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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 | changing Sections 1-7, 1-8, 5-105, 5-120, 5-905, and 5-915 as | |||||||||||||||||||||||||||||
6 | follows:
| |||||||||||||||||||||||||||||
7 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| |||||||||||||||||||||||||||||
8 | Sec. 1-7. Confidentiality of law enforcement records.
| |||||||||||||||||||||||||||||
9 | (A) Inspection and copying of law enforcement records | |||||||||||||||||||||||||||||
10 | maintained by law
enforcement agencies that relate to a minor | |||||||||||||||||||||||||||||
11 | who has been arrested or taken
into custody before his or her | |||||||||||||||||||||||||||||
12 | 18th 17th birthday shall be restricted to the
following:
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13 | (1) Any local, State or federal law enforcement | |||||||||||||||||||||||||||||
14 | officers of any
jurisdiction or agency when necessary for | |||||||||||||||||||||||||||||
15 | the discharge of their official
duties during the | |||||||||||||||||||||||||||||
16 | investigation or prosecution of a crime or relating to a
| |||||||||||||||||||||||||||||
17 | minor who has been adjudicated delinquent and there has | |||||||||||||||||||||||||||||
18 | been a previous finding
that the act which constitutes the | |||||||||||||||||||||||||||||
19 | previous offense was committed in
furtherance of criminal | |||||||||||||||||||||||||||||
20 | activities by a criminal street gang, or, when necessary | |||||||||||||||||||||||||||||
21 | for the discharge of its official duties in connection with | |||||||||||||||||||||||||||||
22 | a particular investigation of the conduct of a law | |||||||||||||||||||||||||||||
23 | enforcement officer, an independent agency or its staff |
| |||||||
| |||||||
1 | created by ordinance and charged by a unit of local | ||||||
2 | government with the duty of investigating the conduct of | ||||||
3 | law enforcement officers. For purposes of
this Section, | ||||||
4 | "criminal street gang" has the meaning ascribed to it in
| ||||||
5 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (2) Prosecutors, probation officers, social workers, | ||||||
8 | or other
individuals assigned by the court to conduct a | ||||||
9 | pre-adjudication or
pre-disposition investigation, and | ||||||
10 | individuals responsible for supervising
or providing | ||||||
11 | temporary or permanent care and custody for minors pursuant | ||||||
12 | to
the order of the juvenile court, when essential to | ||||||
13 | performing their
responsibilities.
| ||||||
14 | (3) Prosecutors and probation officers:
| ||||||
15 | (a) in the course of a trial when institution of | ||||||
16 | criminal proceedings
has been permitted or required | ||||||
17 | under Section 5-805; or
| ||||||
18 | (b) when institution of criminal proceedings has | ||||||
19 | been permitted or required under Section 5-805 and such | ||||||
20 | minor is the
subject
of a proceeding to determine the | ||||||
21 | amount of bail; or
| ||||||
22 | (c) when criminal proceedings have been permitted
| ||||||
23 | or
required under Section 5-805 and such minor is the | ||||||
24 | subject of a
pre-trial
investigation, pre-sentence | ||||||
25 | investigation, fitness hearing, or proceedings
on an | ||||||
26 | application for probation.
|
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| |||||||
1 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
2 | (5) Authorized military personnel.
| ||||||
3 | (6) Persons engaged in bona fide research, with the | ||||||
4 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
5 | the chief executive of the respective
law enforcement | ||||||
6 | agency; provided that publication of such research results
| ||||||
7 | in no disclosure of a minor's identity and protects the | ||||||
8 | confidentiality
of the minor's record.
| ||||||
9 | (7) Department of Children and Family Services child | ||||||
10 | protection
investigators acting in their official | ||||||
11 | capacity.
| ||||||
12 | (8) The appropriate school official only if the agency | ||||||
13 | or officer believes that there is an imminent threat of | ||||||
14 | physical harm to students, school personnel, or others who | ||||||
15 | are present in the school or on school grounds. | ||||||
16 | (A) Inspection and copying
shall be limited to law | ||||||
17 | enforcement records transmitted to the appropriate
| ||||||
18 | school official or officials whom the school has | ||||||
19 | determined to have a legitimate educational or safety | ||||||
20 | interest by a local law enforcement agency under a | ||||||
21 | reciprocal reporting
system established and maintained | ||||||
22 | between the school district and the local law
| ||||||
23 | enforcement agency under Section 10-20.14 of the | ||||||
24 | School Code concerning a minor
enrolled in a school | ||||||
25 | within the school district who has been arrested or | ||||||
26 | taken
into custody for any of the following offenses:
|
| |||||||
| |||||||
1 | (i) any violation of Article 24 of the Criminal | ||||||
2 | Code of
1961 or the Criminal Code of 2012;
| ||||||
3 | (ii) a violation of the Illinois Controlled | ||||||
4 | Substances Act;
| ||||||
5 | (iii) a violation of the Cannabis Control Act;
| ||||||
6 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
7 | the Criminal Code
of 1961 or the Criminal Code of 2012; | ||||||
8 | (v) a violation of the Methamphetamine Control and | ||||||
9 | Community Protection Act;
| ||||||
10 | (vi) a violation of Section 1-2 of the Harassing | ||||||
11 | and Obscene Communications Act; | ||||||
12 | (vii) a violation of the Hazing Act; or | ||||||
13 | (viii) a violation of Section 12-1, 12-2, 12-3, | ||||||
14 | 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, | ||||||
15 | 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012. | ||||||
17 | The information derived from the law enforcement | ||||||
18 | records shall be kept separate from and shall not | ||||||
19 | become a part of the official school record of that | ||||||
20 | child and shall not be a public record. The information | ||||||
21 | shall be used solely by the appropriate school official | ||||||
22 | or officials whom the school has determined to have a | ||||||
23 | legitimate educational or safety interest to aid in the | ||||||
24 | proper rehabilitation of the child and to protect the | ||||||
25 | safety of students and employees in the school. If the | ||||||
26 | designated law enforcement and school officials deem |
| |||||||
| |||||||
1 | it to be in the best interest of the minor, the student | ||||||
2 | may be referred to in-school or community based social | ||||||
3 | services if those services are available. | ||||||
4 | "Rehabilitation services" may include interventions by | ||||||
5 | school support personnel, evaluation for eligibility | ||||||
6 | for special education, referrals to community-based | ||||||
7 | agencies such as youth services, behavioral healthcare | ||||||
8 | service providers, drug and alcohol prevention or | ||||||
9 | treatment programs, and other interventions as deemed | ||||||
10 | appropriate for the student. | ||||||
11 | (B) Any information provided to appropriate school | ||||||
12 | officials whom the school has determined to have a | ||||||
13 | legitimate educational or safety interest by local law | ||||||
14 | enforcement officials about a minor who is the subject | ||||||
15 | of a current police investigation that is directly | ||||||
16 | related to school safety shall consist of oral | ||||||
17 | information only, and not written law enforcement | ||||||
18 | records, and shall be used solely by the appropriate | ||||||
19 | school official or officials to protect the safety of | ||||||
20 | students and employees in the school and aid in the | ||||||
21 | proper rehabilitation of the child. The information | ||||||
22 | derived orally from the local law enforcement | ||||||
23 | officials shall be kept separate from and shall not | ||||||
24 | become a part of the official school record of the | ||||||
25 | child and shall not be a public record. This limitation | ||||||
26 | on the use of information about a minor who is the |
| |||||||
| |||||||
1 | subject of a current police investigation shall in no | ||||||
2 | way limit the use of this information by prosecutors in | ||||||
3 | pursuing criminal charges arising out of the | ||||||
4 | information disclosed during a police investigation of | ||||||
5 | the minor. For purposes of this paragraph, | ||||||
6 | "investigation" means an official systematic inquiry | ||||||
7 | by a law enforcement agency into actual or suspected | ||||||
8 | criminal activity.
| ||||||
9 | (9) Mental health professionals on behalf of the | ||||||
10 | Illinois Department of
Corrections or the Department of | ||||||
11 | Human Services or prosecutors who are
evaluating, | ||||||
12 | prosecuting, or investigating a potential or actual | ||||||
13 | petition
brought
under the Sexually Violent Persons | ||||||
14 | Commitment Act relating to a person who is
the
subject of | ||||||
15 | juvenile law enforcement records or the respondent to a | ||||||
16 | petition
brought under the Sexually Violent Persons | ||||||
17 | Commitment Act who is the subject of
the
juvenile law | ||||||
18 | enforcement records sought.
