Rep. Barbara Flynn Currie
Filed: 3/14/2013
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1 | AMENDMENT TO HOUSE BILL 2404
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2 | AMENDMENT NO. ______. Amend House Bill 2404 on page 1, by | ||||||
3 | replacing lines 4 through 6 with the following:
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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, 5-401.5, 5-410, | ||||||
6 | 5-901, 5-905, and 5-915 as follows:"; and | ||||||
7 | on page 26, by inserting immediately below line 19 the | ||||||
8 | following:
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9 | "(705 ILCS 405/5-401.5)
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10 | Sec. 5-401.5. When statements by minor may be used.
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11 | (a) In this Section, "custodial interrogation" means any | ||||||
12 | interrogation
(i) during which a reasonable person in the | ||||||
13 | subject's position
would consider himself or herself to be in | ||||||
14 | custody and (ii) during which
a
question is asked that is | ||||||
15 | reasonably likely to elicit an incriminating
response.
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1 | In this Section, "electronic recording" includes motion | ||||||
2 | picture,
audiotape, videotape, or digital recording.
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3 | In this Section, "place of detention" means a building
or a | ||||||
4 | police station that is a place of operation for a municipal | ||||||
5 | police
department or county sheriff department or other law | ||||||
6 | enforcement agency
at which persons are or may be held in | ||||||
7 | detention in
connection with criminal charges against those | ||||||
8 | persons or allegations that
those
persons are delinquent | ||||||
9 | minors.
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10 | (b) An oral, written, or sign language statement of a minor | ||||||
11 | who, at the time
of the
commission of the offense was under the | ||||||
12 | age of 18 17
years, made as a
result of a custodial | ||||||
13 | interrogation conducted at a police station or other
place of | ||||||
14 | detention on or after
the effective date of
this amendatory Act | ||||||
15 | of the 93rd General Assembly shall be presumed to be
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16 | inadmissible as evidence against the
minor in
any criminal | ||||||
17 | proceeding or juvenile court proceeding,
for an act that if | ||||||
18 | committed by an adult would be
brought under Section 9-1, | ||||||
19 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3,
of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012,
or under clause (d)(1)(F) | ||||||
21 | of Section 11-501 of the Illinois Vehicle Code
unless:
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22 | (1) an electronic recording
is made of the custodial | ||||||
23 | interrogation; and
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24 | (2) the recording is substantially accurate and not | ||||||
25 | intentionally altered.
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26 | (c) Every electronic recording required under this Section
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1 | must be preserved
until such time as the
minor's adjudication
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2 | for any
offense relating to the statement is final and all | ||||||
3 | direct and habeas corpus
appeals are
exhausted,
or the | ||||||
4 | prosecution of such offenses is barred by law.
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5 | (d) If the court finds, by a preponderance of the evidence, | ||||||
6 | that the
minor
was
subjected to a custodial interrogation in | ||||||
7 | violation of this Section,
then any statements made
by the
| ||||||
8 | minor during or following that non-recorded custodial | ||||||
9 | interrogation, even
if
otherwise in compliance with this | ||||||
10 | Section, are presumed to be inadmissible in
any criminal
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11 | proceeding or juvenile court proceeding against the minor | ||||||
12 | except for the
purposes of impeachment.
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13 | (e) Nothing in this Section precludes the admission (i) of | ||||||
14 | a statement made
by the
minor in open court in any criminal | ||||||
15 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
16 | or
at a
preliminary hearing,
(ii) of a
statement made during a
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17 | custodial interrogation that was not recorded as required by
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18 | this
Section because electronic recording was not feasible, | ||||||
19 | (iii) of a
voluntary
statement,
whether or not the result of a | ||||||
20 | custodial interrogation, that has a bearing on
the
credibility | ||||||
21 | of the accused as a witness, (iv)
of a spontaneous statement
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22 | that is not made in response to a question,
(v) of a statement | ||||||
23 | made after questioning that is routinely
asked during the | ||||||
24 | processing of the arrest of the suspect, (vi) of a statement
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25 | made during a custodial interrogation by a suspect who | ||||||
26 | requests, prior to
making
the statement, to respond to the
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1 | interrogator's questions only if
an electronic recording is not | ||||||
2 | made of the statement, provided that an
electronic
recording is | ||||||
3 | made of the statement of agreeing to respond to
the | ||||||
4 | interrogator's question, only if a recording is not made of the | ||||||
5 | statement,
(vii)
of a statement made
during a custodial
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6 | interrogation that is conducted out-of-state,
(viii)
of a
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7 | statement given at a time when the interrogators are unaware | ||||||
8 | that a death
has in fact occurred, or (ix) of any
other | ||||||
9 | statement that may be admissible under law. The State shall | ||||||
10 | bear the
burden of proving, by a preponderance of the evidence, | ||||||
11 | that one of the
exceptions described in this subsection (e) is | ||||||
12 | applicable. Nothing in this
Section precludes the admission of | ||||||
13 | a statement, otherwise inadmissible under
this Section, that is | ||||||
14 | used only for impeachment and not as substantive
evidence.
