Illinois General Assembly - Full Text of HB2404
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Full Text of HB2404  98th General Assembly


Rep. Barbara Flynn Currie

Filed: 3/14/2013





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2    AMENDMENT NO. ______. Amend House Bill 2404 on page 1, by
3replacing lines 4 through 6 with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, 5-105, 5-120, 5-401.5, 5-410,
65-901, 5-905, and 5-915 as follows:"; and
7on page 26, by inserting immediately below line 19 the
9    "(705 ILCS 405/5-401.5)
10    Sec. 5-401.5. When statements by minor may be used.
11    (a) In this Section, "custodial interrogation" means any
12interrogation (i) during which a reasonable person in the
13subject's position would consider himself or herself to be in
14custody and (ii) during which a question is asked that is
15reasonably likely to elicit an incriminating response.



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1    In this Section, "electronic recording" includes motion
2picture, audiotape, videotape, or digital recording.
3    In this Section, "place of detention" means a building or a
4police station that is a place of operation for a municipal
5police department or county sheriff department or other law
6enforcement agency at which persons are or may be held in
7detention in connection with criminal charges against those
8persons or allegations that those persons are delinquent
10    (b) An oral, written, or sign language statement of a minor
11who, at the time of the commission of the offense was under the
12age of 18 17 years, made as a result of a custodial
13interrogation conducted at a police station or other place of
14detention on or after the effective date of this amendatory Act
15of the 93rd General Assembly shall be presumed to be
16inadmissible as evidence against the minor in any criminal
17proceeding or juvenile court proceeding, for an act that if
18committed by an adult would be brought under Section 9-1,
199-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code
20of 1961 or the Criminal Code of 2012, or under clause (d)(1)(F)
21of Section 11-501 of the Illinois Vehicle Code unless:
22        (1) an electronic recording is made of the custodial
23    interrogation; and
24        (2) the recording is substantially accurate and not
25    intentionally altered.
26    (c) Every electronic recording required under this Section



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1must be preserved until such time as the minor's adjudication
2for any offense relating to the statement is final and all
3direct and habeas corpus appeals are exhausted, or the
4prosecution of such offenses is barred by law.
5    (d) If the court finds, by a preponderance of the evidence,
6that the minor was subjected to a custodial interrogation in
7violation of this Section, then any statements made by the
8minor during or following that non-recorded custodial
9interrogation, even if otherwise in compliance with this
10Section, are presumed to be inadmissible in any criminal
11proceeding or juvenile court proceeding against the minor
12except for the purposes of impeachment.
13    (e) Nothing in this Section precludes the admission (i) of
14a statement made by the minor in open court in any criminal
15proceeding or juvenile court proceeding, before a grand jury,
16or at a preliminary hearing, (ii) of a statement made during a
17custodial interrogation that was not recorded as required by
18this Section because electronic recording was not feasible,
19(iii) of a voluntary statement, whether or not the result of a
20custodial interrogation, that has a bearing on the credibility
21of the accused as a witness, (iv) of a spontaneous statement
22that is not made in response to a question, (v) of a statement
23made after questioning that is routinely asked during the
24processing of the arrest of the suspect, (vi) of a statement
25made during a custodial interrogation by a suspect who
26requests, prior to making the statement, to respond to the



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1interrogator's questions only if an electronic recording is not
2made of the statement, provided that an electronic recording is
3made of the statement of agreeing to respond to the
4interrogator's question, only if a recording is not made of the
5statement, (vii) of a statement made during a custodial
6interrogation that is conducted out-of-state, (viii) of a
7statement given at a time when the interrogators are unaware
8that a death has in fact occurred, or (ix) of any other
9statement that may be admissible under law. The State shall
10bear the burden of proving, by a preponderance of the evidence,
11that one of the exceptions described in this subsection (e) is
12applicable. Nothing in this Section precludes the admission of
13a statement, otherwise inadmissible under this Section, that is
14used only for impeachment and not as substantive evidence.
15    (f) The presumption of inadmissibility of a statement made
16by a suspect at a custodial interrogation at a police station
17or other place of detention may be overcome by a preponderance
18of the evidence that the statement was voluntarily given and is
19reliable, based on the totality of the circumstances.
20    (g) Any electronic recording of any statement made by a
21minor during a custodial interrogation that is compiled by any
22law enforcement agency as required by this Section for the
23purposes of fulfilling the requirements of this Section shall
24be confidential and exempt from public inspection and copying,
25as provided under Section 7 of the Freedom of Information Act,
26and the information shall not be transmitted to anyone except



