Full Text of HB3817 100th General Assembly
HB3817ham002 100TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/21/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3817
| 2 | | AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 6 | | changing Sections 1-7, 1-8, and 5-915 as follows:
| 7 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 8 | | Sec. 1-7. Confidentiality of law enforcement and municipal | 9 | | ordinance violation records.
| 10 | | (A) All juvenile records which have not been expunged are | 11 | | sealed and may never be disclosed to the general public or | 12 | | otherwise made widely available. Sealed records may be obtained | 13 | | only under this Section and Section 1-8 and 5-915 of this Act, | 14 | | when their use is needed for good cause and with an order from | 15 | | the juvenile court, as required by those not authorized to | 16 | | retain them. Inspection and copying of law enforcement records |
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| 1 | | maintained by law
enforcement agencies or records of municipal | 2 | | ordinance violations maintained by any State, local, or | 3 | | municipal agency that relate to a minor who has been | 4 | | investigated, arrested, or taken
into custody before his or her | 5 | | 18th birthday shall be restricted to the
following:
| 6 | | (1) Any local, State or federal law enforcement | 7 | | officers of any
jurisdiction or agency when necessary for | 8 | | the discharge of their official
duties during the | 9 | | investigation or prosecution of a crime or relating to a
| 10 | | minor who has been adjudicated delinquent and there has | 11 | | been a previous finding
that the act which constitutes the | 12 | | previous offense was committed in
furtherance of criminal | 13 | | activities by a criminal street gang, or, when necessary | 14 | | for the discharge of its official duties in connection with | 15 | | a 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. For purposes of
this Section, | 20 | | "criminal street gang" has the meaning ascribed to it in
| 21 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 22 | | Prevention Act.
| 23 | | (2) Prosecutors, probation officers, social workers, | 24 | | or other
individuals assigned by the court to conduct a | 25 | | pre-adjudication or
pre-disposition investigation, and | 26 | | individuals responsible for supervising
or providing |
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| 1 | | temporary or permanent care and custody for minors pursuant | 2 | | to
the order of the juvenile court, when essential to | 3 | | performing their
responsibilities.
| 4 | | (3) Prosecutors and probation officers:
| 5 | | (a) in the course of a trial when institution of | 6 | | criminal proceedings
has been permitted or required | 7 | | under Section 5-805; or
| 8 | | (b) when institution of criminal proceedings has | 9 | | been permitted or required under Section 5-805 and such | 10 | | minor is the
subject
of a proceeding to determine the | 11 | | amount of bail; or
| 12 | | (c) when criminal proceedings have been permitted
| 13 | | or
required under Section 5-805 and such minor is the | 14 | | subject of a
pre-trial
investigation, pre-sentence | 15 | | investigation, fitness hearing, or proceedings
on an | 16 | | application for probation.
| 17 | | (4) Adult and Juvenile Prisoner Review Board.
| 18 | | (5) Authorized military personnel.
| 19 | | (6) Persons engaged in bona fide research, with the | 20 | | permission of the
Presiding Judge of the Juvenile Court and | 21 | | the chief executive of the respective
law enforcement | 22 | | agency; provided that publication of such research results
| 23 | | in no disclosure of a minor's identity and protects the | 24 | | confidentiality
of the minor's record.
| 25 | | (7) Department of Children and Family Services child | 26 | | protection
investigators acting in their official |
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| 1 | | capacity.
| 2 | | (8) The appropriate school official only if the agency | 3 | | or officer believes that there is an imminent threat of | 4 | | physical harm to students, school personnel, or others who | 5 | | are present in the school or on school grounds. | 6 | | (A) Inspection and copying
shall be limited to law | 7 | | enforcement records transmitted to the appropriate
| 8 | | school official or officials whom the school has | 9 | | determined to have a legitimate educational or safety | 10 | | interest by a local law enforcement agency under a | 11 | | reciprocal reporting
system established and maintained | 12 | | between the school district and the local law
| 13 | | enforcement agency under Section 10-20.14 of the | 14 | | School Code concerning a minor
enrolled in a school | 15 | | within the school district who has been arrested or | 16 | | taken
into custody for any of the following offenses:
| 17 | | (i) any violation of Article 24 of the Criminal | 18 | | Code of
1961 or the Criminal Code of 2012;
| 19 | | (ii) a violation of the Illinois Controlled | 20 | | Substances Act;
| 21 | | (iii) a violation of the Cannabis Control Act;
| 22 | | (iv) a forcible felony as defined in Section | 23 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 24 | | Code of 2012; | 25 | | (v) a violation of the Methamphetamine Control | 26 | | and Community Protection Act;
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| 1 | | (vi) a violation of Section 1-2 of the | 2 | | Harassing and Obscene Communications Act; | 3 | | (vii) a violation of the Hazing Act; or | 4 | | (viii) a violation of Section 12-1, 12-2, | 5 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 6 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012. | 8 | | The information derived from the law enforcement | 9 | | records shall be kept separate from and shall not | 10 | | become a part of the official school record of that | 11 | | child and shall not be a public record. The information | 12 | | shall be used solely by the appropriate school official | 13 | | or officials whom the school has determined to have a | 14 | | legitimate educational or safety interest to aid in the | 15 | | proper rehabilitation of the child and to protect the | 16 | | safety of students and employees in the school. If the | 17 | | designated law enforcement and school officials deem | 18 | | it to be in the best interest of the minor, the student | 19 | | may be referred to in-school or community based social | 20 | | services if those services are available. | 21 | | "Rehabilitation services" may include interventions by | 22 | | school support personnel, evaluation for eligibility | 23 | | for special education, referrals to community-based | 24 | | agencies such as youth services, behavioral healthcare | 25 | | service providers, drug and alcohol prevention or | 26 | | treatment programs, and other interventions as deemed |
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| 1 | | appropriate for the student. | 2 | | (B) Any information provided to appropriate school | 3 | | officials whom the school has determined to have a | 4 | | legitimate educational or safety interest by local law | 5 | | enforcement officials about a minor who is the subject | 6 | | of a current police investigation that is directly | 7 | | related to school safety shall consist of oral | 8 | | information only, and not written law enforcement | 9 | | records, and shall be used solely by the appropriate | 10 | | school official or officials to protect the safety of | 11 | | students and employees in the school and aid in the | 12 | | proper rehabilitation of the child. The information | 13 | | derived orally from the local law enforcement | 14 | | officials shall be kept separate from and shall not | 15 | | become a part of the official school record of the | 16 | | child and shall not be a public record. This limitation | 17 | | on the use of information about a minor who is the | 18 | | subject of a current police investigation shall in no | 19 | | way limit the use of this information by prosecutors in | 20 | | pursuing criminal charges arising out of the | 21 | | information disclosed during a police investigation of | 22 | | the minor. For purposes of this paragraph, | 23 | | "investigation" means an official systematic inquiry | 24 | | by a law enforcement agency into actual or suspected | 25 | | criminal activity. | 26 | | (9) Mental health professionals on behalf of the |
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| 1 | | Illinois Department of
Corrections or the Department of | 2 | | Human Services or prosecutors who are
evaluating, | 3 | | prosecuting, or investigating a potential or actual | 4 | | petition
brought
under the Sexually Violent Persons | 5 | | Commitment Act relating to a person who is
the
subject of | 6 | | juvenile law enforcement records or the respondent to a | 7 | | petition
brought under the Sexually Violent Persons | 8 | | Commitment Act who is the subject of
the
juvenile law | 9 | | enforcement records sought.
