Full Text of HB0682 96th General Assembly
HB0682 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0682
Introduced 2/6/2009, by Rep. William D. Burns SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/1-7 |
from Ch. 37, par. 801-7 |
705 ILCS 405/5-905 |
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Amends the Juvenile Court Act of 1987. Permits persons or their staff charged by a unit of local government with the duty of investigating the conduct of law enforcement officers to inspect and copy law enforcement records maintained by law enforcement
agencies that relate to a minor who has been arrested or taken into custody
before his or her 17th birthday. Effective immediately.
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A BILL FOR
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HB0682 |
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LRB096 08718 RLC 18850 b |
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| AN ACT concerning juveniles.
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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 Sections 1-7 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 , or, when necessary | 20 |
| for the discharge of their official
duties, persons or | 21 |
| their staff charged by a unit of local government with the | 22 |
| duty of investigating the conduct of law enforcement | 23 |
| officers . For purposes of
this Section, "criminal street |
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LRB096 08718 RLC 18850 b |
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| gang" has the meaning ascribed to it in
Section 10 of the | 2 |
| Illinois Streetgang Terrorism Omnibus Prevention Act.
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| (2) Prosecutors, probation officers, social workers, | 4 |
| or other
individuals assigned by the court to conduct a | 5 |
| pre-adjudication or
pre-disposition investigation, and | 6 |
| individuals responsible for supervising
or providing | 7 |
| temporary or permanent care and custody for minors pursuant | 8 |
| to
the order of the juvenile court, when essential to | 9 |
| 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 | 12 |
| criminal proceedings
has been permitted or required | 13 |
| under Section 5-805; or
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| (b) when institution of criminal proceedings has | 15 |
| been permitted or required under Section 5-805 and such | 16 |
| minor is the
subject
of a proceeding to determine the | 17 |
| 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 | 20 |
| subject of a
pre-trial
investigation, pre-sentence | 21 |
| investigation, fitness hearing, or proceedings
on an | 22 |
| 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 | 26 |
| permission of the
Presiding Judge of the Juvenile Court and |
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| the chief executive of the respective
law enforcement | 2 |
| agency; provided that publication of such research results
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| in no disclosure of a minor's identity and protects the | 4 |
| confidentiality
of the minor's record.
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| (7) Department of Children and Family Services child | 6 |
| protection
investigators acting in their official | 7 |
| capacity.
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| (8) The appropriate school official. Inspection and | 9 |
| copying
shall be limited to law enforcement records | 10 |
| transmitted to the appropriate
school official by a local | 11 |
| law enforcement agency under a reciprocal reporting
system | 12 |
| established and maintained between the school district and | 13 |
| the local law
enforcement agency under Section 10-20.14 of | 14 |
| the School Code concerning a minor
enrolled in a school | 15 |
| 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 | 18 |
| the Criminal Code of
1961;
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| (ii) a violation of the Illinois Controlled | 20 |
| Substances Act;
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| (iii) a violation of the Cannabis Control Act;
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| (iv) a forcible felony as defined in Section 2-8 of | 23 |
| the Criminal Code
of 1961; or | 24 |
| (v) a violation of the Methamphetamine Control and | 25 |
| Community Protection Act.
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| (9) Mental health professionals on behalf of the |
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| Illinois Department of
Corrections or the Department of | 2 |
| Human Services or prosecutors who are
evaluating, | 3 |
| prosecuting, or investigating a potential or actual | 4 |
| petition
brought
under the Sexually Violent Persons | 5 |
| Commitment Act relating to a person who is
the
subject of | 6 |
| juvenile law enforcement records or the respondent to a | 7 |
| petition
brought under the Sexually Violent Persons | 8 |
| Commitment Act who is the subject of
the
juvenile law | 9 |
| enforcement records sought.
Any records and any | 10 |
| information obtained from those records under this
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| paragraph (9) may be used only in sexually violent persons | 12 |
| commitment
proceedings.
