Full Text of HB4538 98th General Assembly
HB4538eng 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 Sections 1-7, 1-8, 5-120, 5-407, 5-805, 5-901, and | 6 | | 5-905 as follows:
| 7 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 8 | | Sec. 1-7. Confidentiality of law enforcement records.
| 9 | | (A) Inspection and copying of law enforcement records | 10 | | maintained by law
enforcement agencies that relate to a minor | 11 | | who has been arrested or taken
into custody before his or her | 12 | | 18th birthday shall be restricted to the
following:
| 13 | | (1) Any local, State or federal law enforcement | 14 | | officers of any
jurisdiction or agency when necessary for | 15 | | the discharge of their official
duties during the | 16 | | investigation or prosecution of a crime or relating to a
| 17 | | minor who has been adjudicated delinquent and there has | 18 | | been a previous finding
that the act which constitutes the | 19 | | previous offense was committed in
furtherance of criminal | 20 | | activities by a criminal street gang, or, when necessary | 21 | | for the discharge of its official duties in connection with | 22 | | a particular investigation of the conduct of a law | 23 | | enforcement officer, an independent agency or its staff |
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| 1 | | created by ordinance and charged by a unit of local | 2 | | government with the duty of investigating the conduct of | 3 | | law enforcement officers. For purposes of
this Section, | 4 | | "criminal street gang" has the meaning ascribed to it in
| 5 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 6 | | Prevention Act.
| 7 | | (2) Prosecutors, probation officers, social workers, | 8 | | or other
individuals assigned by the court to conduct a | 9 | | pre-adjudication or
pre-disposition investigation, and | 10 | | individuals responsible for supervising
or providing | 11 | | temporary or permanent care and custody for minors pursuant | 12 | | to
the order of the juvenile court, when essential to | 13 | | performing their
responsibilities.
| 14 | | (3) Prosecutors and probation officers:
| 15 | | (a) in the course of a trial when institution of | 16 | | criminal proceedings
has been permitted or required | 17 | | under Section 5-805; or
| 18 | | (b) when institution of criminal proceedings has | 19 | | been permitted or required under Section 5-805 and such | 20 | | minor is the
subject
of a proceeding to determine the | 21 | | amount of bail; or
| 22 | | (c) when criminal proceedings have been permitted
| 23 | | or
required under Section 5-805 and such minor is the | 24 | | subject of a
pre-trial
investigation, pre-sentence | 25 | | investigation, fitness hearing, or proceedings
on an | 26 | | application for probation.
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| 1 | | (4) Adult and Juvenile Prisoner Review Board.
| 2 | | (5) Authorized military personnel.
| 3 | | (6) Persons engaged in bona fide research, with the | 4 | | permission of the
Presiding Judge of the Juvenile Court and | 5 | | the chief executive of the respective
law enforcement | 6 | | agency; provided that publication of such research results
| 7 | | in no disclosure of a minor's identity and protects the | 8 | | confidentiality
of the minor's record.
| 9 | | (7) Department of Children and Family Services child | 10 | | protection
investigators acting in their official | 11 | | capacity.
| 12 | | (8) The appropriate school official only if the agency | 13 | | or officer believes that there is an imminent threat of | 14 | | physical harm to students, school personnel, or others who | 15 | | are present in the school or on school grounds. | 16 | | (A) Inspection and copying
shall be limited to law | 17 | | enforcement records transmitted to the appropriate
| 18 | | school official or officials whom the school has | 19 | | determined to have a legitimate educational or safety | 20 | | interest by a local law enforcement agency under a | 21 | | reciprocal reporting
system established and maintained | 22 | | between the school district and the local law
| 23 | | enforcement agency under Section 10-20.14 of the | 24 | | School Code concerning a minor
enrolled in a school | 25 | | within the school district who has been arrested or | 26 | | taken
into custody for any of the following offenses:
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| 1 | | (i) any violation of Article 24 of the Criminal | 2 | | Code of
1961 or the Criminal Code of 2012;
| 3 | | (ii) a violation of the Illinois Controlled | 4 | | Substances Act;
| 5 | | (iii) a violation of the Cannabis Control Act;
| 6 | | (iv) a forcible felony as defined in Section | 7 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 8 | | Code of 2012; | 9 | | (v) a violation of the Methamphetamine Control | 10 | | and Community Protection Act;
| 11 | | (vi) a violation of Section 1-2 of the | 12 | | Harassing and Obscene Communications Act; | 13 | | (vii) a violation of the Hazing Act; or | 14 | | (viii) a violation of Section 12-1, 12-2, | 15 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 16 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012. | 18 | | The information derived from the law enforcement | 19 | | records shall be kept separate from and shall not | 20 | | become a part of the official school record of that | 21 | | child and shall not be a public record. The information | 22 | | shall be used solely by the appropriate school official | 23 | | or officials whom the school has determined to have a | 24 | | legitimate educational or safety interest to aid in the | 25 | | proper rehabilitation of the child and to protect the | 26 | | safety of students and employees in the school. If the |
