Full Text of SB2047 95th General Assembly
SB2047 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2047
Introduced 2/7/2008, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/1-8 |
from Ch. 37, par. 801-8 |
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Amends the Juvenile Court Act of 1987. Provides that findings and exclusions of paternity entered in proceedings occurring under the Abused, Neglected, or Dependent Minors Article of the Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under the Determination and Enforcement of
Support Responsibility of Relatives
Article of the Illinois Public Aid Code. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2047 |
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LRB095 18941 RLC 45097 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 1-8 as follows:
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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 | 8 |
| court records.
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| (A) Inspection and copying of juvenile court records | 10 |
| relating to a minor
who is the subject of a proceeding under | 11 |
| this Act shall be restricted to the
following:
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| (1) The minor who is the subject of record, his | 13 |
| parents, guardian
and counsel.
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| (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.
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| Before July 1, 1994, for the purposes of this Section, | 23 |
| "criminal street
gang" means any ongoing
organization, |
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| 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.
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| 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.
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| (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
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| 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.
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| (4) Judges, prosecutors and probation officers:
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| (a) in the course of a trial when institution of | 21 |
| criminal proceedings
has been permitted or required | 22 |
| under Section 5-805; or
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| (b) when criminal proceedings have been permitted
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| 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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| (c) when criminal proceedings have been permitted
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| 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
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| (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
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| hearing, or proceedings on an application for | 11 |
| 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 | 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.
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| (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
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| research results in no disclosure of a minor's identity and | 24 |
| protects the
confidentiality of the record.
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| (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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| 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.
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| (10) The administrator of a bonafide substance abuse | 6 |
| student
assistance program with the permission of the | 7 |
| presiding judge of the
juvenile court.
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| (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 Persons Commitment Act | 13 |
| relating to a person who is the
subject of
juvenile court | 14 |
| records or the respondent to a petition brought under
the
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| Sexually Violent Persons Commitment Act, who is the subject | 16 |
| of juvenile
court records
sought. Any records and any | 17 |
| information obtained from those records under this
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| paragraph (11) may be used only in sexually violent persons | 19 |
| commitment
proceedings.
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| (A-1) Findings and exclusions of paternity entered in | 21 |
| proceedings occurring under Article II of this Act shall be | 22 |
| disclosed, in a manner and form approved by the Presiding Judge | 23 |
| of the Juvenile Court, to the Department of Healthcare and | 24 |
| Family Services when necessary to discharge the duties of the | 25 |
| Department of Healthcare and Family Services under Article X of | 26 |
| the Illinois Public Aid Code. |
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| (B) A minor who is the victim in a juvenile proceeding | 2 |
| shall be
provided the same confidentiality regarding | 3 |
| disclosure of identity as the
minor who is the subject of | 4 |
| record.
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| (C) Except as otherwise provided in this subsection (C), | 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 |
| presiding over matters pursuant to this Act. | 11 |
| (0.1) In cases where the records concern a pending | 12 |
| juvenile court case, the party seeking to inspect the | 13 |
| juvenile court records shall provide actual notice to the | 14 |
| attorney or guardian ad litem of the minor whose records | 15 |
| are sought. | 16 |
| (0.2) In cases where the records concern a juvenile | 17 |
| court case that is no longer pending, the party seeking to | 18 |
| inspect the juvenile court records shall provide actual | 19 |
| notice to the minor or the minor's parent or legal | 20 |
| guardian, and the matter shall be referred to the chief | 21 |
| judge presiding over matters pursuant to this Act. | 22 |
| (0.3) In determining whether the records should be | 23 |
| available for inspection, the court shall consider the | 24 |
| minor's interest in confidentiality and rehabilitation | 25 |
| over the moving party's interest in obtaining the | 26 |
| information. The State's Attorney, the minor, and the |
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| minor's parents, guardian, and counsel shall at all times | 2 |
| have the right to examine court files and records. For | 3 |
| purposes of obtaining documents pursuant to this Section, a | 4 |
| civil subpoena is not an order of the court. | 5 |
| (0.4) Any records obtained in violation of this | 6 |
| subsection (C) shall not be admissible in any criminal or | 7 |
| civil proceeding, or operate to disqualify a minor from | 8 |
| subsequently holding public office, or operate as a | 9 |
| forfeiture of any public benefit, right, privilege, or | 10 |
| right to receive any license granted by public authority.
