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

HB3886ham001 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 4/12/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3886

2    AMENDMENT NO. ______. Amend House Bill 3886 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1under 18 years of age, the Department of Children and Family
2Services shall provide notice to the minor, the minor's
3attorney, and guardian ad litem within one business day of the
4request. The notice shall include at a minimum the minor's
5name, the news media name, the date of the inquiry from the
6news media, and whether the minor wants to communicate with
7the news media. If the minor is under 18 years of age and the
8Department has determined that the minor does not have
9sufficient maturity to make the decision to communicate with
10the news media and that contact with the news media will, more
11likely than not, cause serious physical, emotional or mental
12harm the notice shall also include the basis, with
13specificity, for the Department's determination.
14    (c) If a minor 18 years of age or older chooses to speak to
15the news media, the Department shall not take any action to
16interfere with the minor's contact with the news media. If a
17minor under the age of 18 wishes to speak to the news media,
18but the Department seeks to prevent the minor's contact with
19the news media, the Department shall file a motion for court
20review of its determination within one day of its
21determination and in no event more than 48 hours from the news
22media's request.
23    (d) Any minor may file a motion seeking to enforce rights
24under this Section.
25    (e) For proceedings on a motion pursuant to subsection (c)
26or (d), all of the following requirements shall be met:

 

 

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1        (1) if the minor does not have an attorney, the court
2    shall appoint one for purposes of the motion;
3        (2) the Department shall facilitate the minor's
4    presence in court for hearings regarding the motion if the
5    minor wants to be present;
6        (3) the Department shall provide prior notice of the
7    hearing to the involved news media;
8        (4) if the minor whose speech is at issue is 18 years
9    of age or older, and it is established that the minor
10    wishes to speak to the news media, the Court shall reject
11    and overrule any and all speech restrictions sought by the
12    Department and further shall enjoin the Department's
13    further interference in the minor's contacts with the news
14    media;
15        (5) if the minor is under 18 years of age, the
16    Department shall have the burden to establish by clear and
17    convincing evidence that the minor does not have
18    sufficient maturity to make his or her own decision to
19    communicate with the news media and that contact with the
20    news media will, more likely than not, cause the minor
21    serious physical, emotional or mental harm. The Department
22    further shall bear the burden of showing by clear and
23    convincing evidence that less restrictive means are
24    insufficient to address a minor's lack of maturity or the
25    threat of serious physical, emotional, or mental harm;
26        (6) if the court finds by clear and convincing

 

 

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1    evidence that a minor under 18 years of age lacks
2    sufficient maturity to make his or her own decision to
3    communicate with the news media and that contact with the
4    news media will, more likely than not, cause the minor
5    serious physical, emotional or mental harm, the court may
6    issue an order identifying the specific limits that the
7    Department may impose on the minor's communication with
8    the news media. The order shall not permit the Department
9    to prevent the minor from communicating with the news
10    media unless it determines that no less restrictive means
11    are available to address the likelihood of harm to the
12    minor;
13        (7) the court may not impose any limitations on the
14    speech of a minor based on viewpoints the minor may
15    express or information the minor may divulge, unless it is
16    confidential information regarding third parties; and
17        (8) all orders resolving a motion brought pursuant to
18    subsection (c) or (d) shall contain written findings in
19    support of the court's ruling.
20    (f) As used in this Section, "interfere" includes, but is
21not limited to: withholding information from a minor about a
22news media outlet's request to speak with the minor, including
23any contact information necessary to respond to the request;
24preventing a minor from communicating with the news media;
25threatening or coercing the minor in any manner; or punishing
26or taking adverse action because of a minor's contact with the

 

 

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1news media. "Interfere" does not include:
2        (1) providing information and advice about
3    communicating with news media that is consistent with the
4    minor's age, developmental capacity and circumstances,
5    including information about the minor's right to refuse
6    particular questions, the right to condition the
7    participation upon a promise of anonymity or other privacy
8    measures, the right to refuse to speak to the news media,
9    and similar advice designed to enhance the minor's right
10    to autonomy in communicating with the news media; and
11        (2) with respect to a minor under 18 years of age,
12    conducting an inquiry into whether (i) the minor under 18
13    years of age is sufficiently mature to decide whether to
14    communicate with the news media and (ii) whether
15    communicating with the news media will more likely than
16    not cause serious physical, emotional, or mental harm to
17    the minor under 18 years of age. The inquiry in this
18    subsection must be concluded within 24 hours of the
19    request from the news media.
20    (g) As used in this Section, "less restrictive means" are
21conditions on the minor's ability to communicate with the news
22media that mitigate the likelihood that physical, emotional,
23or mental harm will result, and include but are not limited to:
24        (1) the news media outlet's willingness to take steps
25    to protect the minor's privacy, such as using a pseudonym
26    or limiting the use of the voice or image of the minor;

 

 

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1        (2) the presence of the minor's guardian ad litem or
2    attorney or another adult of the minor's choosing, during
3    the communication with the news media; and
4        (3) providing the minor with age-appropriate media
5    literacy materials or other relevant educational
6    material.".