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| 1 | | designated law enforcement and school officials deem | 2 | | it to be in the best interest of the minor, the student | 3 | | may be referred to in-school or community based social | 4 | | services if those services are available. | 5 | | "Rehabilitation services" may include interventions by | 6 | | school support personnel, evaluation for eligibility | 7 | | for special education, referrals to community-based | 8 | | agencies such as youth services, behavioral healthcare | 9 | | service providers, drug and alcohol prevention or | 10 | | treatment programs, and other interventions as deemed | 11 | | appropriate for the student. | 12 | | (B) Any information provided to appropriate school | 13 | | officials whom the school has determined to have a | 14 | | legitimate educational or safety interest by local law | 15 | | enforcement officials about a minor who is the subject | 16 | | of a current police investigation that is directly | 17 | | related to school safety shall consist of oral | 18 | | information only, and not written law enforcement | 19 | | records, and shall be used solely by the appropriate | 20 | | school official or officials to protect the safety of | 21 | | students and employees in the school and aid in the | 22 | | proper rehabilitation of the child. The information | 23 | | derived orally from the local law enforcement | 24 | | officials shall be kept separate from and shall not | 25 | | become a part of the official school record of the | 26 | | child and shall not be a public record. This limitation |
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| 1 | | on the use of information about a minor who is the | 2 | | subject of a current police investigation shall in no | 3 | | way limit the use of this information by prosecutors in | 4 | | pursuing criminal charges arising out of the | 5 | | information disclosed during a police investigation of | 6 | | the minor. For purposes of this paragraph, | 7 | | "investigation" means an official systematic inquiry | 8 | | by a law enforcement agency into actual or suspected | 9 | | criminal activity.
| 10 | | (9) Mental health professionals on behalf of the | 11 | | Illinois Department of
Corrections or the Department of | 12 | | Human Services or prosecutors who are
evaluating, | 13 | | prosecuting, or investigating a potential or actual | 14 | | petition
brought
under the Sexually Violent Persons | 15 | | Commitment Act relating to a person who is
the
subject of | 16 | | juvenile law enforcement records or the respondent to a | 17 | | petition
brought under the Sexually Violent Persons | 18 | | Commitment Act who is the subject of
the
juvenile law | 19 | | enforcement records sought.
Any records and any | 20 | | information obtained from those records under this
| 21 | | paragraph (9) may be used only in sexually violent persons | 22 | | commitment
proceedings.
| 23 | | (10) The president of a park district. Inspection and | 24 | | copying shall be limited to law enforcement records | 25 | | transmitted to the president of the park district by the | 26 | | Illinois State Police under Section 8-23 of the Park |
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| 1 | | District Code or Section 16a-5 of the Chicago Park District | 2 | | Act concerning a person who is seeking employment with that | 3 | | park district and who has been adjudicated a juvenile | 4 | | delinquent for any of the offenses listed in subsection (c) | 5 | | of Section 8-23 of the Park District Code or subsection (c) | 6 | | of Section 16a-5 of the Chicago Park District Act.
| 7 | | (B)(1) Except as provided in paragraph (2), no law | 8 | | enforcement
officer or other person or agency may knowingly | 9 | | transmit to the Department of
Corrections or the Department | 10 | | of State Police or to the Federal
Bureau of Investigation | 11 | | any fingerprint or photograph relating to a minor who
has | 12 | | been arrested or taken into custody before his or her 18th | 13 | | birthday,
unless the court in proceedings under this Act | 14 | | authorizes the transmission or
enters an order under | 15 | | Section 5-805 permitting or requiring the
institution of
| 16 | | criminal proceedings.
| 17 | | (2) Law enforcement officers or other persons or | 18 | | agencies shall transmit
to the Department of State Police | 19 | | copies of fingerprints and descriptions
of all minors who | 20 | | have been arrested or taken into custody before their
18th | 21 | | birthday for the offense of unlawful use of weapons under | 22 | | Article 24 of
the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012, a Class X or Class 1 felony, a forcible | 24 | | felony as
defined in Section 2-8 of the Criminal Code of | 25 | | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| 26 | | felony under the Cannabis Control Act, the Illinois |
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| 1 | | Controlled Substances Act, the Methamphetamine Control and | 2 | | Community Protection Act,
or Chapter 4 of the Illinois | 3 | | Vehicle Code, pursuant to Section 5 of the
Criminal | 4 | | Identification Act. Information reported to the Department | 5 | | pursuant
to this Section may be maintained with records | 6 | | that the Department files
pursuant to Section 2.1 of the | 7 | | Criminal Identification Act. Nothing in this
Act prohibits | 8 | | a law enforcement agency from fingerprinting a minor taken | 9 | | into
custody or arrested before his or her 18th birthday | 10 | | for an offense other than
those listed in this paragraph | 11 | | (2).
