Full Text of HB3886 102nd General Assembly
HB3886eng 102ND GENERAL ASSEMBLY |
| | HB3886 Engrossed | | LRB102 17071 RLC 22499 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | adding Section 2-10.3 as follows: | 6 | | (705 ILCS 405/2-10.3 new) | 7 | | Sec. 2-10.3. Access to news media. | 8 | | (a) All youth in the custody or guardianship of the | 9 | | Department of Children and Family Services are entitled to the | 10 | | freedom of speech guaranteed by the First Amendment to the | 11 | | Constitution of the United States and Section 4 of Article I of | 12 | | the Illinois Constitution. The Department of Children and | 13 | | Family Services and its assigns shall not interfere with the | 14 | | right of any youth in its custody or guardianship to | 15 | | communicate with the news media if the youth chooses to do so. | 16 | | (b) Any time the news media requests to speak with a minor | 17 | | under 18 years of age, the Department of Children and Family | 18 | | Services shall provide notice to the minor, the minor's | 19 | | attorney, and guardian ad litem within one business day of the | 20 | | request. The notice shall include at a minimum the minor's | 21 | | name, the news media name, the date of the inquiry from the | 22 | | news media, and whether the minor wants to communicate with | 23 | | the news media. If the minor is under 18 years of age and the |
| | | HB3886 Engrossed | - 2 - | LRB102 17071 RLC 22499 b |
|
| 1 | | Department has determined that the minor does not have | 2 | | sufficient maturity to make the decision to communicate with | 3 | | the news media and that contact with the news media will, more | 4 | | likely than not, cause serious physical, emotional, or mental | 5 | | harm the notice shall also include the basis, with | 6 | | specificity, for the Department's determination. | 7 | | (c) If a minor 18 years of age or older chooses to speak to | 8 | | the news media, the Department shall not take any action to | 9 | | interfere with the minor's contact with the news media. If a | 10 | | minor under the age of 18 wishes to speak to the news media, | 11 | | but the Department seeks to prevent the minor's contact with | 12 | | the news media, the Department shall file a motion for court | 13 | | review of its determination within one day of its | 14 | | determination and in no event more than 48 hours from the news | 15 | | media's request. | 16 | | (d) Any minor may file a motion seeking to enforce rights | 17 | | under this Section. | 18 | | (e) For proceedings on a motion pursuant to subsection (c) | 19 | | or (d), all of the following requirements shall be met: | 20 | | (1) if the minor does not have an attorney, the court | 21 | | shall appoint one for purposes of the motion; | 22 | | (2) the Department shall facilitate the minor's | 23 | | presence in court for hearings regarding the motion if the | 24 | | minor wants to be present; | 25 | | (3) the Department shall provide prior notice of the | 26 | | hearing to the involved news media; |
| | | HB3886 Engrossed | - 3 - | LRB102 17071 RLC 22499 b |
|
| 1 | | (4) if the minor whose speech is at issue is 18 years | 2 | | of age or older, and it is established that the minor | 3 | | wishes to speak to the news media, the Court shall reject | 4 | | and overrule any and all speech restrictions sought by the | 5 | | Department and further shall enjoin the Department's | 6 | | further interference in the minor's contacts with the news | 7 | | media; | 8 | | (5) if the minor is under 18 years of age, the | 9 | | Department shall have the burden to establish by clear and | 10 | | convincing evidence that the minor does not have | 11 | | sufficient maturity to make his or her own decision to | 12 | | communicate with the news media and that contact with the | 13 | | news media will, more likely than not, cause the minor | 14 | | serious physical, emotional or mental harm. The Department | 15 | | further shall bear the burden of showing by clear and | 16 | | convincing evidence that less restrictive means are | 17 | | insufficient to address a minor's lack of maturity or the | 18 | | threat of serious physical, emotional, or mental harm; | 19 | | (6) if the court finds by clear and convincing | 20 | | evidence that a minor under 18 years of age lacks | 21 | | sufficient maturity to make his or her own decision to | 22 | | communicate with the news media and that contact with the | 23 | | news media will, more likely than not, cause the minor | 24 | | serious physical, emotional, or mental harm, the court may | 25 | | issue an order identifying the specific limits that the | 26 | | Department may impose on the minor's communication with |
| | | HB3886 Engrossed | - 4 - | LRB102 17071 RLC 22499 b |
|
| 1 | | the news media. The order shall not permit the Department | 2 | | to prevent the minor from communicating with the news | 3 | | media unless it determines that no less restrictive means | 4 | | are available to address the likelihood of harm to the | 5 | | minor; | 6 | | (7) the court may not impose any limitations on the | 7 | | speech of a minor based on viewpoints the minor may | 8 | | express or information the minor may divulge, unless it is | 9 | | confidential information regarding third parties; and | 10 | | (8) all orders resolving a motion brought pursuant to | 11 | | subsection (c) or (d) shall contain written findings in | 12 | | support of the court's ruling. | 13 | | (f) As used in this Section, "interfere" includes, but is | 14 | | not limited to: withholding information from a minor about a | 15 | | news media outlet's request to speak with the minor, including | 16 | | any contact information necessary to respond to the request; | 17 | | preventing a minor from communicating with the news media; | 18 | | threatening or coercing the minor in any manner; or punishing | 19 | | or taking adverse action because of a minor's contact with the | 20 | | news media. "Interfere" does not include: | 21 | | (1) providing information and advice about | 22 | | communicating with news media that is consistent with the | 23 | | minor's age, developmental capacity and circumstances, | 24 | | including information about the minor's right to refuse | 25 | | particular questions, the right to condition the | 26 | | participation upon a promise of anonymity or other privacy |
| | | HB3886 Engrossed | - 5 - | LRB102 17071 RLC 22499 b |
|
| 1 | | measures, the right to refuse to speak to the news media, | 2 | | and similar advice designed to enhance the minor's right | 3 | | to autonomy in communicating with the news media; and | 4 | | (2) with respect to a minor under 18 years of age, | 5 | | conducting an inquiry into whether (i) the minor under 18 | 6 | | years of age is sufficiently mature to decide whether to | 7 | | communicate with the news media and (ii) whether | 8 | | communicating with the news media will more likely than | 9 | | not cause serious physical, emotional, or mental harm to | 10 | | the minor under 18 years of age. The inquiry in this | 11 | | subsection must be concluded within 24 hours of the | 12 | | request from the news media. | 13 | | (g) As used in this Section, "less restrictive means" are | 14 | | conditions on the minor's ability to communicate with the news | 15 | | media that mitigate the likelihood that physical, emotional, | 16 | | or mental harm will result, and include but are not limited to: | 17 | | (1) the news media outlet's willingness to take steps | 18 | | to protect the minor's privacy, such as using a pseudonym | 19 | | or limiting the use of the voice or image of the minor; | 20 | | (2) the presence of the minor's guardian ad litem or | 21 | | attorney or another adult of the minor's choosing, during | 22 | | the communication with the news media; and | 23 | | (3) providing the minor with age-appropriate media | 24 | | literacy materials or other relevant educational material.
|
|