Full Text of HB4427 93rd General Assembly
HB4427 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4427
Introduced 02/03/04, by Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/1-7 |
from Ch. 37, par. 801-7 |
705 ILCS 405/1-8 |
from Ch. 37, par. 801-8 |
705 ILCS 405/5-901 |
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705 ILCS 405/5-905 |
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Amends the Juvenile Court Act of 1987. Provides that law enforcement
records and juvenile court records of a minor may be disclosed to a fire or
arson
investigator of the Office of the State Fire Marshal or of a local fire
department or fire
protection district or to a person classified as a peace officer under the
Peace Officer Fire
Investigation Act during the investigation or prosecution of an arson.
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A BILL FOR
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HB4427 |
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LRB093 15072 RLC 40657 b |
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| AN ACT in relation to minors.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing
Sections 1-7, 1-8, 5-901, and 5-905 as follows:
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| (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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| Sec. 1-7. Confidentiality of law enforcement records.
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| (A) Inspection and copying of law enforcement records | 9 |
| maintained by law
enforcement agencies that relate to a minor | 10 |
| who has been arrested or taken
into custody before his or her | 11 |
| 17th birthday shall be restricted to the
following:
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| (1) Any local, State or federal law enforcement | 13 |
| officers of any
jurisdiction or agency when necessary for | 14 |
| the discharge of their official
duties during the | 15 |
| investigation or prosecution of a crime or relating to a
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| minor who has been adjudicated delinquent and there has | 17 |
| been a previous finding
that the act which constitutes the | 18 |
| previous offense was committed in
furtherance of criminal | 19 |
| activities by a criminal street gang. For purposes of
this | 20 |
| Section, "criminal street gang" has the meaning ascribed to | 21 |
| it in
Section 10 of the Illinois Streetgang Terrorism | 22 |
| Omnibus Prevention Act.
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| (1.5) A fire or arson investigator of the Office of the | 24 |
| State Fire
Marshal or
of a
local fire department or fire | 25 |
| protection district or a person classified as a
peace | 26 |
| officer
under the Peace Officer Fire Investigation Act | 27 |
| during the investigation or
prosecution of
an arson.
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| (2) Prosecutors, probation officers, social workers, | 29 |
| or other
individuals assigned by the court to conduct a | 30 |
| pre-adjudication or
pre-disposition investigation, and | 31 |
| individuals responsible for supervising
or providing | 32 |
| temporary or permanent care and custody for minors pursuant |
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LRB093 15072 RLC 40657 b |
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| to
the order of the juvenile court, when essential to | 2 |
| performing their
responsibilities.
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| (3) Prosecutors and probation officers:
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| (a) in the course of a trial when institution of | 5 |
| criminal proceedings
has been permitted or required | 6 |
| under Section 5-805; or
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| (b) when institution of criminal proceedings has | 8 |
| been permitted or required under Section 5-805 and such | 9 |
| minor is the
subject
of a proceeding to determine the | 10 |
| amount of bail; or
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| (c) when criminal proceedings have been permitted
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| or
required under Section 5-805 and such minor is the | 13 |
| subject of a
pre-trial
investigation, pre-sentence | 14 |
| investigation, fitness hearing, or proceedings
on an | 15 |
| application for probation.
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| (4) Adult and Juvenile Prisoner Review Board.
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| (5) Authorized military personnel.
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| (6) Persons engaged in bona fide research, with the | 19 |
| permission of the
Presiding Judge of the Juvenile Court and | 20 |
| the chief executive of the respective
law enforcement | 21 |
| agency; provided that publication of such research results
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| in no disclosure of a minor's identity and protects the | 23 |
| confidentiality
of the minor's record.
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| (7) Department of Children and Family Services child | 25 |
| protection
investigators acting in their official | 26 |
| capacity.
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| (8) The appropriate school official. Inspection and | 28 |
| copying
shall be limited to law enforcement records | 29 |
| transmitted to the appropriate
school official by a local | 30 |
| law enforcement agency under a reciprocal reporting
system | 31 |
| established and maintained between the school district and | 32 |
| the local law
enforcement agency under Section 10-20.14 of | 33 |
| the School Code concerning a minor
enrolled in a school | 34 |
| within the school district who has been arrested or taken
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| into custody for any of the following offenses:
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| (i) unlawful use of weapons under Section 24-1 of |
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| the Criminal Code of
1961;
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| (ii) a violation of the Illinois Controlled | 3 |
| Substances Act;
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| (iii) a violation of the Cannabis Control Act; or
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| (iv) a forcible felony as defined in Section 2-8 of | 6 |
| the Criminal Code
of 1961.