| 12 | | (C) The records of law enforcement officers, or of an | 13 | | independent agency created by ordinance and charged by a unit | 14 | | of local government with the duty of investigating the conduct | 15 | | of law enforcement officers, concerning all minors under
18 | 16 | | years of age must be maintained separate from the records of | 17 | | arrests and
may not be open to public inspection or their | 18 | | contents disclosed to the
public except by order of the court | 19 | | presiding over matters pursuant to this Act or when the | 20 | | institution of criminal
proceedings has been permitted or | 21 | | required under Section
5-805 or such a person has been | 22 | | convicted of a crime and is the
subject of
pre-sentence | 23 | | investigation or proceedings on an application for probation
or | 24 | | when provided by law. For purposes of obtaining documents | 25 | | pursuant to this Section, a civil subpoena is not an order of | 26 | | the court. |
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| 1 | | (1) In cases where the law enforcement, or independent | 2 | | agency, records concern a pending juvenile court case, the | 3 | | party seeking to inspect the records shall provide actual | 4 | | notice to the attorney or guardian ad litem of the minor | 5 | | whose records are sought. | 6 | | (2) In cases where the records concern a juvenile court | 7 | | case that is no longer pending, the party seeking to | 8 | | inspect the records shall provide actual notice to the | 9 | | minor or the minor's parent or legal guardian, and the | 10 | | matter shall be referred to the chief judge presiding over | 11 | | matters pursuant to this Act. | 12 | | (3) In determining whether the records should be | 13 | | available for inspection, the court shall consider the | 14 | | minor's interest in confidentiality and rehabilitation | 15 | | over the moving party's interest in obtaining the | 16 | | information. Any records obtained in violation of this | 17 | | subsection (C) shall not be admissible in any criminal or | 18 | | civil proceeding, or operate to disqualify a minor from | 19 | | subsequently holding public office or securing employment, | 20 | | or operate as a forfeiture of any public benefit, right, | 21 | | privilege, or right to receive any license granted by | 22 | | public authority.
| 23 | | (D) Nothing contained in subsection (C) of this Section | 24 | | shall prohibit
the inspection or disclosure to victims and | 25 | | witnesses of photographs
contained in the records of law | 26 | | enforcement agencies when the
inspection and disclosure is |
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| 1 | | conducted in the presence of a law enforcement
officer for the | 2 | | purpose of the identification or apprehension of any person
| 3 | | subject to the provisions of this Act or for the investigation | 4 | | or
prosecution of any crime.
| 5 | | (E) Law enforcement officers, and personnel of an | 6 | | independent agency created by ordinance and charged by a unit | 7 | | of local government with the duty of investigating the conduct | 8 | | of law enforcement officers, may not disclose the identity of | 9 | | any minor
in releasing information to the general public as to | 10 | | the arrest, investigation
or disposition of any case involving | 11 | | a minor.
| 12 | | (F) Nothing contained in this Section shall prohibit law | 13 | | enforcement
agencies from communicating with each other by | 14 | | letter, memorandum, teletype or
intelligence alert bulletin or | 15 | | other means the identity or other relevant
information | 16 | | pertaining to a person under 18 years of age if there are
| 17 | | reasonable grounds to believe that the person poses a real and | 18 | | present danger
to the safety of the public or law enforcement | 19 | | officers. The information
provided under this subsection (F) | 20 | | shall remain confidential and shall not
be publicly disclosed, | 21 | | except as otherwise allowed by law.
| 22 | | (G) Nothing in this Section shall prohibit the right of a | 23 | | Civil Service
Commission or appointing authority of any state, | 24 | | county or municipality
examining the character and fitness of | 25 | | an applicant for employment with a law
enforcement agency, | 26 | | correctional institution, or fire department
from obtaining |
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| 1 | | and examining the
records of any law enforcement agency | 2 | | relating to any record of the applicant
having been arrested or | 3 | | taken into custody before the applicant's 18th
birthday.
| 4 | | The changes made to this Section by this amendatory Act of | 5 | | the 98th General Assembly apply to law enforcement records of a | 6 | | minor who has been arrested or taken into custody on or after | 7 | | the effective date of this amendatory Act. | 8 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | 9 | | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | 10 | | 1-1-14.)
| 11 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| 12 | | Sec. 1-8. Confidentiality and accessibility of juvenile | 13 | | court records.
| 14 | | (A) Inspection and copying of juvenile court records | 15 | | relating to a minor
who is the subject of a proceeding under | 16 | | this Act shall be restricted to the
following:
| 17 | | (1) The minor who is the subject of record, his | 18 | | parents, guardian
and counsel.
| 19 | | (2) Law enforcement officers and law enforcement | 20 | | agencies when such
information is essential to executing an | 21 | | arrest or search warrant or other
compulsory process, or to | 22 | | conducting an ongoing investigation
or relating to a minor | 23 | | who
has been adjudicated delinquent and there has been a | 24 | | previous finding that
the act which constitutes the | 25 | | previous offense was committed in furtherance
of criminal |
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| 1 | | activities by a criminal street gang.