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| (1) The
court shall allow the general public to have | 12 |
| access to the name, address, and offense of a minor
who is | 13 |
| adjudicated a delinquent minor under this Act under either | 14 |
| of the
following circumstances:
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| (A) The
adjudication of
delinquency was based upon | 16 |
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minor's
commission of first degree murder, attempt | 17 |
| to commit first degree
murder, aggravated criminal | 18 |
| sexual assault, or criminal sexual assault; or
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| (B) The court has made a finding that the minor was | 20 |
| at least 13 years of
age
at the time the act was | 21 |
| committed and the adjudication of delinquency was | 22 |
| based
upon the minor's commission of: (i)
an act in | 23 |
| furtherance of the commission of a felony as a member | 24 |
| of or on
behalf of a criminal street
gang, (ii) an act | 25 |
| 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 |
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| offense
under or
the minor's second or subsequent
Class | 2 |
| 2 or greater felony offense under the Cannabis Control | 3 |
| Act if committed by an adult,
(iv) an act that would be | 4 |
| a second or subsequent offense under Section 402 of
the | 5 |
| Illinois Controlled Substances Act if committed by an | 6 |
| adult, (v) an act
that would be an offense under | 7 |
| Section 401 of the Illinois Controlled
Substances Act | 8 |
| if committed by an adult, (vi) an act that would be a | 9 |
| second or subsequent offense under Section 60 of the | 10 |
| Methamphetamine Control and Community Protection Act, | 11 |
| or (vii) an act that would be an offense under another | 12 |
| Section of the Methamphetamine Control and Community | 13 |
| Protection Act.
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| (2) The court
shall allow the general public to have | 15 |
| access to the name, address, and offense of a minor who is | 16 |
| at least 13 years of age at
the time the offense
is | 17 |
| committed and who is convicted, in criminal proceedings
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| permitted or required under Section 5-4, under either of | 19 |
| the following
circumstances:
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| (A) The minor has been convicted of first degree | 21 |
| murder, attempt
to commit first degree
murder, | 22 |
| aggravated criminal sexual
assault, or criminal sexual | 23 |
| assault,
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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 offense was | 26 |
| committed and the conviction was based upon the
minor's |
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LRB095 18941 RLC 45097 b |
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| commission of: (i)
an offense in
furtherance of the | 2 |
| 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 | 4 |
| of a firearm in the commission of a felony, (iii)
a | 5 |
| Class X felony offense under or a second or subsequent | 6 |
| Class 2 or
greater felony offense under the Cannabis | 7 |
| Control Act, (iv) a
second or subsequent offense under | 8 |
| Section 402 of the Illinois
Controlled Substances Act, | 9 |
| (v) an offense under Section 401 of the Illinois
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| Controlled Substances Act, (vi) an act that would be a | 11 |
| second or subsequent offense under Section 60 of the | 12 |
| Methamphetamine Control and Community Protection Act, | 13 |
| or (vii) an act that would be an offense under another | 14 |
| Section of the Methamphetamine Control and Community | 15 |
| Protection Act.
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| (D) Pending or following any adjudication of delinquency | 17 |
| for
any offense defined
in Sections 12-13 through 12-16 of the | 18 |
| Criminal Code of 1961,
the victim of any such offense shall | 19 |
| 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
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| juvenile who is the subject of the adjudication, | 22 |
| notwithstanding any other
provision of this Act, shall be | 23 |
| treated
as an adult for the purpose of affording such rights to | 24 |
| the victim.
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| (E) Nothing in this Section shall affect the right of a | 26 |
| Civil Service
Commission or appointing authority of any state, |
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LRB095 18941 RLC 45097 b |
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| county or municipality
examining the character and fitness of
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| an applicant for employment with a law enforcement
agency, | 3 |
| correctional institution, or fire department to
ascertain
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| whether that applicant was ever adjudicated to be a delinquent | 5 |
| minor and,
if so, to examine the records of disposition or | 6 |
| evidence which were made in
proceedings under this Act.
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| (F) Following any adjudication of delinquency for a crime | 8 |
| which would be
a felony if committed by an adult, or following | 9 |
| any adjudication of delinquency
for a violation of Section | 10 |
| 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | 11 |
| State's Attorney shall ascertain
whether the minor respondent | 12 |
| is enrolled in school and, if so, shall provide
a copy of the | 13 |
| dispositional order to the principal or chief administrative
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| officer of the school. Access to such juvenile records shall be | 15 |
| limited
to the principal or chief administrative officer of the | 16 |
| school and any guidance
counselor designated by him.
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| (G) Nothing contained in this Act prevents the sharing or
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| 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.
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| (H) When a Court hearing a proceeding under Article II of | 24 |
| this Act becomes
aware that an earlier proceeding under Article | 25 |
| II had been heard in a different
county, that Court shall | 26 |
| request, and the Court in which the earlier
proceedings were |
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LRB095 18941 RLC 45097 b |
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| initiated shall transmit, an authenticated copy of the Court
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| record, including all documents, petitions, and orders filed | 3 |
| therein and the
minute orders, transcript of proceedings, and | 4 |
| docket entries of the Court.
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| (I) The Clerk of the Circuit Court shall report to the | 6 |
| Department of
State
Police, in the form and manner required by | 7 |
| the Department of State Police, the
final disposition of each | 8 |
| minor who has been arrested or taken into custody
before his or | 9 |
| her 17th birthday for those offenses required to be reported
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| under Section 5 of the Criminal Identification Act. Information | 11 |
| reported to
the Department under this Section may be maintained | 12 |
| with records that the
Department files under Section 2.1 of the | 13 |
| Criminal Identification Act.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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