Full Text of HB5862 98th General Assembly
HB5862 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5862 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-125 |
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705 ILCS 405/5-901 |
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705 ILCS 405/5-905 |
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705 ILCS 405/5-910 |
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705 ILCS 405/5-915 |
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Amends the Juvenile Court Act of 1987. Provides that law enforcement, social investigation, psychological and medical records, and court records of a minor charged with a municipal or county ordinance violation are confidential and subject to the same disclosure requirements as juvenile court, social investigation, psychological, and medical records of a minor, and juvenile law enforcement records. Provides that these records are subject to juvenile expungement provisions. Excludes from the confidentiality provisions, records of a minor charged with an ordinance violation regulating the parking, standing, operation, or use of a motor vehicle, that is punished as a petty offense, business offense, or Class C misdemeanor.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | 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 5-125, 5-901, 5-905, 5-910, and 5-915 as | 6 | | follows:
| 7 | | (705 ILCS 405/5-125)
| 8 | | Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | 9 | | have violated a traffic, boating, or fish and game law,
or a | 10 | | municipal or county ordinance, may be prosecuted for the | 11 | | violation and if
found
guilty punished under any statute or | 12 | | ordinance relating to the violation,
without reference to the | 13 | | procedures set out in this Article, except that any
detention, | 14 | | must be in compliance with this Article and except that any law | 15 | | enforcement, social investigation, psychological and medical | 16 | | records, and court records concerning a municipal or county | 17 | | ordinance violation by a minor shall be confidential. As used | 18 | | in this Section and Sections 5-901, 5-905, 5-910, and 5-915, | 19 | | "municipal or county ordinance violation" does not include a | 20 | | petty
offense, business offense, or Class C misdemeanor under a | 21 | | municipal or county ordinance regulating the parking, | 22 | | standing, operation, or use of a motor vehicle .
| 23 | | For the purpose of this Section, "traffic violation" shall |
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| 1 | | include a
violation of Section 9-3 of the Criminal Code of 1961 | 2 | | or the Criminal Code of 2012 relating to the offense
of
| 3 | | reckless homicide, Section 11-501 of the Illinois Vehicle Code, | 4 | | or any similar
county or municipal ordinance.
| 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (705 ILCS 405/5-901)
| 7 | | Sec. 5-901. Court file.
| 8 | | (1) The Court file with respect to proceedings under this
| 9 | | Article and under the criminal laws of this State concerning a | 10 | | minor charged with a municipal or county ordinance violation | 11 | | shall consist of the petitions, pleadings, victim impact | 12 | | statements,
process,
service of process, orders, writs and | 13 | | docket entries reflecting hearings held
and judgments and | 14 | | decrees entered by the court. The court file shall be
kept | 15 | | separate from other records of the court.
| 16 | | (a) The file, including information identifying the | 17 | | victim or alleged
victim of any sex
offense, shall be | 18 | | disclosed only to the following parties when necessary for
| 19 | | discharge of their official duties:
| 20 | | (i) A judge of the circuit court and members of the | 21 | | staff of the court
designated by the judge;
| 22 | | (ii) Parties to the proceedings and their | 23 | | attorneys;
| 24 | | (iii) Victims and their attorneys, except in cases | 25 | | of multiple victims
of
sex offenses in which case the |
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| 1 | | information identifying the nonrequesting
victims | 2 | | shall be redacted;
| 3 | | (iv) Probation officers, law enforcement officers | 4 | | or prosecutors or
their
staff;
| 5 | | (v) Adult and juvenile Prisoner Review Boards.
| 6 | | (b) The Court file redacted to remove any information | 7 | | identifying the
victim or alleged victim of any sex offense | 8 | | shall be disclosed only to the
following parties when | 9 | | necessary for discharge of their official duties:
| 10 | | (i) Authorized military personnel;
| 11 | | (ii) Persons engaged in bona fide research, with | 12 | | the permission of the
judge of the juvenile court and | 13 | | the chief executive of the agency that prepared
the
| 14 | | particular recording: provided that publication of | 15 | | such research results in no
disclosure of a minor's | 16 | | identity and protects the confidentiality of the
| 17 | | record;
| 18 | | (iii) The Secretary of State to whom the Clerk of | 19 | | the Court shall report
the disposition of all cases, as | 20 | | required in Section 6-204 or Section 6-205.1
of the | 21 | | Illinois
Vehicle Code. However, information reported | 22 | | relative to these offenses shall
be privileged and | 23 | | available only to the Secretary of State, courts, and | 24 | | police
officers;
| 25 | | (iv) The administrator of a bonafide substance | 26 | | abuse student
assistance program with the permission |
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| 1 | | of the presiding judge of the
juvenile court;
| 2 | | (v) Any individual, or any public or private agency | 3 | | or institution,
having
custody of the juvenile under | 4 | | court order or providing educational, medical or
| 5 | | mental health services to the juvenile or a | 6 | | court-approved advocate for the
juvenile or any | 7 | | placement provider or potential placement provider as
| 8 | | determined by the court.
| 9 | | (3) A minor who is the victim or alleged victim in a | 10 | | juvenile proceeding
shall be
provided the same confidentiality | 11 | | regarding disclosure of identity as the
minor who is the | 12 | | subject of record.
Information identifying victims and alleged | 13 | | victims of sex offenses,
shall not be disclosed or open to | 14 | | public inspection under any circumstances.