Any records and any | ||||||
19 | information obtained from those records under this
| ||||||
20 | paragraph (9) may be used only in sexually violent persons | ||||||
21 | commitment
proceedings.
| ||||||
22 | (10) The president of a park district. Inspection and | ||||||
23 | copying shall be limited to law enforcement records | ||||||
24 | transmitted to the president of the park district by the | ||||||
25 | Illinois State Police under Section 8-23 of the Park | ||||||
26 | District Code or Section 16a-5 of the Chicago Park District |
| |||||||
| |||||||
1 | Act concerning a person who is seeking employment with that | ||||||
2 | park district and who has been adjudicated a juvenile | ||||||
3 | delinquent for any of the offenses listed in subsection (c) | ||||||
4 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
5 | of Section 16a-5 of the Chicago Park District Act.
| ||||||
6 | (B) (1) Except as provided in paragraph (2), no law | ||||||
7 | enforcement
officer or other person or agency may knowingly | ||||||
8 | transmit to the Department of
Corrections or the Department | ||||||
9 | of State Police or to the Federal
Bureau of Investigation | ||||||
10 | any fingerprint or photograph relating to a minor who
has | ||||||
11 | been arrested or taken into custody before his or her 18th | ||||||
12 | 17th birthday,
unless the court in proceedings under this | ||||||
13 | Act authorizes the transmission or
enters an order under | ||||||
14 | Section 5-805 permitting or requiring the
institution of
| ||||||
15 | criminal proceedings.
| ||||||
16 | (2) Law enforcement officers or other persons or | ||||||
17 | agencies shall transmit
to the Department of State Police | ||||||
18 | copies of fingerprints and descriptions
of all minors who | ||||||
19 | have been arrested or taken into custody before their
18th | ||||||
20 | 17th birthday for the offense of unlawful use of weapons | ||||||
21 | under Article 24 of
the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, a Class X or Class 1 felony, a | ||||||
23 | forcible felony as
defined in Section 2-8 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012, or a Class 2 or | ||||||
25 | greater
felony under the Cannabis Control Act, the Illinois | ||||||
26 | Controlled Substances Act, the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
2 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
3 | Identification Act. Information reported to the Department | ||||||
4 | pursuant
to this Section may be maintained with records | ||||||
5 | that the Department files
pursuant to Section 2.1 of the | ||||||
6 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
7 | a law enforcement agency from fingerprinting a minor taken | ||||||
8 | into
custody or arrested before his or her 18th 17th | ||||||
9 | birthday for an offense other than
those listed in this | ||||||
10 | paragraph (2).
| ||||||
11 | (C) The records of law enforcement officers, or of an | ||||||
12 | independent agency created by ordinance and charged by a unit | ||||||
13 | of local government with the duty of investigating the conduct | ||||||
14 | of law enforcement officers, concerning all minors under
18 17 | ||||||
15 | years of age must be maintained separate from the records of | ||||||
16 | arrests and
may not be open to public inspection or their | ||||||
17 | contents disclosed to the
public except by order of the court | ||||||
18 | presiding over matters pursuant to this Act or when the | ||||||
19 | institution of criminal
proceedings has been permitted or | ||||||
20 | required under Section
5-805 or such a person has been | ||||||
21 | convicted of a crime and is the
subject of
pre-sentence | ||||||
22 | investigation or proceedings on an application for probation
or | ||||||
23 | when provided by law. For purposes of obtaining documents | ||||||
24 | pursuant to this Section, a civil subpoena is not an order of | ||||||
25 | the court. | ||||||
26 | (1) In cases where the law enforcement, or independent |
| |||||||
| |||||||
1 | agency, records concern a pending juvenile court case, the | ||||||
2 | party seeking to inspect the records shall provide actual | ||||||
3 | notice to the attorney or guardian ad litem of the minor | ||||||
4 | whose records are sought. | ||||||
5 | (2) In cases where the records concern a juvenile court | ||||||
6 | case that is no longer pending, the party seeking to | ||||||
7 | inspect the records shall provide actual notice to the | ||||||
8 | minor or the minor's parent or legal guardian, and the | ||||||
9 | matter shall be referred to the chief judge presiding over | ||||||
10 | matters pursuant to this Act. | ||||||
11 | (3) In determining whether the records should be | ||||||
12 | available for inspection, the court shall consider the | ||||||
13 | minor's interest in confidentiality and rehabilitation | ||||||
14 | over the moving party's interest in obtaining the | ||||||
15 | information. Any records obtained in violation of this | ||||||
16 | subsection (C) shall not be admissible in any criminal or | ||||||
17 | civil proceeding, or operate to disqualify a minor from | ||||||
18 | subsequently holding public office or securing employment, | ||||||
19 | or operate as a forfeiture of any public benefit, right, | ||||||
20 | privilege, or right to receive any license granted by | ||||||
21 | public authority.
| ||||||
22 | (D) Nothing contained in subsection (C) of this Section | ||||||
23 | shall prohibit
the inspection or disclosure to victims and | ||||||
24 | witnesses of photographs
contained in the records of law | ||||||
25 | enforcement agencies when the
inspection and disclosure is | ||||||
26 | conducted in the presence of a law enforcement
officer for the |
| |||||||
| |||||||
1 | purpose of the identification or apprehension of any person
| ||||||
2 | subject to the provisions of this Act or for the investigation | ||||||
3 | or
prosecution of any crime.
| ||||||
4 | (E) Law enforcement officers, and personnel of an | ||||||
5 | independent agency created by ordinance and charged by a unit | ||||||
6 | of local government with the duty of investigating the conduct | ||||||
7 | of law enforcement officers, may not disclose the identity of | ||||||
8 | any minor
in releasing information to the general public as to | ||||||
9 | the arrest, investigation
or disposition of any case involving | ||||||
10 | a minor.
| ||||||
11 | (F) Nothing contained in this Section shall prohibit law | ||||||
12 | enforcement
agencies from communicating with each other by | ||||||
13 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
14 | other means the identity or other relevant
information | ||||||
15 | pertaining to a person under 18 17 years of age if there are
| ||||||
16 | reasonable grounds to believe that the person poses a real and | ||||||
17 | present danger
to the safety of the public or law enforcement | ||||||
18 | officers. The information
provided under this subsection (F) | ||||||
19 | shall remain confidential and shall not
be publicly disclosed, | ||||||
20 | except as otherwise allowed by law.
| ||||||
21 | (G) Nothing in this Section shall prohibit the right of a | ||||||
22 | Civil Service
Commission or appointing authority of any state, | ||||||
23 | county or municipality
examining the character and fitness of | ||||||
24 | an applicant for employment with a law
enforcement agency, | ||||||
25 | correctional institution, or fire department
from obtaining | ||||||
26 | and examining the
records of any law enforcement agency |
| |||||||
| |||||||
1 | relating to any record of the applicant
having been arrested or | ||||||
2 | taken into custody before the applicant's 18th 17th
birthday.
| ||||||
3 | The changes made to this Section by this amendatory Act of | ||||||
4 | the 98th General Assembly apply to law enforcement records of a | ||||||
5 | minor who has been arrested or taken into custody on or after | ||||||
6 | the effective date of this amendatory Act. | ||||||
7 | (Source: P.A. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12; | ||||||
8 | 97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; 97-1150, eff. | ||||||
9 | 1-25-13.)
| ||||||
10 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
11 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
12 | court records.
| ||||||
13 | (A) Inspection and copying of juvenile court records | ||||||
14 | relating to a minor
who is the subject of a proceeding under | ||||||
15 | this Act shall be restricted to the
following:
| ||||||
16 | (1) The minor who is the subject of record, his | ||||||
17 | parents, guardian
and counsel.
| ||||||
18 | (2) Law enforcement officers and law enforcement | ||||||
19 | agencies when such
information is essential to executing an | ||||||
20 | arrest or search warrant or other
compulsory process, or to | ||||||
21 | conducting an ongoing investigation
or relating to a minor | ||||||
22 | who
has been adjudicated delinquent and there has been a | ||||||
23 | previous finding that
the act which constitutes the | ||||||
24 | previous offense was committed in furtherance
of criminal | ||||||
25 | activities by a criminal street gang.
|
| |||||||
| |||||||
1 | Before July 1, 1994, for the purposes of this Section, | ||||||
2 | "criminal street
gang" means any ongoing
organization, | ||||||
3 | association, or group of 3 or more persons, whether formal | ||||||
4 | or
informal, having as one of its primary activities the | ||||||
5 | commission of one or
more criminal acts and that has a | ||||||
6 | common name or common identifying sign,
symbol or specific | ||||||
7 | color apparel displayed, and whose members individually
or | ||||||
8 | collectively engage in or have engaged in a pattern of | ||||||
9 | criminal activity.
| ||||||
10 | Beginning July 1, 1994, for purposes of this Section, | ||||||
11 | "criminal street
gang" has the meaning ascribed to it in | ||||||
12 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
13 | Prevention Act.
| ||||||
14 | (3) Judges, hearing officers, prosecutors, probation | ||||||
15 | officers, social
workers or other
individuals assigned by | ||||||
16 | the court to conduct a pre-adjudication or
predisposition | ||||||
17 | investigation, and individuals responsible for supervising
| ||||||
18 | or providing temporary or permanent care and custody for | ||||||
19 | minors pursuant
to the order of the juvenile court when | ||||||
20 | essential to performing their
responsibilities.
| ||||||
21 | (4) Judges, prosecutors and probation officers:
| ||||||
22 | (a) in the course of a trial when institution of | ||||||
23 | criminal proceedings
has been permitted or required | ||||||
24 | under Section 5-805; or
| ||||||
25 | (b) when criminal proceedings have been permitted
| ||||||
26 | or
required under Section 5-805 and a minor is the |
| |||||||
| |||||||
1 | subject of a
proceeding to
determine the amount of | ||||||
2 | bail; or
| ||||||
3 | (c) when criminal proceedings have been permitted
| ||||||
4 | or
required under Section 5-805 and a minor is the | ||||||
5 | subject of a
pre-trial
investigation, pre-sentence | ||||||
6 | investigation or fitness hearing, or
proceedings on an | ||||||
7 | application for probation; or
| ||||||
8 | (d) when a minor becomes 18 17 years of age or | ||||||
9 | older, and is the subject
of criminal proceedings, | ||||||
10 | including a hearing to determine the amount of
bail, a | ||||||
11 | pre-trial investigation, a pre-sentence investigation, | ||||||
12 | a fitness
hearing, or proceedings on an application for | ||||||
13 | probation.
| ||||||
14 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
15 | (6) Authorized military personnel.
| ||||||
16 | (7) Victims, their subrogees and legal | ||||||
17 | representatives; however, such
persons shall have access | ||||||
18 | only to the name and address of the minor and
information | ||||||
19 | pertaining to the disposition or alternative adjustment | ||||||
20 | plan
of the juvenile court.