| 2 | | Before July 1, 1994, for the purposes of this Section, | 3 | | "criminal street
gang" means any ongoing
organization, | 4 | | association, or group of 3 or more persons, whether formal | 5 | | or
informal, having as one of its primary activities the | 6 | | commission of one or
more criminal acts and that has a | 7 | | common name or common identifying sign,
symbol or specific | 8 | | color apparel displayed, and whose members individually
or | 9 | | collectively engage in or have engaged in a pattern of | 10 | | criminal activity.
| 11 | | Beginning July 1, 1994, for purposes of this Section, | 12 | | "criminal street
gang" has the meaning ascribed to it in | 13 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 14 | | Prevention Act.
| 15 | | (3) Judges, hearing officers, prosecutors, probation | 16 | | officers, social
workers or other
individuals assigned by | 17 | | the court to conduct a pre-adjudication or
predisposition | 18 | | investigation, and individuals responsible for supervising
| 19 | | or providing temporary or permanent care and custody for | 20 | | minors pursuant
to the order of the juvenile court when | 21 | | essential to performing their
responsibilities.
| 22 | | (4) Judges, prosecutors and probation officers:
| 23 | | (a) in the course of a trial when institution of | 24 | | criminal proceedings
has been permitted or required | 25 | | under Section 5-805; or
| 26 | | (b) when criminal proceedings have been permitted
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| 1 | | or
required under Section 5-805 and a minor is the | 2 | | subject of a
proceeding to
determine the amount of | 3 | | bail; or
| 4 | | (c) when criminal proceedings have been permitted
| 5 | | or
required under Section 5-805 and a minor is the | 6 | | subject of a
pre-trial
investigation, pre-sentence | 7 | | investigation or fitness hearing, or
proceedings on an | 8 | | application for probation; or
| 9 | | (d) when a minor becomes 17 years of age or older, | 10 | | and is the subject
of criminal proceedings, including a | 11 | | hearing to determine the amount of
bail, a pre-trial | 12 | | investigation, a pre-sentence investigation, a fitness
| 13 | | hearing, or proceedings on an application for | 14 | | probation.
| 15 | | (5) Adult and Juvenile Prisoner Review Boards.
| 16 | | (6) Authorized military personnel.
| 17 | | (7) Victims, their subrogees and legal | 18 | | representatives; however, such
persons shall have access | 19 | | only to the name and address of the minor and
information | 20 | | pertaining to the disposition or alternative adjustment | 21 | | plan
of the juvenile court.
| 22 | | (8) Persons engaged in bona fide research, with the | 23 | | permission of the
presiding judge of the juvenile court and | 24 | | the chief executive of the agency
that prepared the | 25 | | particular records; provided that publication of such
| 26 | | research results in no disclosure of a minor's identity and |
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| 1 | | protects the
confidentiality of the record.
| 2 | | (9) The Secretary of State to whom the Clerk of the | 3 | | Court shall report
the disposition of all cases, as | 4 | | required in Section 6-204 of the Illinois
Vehicle Code. | 5 | | However, information reported relative to these offenses | 6 | | shall
be privileged and available only to the Secretary of | 7 | | State, courts, and police
officers.
| 8 | | (10) The administrator of a bonafide substance abuse | 9 | | student
assistance program with the permission of the | 10 | | presiding judge of the
juvenile court.
| 11 | | (11) Mental health professionals on behalf of the | 12 | | Illinois Department of
Corrections or the Department of | 13 | | Human Services or prosecutors who are
evaluating, | 14 | | prosecuting, or investigating a potential or actual | 15 | | petition
brought
under the Sexually Violent Persons | 16 | | Commitment Act relating to a person who is the
subject of
| 17 | | juvenile court records or the respondent to a petition | 18 | | brought under
the
Sexually Violent Persons Commitment Act, | 19 | | who is the subject of juvenile
court records
sought. Any | 20 | | records and any information obtained from those records | 21 | | under this
paragraph (11) may be used only in sexually | 22 | | violent persons commitment
proceedings.
| 23 | | (A-1) Findings and exclusions of paternity entered in | 24 | | proceedings occurring under Article II of this Act shall be | 25 | | disclosed, in a manner and form approved by the Presiding Judge | 26 | | of the Juvenile Court, to the Department of Healthcare and |
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| 1 | | Family Services when necessary to discharge the duties of the | 2 | | Department of Healthcare and Family Services under Article X of | 3 | | the Illinois Public Aid Code. | 4 | | (B) A minor who is the victim in a juvenile proceeding | 5 | | shall be
provided the same confidentiality regarding | 6 | | disclosure of identity as the
minor who is the subject of | 7 | | record.