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| (9) Mental health professionals on behalf of the | 8 |
| Illinois Department of
Corrections or the Department of | 9 |
| Human Services or prosecutors who are
evaluating, | 10 |
| prosecuting, or investigating a potential or actual | 11 |
| petition
brought
under the Sexually Violent Persons | 12 |
| Commitment Act relating to a person who is
the
subject of | 13 |
| juvenile law enforcement records or the respondent to a | 14 |
| petition
brought under the Sexually Violent Persons | 15 |
| Commitment Act who is the subject of
the
juvenile law | 16 |
| enforcement records sought.
Any records and any | 17 |
| information obtained from those records under this
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| paragraph (9) may be used only in sexually violent persons | 19 |
| commitment
proceedings.
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| (B) (1) Except as provided in paragraph (2), no law | 21 |
| enforcement
officer or other person or agency may knowingly | 22 |
| transmit to the Department of
Corrections, Adult Division | 23 |
| or the Department of State Police or to the Federal
Bureau | 24 |
| of Investigation any fingerprint or photograph relating to | 25 |
| a minor who
has been arrested or taken into custody before | 26 |
| his or her 17th birthday,
unless the court in proceedings | 27 |
| under this Act authorizes the transmission or
enters an | 28 |
| order under Section 5-805 permitting or requiring the
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| institution of
criminal proceedings.
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| (2) Law enforcement officers or other persons or | 31 |
| agencies shall transmit
to the Department of State Police | 32 |
| copies of fingerprints and descriptions
of all minors who | 33 |
| have been arrested or taken into custody before their
17th | 34 |
| birthday for the offense of unlawful use of weapons under | 35 |
| Article 24 of
the Criminal Code of 1961, a Class X or Class | 36 |
| 1 felony, a forcible felony as
defined in Section 2-8 of |
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| the Criminal Code of 1961, or a Class 2 or greater
felony | 2 |
| under the Cannabis Control Act, the Illinois Controlled | 3 |
| Substances Act,
or Chapter 4 of the Illinois Vehicle Code, | 4 |
| pursuant to Section 5 of the
Criminal Identification Act. | 5 |
| Information reported to the Department pursuant
to this | 6 |
| Section may be maintained with records that the Department | 7 |
| files
pursuant to Section 2.1 of the Criminal | 8 |
| Identification Act. Nothing in this
Act prohibits a law | 9 |
| enforcement agency from fingerprinting a minor taken into
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| custody or arrested before his or her 17th birthday for an | 11 |
| offense other than
those listed in this paragraph (2).
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| (C) The records of law enforcement officers concerning all | 13 |
| minors under
17 years of age must be maintained separate from | 14 |
| the records of arrests and
may not be open to public inspection | 15 |
| or their contents disclosed to the
public except by order of | 16 |
| the court or when the institution of criminal
proceedings has | 17 |
| been permitted or required under Section
5-805 or such a person | 18 |
| has been convicted of a crime and is the
subject of
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| pre-sentence investigation or proceedings on an application | 20 |
| for probation
or when provided by law.
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| (D) Nothing contained in subsection (C) of this Section | 22 |
| shall prohibit
the inspection or disclosure to victims and | 23 |
| witnesses of photographs
contained in the records of law | 24 |
| enforcement agencies when the
inspection and disclosure is | 25 |
| conducted in the presence of a law enforcement
officer for the | 26 |
| purpose of the identification or apprehension of any person
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| subject to the provisions of this Act or for the investigation | 28 |
| or
prosecution of any crime.
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| (E) Law enforcement officers may not disclose the identity | 30 |
| of any minor
in releasing information to the general public as | 31 |
| to the arrest, investigation
or disposition of any case | 32 |
| involving a minor.
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| (F) Nothing contained in this Section shall prohibit law | 34 |
| enforcement
agencies from communicating with each other by | 35 |
| letter, memorandum, teletype or
intelligence alert bulletin or | 36 |
| other means the identity or other relevant
information |
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| pertaining to a person under 17 years of age if there are
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| reasonable grounds to believe that the person poses a real and | 3 |
| present danger
to the safety of the public or law enforcement | 4 |
| officers. The information
provided under this subsection (F) | 5 |
| shall remain confidential and shall not
be publicly disclosed, | 6 |
| except as otherwise allowed by law.
