98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1923

 

Introduced 2/15/2013, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-8  from Ch. 37, par. 801-8

    Amends the Juvenile Court Act of 1987. Provides that subject to certain limitations specified in the Act, the court presiding over the juvenile court proceeding brought under the Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons. Provides that in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Effective immediately.


LRB098 09291 RLC 40882 b

 

 

A BILL FOR

 

SB1923LRB098 09291 RLC 40882 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 1-8 as follows:
 
6    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
7    Sec. 1-8. Confidentiality and accessibility of juvenile
8court records.
9    (A) Inspection and copying of juvenile court records
10relating to a minor who is the subject of a proceeding under
11this Act shall be restricted to the following:
12        (1) The minor who is the subject of record, his
13    parents, guardian and counsel.
14        (2) Law enforcement officers and law enforcement
15    agencies when such information is essential to executing an
16    arrest or search warrant or other compulsory process, or to
17    conducting an ongoing investigation or relating to a minor
18    who has been adjudicated delinquent and there has been a
19    previous finding that the act which constitutes the
20    previous offense was committed in furtherance of criminal
21    activities by a criminal street gang.
22        Before July 1, 1994, for the purposes of this Section,
23    "criminal street gang" means any ongoing organization,

 

 

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1    association, or group of 3 or more persons, whether formal
2    or informal, having as one of its primary activities the
3    commission of one or more criminal acts and that has a
4    common name or common identifying sign, symbol or specific
5    color apparel displayed, and whose members individually or
6    collectively engage in or have engaged in a pattern of
7    criminal activity.
8        Beginning July 1, 1994, for purposes of this Section,
9    "criminal street gang" has the meaning ascribed to it in
10    Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (3) Judges, hearing officers, prosecutors, probation
13    officers, social workers or other individuals assigned by
14    the court to conduct a pre-adjudication or predisposition
15    investigation, and individuals responsible for supervising
16    or providing temporary or permanent care and custody for
17    minors pursuant to the order of the juvenile court when
18    essential to performing their responsibilities.
19        (4) Judges, prosecutors and probation officers:
20            (a) in the course of a trial when institution of
21        criminal proceedings has been permitted or required
22        under Section 5-805; or
23            (b) when criminal proceedings have been permitted
24        or required under Section 5-805 and a minor is the
25        subject of a proceeding to determine the amount of
26        bail; or

 

 

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1            (c) when criminal proceedings have been permitted
2        or required under Section 5-805 and a minor is the
3        subject of a pre-trial investigation, pre-sentence
4        investigation or fitness hearing, or proceedings on an
5        application for probation; or
6            (d) when a minor becomes 17 years of age or older,
7        and is the subject of criminal proceedings, including a
8        hearing to determine the amount of bail, a pre-trial
9        investigation, a pre-sentence investigation, a fitness
10        hearing, or proceedings on an application for
11        probation.
12        (5) Adult and Juvenile Prisoner Review Boards.
13        (6) Authorized military personnel.
14        (7) Victims, their subrogees and legal
15    representatives; however, such persons shall have access
16    only to the name and address of the minor and information
17    pertaining to the disposition or alternative adjustment
18    plan of the juvenile court.
19        (8) Persons engaged in bona fide research, with the
20    permission of the presiding judge of the juvenile court and
21    the chief executive of the agency that prepared the
22    particular records; provided that publication of such
23    research results in no disclosure of a minor's identity and
24    protects the confidentiality of the record.
25        (9) The Secretary of State to whom the Clerk of the
26    Court shall report the disposition of all cases, as

 

 