Nothing in this | 15 | | Section shall prohibit the victim or alleged victim of any sex
| 16 | | offense from voluntarily disclosing his or her identity.
| 17 | | (4) Relevant information, reports and records shall be made | 18 | | available to the
Department of
Juvenile Justice when a juvenile | 19 | | offender has been placed in the custody of the
Department of | 20 | | Juvenile Justice.
| 21 | | (5) Except as otherwise provided in this subsection (5), | 22 | | juvenile court
records shall not be made available to the | 23 | | general public
but may be inspected by representatives of | 24 | | agencies, associations and news
media or other properly | 25 | | interested persons by general or special order of
the court. | 26 | | The State's Attorney, the minor, his or her parents, guardian |
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| 1 | | and
counsel
shall at all times have the right to examine court | 2 | | files and records.
| 3 | | (a) The
court shall allow the general public to have | 4 | | access to the name, address, and
offense of a minor
who is | 5 | | adjudicated a delinquent minor under this Act under either | 6 | | of the
following circumstances:
| 7 | | (i) The
adjudication of
delinquency was based upon | 8 | | the
minor's
commission of first degree murder, attempt | 9 | | to commit first degree
murder, aggravated criminal | 10 | | sexual assault, or criminal sexual assault; or
| 11 | | (ii) The court has made a finding that the minor | 12 | | was at least 13 years
of
age
at the time the act was | 13 | | committed and the adjudication of delinquency was | 14 | | based
upon the minor's commission of: (A)
an act in | 15 | | furtherance of the commission of a felony as a member | 16 | | of or on
behalf of a criminal street
gang, (B) an act | 17 | | involving the use of a firearm in the commission of a
| 18 | | felony, (C) an act that would be a Class X felony | 19 | | offense
under or
the minor's second or subsequent
Class | 20 | | 2 or greater felony offense under the Cannabis Control | 21 | | Act if committed
by an adult,
(D) an act that would be | 22 | | a second or subsequent offense under Section 402 of
the | 23 | | Illinois Controlled Substances Act if committed by an | 24 | | adult, (E) an act
that would be an offense under | 25 | | Section 401 of the Illinois Controlled
Substances Act | 26 | | if committed by an adult, or (F) an act that would be |
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| 1 | | an offense under the Methamphetamine Control and | 2 | | Community Protection Act if committed by an adult.
| 3 | | (b) The court
shall allow the general public to have | 4 | | access to the name, address, and offense
of a minor who is | 5 | | at least 13 years of age at
the time the offense
is | 6 | | committed and who is convicted, in criminal proceedings
| 7 | | permitted or required under Section 5-805, under either of
| 8 | | the following
circumstances:
| 9 | | (i) The minor has been convicted of first degree | 10 | | murder, attempt
to commit first degree
murder, | 11 | | aggravated criminal sexual
assault, or criminal sexual | 12 | | assault,
| 13 | | (ii) The court has made a finding that the minor | 14 | | was at least 13 years
of age
at the time the offense | 15 | | was committed and the conviction was based upon the
| 16 | | minor's commission of: (A)
an offense in
furtherance of | 17 | | the commission of a felony as a member of or on behalf | 18 | | of a
criminal street gang, (B) an offense
involving the | 19 | | use of a firearm in the commission of a felony, (C)
a | 20 | | Class X felony offense under the Cannabis Control Act | 21 | | or a second or
subsequent Class 2 or
greater felony | 22 | | offense under the Cannabis Control Act, (D) a
second or | 23 | | subsequent offense under Section 402 of the Illinois
| 24 | | Controlled Substances Act, (E) an offense under | 25 | | Section 401 of the Illinois
Controlled Substances Act, | 26 | | or (F) an offense under the Methamphetamine Control and |
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| 1 | | Community Protection Act.
| 2 | | (6) Nothing in this Section shall be construed to limit the | 3 | | use of a
adjudication of delinquency as
evidence in any | 4 | | juvenile or criminal proceeding, where it would otherwise be
| 5 | | admissible under the rules of evidence, including but not | 6 | | limited to, use as
impeachment evidence against any witness, | 7 | | including the minor if he or she
testifies.
| 8 | | (7) Nothing in this Section shall affect the right of a | 9 | | Civil Service
Commission or appointing authority examining the | 10 | | character and fitness of
an applicant for a position as a law | 11 | | enforcement officer to ascertain
whether that applicant was | 12 | | ever adjudicated to be a delinquent minor and,
if so, to | 13 | | examine the records or evidence which were made in
proceedings | 14 | | under this Act.
| 15 | | (8) Following any adjudication of delinquency for a crime | 16 | | which would be
a felony if committed by an adult, or following | 17 | | any adjudication of delinquency
for a violation of Section | 18 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 20 | | whether the minor respondent is enrolled in school and, if so, | 21 | | shall provide
a copy of the sentencing order to the principal | 22 | | or chief administrative
officer of the school. Access to such | 23 | | juvenile records shall be limited
to the principal or chief | 24 | | administrative officer of the school and any guidance
counselor | 25 | | designated by him or her.
| 26 | | (9) Nothing contained in this Act prevents the sharing or
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| 1 | | disclosure of information or records relating or pertaining to | 2 | | juveniles
subject to the provisions of the Serious Habitual | 3 | | Offender Comprehensive
Action Program when that information is | 4 | | used to assist in the early
identification and treatment of | 5 | | habitual juvenile offenders.
| 6 | | (11) The Clerk of the Circuit Court shall report to the | 7 | | Department of
State
Police, in the form and manner required by | 8 | | the Department of State Police, the
final disposition of each | 9 | | minor who has been arrested or taken into custody
before his or | 10 | | her 18th birthday for those offenses required to be reported
| 11 | | under Section 5 of the Criminal Identification Act. Information | 12 | | reported to
the Department under this Section may be maintained | 13 | | with records that the
Department files under Section 2.1 of the | 14 | | Criminal Identification Act.
| 15 | | (12) Information or records may be disclosed to the general | 16 | | public when the
court is conducting hearings under Section | 17 | | 5-805 or 5-810.
| 18 | | (13) The changes made to this Section by Public Act 98-61 | 19 | | this amendatory Act of the 98th General Assembly apply to | 20 | | juvenile court records of a minor who has been arrested or | 21 | | taken into custody on or after January 1, 2014 ( the effective | 22 | | date of Public Act 98-61) this amendatory Act . | 23 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | 24 | | revised 11-22-13.)
| 25 | | (705 ILCS 405/5-905)
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| 1 | | Sec. 5-905. Law enforcement records.
| 2 | | (1) Law Enforcement Records.