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15 | (f) The presumption of inadmissibility of a statement made | ||||||
16 | by a suspect at
a custodial interrogation at a police station | ||||||
17 | or other place of detention may
be overcome by a preponderance | ||||||
18 | of the evidence
that
the statement was voluntarily given and is | ||||||
19 | reliable, based on the totality of
the
circumstances.
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20 | (g) Any electronic recording of any statement made by a | ||||||
21 | minor during a
custodial interrogation that is compiled by any | ||||||
22 | law enforcement agency as
required by this Section for the | ||||||
23 | purposes of fulfilling the requirements of
this
Section shall | ||||||
24 | be confidential and exempt from public inspection and copying, | ||||||
25 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
26 | and the information
shall not be transmitted to anyone except |
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1 | as needed to comply with this
Section.
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2 | (h) A statement, admission, confession, or incriminating | ||||||
3 | information made by or obtained from a minor related to the | ||||||
4 | instant offense, as part of any behavioral health screening, | ||||||
5 | assessment, evaluation, or treatment, whether or not | ||||||
6 | court-ordered, shall not be admissible as evidence against the | ||||||
7 | minor on the issue of guilt only in the instant juvenile court | ||||||
8 | proceeding. The provisions of this subsection (h) are in | ||||||
9 | addition to and do not override any existing statutory and | ||||||
10 | constitutional prohibition on the admission into evidence in | ||||||
11 | delinquency proceedings of information obtained during | ||||||
12 | screening, assessment, or treatment. | ||||||
13 | The changes made to this Section by this amendatory Act of | ||||||
14 | the 98th General Assembly apply to statements of a minor made | ||||||
15 | on or after the effective date of this amendatory Act. | ||||||
16 | (Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
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17 | (705 ILCS 405/5-410)
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18 | Sec. 5-410. Non-secure custody or detention.
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19 | (1) Any minor arrested or taken into custody pursuant to | ||||||
20 | this Act who
requires care away from his or her home but who | ||||||
21 | does not require physical
restriction shall be given temporary | ||||||
22 | care in a foster family home or other
shelter facility | ||||||
23 | designated by the court.
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24 | (2) (a) Any minor 10 years of age or older arrested
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25 | pursuant to this Act where there is probable cause to believe |
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1 | that the minor
is a delinquent minor and that
(i) secured | ||||||
2 | custody is a matter of immediate and urgent necessity for the
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3 | protection of the minor or of the person or property of | ||||||
4 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
5 | the court, or (iii) the minor was taken
into custody under a | ||||||
6 | warrant, may be kept or detained in an authorized
detention | ||||||
7 | facility. No minor under 12 years of age shall be detained in a
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8 | county jail or a municipal lockup for more than 6 hours.
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9 | (b) The written authorization of the probation officer or | ||||||
10 | detention officer
(or other public officer designated by the | ||||||
11 | court in a county having
3,000,000 or more inhabitants) | ||||||
12 | constitutes authority for the superintendent of
any juvenile | ||||||
13 | detention home to detain and keep a minor for up to 40 hours,
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14 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
15 | These
records shall be available to the same persons and | ||||||
16 | pursuant to the same
conditions as are law enforcement records | ||||||
17 | as provided in Section 5-905.
