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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | adding Section 2-10.3 as follows: | ||||||
6 | (705 ILCS 405/2-10.3 new) | ||||||
7 | Sec. 2-10.3. Access to news media. | ||||||
8 | (a) All youth in the custody or guardianship of the | ||||||
9 | Department of Children and Family Services are entitled to the | ||||||
10 | freedom of speech guaranteed by the First Amendment to the | ||||||
11 | Constitution of the United States and Section 4 of Article I of | ||||||
12 | the Illinois Constitution. The Department of Children and | ||||||
13 | Family Services and its agents and assigns shall not interfere | ||||||
14 | with the right of any youth in its custody or guardianship to | ||||||
15 | communicate with the news media if the youth chooses to do so. | ||||||
16 | (b) Provisions related to minors under 18. Any time the | ||||||
17 | news media requests to speak with a specific, identified minor | ||||||
18 | under 18 years of age, the Department of Children and Family | ||||||
19 | Services shall immediately provide notice of the news media's | ||||||
20 | request to the minor's attorney and guardian ad litem. The | ||||||
21 | notice shall include at a minimum the minor's name, the news | ||||||
22 | media name, and the date of the inquiry from the news media. | ||||||
23 | Within one business day of the news media's request, the |
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1 | Department shall determine whether the minor wants to speak | ||||||
2 | with the news media, whether the minor has sufficient maturity | ||||||
3 | to make his or her own decision to communicate with the news | ||||||
4 | media and whether contact with the news media will more likely | ||||||
5 | than not cause the minor serious physical, emotional, or | ||||||
6 | mental harm. The Department shall provide notice of its | ||||||
7 | determination to the minor's attorney and guardian ad litem | ||||||
8 | within one business day of its determination. | ||||||
9 | (c) Provisions related to minors over 18. The Department | ||||||
10 | shall not take any action to interfere with the right of a | ||||||
11 | minor over 18 to speak with the news media. | ||||||
12 | (d) Court Review. | ||||||
13 | (1) Any party may file a motion seeking to enforce | ||||||
14 | rights under this Section. | ||||||
15 | (2) If the minor does not have an attorney, the court | ||||||
16 | shall appoint one for purposes of the motion. | ||||||
17 | (3) The Department shall facilitate the minor's | ||||||
18 | presence in court for hearings on the motion if the minor | ||||||
19 | wants to be present. | ||||||
20 | (4) The party filing the motion shall provide prior | ||||||
21 | notice of the hearing to the involved news media. | ||||||
22 | (5) Minors over 18. If the court finds that the | ||||||
23 | Department has interfered with the minor's right to | ||||||
24 | communicate with the media, the court shall enjoin any | ||||||
25 | further interference by the Department with the minor's | ||||||
26 | contacts with the news media. |
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1 | (6) Minors under 18. The Department shall have the | ||||||
2 | burden of establishing by clear and convincing evidence: | ||||||
3 | (i) that the minor does not have sufficient maturity to | ||||||
4 | make his or her own decision to communicate with the news | ||||||
5 | media and that contact with the news media will, more | ||||||
6 | likely than not, cause the minor serious physical, | ||||||
7 | emotional, or mental harm; and (ii) that less restrictive | ||||||
8 | means are insufficient to address the minor's lack of | ||||||
9 | maturity or the risk of serious physical, emotional, or | ||||||
10 | mental harm. If the court finds by clear and convincing | ||||||
11 | evidence that a minor under 18 years of age lacks | ||||||
12 | sufficient maturity to make his or her own decision to | ||||||
13 | communicate with the media and that the contact with the | ||||||
14 | news media will, more likely than not, cause the minor | ||||||
15 | serious physical, emotional, or mental harm, the court may | ||||||
16 | issue an order identifying the specific limits that the | ||||||
17 | Department may impose on the minor's communication with | ||||||
18 | the news media. The order shall not permit the Department | ||||||
19 | to prevent the minor from communicating with the news | ||||||
20 | media unless it determines that no less restrictive means | ||||||
21 | are available to address the likelihood of harm to the | ||||||
22 | minor. | ||||||
23 | (7) The court shall not impose any limitations on the | ||||||
24 | speech of a minor based on viewpoints the minor may | ||||||
25 | express or information the minor may divulge, unless it is | ||||||
26 | confidential information regarding third parties. |
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1 | (8) All orders resolving motions brought under this | ||||||
2 | subsection shall contain written findings in support of | ||||||
3 | the court's ruling. | ||||||
4 | (e) As used in this Section, "interfere" includes, but is | ||||||
5 | not limited to: withholding information from a minor about a | ||||||
6 | news media outlet's request to speak with the minor, including | ||||||
7 | any contact information necessary to respond to the request; | ||||||
8 | preventing a minor from communicating with the news media; | ||||||
9 | threatening or coercing the minor in any manner; or punishing | ||||||
10 | or taking adverse action because of a minor's contact with the | ||||||
11 | news media. "Interfere" does not include: | ||||||
12 | (1) providing information and advice about | ||||||
13 | communicating with news media that is consistent with the | ||||||
14 | minor's age, developmental capacity and circumstances, | ||||||
15 | including information about the minor's right to refuse | ||||||
16 | particular questions, the right to condition the | ||||||
17 | participation upon a promise of anonymity or other privacy | ||||||
18 | measures, the right to refuse to speak to the news media, | ||||||
19 | and similar advice designed to enhance the minor's right | ||||||
20 | to autonomy in communicating with the news media; and | ||||||
21 | (2) conducting an inquiry into (i) whether a minor | ||||||
22 | under 18 is sufficiently mature to decide for themselves | ||||||
23 | whether to communicate with the news media and (ii) | ||||||
24 | whether communicating with the news media will more likely | ||||||
25 | than not cause serious physical, emotional, or mental harm | ||||||
26 | to the minor under 18. The inquiry in this subsection must |
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1 | be concluded within one business day of the request from | ||||||
2 | the news media. | ||||||
3 | (f) As used in this Section, "less restrictive means" are | ||||||
4 | conditions on the minor's ability to communicate with the news | ||||||
5 | media that mitigate the likelihood that physical, emotional, | ||||||
6 | or mental harm will result, and include, but are not limited | ||||||
7 | to: | ||||||
8 | (1) the news media outlet's willingness to take steps | ||||||
9 | to protect the minor's privacy, such as using a pseudonym | ||||||
10 | or limiting the use of the voice or image of a minor; | ||||||
11 | (2) the presence of the minor's guardian ad litem or | ||||||
12 | attorney or another adult of the minor's choosing, during | ||||||
13 | the communication with the news media; and | ||||||
14 | (3) providing the minor with age-appropriate media | ||||||
15 | literacy materials or other relevant educational material.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law. |