Inspection and copying of law | 3 | | enforcement records maintained by law enforcement
agencies | 4 | | that relate to a minor who has been arrested or taken into | 5 | | custody
before his or her 18th birthday , including law | 6 | | enforcement records of a minor charged with a municipal or | 7 | | county ordinance violation, shall be restricted to the | 8 | | following and when
necessary for the discharge of their | 9 | | official duties:
| 10 | | (a) A judge of the circuit court and members of the | 11 | | staff of the court
designated by the judge;
| 12 | | (b) Law enforcement officers, probation officers or | 13 | | prosecutors or their
staff, or, when necessary for the | 14 | | discharge of its official duties in connection with a | 15 | | particular investigation of the conduct of a law | 16 | | enforcement officer, an independent agency or its staff | 17 | | created by ordinance and charged by a unit of local | 18 | | government with the duty of investigating the conduct of | 19 | | law enforcement officers;
| 20 | | (c) The minor, the minor's parents or legal guardian | 21 | | and their attorneys,
but only when the juvenile has been | 22 | | charged with an offense;
| 23 | | (d) Adult and Juvenile Prisoner Review Boards;
| 24 | | (e) Authorized military personnel;
| 25 | | (f) Persons engaged in bona fide research, with the | 26 | | permission of the
judge of juvenile court and the chief |
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| 1 | | executive of the agency that prepared the
particular | 2 | | recording: provided that publication of such research | 3 | | results in no
disclosure of a minor's identity and protects | 4 | | the confidentiality of the
record;
| 5 | | (g) Individuals responsible for supervising or | 6 | | providing temporary or
permanent care and custody of minors | 7 | | pursuant to orders of the juvenile court
or directives from | 8 | | officials of the Department of Children and Family
Services | 9 | | or the Department of Human Services who certify in writing | 10 | | that the
information will not be disclosed to any other | 11 | | party except as provided under
law or order of court;
| 12 | | (h) The appropriate school official only if the agency | 13 | | or officer believes that there is an imminent threat of | 14 | | physical harm to students, school personnel, or others who | 15 | | are present in the school or on school grounds. | 16 | | (A) Inspection and copying
shall be limited to law | 17 | | enforcement records transmitted to the appropriate
| 18 | | school official or officials whom the school has | 19 | | determined to have a legitimate educational or safety | 20 | | interest by a local law enforcement agency under a | 21 | | reciprocal reporting
system established and maintained | 22 | | between the school district and the local law
| 23 | | enforcement agency under Section 10-20.14 of the | 24 | | School Code concerning a minor
enrolled in a school | 25 | | within the school district who has been arrested
or | 26 | | taken into custody for any of the following offenses: |
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| 1 | | (i) any violation of Article 24 of the Criminal | 2 | | Code of
1961 or the Criminal Code of 2012; | 3 | | (ii) a violation of the Illinois Controlled | 4 | | Substances Act; | 5 | | (iii) a violation of the Cannabis Control Act; | 6 | | (iv) a forcible felony as defined in Section | 7 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 8 | | Code of 2012; | 9 | | (v) a violation of the Methamphetamine Control | 10 | | and Community Protection Act; | 11 | | (vi) a violation of Section 1-2 of the | 12 | | Harassing and Obscene Communications Act; | 13 | | (vii) a violation of the Hazing Act; or | 14 | | (viii) a violation of Section 12-1, 12-2, | 15 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 16 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012. | 18 | | The information derived from the law enforcement | 19 | | records shall be kept separate from and shall not | 20 | | become a part of the official school record of that | 21 | | child and shall not be a public record. The information | 22 | | shall be used solely by the appropriate school official | 23 | | or officials whom the school has determined to have a | 24 | | legitimate educational or safety interest to aid in the | 25 | | proper rehabilitation of the child and to protect the | 26 | | safety of students and employees in the school. If the |
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| 1 | | designated law enforcement and school officials deem | 2 | | it to be in the best interest of the minor, the student | 3 | | may be referred to in-school or community based social | 4 | | services if those services are available. | 5 | | "Rehabilitation services" may include interventions by | 6 | | school support personnel, evaluation for eligibility | 7 | | for special education, referrals to community-based | 8 | | agencies such as youth services, behavioral healthcare | 9 | | service providers, drug and alcohol prevention or | 10 | | treatment programs, and other interventions as deemed | 11 | | appropriate for the student. | 12 | | (B) Any information provided to appropriate school | 13 | | officials whom the school has determined to have a | 14 | | legitimate educational or safety interest by local law | 15 | | enforcement officials about a minor who is the subject | 16 | | of a current police investigation that is directly | 17 | | related to school safety shall consist of oral | 18 | | information only, and not written law enforcement | 19 | | records, and shall be used solely by the appropriate | 20 | | school official or officials to protect the safety of | 21 | | students and employees in the school and aid in the | 22 | | proper rehabilitation of the child. The information | 23 | | derived orally from the local law enforcement | 24 | | officials shall be kept separate from and shall not | 25 | | become a part of the official school record of the | 26 | | child and shall not be a public record. This limitation |
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| 1 | | on the use of information about a minor who is the | 2 | | subject of a current police investigation shall in no | 3 | | way limit the use of this information by prosecutors in | 4 | | pursuing criminal charges arising out of the | 5 | | information disclosed during a police investigation of | 6 | | the minor. For purposes of this paragraph, | 7 | | "investigation" means an official systematic inquiry | 8 | | by a law enforcement agency into actual or suspected | 9 | | criminal activity;
| 10 | | (i) The president of a park district. Inspection and | 11 | | copying shall be limited to law enforcement records | 12 | | transmitted to the president of the park district by the | 13 | | Illinois State Police under Section 8-23 of the Park | 14 | | District Code or Section 16a-5 of the Chicago Park District | 15 | | Act concerning a person who is seeking employment with that | 16 | | park district and who has been adjudicated a juvenile | 17 | | delinquent for any of the offenses listed in subsection (c) | 18 | | of Section 8-23 of the Park District Code or subsection (c) | 19 | | of Section 16a-5 of the Chicago Park District Act. | 20 | | (2) Information identifying victims and alleged victims of | 21 | | sex offenses,
shall not be disclosed or open to public | 22 | | inspection under any circumstances.
