Full Text of SB1923 98th General Assembly
SB1923enr 98TH GENERAL ASSEMBLY |
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| 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 | | changing Section 1-8 as follows:
| 6 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| 7 | | Sec. 1-8. Confidentiality and accessibility of juvenile | 8 | | court records.
| 9 | | (A) Inspection and copying of juvenile court records | 10 | | relating to a minor
who is the subject of a proceeding under | 11 | | this Act shall be restricted to the
following:
| 12 | | (1) The minor who is the subject of record, his | 13 | | parents, guardian
and counsel.
| 14 | | (2) Law enforcement officers and law enforcement | 15 | | agencies when such
information is essential to executing an | 16 | | arrest or search warrant or other
compulsory process, or to | 17 | | conducting an ongoing investigation
or relating to a minor | 18 | | who
has been adjudicated delinquent and there has been a | 19 | | previous finding that
the act which constitutes the | 20 | | previous offense was committed in furtherance
of criminal | 21 | | activities by a criminal street gang.
| 22 | | Before July 1, 1994, for the purposes of this Section, | 23 | | "criminal street
gang" means any ongoing
organization, |
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| 1 | | association, or group of 3 or more persons, whether formal | 2 | | or
informal, having as one of its primary activities the | 3 | | commission of one or
more criminal acts and that has a | 4 | | common name or common identifying sign,
symbol or specific | 5 | | color apparel displayed, and whose members individually
or | 6 | | collectively engage in or have engaged in a pattern of | 7 | | criminal activity.
| 8 | | Beginning July 1, 1994, for purposes of this Section, | 9 | | "criminal street
gang" has the meaning ascribed to it in | 10 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (3) Judges, hearing officers, prosecutors, probation | 13 | | officers, social
workers or other
individuals assigned by | 14 | | the court to conduct a pre-adjudication or
predisposition | 15 | | investigation, and individuals responsible for supervising
| 16 | | or providing temporary or permanent care and custody for | 17 | | minors pursuant
to the order of the juvenile court when | 18 | | essential to performing their
responsibilities.
| 19 | | (4) Judges, prosecutors and probation officers:
| 20 | | (a) in the course of a trial when institution of | 21 | | criminal proceedings
has been permitted or required | 22 | | under Section 5-805; or
| 23 | | (b) when criminal proceedings have been permitted
| 24 | | or
required under Section 5-805 and a minor is the | 25 | | subject of a
proceeding to
determine the amount of | 26 | | bail; or
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| 1 | | (c) when criminal proceedings have been permitted
| 2 | | or
required under Section 5-805 and a minor is the | 3 | | subject of a
pre-trial
investigation, pre-sentence | 4 | | investigation or fitness hearing, or
proceedings on an | 5 | | application for probation; or
| 6 | | (d) when a minor becomes 17 years of age or older, | 7 | | and is the subject
of criminal proceedings, including a | 8 | | hearing to determine the amount of
bail, a pre-trial | 9 | | investigation, a pre-sentence investigation, a fitness
| 10 | | hearing, or proceedings on an application for | 11 | | probation.
| 12 | | (5) Adult and Juvenile Prisoner Review Boards.
| 13 | | (6) Authorized military personnel.
| 14 | | (7) Victims, their subrogees and legal | 15 | | representatives; however, such
persons shall have access | 16 | | only to the name and address of the minor and
information | 17 | | pertaining to the disposition or alternative adjustment | 18 | | plan
of the juvenile court.
| 19 | | (8) 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 agency
that prepared the | 22 | | particular records; provided that publication of such
| 23 | | research results in no disclosure of a minor's identity and | 24 | | protects the
confidentiality of the record.
| 25 | | (9) The Secretary of State to whom the Clerk of the | 26 | | Court shall report
the disposition of all cases, as |
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| 1 | | required in Section 6-204 of the Illinois
Vehicle Code. | 2 | | However, information reported relative to these offenses | 3 | | shall
be privileged and available only to the Secretary of | 4 | | State, courts, and police
officers.
| 5 | | (10) The administrator of a bonafide substance abuse | 6 | | student
assistance program with the permission of the | 7 | | presiding judge of the
juvenile court.
| 8 | | (11) Mental health professionals on behalf of the | 9 | | Illinois Department of
Corrections or the Department of | 10 | | Human Services or prosecutors who are
evaluating, | 11 | | prosecuting, or investigating a potential or actual | 12 | | petition
brought
under the Sexually Violent Persons | 13 | | Commitment Act relating to a person who is the
subject of
| 14 | | juvenile court records or the respondent to a petition | 15 | | brought under
the
Sexually Violent Persons Commitment Act, | 16 | | who is the subject of juvenile
court records
sought. Any | 17 | | records and any information obtained from those records | 18 | | under this
paragraph (11) may be used only in sexually | 19 | | violent persons commitment
proceedings.