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| (G) Nothing in this Section shall prohibit the right of a | 8 |
| Civil Service
Commission or appointing authority of any state, | 9 |
| county or municipality
examining the character and fitness of | 10 |
| an applicant for employment with a law
enforcement agency, | 11 |
| correctional institution, or fire department
from obtaining | 12 |
| and examining the
records of any law enforcement agency | 13 |
| relating to any record of the applicant
having been arrested or | 14 |
| taken into custody before the applicant's 17th
birthday.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff.
1-1-00; | 16 |
| 92-415, eff. 8-17-01.)
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| (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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| Sec. 1-8. Confidentiality and accessibility of juvenile | 19 |
| court records.
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| (A) Inspection and copying of juvenile court records | 21 |
| relating to a minor
who is the subject of a proceeding under | 22 |
| this Act shall be restricted to the
following:
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| (1) The minor who is the subject of record, his | 24 |
| parents, guardian
and counsel.
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| (2) Law enforcement officers and law enforcement | 26 |
| agencies when such
information is essential to executing an | 27 |
| arrest or search warrant or other
compulsory process, or to | 28 |
| conducting an ongoing investigation
or relating to a minor | 29 |
| who
has been adjudicated delinquent and there has been a | 30 |
| previous finding that
the act which constitutes the | 31 |
| previous offense was committed in furtherance
of criminal | 32 |
| activities by a criminal street gang.
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| Before July 1, 1994, for the purposes of this Section, | 34 |
| "criminal street
gang" means any ongoing
organization, | 35 |
| association, or group of 3 or more persons, whether formal |
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| or
informal, having as one of its primary activities the | 2 |
| commission of one or
more criminal acts and that has a | 3 |
| common name or common identifying sign,
symbol or specific | 4 |
| color apparel displayed, and whose members individually
or | 5 |
| collectively engage in or have engaged in a pattern of | 6 |
| criminal activity.
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| Beginning July 1, 1994, for purposes of this Section, | 8 |
| "criminal street
gang" has the meaning ascribed to it in | 9 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 10 |
| Prevention Act.
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| (2.5) A fire or arson investigator of the Office of the | 12 |
| State Fire
Marshal
or
of a
local fire department or fire | 13 |
| protection district or a person classified as a
peace | 14 |
| officer
under the Peace Officer Fire Investigation Act | 15 |
| during the investigation or
prosecution of
an arson.
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| (3) Judges, hearing officers, prosecutors, probation | 17 |
| officers, social
workers or other
individuals assigned by | 18 |
| the court to conduct a pre-adjudication or
predisposition | 19 |
| investigation, and individuals responsible for supervising
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| or providing temporary or permanent care and custody for | 21 |
| minors pursuant
to the order of the juvenile court when | 22 |
| essential to performing their
responsibilities.
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| (4) Judges, prosecutors and probation officers:
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| (a) in the course of a trial when institution of | 25 |
| criminal proceedings
has been permitted or required | 26 |
| under Section 5-805; or
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| (b) when criminal proceedings have been permitted
| 28 |
| or
required under Section 5-805 and a minor is the | 29 |
| subject of a
proceeding to
determine the amount of | 30 |
| bail; or
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| (c) when criminal proceedings have been permitted
| 32 |
| or
required under Section 5-805 and a minor is the | 33 |
| subject of a
pre-trial
investigation, pre-sentence | 34 |
| investigation or fitness hearing, or
proceedings on an | 35 |
| application for probation; or
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| (d) when a minor becomes 17 years of age or older, |
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| and is the subject
of criminal proceedings, including a | 2 |
| hearing to determine the amount of
bail, a pre-trial | 3 |
| investigation, a pre-sentence investigation, a fitness
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| hearing, or proceedings on an application for | 5 |
| probation.
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| (5) Adult and Juvenile Prisoner Review Boards.
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| (6) Authorized military personnel.
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| (7) Victims, their subrogees and legal | 9 |
| representatives; however, such
persons shall have access | 10 |
| only to the name and address of the minor and
information | 11 |
| pertaining to the disposition or alternative adjustment | 12 |
| plan
of the juvenile court.
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| (8) Persons engaged in bona fide research, with the | 14 |
| permission of the
presiding judge of the juvenile court and | 15 |
| the chief executive of the agency
that prepared the | 16 |
| particular records; provided that publication of such
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| research results in no disclosure of a minor's identity and | 18 |
| protects the
confidentiality of the record.
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| (9) The Secretary of State to whom the Clerk of the | 20 |
| Court shall report
the disposition of all cases, as | 21 |
| required in Section 6-204 of the Illinois
Vehicle Code. | 22 |
| However, information reported relative to these offenses | 23 |
| shall
be privileged and available only to the Secretary of | 24 |
| State, courts, and police
officers.