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1    required in Section 6-204 of the Illinois Vehicle Code.
2    However, information reported relative to these offenses
3    shall be privileged and available only to the Secretary of
4    State, courts, and police officers.
5        (10) The administrator of a bonafide substance abuse
6    student assistance program with the permission of the
7    presiding judge of the juvenile court.
8        (11) Mental health professionals on behalf of the
9    Illinois Department of Corrections or the Department of
10    Human Services or prosecutors who are evaluating,
11    prosecuting, or investigating a potential or actual
12    petition brought under the Sexually Violent Persons
13    Commitment Act relating to a person who is the subject of
14    juvenile court records or the respondent to a petition
15    brought under the Sexually Violent Persons Commitment Act,
16    who is the subject of juvenile court records sought. Any
17    records and any information obtained from those records
18    under this paragraph (11) may be used only in sexually
19    violent persons commitment proceedings.
20    (A-1) Findings and exclusions of paternity entered in
21proceedings occurring under Article II of this Act shall be
22disclosed, in a manner and form approved by the Presiding Judge
23of the Juvenile Court, to the Department of Healthcare and
24Family Services when necessary to discharge the duties of the
25Department of Healthcare and Family Services under Article X of
26the Illinois Public Aid Code.

 

 

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1    (B) A minor who is the victim in a juvenile proceeding
2shall be provided the same confidentiality regarding
3disclosure of identity as the minor who is the subject of
4record.
5    (C) Except as otherwise provided in this subsection (C),
6juvenile court records shall not be made available to the
7general public. Subject to the limitations in paragraphs (0.1)
8through (0.4) of this subsection (C), the court presiding over
9the juvenile court proceeding brought under this Act, in its
10discretion, may order that juvenile court records may be made
11available in individual cases to representatives of agencies,
12associations, news media, and other properly interested
13persons. For purposes of obtaining documents under this
14subsection (C), a civil subpoena is not an order of the court.
15but may be inspected by representatives of agencies,
16associations and news media or other properly interested
17persons by general or special order of the court presiding over
18matters pursuant to this Act.
19        (0.1) In cases where the records concern a pending
20    juvenile court case, the party seeking to inspect the
21    juvenile court records shall provide actual notice to the
22    attorney or guardian ad litem of the minor whose records
23    are sought.
24        (0.2) In cases where the records concern a juvenile
25    court case that is no longer pending, the party seeking to
26    inspect the juvenile court records shall provide actual

 

 

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1    notice to the minor or the minor's parent or legal
2    guardian, and the matter shall be referred to the chief
3    judge presiding over matters pursuant to this Act.
4        (0.3) In determining whether the records should be
5    available for inspection and in determining whether
6    inspection should be limited to certain parts of the file,
7    the court shall consider the minor's interest in
8    confidentiality and rehabilitation over the moving party's
9    interest in obtaining the information. The State's
10    Attorney, the minor, and the minor's parents, guardian, and
11    counsel shall at all times have the right to examine court
12    files and records. For purposes of obtaining documents
13    pursuant to this Section, a civil subpoena is not an order
14    of the court.
15        (0.4) 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 operate as a
19    forfeiture of any public benefit, right, privilege, or
20    right to receive any license granted by public authority.
21        (1) The court shall allow the general public to have
22    access to the name, address, and offense of a minor who is
23    adjudicated a delinquent minor under this Act under either
24    of the following circumstances:
25            (A) The adjudication of delinquency was based upon
26        the minor's commission of first degree murder, attempt

 

 

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1        to commit first degree murder, aggravated criminal
2        sexual assault, or criminal sexual assault; or
3            (B) The court has made a finding that the minor was
4        at least 13 years of age at the time the act was
5        committed and the adjudication of delinquency was
6        based upon the minor's commission of: (i) an act in
7        furtherance of the commission of a felony as a member
8        of or on behalf of a criminal street gang, (ii) an act
9        involving the use of a firearm in the commission of a
10        felony, (iii) an act that would be a Class X felony
11        offense under or the minor's second or subsequent Class
12        2 or greater felony offense under the Cannabis Control
13        Act if committed by an adult, (iv) an act that would be
14        a second or subsequent offense under Section 402 of the
15        Illinois Controlled Substances Act if committed by an
16        adult, (v) an act that would be an offense under
17        Section 401 of the Illinois Controlled Substances Act
18        if committed by an adult, (vi) an act that would be a
19        second or subsequent offense under Section 60 of the
20        Methamphetamine Control and Community Protection Act,
21        or (vii) an act that would be an offense under another
22        Section of the Methamphetamine Control and Community
23        Protection Act.
24        (2) The court shall allow the general public to have
25    access to the name, address, and offense of a minor who is
26    at least 13 years of age at the time the offense is