Any records and any | 10 | | information obtained from those records under this
| 11 | | paragraph (9) may be used only in sexually violent persons | 12 | | commitment
proceedings.
| 13 | | (10) The president of a park district. Inspection and | 14 | | copying shall be limited to law enforcement records | 15 | | transmitted to the president of the park district by the | 16 | | Illinois State Police under Section 8-23 of the Park | 17 | | District Code or Section 16a-5 of the Chicago Park District | 18 | | Act concerning a person who is seeking employment with that | 19 | | park district and who has been adjudicated a juvenile | 20 | | delinquent for any of the offenses listed in subsection (c) | 21 | | of Section 8-23 of the Park District Code or subsection (c) | 22 | | of Section 16a-5 of the Chicago Park District Act. | 23 | | (B)(1) Except as provided in paragraph (2), no law | 24 | | enforcement
officer or other person or agency may knowingly | 25 | | transmit to the Department of
Corrections or the Department | 26 | | of State Police or to the Federal
Bureau of Investigation |
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| 1 | | any fingerprint or photograph relating to a minor who
has | 2 | | been arrested or taken into custody before his or her 18th | 3 | | birthday,
unless the court in proceedings under this Act | 4 | | authorizes the transmission or
enters an order under | 5 | | Section 5-805 permitting or requiring the
institution of
| 6 | | criminal proceedings.
| 7 | | (2) Law enforcement officers or other persons or | 8 | | agencies shall transmit
to the Department of State Police | 9 | | copies of fingerprints and descriptions
of all minors who | 10 | | have been arrested or taken into custody before their
18th | 11 | | birthday for the offense of unlawful use of weapons under | 12 | | Article 24 of
the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012, a Class X or Class 1 felony, a forcible | 14 | | felony as
defined in Section 2-8 of the Criminal Code of | 15 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| 16 | | felony under the Cannabis Control Act, the Illinois | 17 | | Controlled Substances Act, the Methamphetamine Control and | 18 | | Community Protection Act,
or Chapter 4 of the Illinois | 19 | | Vehicle Code, pursuant to Section 5 of the
Criminal | 20 | | Identification Act. Information reported to the Department | 21 | | pursuant
to this Section may be maintained with records | 22 | | that the Department files
pursuant to Section 2.1 of the | 23 | | Criminal Identification Act. Nothing in this
Act prohibits | 24 | | a law enforcement agency from fingerprinting a minor taken | 25 | | into
custody or arrested before his or her 18th birthday | 26 | | for an offense other than
those listed in this paragraph |
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| 1 | | (2).
| 2 | | (C) The records of law enforcement officers, or of an | 3 | | independent agency created by ordinance and charged by a unit | 4 | | of local government with the duty of investigating the conduct | 5 | | of law enforcement officers, concerning all minors under
18 | 6 | | years of age must be maintained separate from the records of | 7 | | arrests and
may not be open to public inspection or their | 8 | | contents disclosed to the
public except by order of the court | 9 | | presiding over matters pursuant to this Act or when the | 10 | | institution of criminal
proceedings has been permitted or | 11 | | required under Section
5-805 or such a person has been | 12 | | convicted of a crime and is the
subject of
pre-sentence | 13 | | investigation or proceedings on an application for probation
or | 14 | | when provided by law. For purposes of obtaining documents under | 15 | | pursuant to this Section, a civil subpoena is not an order of | 16 | | the court. | 17 | | (1) In cases where the law enforcement, or independent | 18 | | agency, records concern a pending juvenile court case, the | 19 | | party seeking to inspect the records shall provide actual | 20 | | notice to the attorney or guardian ad litem of the minor | 21 | | whose records are sought. | 22 | | (2) In cases where the records concern a juvenile court | 23 | | case that is no longer pending, the party seeking to | 24 | | inspect the records shall provide actual notice to the | 25 | | minor or the minor's parent or legal guardian, and the | 26 | | matter shall be referred to the chief judge presiding over |
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| 1 | | matters pursuant to this Act. | 2 | | (3) In determining whether the records should be | 3 | | available for inspection, the court shall consider the | 4 | | minor's interest in confidentiality and rehabilitation | 5 | | over the moving party's interest in obtaining the | 6 | | information. Any records obtained in violation of this | 7 | | subsection (C) shall not be admissible in any criminal or | 8 | | civil proceeding, or operate to disqualify a minor from | 9 | | subsequently holding public office or securing employment, | 10 | | or operate as a forfeiture of any public benefit, right, | 11 | | privilege, or right to receive any license granted by | 12 | | public authority.
| 13 | | (D) Nothing contained in subsection (C) of this Section | 14 | | shall prohibit
the inspection or disclosure to victims and | 15 | | witnesses of photographs
contained in the records of law | 16 | | enforcement agencies when the
inspection and disclosure is | 17 | | conducted in the presence of a law enforcement
officer for the | 18 | | purpose of the identification or apprehension of any person
| 19 | | subject to the provisions of this Act or for the investigation | 20 | | or
prosecution of any crime.
| 21 | | (E) Law enforcement officers, and personnel of an | 22 | | independent agency created by ordinance and charged by a unit | 23 | | of local government with the duty of investigating the conduct | 24 | | of law enforcement officers, may not disclose the identity of | 25 | | any minor
in releasing information to the general public as to | 26 | | the arrest, investigation
or disposition of any case involving |
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| 1 | | a minor.
| 2 | | (F) Nothing contained in this Section shall prohibit law | 3 | | enforcement
agencies from communicating with each other by | 4 | | letter, memorandum, teletype or
intelligence alert bulletin or | 5 | | other means the identity or other relevant
information | 6 | | pertaining to a person under 18 years of age if there are
| 7 | | reasonable grounds to believe that the person poses a real and | 8 | | present danger
to the safety of the public or law enforcement | 9 | | officers. The information
provided under this subsection (F) | 10 | | shall remain confidential and shall not
be publicly disclosed, | 11 | | except as otherwise allowed by law.
| 12 | | (G) Nothing in this Section shall prohibit the right of a | 13 | | Civil Service
Commission or appointing authority of any state, | 14 | | county or municipality
examining the character and fitness of | 15 | | an applicant for employment with a law
enforcement agency, | 16 | | correctional institution, or fire department
from obtaining | 17 | | and examining the
records of any law enforcement agency | 18 | | relating to any record of the applicant
having been arrested or | 19 | | taken into custody before the applicant's 18th
birthday.
| 20 | | (H) The changes made to this Section by Public Act 98-61 | 21 | | apply to law enforcement records of a minor who has been | 22 | | arrested or taken into custody on or after January 1, 2014 (the | 23 | | effective date of Public Act 98-61). | 24 | | (I) Willful violation of this Section is a Class C | 25 | | misdemeanor and each violation is subject to a fine of $1,000. | 26 | | This subsection (I) shall not apply to the person who is the |
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| 1 | | subject of the record. | 2 | | (J) A person convicted of violating this Section is liable | 3 | | for damages in the amount of $1,000 or actual damages, | 4 | | whichever is greater. | 5 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, | 6 | | eff. 8-6-15.)
| 7 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| 8 | | Sec. 1-8. Confidentiality and accessibility of juvenile | 9 | | court records.
| 10 | | (A) A juvenile adjudication shall never be considered a | 11 | | conviction nor shall an adjudicated individual be considered a | 12 | | criminal. Unless expressly allowed by law, a juvenile | 13 | | adjudication shall not operate to impose upon the individual | 14 | | any of the civil disabilities ordinarily imposed by or | 15 | | resulting from conviction. Adjudications shall not prejudice | 16 | | or disqualify the individual in any civil service application | 17 | | or appointment, from holding public office, or from receiving | 18 | | any license granted by public authority. All juvenile records | 19 | | which have not been expunged are sealed and may never be | 20 | | disclosed to the general public or otherwise made widely | 21 | | available. Sealed records may be obtained only under this | 22 | | Section and Section 1-7 and Section 5-915 of this Act, when | 23 | | their use is needed for good cause and with an order from the | 24 | | juvenile court, as required by those not authorized to retain | 25 | | them. Inspection and copying of juvenile court records relating |
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| 1 | | to a minor
who is the subject of a proceeding under this Act | 2 | | shall be restricted to the
following:
| 3 | | (1) The minor who is the subject of record, his | 4 | | parents, guardian
and counsel.