| ||||||
21 | (8) Persons engaged in bona fide research, with the | ||||||
22 | permission of the
presiding judge of the juvenile court and | ||||||
23 | the chief executive of the agency
that prepared the | ||||||
24 | particular records; provided that publication of such
| ||||||
25 | research results in no disclosure of a minor's identity and | ||||||
26 | protects the
confidentiality of the record.
|
| |||||||
| |||||||
1 | (9) The Secretary of State to whom the Clerk of the | ||||||
2 | Court shall report
the disposition of all cases, as | ||||||
3 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
4 | However, information reported relative to these offenses | ||||||
5 | shall
be privileged and available only to the Secretary of | ||||||
6 | State, courts, and police
officers.
| ||||||
7 | (10) The administrator of a bonafide substance abuse | ||||||
8 | student
assistance program with the permission of the | ||||||
9 | presiding judge of the
juvenile court.
| ||||||
10 | (11) Mental health professionals on behalf of the | ||||||
11 | Illinois Department of
Corrections or the Department of | ||||||
12 | Human Services or prosecutors who are
evaluating, | ||||||
13 | prosecuting, or investigating a potential or actual | ||||||
14 | petition
brought
under the Sexually Violent Persons | ||||||
15 | Commitment Act relating to a person who is the
subject of
| ||||||
16 | juvenile court records or the respondent to a petition | ||||||
17 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
18 | who is the subject of juvenile
court records
sought. Any | ||||||
19 | records and any information obtained from those records | ||||||
20 | under this
paragraph (11) may be used only in sexually | ||||||
21 | violent persons commitment
proceedings.
| ||||||
22 | (A-1) Findings and exclusions of paternity entered in | ||||||
23 | proceedings occurring under Article II of this Act shall be | ||||||
24 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
25 | of the Juvenile Court, to the Department of Healthcare and | ||||||
26 | Family Services when necessary to discharge the duties of the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services under Article X of | ||||||
2 | the Illinois Public Aid Code. | ||||||
3 | (B) A minor who is the victim in a juvenile proceeding | ||||||
4 | shall be
provided the same confidentiality regarding | ||||||
5 | disclosure of identity as the
minor who is the subject of | ||||||
6 | record.
| ||||||
7 | (C) Except as otherwise provided in this subsection (C), | ||||||
8 | juvenile court
records shall not be made available to the | ||||||
9 | general public
but may be inspected by representatives of | ||||||
10 | agencies, associations and news
media or other properly | ||||||
11 | interested persons by general or special order of
the court | ||||||
12 | presiding over matters pursuant to this Act. | ||||||
13 | (0.1) In cases where the records concern a pending | ||||||
14 | juvenile court case, the party seeking to inspect the | ||||||
15 | juvenile court records shall provide actual notice to the | ||||||
16 | attorney or guardian ad litem of the minor whose records | ||||||
17 | are sought. | ||||||
18 | (0.2) In cases where the records concern a juvenile | ||||||
19 | court case that is no longer pending, the party seeking to | ||||||
20 | inspect the juvenile court records shall provide actual | ||||||
21 | notice to the minor or the minor's parent or legal | ||||||
22 | guardian, and the matter shall be referred to the chief | ||||||
23 | judge presiding over matters pursuant to this Act. | ||||||
24 | (0.3) In determining whether the records should be | ||||||
25 | available for inspection, the court shall consider the | ||||||
26 | minor's interest in confidentiality and rehabilitation |
| |||||||
| |||||||
1 | over the moving party's interest in obtaining the | ||||||
2 | information. The State's Attorney, the minor, and the | ||||||
3 | minor's parents, guardian, and counsel shall at all times | ||||||
4 | have the right to examine court files and records. For | ||||||
5 | purposes of obtaining documents pursuant to this Section, a | ||||||
6 | civil subpoena is not an order of the court. | ||||||
7 | (0.4) Any records obtained in violation of this | ||||||
8 | subsection (C) shall not be admissible in any criminal or | ||||||
9 | civil proceeding, or operate to disqualify a minor from | ||||||
10 | subsequently holding public office, or operate as a | ||||||
11 | forfeiture of any public benefit, right, privilege, or | ||||||
12 | right to receive any license granted by public authority.
| ||||||
13 | (1) The
court shall allow the general public to have | ||||||
14 | access to the name, address, and offense of a minor
who is | ||||||
15 | adjudicated a delinquent minor under this Act under either | ||||||
16 | of the
following circumstances:
| ||||||
17 | (A) The
adjudication of
delinquency was based upon | ||||||
18 | the
minor's
commission of first degree murder, attempt | ||||||
19 | to commit first degree
murder, aggravated criminal | ||||||
20 | sexual assault, or criminal sexual assault; or
| ||||||
21 | (B) The court has made a finding that the minor was | ||||||
22 | at least 13 years of
age
at the time the act was | ||||||
23 | committed and the adjudication of delinquency was | ||||||
24 | based
upon the minor's commission of: (i)
an act in | ||||||
25 | furtherance of the commission of a felony as a member | ||||||
26 | of or on
behalf of a criminal street
gang, (ii) an act |
| |||||||
| |||||||
1 | involving the use of a firearm in the commission of a
| ||||||
2 | felony, (iii) an act that would be a Class X felony | ||||||
3 | offense
under or
the minor's second or subsequent
Class | ||||||
4 | 2 or greater felony offense under the Cannabis Control | ||||||
5 | Act if committed by an adult,
(iv) an act that would be | ||||||
6 | a second or subsequent offense under Section 402 of
the | ||||||
7 | Illinois Controlled Substances Act if committed by an | ||||||
8 | adult, (v) an act
that would be an offense under | ||||||
9 | Section 401 of the Illinois Controlled
Substances Act | ||||||
10 | if committed by an adult, (vi) an act that would be a | ||||||
11 | second or subsequent offense under Section 60 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | or (vii) an act that would be an offense under another | ||||||
14 | Section of the Methamphetamine Control and Community | ||||||
15 | Protection Act.
| ||||||
16 | (2) The court
shall allow the general public to have | ||||||
17 | access to the name, address, and offense of a minor who is | ||||||
18 | at least 13 years of age at
the time the offense
is | ||||||
19 | committed and who is convicted, in criminal proceedings
| ||||||
20 | permitted or required under Section 5-4, under either of | ||||||
21 | the following
circumstances:
| ||||||
22 | (A) The minor has been convicted of first degree | ||||||
23 | murder, attempt
to commit first degree
murder, | ||||||
24 | aggravated criminal sexual
assault, or criminal sexual | ||||||
25 | assault,
| ||||||
26 | (B) The court has made a finding that the minor was |
| |||||||
| |||||||
1 | at least 13 years
of age
at the time the offense was | ||||||
2 | committed and the conviction was based upon the
minor's | ||||||
3 | commission of: (i)
an offense in
furtherance of the | ||||||
4 | commission of a felony as a member of or on behalf of a
| ||||||
5 | criminal street gang, (ii) an offense
involving the use | ||||||
6 | of a firearm in the commission of a felony, (iii)
a | ||||||
7 | Class X felony offense under or a second or subsequent | ||||||
8 | Class 2 or
greater felony offense under the Cannabis | ||||||
9 | Control Act, (iv) a
second or subsequent offense under | ||||||
10 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
11 | (v) an offense under Section 401 of the Illinois
| ||||||
12 | Controlled Substances Act, (vi) an act that would be a | ||||||
13 | second or subsequent offense under Section 60 of the | ||||||
14 | Methamphetamine Control and Community Protection Act, | ||||||
15 | or (vii) an act that would be an offense under another | ||||||
16 | Section of the Methamphetamine Control and Community | ||||||
17 | Protection Act.
| ||||||
18 | (D) Pending or following any adjudication of delinquency | ||||||
19 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
20 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
22 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
23 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
24 | juvenile who is the subject of the adjudication, | ||||||
25 | notwithstanding any other
provision of this Act, shall be | ||||||
26 | treated
as an adult for the purpose of affording such rights to |
| |||||||
| |||||||
1 | the victim.
| ||||||
2 | (E) Nothing in this Section shall affect the right of a | ||||||
3 | Civil Service
Commission or appointing authority of any state, | ||||||
4 | county or municipality
examining the character and fitness of
| ||||||
5 | an applicant for employment with a law enforcement
agency, | ||||||
6 | correctional institution, or fire department to
ascertain
| ||||||
7 | whether that applicant was ever adjudicated to be a delinquent | ||||||
8 | minor and,
if so, to examine the records of disposition or | ||||||
9 | evidence which were made in
proceedings under this Act.
| ||||||
10 | (F) Following any adjudication of delinquency for a crime | ||||||
11 | which would be
a felony if committed by an adult, or following | ||||||
12 | any adjudication of delinquency
for a violation of Section | ||||||
13 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
15 | whether the minor respondent is enrolled in school and, if so, | ||||||
16 | shall provide
a copy of the dispositional order to the | ||||||
17 | principal or chief administrative
officer of the school. Access | ||||||
18 | to such juvenile records shall be limited
to the principal or | ||||||
19 | chief administrative officer of the school and any guidance
| ||||||
20 | counselor designated by him.
| ||||||
21 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
22 | disclosure of information or records relating or pertaining to | ||||||
23 | juveniles
subject to the provisions of the Serious Habitual | ||||||
24 | Offender Comprehensive
Action Program when that information is | ||||||
25 | used to assist in the early
identification and treatment of | ||||||
26 | habitual juvenile offenders.