| 20 | | (A-1) Findings and exclusions of paternity entered in | 21 | | proceedings occurring under Article II of this Act shall be | 22 | | disclosed, in a manner and form approved by the Presiding Judge | 23 | | of the Juvenile Court, to the Department of Healthcare and | 24 | | Family Services when necessary to discharge the duties of the | 25 | | Department of Healthcare and Family Services under Article X of | 26 | | the Illinois Public Aid Code. |
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| 1 | | (B) A minor who is the victim in a juvenile proceeding | 2 | | shall be
provided the same confidentiality regarding | 3 | | disclosure of identity as the
minor who is the subject of | 4 | | record.
| 5 | | (C) Except as otherwise provided in this subsection (C), | 6 | | juvenile court
records shall not be made available to the | 7 | | general public . Subject to the limitations in paragraphs (0.1) | 8 | | through (0.4) of this subsection (C), the judge presiding over | 9 | | a juvenile court proceeding brought under this Act, in his or | 10 | | her discretion, may order that juvenile court records of an | 11 | | individual case be made available for inspection upon request | 12 | | by a representative of an agency, association, or news media | 13 | | entity or by a properly interested person. For purposes of | 14 | | inspecting documents under this subsection (C), a civil | 15 | | subpoena is not an order of the court.
but may be inspected by | 16 | | representatives of agencies, associations and news
media or | 17 | | other properly interested persons by general or special order | 18 | | of
the court presiding over matters pursuant to this Act. | 19 | | (0.1) In cases where the records concern a pending | 20 | | juvenile court case, the requesting party seeking to | 21 | | inspect the juvenile court records shall provide actual | 22 | | notice to the attorney or guardian ad litem of the minor | 23 | | whose records are sought. | 24 | | (0.2) In cases where the records concern a juvenile | 25 | | court case that is no longer pending, the requesting party | 26 | | seeking to inspect the juvenile court records shall provide |
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| 1 | | actual notice to the minor or the minor's parent or legal | 2 | | guardian, and the matter shall be referred to the chief | 3 | | judge presiding over matters pursuant to this Act. | 4 | | (0.3) In determining whether the records should be made | 5 | | available for inspection and whether inspection should be | 6 | | limited to certain parts of the file , the court shall | 7 | | consider the minor's interest in confidentiality and | 8 | | rehabilitation over the requesting moving party's interest | 9 | | in obtaining the information. The State's Attorney, the | 10 | | minor, and the minor's parents, guardian, and counsel shall | 11 | | at all times have the right to examine court files and | 12 | | records. For purposes of obtaining documents pursuant to | 13 | | this Section, a civil subpoena is not an order of the | 14 | | court. | 15 | | (0.4) Any records obtained in violation of this | 16 | | subsection (C) shall not be admissible in any criminal or | 17 | | civil proceeding, or operate to disqualify a minor from | 18 | | subsequently holding public office, or operate as a | 19 | | forfeiture of any public benefit, right, privilege, or | 20 | | right to receive any license granted by public authority.
| 21 | | (1) The
court shall allow the general public to have | 22 | | access to the name, address, and offense of a minor
who is | 23 | | adjudicated a delinquent minor under this Act under either | 24 | | of the
following circumstances:
| 25 | | (A) The
adjudication of
delinquency was based upon | 26 | | the
minor's
commission of first degree murder, attempt |
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| 1 | | to commit first degree
murder, aggravated criminal | 2 | | sexual assault, or criminal sexual assault; or
| 3 | | (B) The court has made a finding that the minor was | 4 | | at least 13 years of
age
at the time the act was | 5 | | committed and the adjudication of delinquency was | 6 | | based
upon the minor's commission of: (i)
an act in | 7 | | furtherance of the commission of a felony as a member | 8 | | of or on
behalf of a criminal street
gang, (ii) an act | 9 | | involving the use of a firearm in the commission of a
| 10 | | felony, (iii) an act that would be a Class X felony | 11 | | offense
under or
the minor's second or subsequent
Class | 12 | | 2 or greater felony offense under the Cannabis Control | 13 | | Act if committed by an adult,
(iv) an act that would be | 14 | | a second or subsequent offense under Section 402 of
the | 15 | | Illinois Controlled Substances Act if committed by an | 16 | | adult, (v) an act
that would be an offense under | 17 | | Section 401 of the Illinois Controlled
Substances Act | 18 | | if committed by an adult, (vi) an act that would be a | 19 | | second or subsequent offense under Section 60 of the | 20 | | Methamphetamine Control and Community Protection Act, | 21 | | or (vii) an act that would be an offense under another | 22 | | Section of the Methamphetamine Control and Community | 23 | | Protection Act.