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1as needed to comply with this Section.
2    (h) A statement, admission, confession, or incriminating
3information made by or obtained from a minor related to the
4instant offense, as part of any behavioral health screening,
5assessment, evaluation, or treatment, whether or not
6court-ordered, shall not be admissible as evidence against the
7minor on the issue of guilt only in the instant juvenile court
8proceeding. The provisions of this subsection (h) are in
9addition to and do not override any existing statutory and
10constitutional prohibition on the admission into evidence in
11delinquency proceedings of information obtained during
12screening, assessment, or treatment.
13    The changes made to this Section by this amendatory Act of
14the 98th General Assembly apply to statements of a minor made
15on or after the effective date of this amendatory Act.
16(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
17    (705 ILCS 405/5-410)
18    Sec. 5-410. Non-secure custody or detention.
19    (1) Any minor arrested or taken into custody pursuant to
20this Act who requires care away from his or her home but who
21does not require physical restriction shall be given temporary
22care in a foster family home or other shelter facility
23designated by the court.
24    (2) (a) Any minor 10 years of age or older arrested
25pursuant to this Act where there is probable cause to believe



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1that the minor is a delinquent minor and that (i) secured
2custody is a matter of immediate and urgent necessity for the
3protection of the minor or of the person or property of
4another, (ii) the minor is likely to flee the jurisdiction of
5the court, or (iii) the minor was taken into custody under a
6warrant, may be kept or detained in an authorized detention
7facility. No minor under 12 years of age shall be detained in a
8county jail or a municipal lockup for more than 6 hours.
9    (b) The written authorization of the probation officer or
10detention officer (or other public officer designated by the
11court in a county having 3,000,000 or more inhabitants)
12constitutes authority for the superintendent of any juvenile
13detention home to detain and keep a minor for up to 40 hours,
14excluding Saturdays, Sundays and court-designated holidays.
15These records shall be available to the same persons and
16pursuant to the same conditions as are law enforcement records
17as provided in Section 5-905.
18    (b-4) The consultation required by subsection (b-5) shall
19not be applicable if the probation officer or detention officer
20(or other public officer designated by the court in a county
21having 3,000,000 or more inhabitants) utilizes a scorable
22detention screening instrument, which has been developed with
23input by the State's Attorney, to determine whether a minor
24should be detained, however, subsection (b-5) shall still be
25applicable where no such screening instrument is used or where
26the probation officer, detention officer (or other public



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1officer designated by the court in a county having 3,000,000 or
2more inhabitants) deviates from the screening instrument.
3    (b-5) Subject to the provisions of subsection (b-4), if a
4probation officer or detention officer (or other public officer
5designated by the court in a county having 3,000,000 or more
6inhabitants) does not intend to detain a minor for an offense
7which constitutes one of the following offenses he or she shall
8consult with the State's Attorney's Office prior to the release
9of the minor: first degree murder, second degree murder,
10involuntary manslaughter, criminal sexual assault, aggravated
11criminal sexual assault, aggravated battery with a firearm as
12described in Section 12-4.2 or subdivision (e)(1), (e)(2),
13(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
14battery involving permanent disability or disfigurement or
15great bodily harm, robbery, aggravated robbery, armed robbery,
16vehicular hijacking, aggravated vehicular hijacking, vehicular
17invasion, arson, aggravated arson, kidnapping, aggravated
18kidnapping, home invasion, burglary, or residential burglary.
19    (c) Except as otherwise provided in paragraph (a), (d), or
20(e), no minor shall be detained in a county jail or municipal
21lockup for more than 12 hours, unless the offense is a crime of
22violence in which case the minor may be detained up to 24
23hours. For the purpose of this paragraph, "crime of violence"
24has the meaning ascribed to it in Section 1-10 of the
25Alcoholism and Other Drug Abuse and Dependency Act.
26        (i) The period of detention is deemed to have begun