|
| |||||||
| |||||||
1 | (H) When a Court hearing a proceeding under Article II of | ||||||
2 | this Act becomes
aware that an earlier proceeding under Article | ||||||
3 | II had been heard in a different
county, that Court shall | ||||||
4 | request, and the Court in which the earlier
proceedings were | ||||||
5 | initiated shall transmit, an authenticated copy of the Court
| ||||||
6 | record, including all documents, petitions, and orders filed | ||||||
7 | therein and the
minute orders, transcript of proceedings, and | ||||||
8 | docket entries of the Court.
| ||||||
9 | (I) The Clerk of the Circuit Court shall report to the | ||||||
10 | Department of
State
Police, in the form and manner required by | ||||||
11 | the Department of State Police, the
final disposition of each | ||||||
12 | minor who has been arrested or taken into custody
before his or | ||||||
13 | her 18th 17th birthday for those offenses required to be | ||||||
14 | reported
under Section 5 of the Criminal Identification Act. | ||||||
15 | Information reported to
the Department under this Section may | ||||||
16 | be maintained with records that the
Department files under | ||||||
17 | Section 2.1 of the Criminal Identification Act.
| ||||||
18 | The changes made to this Section by this amendatory Act of | ||||||
19 | the 98th General Assembly apply to law enforcement records of a | ||||||
20 | minor who has been arrested or taken into custody on or after | ||||||
21 | the effective date of this amendatory Act. | ||||||
22 | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||||||
23 | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||||||
24 | (705 ILCS 405/5-105)
| ||||||
25 | Sec. 5-105. Definitions. As used in this Article:
|
| |||||||
| |||||||
1 | (1) "Court" means the circuit court in a session or | ||||||
2 | division
assigned to hear proceedings under this Act, and | ||||||
3 | includes the term Juvenile
Court.
| ||||||
4 | (2) "Community service" means uncompensated labor for a | ||||||
5 | community service
agency as hereinafter defined.
| ||||||
6 | (2.5) "Community service agency" means a not-for-profit | ||||||
7 | organization,
community
organization, church, charitable | ||||||
8 | organization, individual, public office,
or other public body | ||||||
9 | whose purpose is to enhance
the physical or mental health of a | ||||||
10 | delinquent minor or to rehabilitate the
minor, or to improve | ||||||
11 | the environmental quality or social welfare of the
community | ||||||
12 | which agrees to accept community service from juvenile | ||||||
13 | delinquents
and to report on the progress of the community | ||||||
14 | service to the State's
Attorney pursuant to an agreement or to | ||||||
15 | the court or to any agency designated
by the court or to the | ||||||
16 | authorized diversion program that has referred the
delinquent | ||||||
17 | minor for community service.
| ||||||
18 | (3) "Delinquent minor" means any minor who prior to his or | ||||||
19 | her 17th birthday
has
violated or attempted to violate, | ||||||
20 | regardless of where the act occurred, any
federal or State law, | ||||||
21 | county or municipal ordinance, and any minor who prior to his | ||||||
22 | or her 18th birthday has violated or attempted to violate, | ||||||
23 | regardless of where the act occurred, any federal, State, | ||||||
24 | county or municipal law or ordinance classified as a | ||||||
25 | misdemeanor offense .
| ||||||
26 | (4) "Department" means the Department of Human Services |
| |||||||
| |||||||
1 | unless specifically
referenced as another department.
| ||||||
2 | (5) "Detention" means the temporary care of a minor who is | ||||||
3 | alleged to be or
has been adjudicated
delinquent and who | ||||||
4 | requires secure custody for the minor's own
protection or the | ||||||
5 | community's protection in a facility designed to physically
| ||||||
6 | restrict the minor's movements, pending disposition by the | ||||||
7 | court or
execution of an order of the court for placement or | ||||||
8 | commitment. Design
features that physically restrict movement | ||||||
9 | include, but are not limited to,
locked rooms and the secure | ||||||
10 | handcuffing of a minor to a rail or other
stationary object. In | ||||||
11 | addition, "detention" includes the court ordered
care of an | ||||||
12 | alleged or adjudicated delinquent minor who requires secure
| ||||||
13 | custody pursuant to Section 5-125 of this Act.
| ||||||
14 | (6) "Diversion" means the referral of a juvenile, without | ||||||
15 | court
intervention,
into a program that provides services | ||||||
16 | designed to educate the juvenile and
develop a productive and | ||||||
17 | responsible approach to living in the community.
| ||||||
18 | (7) "Juvenile detention home" means a public facility with | ||||||
19 | specially trained
staff that conforms to the county juvenile | ||||||
20 | detention standards promulgated by
the Department of | ||||||
21 | Corrections.
| ||||||
22 | (8) "Juvenile justice continuum" means a set of delinquency | ||||||
23 | prevention
programs and services designed for the purpose of | ||||||
24 | preventing or reducing
delinquent acts, including criminal | ||||||
25 | activity by youth gangs, as well as
intervention, | ||||||
26 | rehabilitation, and prevention services targeted at minors who
|
| |||||||
| |||||||
1 | have committed delinquent acts,
and minors who have previously | ||||||
2 | been committed to residential treatment programs
for | ||||||
3 | delinquents. The term includes children-in-need-of-services | ||||||
4 | and
families-in-need-of-services programs; aftercare and | ||||||
5 | reentry services;
substance abuse and mental health programs;
| ||||||
6 | community service programs; community service
work programs; | ||||||
7 | and alternative-dispute resolution programs serving
| ||||||
8 | youth-at-risk of delinquency and their families, whether | ||||||
9 | offered or delivered
by State or
local governmental entities, | ||||||
10 | public or private for-profit or not-for-profit
organizations, | ||||||
11 | or religious or charitable organizations. This term would also
| ||||||
12 | encompass any program or service consistent with the purpose of | ||||||
13 | those programs
and services enumerated in this subsection.
| ||||||
14 | (9) "Juvenile police officer" means a sworn police officer | ||||||
15 | who has completed
a Basic Recruit Training Course, has been | ||||||
16 | assigned to the position of juvenile
police officer by his or | ||||||
17 | her chief law enforcement officer and has completed
the | ||||||
18 | necessary juvenile officers training as prescribed by the | ||||||
19 | Illinois Law
Enforcement Training Standards Board, or in the | ||||||
20 | case of a State police officer,
juvenile officer training | ||||||
21 | approved by the Director of State
Police.
| ||||||
22 | (10) "Minor" means a person under the age of 21 years | ||||||
23 | subject to this Act.
| ||||||
24 | (11) "Non-secure custody" means confinement where the | ||||||
25 | minor is not
physically
restricted by being placed in a locked | ||||||
26 | cell or room, by being handcuffed to a
rail or other stationary |
| |||||||
| |||||||
1 | object, or by other means. Non-secure custody may
include, but | ||||||
2 | is not limited to, electronic monitoring, foster home | ||||||
3 | placement,
home confinement, group home placement, or physical | ||||||
4 | restriction of movement or
activity solely through facility | ||||||
5 | staff.
| ||||||
6 | (12) "Public or community service" means uncompensated | ||||||
7 | labor for a
not-for-profit organization
or public body whose | ||||||
8 | purpose is to enhance physical or mental stability of the
| ||||||
9 | offender, environmental quality or the social welfare and which | ||||||
10 | agrees to
accept public or community service from offenders and | ||||||
11 | to report on the progress
of the offender and the public or | ||||||
12 | community service to the court or to the
authorized diversion | ||||||
13 | program that has referred the offender for public or
community
| ||||||
14 | service.
| ||||||
15 | (13) "Sentencing hearing" means a hearing to determine | ||||||
16 | whether a minor
should
be adjudged a ward of the court, and to | ||||||
17 | determine what sentence should be
imposed on the minor. It is | ||||||
18 | the intent of the General Assembly that the term
"sentencing | ||||||
19 | hearing" replace the term "dispositional hearing" and be | ||||||
20 | synonymous
with that definition as it was used in the Juvenile | ||||||
21 | Court Act of 1987.
| ||||||
22 | (14) "Shelter" means the temporary care of a minor in | ||||||
23 | physically
unrestricting facilities pending court disposition | ||||||
24 | or execution of court order
for placement.
| ||||||
25 | (15) "Site" means a not-for-profit organization, public
| ||||||
26 | body, church, charitable organization, or individual agreeing |
| |||||||
| |||||||
1 | to
accept
community service from offenders and to report on the | ||||||
2 | progress of ordered or
required public or community service to | ||||||
3 | the court or to the authorized
diversion program that has | ||||||
4 | referred the offender for public or community
service.
| ||||||
5 | (16) "Station adjustment" means the informal or formal | ||||||
6 | handling of an
alleged
offender by a juvenile police officer.
| ||||||
7 | (17) "Trial" means a hearing to determine whether the | ||||||
8 | allegations of a
petition under Section 5-520 that a minor is | ||||||
9 | delinquent are proved beyond a
reasonable doubt. It is the | ||||||
10 | intent of the General Assembly that the term
"trial" replace | ||||||
11 | the term "adjudicatory hearing" and be synonymous with that
| ||||||
12 | definition as it was used in the Juvenile Court Act of 1987.
| ||||||
13 | The changes made to this Section by this amendatory Act of | ||||||
14 | the 98th General Assembly apply to violations or attempted | ||||||
15 | violations committed on or after the effective date of this | ||||||
16 | amendatory Act. | ||||||
17 | (Source: P.A. 95-1031, eff. 1-1-10 .)
