Illinois General Assembly - Full Text of SB1923
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Full Text of SB1923  98th General Assembly


Rep. Barbara Flynn Currie

Filed: 4/30/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1923 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 1-8 as follows:
6    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
7    Sec. 1-8. Confidentiality and accessibility of juvenile
8court records.
9    (A) Inspection and copying of juvenile court records
10relating to a minor who is the subject of a proceeding under
11this Act shall be restricted to the following:
12        (1) The minor who is the subject of record, his
13    parents, guardian and counsel.
14        (2) Law enforcement officers and law enforcement
15    agencies when such information is essential to executing an
16    arrest or search warrant or other compulsory process, or to



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1    conducting an ongoing investigation or relating to a minor
2    who has been adjudicated delinquent and there has been a
3    previous finding that the act which constitutes the
4    previous offense was committed in furtherance of criminal
5    activities by a criminal street gang.
6        Before July 1, 1994, for the purposes of this Section,
7    "criminal street gang" means any ongoing organization,
8    association, or group of 3 or more persons, whether formal
9    or informal, having as one of its primary activities the
10    commission of one or more criminal acts and that has a
11    common name or common identifying sign, symbol or specific
12    color apparel displayed, and whose members individually or
13    collectively engage in or have engaged in a pattern of
14    criminal activity.
15        Beginning July 1, 1994, for purposes of this Section,
16    "criminal street gang" has the meaning ascribed to it in
17    Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (3) Judges, hearing officers, prosecutors, probation
20    officers, social workers or other individuals assigned by
21    the court to conduct a pre-adjudication or predisposition
22    investigation, and individuals responsible for supervising
23    or providing temporary or permanent care and custody for
24    minors pursuant to the order of the juvenile court when
25    essential to performing their responsibilities.
26        (4) Judges, prosecutors and probation officers:



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1            (a) in the course of a trial when institution of
2        criminal proceedings has been permitted or required
3        under Section 5-805; or
4            (b) when criminal proceedings have been permitted
5        or required under Section 5-805 and a minor is the
6        subject of a proceeding to determine the amount of
7        bail; or
8            (c) when criminal proceedings have been permitted
9        or required under Section 5-805 and a minor is the
10        subject of a pre-trial investigation, pre-sentence
11        investigation or fitness hearing, or proceedings on an
12        application for probation; or
13            (d) when a minor becomes 17 years of age or older,
14        and is the subject of criminal proceedings, including a
15        hearing to determine the amount of bail, a pre-trial
16        investigation, a pre-sentence investigation, a fitness
17        hearing, or proceedings on an application for
18        probation.
19        (5) Adult and Juvenile Prisoner Review Boards.
20        (6) Authorized military personnel.
21        (7) Victims, their subrogees and legal
22    representatives; however, such persons shall have access
23    only to the name and address of the minor and information
24    pertaining to the disposition or alternative adjustment
25    plan of the juvenile court.
26        (8) Persons engaged in bona fide research, with the



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1    permission of the presiding judge of the juvenile court and
2    the chief executive of the agency that prepared the
3    particular records; provided that publication of such
4    research results in no disclosure of a minor's identity and
5    protects the confidentiality of the record.
6        (9) The Secretary of State to whom the Clerk of the
7    Court shall report the disposition of all cases, as
8    required in Section 6-204 of the Illinois Vehicle Code.
9    However, information reported relative to these offenses
10    shall be privileged and available only to the Secretary of
11    State, courts, and police officers.
12        (10) The administrator of a bonafide substance abuse
13    student assistance program with the permission of the
14    presiding judge of the juvenile court.
15        (11) Mental health professionals on behalf of the
16    Illinois Department of Corrections or the Department of
17    Human Services or prosecutors who are evaluating,
18    prosecuting, or investigating a potential or actual
19    petition brought under the Sexually Violent Persons
20    Commitment Act relating to a person who is the subject of
21    juvenile court records or the respondent to a petition
22    brought under the Sexually Violent Persons Commitment Act,
23    who is the subject of juvenile court records sought. Any
24    records and any information obtained from those records
25    under this paragraph (11) may be used only in sexually
26    violent persons commitment proceedings.



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1    (A-1) Findings and exclusions of paternity entered in
2proceedings occurring under Article II of this Act shall be
3disclosed, in a manner and form approved by the Presiding Judge
4of the Juvenile Court, to the Department of Healthcare and
5Family Services when necessary to discharge the duties of the
6Department of Healthcare and Family Services under Article X of
7the Illinois Public Aid Code.
8    (B) A minor who is the victim in a juvenile proceeding
9shall be provided the same confidentiality regarding
10disclosure of identity as the minor who is the subject of
12    (C) Except as otherwise provided in this subsection (C),
13juvenile court records shall not be made available to the
14general public. Subject to the limitations in paragraphs (0.1)
15through (0.4) of this subsection (C), the judge presiding over
16a juvenile court proceeding brought under this Act, in his or
17her discretion, may order that juvenile court records of an
18individual case be made available for inspection upon request
19by a representative of an agency, association, or news media
20entity or by a properly interested person. For purposes of
21inspecting documents under this subsection (C), a civil
22subpoena is not an order of the court. but may be inspected by
23representatives of agencies, associations and news media or
24other properly interested persons by general or special order
25of the court presiding over matters pursuant to this Act.
26        (0.1) In cases where the records concern a pending