Nothing in this Section | 23 | | shall prohibit the victim or alleged victim of any sex
offense | 24 | | from voluntarily disclosing his or her identity.
| 25 | | (2.5) If the minor is a victim of aggravated battery, | 26 | | battery, attempted first degree murder, or other non-sexual |
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| 1 | | violent offense, the identity of the victim may be disclosed to | 2 | | appropriate school officials, for the purpose of preventing | 3 | | foreseeable future violence involving minors, by a local law | 4 | | enforcement agency pursuant to an agreement established | 5 | | between the school district and a local law enforcement agency | 6 | | subject to the approval by the presiding judge of the juvenile | 7 | | court. | 8 | | (3) Relevant information, reports and records shall be made | 9 | | available to the
Department of Juvenile Justice when a juvenile | 10 | | offender has been placed in the
custody of the Department of | 11 | | Juvenile Justice.
| 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, or of an | 20 | | independent agency created by ordinance and charged by a unit | 21 | | of local government with the duty of investigating the conduct | 22 | | of law enforcement officers, concerning all minors under
18 | 23 | | years of age must be maintained separate from the records of | 24 | | adults and
may not be open to public inspection or their | 25 | | contents disclosed to the
public except by order of the court | 26 | | or when the institution of criminal
proceedings has been |
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| 1 | | permitted under Section 5-130 or 5-805 or required
under | 2 | | Section
5-130 or 5-805 or such a person has been convicted of a | 3 | | crime and is the
subject of
pre-sentence investigation or when | 4 | | provided by law.
| 5 | | (6) Except as otherwise provided in this subsection (6), | 6 | | law enforcement
officers, and personnel of an independent | 7 | | agency created by ordinance and charged by a unit of local | 8 | | government with the duty of investigating the conduct of law | 9 | | enforcement officers, may not disclose the identity of any | 10 | | minor
in releasing information to the general public as to the | 11 | | arrest, investigation
or disposition of any case involving a | 12 | | minor.
Any victim or parent or legal guardian of a victim may | 13 | | petition the court to
disclose the name and address of the | 14 | | minor and the minor's parents or legal
guardian, or both. Upon | 15 | | a finding by clear and convincing evidence that the
disclosure | 16 | | is either necessary for the victim to pursue a civil remedy | 17 | | against
the minor or the minor's parents or legal guardian, or | 18 | | both, or to protect the
victim's person or property from the | 19 | | minor, then the court may order the
disclosure of the | 20 | | information to the victim or to the parent or legal guardian
of | 21 | | the victim only for the purpose of the victim pursuing a civil | 22 | | remedy
against the minor or the minor's parents or legal | 23 | | guardian, or both, or to
protect the victim's person or | 24 | | property from the minor.
| 25 | | (7) Nothing contained in this Section shall prohibit law | 26 | | enforcement
agencies when acting in their official capacity |
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| 1 | | from communicating with each
other by letter, memorandum, | 2 | | teletype or
intelligence alert bulletin or other means the | 3 | | identity or other relevant
information pertaining to a person | 4 | | under 18 years of age. The information
provided under this | 5 | | subsection (7) shall remain confidential and shall not
be | 6 | | publicly disclosed, except as otherwise allowed by law.
| 7 | | (8) No person shall disclose information under this Section | 8 | | except when
acting in his or her official capacity and as | 9 | | provided by law or order of
court.
| 10 | | (9) The changes made to this Section by Public Act 98-61 | 11 | | this amendatory Act of the 98th General Assembly apply to law | 12 | | enforcement records of a minor who has been arrested or taken | 13 | | into custody on or after January 1, 2014 ( the effective date of | 14 | | Public Act 98-61) this amendatory Act . | 15 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | 16 | | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; revised 11-22-13.)
| 17 | | (705 ILCS 405/5-910)
| 18 | | Sec. 5-910. Social, psychological and medical records.
| 19 | | (1) The social investigation, psychological and medical | 20 | | records of any
juvenile offender
and of a minor charged with a | 21 | | municipal or county ordinance violation shall be privileged and | 22 | | shall not be disclosed except:
| 23 | | (a) upon the written consent of the former juvenile or, | 24 | | if the juvenile
offender is under 18 years of age, by the | 25 | | parent of the juvenile; or
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| 1 | | (b) upon a determination by the head of the treatment | 2 | | facility, who has
the records, that disclosure to another | 3 | | individual or facility providing
treatment to the minor is | 4 | | necessary for the further treatment of the
juvenile | 5 | | offender; or
| 6 | | (c) when any court having jurisdiction of the juvenile | 7 | | offender orders
disclosure; or
| 8 | | (d) when requested by any attorney representing the
| 9 | | juvenile offender, but the records shall not be further | 10 | | disclosed by the
attorney unless approved by the court or | 11 | | presented as admissible evidence; or
| 12 | | (e) upon a written request of a juvenile probation | 13 | | officer in regard to an
alleged juvenile
offender when the | 14 | | information is needed for screening and assessment | 15 | | purposes,
for preparation of a social investigation or | 16 | | presentence investigation,
or placement decisions; but the | 17 | | records shall not be further disclosed by the
probation | 18 | | officer unless approved by the court; or
| 19 | | (f) when the State's Attorney requests a copy of the | 20 | | social investigation
for use at a sentencing hearing or | 21 | | upon written request of the State's Attorney
for | 22 | | psychological or medical records when the minor contests | 23 | | his fitness for
trial or relies on an affirmative defense | 24 | | of intoxication or insanity.
| 25 | | (2) Willful violation of this Section is a Class C | 26 | | misdemeanor.
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| 1 | | (3) Nothing in this Section shall operate to extinguish any | 2 | | rights of a
juvenile offender established by attorney-client, | 3 | | physician-patient,
psychologist-client or social worker-client | 4 | | privileges except as otherwise
provided by law.
| 5 | | (Source: P.A. 90-590, eff. 1-1-99.)
| 6 | | (705 ILCS 405/5-915)
| 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | court records.