| ||||||
18 | (705 ILCS 405/5-120)
| ||||||
19 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
20 | instituted under the provisions of this Article concerning
any | ||||||
21 | minor who prior to the minor's 17th birthday has violated or | ||||||
22 | attempted
to violate, regardless of where the act occurred, any | ||||||
23 | federal or State law or
municipal or county ordinance, and any | ||||||
24 | minor who prior to his or her 18th birthday has violated or | ||||||
25 | attempted to violate, regardless of where the act occurred, any |
| |||||||
| |||||||
1 | federal, State, county or municipal law or ordinance classified | ||||||
2 | as a misdemeanor offense. If before trial or plea, an | ||||||
3 | information or indictment is filed that includes one or more | ||||||
4 | charges under the criminal laws of this State and additional | ||||||
5 | charges that are classified as misdemeanors that are subject to | ||||||
6 | proceedings under this Act, all of the charges arising out of | ||||||
7 | the same incident shall be prosecuted under the criminal laws | ||||||
8 | of this State. If after trial or plea the court finds that the | ||||||
9 | minor committed an offense that is solely classified as a | ||||||
10 | misdemeanor, the court must proceed under Section 5-705 and | ||||||
11 | 5-710 of this Act . Except as provided in Sections 5-125, 5-130,
| ||||||
12 | 5-805, and 5-810 of this Article, no minor who was under 18 17 | ||||||
13 | years of age at the
time of the alleged offense may be | ||||||
14 | prosecuted under the criminal laws of this
State.
| ||||||
15 | The changes made to this Section by this amendatory Act of | ||||||
16 | the 98th General Assembly apply to violations or attempted | ||||||
17 | violations committed on or after the effective date of this | ||||||
18 | amendatory Act. | ||||||
19 | (Source: P.A. 95-1031, eff. 1-1-10 .)
| ||||||
20 | (705 ILCS 405/5-905)
| ||||||
21 | Sec. 5-905. Law enforcement records.
| ||||||
22 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
23 | enforcement records maintained by law enforcement
agencies | ||||||
24 | that relate to a minor who has been arrested or taken into | ||||||
25 | custody
before his or her 18th 17th birthday shall be |
| |||||||
| |||||||
1 | restricted to the following and when
necessary for the | ||||||
2 | discharge of their official duties:
| ||||||
3 | (a) A judge of the circuit court and members of the | ||||||
4 | staff of the court
designated by the judge;
| ||||||
5 | (b) Law enforcement officers, probation officers or | ||||||
6 | prosecutors or their
staff, or, when necessary for the | ||||||
7 | discharge of its official duties in connection with a | ||||||
8 | particular investigation of the conduct of a law | ||||||
9 | enforcement officer, an independent agency or its staff | ||||||
10 | created by ordinance and charged by a unit of local | ||||||
11 | government with the duty of investigating the conduct of | ||||||
12 | law enforcement officers;
| ||||||
13 | (c) The minor, the minor's parents or legal guardian | ||||||
14 | and their attorneys,
but only when the juvenile has been | ||||||
15 | charged with an offense;
| ||||||
16 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
17 | (e) Authorized military personnel;
| ||||||
18 | (f) Persons engaged in bona fide research, with the | ||||||
19 | permission of the
judge of juvenile court and the chief | ||||||
20 | executive of the agency that prepared the
particular | ||||||
21 | recording: provided that publication of such research | ||||||
22 | results in no
disclosure of a minor's identity and protects | ||||||
23 | the confidentiality of the
record;
| ||||||
24 | (g) Individuals responsible for supervising or | ||||||
25 | providing temporary or
permanent care and custody of minors | ||||||
26 | pursuant to orders of the juvenile court
or directives from |
| |||||||
| |||||||
1 | officials of the Department of Children and Family
Services | ||||||
2 | or the Department of Human Services who certify in writing | ||||||
3 | that the
information will not be disclosed to any other | ||||||
4 | party except as provided under
law or order of court;
| ||||||
5 | (h) The appropriate school official only if the agency | ||||||
6 | or officer believes that there is an imminent threat of | ||||||
7 | physical harm to students, school personnel, or others who | ||||||
8 | are present in the school or on school grounds. | ||||||
9 | (A) Inspection and copying
shall be limited to law | ||||||
10 | enforcement records transmitted to the appropriate
| ||||||
11 | school official or officials whom the school has | ||||||
12 | determined to have a legitimate educational or safety | ||||||
13 | interest by a local law enforcement agency under a | ||||||
14 | reciprocal reporting
system established and maintained | ||||||
15 | between the school district and the local law
| ||||||
16 | enforcement agency under Section 10-20.14 of the | ||||||
17 | School Code concerning a minor
enrolled in a school | ||||||
18 | within the school district who has been arrested
or | ||||||
19 | taken into custody for any of the following offenses: | ||||||
20 | (i) any violation of Article 24 of the Criminal | ||||||
21 | Code of
1961 or the Criminal Code of 2012; | ||||||
22 | (ii) a violation of the Illinois Controlled | ||||||
23 | Substances Act; | ||||||
24 | (iii) a violation of the Cannabis Control Act; | ||||||
25 | (iv) a forcible felony as defined in Section | ||||||
26 | 2-8 of the Criminal Code
of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012; | ||||||
2 | (v) a violation of the Methamphetamine Control | ||||||
3 | and Community Protection Act; | ||||||
4 | (vi) a violation of Section 1-2 of the | ||||||
5 | Harassing and Obscene Communications Act; | ||||||
6 | (vii) a violation of the Hazing Act; or | ||||||
7 | (viii) a violation of Section 12-1, 12-2, | ||||||
8 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
9 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
11 | The information derived from the law enforcement | ||||||
12 | records shall be kept separate from and shall not | ||||||
13 | become a part of the official school record of that | ||||||
14 | child and shall not be a public record. The information | ||||||
15 | shall be used solely by the appropriate school official | ||||||
16 | or officials whom the school has determined to have a | ||||||
17 | legitimate educational or safety interest to aid in the | ||||||
18 | proper rehabilitation of the child and to protect the | ||||||
19 | safety of students and employees in the school. If the | ||||||
20 | designated law enforcement and school officials deem | ||||||
21 | it to be in the best interest of the minor, the student | ||||||
22 | may be referred to in-school or community based social | ||||||
23 | services if those services are available. | ||||||
24 | "Rehabilitation services" may include interventions by | ||||||
25 | school support personnel, evaluation for eligibility | ||||||
26 | for special education, referrals to community-based |
| |||||||
| |||||||
1 | agencies such as youth services, behavioral healthcare | ||||||
2 | service providers, drug and alcohol prevention or | ||||||
3 | treatment programs, and other interventions as deemed | ||||||
4 | appropriate for the student. | ||||||
5 | (B) Any information provided to appropriate school | ||||||
6 | officials whom the school has determined to have a | ||||||
7 | legitimate educational or safety interest by local law | ||||||
8 | enforcement officials about a minor who is the subject | ||||||
9 | of a current police investigation that is directly | ||||||
10 | related to school safety shall consist of oral | ||||||
11 | information only, and not written law enforcement | ||||||
12 | records, and shall be used solely by the appropriate | ||||||
13 | school official or officials to protect the safety of | ||||||
14 | students and employees in the school and aid in the | ||||||
15 | proper rehabilitation of the child. The information | ||||||
16 | derived orally from the local law enforcement | ||||||
17 | officials shall be kept separate from and shall not | ||||||
18 | become a part of the official school record of the | ||||||
19 | child and shall not be a public record. This limitation | ||||||
20 | on the use of information about a minor who is the | ||||||
21 | subject of a current police investigation shall in no | ||||||
22 | way limit the use of this information by prosecutors in | ||||||
23 | pursuing criminal charges arising out of the | ||||||
24 | information disclosed during a police investigation of | ||||||
25 | the minor. For purposes of this paragraph, | ||||||
26 | "investigation" means an official systematic inquiry |
| |||||||
| |||||||
1 | by a law enforcement agency into actual or suspected | ||||||
2 | criminal activity;
| ||||||
3 | (i) The president of a park district. Inspection and | ||||||
4 | copying shall be limited to law enforcement records | ||||||
5 | transmitted to the president of the park district by the | ||||||
6 | Illinois State Police under Section 8-23 of the Park | ||||||
7 | District Code or Section 16a-5 of the Chicago Park District | ||||||
8 | Act concerning a person who is seeking employment with that | ||||||
9 | park district and who has been adjudicated a juvenile | ||||||
10 | delinquent for any of the offenses listed in subsection (c) | ||||||
11 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
12 | of Section 16a-5 of the Chicago Park District Act. | ||||||
13 | (2) Information identifying victims and alleged victims of | ||||||
14 | sex offenses,
shall not be disclosed or open to public | ||||||
15 | inspection under any circumstances.