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1    once the minor has been placed in a locked room or cell or
2    handcuffed to a stationary object in a building housing a
3    county jail or municipal lockup. Time spent transporting a
4    minor is not considered to be time in detention or secure
5    custody.
6        (ii) Any minor so confined shall be under periodic
7    supervision and shall not be permitted to come into or
8    remain in contact with adults in custody in the building.
9        (iii) Upon placement in secure custody in a jail or
10    lockup, the minor shall be informed of the purpose of the
11    detention, the time it is expected to last and the fact
12    that it cannot exceed the time specified under this Act.
13        (iv) A log shall be kept which shows the offense which
14    is the basis for the detention, the reasons and
15    circumstances for the decision to detain and the length of
16    time the minor was in detention.
17        (v) Violation of the time limit on detention in a
18    county jail or municipal lockup shall not, in and of
19    itself, render inadmissible evidence obtained as a result
20    of the violation of this time limit. Minors under 18 17
21    years of age shall be kept separate from confined adults
22    and may not at any time be kept in the same cell, room or
23    yard with adults confined pursuant to criminal law. Persons
24    18 17 years of age and older who have a petition of
25    delinquency filed against them may be confined in an adult
26    detention facility. In making a determination whether to



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1    confine a person 18 17 years of age or older who has a
2    petition of delinquency filed against the person, these
3    factors, among other matters, shall be considered:
4            (A) The age of the person;
5            (B) Any previous delinquent or criminal history of
6        the person;
7            (C) Any previous abuse or neglect history of the
8        person; and
9            (D) Any mental health or educational history of the
10        person, or both.
11    (d) (i) If a minor 12 years of age or older is confined in a
12county jail in a county with a population below 3,000,000
13inhabitants, then the minor's confinement shall be implemented
14in such a manner that there will be no contact by sight, sound
15or otherwise between the minor and adult prisoners. Minors 12
16years of age or older must be kept separate from confined
17adults and may not at any time be kept in the same cell, room,
18or yard with confined adults. This paragraph (d)(i) shall only
19apply to confinement pending an adjudicatory hearing and shall
20not exceed 40 hours, excluding Saturdays, Sundays and court
21designated holidays. To accept or hold minors during this time
22period, county jails shall comply with all monitoring standards
23promulgated by the Department of Corrections and training
24standards approved by the Illinois Law Enforcement Training
25Standards Board.
26    (ii) To accept or hold minors, 12 years of age or older,



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1after the time period prescribed in paragraph (d)(i) of this
2subsection (2) of this Section but not exceeding 7 days
3including Saturdays, Sundays and holidays pending an
4adjudicatory hearing, county jails shall comply with all
5temporary detention standards promulgated by the Department of
6Corrections and training standards approved by the Illinois Law
7Enforcement Training Standards Board.
8    (iii) To accept or hold minors 12 years of age or older,
9after the time period prescribed in paragraphs (d)(i) and
10(d)(ii) of this subsection (2) of this Section, county jails
11shall comply with all programmatic and training standards for
12juvenile detention homes promulgated by the Department of
14    (e) When a minor who is at least 15 years of age is
15prosecuted under the criminal laws of this State, the court may
16enter an order directing that the juvenile be confined in the
17county jail. However, any juvenile confined in the county jail
18under this provision shall be separated from adults who are
19confined in the county jail in such a manner that there will be
20no contact by sight, sound or otherwise between the juvenile
21and adult prisoners.
22    (f) For purposes of appearing in a physical lineup, the
23minor may be taken to a county jail or municipal lockup under
24the direct and constant supervision of a juvenile police
25officer. During such time as is necessary to conduct a lineup,
26and while supervised by a juvenile police officer, the sight



