Sen. Sara Feigenholtz

Filed: 5/14/2021





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2    AMENDMENT NO. ______. Amend House Bill 3886 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5adding 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
9Department of Children and Family Services are entitled to the
10freedom of speech guaranteed by the First Amendment to the
11Constitution of the United States and Section 4 of Article I of
12the Illinois Constitution. The Department of Children and
13Family Services and its agents and assigns shall not interfere
14with the right of any youth in its custody or guardianship to
15communicate with the news media if the youth chooses to do so.
16    (b) Provisions related to minors under 18. Any time the



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1news media requests to speak with a specific, identified minor
2under 18 years of age, the Department of Children and Family
3Services shall immediately provide notice of the news media's
4request to the minor's attorney and guardian ad litem. The
5notice shall include at a minimum the minor's name, the news
6media name, and the date of the inquiry from the news media.
7Within one business day of the news media's request, the
8Department shall determine whether the minor wants to speak
9with the news media, whether the minor has sufficient maturity
10to make his or her own decision to communicate with the news
11media and whether contact with the news media will more likely
12than not cause the minor serious physical, emotional or mental
13harm. The Department shall provide notice of its determination
14to the minor's attorney and guardian ad litem within one
15business day of its determination.
16    (c) Provisions related to minors over 18. The Department
17shall not take any action to interfere with the right of a
18minor 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.



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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



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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
12not limited to: withholding information from a minor about a
13news media outlet's request to speak with the minor, including
14any contact information necessary to respond to the request;
15preventing a minor from communicating with the news media;
16threatening or coercing the minor in any manner; or punishing
17or taking adverse action because of a minor's contact with the
18news 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



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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
11conditions on the minor's ability to communicate with the news
12media that mitigate the likelihood that physical, emotional,
13or mental harm will result, and include, but are not limited
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
24becoming law.".