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18 | (b-4) The consultation required by subsection (b-5) shall | ||||||
19 | not be applicable
if the probation officer or detention officer | ||||||
20 | (or other public officer
designated
by the court in a
county | ||||||
21 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
22 | detention
screening instrument, which has been developed with | ||||||
23 | input by the State's
Attorney, to
determine whether a minor | ||||||
24 | should be detained, however, subsection (b-5) shall
still be | ||||||
25 | applicable where no such screening instrument is used or where | ||||||
26 | the
probation officer, detention officer (or other public |
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1 | officer designated by the
court in a county
having 3,000,000 or | ||||||
2 | more inhabitants) deviates from the screening instrument.
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3 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
4 | probation officer
or detention officer
(or other public officer | ||||||
5 | designated by
the court in a county having 3,000,000 or more | ||||||
6 | inhabitants) does not intend to
detain a minor for an offense | ||||||
7 | which constitutes one of the following offenses
he or she shall | ||||||
8 | consult with the State's Attorney's Office prior to the release
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9 | of the minor: first degree murder, second degree murder, | ||||||
10 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
11 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
12 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
13 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
14 | battery involving
permanent disability or disfigurement or | ||||||
15 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
16 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
17 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
18 | kidnapping,
home invasion, burglary, or residential burglary.
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19 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
20 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
21 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
22 | violence in which case the minor may be detained up
to 24 | ||||||
23 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
24 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and
Dependency Act.
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26 | (i) The
period of detention is deemed to have begun |
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1 | once the minor has been placed in a
locked room or cell or | ||||||
2 | handcuffed to a stationary object in a building housing
a | ||||||
3 | county jail or municipal lockup. Time spent transporting a | ||||||
4 | minor is not
considered to be time in detention or secure | ||||||
5 | custody.
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6 | (ii) Any minor so
confined shall be under periodic | ||||||
7 | supervision and shall not be permitted to come
into or | ||||||
8 | remain in contact with adults in custody in the building.
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9 | (iii) Upon
placement in secure custody in a jail or | ||||||
10 | lockup, the
minor shall be informed of the purpose of the | ||||||
11 | detention, the time it is
expected to last and the fact | ||||||
12 | that it cannot exceed the time specified under
this Act.
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13 | (iv) A log shall
be kept which shows the offense which | ||||||
14 | is the basis for the detention, the
reasons and | ||||||
15 | circumstances for the decision to detain and the length of | ||||||
16 | time the
minor was in detention.
| ||||||
17 | (v) Violation of the time limit on detention
in a | ||||||
18 | county jail or municipal lockup shall not, in and of | ||||||
19 | itself, render
inadmissible evidence obtained as a result | ||||||
20 | of the violation of this
time limit. Minors under 18 17 | ||||||
21 | years of age shall be kept separate from confined
adults | ||||||
22 | and may not at any time be kept in the same cell, room or | ||||||
23 | yard with
adults confined pursuant to criminal law. Persons | ||||||
24 | 18 17 years of age and older
who have a petition of | ||||||
25 | delinquency filed against them may be
confined in an
adult | ||||||
26 | detention facility.
In making a determination whether to |
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1 | confine a person 18 17 years of age or
older
who has a | ||||||
2 | petition of delinquency filed against the person, these | ||||||
3 | factors,
among other matters, shall be considered:
| ||||||
4 | (A) The age of the person;
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5 | (B) Any previous delinquent or criminal history of | ||||||
6 | the person;
| ||||||
7 | (C) Any previous abuse or neglect history of the | ||||||
8 | person; and
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9 | (D) Any mental health or educational history of the | ||||||
10 | person, or both.
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11 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
12 | county jail
in a
county with a population below 3,000,000 | ||||||
13 | inhabitants, then the minor's
confinement shall be implemented | ||||||
14 | in such a manner that there will be no contact
by sight, sound | ||||||
15 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
16 | years of age or older must be kept separate from confined | ||||||
17 | adults and may not
at any time
be kept in the same cell, room, | ||||||
18 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
19 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
20 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
21 | designated
holidays. To accept or hold minors during this time | ||||||
22 | period, county jails shall
comply with all monitoring standards | ||||||
23 | promulgated by the Department of
Corrections and training | ||||||
24 | standards approved by the Illinois Law Enforcement
Training | ||||||
25 | Standards Board.
| ||||||
26 | (ii) To accept or hold minors, 12 years of age or older, |
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1 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
2 | subsection (2) of this Section but not
exceeding 7 days | ||||||
3 | including Saturdays, Sundays and holidays pending an
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4 | adjudicatory hearing, county jails shall comply with all | ||||||
5 | temporary detention
standards promulgated by the Department of | ||||||
6 | Corrections and training standards
approved by the Illinois Law | ||||||
7 | Enforcement Training Standards Board.
| ||||||
8 | (iii) To accept or hold minors 12 years of age or older, | ||||||
9 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
10 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
11 | shall comply with all programmatic and training standards
for | ||||||
12 | juvenile detention homes promulgated by the Department of | ||||||
13 | Corrections.
