Sen. Sara Feigenholtz
Filed: 5/14/2021
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3886
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3886 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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 |
| |||||||
| |||||||
1 | news media requests to speak with a specific, identified minor | ||||||
2 | under 18 years of age, the Department of Children and Family | ||||||
3 | Services shall immediately provide notice of the news media's | ||||||
4 | request to the minor's attorney and guardian ad litem. The | ||||||
5 | notice shall include at a minimum the minor's name, the news | ||||||
6 | media name, and the date of the inquiry from the news media. | ||||||
7 | Within one business day of the news media's request, the | ||||||
8 | Department shall determine whether the minor wants to speak | ||||||
9 | with the news media, whether the minor has sufficient maturity | ||||||
10 | to make his or her own decision to communicate with the news | ||||||
11 | media and whether contact with the news media will more likely | ||||||
12 | than not cause the minor serious physical, emotional or mental | ||||||
13 | harm. The Department shall provide notice of its determination | ||||||
14 | to the minor's attorney and guardian ad litem within one | ||||||
15 | business day of its determination. | ||||||
16 | (c) Provisions related to minors over 18. The Department | ||||||
17 | shall not take any action to interfere with the right of a | ||||||
18 | minor over 18 to speak with the news media. | ||||||
19 | (d) Court Review. | ||||||
20 | (1) Any party may file a motion seeking to enforce | ||||||
21 | rights under this Section. | ||||||
22 | (2) If the minor does not have an attorney, the court | ||||||
23 | shall appoint one for purposes of the motion. | ||||||
24 | (3) The Department shall facilitate the minor's | ||||||
25 | presence in court for hearings on the motion if the minor | ||||||
26 | wants to be present. |
| |||||||
| |||||||
1 | (4) The party filing the motion shall provide prior | ||||||
2 | notice of the hearing to the involved news media. | ||||||
3 | (5) Minors over 18. If the court finds that the | ||||||
4 | Department has interfered with the minor's right to | ||||||
5 | communicate with the media, the court shall enjoin any | ||||||
6 | further interference by the Department with the minor's | ||||||
7 | contacts with the news media. | ||||||
8 | (6) Minors under 18. The Department shall have the | ||||||
9 | burden of establishing by clear and convincing evidence: | ||||||
10 | (i) that the minor does not have sufficient maturity to | ||||||
11 | make his or her own decision to communicate with the news | ||||||
12 | media and that contact with the news media will, more | ||||||
13 | likely than not, cause the minor serious physical, | ||||||
14 | emotional or mental harm; and (ii) that less restrictive | ||||||
15 | means are insufficient to address the minor's lack of | ||||||
16 | maturity or the risk of serious physical, emotional or | ||||||
17 | mental harm. If the court finds by clear and convincing | ||||||
18 | evidence that a minor under 18 years of age lacks | ||||||
19 | sufficient maturity to make his or her own decision to | ||||||
20 | communicate with the media and that the contact with the | ||||||
21 | news media will, more likely than not, cause the minor | ||||||
22 | serious physical, emotional, or mental harm, the court may | ||||||
23 | issue an order identifying the specific limits that the | ||||||
24 | Department may impose on the minor's communication with | ||||||
25 | the news media. The order shall not permit the Department | ||||||
26 | to prevent the minor from communicating with the news |
| |||||||
| |||||||
1 | media unless it determines that no less restrictive means | ||||||
2 | are available to address the likelihood of harm to the | ||||||
3 | minor. | ||||||
4 | (7) The court shall not impose any limitations on the | ||||||
5 | speech of a minor based on viewpoints the minor may | ||||||
6 | express or information the minor may divulge, unless it is | ||||||
7 | confidential information regarding third parties. | ||||||
8 | (8) All orders resolving motions brought under this | ||||||
9 | subsection shall contain written findings in support of | ||||||
10 | the court's ruling. | ||||||
11 | (e) As used in this Section, "interfere" includes, but is | ||||||
12 | not limited to: withholding information from a minor about a | ||||||
13 | news media outlet's request to speak with the minor, including | ||||||
14 | any contact information necessary to respond to the request; | ||||||
15 | preventing a minor from communicating with the news media; | ||||||
16 | threatening or coercing the minor in any manner; or punishing | ||||||
17 | or taking adverse action because of a minor's contact with the | ||||||
18 | news media. "Interfere" does not include: | ||||||
19 | (1) providing information and advice about | ||||||
20 | communicating with news media that is consistent with the | ||||||
21 | minor's age, developmental capacity and circumstances, | ||||||
22 | including information about the minor's right to refuse | ||||||
23 | particular questions, the right to condition the | ||||||
24 | participation upon a promise of anonymity or other privacy | ||||||
25 | measures, the right to refuse to speak to the news media, | ||||||
26 | and similar advice designed to enhance the minor's right |
| |||||||
| |||||||
1 | to autonomy in communicating with the news media; and | ||||||
2 | (2) conducting an inquiry into (i) whether a minor | ||||||
3 | under 18 is sufficiently mature to decide for themselves | ||||||
4 | whether to communicate with the news media and (ii) | ||||||
5 | whether communicating with the news media will more likely | ||||||
6 | than not cause serious physical, emotional or mental harm | ||||||
7 | to the minor under 18. The inquiry in this subsection must | ||||||
8 | be concluded within one business day of the request from | ||||||
9 | the news media. | ||||||
10 | (f) As used in this Section, "less restrictive means" are | ||||||
11 | conditions on the minor's ability to communicate with the news | ||||||
12 | media that mitigate the likelihood that physical, emotional, | ||||||
13 | or mental harm will result, and include, but are not limited | ||||||
14 | to: | ||||||
15 | (1) the news media outlet's willingness to take steps | ||||||
16 | to protect the minor's privacy, such as using a pseudonym | ||||||
17 | or limiting the use of the voice or image of a minor; | ||||||
18 | (2) the presence of the minor's guardian ad litem or | ||||||
19 | attorney or another adult of the minor's choosing, during | ||||||
20 | the communication with the news media; and | ||||||
21 | (3) providing the minor with age-appropriate media | ||||||
22 | literacy materials or other relevant educational material.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|