| 8 | | (C) Except as otherwise provided in this subsection (C), | 9 | | juvenile court
records shall not be made available to the | 10 | | general public
but may be inspected by representatives of | 11 | | agencies, associations and news
media or other properly | 12 | | interested persons by general or special order of
the court | 13 | | presiding over matters pursuant to this Act. | 14 | | (0.1) In cases where the records concern a pending | 15 | | juvenile court case, the party seeking to inspect the | 16 | | juvenile court records shall provide actual notice to the | 17 | | attorney or guardian ad litem of the minor whose records | 18 | | are sought. | 19 | | (0.2) In cases where the records concern a juvenile | 20 | | court case that is no longer pending, the party seeking to | 21 | | inspect the juvenile court records shall provide actual | 22 | | notice to the minor or the minor's parent or legal | 23 | | guardian, and the matter shall be referred to the chief | 24 | | judge presiding over matters pursuant to this Act. | 25 | | (0.3) In determining whether the records should be | 26 | | available for inspection, the court shall consider the |
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| 1 | | minor's interest in confidentiality and rehabilitation | 2 | | over the moving party's interest in obtaining the | 3 | | information. The State's Attorney, the minor, and the | 4 | | minor's parents, guardian, and counsel shall at all times | 5 | | have the right to examine court files and records. For | 6 | | purposes of obtaining documents pursuant to this Section, a | 7 | | civil subpoena is not an order of the court. | 8 | | (0.4) Any records obtained in violation of this | 9 | | subsection (C) shall not be admissible in any criminal or | 10 | | civil proceeding, or operate to disqualify a minor from | 11 | | subsequently holding public office, or operate as a | 12 | | forfeiture of any public benefit, right, privilege, or | 13 | | right to receive any license granted by public authority.
| 14 | | (1) The
court shall allow the general public to have | 15 | | access to the name, address, and offense of a minor
who is | 16 | | adjudicated a delinquent minor under this Act under either | 17 | | of the
following circumstances:
| 18 | | (A) The
adjudication of
delinquency was based upon | 19 | | the
minor's
commission of first degree murder, attempt | 20 | | to commit first degree
murder, aggravated criminal | 21 | | sexual assault, or criminal sexual assault; or
| 22 | | (B) The court has made a finding that the minor was | 23 | | at least 13 years of
age
at the time the act was | 24 | | committed and the adjudication of delinquency was | 25 | | based
upon the minor's commission of: (i)
an act in | 26 | | furtherance of the commission of a felony as a member |
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| 1 | | of or on
behalf of a criminal street
gang, (ii) an act | 2 | | involving the use of a firearm in the commission of a
| 3 | | felony, (iii) an act that would be a Class X felony | 4 | | offense
under or
the minor's second or subsequent
Class | 5 | | 2 or greater felony offense under the Cannabis Control | 6 | | Act if committed by an adult,
(iv) an act that would be | 7 | | a second or subsequent offense under Section 402 of
the | 8 | | Illinois Controlled Substances Act if committed by an | 9 | | adult, (v) an act
that would be an offense under | 10 | | Section 401 of the Illinois Controlled
Substances Act | 11 | | if committed by an adult, (vi) an act that would be a | 12 | | second or subsequent offense under Section 60 of the | 13 | | Methamphetamine Control and Community Protection Act, | 14 | | or (vii) an act that would be an offense under another | 15 | | Section of the Methamphetamine Control and Community | 16 | | Protection Act.
| 17 | | (2) The court
shall allow the general public to have | 18 | | access to the name, address, and offense of a minor who is | 19 | | at least 13 years of age at
the time the offense
is | 20 | | committed and who is convicted, in criminal proceedings
| 21 | | permitted or required under Section 5-805 5-4 , under either | 22 | | of the following
circumstances:
| 23 | | (A) The minor has been convicted of first degree | 24 | | murder, attempt
to commit first degree
murder, | 25 | | aggravated criminal sexual
assault, or criminal sexual | 26 | | assault,
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| 1 | | (B) The court has made a finding that the minor was | 2 | | at least 13 years
of age
at the time the offense was | 3 | | committed and the conviction was based upon the
minor's | 4 | | commission of: (i)
an offense in
furtherance of the | 5 | | commission of a felony as a member of or on behalf of a
| 6 | | criminal street gang, (ii) an offense
involving the use | 7 | | of a firearm in the commission of a felony, (iii)
a | 8 | | Class X felony offense under or a second or subsequent | 9 | | Class 2 or
greater felony offense under the Cannabis | 10 | | Control Act, (iv) a
second or subsequent offense under | 11 | | Section 402 of the Illinois
Controlled Substances Act, | 12 | | (v) an offense under Section 401 of the Illinois
| 13 | | Controlled Substances Act, (vi) an act that would be a | 14 | | second or subsequent offense under Section 60 of the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | or (vii) an act that would be an offense under another | 17 | | Section of the Methamphetamine Control and Community | 18 | | Protection Act.
| 19 | | (D) Pending or following any adjudication of delinquency | 20 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | 21 | | 12-13 through 12-16 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012,
the victim of any such offense shall | 23 | | receive the
rights set out in Sections 4 and 6 of the Bill of
| 24 | | Rights for Victims and Witnesses of Violent Crime Act; and the
| 25 | | juvenile who is the subject of the adjudication, | 26 | | notwithstanding any other
provision of this Act, shall be |
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| 1 | | treated
as an adult for the purpose of affording such rights to | 2 | | the victim.