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1and sound separation provisions shall not apply.
2    (g) For purposes of processing a minor, the minor may be
3taken to a County Jail or municipal lockup under the direct and
4constant supervision of a law enforcement officer or
5correctional officer. During such time as is necessary to
6process the minor, and while supervised by a law enforcement
7officer or correctional officer, the sight and sound separation
8provisions shall not apply.
9    (3) If the probation officer or State's Attorney (or such
10other public officer designated by the court in a county having
113,000,000 or more inhabitants) determines that the minor may be
12a delinquent minor as described in subsection (3) of Section
135-105, and should be retained in custody but does not require
14physical restriction, the minor may be placed in non-secure
15custody for up to 40 hours pending a detention hearing.
16    (4) Any minor taken into temporary custody, not requiring
17secure detention, may, however, be detained in the home of his
18or her parent or guardian subject to such conditions as the
19court may impose.
20    The changes made to this Section by this amendatory Act of
21the 98th General Assembly apply to a minor who has been
22arrested or taken into custody on or after the effective date
23of this amendatory Act.
24(Source: P.A. 96-1551, eff. 7-1-11.)
25    (705 ILCS 405/5-901)



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1    Sec. 5-901. Court file.
2    (1) The Court file with respect to proceedings under this
3Article shall consist of the petitions, pleadings, victim
4impact statements, process, service of process, orders, writs
5and docket entries reflecting hearings held and judgments and
6decrees entered by the court. The court file shall be kept
7separate from other records of the court.
8        (a) The file, including information identifying the
9    victim or alleged victim of any sex offense, shall be
10    disclosed only to the following parties when necessary for
11    discharge of their official duties:
12            (i) A judge of the circuit court and members of the
13        staff of the court designated by the judge;
14            (ii) Parties to the proceedings and their
15        attorneys;
16            (iii) Victims and their attorneys, except in cases
17        of multiple victims of sex offenses in which case the
18        information identifying the nonrequesting victims
19        shall be redacted;
20            (iv) Probation officers, law enforcement officers
21        or prosecutors or their staff;
22            (v) Adult and juvenile Prisoner Review Boards.
23        (b) The Court file redacted to remove any information
24    identifying the victim or alleged victim of any sex offense
25    shall be disclosed only to the following parties when
26    necessary for discharge of their official duties:



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1            (i) Authorized military personnel;
2            (ii) Persons engaged in bona fide research, with
3        the permission of the judge of the juvenile court and
4        the chief executive of the agency that prepared the
5        particular recording: provided that publication of
6        such research results in no disclosure of a minor's
7        identity and protects the confidentiality of the
8        record;
9            (iii) The Secretary of State to whom the Clerk of
10        the Court shall report the disposition of all cases, as
11        required in Section 6-204 or Section 6-205.1 of the
12        Illinois Vehicle Code. However, information reported
13        relative to these offenses shall be privileged and
14        available only to the Secretary of State, courts, and
15        police officers;
16            (iv) The administrator of a bonafide substance
17        abuse student assistance program with the permission
18        of the presiding judge of the juvenile court;
19            (v) Any individual, or any public or private agency
20        or institution, having custody of the juvenile under
21        court order or providing educational, medical or
22        mental health services to the juvenile or a
23        court-approved advocate for the juvenile or any
24        placement provider or potential placement provider as
25        determined by the court.
26    (3) A minor who is the victim or alleged victim in a



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1juvenile proceeding shall be provided the same confidentiality
2regarding disclosure of identity as the minor who is the
3subject of record. Information identifying victims and alleged
4victims of sex offenses, shall not be disclosed or open to
5public inspection under any circumstances. Nothing in this
6Section shall prohibit the victim or alleged victim of any sex
7offense from voluntarily disclosing his or her identity.
8    (4) Relevant information, reports and records shall be made
9available to the Department of Juvenile Justice when a juvenile
10offender has been placed in the custody of the Department of
11Juvenile Justice.
12    (5) Except as otherwise provided in this subsection (5),
13juvenile court records shall not be made available to the
14general public but may be inspected by representatives of
15agencies, associations and news media or other properly
16interested persons by general or special order of the court.
17The State's Attorney, the minor, his or her parents, guardian
18and counsel shall at all times have the right to examine court
19files and records.
20        (a) The court shall allow the general public to have
21    access to the name, address, and offense of a minor who is
22    adjudicated a delinquent minor under this Act under either
23    of the following circumstances:
24            (i) The adjudication of delinquency was based upon
25        the minor's commission of first degree murder, attempt
26        to commit first degree murder, aggravated criminal