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| (10) The administrator of a bonafide substance abuse | 26 |
| student
assistance program with the permission of the | 27 |
| presiding judge of the
juvenile court.
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| (11) Mental health professionals on behalf of the | 29 |
| Illinois Department of
Corrections or the Department of | 30 |
| Human Services or prosecutors who are
evaluating, | 31 |
| prosecuting, or investigating a potential or actual | 32 |
| petition
brought
under the Sexually Persons Commitment Act | 33 |
| relating to a person who is the
subject of
juvenile court | 34 |
| records or the respondent to a petition brought under
the
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| Sexually Violent Persons Commitment Act, who is the subject | 36 |
| of juvenile
court records
sought. Any records and any |
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| information obtained from those records under this
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| paragraph (11) may be used only in sexually violent persons | 3 |
| commitment
proceedings.
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| (B) A minor who is the victim in a juvenile proceeding | 5 |
| shall be
provided the same confidentiality regarding | 6 |
| disclosure of identity as the
minor who is the subject of | 7 |
| record.
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| (C) Except as otherwise provided in this subsection (C), | 9 |
| juvenile court
records shall not be made available to the | 10 |
| general public
but may be inspected by representatives of | 11 |
| agencies, associations and news
media or other properly | 12 |
| interested persons by general or special order of
the court. | 13 |
| The State's Attorney, the minor, his parents, guardian and | 14 |
| counsel
shall at all times have the right to examine court | 15 |
| files and records.
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| (1) The
court shall allow the general public to have | 17 |
| access to the name, address, and offense of a minor
who is | 18 |
| adjudicated a delinquent minor under this Act under either | 19 |
| of the
following circumstances:
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| (A) The
adjudication of
delinquency was based upon | 21 |
| the
minor's
commission of first degree murder, attempt | 22 |
| to commit first degree
murder, aggravated criminal | 23 |
| sexual assault, or criminal sexual assault; or
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| (B) The court has made a finding that the minor was | 25 |
| at least 13 years of
age
at the time the act was | 26 |
| committed and the adjudication of delinquency was | 27 |
| based
upon the minor's commission of: (i)
an act in | 28 |
| furtherance of the commission of a felony as a member | 29 |
| of or on
behalf of a criminal street
gang, (ii) an act | 30 |
| involving the use of a firearm in the commission of a
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| felony, (iii) an act that would be a Class X felony | 32 |
| offense
under or
the minor's second or subsequent
Class | 33 |
| 2 or greater felony offense under the Cannabis Control | 34 |
| Act if committed by an adult,
(iv) an act that would be | 35 |
| a second or subsequent offense under Section 402 of
the | 36 |
| Illinois Controlled Substances Act if committed by an |
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| adult, or (v) an act
that would be an offense under | 2 |
| Section 401 of the Illinois Controlled
Substances Act | 3 |
| if committed by an adult.
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| (2) The court
shall allow the general public to have | 5 |
| access to the name, address, and offense of a minor who is | 6 |
| at least 13 years of age at
the time the offense
is | 7 |
| committed and who is convicted, in criminal proceedings
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| permitted or required under Section 5-4, under either of | 9 |
| the following
circumstances:
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| (A) The minor has been convicted of first degree | 11 |
| murder, attempt
to commit first degree
murder, | 12 |
| aggravated criminal sexual
assault, or criminal sexual | 13 |
| assault,
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| (B) The court has made a finding that the minor was | 15 |
| at least 13 years
of age
at the time the offense was | 16 |
| committed and the conviction was based upon the
minor's | 17 |
| commission of: (i)
an offense in
furtherance of the | 18 |
| commission of a felony as a member of or on behalf of a
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| criminal street gang, (ii) an offense
involving the use | 20 |
| of a firearm in the commission of a felony, (iii)
a | 21 |
| Class X felony offense under or a second or subsequent | 22 |
| Class 2 or
greater felony offense under the Cannabis | 23 |
| Control Act, (iv) a
second or subsequent offense under | 24 |
| Section 402 of the Illinois
Controlled Substances Act, | 25 |
| or (v) an offense under Section 401 of the Illinois
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| Controlled Substances Act.
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| (D) Pending or following any adjudication of delinquency | 28 |
| for
any offense defined
in Sections 12-13 through 12-16 of the | 29 |
| Criminal Code of 1961,
the victim of any such offense shall | 30 |
| receive the
rights set out in Sections 4 and 6 of the Bill of
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| Rights for Victims and Witnesses of Violent Crime Act; and the
| 32 |
| juvenile who is the subject of the adjudication, | 33 |
| notwithstanding any other
provision of this Act, shall be | 34 |
| treated
as an adult for the purpose of affording such rights to | 35 |
| the victim.