| 24 | | (2) The court
shall allow the general public to have | 25 | | access to the name, address, and offense of a minor who is | 26 | | at least 13 years of age at
the time the offense
is |
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| 1 | | committed and who is convicted, in criminal proceedings
| 2 | | permitted or required under Section 5-4, under either of | 3 | | the following
circumstances:
| 4 | | (A) The minor has been convicted of first degree | 5 | | murder, attempt
to commit first degree
murder, | 6 | | aggravated criminal sexual
assault, or criminal sexual | 7 | | assault,
| 8 | | (B) The court has made a finding that the minor was | 9 | | at least 13 years
of age
at the time the offense was | 10 | | committed and the conviction was based upon the
minor's | 11 | | commission of: (i)
an offense in
furtherance of the | 12 | | commission of a felony as a member of or on behalf of a
| 13 | | criminal street gang, (ii) an offense
involving the use | 14 | | of a firearm in the commission of a felony, (iii)
a | 15 | | Class X felony offense under or a second or subsequent | 16 | | Class 2 or
greater felony offense under the Cannabis | 17 | | Control Act, (iv) a
second or subsequent offense under | 18 | | Section 402 of the Illinois
Controlled Substances Act, | 19 | | (v) an offense under Section 401 of the Illinois
| 20 | | Controlled Substances Act, (vi) an act that would be a | 21 | | second or subsequent offense under Section 60 of the | 22 | | Methamphetamine Control and Community Protection Act, | 23 | | or (vii) an act that would be an offense under another | 24 | | Section of the Methamphetamine Control and Community | 25 | | Protection Act.
| 26 | | (D) Pending or following any adjudication of delinquency |
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| 1 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | 2 | | 12-13 through 12-16 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012,
the victim of any such offense shall | 4 | | receive the
rights set out in Sections 4 and 6 of the Bill of
| 5 | | Rights for Victims and Witnesses of Violent Crime Act; and the
| 6 | | juvenile who is the subject of the adjudication, | 7 | | notwithstanding any other
provision of this Act, shall be | 8 | | treated
as an adult for the purpose of affording such rights to | 9 | | the victim.
| 10 | | (E) Nothing in this Section shall affect the right of a | 11 | | Civil Service
Commission or appointing authority of any state, | 12 | | county or municipality
examining the character and fitness of
| 13 | | an applicant for employment with a law enforcement
agency, | 14 | | correctional institution, or fire department to
ascertain
| 15 | | whether that applicant was ever adjudicated to be a delinquent | 16 | | minor and,
if so, to examine the records of disposition or | 17 | | evidence which were made in
proceedings under this Act.
| 18 | | (F) Following any adjudication of delinquency for a crime | 19 | | which would be
a felony if committed by an adult, or following | 20 | | any adjudication of delinquency
for a violation of Section | 21 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 23 | | whether the minor respondent is enrolled in school and, if so, | 24 | | shall provide
a copy of the dispositional order to the | 25 | | principal or chief administrative
officer of the school. Access | 26 | | to such juvenile records shall be limited
to the principal or |
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| 1 | | chief administrative officer of the school and any guidance
| 2 | | counselor designated by him.
| 3 | | (G) Nothing contained in this Act prevents the sharing or
| 4 | | disclosure of information or records relating or pertaining to | 5 | | juveniles
subject to the provisions of the Serious Habitual | 6 | | Offender Comprehensive
Action Program when that information is | 7 | | used to assist in the early
identification and treatment of | 8 | | habitual juvenile offenders.
| 9 | | (H) When a Court hearing a proceeding under Article II of | 10 | | this Act becomes
aware that an earlier proceeding under Article | 11 | | II had been heard in a different
county, that Court shall | 12 | | request, and the Court in which the earlier
proceedings were | 13 | | initiated shall transmit, an authenticated copy of the Court
| 14 | | record, including all documents, petitions, and orders filed | 15 | | therein and the
minute orders, transcript of proceedings, and | 16 | | docket entries of the Court.
| 17 | | (I) The Clerk of the Circuit Court shall report to the | 18 | | Department of
State
Police, in the form and manner required by | 19 | | the Department of State Police, the
final disposition of each | 20 | | minor who has been arrested or taken into custody
before his or | 21 | | her 17th birthday for those offenses required to be reported
| 22 | | under Section 5 of the Criminal Identification Act. Information | 23 | | reported to
the Department under this Section may be maintained | 24 | | with records that the
Department files under Section 2.1 of the | 25 | | Criminal Identification Act.
| 26 | | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; |
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| 1 | | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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