Full Text of SB3513 96th General Assembly
SB3513sam004 96TH GENERAL ASSEMBLY
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Sen. Emil Jones, III
Filed: 4/7/2010
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| AMENDMENT TO SENATE BILL 3513
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| AMENDMENT NO. ______. Amend Senate Bill 3513, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 6 |
| changing Section 5-905 as follows:
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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 | 10 |
| enforcement records maintained by law enforcement
agencies | 11 |
| that relate to a minor who has been arrested or taken into | 12 |
| custody
before his or her 17th birthday shall be restricted to | 13 |
| the following and when
necessary for the discharge of their | 14 |
| official duties:
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| (a) A judge of the circuit court and members of the | 16 |
| staff of the court
designated by the judge;
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| (b) Law enforcement officers, probation officers or | 2 |
| prosecutors or their
staff, or, when necessary for the | 3 |
| discharge of its official duties in connection with a | 4 |
| particular investigation of the conduct of a law | 5 |
| enforcement officer, an independent agency or its staff | 6 |
| created by ordinance and charged by a unit of local | 7 |
| government with the duty of investigating the conduct of | 8 |
| law enforcement officers;
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| (c) The minor, the minor's parents or legal guardian | 10 |
| and their attorneys,
but only when the juvenile has been | 11 |
| 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 | 15 |
| permission of the
judge of juvenile court and the chief | 16 |
| executive of the agency that prepared the
particular | 17 |
| recording: provided that publication of such research | 18 |
| results in no
disclosure of a minor's identity and protects | 19 |
| the confidentiality of the
record;
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| (g) Individuals responsible for supervising or | 21 |
| providing temporary or
permanent care and custody of minors | 22 |
| pursuant to orders of the juvenile court
or directives from | 23 |
| officials of the Department of Children and Family
Services | 24 |
| or the Department of Human Services who certify in writing | 25 |
| that the
information will not be disclosed to any other | 26 |
| party except as provided under
law or order of court;
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| (h) The appropriate school official. Inspection and | 2 |
| copying
shall be limited to law enforcement records | 3 |
| transmitted to the appropriate
school official by a local | 4 |
| law enforcement agency under a reciprocal reporting
system | 5 |
| established and maintained between the school district and | 6 |
| the local law
enforcement agency under Section 10-20.14 of | 7 |
| the School Code concerning a minor
enrolled in a school | 8 |
| within the school district who has been arrested
for any | 9 |
| offense classified as a felony or a Class A or B | 10 |
| misdemeanor.
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| (2) Information identifying victims and alleged victims of | 12 |
| sex offenses,
shall not be disclosed or open to public | 13 |
| inspection under any circumstances.
Nothing in this Section | 14 |
| shall prohibit the victim or alleged victim of any sex
offense | 15 |
| from voluntarily disclosing his or her identity.
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| (2.5) If the minor is a victim of aggravated battery, | 17 |
| battery, attempted first degree murder, or other non-sexual | 18 |
| violent offense, the identity of the victim may be disclosed to | 19 |
| appropriate school officials, for the purpose of preventing | 20 |
| foreseeable future violence involving minors, by a local law | 21 |
| enforcement agency pursuant to an agreement established | 22 |
| between the school district and a local law enforcement agency | 23 |
| subject to the approval by the presiding judge of the juvenile | 24 |
| court. | 25 |
| (3) Relevant information, reports and records shall be made | 26 |
| available to the
Department of Juvenile Justice when a juvenile |
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| offender has been placed in the
custody of the Department of | 2 |
| Juvenile Justice.
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| (4) Nothing in this Section shall prohibit the inspection | 4 |
| or disclosure to
victims and witnesses of photographs contained | 5 |
| in the records of law
enforcement agencies when the inspection | 6 |
| or disclosure is conducted in the
presence of a law enforcement | 7 |
| officer for purposes of identification or
apprehension of any | 8 |
| 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, or of an | 11 |
| independent agency created by ordinance and charged by a unit | 12 |
| of local government with the duty of investigating the conduct | 13 |
| of law enforcement officers, concerning all minors under
17 | 14 |
| years of age must be maintained separate from the records of | 15 |
| adults and
may not be open to public inspection or their | 16 |
| contents disclosed to the
public except by order of the court | 17 |
| or when the institution of criminal
proceedings has been | 18 |
| permitted under Section 5-130 or 5-805 or required
under | 19 |
| Section
5-130 or 5-805 or such a person has been convicted of a | 20 |
| crime and is the
subject of
pre-sentence investigation or when | 21 |
| provided by law.
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| (6) Except as otherwise provided in this subsection (6), | 23 |
| law enforcement
officers, and personnel of an independent | 24 |
| agency created by ordinance and charged by a unit of local | 25 |
| government with the duty of investigating the conduct of law | 26 |
| enforcement officers, may not disclose the identity of any |
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| minor
in releasing information to the general public as to the | 2 |
| arrest, investigation
or disposition of any case involving a | 3 |
| minor.
Any victim or parent or legal guardian of a victim may | 4 |
| petition the court to
disclose the name and address of the | 5 |
| minor and the minor's parents or legal
guardian, or both. Upon | 6 |
| a finding by clear and convincing evidence that the
disclosure | 7 |
| is either necessary for the victim to pursue a civil remedy | 8 |
| against
the minor or the minor's parents or legal guardian, or | 9 |
| both, or to protect the
victim's person or property from the | 10 |
| minor, then the court may order the
disclosure of the | 11 |
| information to the victim or to the parent or legal guardian
of | 12 |
| the victim only for the purpose of the victim pursuing a civil | 13 |
| remedy
against the minor or the minor's parents or legal | 14 |
| guardian, or both, or to
protect the victim's person or | 15 |
| property from the minor.
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| (7) Nothing contained in this Section shall prohibit law | 17 |
| enforcement
agencies when acting in their official capacity | 18 |
| from communicating with each
other by letter, memorandum, | 19 |
| teletype or
intelligence alert bulletin or other means the | 20 |
| identity or other relevant
information pertaining to a person | 21 |
| under 17 years of age. The information
provided under this | 22 |
| subsection (7) shall remain confidential and shall not
be | 23 |
| publicly disclosed, except as otherwise allowed by law.
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| (8) No person shall disclose information under this Section | 25 |
| except when
acting in his or her official capacity and as | 26 |
| provided by law or order of
court.
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| (Source: P.A. 96-419, eff. 8-13-09.)".
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