| 5 | | (2) Law enforcement officers and law enforcement | 6 | | agencies when such
information is essential to executing an | 7 | | arrest or search warrant or other
compulsory process, or to | 8 | | conducting an ongoing investigation
or relating to a minor | 9 | | who
has been adjudicated delinquent and there has been a | 10 | | previous finding that
the act which constitutes the | 11 | | previous offense was committed in furtherance
of criminal | 12 | | activities by a criminal street gang.
| 13 | | Before July 1, 1994, for the purposes of this Section, | 14 | | "criminal street
gang" means any ongoing
organization, | 15 | | association, or group of 3 or more persons, whether formal | 16 | | or
informal, having as one of its primary activities the | 17 | | commission of one or
more criminal acts and that has a | 18 | | common name or common identifying sign,
symbol or specific | 19 | | color apparel displayed, and whose members individually
or | 20 | | collectively engage in or have engaged in a pattern of | 21 | | criminal activity.
| 22 | | Beginning July 1, 1994, for purposes of this Section, | 23 | | "criminal street
gang" has the meaning ascribed to it in | 24 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 25 | | Prevention Act.
| 26 | | (3) Judges, hearing officers, prosecutors, probation |
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| 1 | | officers, social
workers or other
individuals assigned by | 2 | | the court to conduct a pre-adjudication or
predisposition | 3 | | investigation, and individuals responsible for supervising
| 4 | | or providing temporary or permanent care and custody for | 5 | | minors pursuant
to the order of the juvenile court when | 6 | | essential to performing their
responsibilities.
| 7 | | (4) Judges, prosecutors and probation officers:
| 8 | | (a) in the course of a trial when institution of | 9 | | criminal proceedings
has been permitted or required | 10 | | under Section 5-805; or
| 11 | | (b) when criminal proceedings have been permitted
| 12 | | or
required under Section 5-805 and a minor is the | 13 | | subject of a
proceeding to
determine the amount of | 14 | | bail; or
| 15 | | (c) when criminal proceedings have been permitted
| 16 | | or
required under Section 5-805 and a minor is the | 17 | | subject of a
pre-trial
investigation, pre-sentence | 18 | | investigation or fitness hearing, or
proceedings on an | 19 | | application for probation; or
| 20 | | (d) when a minor becomes 18 years of age or older, | 21 | | and is the subject
of criminal proceedings, including a | 22 | | hearing to determine the amount of
bail, a pre-trial | 23 | | investigation, a pre-sentence investigation, a fitness
| 24 | | hearing, or proceedings on an application for | 25 | | probation.
| 26 | | (5) Adult and Juvenile Prisoner Review Boards.
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| 1 | | (6) Authorized military personnel.
| 2 | | (7) Victims, their subrogees and legal | 3 | | representatives; however, such
persons shall have access | 4 | | only to the name and address of the minor and
information | 5 | | pertaining to the disposition or alternative adjustment | 6 | | plan
of the juvenile court.
| 7 | | (8) Persons engaged in bona fide research, with the | 8 | | permission of the
presiding judge of the juvenile court and | 9 | | the chief executive of the agency
that prepared the | 10 | | particular records; provided that publication of such
| 11 | | research results in no disclosure of a minor's identity and | 12 | | protects the
confidentiality of the record.
| 13 | | (9) The Secretary of State to whom the Clerk of the | 14 | | Court shall report
the disposition of all cases, as | 15 | | required in Section 6-204 of the Illinois
Vehicle Code. | 16 | | However, information reported relative to these offenses | 17 | | shall
be privileged and available only to the Secretary of | 18 | | State, courts, and police
officers.
| 19 | | (10) The administrator of a bonafide substance abuse | 20 | | student
assistance program with the permission of the | 21 | | presiding judge of the
juvenile court.
| 22 | | (11) Mental health professionals on behalf of the | 23 | | Illinois Department of
Corrections or the Department of | 24 | | Human Services or prosecutors who are
evaluating, | 25 | | prosecuting, or investigating a potential or actual | 26 | | petition
brought
under the Sexually Violent Persons |
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| 1 | | Commitment Act relating to a person who is the
subject of
| 2 | | juvenile court records or the respondent to a petition | 3 | | brought under
the
Sexually Violent Persons Commitment Act, | 4 | | who is the subject of juvenile
court records
sought. Any | 5 | | records and any information obtained from those records | 6 | | under this
paragraph (11) may be used only in sexually | 7 | | violent persons commitment
proceedings.
| 8 | | (A-1) Findings and exclusions of paternity entered in | 9 | | proceedings occurring under Article II of this Act shall be | 10 | | disclosed, in a manner and form approved by the Presiding Judge | 11 | | of the Juvenile Court, to the Department of Healthcare and | 12 | | Family Services when necessary to discharge the duties of the | 13 | | Department of Healthcare and Family Services under Article X of | 14 | | the Illinois Public Aid Code. | 15 | | (B) A minor who is the victim in a juvenile proceeding | 16 | | shall be
provided the same confidentiality regarding | 17 | | disclosure of identity as the
minor who is the subject of | 18 | | record.
| 19 | | (C) Juvenile Except as otherwise provided in this | 20 | | subsection (C), juvenile court
records shall not be made | 21 | | available to the general public. Subject to the limitations in | 22 | | paragraphs (0.1) through (0.4) of this subsection (C), the | 23 | | judge presiding over a juvenile court proceeding brought under | 24 | | this Act, in his or her discretion, may order that juvenile | 25 | | court records of an individual case be made available for | 26 | | inspection upon request by a representative of an agency, |
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| 1 | | association, or news media entity or by a properly interested | 2 | | person. For purposes of inspecting documents under this Section | 3 | | subsection (C) , a civil subpoena is not an order of the court.
| 4 | | (0.1) In cases where the records concern a pending | 5 | | juvenile court case, the requesting party seeking to | 6 | | inspect the juvenile court records shall provide actual | 7 | | notice to the attorney or guardian ad litem of the minor | 8 | | whose records are sought. | 9 | | (0.2) In cases where the records concern a juvenile | 10 | | court case that is no longer pending, the requesting party | 11 | | seeking to inspect the juvenile court records shall provide | 12 | | actual notice to the minor or the minor's parent or legal | 13 | | guardian, and the matter shall be referred to the chief | 14 | | judge presiding over matters pursuant to this Act. | 15 | | (0.3) In determining whether records should be made | 16 | | available for inspection and whether inspection should be | 17 | | limited to certain parts of the file, the court shall | 18 | | consider the minor's interest in confidentiality and | 19 | | rehabilitation over the requesting party's interest in | 20 | | obtaining the information. The State's Attorney, the | 21 | | minor, and the minor's parents, guardian, and counsel shall | 22 | | at all times have the right to examine court files and | 23 | | records. | 24 | | (0.4) Any records obtained in violation of this Section | 25 | | subsection (C) shall not be admissible in any criminal or | 26 | | civil proceeding, or operate to disqualify a minor from |
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| 1 | | subsequently holding public office, or operate as a | 2 | | forfeiture of any public benefit, right, privilege, or | 3 | | right to receive any license granted by public authority.