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14 | (e) When a minor who is at least 15 years of age is | ||||||
15 | prosecuted under the
criminal laws of this State,
the court may | ||||||
16 | enter an order directing that the juvenile be confined
in the | ||||||
17 | county jail. However, any juvenile confined in the county jail | ||||||
18 | under
this provision shall be separated from adults who are | ||||||
19 | confined in the county
jail in such a manner that there will be | ||||||
20 | no contact by sight, sound or
otherwise between the juvenile | ||||||
21 | and adult prisoners.
| ||||||
22 | (f) For purposes of appearing in a physical lineup, the | ||||||
23 | minor may be taken
to a county jail or municipal lockup under | ||||||
24 | the direct and constant supervision
of a juvenile police | ||||||
25 | officer. During such time as is necessary to conduct a
lineup, | ||||||
26 | and while supervised by a juvenile police officer, the sight |
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1 | and sound
separation provisions shall not apply.
| ||||||
2 | (g) For purposes of processing a minor, the minor may be | ||||||
3 | taken to a County
Jail or municipal lockup under the direct and | ||||||
4 | constant supervision of a law
enforcement officer or | ||||||
5 | correctional officer. During such time as is necessary
to | ||||||
6 | process the minor, and while supervised by a law enforcement | ||||||
7 | officer or
correctional officer, the sight and sound separation | ||||||
8 | provisions shall not
apply.
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9 | (3) If the probation officer or State's Attorney (or such | ||||||
10 | other public
officer designated by the court in a county having | ||||||
11 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
12 | a delinquent minor as described
in subsection (3) of Section | ||||||
13 | 5-105, and should be retained in custody but does
not require
| ||||||
14 | physical restriction, the minor may be placed in non-secure | ||||||
15 | custody for up to
40 hours pending a detention hearing.
| ||||||
16 | (4) Any minor taken into temporary custody, not requiring | ||||||
17 | secure
detention, may, however, be detained in the home of his | ||||||
18 | or her parent or
guardian subject to such conditions as the | ||||||
19 | court may impose.
| ||||||
20 | The changes made to this Section by this amendatory Act of | ||||||
21 | the 98th General Assembly apply to a minor who has been | ||||||
22 | arrested or taken into custody on or after the effective date | ||||||
23 | of this amendatory Act. | ||||||
24 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
25 | (705 ILCS 405/5-901)
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1 | Sec. 5-901. Court file.
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2 | (1) The Court file with respect to proceedings under this
| ||||||
3 | Article shall consist of the petitions, pleadings, victim | ||||||
4 | impact statements,
process,
service of process, orders, writs | ||||||
5 | and docket entries reflecting hearings held
and judgments and | ||||||
6 | decrees entered by the court. The court file shall be
kept | ||||||
7 | separate from other records of the court.