| 3 | | (E) Nothing in this Section shall affect the right of a | 4 | | Civil Service
Commission or appointing authority of any state, | 5 | | county or municipality
examining the character and fitness of
| 6 | | an applicant for employment with a law enforcement
agency, | 7 | | correctional institution, or fire department to
ascertain
| 8 | | whether that applicant was ever adjudicated to be a delinquent | 9 | | minor and,
if so, to examine the records of disposition or | 10 | | evidence which were made in
proceedings under this Act.
| 11 | | (F) Following any adjudication of delinquency for a crime | 12 | | which would be
a felony if committed by an adult, or following | 13 | | any adjudication of delinquency
for a violation of Section | 14 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 16 | | whether the minor respondent is enrolled in school and, if so, | 17 | | shall provide
a copy of the dispositional order to the | 18 | | principal or chief administrative
officer of the school. Access | 19 | | to such juvenile records shall be limited
to the principal or | 20 | | chief administrative officer of the school and any guidance
| 21 | | counselor designated by him.
| 22 | | (G) Nothing contained in this Act prevents the sharing or
| 23 | | disclosure of information or records relating or pertaining to | 24 | | juveniles
subject to the provisions of the Serious Habitual | 25 | | Offender Comprehensive
Action Program when that information is | 26 | | used to assist in the early
identification and treatment of |
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| 1 | | habitual juvenile offenders.
| 2 | | (H) When a Court hearing a proceeding under Article II of | 3 | | this Act becomes
aware that an earlier proceeding under Article | 4 | | II had been heard in a different
county, that Court shall | 5 | | request, and the Court in which the earlier
proceedings were | 6 | | initiated shall transmit, an authenticated copy of the Court
| 7 | | record, including all documents, petitions, and orders filed | 8 | | therein and the
minute orders, transcript of proceedings, and | 9 | | docket entries of the Court.
| 10 | | (I) The Clerk of the Circuit Court shall report to the | 11 | | Department of
State
Police, in the form and manner required by | 12 | | the Department of State Police, the
final disposition of each | 13 | | minor who has been arrested or taken into custody
before his or | 14 | | her 17th birthday for those offenses required to be reported
| 15 | | under Section 5 of the Criminal Identification Act. Information | 16 | | reported to
the Department under this Section may be maintained | 17 | | with records that the
Department files under Section 2.1 of the | 18 | | Criminal Identification Act.
| 19 | | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | 20 | | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| 21 | | (705 ILCS 405/5-120)
| 22 | | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | 23 | | instituted under the provisions of this Article concerning
any | 24 | | minor who prior to his or her 18th birthday has violated or | 25 | | attempted to violate, regardless of where the act occurred, any |
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| 1 | | federal, State, county or municipal law or ordinance. Except as | 2 | | provided in Sections 5-125, 5-130,
5-805, and 5-810 of this | 3 | | Article, no minor who was under 18 years of age at the
time of | 4 | | the alleged offense may be prosecuted under the criminal laws | 5 | | of this
State.
| 6 | | The changes made to this Section by this amendatory Act of | 7 | | the 98th General Assembly apply to violations or attempted | 8 | | violations committed on or after the effective date of this | 9 | | amendatory Act. | 10 | | (Source: P.A. 98-61, eff. 1-1-14.)
| 11 | | (705 ILCS 405/5-407)
| 12 | | Sec. 5-407. Processing of juvenile in possession of a | 13 | | firearm.
| 14 | | (a) If a law enforcement officer detains a minor pursuant | 15 | | to Section
10-27.1A of the
School Code, the officer shall | 16 | | deliver the minor to the nearest juvenile
officer, in the | 17 | | manner
prescribed by subsection (2) of Section 5-405 of this | 18 | | Act. The juvenile
officer shall deliver the
minor without | 19 | | unnecessary delay to the court or to the place designated by | 20 | | rule
or order of court
for the reception of minors. In no event | 21 | | shall the minor be eligible for any
other disposition by
the | 22 | | juvenile police officer, notwithstanding the provisions of | 23 | | subsection (3)
of Section 5-405 of
this Act.
| 24 | | (b) Minors not excluded from this Act's jurisdiction under | 25 | | subsection (3)(a)
of Section 5-130 of this Act shall be brought |
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| 1 | | before a judicial officer within
40 hours,
exclusive of | 2 | | Saturdays,
Sundays, and court-designated holidays, for a | 3 | | detention hearing to determine
whether he or she
shall be | 4 | | further held in custody. If the court finds that there is | 5 | | probable
cause to believe that the
minor is a delinquent minor | 6 | | by virtue of his or her violation of item (4) of
subsection (a) | 7 | | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012
while on school grounds, that finding shall create | 9 | | a presumption that immediate
and urgent necessity exists under
| 10 | | subdivision (2) of Section 5-501 of this Act. Once the | 11 | | presumption of
immediate and urgent necessity has been raised, | 12 | | the burden of demonstrating the
lack of immediate and urgent | 13 | | necessity shall be on any party that is opposing
detention for | 14 | | the minor. Should the court order detention pursuant to this
| 15 | | Section, the minor
shall be detained, pending the results of a | 16 | | court-ordered
psychological
evaluation to determine if the | 17 | | minor is a risk to himself, herself, or others.