| 4 | | (1) The
court shall allow the general public to have | 5 | | access to the name, address, and offense of a minor
who is | 6 | | adjudicated a delinquent minor under this Act under either | 7 | | of the
following circumstances:
| 8 | | (A) The
adjudication of
delinquency was based upon | 9 | | the
minor's
commission of first degree murder, attempt | 10 | | to commit first degree
murder, aggravated criminal | 11 | | sexual assault, or criminal sexual assault; or
| 12 | | (B) The court has made a finding that the minor was | 13 | | at least 13 years of
age
at the time the act was | 14 | | committed and the adjudication of delinquency was | 15 | | based
upon the minor's commission of: (i)
an act in | 16 | | furtherance of the commission of a felony as a member | 17 | | of or on
behalf of a criminal street
gang, (ii) an act | 18 | | involving the use of a firearm in the commission of a
| 19 | | felony, (iii) an act that would be a Class X felony | 20 | | offense
under or
the minor's second or subsequent
Class | 21 | | 2 or greater felony offense under the Cannabis Control | 22 | | Act if committed by an adult,
(iv) an act that would be | 23 | | a second or subsequent offense under Section 402 of
the | 24 | | Illinois Controlled Substances Act if committed by an | 25 | | adult, (v) an act
that would be an offense under | 26 | | Section 401 of the Illinois Controlled
Substances Act |
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| 1 | | if committed by an adult, (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 | | (2) The court
shall allow the general public to have | 8 | | access to the name, address, and offense of a minor who is | 9 | | at least 13 years of age at
the time the offense
is | 10 | | committed and who is convicted, in criminal proceedings
| 11 | | permitted or required under Section 5-4, under either of | 12 | | the following
circumstances:
| 13 | | (A) The minor has been convicted of first degree | 14 | | murder, attempt
to commit first degree
murder, | 15 | | aggravated criminal sexual
assault, or criminal sexual | 16 | | assault,
| 17 | | (B) The court has made a finding that the minor was | 18 | | at least 13 years
of age
at the time the offense was | 19 | | committed and the conviction was based upon the
minor's | 20 | | commission of: (i)
an offense in
furtherance of the | 21 | | commission of a felony as a member of or on behalf of a
| 22 | | criminal street gang, (ii) an offense
involving the use | 23 | | of a firearm in the commission of a felony, (iii)
a | 24 | | Class X felony offense under or a second or subsequent | 25 | | Class 2 or
greater felony offense under the Cannabis | 26 | | Control Act, (iv) a
second or subsequent offense under |
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| 1 | | Section 402 of the Illinois
Controlled Substances Act, | 2 | | (v) an offense under Section 401 of the Illinois
| 3 | | Controlled Substances Act, (vi) an act that would be a | 4 | | second or subsequent offense under Section 60 of the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | or (vii) an act that would be an offense under another | 7 | | Section of the Methamphetamine Control and Community | 8 | | Protection Act.
| 9 | | (D) Pending or following any adjudication of delinquency | 10 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | 11 | | 12-13 through 12-16 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012,
the victim of any such offense shall | 13 | | receive the
rights set out in Sections 4 and 6 of the Bill of
| 14 | | Rights for Victims and Witnesses of Violent Crime Act; and the
| 15 | | juvenile who is the subject of the adjudication, | 16 | | notwithstanding any other
provision of this Act, shall be | 17 | | treated
as an adult for the purpose of affording such rights to | 18 | | the victim.
| 19 | | (E) Nothing in this Section shall affect the right of a | 20 | | Civil Service
Commission or appointing authority of any state, | 21 | | county or municipality
examining the character and fitness of
| 22 | | an applicant for employment with a law enforcement
agency, | 23 | | correctional institution, or fire department to
ascertain
| 24 | | whether that applicant was ever adjudicated to be a delinquent | 25 | | minor and,
if so, to examine the records of disposition or | 26 | | evidence which were made in
proceedings under this Act.
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| 1 | | (F) Following any adjudication of delinquency for a crime | 2 | | which would be
a felony if committed by an adult, or following | 3 | | any adjudication of delinquency
for a violation of Section | 4 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 6 | | whether the minor respondent is enrolled in school and, if so, | 7 | | shall provide
a copy of the dispositional order to the | 8 | | principal or chief administrative
officer of the school. Access | 9 | | to such juvenile records shall be limited
to the principal or | 10 | | chief administrative officer of the school and any guidance
| 11 | | counselor designated by him.
| 12 | | (G) Nothing contained in this Act prevents the sharing or
| 13 | | disclosure of information or records relating or pertaining to | 14 | | juveniles
subject to the provisions of the Serious Habitual | 15 | | Offender Comprehensive
Action Program when that information is | 16 | | used to assist in the early
identification and treatment of | 17 | | habitual juvenile offenders.
| 18 | | (H) When a Court hearing a proceeding under Article II of | 19 | | this Act becomes
aware that an earlier proceeding under Article | 20 | | II had been heard in a different
county, that Court shall | 21 | | request, and the Court in which the earlier
proceedings were | 22 | | initiated shall transmit, an authenticated copy of the Court
| 23 | | record, including all documents, petitions, and orders filed | 24 | | therein and the
minute orders, transcript of proceedings, and | 25 | | docket entries of the Court.
| 26 | | (I) The Clerk of the Circuit Court shall report to the |
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| 1 | | Department of
State
Police, in the form and manner required by | 2 | | the Department of State Police, the
final disposition of each | 3 | | minor who has been arrested or taken into custody
before his or | 4 | | her 18th birthday for those offenses required to be reported
| 5 | | under Section 5 of the Criminal Identification Act. Information | 6 | | reported to
the Department under this Section may be maintained | 7 | | with records that the
Department files under Section 2.1 of the | 8 | | Criminal Identification Act.
| 9 | | (J) The changes made to this Section by Public Act 98-61 | 10 | | apply to law enforcement records of a minor who has been | 11 | | arrested or taken into custody on or after January 1, 2014 (the | 12 | | effective date of Public Act 98-61). | 13 | | (K) Willful violation of this Section is a Class C | 14 | | misdemeanor and each violation is subject to a fine of $1,000. | 15 | | This subsection (K) shall not apply to the person who is the | 16 | | subject of the record. | 17 | | (L) A person convicted of violating this Section is liable | 18 | | for damages in the amount of $1,000 or actual damages, | 19 | | whichever is greater. | 20 | | (Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | 21 | | 98-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. | 22 | | 7-16-14.)
| 23 | | (705 ILCS 405/5-915)
| 24 | | Sec. 5-915. Expungement of juvenile law enforcement and | 25 | | court records.