| ||||||
8 | (a) The file, including information identifying the | ||||||
9 | victim or alleged
victim of any sex
offense, shall be | ||||||
10 | disclosed only to the following parties when necessary for
| ||||||
11 | discharge of their official duties:
| ||||||
12 | (i) A judge of the circuit court and members of the | ||||||
13 | staff of the court
designated by the judge;
| ||||||
14 | (ii) Parties to the proceedings and their | ||||||
15 | attorneys;
| ||||||
16 | (iii) Victims and their attorneys, except in cases | ||||||
17 | of multiple victims
of
sex offenses in which case the | ||||||
18 | information identifying the nonrequesting
victims | ||||||
19 | shall be redacted;
| ||||||
20 | (iv) Probation officers, law enforcement officers | ||||||
21 | or prosecutors or
their
staff;
| ||||||
22 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
23 | (b) The Court file redacted to remove any information | ||||||
24 | identifying the
victim or alleged victim of any sex offense | ||||||
25 | shall be disclosed only to the
following parties when | ||||||
26 | necessary for discharge of their official duties:
|
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| |||||||
1 | (i) Authorized military personnel;
| ||||||
2 | (ii) Persons engaged in bona fide research, with | ||||||
3 | the permission of the
judge of the juvenile court and | ||||||
4 | the chief executive of the agency that prepared
the
| ||||||
5 | particular recording: provided that publication of | ||||||
6 | such research results in no
disclosure of a minor's | ||||||
7 | identity and protects the confidentiality of the
| ||||||
8 | record;
| ||||||
9 | (iii) The Secretary of State to whom the Clerk of | ||||||
10 | the Court shall report
the disposition of all cases, as | ||||||
11 | required in Section 6-204 or Section 6-205.1
of the | ||||||
12 | Illinois
Vehicle Code. However, information reported | ||||||
13 | relative to these offenses shall
be privileged and | ||||||
14 | available only to the Secretary of State, courts, and | ||||||
15 | police
officers;
| ||||||
16 | (iv) The administrator of a bonafide substance | ||||||
17 | abuse student
assistance program with the permission | ||||||
18 | of the presiding judge of the
juvenile court;
| ||||||
19 | (v) Any individual, or any public or private agency | ||||||
20 | or institution,
having
custody of the juvenile under | ||||||
21 | court order or providing educational, medical or
| ||||||
22 | mental health services to the juvenile or a | ||||||
23 | court-approved advocate for the
juvenile or any | ||||||
24 | placement provider or potential placement provider as
| ||||||
25 | determined by the court.
| ||||||
26 | (3) A minor who is the victim or alleged victim in a |
| |||||||
| |||||||
1 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
2 | regarding disclosure of identity as the
minor who is the | ||||||
3 | subject of record.
Information identifying victims and alleged | ||||||
4 | victims of sex offenses,
shall not be disclosed or open to | ||||||
5 | public inspection under any circumstances.
Nothing in this | ||||||
6 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
7 | offense from voluntarily disclosing his or her identity.
| ||||||
8 | (4) Relevant information, reports and records shall be made | ||||||
9 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
10 | offender has been placed in the custody of the
Department of | ||||||
11 | Juvenile Justice.
| ||||||
12 | (5) Except as otherwise provided in this subsection (5), | ||||||
13 | juvenile court
records shall not be made available to the | ||||||
14 | general public
but may be inspected by representatives of | ||||||
15 | agencies, associations and news
media or other properly | ||||||
16 | interested persons by general or special order of
the court. | ||||||
17 | The State's Attorney, the minor, his or her parents, guardian | ||||||
18 | and
counsel
shall at all times have the right to examine court | ||||||
19 | files and records.
| ||||||
20 | (a) The
court shall allow the general public to have | ||||||
21 | access to the name, address, and
offense of a minor
who is | ||||||
22 | adjudicated a delinquent minor under this Act under either | ||||||
23 | of the
following circumstances:
| ||||||
24 | (i) The
adjudication of
delinquency was based upon | ||||||
25 | the
minor's
commission of first degree murder, attempt | ||||||
26 | to commit first degree
murder, aggravated criminal |
| |||||||
| |||||||
1 | sexual assault, or criminal sexual assault; or
| ||||||
2 | (ii) The court has made a finding that the minor | ||||||
3 | was at least 13 years
of
age
at the time the act was | ||||||
4 | committed and the adjudication of delinquency was | ||||||
5 | based
upon the minor's commission of: (A)
an act in | ||||||
6 | furtherance of the commission of a felony as a member | ||||||
7 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
8 | involving the use of a firearm in the commission of a
| ||||||
9 | felony, (C) an act that would be a Class X felony | ||||||
10 | offense
under or
the minor's second or subsequent
Class | ||||||
11 | 2 or greater felony offense under the Cannabis Control | ||||||
12 | Act if committed
by an adult,
(D) an act that would be | ||||||
13 | a second or subsequent offense under Section 402 of
the | ||||||
14 | Illinois Controlled Substances Act if committed by an | ||||||
15 | adult, (E) an act
that would be an offense under | ||||||
16 | Section 401 of the Illinois Controlled
Substances Act | ||||||
17 | if committed by an adult, or (F) an act that would be | ||||||
18 | an offense under the Methamphetamine Control and | ||||||
19 | Community Protection Act if committed by an adult.