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| (B) (1) Except as provided in paragraph (2), no law | 14 |
| enforcement
officer or other person or agency may knowingly | 15 |
| transmit to the Department of
Corrections, Adult Division | 16 |
| or the Department of State Police or to the Federal
Bureau | 17 |
| of Investigation any fingerprint or photograph relating to | 18 |
| a minor who
has been arrested or taken into custody before | 19 |
| his or her 17th birthday,
unless the court in proceedings | 20 |
| under this Act authorizes the transmission or
enters an | 21 |
| 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 | 24 |
| agencies shall transmit
to the Department of State Police | 25 |
| copies of fingerprints and descriptions
of all minors who | 26 |
| have been arrested or taken into custody before their
17th |
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| birthday for the offense of unlawful use of weapons under | 2 |
| Article 24 of
the Criminal Code of 1961, a Class X or Class | 3 |
| 1 felony, a forcible felony as
defined in Section 2-8 of | 4 |
| the Criminal Code of 1961, or a Class 2 or greater
felony | 5 |
| under the Cannabis Control Act, the Illinois Controlled | 6 |
| Substances Act, the Methamphetamine Control and Community | 7 |
| Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | 8 |
| pursuant to Section 5 of the
Criminal Identification Act. | 9 |
| Information reported to the Department pursuant
to this | 10 |
| Section may be maintained with records that the Department | 11 |
| files
pursuant to Section 2.1 of the Criminal | 12 |
| Identification Act. Nothing in this
Act prohibits a law | 13 |
| enforcement agency from fingerprinting a minor taken into
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| custody or arrested before his or her 17th birthday for an | 15 |
| offense other than
those listed in this paragraph (2).
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| (C) The records of law enforcement officers concerning all | 17 |
| minors under
17 years of age must be maintained separate from | 18 |
| the records of arrests and
may not be open to public inspection | 19 |
| or their contents disclosed to the
public except by order of | 20 |
| the court presiding over matters pursuant to this Act or when | 21 |
| the institution of criminal
proceedings has been permitted or | 22 |
| required under Section
5-805 or such a person has been | 23 |
| convicted of a crime and is the
subject of
pre-sentence | 24 |
| investigation or proceedings on an application for probation
or | 25 |
| when provided by law. For purposes of obtaining documents | 26 |
| pursuant to this Section, a civil subpoena is not an order of |
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| the court. | 2 |
| (1) In cases where the law enforcement records concern | 3 |
| a pending juvenile court case, the party seeking to inspect | 4 |
| the records shall provide actual notice to the attorney or | 5 |
| guardian ad litem of the minor whose records are sought. | 6 |
| (2) In cases where the records concern a juvenile court | 7 |
| case that is no longer pending, the party seeking to | 8 |
| inspect the records shall provide actual notice to the | 9 |
| minor or the minor's parent or legal guardian, and the | 10 |
| matter shall be referred to the chief judge presiding over | 11 |
| matters pursuant to this Act. | 12 |
| (3) In determining whether the records should be | 13 |
| available for inspection, the court shall consider the | 14 |
| minor's interest in confidentiality and rehabilitation | 15 |
| over the moving party's interest in obtaining the | 16 |
| information. Any records obtained in violation of this | 17 |
| subsection (C) shall not be admissible in any criminal or | 18 |
| civil proceeding, or operate to disqualify a minor from | 19 |
| subsequently holding public office or securing employment, | 20 |
| or operate as a forfeiture of any public benefit, right, | 21 |
| privilege, or right to receive any license granted by | 22 |
| public authority.
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| (D) Nothing contained in subsection (C) of this Section | 24 |
| shall prohibit
the inspection or disclosure to victims and | 25 |
| witnesses of photographs
contained in the records of law | 26 |
| enforcement agencies when the
inspection and disclosure is |
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LRB096 08718 RLC 18850 b |
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| conducted in the presence of a law enforcement
officer for the | 2 |
| purpose of the identification or apprehension of any person
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| subject to the provisions of this Act or for the investigation | 4 |
| or
prosecution of any crime.
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| (E) Law enforcement officers may not disclose the identity | 6 |
| of any minor
in releasing information to the general public as | 7 |
| to the arrest, investigation
or disposition of any case | 8 |
| involving a minor.
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| (F) Nothing contained in this Section shall prohibit law | 10 |
| enforcement
agencies from communicating with each other by | 11 |
| letter, memorandum, teletype or
intelligence alert bulletin or | 12 |
| other means the identity or other relevant
information | 13 |
| 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 | 15 |
| present danger
to the safety of the public or law enforcement | 16 |
| officers. The information
provided under this subsection (F) | 17 |
| shall remain confidential and shall not
be publicly disclosed, | 18 |
| except as otherwise allowed by law.
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| (G) Nothing in this Section shall prohibit the right of a | 20 |
| Civil Service
Commission or appointing authority of any state, | 21 |
| county or municipality
examining the character and fitness of | 22 |
| an applicant for employment with a law
enforcement agency, | 23 |
| correctional institution, or fire department
from obtaining | 24 |
| and examining the
records of any law enforcement agency | 25 |
| relating to any record of the applicant
having been arrested or | 26 |
| taken into custody before the applicant's 17th
birthday.