| 9 | | For purposes of this Section and Section 5-622, the | 10 | | expungement of law enforcement and court records of a minor | 11 | | charged with a municipal or county ordinance violation shall be | 12 | | governed by this Section and not Section 5.2 of the Criminal | 13 | | Identification Act. | 14 | | (0.05) For purposes of this Section and Section 5-622: | 15 | | "Expunge" means to physically destroy the records and | 16 | | to obliterate the minor's name from any official index or | 17 | | public record, or both. Nothing in this Act shall require | 18 | | the physical destruction of the internal office records, | 19 | | files, or databases maintained by a State's Attorney's | 20 | | Office or other prosecutor. | 21 | | "Law enforcement record" includes but is not limited to | 22 | | records of arrest, station adjustments, fingerprints, | 23 | | probation adjustments, the issuance of a notice to appear, | 24 | | or any other records maintained by a law enforcement agency | 25 | | relating to a minor suspected of committing an offense. |
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| 1 | | (1) Whenever any person has attained the age of 18 or | 2 | | whenever all juvenile
court proceedings relating to that person | 3 | | have been terminated, whichever is
later, the person may | 4 | | petition the court to expunge law enforcement records
relating | 5 | | to incidents occurring before his or her 18th birthday or his | 6 | | or her
juvenile court
records, or both, but only in the | 7 | | following circumstances:
| 8 | | (a) the minor was arrested and no petition for | 9 | | delinquency was filed with
the clerk of the circuit court; | 10 | | or
| 11 | | (b) the minor was charged with an offense and was found | 12 | | not delinquent of
that offense; or
| 13 | | (c) the minor was placed under supervision pursuant to | 14 | | Section 5-615, and
the order of
supervision has since been | 15 | | successfully terminated; or
| 16 | | (d)
the minor was adjudicated for an offense which | 17 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 18 | | petty or business offense if committed by an adult.
| 19 | | (2) Any person may petition the court to expunge all law | 20 | | enforcement records
relating to any
incidents occurring before | 21 | | his or her 18th birthday which did not result in
proceedings in | 22 | | criminal court and all juvenile court records with respect to
| 23 | | any adjudications except those based upon first degree
murder | 24 | | and
sex offenses which would be felonies if committed by an | 25 | | adult, if the person
for whom expungement is sought has had no
| 26 | | convictions for any crime since his or her 18th birthday and:
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| 1 | | (a) has attained the age of 21 years; or
| 2 | | (b) 5 years have elapsed since all juvenile court | 3 | | proceedings relating to
him or her have been terminated or | 4 | | his or her commitment to the Department of
Juvenile Justice
| 5 | | pursuant to this Act has been terminated;
| 6 | | whichever is later of (a) or (b). Nothing in this Section 5-915 | 7 | | precludes a minor from obtaining expungement under Section | 8 | | 5-622. | 9 | | (2.5) If a minor is arrested and no petition for | 10 | | delinquency is filed with the clerk of the circuit court as | 11 | | provided in paragraph (a) of subsection (1) at the time the | 12 | | minor is released from custody, the youth officer, if | 13 | | applicable, or other designated person from the arresting | 14 | | agency, shall notify verbally and in writing to the minor or | 15 | | the minor's parents or guardians that if the State's Attorney | 16 | | does not file a petition for delinquency, the minor has a right | 17 | | to petition to have his or her arrest record expunged when the | 18 | | minor attains the age of 18 or when all juvenile court | 19 | | proceedings relating to that minor have been terminated and | 20 | | that unless a petition to expunge is filed, the minor shall | 21 | | have an arrest record and shall provide the minor and the | 22 | | minor's parents or guardians with an expungement information | 23 | | packet, including a petition to expunge juvenile records | 24 | | obtained from the clerk of the circuit court. | 25 | | (2.6) If a minor is charged with an offense and is found | 26 | | not delinquent of that offense; or if a minor is placed under |
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| 1 | | supervision under Section 5-615, and the order of supervision | 2 | | is successfully terminated; or if a minor is adjudicated for an | 3 | | offense that would be a Class B misdemeanor, a Class C | 4 | | misdemeanor, or a business or petty offense if committed by an | 5 | | adult; or if a minor has incidents occurring before his or her | 6 | | 18th birthday that have not resulted in proceedings in criminal | 7 | | court, or resulted in proceedings in juvenile court, and the | 8 | | adjudications were not based upon first degree murder or sex | 9 | | offenses that would be felonies if committed by an adult; then | 10 | | at the time of sentencing or dismissal of the case, the judge | 11 | | shall inform the delinquent minor of his or her right to | 12 | | petition for expungement as provided by law, and the clerk of | 13 | | the circuit court shall provide an expungement information | 14 | | packet to the delinquent minor, written in plain language, | 15 | | including a petition for expungement, a sample of a completed | 16 | | petition, expungement instructions that shall include | 17 | | information informing the minor that (i) once the case is | 18 | | expunged, it shall be treated as if it never occurred, (ii) he | 19 | | or she may apply to have petition fees waived, (iii) once he or | 20 | | she obtains an expungement, he or she may not be required to | 21 | | disclose that he or she had a juvenile record, and (iv) he or | 22 | | she may file the petition on his or her own or with the | 23 | | assistance of an attorney. The failure of the judge to inform | 24 | | the delinquent minor of his or her right to petition for | 25 | | expungement as provided by law does not create a substantive | 26 | | right, nor is that failure grounds for: (i) a reversal of an |
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| 1 | | adjudication of delinquency, (ii) a new trial; or (iii) an | 2 | | appeal. | 3 | | (2.7) For counties with a population over 3,000,000, the | 4 | | clerk of the circuit court shall send a "Notification of a | 5 | | Possible Right to Expungement" post card to the minor at the | 6 | | address last received by the clerk of the circuit court on the | 7 | | date that the minor attains the age of 18 based on the | 8 | | birthdate provided to the court by the minor or his or her | 9 | | guardian in cases under paragraphs (b), (c), and (d) of | 10 | | subsection (1); and when the minor attains the age of 21 based | 11 | | on the birthdate provided to the court by the minor or his or | 12 | | her guardian in cases under subsection (2). | 13 | | (2.8) The petition for expungement for subsection (1) shall | 14 | | be substantially in the following form: | 15 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 16 | | ........ JUDICIAL CIRCUIT
| 17 | | IN THE INTEREST OF ) NO.
| 18 | | )
| 19 | | )
| 20 | | ...................)
| 21 | | (Name of Petitioner) | 22 | | PETITION TO EXPUNGE JUVENILE RECORDS | 23 | | (705 ILCS 405/5-915 (SUBSECTION 1)) | 24 | | (Please prepare a separate petition for each offense) |
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| 1 | | Now comes ............., petitioner, and respectfully requests
| 2 | | that this Honorable Court enter an order expunging all juvenile | 3 | | law enforcement and court records of petitioner and in support | 4 | | thereof states that:
Petitioner has attained the age of 18, | 5 | | his/her birth date being ......, or all
Juvenile Court | 6 | | proceedings terminated as of ......, whichever occurred later.