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| (E) Nothing in this Section shall affect the right of a |
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| Civil Service
Commission or appointing authority of any state, | 2 |
| county or municipality
examining the character and fitness of
| 3 |
| an applicant for employment with a law enforcement
agency, | 4 |
| correctional institution, or fire department to
ascertain
| 5 |
| whether that applicant was ever adjudicated to be a delinquent | 6 |
| minor and,
if so, to examine the records of disposition or | 7 |
| evidence which were made in
proceedings under this Act.
| 8 |
| (F) Following any adjudication of delinquency for a crime | 9 |
| which would be
a felony if committed by an adult, or following | 10 |
| any adjudication of delinquency
for a violation of Section | 11 |
| 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | 12 |
| State's Attorney shall ascertain
whether the minor respondent | 13 |
| is enrolled in school and, if so, shall provide
a copy of the | 14 |
| dispositional order to the principal or chief administrative
| 15 |
| officer of the school. Access to such juvenile records shall be | 16 |
| limited
to the principal or chief administrative officer of the | 17 |
| school and any guidance
counselor designated by him.
| 18 |
| (G) Nothing contained in this Act prevents the sharing or
| 19 |
| disclosure of information or records relating or pertaining to | 20 |
| juveniles
subject to the provisions of the Serious Habitual | 21 |
| Offender Comprehensive
Action Program when that information is | 22 |
| used to assist in the early
identification and treatment of | 23 |
| habitual juvenile offenders.
| 24 |
| (H) When a Court hearing a proceeding under Article II of | 25 |
| this Act becomes
aware that an earlier proceeding under Article | 26 |
| II had been heard in a different
county, that Court shall | 27 |
| request, and the Court in which the earlier
proceedings were | 28 |
| initiated shall transmit, an authenticated copy of the Court
| 29 |
| record, including all documents, petitions, and orders filed | 30 |
| therein and the
minute orders, transcript of proceedings, and | 31 |
| docket entries of the Court.
| 32 |
| (I) The Clerk of the Circuit Court shall report to the | 33 |
| Department of
State
Police, in the form and manner required by | 34 |
| the Department of State Police, the
final disposition of each | 35 |
| minor who has been arrested or taken into custody
before his or | 36 |
| her 17th birthday for those offenses required to be reported
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LRB093 15072 RLC 40657 b |
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| under Section 5 of the Criminal Identification Act. Information | 2 |
| reported to
the Department under this Section may be maintained | 3 |
| with records that the
Department files under Section 2.1 of the | 4 |
| Criminal Identification Act.
| 5 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, | 6 |
| 92-415, eff.
8-17-01.)
| 7 |
| (705 ILCS 405/5-901)
| 8 |
| Sec. 5-901. Court file.
| 9 |
| (1) The Court file with respect to proceedings under this
| 10 |
| Article shall consist of the petitions, pleadings, victim | 11 |
| impact statements,
process,
service of process, orders, writs | 12 |
| and docket entries reflecting hearings held
and judgments and | 13 |
| decrees entered by the court. The court file shall be
kept | 14 |
| separate from other records of the court.
| 15 |
| (a) The file, including information identifying the | 16 |
| victim or alleged
victim of any sex
offense, shall be | 17 |
| disclosed only to the following parties when necessary for
| 18 |
| discharge of their official duties:
| 19 |
| (i) A judge of the circuit court and members of the | 20 |
| staff of the court
designated by the judge;
| 21 |
| (ii) Parties to the proceedings and their | 22 |
| attorneys;
| 23 |
| (iii) Victims and their attorneys, except in cases | 24 |
| of multiple victims
of
sex offenses in which case the | 25 |
| information identifying the nonrequesting
victims | 26 |
| shall be redacted;
| 27 |
| (iv) Probation officers, law enforcement officers | 28 |
| or prosecutors or
their
staff;
| 29 |
| (v) Adult and juvenile Prisoner Review Boards ; .
| 30 |
| (vi) A fire or arson investigator of the Office of | 31 |
| the State Fire
Marshal or of a
local fire department or | 32 |
| fire protection district or a person classified as a
| 33 |
| peace officer
under the Peace Officer Fire | 34 |
| Investigation Act.