Nothing in this Section | ||||||
16 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
17 | from voluntarily disclosing his or her identity.
| ||||||
18 | (2.5) If the minor is a victim of aggravated battery, | ||||||
19 | battery, attempted first degree murder, or other non-sexual | ||||||
20 | violent offense, the identity of the victim may be disclosed to | ||||||
21 | appropriate school officials, for the purpose of preventing | ||||||
22 | foreseeable future violence involving minors, by a local law | ||||||
23 | enforcement agency pursuant to an agreement established | ||||||
24 | between the school district and a local law enforcement agency | ||||||
25 | subject to the approval by the presiding judge of the juvenile | ||||||
26 | court. |
| |||||||
| |||||||
1 | (3) Relevant information, reports and records shall be made | ||||||
2 | available to the
Department of Juvenile Justice when a juvenile | ||||||
3 | offender has been placed in the
custody of the Department of | ||||||
4 | Juvenile Justice.
| ||||||
5 | (4) Nothing in this Section shall prohibit the inspection | ||||||
6 | or disclosure to
victims and witnesses of photographs contained | ||||||
7 | in the records of law
enforcement agencies when the inspection | ||||||
8 | or disclosure is conducted in the
presence of a law enforcement | ||||||
9 | officer for purposes of identification or
apprehension of any | ||||||
10 | person in the course of any criminal investigation or
| ||||||
11 | prosecution.
| ||||||
12 | (5) The records of law enforcement officers, or of an | ||||||
13 | independent agency created by ordinance and charged by a unit | ||||||
14 | of local government with the duty of investigating the conduct | ||||||
15 | of law enforcement officers, concerning all minors under
18 17 | ||||||
16 | years of age must be maintained separate from the records of | ||||||
17 | adults and
may not be open to public inspection or their | ||||||
18 | contents disclosed to the
public except by order of the court | ||||||
19 | or when the institution of criminal
proceedings has been | ||||||
20 | permitted under Section 5-130 or 5-805 or required
under | ||||||
21 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
22 | crime and is the
subject of
pre-sentence investigation or when | ||||||
23 | provided by law.
| ||||||
24 | (6) Except as otherwise provided in this subsection (6), | ||||||
25 | law enforcement
officers, and personnel of an independent | ||||||
26 | agency created by ordinance and charged by a unit of local |
| |||||||
| |||||||
1 | government with the duty of investigating the conduct of law | ||||||
2 | enforcement officers, may not disclose the identity of any | ||||||
3 | minor
in releasing information to the general public as to the | ||||||
4 | arrest, investigation
or disposition of any case involving a | ||||||
5 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
6 | petition the court to
disclose the name and address of the | ||||||
7 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
8 | a finding by clear and convincing evidence that the
disclosure | ||||||
9 | is either necessary for the victim to pursue a civil remedy | ||||||
10 | against
the minor or the minor's parents or legal guardian, or | ||||||
11 | both, or to protect the
victim's person or property from the | ||||||
12 | minor, then the court may order the
disclosure of the | ||||||
13 | information to the victim or to the parent or legal guardian
of | ||||||
14 | the victim only for the purpose of the victim pursuing a civil | ||||||
15 | remedy
against the minor or the minor's parents or legal | ||||||
16 | guardian, or both, or to
protect the victim's person or | ||||||
17 | property from the minor.
| ||||||
18 | (7) Nothing contained in this Section shall prohibit law | ||||||
19 | enforcement
agencies when acting in their official capacity | ||||||
20 | from communicating with each
other by letter, memorandum, | ||||||
21 | teletype or
intelligence alert bulletin or other means the | ||||||
22 | identity or other relevant
information pertaining to a person | ||||||
23 | under 18 17 years of age. The information
provided under this | ||||||
24 | subsection (7) shall remain confidential and shall not
be | ||||||
25 | publicly disclosed, except as otherwise allowed by law.
| ||||||
26 | (8) No person shall disclose information under this Section |
| |||||||
| |||||||
1 | except when
acting in his or her official capacity and as | ||||||
2 | provided by law or order of
court.
| ||||||
3 | The changes made to this Section by this amendatory Act of | ||||||
4 | the 98th General Assembly apply to law enforcement records of a | ||||||
5 | minor who has been arrested or taken into custody on or after | ||||||
6 | the effective date of this amendatory Act. | ||||||
7 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11; | ||||||
8 | 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; 97-1150, eff. | ||||||
9 | 1-25-13.)
| ||||||
10 | (705 ILCS 405/5-915)
| ||||||
11 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
12 | court records.
| ||||||
13 | (0.05) For purposes of this Section and Section 5-622: | ||||||
14 | "Expunge" means to physically destroy the records and | ||||||
15 | to obliterate the minor's name from any official index or | ||||||
16 | public record, or both. Nothing in this Act shall require | ||||||
17 | the physical destruction of the internal office records, | ||||||
18 | files, or databases maintained by a State's Attorney's | ||||||
19 | Office or other prosecutor. | ||||||
20 | "Law enforcement record" includes but is not limited to | ||||||
21 | records of arrest, station adjustments, fingerprints, | ||||||
22 | probation adjustments, the issuance of a notice to appear, | ||||||
23 | or any other records maintained by a law enforcement agency | ||||||
24 | relating to a minor suspected of committing an offense. | ||||||
25 | (1) Whenever any person has attained the age of 18 17 or |
| |||||||
| |||||||
1 | whenever all juvenile
court proceedings relating to that person | ||||||
2 | have been terminated, whichever is
later, the person may | ||||||
3 | petition the court to expunge law enforcement records
relating | ||||||
4 | to incidents occurring before his or her 18th 17th birthday or | ||||||
5 | his or her
juvenile court
records, or both, but only in the | ||||||
6 | following circumstances:
| ||||||
7 | (a) the minor was arrested and no petition for | ||||||
8 | delinquency was filed with
the clerk of the circuit court; | ||||||
9 | or
| ||||||
10 | (b) the minor was charged with an offense and was found | ||||||
11 | not delinquent of
that offense; or
| ||||||
12 | (c) the minor was placed under supervision pursuant to | ||||||
13 | Section 5-615, and
the order of
supervision has since been | ||||||
14 | successfully terminated; or
| ||||||
15 | (d)
the minor was adjudicated for an offense which | ||||||
16 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
17 | petty or business offense if committed by an adult.
| ||||||
18 | (2) Any person may petition the court to expunge all law | ||||||
19 | enforcement records
relating to any
incidents occurring before | ||||||
20 | his or her 18th 17th birthday which did not result in
| ||||||
21 | proceedings in criminal court and all juvenile court records | ||||||
22 | with respect to
any adjudications except those based upon first | ||||||
23 | degree
murder and
sex offenses which would be felonies if | ||||||
24 | committed by an adult, if the person
for whom expungement is | ||||||
25 | sought has had no
convictions for any crime since his or her | ||||||
26 | 18th 17th birthday and:
|
| |||||||
| |||||||
1 | (a) has attained the age of 21 years; or
| ||||||
2 | (b) 5 years have elapsed since all juvenile court | ||||||
3 | proceedings relating to
him or her have been terminated or | ||||||
4 | his or her commitment to the Department of
Juvenile Justice
| ||||||
5 | pursuant to this Act has been terminated;
| ||||||
6 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
7 | precludes a minor from obtaining expungement under Section | ||||||
8 | 5-622. | ||||||
9 | (2.5) If a minor is arrested and no petition for | ||||||
10 | delinquency is filed with the clerk of the circuit court as | ||||||
11 | provided in paragraph (a) of subsection (1) at the time the | ||||||
12 | minor is released from custody, the youth officer, if | ||||||
13 | applicable, or other designated person from the arresting | ||||||
14 | agency, shall notify verbally and in writing to the minor or | ||||||
15 | the minor's parents or guardians that if the State's Attorney | ||||||
16 | does not file a petition for delinquency, the minor has a right | ||||||
17 | to petition to have his or her arrest record expunged when the | ||||||
18 | minor attains the age of 18 17 or when all juvenile court | ||||||
19 | proceedings relating to that minor have been terminated and | ||||||
20 | that unless a petition to expunge is filed, the minor shall | ||||||
21 | have an arrest record and shall provide the minor and the | ||||||
22 | minor's parents or guardians with an expungement information | ||||||
23 | packet, including a petition to expunge juvenile records | ||||||
24 | obtained from the clerk of the circuit court. | ||||||
25 | (2.6) If a minor is charged with an offense and is found | ||||||
26 | not delinquent of that offense; or if a minor is placed under |
| |||||||
| |||||||
1 | supervision under Section 5-615, and the order of supervision | ||||||
2 | is successfully terminated; or if a minor is adjudicated for an | ||||||
3 | offense that would be a Class B misdemeanor, a Class C | ||||||
4 | misdemeanor, or a business or petty offense if committed by an | ||||||
5 | adult; or if a minor has incidents occurring before his or her | ||||||
6 | 18th 17th birthday that have not resulted in proceedings in | ||||||
7 | criminal court, or resulted in proceedings in juvenile court, | ||||||
8 | and the adjudications were not based upon first degree murder | ||||||
9 | or sex offenses that would be felonies if committed by an | ||||||
10 | adult; then at the time of sentencing or dismissal of the case, | ||||||
11 | the judge shall inform the delinquent minor of his or her right | ||||||
12 | to petition for expungement as provided by law, and the clerk | ||||||
13 | of the circuit court shall provide an expungement information | ||||||
14 | packet to the delinquent minor, written in plain language, | ||||||
15 | including a petition for expungement, a sample of a completed | ||||||
16 | petition, expungement instructions that shall include | ||||||
17 | information informing the minor that (i) once the case is | ||||||
18 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
19 | or she may apply to have petition fees waived, (iii) once he or | ||||||
20 | she obtains an expungement, he or she may not be required to | ||||||
21 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
22 | she may file the petition on his or her own or with the | ||||||
23 | assistance of an attorney. The failure of the judge to inform | ||||||
24 | the delinquent minor of his or her right to petition for | ||||||
25 | expungement as provided by law does not create a substantive | ||||||
26 | right, nor is that failure grounds for: (i) a reversal of an |
| |||||||
| |||||||
1 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
2 | appeal. | ||||||
3 | (2.7) For counties with a population over 3,000,000, the | ||||||
4 | clerk of the circuit court shall send a "Notification of a | ||||||
5 | Possible Right to Expungement" post card to the minor at the | ||||||
6 | address last received by the clerk of the circuit court on the | ||||||
7 | date that the minor attains the age of 18 17 based on the | ||||||
8 | birthdate provided to the court by the minor or his or her | ||||||
9 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
10 | subsection (1); and when the minor attains the age of 21 based | ||||||
11 | on the birthdate provided to the court by the minor or his or | ||||||
12 | her guardian in cases under subsection (2). | ||||||
13 | (2.8) The petition for expungement for subsection (1) shall | ||||||
14 | be substantially in the following form: | ||||||
15 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
16 | ........ JUDICIAL CIRCUIT
| ||||||
17 | IN THE INTEREST OF ) NO.
