Illinois General Assembly - Bill Status for HB3886
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 Bill Status of HB3886  102nd General Assembly


Short Description:  JUV CT-MEDIA ACCESS TO MINOR

House Sponsors
Rep. Lakesia Collins - Delia C. Ramirez, Kathleen Willis, Terra Costa Howard and Camille Y. Lilly

Senate Sponsors
(Sen. Sara Feigenholtz)

Last Action
DateChamber Action
  8/27/2021HousePublic Act . . . . . . . . . 102-0615

Statutes Amended In Order of Appearance
705 ILCS 405/2-10.3 new
705 ILCS 405/2-17from Ch. 37, par. 802-17


Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that any party may file a motion requesting the court to review the decision of a temporary custodian or guardian appointed under the Act to deny a minor under the age of 18 access to the media. Provides that the Department of Children and Family Services bears the burden of demonstrating by clear and convincing evidence that its decision to deny the minor access to the media is in the minor's best interest. Provides that, in making its determination, the court shall weigh specified factors. Provides that the Department of Children and Family Services shall provide notice to a minor's guardian ad litem and attorney appointed under this Act any time that the Department, in its capacity as the minor's temporary custodian or guardian, denies a request by the media to speak with the minor. The Department shall provide the notice within one business day of its decision. The notice must at a minimum include the following: the name of the child, the name of the media, the date of the inquiry from the media, and the rationale for the Department's decision.

House Floor Amendment No. 1
Deletes reference to:
705 ILCS 405/2-17
Adds reference to:
705 ILCS 405/2-10.3 new

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth choses to do so. Provides that any time the news media requests to speak with a minor under 18 years of age, the Department of Children and Family Services shall provide notice to the minor, the minor's attorney, and guardian ad litem within one business day of the request. Provides that if the minor is under 18 years of age and the Department has determined that the minor does not have sufficient maturity to make the decision to communicate with the news media and that contact with the news media will, more likely than not, cause serious physical, emotional or mental harm the notice shall also include the basis, with specificity, for the Department's determination. Provides that if a minor 18 years of age or older chooses to speak to the news media, the Department shall not take any action to interfere with the minor's contact with the news media. Provides that if a minor under 18 years of age wishes to speak to the news media, but the Department seeks to prevent the minor's contact with the news media, the Department shall file a motion for court review of its determination within one day of its determination and in no event more than 48 hours from the news media's request. Provides that the court may not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Defines "interfere" and "less restrictive means". Makes other changes.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services and its assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. Provides that any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. Provides that the notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Provides that within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional or mental harm. Provides that the Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. Provides that the Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. Provides that the court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. Provides that any party may file a motion seeking to enforce certain rights relating to access to news media. Defines terms. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/19/2021HouseFiled with the Clerk by Rep. Lakesia Collins
  2/22/2021HouseFirst Reading
  2/22/2021HouseReferred to Rules Committee
  3/16/2021HouseAssigned to Adoption & Child Welfare Committee
  3/22/2021HouseAdded Chief Co-Sponsor Rep. Delia C. Ramirez
  3/22/2021HouseAdded Co-Sponsor Rep. Kathleen Willis
  3/22/2021HouseAdded Co-Sponsor Rep. Terra Costa Howard
  3/22/2021HouseDo Pass / Short Debate Adoption & Child Welfare Committee; 008-000-000
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/12/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lakesia Collins
  4/12/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/14/2021HouseHouse Floor Amendment No. 1 Rules Refers to Adoption & Child Welfare Committee
  4/15/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Adoption & Child Welfare Committee; 007-000-000
  4/20/2021HouseSecond Reading - Short Debate
  4/20/2021HouseHouse Floor Amendment No. 1 Adopted
  4/20/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/21/2021HouseThird Reading - Short Debate - Passed 114-000-000
  4/21/2021HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/21/2021SenateArrive in Senate
  4/21/2021SenatePlaced on Calendar Order of First Reading April 22, 2021
  4/22/2021SenateChief Senate Sponsor Sen. Sara Feigenholtz
  4/22/2021SenateFirst Reading
  4/22/2021SenateReferred to Assignments
  5/10/2021SenateAssigned to Judiciary
  5/14/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz
  5/14/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/17/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/21/2021SenateRule 2-10 Committee Deadline Established As May 29, 2021
  5/25/2021SenateSenate Committee Amendment No. 1 Adopted
  5/25/2021SenateDo Pass as Amended Judiciary; 006-000-000
  5/25/2021SenatePlaced on Calendar Order of 2nd Reading May 26, 2021
  5/26/2021SenateSecond Reading
  5/26/2021SenatePlaced on Calendar Order of 3rd Reading May 27, 2021
  5/27/2021SenateThird Reading - Passed; 055-000-000
  5/27/2021HouseArrived in House
  5/27/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2021HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lakesia Collins
  5/28/2021HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2021HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Adoption & Child Welfare Committee
  5/30/2021HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Adoption & Child Welfare Committee; 005-000-000
  5/31/2021HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  6/29/2021HouseSent to the Governor
  8/27/2021HouseGovernor Approved
  8/27/2021HouseEffective Date August 27, 2021
  8/27/2021HousePublic Act . . . . . . . . . 102-0615

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