| 35 |
| (b) The Court file redacted to remove any information |
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LRB093 15072 RLC 40657 b |
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| identifying the
victim or alleged victim of any sex offense | 2 |
| shall be disclosed only to the
following parties when | 3 |
| necessary for discharge of their official duties:
| 4 |
| (i) Authorized military personnel;
| 5 |
| (ii) Persons engaged in bona fide research, with | 6 |
| the permission of the
judge of the juvenile court and | 7 |
| the chief executive of the agency that prepared
the
| 8 |
| particular recording: provided that publication of | 9 |
| such research results in no
disclosure of a minor's | 10 |
| identity and protects the confidentiality of the
| 11 |
| record;
| 12 |
| (iii) The Secretary of State to whom the Clerk of | 13 |
| the Court shall report
the disposition of all cases, as | 14 |
| required in Section 6-204 or Section 6-205.1
of the | 15 |
| Illinois
Vehicle Code. However, information reported | 16 |
| relative to these offenses shall
be privileged and | 17 |
| available only to the Secretary of State, courts, and | 18 |
| police
officers;
| 19 |
| (iv) The administrator of a bonafide substance | 20 |
| abuse student
assistance program with the permission | 21 |
| of the presiding judge of the
juvenile court;
| 22 |
| (v) Any individual, or any public or private agency | 23 |
| or institution,
having
custody of the juvenile under | 24 |
| court order or providing educational, medical or
| 25 |
| mental health services to the juvenile or a | 26 |
| court-approved advocate for the
juvenile or any | 27 |
| placement provider or potential placement provider as
| 28 |
| determined by the court.
| 29 |
| (3) A minor who is the victim or alleged victim in a | 30 |
| juvenile proceeding
shall be
provided the same confidentiality | 31 |
| regarding disclosure of identity as the
minor who is the | 32 |
| subject of record.
Information identifying victims and alleged | 33 |
| victims of sex offenses,
shall not be disclosed or open to | 34 |
| public inspection under any circumstances.
Nothing in this | 35 |
| Section shall prohibit the victim or alleged victim of any sex
| 36 |
| offense from voluntarily disclosing his or her identity.
|
|
|
|
HB4427 |
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LRB093 15072 RLC 40657 b |
|
| 1 |
| (4) Relevant information, reports and records shall be made | 2 |
| available to the
Department of
Corrections when a juvenile | 3 |
| offender has been placed in the custody of the
Department of | 4 |
| Corrections, Juvenile Division.
| 5 |
| (5) Except as otherwise provided in this subsection (5), | 6 |
| juvenile court
records shall not be made available to the | 7 |
| general public
but may be inspected by representatives of | 8 |
| agencies, associations and news
media or other properly | 9 |
| interested persons by general or special order of
the court. | 10 |
| The State's Attorney, the minor, his or her parents, guardian | 11 |
| and
counsel
shall at all times have the right to examine court | 12 |
| files and records.
| 13 |
| (a) 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 |
| (i) 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 |
| (ii) The court has made a finding that the minor | 22 |
| was 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: (A)
an act in | 25 |
| furtherance of the commission of a felony as a member | 26 |
| of or on
behalf of a criminal street
gang, (B) an act | 27 |
| involving the use of a firearm in the commission of a
| 28 |
| felony, (C) an act that would be a Class X felony | 29 |
| offense
under or
the minor's second or subsequent
Class | 30 |
| 2 or greater felony offense under the Cannabis Control | 31 |
| Act if committed
by an adult,
(D) an act that would be | 32 |
| a second or subsequent offense under Section 402 of
the | 33 |
| Illinois Controlled Substances Act if committed by an | 34 |
| adult, or (E) an act
that would be an offense under | 35 |
| Section 401 of the Illinois Controlled
Substances Act | 36 |
| if committed by an adult.
|
|
|
|
HB4427 |
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LRB093 15072 RLC 40657 b |
|
| 1 |
| (b) The court
shall allow the general public to have | 2 |
| access to the name, address, and offense
of a minor who is | 3 |
| at least 13 years of age at
the time the offense
is | 4 |
| committed and who is convicted, in criminal proceedings
| 5 |
| permitted or required under Section 5-805, under either of
| 6 |
| the following
circumstances:
| 7 |
| (i) The minor has been convicted of first degree | 8 |
| murder, attempt
to commit first degree
murder, | 9 |
| aggravated criminal sexual
assault, or criminal sexual | 10 |
| assault,
| 11 |
| (ii) The court has made a finding that the minor | 12 |
| was at least 13 years
of age
at the time the offense | 13 |
| was committed and the conviction was based upon the
| 14 |
| minor's commission of: (A)
an offense in
furtherance of | 15 |
| the commission of a felony as a member of or on behalf | 16 |
| of a
criminal street gang, (B) an offense
involving the | 17 |
| use of a firearm in the commission of a felony, (C)
a | 18 |
| Class X felony offense under the Cannabis Control Act | 19 |
| or a second or
subsequent Class 2 or
greater felony | 20 |
| offense under the Cannabis Control Act, (D) a
second or | 21 |
| subsequent offense under Section 402 of the Illinois
| 22 |
| Controlled Substances Act, or (E) an offense under | 23 |
| Section 401 of the Illinois
Controlled Substances Act.