| ||||||
18 | )
| ||||||
19 | )
| ||||||
20 | ...................)
| ||||||
21 | (Name of Petitioner) | ||||||
22 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
23 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
24 | (Please prepare a separate petition for each offense) |
| |||||||
| |||||||
1 | Now comes ............., petitioner, and respectfully requests
| ||||||
2 | that this Honorable Court enter an order expunging all juvenile | ||||||
3 | law enforcement and court records of petitioner and in support | ||||||
4 | thereof states that:
Petitioner has attained the age of 18 17 , | ||||||
5 | his/her birth date being ......, or all
Juvenile Court | ||||||
6 | proceedings terminated as of ......, whichever occurred later.
| ||||||
7 | Petitioner was arrested on ..... by the ....... Police | ||||||
8 | Department for the offense of ......., and:
| ||||||
9 | (Check One:)
| ||||||
10 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
11 | Court. | ||||||
12 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
13 | the offense. | ||||||
14 | ( ) c. a petition was filed and the petition was dismissed | ||||||
15 | without a finding of delinquency on ..... | ||||||
16 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
17 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
18 | supervision successfully terminated on ........ | ||||||
19 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
20 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
21 | or business offense if committed by an adult.
| ||||||
22 | Petitioner .... has .... has not been arrested on charges in | ||||||
23 | this or any county other than the charges listed above. If | ||||||
24 | petitioner has been arrested on additional charges, please list | ||||||
25 | the charges below:
| ||||||
26 | Charge(s): ...... |
| |||||||
| |||||||
1 | Arresting Agency or Agencies: ........... | ||||||
2 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
3 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
4 | Court to (1) order all law enforcement agencies to expunge all | ||||||
5 | records of petitioner to this incident, and (2) to order the | ||||||
6 | Clerk of the Court to expunge all records concerning the | ||||||
7 | petitioner regarding this incident. | ||||||
8 | ......................
| ||||||
9 | Petitioner (Signature)
| ||||||
10 | ..........................
| ||||||
11 | Petitioner's Street Address | ||||||
12 | .....................
| ||||||
13 | City, State, Zip Code | ||||||
14 | ............................. | ||||||
15 | Petitioner's Telephone Number | ||||||
16 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
17 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
18 | statements in this petition are true and correct, or on | ||||||
19 | information and belief I believe the same to be true. | ||||||
20 | ...................... |
| |||||||
| |||||||
1 | Petitioner (Signature)
| ||||||
2 | The Petition for Expungement for subsection (2) shall be | ||||||
3 | substantially in the following form: | ||||||
4 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
5 | ........ JUDICIAL CIRCUIT | ||||||
6 | IN THE INTEREST OF ) NO.
| ||||||
7 | )
| ||||||
8 | )
| ||||||
9 | ...................)
| ||||||
10 | (Name of Petitioner) | ||||||
11 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
12 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
13 | (Please prepare a separate petition for each offense)
| ||||||
14 | Now comes ............, petitioner, and respectfully requests | ||||||
15 | that this Honorable Court enter an order expunging all Juvenile | ||||||
16 | Law Enforcement and Court records of petitioner and in support | ||||||
17 | thereof states that: | ||||||
18 | The incident for which the Petitioner seeks expungement | ||||||
19 | occurred before the Petitioner's 18th 17th birthday and did not | ||||||
20 | result in proceedings in criminal court and the Petitioner has | ||||||
21 | not had any convictions for any crime since his/her 18th 17th | ||||||
22 | birthday; and
| ||||||
23 | The incident for which the Petitioner seeks expungement |
| |||||||
| |||||||
1 | occurred before the Petitioner's 18th 17th birthday and the | ||||||
2 | adjudication was not based upon first-degree murder or sex | ||||||
3 | offenses which would be felonies if committed by an adult, and | ||||||
4 | the Petitioner has not had any convictions for any crime since | ||||||
5 | his/her 18th 17th birthday. | ||||||
6 | Petitioner was arrested on ...... by the ....... Police | ||||||
7 | Department for the offense of ........, and: | ||||||
8 | (Check whichever one occurred the latest:) | ||||||
9 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
10 | birthday being .......; or | ||||||
11 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
12 | proceedings relating to the Petitioner have been terminated; or | ||||||
13 | the Petitioner's commitment to the Department of Juvenile | ||||||
14 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
15 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
16 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
17 | on charges in this or any other county other than the charge | ||||||
18 | listed above. If petitioner has been arrested on additional | ||||||
19 | charges, please list the charges below: | ||||||
20 | Charge(s): .......... | ||||||
21 | Arresting Agency or Agencies: ....... | ||||||
22 | Disposition/Result: (choose from a or b, above): .......... | ||||||
23 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
24 | Court to (1) order all law enforcement agencies to expunge all | ||||||
25 | records of petitioner related to this incident, and (2) to | ||||||
26 | order the Clerk of the Court to expunge all records concerning |
| |||||||
| |||||||
1 | the petitioner regarding this incident. | ||||||
2 | .......................
| ||||||
3 | Petitioner (Signature) | ||||||
4 | ...................... | ||||||
5 | Petitioner's Street Address
| ||||||
6 | ..................... | ||||||
7 | City, State, Zip Code | ||||||
8 | ............................. | ||||||
9 | Petitioner's Telephone Number
| ||||||
10 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
11 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
12 | statements in this petition are true and correct, or on | ||||||
13 | information and belief I believe the same to be true. | ||||||
14 | ...................... | ||||||
15 | Petitioner (Signature)
| ||||||
16 | (3) The chief judge of the circuit in which an arrest was | ||||||
17 | made or a charge
was brought or any
judge of that circuit | ||||||
18 | designated by the chief judge
may, upon verified petition
of a | ||||||
19 | person who is the subject of an arrest or a juvenile court | ||||||
20 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
21 | the law enforcement
records or official court file, or both, to | ||||||
22 | be expunged from the official
records of the arresting |
| |||||||
| |||||||
1 | authority, the clerk of the circuit court and the
Department of | ||||||
2 | State Police. The person whose records are to be expunged shall | ||||||
3 | petition the court using the appropriate form containing his or | ||||||
4 | her current address and shall promptly notify the clerk of the | ||||||
5 | circuit court of any change of address. Notice
of the petition | ||||||
6 | shall be served upon the State's Attorney or prosecutor charged | ||||||
7 | with the duty of prosecuting the offense, the Department of | ||||||
8 | State Police, and the arresting agency or agencies by the clerk | ||||||
9 | of the circuit court. If an objection is filed within 45
days | ||||||
10 | of the notice of the petition, the clerk of the circuit court | ||||||
11 | shall set a date for hearing after the 45
day objection period. | ||||||
12 | At the hearing the court shall hear evidence on whether the | ||||||
13 | expungement should or should not be granted. Unless the State's | ||||||
14 | Attorney or prosecutor, the Department of State Police, or an | ||||||
15 | arresting agency objects to the expungement within 45
days of | ||||||
16 | the notice, the court may enter an order granting expungement. | ||||||
17 | The person whose records are to be expunged shall pay the clerk | ||||||
18 | of the circuit court a fee equivalent to the cost associated | ||||||
19 | with expungement of records by the clerk and the Department of | ||||||
20 | State Police. The clerk shall forward a certified copy of the | ||||||
21 | order to the Department of State Police, the appropriate | ||||||
22 | portion of the fee to the Department of State Police for | ||||||
23 | processing, and deliver a certified copy of the order to the | ||||||
24 | arresting agency.
| ||||||
25 | (3.1) The Notice of Expungement shall be in substantially | ||||||
26 | the following form: |
| |||||||
| |||||||
1 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
2 | .... JUDICIAL CIRCUIT
| ||||||
3 | IN THE INTEREST OF ) NO.
| ||||||
4 | )
| ||||||
5 | )
| ||||||
6 | ...................)
| ||||||
7 | (Name of Petitioner) | ||||||
8 | NOTICE
| ||||||
9 | TO: State's Attorney
| ||||||
10 | TO: Arresting Agency
| ||||||
11 |
| ||||||
12 | ................
| ||||||
13 | ................
| ||||||
14 |
| ||||||
15 | ................
| ||||||
16 | ................
| ||||||
17 | TO: Illinois State Police
| ||||||
18 |
| ||||||
19 | .....................
| ||||||
20 |
| ||||||
21 | .....................
| ||||||
22 | ATTENTION: Expungement
| ||||||
23 | You are hereby notified that on ....., at ....., in courtroom | ||||||
24 | ..., located at ..., before the Honorable ..., Judge, or any |
| |||||||
| |||||||
1 | judge sitting in his/her stead, I shall then and there present | ||||||
2 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
3 | matter, at which time and place you may appear. | ||||||
4 | ...................... | ||||||
5 | Petitioner's Signature | ||||||
6 | ...........................
| ||||||
7 | Petitioner's Street Address | ||||||
8 | .....................
| ||||||
9 | City, State, Zip Code | ||||||
10 | ............................. | ||||||
11 | Petitioner's Telephone Number | ||||||
12 | PROOF OF SERVICE
| ||||||
13 | On the ....... day of ......, 20..., I on oath state that I | ||||||
14 | served this notice and true and correct copies of the | ||||||
15 | above-checked documents by: | ||||||
16 | (Check One:) | ||||||
17 | delivering copies personally to each entity to whom they are | ||||||
18 | directed; | ||||||
19 | or | ||||||
20 | by mailing copies to each entity to whom they are directed by | ||||||
21 | depositing the same in the U.S. Mail, proper postage fully | ||||||
22 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
23 | Postal Depository located at ................. | ||||||
24 | .........................................