 

 

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1    committed and who is convicted, in criminal proceedings
2    permitted or required under Section 5-4, under either of
3    the following circumstances:
4            (A) The minor has been convicted of first degree
5        murder, attempt to commit first degree murder,
6        aggravated criminal sexual assault, or criminal sexual
7        assault,
8            (B) The court has made a finding that the minor was
9        at least 13 years of age at the time the offense was
10        committed and the conviction was based upon the minor's
11        commission of: (i) an offense in furtherance of the
12        commission of a felony as a member of or on behalf of a
13        criminal street gang, (ii) an offense involving the use
14        of a firearm in the commission of a felony, (iii) a
15        Class X felony offense under or a second or subsequent
16        Class 2 or greater felony offense under the Cannabis
17        Control Act, (iv) a second or subsequent offense under
18        Section 402 of the Illinois Controlled Substances Act,
19        (v) an offense under Section 401 of the Illinois
20        Controlled Substances Act, (vi) an act that would be a
21        second or subsequent offense under Section 60 of the
22        Methamphetamine Control and Community Protection Act,
23        or (vii) an act that would be an offense under another
24        Section of the Methamphetamine Control and Community
25        Protection Act.
26    (D) Pending or following any adjudication of delinquency

 

 

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1for any offense defined in Sections 11-1.20 through 11-1.60 or
212-13 through 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the victim of any such offense shall
4receive the rights set out in Sections 4 and 6 of the Bill of
5Rights for Victims and Witnesses of Violent Crime Act; and the
6juvenile who is the subject of the adjudication,
7notwithstanding any other provision of this Act, shall be
8treated as an adult for the purpose of affording such rights to
9the victim.
10    (E) Nothing in this Section shall affect the right of a
11Civil Service Commission or appointing authority of any state,
12county or municipality examining the character and fitness of
13an applicant for employment with a law enforcement agency,
14correctional institution, or fire department to ascertain
15whether that applicant was ever adjudicated to be a delinquent
16minor and, if so, to examine the records of disposition or
17evidence which were made in proceedings under this Act.
18    (F) Following any adjudication of delinquency for a crime
19which would be a felony if committed by an adult, or following
20any adjudication of delinquency for a violation of Section
2124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
22Criminal Code of 2012, the State's Attorney shall ascertain
23whether the minor respondent is enrolled in school and, if so,
24shall provide a copy of the dispositional order to the
25principal or chief administrative officer of the school. Access
26to such juvenile records shall be limited to the principal or

 

 

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1chief administrative officer of the school and any guidance
2counselor designated by him.
3    (G) Nothing contained in this Act prevents the sharing or
4disclosure of information or records relating or pertaining to
5juveniles subject to the provisions of the Serious Habitual
6Offender Comprehensive Action Program when that information is
7used to assist in the early identification and treatment of
8habitual juvenile offenders.
9    (H) When a Court hearing a proceeding under Article II of
10this Act becomes aware that an earlier proceeding under Article
11II had been heard in a different county, that Court shall
12request, and the Court in which the earlier proceedings were
13initiated shall transmit, an authenticated copy of the Court
14record, including all documents, petitions, and orders filed
15therein and the minute orders, transcript of proceedings, and
16docket entries of the Court.
17    (I) The Clerk of the Circuit Court shall report to the
18Department of State Police, in the form and manner required by
19the Department of State Police, the final disposition of each
20minor who has been arrested or taken into custody before his or
21her 17th birthday for those offenses required to be reported
22under Section 5 of the Criminal Identification Act. Information
23reported to the Department under this Section may be maintained
24with records that the Department files under Section 2.1 of the
25Criminal Identification Act.
26(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;

 

 

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197-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.