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| 1 | | (0.05) For purposes of this Section and Section 5-622: | 2 | | "Dissemination" or "disseminate" means to publish, | 3 | | produce, print, manufacture, distribute, sell, lease, | 4 | | exhibit, broadcast, display, transmit, or otherwise share | 5 | | information in any format so as to make the information | 6 | | accessible to others. | 7 | | "Expunge" means to physically destroy the records and | 8 | | to obliterate the minor's name and juvenile court records | 9 | | from any official index , or public record, or electronic | 10 | | database both . No evidence of the juvenile court records | 11 | | may be retained by any law enforcement agency, the juvenile | 12 | | court, or by any municipal, county, or State agency or | 13 | | department. Nothing in this Act shall require the physical | 14 | | destruction of the internal office records, files, or | 15 | | databases maintained by a State's Attorney's Office or | 16 | | other prosecutor. | 17 | | "Juvenile court record" includes, but is not limited | 18 | | to: | 19 | | (a) all documents filed in or maintained by the | 20 | | juvenile court pertaining to a specific incident, | 21 | | proceeding, or individual; | 22 | | (b) all documents relating to a specific incident, | 23 | | proceeding, or individual made available to or maintained | 24 | | by probation officers; | 25 | | (c) all documents, video or audio tapes, | 26 | | photographs, and exhibits admitted into evidence at |
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| 1 | | juvenile court hearings; or | 2 | | (d) all documents, transcripts, records, reports | 3 | | or other evidence prepared by, maintained by, or released | 4 | | by any municipal, county, or state agency or department, in | 5 | | any format, if indicating involvement with the juvenile | 6 | | court relating to a specific incident, proceeding, or | 7 | | individual. | 8 | | "Law enforcement record" includes but is not limited to | 9 | | records of arrest, station adjustments, fingerprints, | 10 | | probation adjustments, the issuance of a notice to appear, | 11 | | or any other records or documents maintained by any a law | 12 | | enforcement agency relating to a minor suspected of | 13 | | committing an offense or evidence of interaction with law | 14 | | enforcement . | 15 | | (0.1) (a) The Department of State Police and all law | 16 | | enforcement agencies within the State shall automatically | 17 | | expunge, on or before January 1 of each year, all law | 18 | | enforcement records relating to events occurring before an | 19 | | individual's 18th birthday if: | 20 | | (1) one year or more has elapsed since the date of the | 21 | | arrest or law enforcement interaction documented in the | 22 | | records; | 23 | | (2) no petition for delinquency or criminal charges | 24 | | were filed with the clerk of the circuit court relating to | 25 | | the arrest or law enforcement interaction documented in the | 26 | | records; and |
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| 1 | | (3) 6 months have elapsed without an additional | 2 | | subsequent arrest or filing of a petition for delinquency | 3 | | or criminal charges whether related or not to the arrest or | 4 | | law enforcement interaction documented in the records. | 5 | | (b) If the law enforcement agency is unable to verify | 6 | | satisfaction of conditions (2) and (3) of this subsection | 7 | | (0.1), records that satisfy condition (1) of this subsection | 8 | | (0.1) shall be automatically expunged if the records relate to | 9 | | an offense that if committed by an adult would not be an | 10 | | offense classified as Class 2 felony or higher, an offense | 11 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 12 | | of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or | 13 | | 12-16 of the Criminal Code of 1961. | 14 | | (0.2) (a) Upon dismissal of a petition alleging delinquency | 15 | | or upon a finding of not delinquent, the successful termination | 16 | | of an order of supervision, or an adjudication for an offense | 17 | | which would be a Class B misdemeanor, Class C misdemeanor, or a | 18 | | petty or business offense if committed by an adult, the court | 19 | | shall automatically order the expungement of the juvenile court | 20 | | and law enforcement records within 5 business days. | 21 | | (b) If the chief law enforcement officer of the agency, or | 22 | | his or her designee, certifies in writing that certain | 23 | | information is needed for a pending investigation involving the | 24 | | commission of a felony, that information, and information | 25 | | identifying the juvenile, may be retained in an intelligence | 26 | | file until the investigation is terminated or for one |
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| 1 | | additional year, whichever is sooner. Retention of a portion of | 2 | | a juvenile's law enforcement record does not disqualify the | 3 | | remainder of his or her record from immediate automatic | 4 | | expungement. | 5 | | (0.3) (a) Upon an adjudication of delinquency based on any | 6 | | offense except first degree murder, the juvenile court shall | 7 | | automatically order the expungement of the juvenile records 2 | 8 | | years after the juvenile's case was closed if no delinquency or | 9 | | criminal proceeding is pending and the person has had no | 10 | | subsequent delinquency adjudication or criminal conviction. | 11 | | The court shall automatically order the expungement of the | 12 | | juvenile court and law enforcement records within 5 business | 13 | | days. | 14 | | (b) If the chief law enforcement officer of the agency, or | 15 | | his or her designee, certifies in writing that certain | 16 | | information is needed for a pending investigation involving the | 17 | | commission of a felony, that information, and information | 18 | | identifying the juvenile, may be retained in an intelligence | 19 | | file until the investigation is terminated or for one | 20 | | additional year, whichever is sooner. Retention of a portion of | 21 | | a juvenile's law enforcement record does not disqualify the | 22 | | remainder of his or her record from immediate automatic | 23 | | expungement. | 24 | | (1) Nothing in this subsection (1) precludes an eligible | 25 | | minor from obtaining expungement under subsections (0.1), | 26 | | (0.2), or (0.3). Whenever a person has been arrested, charged, |
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| 1 | | or adjudicated delinquent for an incident occurring before his | 2 | | or her 18th birthday that if committed by an adult would be an | 3 | | offense, and that person's records are not eligible for | 4 | | automatic expungement under subsections (0.1), (0.2), or | 5 | | (0.3), the
person may petition the court at any time for | 6 | | expungement of law
enforcement records and juvenile court | 7 | | records relating to the incident and upon termination of all | 8 | | juvenile
court proceedings relating to that incident, the court | 9 | | shall order the expungement of all records in the possession of | 10 | | the Department of State Police, the clerk of the circuit court, | 11 | | and law enforcement agencies relating to the incident, but only | 12 | | in any of the following circumstances:
| 13 | | (a) the minor was arrested and no petition for | 14 | | delinquency was filed with
the clerk of the circuit court; | 15 | | (a-5) the minor was charged with an offense and the | 16 | | petition or petitions were dismissed without a finding of | 17 | | delinquency;
| 18 | | (b) the minor was charged with an offense and was found | 19 | | not delinquent of
that offense;
| 20 | | (c) the minor was placed under supervision pursuant to | 21 | | Section 5-615, and
the order of
supervision has since been | 22 | | successfully terminated; or
| 23 | | (d)
the minor was adjudicated for an offense which | 24 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 25 | | petty or business offense if committed by an adult .