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1        sexual assault, or criminal sexual assault; or
2            (ii) The court has made a finding that the minor
3        was at least 13 years of age at the time the act was
4        committed and the adjudication of delinquency was
5        based upon the minor's commission of: (A) an act in
6        furtherance of the commission of a felony as a member
7        of or on behalf of a criminal street gang, (B) an act
8        involving the use of a firearm in the commission of a
9        felony, (C) an act that would be a Class X felony
10        offense under or the minor's second or subsequent Class
11        2 or greater felony offense under the Cannabis Control
12        Act if committed by an adult, (D) an act that would be
13        a second or subsequent offense under Section 402 of the
14        Illinois Controlled Substances Act if committed by an
15        adult, (E) an act that would be an offense under
16        Section 401 of the Illinois Controlled Substances Act
17        if committed by an adult, or (F) an act that would be
18        an offense under the Methamphetamine Control and
19        Community Protection Act if committed by an adult.
20        (b) The court shall allow the general public to have
21    access to the name, address, and offense of a minor who is
22    at least 13 years of age at the time the offense is
23    committed and who is convicted, in criminal proceedings
24    permitted or required under Section 5-805, under either of
25    the following circumstances:
26            (i) The minor has been convicted of first degree



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1        murder, attempt to commit first degree murder,
2        aggravated criminal sexual assault, or criminal sexual
3        assault,
4            (ii) The court has made a finding that the minor
5        was at least 13 years of age at the time the offense
6        was committed and the conviction was based upon the
7        minor's commission of: (A) an offense in furtherance of
8        the commission of a felony as a member of or on behalf
9        of a criminal street gang, (B) an offense involving the
10        use of a firearm in the commission of a felony, (C) a
11        Class X felony offense under the Cannabis Control Act
12        or a second or subsequent Class 2 or greater felony
13        offense under the Cannabis Control Act, (D) a second or
14        subsequent offense under Section 402 of the Illinois
15        Controlled Substances Act, (E) an offense under
16        Section 401 of the Illinois Controlled Substances Act,
17        or (F) an offense under the Methamphetamine Control and
18        Community Protection Act.
19    (6) Nothing in this Section shall be construed to limit the
20use of a adjudication of delinquency as evidence in any
21juvenile or criminal proceeding, where it would otherwise be
22admissible under the rules of evidence, including but not
23limited to, use as impeachment evidence against any witness,
24including the minor if he or she testifies.
25    (7) Nothing in this Section shall affect the right of a
26Civil Service Commission or appointing authority examining the



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1character and fitness of an applicant for a position as a law
2enforcement officer to ascertain whether that applicant was
3ever adjudicated to be a delinquent minor and, if so, to
4examine the records or evidence which were made in proceedings
5under this Act.
6    (8) Following any adjudication of delinquency for a crime
7which would be a felony if committed by an adult, or following
8any adjudication of delinquency for a violation of Section
924-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the State's Attorney shall ascertain
11whether the minor respondent is enrolled in school and, if so,
12shall provide a copy of the sentencing order to the principal
13or chief administrative officer of the school. Access to such
14juvenile records shall be limited to the principal or chief
15administrative officer of the school and any guidance counselor
16designated by him or her.
17    (9) Nothing contained in this Act prevents the sharing or
18disclosure of information or records relating or pertaining to
19juveniles subject to the provisions of the Serious Habitual
20Offender Comprehensive Action Program when that information is
21used to assist in the early identification and treatment of
22habitual juvenile offenders.
23    (11) The Clerk of the Circuit Court shall report to the
24Department of State Police, in the form and manner required by
25the Department of State Police, the final disposition of each
26minor who has been arrested or taken into custody before his or



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1her 18th 17th birthday for those offenses required to be
2reported under Section 5 of the Criminal Identification Act.
3Information reported to the Department under this Section may
4be maintained with records that the Department files under
5Section 2.1 of the Criminal Identification Act.
6    (12) Information or records may be disclosed to the general
7public when the court is conducting hearings under Section
85-805 or 5-810.
9    The changes made to this Section by this amendatory Act of
10the 98th General Assembly apply to juvenile court records of a
11minor who has been arrested or taken into custody on or after
12the effective date of this amendatory Act.
13(Source: P.A. 97-1150, eff. 1-25-13.)".