| 24 |
| (6) Nothing in this Section shall be construed to limit the | 25 |
| use of a
adjudication of delinquency as
evidence in any | 26 |
| juvenile or criminal proceeding, where it would otherwise be
| 27 |
| admissible under the rules of evidence, including but not | 28 |
| limited to, use as
impeachment evidence against any witness, | 29 |
| including the minor if he or she
testifies.
| 30 |
| (7) Nothing in this Section shall affect the right of a | 31 |
| Civil Service
Commission or appointing authority examining the | 32 |
| character and fitness of
an applicant for a position as a law | 33 |
| enforcement officer to ascertain
whether that applicant was | 34 |
| ever adjudicated to be a delinquent minor and,
if so, to | 35 |
| examine the records or evidence which were made in
proceedings | 36 |
| under this Act.
|
|
|
|
HB4427 |
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LRB093 15072 RLC 40657 b |
|
| 1 |
| (8) Following any adjudication of delinquency for a crime | 2 |
| which would be
a felony if committed by an adult, or following | 3 |
| any adjudication of delinquency
for a violation of Section | 4 |
| 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | 5 |
| State's Attorney shall ascertain
whether the minor respondent | 6 |
| is enrolled in school and, if so, shall provide
a copy of the | 7 |
| sentencing order to the principal or chief administrative
| 8 |
| officer of the school. Access to such juvenile records shall be | 9 |
| limited
to the principal or chief administrative officer of the | 10 |
| school and any guidance
counselor designated by him or her.
| 11 |
| (9) Nothing contained in this Act prevents the sharing or
| 12 |
| disclosure of information or records relating or pertaining to | 13 |
| juveniles
subject to the provisions of the Serious Habitual | 14 |
| Offender Comprehensive
Action Program when that information is | 15 |
| used to assist in the early
identification and treatment of | 16 |
| habitual juvenile offenders.
| 17 |
| (11) The Clerk of the Circuit Court shall report to the | 18 |
| Department of
State
Police, in the form and manner required by | 19 |
| the Department of State Police, the
final disposition of each | 20 |
| minor who has been arrested or taken into custody
before his or | 21 |
| her 17th birthday for those offenses required to be reported
| 22 |
| under Section 5 of the Criminal Identification Act. Information | 23 |
| reported to
the Department under this Section may be maintained | 24 |
| with records that the
Department files under Section 2.1 of the | 25 |
| Criminal Identification Act.
| 26 |
| (12) Information or records may be disclosed to the general | 27 |
| public when the
court is conducting hearings under Section | 28 |
| 5-805 or 5-810.
| 29 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 30 |
| (705 ILCS 405/5-905)
| 31 |
| Sec. 5-905. Law enforcement records.
| 32 |
| (1) Law Enforcement Records.
Inspection and copying of law | 33 |
| enforcement records maintained by law enforcement
agencies | 34 |
| that relate to a minor who has been arrested or taken into | 35 |
| custody
before his or her 17th birthday shall be restricted to |
|
|
|
HB4427 |
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LRB093 15072 RLC 40657 b |
|
| 1 |
| the following and when
necessary for the discharge of their | 2 |
| 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;
| 7 |
| (b-5) A fire or arson investigator of the Office of the | 8 |
| State Fire
Marshal
or
of a
local fire department or fire | 9 |
| protection district or a person classified as a
peace | 10 |
| officer
under the Peace Officer Fire Investigation Act;
| 11 |
| (c) The minor, the minor's parents or legal guardian | 12 |
| and their attorneys,
but only when the juvenile has been | 13 |
| charged with an offense;
| 14 |
| (d) Adult and Juvenile Prisoner Review Boards;
| 15 |
| (e) Authorized military personnel;
| 16 |
| (f) Persons engaged in bona fide research, with the | 17 |
| permission of the
judge of juvenile court and the chief | 18 |
| executive of the agency that prepared the
particular | 19 |
| recording: provided that publication of such research | 20 |
| results in no
disclosure of a minor's identity and protects | 21 |
| the confidentiality of the
record;
| 22 |
| (g) Individuals responsible for supervising or | 23 |
| providing temporary or
permanent care and custody of minors | 24 |
| pursuant to orders of the juvenile court
or directives from | 25 |
| officials of the Department of Children and Family
Services | 26 |
| or the Department of Human Services who certify in writing | 27 |
| that the
information will not be disclosed to any other | 28 |
| party except as provided under
law or order of court;
| 29 |
| (h) The appropriate school official. Inspection and | 30 |
| copying
shall be limited to law enforcement records | 31 |
| transmitted to the appropriate
school official by a local | 32 |
| law enforcement agency under a reciprocal reporting
system | 33 |
| established and maintained between the school district and | 34 |
| the local law
enforcement agency under Section 10-20.14 of | 35 |
| the School Code concerning a minor
enrolled in a school | 36 |
| within the school district who has been arrested
for any |
|
|
|
HB4427 |
- 17 - |
LRB093 15072 RLC 40657 b |
|
| 1 |
| offense classified as a felony or a Class A or B | 2 |
| misdemeanor.