| 7 | | Petitioner was arrested on ..... by the ....... Police | 8 | | Department for the offense of ......., and:
| 9 | | (Check One:)
| 10 | | ( ) a. no petition was filed with the Clerk of the Circuit | 11 | | Court. | 12 | | ( ) b. was charged with ...... and was found not delinquent
of | 13 | | the offense. | 14 | | ( ) c. a petition was filed and the petition was dismissed | 15 | | without a finding of delinquency on ..... | 16 | | ( ) d. on ....... placed under supervision pursuant to Section | 17 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 18 | | supervision successfully terminated on ........ | 19 | | ( ) e. was adjudicated for the offense, which would have been a | 20 | | Class B misdemeanor, a Class C misdemeanor, or a petty offense | 21 | | or business offense if committed by an adult.
| 22 | | Petitioner .... has .... has not been arrested on charges in | 23 | | this or any county other than the charges listed above. If | 24 | | petitioner has been arrested on additional charges, please list | 25 | | the charges below:
| 26 | | Charge(s): ...... |
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| 1 | | Arresting Agency or Agencies: ........... | 2 | | Disposition/Result: (choose from a. through e., above): .....
| 3 | | WHEREFORE, the petitioner respectfully requests this Honorable | 4 | | Court to (1) order all law enforcement agencies to expunge all | 5 | | records of petitioner to this incident, and (2) to order the | 6 | | Clerk of the Court to expunge all records concerning the | 7 | | petitioner regarding this incident. | 8 | | ......................
| 9 | | Petitioner (Signature)
| 10 | | ..........................
| 11 | | Petitioner's Street Address
| 12 | | .....................
| 13 | | City, State, Zip Code
| 14 | | .............................
| 15 | | Petitioner's Telephone Number
| 16 | | Pursuant to the penalties of perjury under the Code of Civil | 17 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 18 | | statements in this petition are true and correct, or on | 19 | | information and belief I believe the same to be true. | 20 | | ......................
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| 1 | | Petitioner (Signature)
| 2 | | The Petition for Expungement for subsection (2) shall be | 3 | | substantially in the following form: | 4 | | IN THE CIRCUIT COURT OF ........, ILLINOIS | 5 | | ........ JUDICIAL CIRCUIT | 6 | | IN THE INTEREST OF ) NO.
| 7 | | )
| 8 | | )
| 9 | | ...................)
| 10 | | (Name of Petitioner) | 11 | | PETITION TO EXPUNGE JUVENILE RECORDS
| 12 | | (705 ILCS 405/5-915 (SUBSECTION 2))
| 13 | | (Please prepare a separate petition for each offense)
| 14 | | Now comes ............, petitioner, and respectfully requests | 15 | | that this Honorable Court enter an order expunging all Juvenile | 16 | | Law Enforcement and Court records of petitioner and in support | 17 | | thereof states that: | 18 | | The incident for which the Petitioner seeks expungement | 19 | | occurred before the Petitioner's 18th birthday and did not | 20 | | result in proceedings in criminal court and the Petitioner has | 21 | | not had any convictions for any crime since his/her 18th | 22 | | birthday; and
| 23 | | The incident for which the Petitioner seeks expungement |
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| 1 | | occurred before the Petitioner's 18th birthday and the | 2 | | adjudication was not based upon first-degree murder or sex | 3 | | offenses which would be felonies if committed by an adult, and | 4 | | the Petitioner has not had any convictions for any crime since | 5 | | his/her 18th birthday. | 6 | | Petitioner was arrested on ...... by the ....... Police | 7 | | Department for the offense of ........, and: | 8 | | (Check whichever one occurred the latest:) | 9 | | ( ) a. The Petitioner has attained the age of 21 years, his/her | 10 | | birthday being .......; or | 11 | | ( ) b. 5 years have elapsed since all juvenile court | 12 | | proceedings relating to the Petitioner have been terminated; or | 13 | | the Petitioner's commitment to the Department of Juvenile | 14 | | Justice
pursuant to the expungement of juvenile law enforcement | 15 | | and court records provisions of the Juvenile Court Act of 1987 | 16 | | has been terminated.
Petitioner ...has ...has not been arrested | 17 | | on charges in this or any other county other than the charge | 18 | | listed above. If petitioner has been arrested on additional | 19 | | charges, please list the charges below: | 20 | | Charge(s): .......... | 21 | | Arresting Agency or Agencies: ....... | 22 | | Disposition/Result: (choose from a or b, above): .......... | 23 | | WHEREFORE, the petitioner respectfully requests this Honorable | 24 | | Court to (1) order all law enforcement agencies to expunge all | 25 | | records of petitioner related to this incident, and (2) to | 26 | | order the Clerk of the Court to expunge all records concerning |
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| 1 | | the petitioner regarding this incident. | 2 | | .......................
| 3 | | Petitioner (Signature)
| 4 | | ......................
| 5 | | Petitioner's Street Address
| 6 | | .....................
| 7 | | City, State, Zip Code
| 8 | | .............................
| 9 | | Petitioner's Telephone Number
| 10 | | Pursuant to the penalties of perjury under the Code of Civil | 11 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 12 | | statements in this petition are true and correct, or on | 13 | | information and belief I believe the same to be true. | 14 | | ......................