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1    juvenile court case, the requesting party seeking to
2    inspect the juvenile court records shall provide actual
3    notice to the attorney or guardian ad litem of the minor
4    whose records are sought.
5        (0.2) In cases where the records concern a juvenile
6    court case that is no longer pending, the requesting party
7    seeking to inspect the juvenile court records shall provide
8    actual notice to the minor or the minor's parent or legal
9    guardian, and the matter shall be referred to the chief
10    judge presiding over matters pursuant to this Act.
11        (0.3) In determining whether the records should be made
12    available for inspection and whether inspection should be
13    limited to certain parts of the file, the court shall
14    consider the minor's interest in confidentiality and
15    rehabilitation over the requesting moving party's interest
16    in obtaining the information. The State's Attorney, the
17    minor, and the minor's parents, guardian, and counsel shall
18    at all times have the right to examine court files and
19    records. For purposes of obtaining documents pursuant to
20    this Section, a civil subpoena is not an order of the
21    court.
22        (0.4) Any records obtained in violation of this
23    subsection (C) shall not be admissible in any criminal or
24    civil proceeding, or operate to disqualify a minor from
25    subsequently holding public office, or operate as a
26    forfeiture of any public benefit, right, privilege, or



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1    right to receive any license granted by public authority.
2        (1) The court shall allow the general public to have
3    access to the name, address, and offense of a minor who is
4    adjudicated a delinquent minor under this Act under either
5    of the following circumstances:
6            (A) The adjudication of delinquency was based upon
7        the minor's commission of first degree murder, attempt
8        to commit first degree murder, aggravated criminal
9        sexual assault, or criminal sexual assault; or
10            (B) The court has made a finding that the minor was
11        at least 13 years of age at the time the act was
12        committed and the adjudication of delinquency was
13        based upon the minor's commission of: (i) an act in
14        furtherance of the commission of a felony as a member
15        of or on behalf of a criminal street gang, (ii) an act
16        involving the use of a firearm in the commission of a
17        felony, (iii) an act that would be a Class X felony
18        offense under or the minor's second or subsequent Class
19        2 or greater felony offense under the Cannabis Control
20        Act if committed by an adult, (iv) an act that would be
21        a second or subsequent offense under Section 402 of the
22        Illinois Controlled Substances Act if committed by an
23        adult, (v) an act that would be an offense under
24        Section 401 of the Illinois Controlled Substances Act
25        if committed by an adult, (vi) an act that would be a
26        second or subsequent offense under Section 60 of the



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



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1        Controlled Substances Act, (vi) an act that would be a
2        second or subsequent offense under Section 60 of the
3        Methamphetamine Control and Community Protection Act,
4        or (vii) an act that would be an offense under another
5        Section of the Methamphetamine Control and Community
6        Protection Act.
7    (D) Pending or following any adjudication of delinquency
8for any offense defined in Sections 11-1.20 through 11-1.60 or
912-13 through 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012, the victim of any such offense shall
11receive the rights set out in Sections 4 and 6 of the Bill of
12Rights for Victims and Witnesses of Violent Crime Act; and the
13juvenile who is the subject of the adjudication,
14notwithstanding any other provision of this Act, shall be
15treated as an adult for the purpose of affording such rights to
16the victim.
17    (E) Nothing in this Section shall affect the right of a
18Civil Service Commission or appointing authority of any state,
19county or municipality examining the character and fitness of
20an applicant for employment with a law enforcement agency,
21correctional institution, or fire department to ascertain
22whether that applicant was ever adjudicated to be a delinquent
23minor and, if so, to examine the records of disposition or
24evidence which were made in proceedings under this Act.
25    (F) Following any adjudication of delinquency for a crime
26which would be a felony if committed by an adult, or following



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1any adjudication of delinquency for a violation of Section
224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the State's Attorney shall ascertain
4whether the minor respondent is enrolled in school and, if so,
5shall provide a copy of the dispositional order to the
6principal or chief administrative officer of the school. Access
7to such juvenile records shall be limited to the principal or
8chief administrative officer of the school and any guidance
9counselor designated by him.
10    (G) Nothing contained in this Act prevents the sharing or
11disclosure of information or records relating or pertaining to
12juveniles subject to the provisions of the Serious Habitual
13Offender Comprehensive Action Program when that information is
14used to assist in the early identification and treatment of
15habitual juvenile offenders.
16    (H) When a Court hearing a proceeding under Article II of
17this Act becomes aware that an earlier proceeding under Article
18II had been heard in a different county, that Court shall
19request, and the Court in which the earlier proceedings were
20initiated shall transmit, an authenticated copy of the Court
21record, including all documents, petitions, and orders filed
22therein and the minute orders, transcript of proceedings, and
23docket entries of the Court.
24    (I) The Clerk of the Circuit Court shall report to the
25Department of State Police, in the form and manner required by
26the Department of State Police, the final disposition of each



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1minor who has been arrested or taken into custody before his or
2her 17th birthday for those offenses required to be reported
3under Section 5 of the Criminal Identification Act. Information
4reported to the Department under this Section may be maintained
5with records that the Department files under Section 2.1 of the
6Criminal Identification Act.
7(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;
897-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".