| ||||||
20 | (b) The court
shall allow the general public to have | ||||||
21 | access to the name, address, and offense
of a minor who is | ||||||
22 | at least 13 years of age at
the time the offense
is | ||||||
23 | committed and who is convicted, in criminal proceedings
| ||||||
24 | permitted or required under Section 5-805, under either of
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25 | the following
circumstances:
| ||||||
26 | (i) The minor has been convicted of first degree |
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| |||||||
1 | murder, attempt
to commit first degree
murder, | ||||||
2 | aggravated criminal sexual
assault, or criminal sexual | ||||||
3 | assault,
| ||||||
4 | (ii) The court has made a finding that the minor | ||||||
5 | was at least 13 years
of age
at the time the offense | ||||||
6 | was committed and the conviction was based upon the
| ||||||
7 | minor's commission of: (A)
an offense in
furtherance of | ||||||
8 | the commission of a felony as a member of or on behalf | ||||||
9 | of a
criminal street gang, (B) an offense
involving the | ||||||
10 | use of a firearm in the commission of a felony, (C)
a | ||||||
11 | Class X felony offense under the Cannabis Control Act | ||||||
12 | or a second or
subsequent Class 2 or
greater felony | ||||||
13 | offense under the Cannabis Control Act, (D) a
second or | ||||||
14 | subsequent offense under Section 402 of the Illinois
| ||||||
15 | Controlled Substances Act, (E) an offense under | ||||||
16 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
17 | or (F) an offense under the Methamphetamine Control and | ||||||
18 | Community Protection Act.
| ||||||
19 | (6) Nothing in this Section shall be construed to limit the | ||||||
20 | use of a
adjudication of delinquency as
evidence in any | ||||||
21 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
22 | admissible under the rules of evidence, including but not | ||||||
23 | limited to, use as
impeachment evidence against any witness, | ||||||
24 | including the minor if he or she
testifies.
| ||||||
25 | (7) Nothing in this Section shall affect the right of a | ||||||
26 | Civil Service
Commission or appointing authority examining the |
| |||||||
| |||||||
1 | character and fitness of
an applicant for a position as a law | ||||||
2 | enforcement officer to ascertain
whether that applicant was | ||||||
3 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
4 | examine the records or evidence which were made in
proceedings | ||||||
5 | under this Act.
| ||||||
6 | (8) Following any adjudication of delinquency for a crime | ||||||
7 | which would be
a felony if committed by an adult, or following | ||||||
8 | any adjudication of delinquency
for a violation of Section | ||||||
9 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
11 | whether the minor respondent is enrolled in school and, if so, | ||||||
12 | shall provide
a copy of the sentencing order to the principal | ||||||
13 | or chief administrative
officer of the school. Access to such | ||||||
14 | juvenile records shall be limited
to the principal or chief | ||||||
15 | administrative officer of the school and any guidance
counselor | ||||||
16 | designated by him or her.
| ||||||
17 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
18 | disclosure of information or records relating or pertaining to | ||||||
19 | juveniles
subject to the provisions of the Serious Habitual | ||||||
20 | Offender Comprehensive
Action Program when that information is | ||||||
21 | used to assist in the early
identification and treatment of | ||||||
22 | habitual juvenile offenders.
| ||||||
23 | (11) The Clerk of the Circuit Court shall report to the | ||||||
24 | Department of
State
Police, in the form and manner required by | ||||||
25 | the Department of State Police, the
final disposition of each | ||||||
26 | minor who has been arrested or taken into custody
before his or |
| |||||||
| |||||||
1 | her 18th 17th birthday for those offenses required to be | ||||||
2 | reported
under Section 5 of the Criminal Identification Act. | ||||||
3 | Information reported to
the Department under this Section may | ||||||
4 | be maintained with records that the
Department files under | ||||||
5 | Section 2.1 of the Criminal Identification Act.
| ||||||
6 | (12) Information or records may be disclosed to the general | ||||||
7 | public when the
court is conducting hearings under Section | ||||||
8 | 5-805 or 5-810.
| ||||||
9 | The changes made to this Section by this amendatory Act of | ||||||
10 | the 98th General Assembly apply to juvenile court records of a | ||||||
11 | minor who has been arrested or taken into custody on or after | ||||||
12 | the effective date of this amendatory Act. | ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13.)".
|