| 15 | | Petitioner (Signature)
| 16 | | (3) The chief judge of the circuit in which an arrest was | 17 | | made or a charge
was brought or any
judge of that circuit | 18 | | designated by the chief judge
may, upon verified petition
of a | 19 | | person who is the subject of an arrest or a juvenile court | 20 | | proceeding
under subsection (1) or (2) of this Section, order | 21 | | the law enforcement
records or official court file, or both, to | 22 | | be expunged from the official
records of the arresting |
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| 1 | | authority, the clerk of the circuit court and the
Department of | 2 | | State Police. The person whose records are to be expunged shall | 3 | | petition the court using the appropriate form containing his or | 4 | | her current address and shall promptly notify the clerk of the | 5 | | circuit court of any change of address. Notice
of the petition | 6 | | shall be served upon the State's Attorney or prosecutor charged | 7 | | with the duty of prosecuting the offense, the Department of | 8 | | State Police, and the arresting agency or agencies by the clerk | 9 | | of the circuit court. If an objection is filed within 45
days | 10 | | of the notice of the petition, the clerk of the circuit court | 11 | | shall set a date for hearing after the 45
day objection period. | 12 | | At the hearing the court shall hear evidence on whether the | 13 | | expungement should or should not be granted. Unless the State's | 14 | | Attorney or prosecutor, the Department of State Police, or an | 15 | | arresting agency objects to the expungement within 45
days of | 16 | | the notice, the court may enter an order granting expungement. | 17 | | The person whose records are to be expunged shall pay the clerk | 18 | | of the circuit court a fee equivalent to the cost associated | 19 | | with expungement of records by the clerk and the Department of | 20 | | State Police. The clerk shall forward a certified copy of the | 21 | | order to the Department of State Police, the appropriate | 22 | | portion of the fee to the Department of State Police for | 23 | | processing, and deliver a certified copy of the order to the | 24 | | arresting agency.
| 25 | | (3.1) The Notice of Expungement shall be in substantially | 26 | | the following form: |
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| 1 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 2 | | .... JUDICIAL CIRCUIT
| 3 | | IN THE INTEREST OF ) NO.
| 4 | | )
| 5 | | )
| 6 | | ...................)
| 7 | | (Name of Petitioner) | 8 | | NOTICE
| 9 | | TO: State's Attorney
| 10 | | TO: Arresting Agency
| 11 | |
| 12 | | ................
| 13 | | ................
| 14 | |
| 15 | | ................
| 16 | | ................
| 17 | | TO: Illinois State Police
| 18 | |
| 19 | | .....................
| 20 | |
| 21 | | .....................
| 22 | | ATTENTION: Expungement
| 23 | | You are hereby notified that on ....., at ....., in courtroom | 24 | | ..., located at ..., before the Honorable ..., Judge, or any |
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| 1 | | judge sitting in his/her stead, I shall then and there present | 2 | | a Petition to Expunge Juvenile records in the above-entitled | 3 | | matter, at which time and place you may appear. | 4 | | ......................
| 5 | | Petitioner's Signature
| 6 | | ...........................
| 7 | | Petitioner's Street Address
| 8 | | .....................
| 9 | | City, State, Zip Code
| 10 | | .............................
| 11 | | Petitioner's Telephone Number
| 12 | | PROOF OF SERVICE
| 13 | | On the ....... day of ......, 20..., I on oath state that I | 14 | | served this notice and true and correct copies of the | 15 | | above-checked documents by: | 16 | | (Check One:) | 17 | | delivering copies personally to each entity to whom they are | 18 | | directed; | 19 | | or | 20 | | by mailing copies to each entity to whom they are directed by | 21 | | depositing the same in the U.S. Mail, proper postage fully | 22 | | prepaid, before the hour of 5:00 p.m., at the United States | 23 | | Postal Depository located at ................. | 24 | | .........................................
| 25 | |
| 26 | | Signature |
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| 1 | | Clerk of the Circuit Court or Deputy Clerk
| 2 | | Printed Name of Delinquent Minor/Petitioner: .... | 3 | | Address: ........................................ | 4 | | Telephone Number: ............................... | 5 | | (3.2) The Order of Expungement shall be in substantially | 6 | | the following form: | 7 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 8 | | .... JUDICIAL CIRCUIT
| 9 | | IN THE INTEREST OF ) NO.
| 10 | | )
| 11 | | )
| 12 | | ...................)
| 13 | | (Name of Petitioner)
| 14 | | DOB ................ | 15 | | Arresting Agency/Agencies ...... | 16 | | ORDER OF EXPUNGEMENT
| 17 | | (705 ILCS 405/5-915 (SUBSECTION 3))
| 18 | | This matter having been heard on the petitioner's motion and | 19 | | the court being fully advised in the premises does find that | 20 | | the petitioner is indigent or has presented reasonable cause to | 21 | | waive all costs in this matter, IT IS HEREBY ORDERED that: | 22 | | ( ) 1. Clerk of Court and Department of State Police costs | 23 | | are hereby waived in this matter. | 24 | | ( ) 2. The Illinois State Police Bureau of Identification |
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| 1 | | and the following law enforcement agencies expunge all records | 2 | | of petitioner relating to an arrest dated ...... for the | 3 | | offense of ...... | 4 | | Law Enforcement Agencies:
| 5 | | .........................
| 6 | | .........................
| 7 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 8 | | Court expunge all records regarding the above-captioned case. | 9 | | ENTER: ......................
| 10 | |
| 11 | | JUDGE | 12 | | DATED: ....... | 13 | | Name:
| 14 | | Attorney for:
| 15 | | Address:
City/State/Zip:
| 16 | | Attorney Number: | 17 | | (3.3) The Notice of Objection shall be in substantially the | 18 | | following form: | 19 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 20 | | ....................... JUDICIAL CIRCUIT
| 21 | | IN THE INTEREST OF ) NO.
| 22 | | )
| 23 | | )
| 24 | | ...................)
| 25 | | (Name of Petitioner) |
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| 1 | | NOTICE OF OBJECTION
| 2 | | TO:(Attorney, Public Defender, Minor)
| 3 | | .................................
| 4 | | .................................
| 5 | | TO:(Illinois State Police)
| 6 | | .................................
| 7 | | ................................. | 8 | | TO:(Clerk of the Court)
| 9 | | .................................
| 10 | | .................................
| 11 | | TO:(Judge)
| 12 | | .................................
| 13 | | .................................
| 14 | | TO:(Arresting Agency/Agencies)
| 15 | | .................................
| 16 | | ................................. | 17 | | ATTENTION:
You are hereby notified that an objection has been | 18 | | filed by the following entity regarding the above-named minor's | 19 | | petition for expungement of juvenile records: | 20 | | ( ) State's Attorney's Office;
| 21 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 22 | | with the duty of prosecuting the offense sought to be expunged;
| 23 | | ( ) Department of Illinois State Police; or
| 24 | | ( ) Arresting Agency or Agencies.