| 26 | | (1.5) (Blank). Commencing 180 days after the effective date |
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| 1 | | of this amendatory Act of the 98th General Assembly, the | 2 | | Department of State Police shall automatically expunge, on or | 3 | | before January 1 of each year, a person's law enforcement | 4 | | records which are not subject to subsection (1) relating to | 5 | | incidents occurring before his or her 18th birthday in the | 6 | | Department's possession or control and which contains the final | 7 | | disposition which pertain to the person when arrested as a | 8 | | minor if:
| 9 | | (a) the minor was arrested for an eligible offense and | 10 | | no petition for delinquency was filed with the clerk of the | 11 | | circuit court; and | 12 | | (b) the person attained the age of 18 years during the | 13 | | last calendar year; and | 14 | | (c) since the date of the minor's most recent arrest, | 15 | | at least 6 months have elapsed without an additional | 16 | | arrest, filing of a petition for delinquency whether | 17 | | related or not to a previous arrest, or filing of charges | 18 | | not initiated by arrest. | 19 | | The Department of State Police shall allow a person to use | 20 | | the Access and Review process, established in the Department of | 21 | | State Police, for verifying that his or her law enforcement | 22 | | records relating to incidents occurring before his or her 18th | 23 | | birthday eligible under this subsection have been expunged as | 24 | | provided in subsection (0.1) of this Section this subsection . | 25 | | The Department of State Police shall provide by rule the | 26 | | process for access, review, and automatic expungement. |
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| 1 | | (1.6) (Blank). Commencing on the effective date of this | 2 | | amendatory Act of the 98th General Assembly, a person whose law | 3 | | enforcement records are not subject to subsection (1) or (1.5) | 4 | | of this Section and who has attained the age of 18 years may | 5 | | use the Access and Review process, established in the | 6 | | Department of State Police, for verifying his or her law | 7 | | enforcement records relating to incidents occurring before his | 8 | | or her 18th birthday in the Department's possession or control | 9 | | which pertain to the person when arrested as a minor, if the | 10 | | incident occurred no earlier than 30 years before the effective | 11 | | date of this amendatory Act of the 98th General Assembly. If | 12 | | the person identifies a law enforcement record of an eligible | 13 | | offense that meets the requirements of this subsection, | 14 | | paragraphs (a) and (c) of subsection (1.5) of this Section, and | 15 | | all juvenile court proceedings related to the person have been | 16 | | terminated, the person may file a Request for Expungement of | 17 | | Juvenile Law Enforcement Records, in the form and manner | 18 | | prescribed by the Department of State Police, with the | 19 | | Department and the Department shall consider expungement of the | 20 | | record as otherwise provided for automatic expungement under | 21 | | subsection (1.5) of this Section. The person shall provide | 22 | | notice and a copy of the Request for Expungement of Juvenile | 23 | | Law Enforcement Records to the arresting agency, prosecutor | 24 | | charged with the prosecution of the minor, or the State's | 25 | | Attorney of the county that prosecuted the minor. The | 26 | | Department of State Police shall provide by rule the process |
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| 1 | | for access, review, and Request for Expungement of Juvenile Law | 2 | | Enforcement Records. | 3 | | (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of | 4 | | this Section precludes a person from filing a petition under | 5 | | subsection (1) for expungement of records subject to automatic | 6 | | expungement under that subsection (1) or subsection (1.5) or | 7 | | (1.6) of this Section. | 8 | | (1.8) (Blank). For the purposes of subsections (1.5) and | 9 | | (1.6) of this Section, "eligible offense" means records | 10 | | relating to an arrest or incident occurring before the person's | 11 | | 18th birthday that if committed by an adult is not an offense | 12 | | classified as a Class 2 felony or higher offense, an offense | 13 | | under Article 11 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012, or an offense under Section 12-13, 12-14, | 15 | | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. | 16 | | (2) Any person whose delinquency adjudications are not | 17 | | eligible for automatic expungement under subsection (0.3) of | 18 | | this Section may petition the court to expunge all law | 19 | | enforcement records
relating to any
incidents occurring before | 20 | | his or her 18th birthday which did not result in
proceedings in | 21 | | criminal court and all juvenile court records with respect to
| 22 | | any adjudications except those based upon first degree
murder : | 23 | | and
sex offenses which would be felonies if committed by an | 24 | | adult, if the person
for whom expungement is sought has had no
| 25 | | convictions for any crime since his or her 18th birthday and:
| 26 | | (a) (blank); or has attained the age of 21 years; or
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| 1 | | (b) 2 5 years have elapsed since all juvenile court | 2 | | proceedings relating to
him or her have been terminated and | 3 | | or his or her commitment to the Department of
Juvenile | 4 | | Justice
under pursuant to this Act has been terminated . ;
| 5 | | whichever is later of (a) or (b). Nothing in this Section 5-915 | 6 | | precludes a minor from obtaining expungement under Section | 7 | | 5-622. | 8 | | (2.5) If a minor is arrested and no petition for | 9 | | delinquency is filed with the clerk of the circuit court as | 10 | | provided in paragraph (a) of subsection (1) at the time the | 11 | | minor is released from custody, the youth officer, if | 12 | | applicable, or other designated person from the arresting | 13 | | agency, shall notify verbally and in writing to the minor or | 14 | | the minor's parents or guardians that the minor has a right to | 15 | | petition to have his or her arrest record expunged when all | 16 | | juvenile court proceedings relating to that minor have been | 17 | | terminated and that unless a petition to expunge is filed, the | 18 | | minor shall have an arrest record and shall provide the minor | 19 | | and the minor's parents or guardians with an expungement | 20 | | information packet, information regarding this State's | 21 | | expungement laws including a petition to expunge juvenile | 22 | | records obtained from the clerk of the circuit court. | 23 | | (2.6) If a minor is referred to court charged with an | 24 | | offense and is found not delinquent of that offense; or if a | 25 | | minor is placed under supervision under Section 5-615, and the | 26 | | order of supervision is successfully terminated; or if a minor |
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| 1 | | is adjudicated for an offense that would be a Class B | 2 | | misdemeanor, a Class C misdemeanor, or a business or petty | 3 | | offense if committed by an adult; or if a minor has incidents | 4 | | occurring before his or her 18th birthday that have not | 5 | | resulted in proceedings in criminal court, or resulted in | 6 | | proceedings in juvenile court, and the adjudications were not | 7 | | based upon first degree murder or sex offenses that would be | 8 | | felonies if committed by an adult; then at the time of | 9 | | sentencing or dismissal of the case, or successful completion | 10 | | of supervision, the judge shall inform the delinquent minor of | 11 | | his or her rights regarding expungement right to petition for | 12 | | expungement as provided by law, and the clerk of the circuit | 13 | | court shall provide an expungement information packet to the | 14 | | delinquent minor, written in plain language, including | 15 | | information regarding this State's expungement laws and a | 16 | | petition for expungement, a sample of a completed petition, | 17 | | expungement instructions that shall include information | 18 | | informing the minor that (i) once the case is expunged, it | 19 | | shall be treated as if it never occurred, (ii) he or she may | 20 | | apply to have petition fees waived, (iii) once he or she | 21 | | obtains an expungement, he or she may not be required to | 22 | | disclose that he or she had a juvenile record, and (iv) if | 23 | | petitioning he or she may file the petition on his or her own | 24 | | or with the assistance of an attorney. The failure of the judge | 25 | | to inform the delinquent minor of his or her right to petition | 26 | | for expungement as provided by law does not create a |
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| 1 | | substantive right, nor is that failure grounds for: (i) a | 2 | | reversal of an adjudication of delinquency, (ii) a new trial; | 3 | | or (iii) an appeal. | 4 | | (2.7) (Blank). For counties with a population over | 5 | | 3,000,000, the clerk of the circuit court shall send a | 6 | | "Notification of a Possible Right to Expungement" post card to | 7 | | the minor at the address last received by the clerk of the | 8 | | circuit court on the date that the minor attains the age of 18 | 9 | | based on the birthdate provided to the court by the minor or | 10 | | his or her guardian in cases under paragraphs (b), (c), and (d) | 11 | | of subsection (1); and when the minor attains the age of 21 | 12 | | based on the birthdate provided to the court by the minor or | 13 | | his or her guardian in cases under subsection (2). | 14 | | (2.8) The petition for expungement for subsection (1) and | 15 | | (2) may include multiple offenses on the same petition and | 16 | | shall be substantially in the following form: | 17 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 18 | | ........ JUDICIAL CIRCUIT
| 19 | | IN THE INTEREST OF ) NO.
| 20 | | )
| 21 | | )
| 22 | | ...................)
| 23 | | (Name of Petitioner) | 24 | | PETITION TO EXPUNGE JUVENILE RECORDS |
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| 1 | | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2 )) | 2 | | Now comes ............., petitioner, and respectfully requests
| 3 | | that this Honorable Court enter an order expunging all juvenile | 4 | | law enforcement and court records of petitioner and in support | 5 | | thereof states that:
Petitioner has attained the age of ...., | 6 | | his/her birth date being ......, or all
Juvenile Court | 7 | | proceedings terminated as of ......, whichever occurred later.
| 8 | | Petitioner was arrested on ..... by the ....... Police | 9 | | Department for the offense or offenses of ......., and:
| 10 | | (Check All That Apply:)
| 11 | | ( ) a. no petition or petitions were filed with the Clerk of | 12 | | the Circuit Court. | 13 | | ( ) b. was charged with ...... and was found not delinquent
of | 14 | | the offense or offenses. | 15 | | ( ) c. a petition or petitions were filed and the petition or | 16 | | petitions were dismissed without a finding of delinquency on | 17 | | ..... | 18 | | ( ) d. on ....... placed under supervision pursuant to Section | 19 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 20 | | supervision successfully terminated on ........ | 21 | | ( ) e. was adjudicated for the offense or offenses , which would | 22 | | have been a Class B misdemeanor, a Class C misdemeanor, or a | 23 | | petty offense or business offense if committed by an adult . | 24 | | ( ) f. was adjudicated for a Class A misdemeanor or felony, | 25 | | except first degree murder, and 2 years have passed since the | 26 | | adjudication.