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HB0682 |
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LRB096 08718 RLC 18850 b |
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| (Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
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| (705 ILCS 405/5-905)
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| Sec. 5-905. Law enforcement records.
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| (1) Law Enforcement Records.
Inspection and copying of law | 5 |
| enforcement records maintained by law enforcement
agencies | 6 |
| that relate to a minor who has been arrested or taken into | 7 |
| custody
before his or her 17th birthday shall be restricted to | 8 |
| the following and when
necessary for the discharge of their | 9 |
| official duties:
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| (a) A judge of the circuit court and members of the | 11 |
| staff of the court
designated by the judge;
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| (b) Law enforcement officers, probation officers or | 13 |
| prosecutors or their
staff , or persons or their staff | 14 |
| charged by a unit of local government with the duty of | 15 |
| investigating the conduct of law enforcement officers ;
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| (c) The minor, the minor's parents or legal guardian | 17 |
| and their attorneys,
but only when the juvenile has been | 18 |
| charged with an offense;
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| (d) Adult and Juvenile Prisoner Review Boards;
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| (e) Authorized military personnel;
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| (f) Persons engaged in bona fide research, with the | 22 |
| permission of the
judge of juvenile court and the chief | 23 |
| executive of the agency that prepared the
particular | 24 |
| recording: provided that publication of such research | 25 |
| results in no
disclosure of a minor's identity and protects |
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HB0682 |
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LRB096 08718 RLC 18850 b |
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| the confidentiality of the
record;
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| (g) Individuals responsible for supervising or | 3 |
| providing temporary or
permanent care and custody of minors | 4 |
| pursuant to orders of the juvenile court
or directives from | 5 |
| officials of the Department of Children and Family
Services | 6 |
| or the Department of Human Services who certify in writing | 7 |
| that the
information will not be disclosed to any other | 8 |
| party except as provided under
law or order of court;
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| (h) The appropriate school official. Inspection and | 10 |
| copying
shall be limited to law enforcement records | 11 |
| transmitted to the appropriate
school official by a local | 12 |
| law enforcement agency under a reciprocal reporting
system | 13 |
| established and maintained between the school district and | 14 |
| the local law
enforcement agency under Section 10-20.14 of | 15 |
| the School Code concerning a minor
enrolled in a school | 16 |
| within the school district who has been arrested
for any | 17 |
| offense classified as a felony or a Class A or B | 18 |
| misdemeanor.
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| (2) Information identifying victims and alleged victims of | 20 |
| sex offenses,
shall not be disclosed or open to public | 21 |
| inspection under any circumstances.
Nothing in this Section | 22 |
| shall prohibit the victim or alleged victim of any sex
offense | 23 |
| from voluntarily disclosing his or her identity.
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| (3) Relevant information, reports and records shall be made | 25 |
| available to the
Department of Juvenile Justice when a juvenile | 26 |
| offender has been placed in the
custody of the Department of |
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LRB096 08718 RLC 18850 b |
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| Juvenile Justice.
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| (4) Nothing in this Section shall prohibit the inspection | 3 |
| or disclosure to
victims and witnesses of photographs contained | 4 |
| in the records of law
enforcement agencies when the inspection | 5 |
| or disclosure is conducted in the
presence of a law enforcement | 6 |
| officer for purposes of identification or
apprehension of any | 7 |
| person in the course of any criminal investigation or
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| prosecution.
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| (5) The records of law enforcement officers concerning all | 10 |
| minors under
17 years of age must be maintained separate from | 11 |
| the records of adults and
may not be open to public inspection | 12 |
| or their contents disclosed to the
public except by order of | 13 |
| the court or when the institution of criminal
proceedings has | 14 |
| been permitted under Section 5-130 or 5-805 or required
under | 15 |
| Section
5-130 or 5-805 or such a person has been convicted of a | 16 |
| crime and is the
subject of
pre-sentence investigation or when | 17 |
| provided by law.
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| (6) Except as otherwise provided in this subsection (6), | 19 |
| law enforcement
officers may not disclose the identity of any | 20 |
| minor
in releasing information to the general public as to the | 21 |
| arrest, investigation
or disposition of any case involving a | 22 |
| minor.
Any victim or parent or legal guardian of a victim may | 23 |
| petition the court to
disclose the name and address of the | 24 |
| minor and the minor's parents or legal
guardian, or both. Upon | 25 |
| a finding by clear and convincing evidence that the
disclosure | 26 |
| is either necessary for the victim to pursue a civil remedy |
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| 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.
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| (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.
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| (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.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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