| 25 | | The agency checked above respectfully requests that this case |
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| 1 | | be continued and set for hearing on whether the expungement | 2 | | should or should not be granted.
| 3 | | DATED: ....... | 4 | | Name: | 5 | | Attorney For:
| 6 | | Address: | 7 | | City/State/Zip:
| 8 | | Telephone:
| 9 | | Attorney No.:
| 10 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 11 | | This matter has been set for hearing on the foregoing | 12 | | objection, on ...... in room ...., located at ....., before the | 13 | | Honorable ....., Judge, or any judge sitting in his/her stead.
| 14 | | (Only one hearing shall be set, regardless of the number of | 15 | | Notices of Objection received on the same case).
| 16 | | A copy of this completed Notice of Objection containing the | 17 | | court date, time, and location, has been sent via regular U.S. | 18 | | Mail to the following entities. (If more than one Notice of | 19 | | Objection is received on the same case, each one must be | 20 | | completed with the court date, time and location and mailed to | 21 | | the following entities):
| 22 | | ( ) Attorney, Public Defender or Minor;
| 23 | | ( ) State's Attorney's Office; | 24 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 25 | | with the duty of prosecuting the offense sought to be expunged; | 26 | | ( ) Department of Illinois State Police; and |
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| 1 | | ( ) Arresting agency or agencies.
| 2 | | Date: ...... | 3 | | Initials of Clerk completing this section: .....
| 4 | | (4) Upon entry of an order expunging records or files, the | 5 | | offense, which
the records or files concern shall be treated as | 6 | | if it never occurred. Law
enforcement officers and other public | 7 | | offices and agencies shall properly reply
on inquiry that no | 8 | | record or file exists with respect to the
person.
| 9 | | (5) Records which have not been expunged are sealed, and | 10 | | may be obtained
only under the provisions of Sections 5-901, | 11 | | 5-905 and 5-915.
| 12 | | (6) Nothing in this Section shall be construed to prohibit | 13 | | the maintenance
of information relating to an offense after | 14 | | records or files concerning the
offense have been expunged if | 15 | | the information is kept in a manner that does not
enable | 16 | | identification of the offender. This information may only be | 17 | | used for
statistical and bona fide research purposes. | 18 | | (7)(a) The State Appellate Defender shall establish, | 19 | | maintain, and carry out, by December 31, 2004, a juvenile | 20 | | expungement program
to provide information and assistance to | 21 | | minors eligible to have their juvenile records expunged.
| 22 | | (b) The State Appellate Defender shall develop brochures, | 23 | | pamphlets, and
other
materials in
printed form and through the | 24 | | agency's World Wide Web site. The pamphlets and
other materials | 25 | | shall
include at a minimum the following information:
| 26 | | (i) An explanation of the State's juvenile expungement |
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| 1 | | process; | 2 | | (ii) The circumstances under which juvenile | 3 | | expungement may occur; | 4 | | (iii) The juvenile offenses that may be expunged; | 5 | | (iv) The steps necessary to initiate and complete the | 6 | | juvenile expungement process;
and | 7 | | (v) Directions on how to contact the State Appellate | 8 | | Defender. | 9 | | (c) The State Appellate Defender shall establish and | 10 | | maintain a statewide
toll-free telephone
number that a person | 11 | | may use to receive information or assistance concerning
the | 12 | | expungement of juvenile records. The State Appellate
Defender | 13 | | shall advertise
the toll-free telephone number statewide. The | 14 | | State Appellate Defender shall
develop an expungement
| 15 | | information packet that may be sent to eligible persons seeking | 16 | | expungement of
their juvenile records,
which may include, but | 17 | | is not limited to, a pre-printed expungement petition
with | 18 | | instructions on how
to complete the petition and a pamphlet | 19 | | containing information that would
assist individuals through
| 20 | | the juvenile expungement process. | 21 | | (d) The State Appellate Defender shall compile a statewide | 22 | | list of volunteer
attorneys willing
to assist eligible | 23 | | individuals through the juvenile expungement process. | 24 | | (e) This Section shall be implemented from funds | 25 | | appropriated by the General
Assembly to the State
Appellate | 26 | | Defender
for this purpose. The State Appellate Defender shall |
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| 1 | | employ the necessary staff
and adopt the
necessary rules for | 2 | | implementation of this Section. | 3 | | (8)(a) Except with respect to law enforcement agencies, the | 4 | | Department of Corrections, State's Attorneys, or other | 5 | | prosecutors, an expunged juvenile record may not be considered | 6 | | by any private or public entity in employment matters, | 7 | | certification, licensing, revocation of certification or | 8 | | licensure, or registration. Applications for employment must | 9 | | contain specific language that states that the applicant is not | 10 | | obligated to disclose expunged juvenile records of conviction | 11 | | or arrest. Employers may not ask if an applicant has had a | 12 | | juvenile record expunged. Effective January 1, 2005, the | 13 | | Department of Labor shall develop a link on the Department's | 14 | | website to inform employers that employers may not ask if an | 15 | | applicant had a juvenile record expunged and that application | 16 | | for employment must contain specific language that states that | 17 | | the applicant is not obligated to disclose expunged juvenile | 18 | | records of arrest or conviction. | 19 | | (b) A person whose juvenile records have been expunged is | 20 | | not entitled to remission of any fines, costs, or other money | 21 | | paid as a consequence of expungement. This amendatory Act of | 22 | | the 93rd General Assembly does not affect the right of the | 23 | | victim of a crime to prosecute or defend a civil action for | 24 | | damages.
| 25 | | (c) The expungement of juvenile records under Section 5-622 | 26 | | shall be funded by the additional fine imposed under Section |
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| 1 | | 5-9-1.17 of the Unified Code of Corrections and additional | 2 | | appropriations made by the General Assembly for such purpose. | 3 | | (9) The changes made to Public Act 98-61 this Section by | 4 | | this amendatory Act of the 98th General Assembly apply to law | 5 | | enforcement records of a minor who has been arrested or taken | 6 | | into custody on or after January 1, 2014 ( the effective date of | 7 | | Public Act 98-61) this amendatory Act . | 8 | | (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
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