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| 1 | | Petitioner .... has .... has not been arrested on charges in | 2 | | this or any county other than the charges listed above. If | 3 | | petitioner has been arrested on additional charges, please list | 4 | | the charges below:
| 5 | | Charge(s): ...... | 6 | | Arresting Agency or Agencies: ........... | 7 | | Disposition/Result: (choose from a. through e., above): .....
| 8 | | WHEREFORE, the petitioner respectfully requests this Honorable | 9 | | Court to (1) order all law enforcement agencies to expunge all | 10 | | records of petitioner to this incident or incidents, and (2) to | 11 | | order the Clerk of the Court to expunge all records concerning | 12 | | the petitioner regarding this incident or incidents. | 13 | | ......................
| 14 | | Petitioner (Signature)
| 15 | | ..........................
| 16 | | Petitioner's Street Address
| 17 | | .....................
| 18 | | City, State, Zip Code
| 19 | | .............................
| 20 | | Petitioner's Telephone Number
| 21 | | Pursuant to the penalties of perjury under the Code of Civil |
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| 1 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 2 | | statements in this petition are true and correct, or on | 3 | | information and belief I believe the same to be true. | 4 | | ......................
| 5 | | Petitioner (Signature)
| 6 | | The Petition for Expungement for subsection (2) shall be | 7 | | substantially in the following form: | 8 | | IN THE CIRCUIT COURT OF ........, ILLINOIS | 9 | | ........ JUDICIAL CIRCUIT | 10 | | IN THE INTEREST OF ) NO.
| 11 | | )
| 12 | | )
| 13 | | ...................)
| 14 | | (Name of Petitioner) | 15 | | PETITION TO EXPUNGE JUVENILE RECORDS
| 16 | | (705 ILCS 405/5-915 (SUBSECTION 2))
| 17 | | (Please prepare a separate petition for each offense)
| 18 | | Now comes ............, petitioner, and respectfully requests | 19 | | that this Honorable Court enter an order expunging all Juvenile | 20 | | Law Enforcement and Court records of petitioner and in support | 21 | | thereof states that: | 22 | | The incident for which the Petitioner seeks expungement |
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| 1 | | occurred before the Petitioner's 18th birthday and did not | 2 | | result in proceedings in criminal court and the Petitioner has | 3 | | not had any convictions for any crime since his/her 18th | 4 | | birthday; and
| 5 | | The incident for which the Petitioner seeks expungement | 6 | | occurred before the Petitioner's 18th birthday and the | 7 | | adjudication was not based upon first-degree murder or sex | 8 | | offenses which would be felonies if committed by an adult, and | 9 | | the Petitioner has not had any convictions for any crime since | 10 | | his/her 18th birthday. | 11 | | Petitioner was arrested on ...... by the ....... Police | 12 | | Department for the offense of ........, and: | 13 | | (Check whichever one occurred the latest:) | 14 | | ( ) a. The Petitioner has attained the age of 21 years, his/her | 15 | | birthday being .......; or | 16 | | ( ) b. 5 years have elapsed since all juvenile court | 17 | | proceedings relating to the Petitioner have been terminated; or | 18 | | the Petitioner's commitment to the Department of Juvenile | 19 | | Justice
pursuant to the expungement of juvenile law enforcement | 20 | | and court records provisions of the Juvenile Court Act of 1987 | 21 | | has been terminated.
Petitioner ...has ...has not been arrested | 22 | | on charges in this or any other county other than the charge | 23 | | listed above. If petitioner has been arrested on additional | 24 | | charges, please list the charges below: | 25 | | Charge(s): .......... | 26 | | Arresting Agency or Agencies: ....... |
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| 1 | | Disposition/Result: (choose from a or b, above): .......... | 2 | | WHEREFORE, the petitioner respectfully requests this Honorable | 3 | | Court to (1) order all law enforcement agencies to expunge all | 4 | | records of petitioner related to this incident, and (2) to | 5 | | order the Clerk of the Court to expunge all records concerning | 6 | | the petitioner regarding this incident. | 7 | | .......................
| 8 | | Petitioner (Signature)
| 9 | | ......................
| 10 | | Petitioner's Street Address
| 11 | | .....................
| 12 | | City, State, Zip Code
| 13 | | .............................
| 14 | | Petitioner's Telephone Number
| 15 | | Pursuant to the penalties of perjury under the Code of Civil | 16 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 17 | | statements in this petition are true and correct, or on | 18 | | information and belief I believe the same to be true. | 19 | | ......................
| 20 | | Petitioner (Signature)
| 21 | | (3) The chief judge of the circuit in which an arrest was | 22 | | made or a charge
was brought or any
judge of that circuit |
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| 1 | | designated by the chief judge
may, upon verified petition
of a | 2 | | person who is the subject of an arrest or a juvenile court | 3 | | proceeding
under subsection (1) or (2) of this Section, order | 4 | | the law enforcement
records or official court file, or both, to | 5 | | be expunged from the official
records of the arresting | 6 | | authority, the clerk of the circuit court and the
Department of | 7 | | State Police. The person whose records are to be expunged shall | 8 | | petition the court using the appropriate form containing his or | 9 | | her current address and shall promptly notify the clerk of the | 10 | | circuit court of any change of address. Notice
of the petition | 11 | | shall be served upon the State's Attorney or prosecutor charged | 12 | | with the duty of prosecuting the offense, the Department of | 13 | | State Police, and the arresting agency or agencies by the clerk | 14 | | of the circuit court. If an objection is filed within 45
days | 15 | | of the notice of the petition, the clerk of the circuit court | 16 | | shall set a date for hearing after the 45-day 45
day objection | 17 | | period. At the hearing the court shall hear evidence on whether | 18 | | the expungement should or should not be granted. Unless the | 19 | | State's Attorney or prosecutor, the Department of State Police, | 20 | | or an arresting agency objects to the expungement within 45
| 21 | | days of the notice, the court may enter an order granting | 22 | | expungement. The clerk shall forward a certified copy of the | 23 | | order to the Department of State Police and deliver a certified | 24 | | copy of the order to the 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) (a) Upon entry of an order expunging records or files, | 5 | | the offense, which
the records or files concern shall be | 6 | | treated as if it never occurred. Law
enforcement officers and | 7 | | other public offices and agencies shall properly reply
on | 8 | | inquiry that no record or file exists with respect to the
| 9 | | person.
