Illinois General Assembly - Full Text of HB3886
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Full Text of HB3886  102nd General Assembly

HB3886eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3886 EngrossedLRB102 17071 RLC 22499 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5adding 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
9Department of Children and Family Services are entitled to the
10freedom of speech guaranteed by the First Amendment to the
11Constitution of the United States and Section 4 of Article I of
12the Illinois Constitution. The Department of Children and
13Family Services and its assigns shall not interfere with the
14right of any youth in its custody or guardianship to
15communicate with the news media if the youth chooses to do so.
16    (b) Any time the news media requests to speak with a minor
17under 18 years of age, the Department of Children and Family
18Services shall provide notice to the minor, the minor's
19attorney, and guardian ad litem within one business day of the
20request. The notice shall include at a minimum the minor's
21name, the news media name, the date of the inquiry from the
22news media, and whether the minor wants to communicate with
23the news media. If the minor is under 18 years of age and the

 

 

HB3886 Engrossed- 2 -LRB102 17071 RLC 22499 b

1Department has determined that the minor does not have
2sufficient maturity to make the decision to communicate with
3the news media and that contact with the news media will, more
4likely than not, cause serious physical, emotional, or mental
5harm the notice shall also include the basis, with
6specificity, for the Department's determination.
7    (c) If a minor 18 years of age or older chooses to speak to
8the news media, the Department shall not take any action to
9interfere with the minor's contact with the news media. If a
10minor under the age of 18 wishes to speak to the news media,
11but the Department seeks to prevent the minor's contact with
12the news media, the Department shall file a motion for court
13review of its determination within one day of its
14determination and in no event more than 48 hours from the news
15media's request.
16    (d) Any minor may file a motion seeking to enforce rights
17under this Section.
18    (e) For proceedings on a motion pursuant to subsection (c)
19or (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
14not limited to: withholding information from a minor about a
15news media outlet's request to speak with the minor, including
16any contact information necessary to respond to the request;
17preventing a minor from communicating with the news media;
18threatening or coercing the minor in any manner; or punishing
19or taking adverse action because of a minor's contact with the
20news 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
14conditions on the minor's ability to communicate with the news
15media that mitigate the likelihood that physical, emotional,
16or 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.