| 3 |
| (2) Information identifying victims and alleged victims of | 4 |
| sex offenses,
shall not be disclosed or open to public | 5 |
| inspection under any circumstances.
Nothing in this Section | 6 |
| shall prohibit the victim or alleged victim of any sex
offense | 7 |
| from voluntarily disclosing his or her identity.
| 8 |
| (3) Relevant information, reports and records shall be made | 9 |
| available to the
Department of Corrections when a juvenile | 10 |
| offender has been placed in the
custody of the Department of | 11 |
| Corrections, Juvenile Division.
| 12 |
| (4) Nothing in this Section shall prohibit the inspection | 13 |
| or disclosure to
victims and witnesses of photographs contained | 14 |
| in the records of law
enforcement agencies when the inspection | 15 |
| or disclosure is conducted in the
presence of a law enforcement | 16 |
| officer for purposes of identification or
apprehension of any | 17 |
| person in the course of any criminal investigation or
| 18 |
| prosecution.
| 19 |
| (5) The records of law enforcement officers concerning all | 20 |
| minors under
17 years of age must be maintained separate from | 21 |
| the records of adults and
may not be open to public inspection | 22 |
| or their contents disclosed to the
public except by order of | 23 |
| the court or when the institution of criminal
proceedings has | 24 |
| been permitted under Section 5-130 or 5-805 or required
under | 25 |
| Section
5-130 or 5-805 or such a person has been convicted of a | 26 |
| crime and is the
subject of
pre-sentence investigation or when | 27 |
| provided by law.
| 28 |
| (6) Except as otherwise provided in this subsection (6), | 29 |
| law enforcement
officers may not disclose the identity of any | 30 |
| minor
in releasing information to the general public as to the | 31 |
| arrest, investigation
or disposition of any case involving a | 32 |
| minor.
Any victim or parent or legal guardian of a victim may | 33 |
| petition the court to
disclose the name and address of the | 34 |
| minor and the minor's parents or legal
guardian, or both. Upon | 35 |
| a finding by clear and convincing evidence that the
disclosure | 36 |
| is either necessary for the victim to pursue a civil remedy |
|
|
|
HB4427 |
- 18 - |
LRB093 15072 RLC 40657 b |
|
| 1 |
| against
the minor or the minor's parents or legal guardian, or | 2 |
| both, or to protect the
victim's person or property from the | 3 |
| minor, then the court may order the
disclosure of the | 4 |
| information to the victim or to the parent or legal guardian
of | 5 |
| the victim only for the purpose of the victim pursuing a civil | 6 |
| remedy
against the minor or the minor's parents or legal | 7 |
| guardian, or both, or to
protect the victim's person or | 8 |
| property from the minor.
| 9 |
| (7) Nothing contained in this Section shall prohibit law | 10 |
| enforcement
agencies when acting in their official capacity | 11 |
| from communicating with each
other by letter, memorandum, | 12 |
| teletype or
intelligence alert bulletin or other means the | 13 |
| identity or other relevant
information pertaining to a person | 14 |
| under 17 years of age. The information
provided under this | 15 |
| subsection (7) shall remain confidential and shall not
be | 16 |
| publicly disclosed, except as otherwise allowed by law.
| 17 |
| (8) No person shall disclose information under this Section | 18 |
| except when
acting in his or her official capacity and as | 19 |
| provided by law or order of
court.
| 20 |
| (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
|
|