| 10 | | (a-5) Local law enforcement agencies shall send written | 11 | | notice to the minor of the expungement of any records within 60 | 12 | | days of automatic expungement or the date of service of an | 13 | | expungement order, whichever applies. If a minor's court file | 14 | | has been expunged, the clerk of the circuit court shall send | 15 | | written notice to the minor of the expungement of any records | 16 | | within 60 days of automatic expungement or the date of service | 17 | | of an expungement order, whichever applies. | 18 | | (b) Except with respect to authorized military personnel, | 19 | | an expunged juvenile record may not be considered by any | 20 | | private or public entity in employment matters, certification, | 21 | | licensing, revocation of certification or licensure, or | 22 | | registration. Applications for employment within the State | 23 | | must contain specific language that states that the applicant | 24 | | is not obligated to disclose expunged juvenile records of | 25 | | adjudication or arrest. Employers may not ask, in any format or | 26 | | context, if an applicant has had a juvenile record expunged. |
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| 1 | | Information about an expunged record obtained by a potential | 2 | | employer, even inadvertently, from an employment application | 3 | | that does not contain specific language that states that the | 4 | | applicant is not obligated to disclose expunged juvenile | 5 | | records of adjudication or arrest, shall be treated as | 6 | | dissemination of an expunged record by the employer. | 7 | | (c) A person whose juvenile records have been expunged is | 8 | | not entitled to remission of any fines, costs, or other money | 9 | | paid as a consequence of expungement. | 10 | | (5) (Blank). Records which have not been expunged are | 11 | | sealed, and may be obtained
only under the provisions of | 12 | | Sections 5-901, 5-905 and 5-915.
| 13 | | (5.5) Whether or not expunged, records eligible for | 14 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 15 | | (0.3)(a) may be treated as expunged by the individual subject | 16 | | to the records. | 17 | | (6) Nothing in this Section shall be construed to prohibit | 18 | | the maintenance
of information relating to an offense after | 19 | | records or files concerning the
offense have been expunged if | 20 | | the information is kept in a manner that does not
enable | 21 | | identification of the individual offender . This information | 22 | | may only be used for anonymous
statistical and bona fide | 23 | | research purposes. | 24 | | (6.5) The Department of State Police or any employee of the | 25 | | Department shall be immune from civil or criminal liability for | 26 | | failure to expunge any records of arrest that are subject to |
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| 1 | | expungement under subsection (1.5) or (1.6) of this Section | 2 | | because of inability to verify a record. Nothing in subsection | 3 | | (1.5) or (1.6) of this Section shall create Department of State | 4 | | Police liability or responsibility for the expungement of law | 5 | | enforcement records it does not possess. | 6 | | (7)(a) The State Appellate Defender shall establish, | 7 | | maintain, and carry out, by December 31, 2004, a juvenile | 8 | | expungement program
to provide information and assistance to | 9 | | minors eligible to have their juvenile records expunged.
| 10 | | (b) The State Appellate Defender shall develop brochures, | 11 | | pamphlets, and
other
materials in
printed form and through the | 12 | | agency's World Wide Web site. The pamphlets and
other materials | 13 | | shall
include at a minimum the following information:
| 14 | | (i) An explanation of the State's juvenile expungement | 15 | | laws, including both automatic expungement and expungement | 16 | | by petition process ; | 17 | | (ii) The circumstances under which juvenile | 18 | | expungement may occur; | 19 | | (iii) The juvenile offenses that may be expunged; | 20 | | (iv) The steps necessary to initiate and complete the | 21 | | juvenile expungement process;
and | 22 | | (v) Directions on how to contact the State Appellate | 23 | | Defender. | 24 | | (c) The State Appellate Defender shall establish and | 25 | | maintain a statewide
toll-free telephone
number that a person | 26 | | may use to receive information or assistance concerning
the |
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| 1 | | expungement of juvenile records. The State Appellate
Defender | 2 | | shall advertise
the toll-free telephone number statewide. The | 3 | | State Appellate Defender shall
develop an expungement
| 4 | | information packet that may be sent to eligible persons seeking | 5 | | expungement of
their juvenile records,
which may include, but | 6 | | is not limited to, a pre-printed expungement petition
with | 7 | | instructions on how
to complete the petition and a pamphlet | 8 | | containing information that would
assist individuals through
| 9 | | the juvenile expungement process. | 10 | | (d) The State Appellate Defender shall compile a statewide | 11 | | list of volunteer
attorneys willing
to assist eligible | 12 | | individuals through the juvenile expungement process. | 13 | | (e) This Section shall be implemented from funds | 14 | | appropriated by the General
Assembly to the State
Appellate | 15 | | Defender
for this purpose. The State Appellate Defender shall | 16 | | employ the necessary staff
and adopt the
necessary rules for | 17 | | implementation of this Section. | 18 | | (7.5) (a) Willful dissemination of any information | 19 | | contained in an expunged record shall be treated as a Class C | 20 | | misdemeanor and punishable by a fine of $1,000 per violation. | 21 | | (b) Willful dissemination for financial gain of any | 22 | | information contained in an expunged record shall be treated as | 23 | | a Class 4 felony. Dissemination for financial gain by an | 24 | | employee of any municipal, county, or State agency, including | 25 | | law enforcement, shall result in immediate termination. | 26 | | (c) The person whose record was expunged has a right of |
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| 1 | | action against any person who intentionally disseminates an | 2 | | expunged record. In the proceeding, punitive damages up to an | 3 | | amount of $1,000 may be sought in addition to any actual | 4 | | damages. The prevailing party shall be entitled to costs and | 5 | | reasonable attorney fees. | 6 | | (d) The punishments for dissemination of an expunged record | 7 | | shall never apply to the person whose record was expunged. | 8 | | (8)(a) An Except with respect to law enforcement agencies, | 9 | | the Department of Corrections, State's Attorneys, or other | 10 | | prosecutors, an expunged juvenile record may not be considered | 11 | | by any private or public entity in employment matters, | 12 | | certification, licensing, revocation of certification or | 13 | | licensure, or registration. Applications for employment must | 14 | | contain specific language that states that the applicant is not | 15 | | obligated to disclose expunged juvenile records of | 16 | | adjudication, conviction , or arrest. Employers may not ask if | 17 | | an applicant has had a juvenile record expunged. Effective | 18 | | January 1, 2005, the Department of Labor shall develop a link | 19 | | on the Department's website to inform employers that employers | 20 | | may not ask if an applicant had a juvenile record expunged and | 21 | | that application for employment must contain specific language | 22 | | that states that the applicant is not obligated to disclose | 23 | | expunged juvenile records of adjudication, arrest , or | 24 | | conviction. | 25 | | (b) A person whose juvenile records have been expunged is | 26 | | not entitled to remission of any fines, costs, or other money |
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| 1 | | paid as a consequence of expungement. This amendatory Act of | 2 | | the 93rd General Assembly does not affect the right of the | 3 | | victim of a crime to prosecute or defend a civil action for | 4 | | damages.
| 5 | | (c) The expungement of juvenile records under subsections | 6 | | 0.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded | 7 | | by the additional fine imposed under Section 5-9-1.17 of the | 8 | | Unified Code of Corrections and additional appropriations made | 9 | | by the General Assembly for such purpose . | 10 | | (9) (Blank). The changes made to this Section by Public Act | 11 | | 98-61 apply to law enforcement records of a minor who has been | 12 | | arrested or taken into custody on or after January 1, 2014 (the | 13 | | effective date of Public Act 98-61). | 14 | | (10) (Blank). The changes made in subsection (1.5) of this | 15 | | Section by this amendatory Act of the 98th General Assembly | 16 | | apply to law enforcement records of a minor who has been | 17 | | arrested or taken into custody on or after January 1, 2015. The | 18 | | changes made in subsection (1.6) of this Section by this | 19 | | amendatory Act of the 98th General Assembly apply to law | 20 | | enforcement records of a minor who has been arrested or taken | 21 | | into custody before January 1, 2015. | 22 | | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, | 23 | | eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised | 24 | | 9-2-16.)
| 25 | | (705 ILCS 405/5-622 rep.) |
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| 1 | | Section 10. The Juvenile Court Act of 1987 is amended by | 2 | | repealing Section 5-622".
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