| ||||||
25 |
| ||||||
26 | Signature |
| |||||||
| |||||||
1 | Clerk of the Circuit Court or Deputy Clerk | ||||||
2 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
3 | Address: ........................................ | ||||||
4 | Telephone Number: ............................... | ||||||
5 | (3.2) The Order of Expungement shall be in substantially | ||||||
6 | the following form: | ||||||
7 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
8 | .... JUDICIAL CIRCUIT
| ||||||
9 | IN THE INTEREST OF ) NO.
| ||||||
10 | )
| ||||||
11 | )
| ||||||
12 | ...................)
| ||||||
13 | (Name of Petitioner)
| ||||||
14 | DOB ................ | ||||||
15 | Arresting Agency/Agencies ...... | ||||||
16 | ORDER OF EXPUNGEMENT
| ||||||
17 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
18 | This matter having been heard on the petitioner's motion and | ||||||
19 | the court being fully advised in the premises does find that | ||||||
20 | the petitioner is indigent or has presented reasonable cause to | ||||||
21 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
22 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
23 | are hereby waived in this matter. | ||||||
24 | ( ) 2. The Illinois State Police Bureau of Identification |
| |||||||
| |||||||
1 | and the following law enforcement agencies expunge all records | ||||||
2 | of petitioner relating to an arrest dated ...... for the | ||||||
3 | offense of ...... | ||||||
4 | Law Enforcement Agencies:
| ||||||
5 | .........................
| ||||||
6 | .........................
| ||||||
7 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
8 | Court expunge all records regarding the above-captioned case. | ||||||
9 | ENTER: ......................
| ||||||
10 |
| ||||||
11 | JUDGE | ||||||
12 | DATED: ....... | ||||||
13 | Name:
| ||||||
14 | Attorney for:
| ||||||
15 | Address:
City/State/Zip:
| ||||||
16 | Attorney Number: | ||||||
17 | (3.3) The Notice of Objection shall be in substantially the | ||||||
18 | following form: | ||||||
19 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
20 | ....................... JUDICIAL CIRCUIT
| ||||||
21 | IN THE INTEREST OF ) NO.
| ||||||
22 | )
| ||||||
23 | )
| ||||||
24 | ...................)
| ||||||
25 | (Name of Petitioner) |
| |||||||
| |||||||
1 | NOTICE OF OBJECTION
| ||||||
2 | TO:(Attorney, Public Defender, Minor)
| ||||||
3 | .................................
| ||||||
4 | .................................
| ||||||
5 | TO:(Illinois State Police)
| ||||||
6 | .................................
| ||||||
7 | ................................. | ||||||
8 | TO:(Clerk of the Court)
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9 | .................................
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10 | .................................
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11 | TO:(Judge)
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12 | .................................
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13 | .................................
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14 | TO:(Arresting Agency/Agencies)
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15 | .................................
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16 | ................................. | ||||||
17 | ATTENTION:
You are hereby notified that an objection has been | ||||||
18 | filed by the following entity regarding the above-named minor's | ||||||
19 | petition for expungement of juvenile records: | ||||||
20 | ( ) State's Attorney's Office;
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21 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
22 | with the duty of prosecuting the offense sought to be expunged;
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23 | ( ) Department of Illinois State Police; or
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24 | ( ) Arresting Agency or Agencies.
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25 | The agency checked above respectfully requests that this case |
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1 | be continued and set for hearing on whether the expungement | ||||||
2 | should or should not be granted.
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3 | DATED: ....... | ||||||
4 | Name: | ||||||
5 | Attorney For:
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6 | Address: | ||||||
7 | City/State/Zip:
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8 | Telephone:
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9 | Attorney No.:
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10 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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11 | This matter has been set for hearing on the foregoing | ||||||
12 | objection, on ...... in room ...., located at ....., before the | ||||||
13 | Honorable ....., Judge, or any judge sitting in his/her stead.
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14 | (Only one hearing shall be set, regardless of the number of | ||||||
15 | Notices of Objection received on the same case).
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16 | A copy of this completed Notice of Objection containing the | ||||||
17 | court date, time, and location, has been sent via regular U.S. | ||||||
18 | Mail to the following entities. (If more than one Notice of | ||||||
19 | Objection is received on the same case, each one must be | ||||||
20 | completed with the court date, time and location and mailed to | ||||||
21 | the following entities):
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22 | ( ) Attorney, Public Defender or Minor;
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23 | ( ) State's Attorney's Office; | ||||||
24 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
25 | with the duty of prosecuting the offense sought to be expunged; | ||||||
26 | ( ) Department of Illinois State Police; and |
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1 | ( ) Arresting agency or agencies.
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2 | Date: ...... | ||||||
3 | Initials of Clerk completing this section: .....
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4 | (4) Upon entry of an order expunging records or files, the | ||||||
5 | offense, which
the records or files concern shall be treated as | ||||||
6 | if it never occurred. Law
enforcement officers and other public | ||||||
7 | offices and agencies shall properly reply
on inquiry that no | ||||||
8 | record or file exists with respect to the
person.
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9 | (5) Records which have not been expunged are sealed, and | ||||||
10 | may be obtained
only under the provisions of Sections 5-901, | ||||||
11 | 5-905 and 5-915.
| ||||||
12 | (6) Nothing in this Section shall be construed to prohibit | ||||||
13 | the maintenance
of information relating to an offense after | ||||||
14 | records or files concerning the
offense have been expunged if | ||||||
15 | the information is kept in a manner that does not
enable | ||||||
16 | identification of the offender. This information may only be | ||||||
17 | used for
statistical and bona fide research purposes. | ||||||
18 | (7)(a) The State Appellate Defender shall establish, | ||||||
19 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
20 | expungement program
to provide information and assistance to | ||||||
21 | minors eligible to have their juvenile records expunged.
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22 | (b) The State Appellate Defender shall develop brochures, | ||||||
23 | pamphlets, and
other
materials in
printed form and through the | ||||||
24 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
25 | shall
include at a minimum the following information:
| ||||||
26 | (i) An explanation of the State's juvenile expungement |
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1 | process; | ||||||
2 | (ii) The circumstances under which juvenile | ||||||
3 | expungement may occur; | ||||||
4 | (iii) The juvenile offenses that may be expunged; | ||||||
5 | (iv) The steps necessary to initiate and complete the | ||||||
6 | juvenile expungement process;
and | ||||||
7 | (v) Directions on how to contact the State Appellate | ||||||
8 | Defender. | ||||||
9 | (c) The State Appellate Defender shall establish and | ||||||
10 | maintain a statewide
toll-free telephone
number that a person | ||||||
11 | may use to receive information or assistance concerning
the | ||||||
12 | expungement of juvenile records. The State Appellate
Defender | ||||||
13 | shall advertise
the toll-free telephone number statewide. The | ||||||
14 | State Appellate Defender shall
develop an expungement
| ||||||
15 | information packet that may be sent to eligible persons seeking | ||||||
16 | expungement of
their juvenile records,
which may include, but | ||||||
17 | is not limited to, a pre-printed expungement petition
with | ||||||
18 | instructions on how
to complete the petition and a pamphlet | ||||||
19 | containing information that would
assist individuals through
| ||||||
20 | the juvenile expungement process. | ||||||
21 | (d) The State Appellate Defender shall compile a statewide | ||||||
22 | list of volunteer
attorneys willing
to assist eligible | ||||||
23 | individuals through the juvenile expungement process. | ||||||
24 | (e) This Section shall be implemented from funds | ||||||
25 | appropriated by the General
Assembly to the State
Appellate | ||||||
26 | Defender
for this purpose. The State Appellate Defender shall |
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| |||||||
1 | employ the necessary staff
and adopt the
necessary rules for | ||||||
2 | implementation of this Section. | ||||||
3 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
4 | Department of Corrections, State's Attorneys, or other | ||||||
5 | prosecutors, an expunged juvenile record may not be considered | ||||||
6 | by any private or public entity in employment matters, | ||||||
7 | certification, licensing, revocation of certification or | ||||||
8 | licensure, or registration. Applications for employment must | ||||||
9 | contain specific language that states that the applicant is not | ||||||
10 | obligated to disclose expunged juvenile records of conviction | ||||||
11 | or arrest. Employers may not ask if an applicant has had a | ||||||
12 | juvenile record expunged. Effective January 1, 2005, the | ||||||
13 | Department of Labor shall develop a link on the Department's | ||||||
14 | website to inform employers that employers may not ask if an | ||||||
15 | applicant had a juvenile record expunged and that application | ||||||
16 | for employment must contain specific language that states that | ||||||
17 | the applicant is not obligated to disclose expunged juvenile | ||||||
18 | records of arrest or conviction. | ||||||
19 | (b) A person whose juvenile records have been expunged is | ||||||
20 | not entitled to remission of any fines, costs, or other money | ||||||
21 | paid as a consequence of expungement. This amendatory Act of | ||||||
22 | the 93rd General Assembly does not affect the right of the | ||||||
23 | victim of a crime to prosecute or defend a civil action for | ||||||
24 | damages.
| ||||||
25 | (c) The expungement of juvenile records under Section 5-622 | ||||||
26 | shall be funded by the additional fine imposed under Section |
| |||||||
| |||||||
1 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
2 | appropriations made by the General Assembly for such purpose. | ||||||
3 | The changes made to this Section by this amendatory Act of | ||||||
4 | the 98th General Assembly apply to law enforcement records of a | ||||||
5 | minor who has been arrested or taken into custody on or after | ||||||
6 | the effective date of this amendatory Act. | ||||||
7 | (Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
|