Upon receipt of | 18 | | the
psychological evaluation, the court shall review the | 19 | | determination regarding
the existence of
urgent and immediate | 20 | | necessity. The court shall consider the psychological
| 21 | | evaluation in
conjunction with the other factors identified in | 22 | | subdivision (2) of Section
5-501 of this Act in
order to make a | 23 | | de novo determination regarding whether it is a matter of
| 24 | | immediate and urgent
necessity for the protection of the minor | 25 | | or of the person or property of
another that the minor be
| 26 | | detained or placed in a shelter care facility. In addition to |
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| 1 | | the pre-trial
conditions found in
Section 5-505 of this Act, | 2 | | the court may order the minor to receive counseling
and any | 3 | | other
services recommended by the psychological evaluation as a | 4 | | condition for release
of the minor.
| 5 | | (c) Upon making a determination that the student presents a | 6 | | risk to himself,
herself, or
others, the court shall issue an | 7 | | order restraining the student from entering
the property of the
| 8 | | school if he or she has been suspended or expelled from the | 9 | | school as a result
of possessing a
firearm. The order shall | 10 | | restrain the student from entering the school and
school
owned | 11 | | or leased
property, including any conveyance owned, leased, or | 12 | | contracted by the school
to transport
students to or from | 13 | | school or a school-related activity. The order shall
remain in | 14 | | effect until such
time as the court determines that the student | 15 | | no longer presents a risk to
himself, herself, or
others.
| 16 | | (d) Psychological evaluations ordered pursuant to | 17 | | subsection (b) of this
Section and
statements made by the minor | 18 | | during the course of these evaluations, shall not
be admissible | 19 | | on
the issue of delinquency during the course of any | 20 | | adjudicatory hearing held
under this Act.
| 21 | | (e) In this Section:
| 22 | | "School" means any public or
private
elementary or | 23 | | secondary school.
| 24 | | "School grounds" includes the real
property comprising
any | 25 | | school, any conveyance owned, leased, or contracted by a school | 26 | | to
transport students to or
from school or a school-related |
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| 1 | | activity, or any public way within 1,000
feet of the real
| 2 | | property comprising any school.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 4 | | (705 ILCS 405/5-805)
| 5 | | Sec. 5-805. Transfer of jurisdiction.
| 6 | | (1) (Blank) Mandatory transfers .
| 7 | | (a) If a petition alleges commission by a minor 15 | 8 | | years of age or older
of an act that constitutes a forcible | 9 | | felony under the laws of this State, and
if a motion by the | 10 | | State's Attorney to prosecute the minor under the criminal
| 11 | | laws of Illinois for the alleged forcible felony alleges | 12 | | that (i) the minor has
previously been adjudicated | 13 | | delinquent or found guilty for commission of an act
that | 14 | | constitutes a felony under the laws of this State or any | 15 | | other state and
(ii) the act that constitutes the offense | 16 | | was committed in furtherance of
criminal activity by an | 17 | | organized gang, the Juvenile Judge assigned to hear and
| 18 | | determine those motions shall, upon determining that there | 19 | | is probable cause
that both allegations are true, enter an | 20 | | order permitting prosecution under the
criminal laws of | 21 | | Illinois.
| 22 | | (b) If a petition alleges commission by a minor 15 | 23 | | years of age or older
of an act that constitutes a felony | 24 | | under the laws of this State, and if a
motion by a State's | 25 | | Attorney to prosecute the minor under the criminal laws of
|
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| 1 | | Illinois for the alleged felony alleges that (i) the minor | 2 | | has previously been
adjudicated delinquent or found guilty | 3 | | for commission of an act that
constitutes a forcible
felony | 4 | | under the laws of this State or any other state and (ii) | 5 | | the act that
constitutes the offense was committed in | 6 | | furtherance of criminal activities by
an organized gang, | 7 | | the Juvenile Judge assigned to hear and determine those
| 8 | | motions shall, upon determining that there is probable | 9 | | cause that both
allegations are true, enter an order | 10 | | permitting prosecution under the criminal
laws of | 11 | | Illinois.
| 12 | | (c) If a petition alleges commission by a minor 15 | 13 | | years of age or older
of: (i) an act that constitutes an | 14 | | offense enumerated in the presumptive
transfer provisions | 15 | | of subsection (2); and (ii) the minor has previously been
| 16 | | adjudicated delinquent or found guilty of a forcible | 17 | | felony, the Juvenile Judge
designated to hear and determine | 18 | | those motions shall, upon determining that
there is | 19 | | probable cause that both allegations are true, enter an | 20 | | order
permitting prosecution under the criminal laws of | 21 | | Illinois.
| 22 | | (d) If a petition alleges commission by a minor 15 | 23 | | years of age or older
of an act that constitutes the | 24 | | offense of aggravated discharge of a firearm
committed in a | 25 | | school, on the real property comprising a school, within | 26 | | 1,000
feet of the real property comprising a school, at a |
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| 1 | | school related activity, or
on, boarding, or departing from | 2 | | any conveyance owned, leased, or contracted by
a school or | 3 | | school district to transport students to or from school or | 4 | | a school
related activity, regardless of the time of day or | 5 | | the time of year, the
juvenile judge designated to hear and | 6 | | determine those motions shall, upon
determining that there | 7 | | is probable cause that the allegations are true, enter
an | 8 | | order permitting prosecution under the criminal laws of | 9 | | Illinois.
| 10 | | For purposes of this paragraph (d) of subsection (1):
| 11 | | "School" means a public or private
elementary or | 12 | | secondary school, community college, college, or | 13 | | university.
| 14 | | "School related activity" means any sporting, social, | 15 | | academic, or other
activity for which students' attendance | 16 | | or participation is sponsored,
organized, or funded in | 17 | | whole or in part by a school or school district.
| 18 | | (2) (Blank) Presumptive transfer .
| 19 | | (a) If the State's Attorney files a petition, at any | 20 | | time prior to
commencement of the minor's trial, to permit | 21 | | prosecution under the criminal
laws and the petition | 22 | | alleges the commission by a minor 15 years of age or
older
| 23 | | of: (i) a Class X felony other than armed violence; (ii) | 24 | | aggravated discharge
of a firearm; (iii) armed violence | 25 | | with a firearm when the predicate offense
is a Class 1 or | 26 | | Class 2 felony and the State's Attorney's motion to |
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| 1 | | transfer
the case alleges that the offense committed is in | 2 | | furtherance of the criminal
activities of an organized | 3 | | gang; (iv) armed violence with a firearm when the
predicate | 4 | | offense is a violation of the Illinois Controlled | 5 | | Substances Act, a violation of the Cannabis Control Act, or | 6 | | a violation of the Methamphetamine Control and Community | 7 | | Protection Act; (v) armed violence when the
weapon involved | 8 | | was a machine gun or other weapon described in subsection
| 9 | | (a)(7) of Section 24-1 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012; (vi) an act in violation of Section | 11 | | 401 of the Illinois Controlled Substances Act which is a | 12 | | Class X felony, while in a school, regardless of the time | 13 | | of day or the time of year, or on any conveyance owned, | 14 | | leased, or contracted by a school to transport students to | 15 | | or from school or a school related activity, or on | 16 | | residential property owned, operated, or managed by a | 17 | | public housing agency or leased by a public housing agency | 18 | | as part of a scattered site or mixed-income development; or | 19 | | (vii) an act in violation of Section 401 of the Illinois | 20 | | Controlled Substances Act and the offense is alleged to | 21 | | have occurred while in a school or on a public way within | 22 | | 1,000 feet of the real property comprising any school, | 23 | | regardless of the time of day or the time of year when the | 24 | | delivery or intended delivery of any amount of the | 25 | | controlled substance is to a person under 17 years of age, | 26 | | (to qualify for a presumptive transfer under paragraph (vi) |
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| 1 | | or (vii) of this clause (2)(a), the violation cannot be | 2 | | based upon subsection (b) of Section 407 of the Illinois | 3 | | Controlled Substances Act) and, if the juvenile judge
| 4 | | assigned to hear and determine motions to transfer a case | 5 | | for prosecution in
the criminal court determines that there | 6 | | is probable cause to believe that the
allegations in the | 7 | | petition and motion are true, there is a rebuttable
| 8 | | presumption that the minor is not a fit and proper subject | 9 | | to be dealt with
under the Juvenile Justice Reform | 10 | | Provisions of 1998 (Public Act 90-590),
and that, except as | 11 | | provided in paragraph (b), the case should be transferred
| 12 | | to the criminal court.
| 13 | | (b) The judge shall enter an order permitting | 14 | | prosecution under the
criminal laws of Illinois unless the | 15 | | judge makes a finding based on clear and
convincing | 16 | | evidence that the minor would be amenable to the care, | 17 | | treatment,
and training programs available through the | 18 | | facilities of the juvenile court
based on an evaluation of | 19 | | the following:
| 20 | | (i) the age of the minor;
| 21 | | (ii) the history of the minor, including:
| 22 | | (A) any previous delinquent or criminal | 23 | | history of the minor, | 24 | | (B) any previous abuse or neglect history of | 25 | | the minor, and
| 26 | | (C) any mental health, physical or educational |
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| 1 | | history of the minor or combination of these | 2 | | factors;
| 3 | | (iii) the circumstances of the offense, including:
| 4 | | (A) the seriousness of the offense,
| 5 | | (B) whether the minor is charged through | 6 | | accountability,
| 7 | | (C) whether there is evidence the offense was | 8 | | committed in an aggressive and premeditated | 9 | | manner,
| 10 | | (D) whether there is evidence the offense | 11 | | caused serious bodily harm,
| 12 | | (E) whether there is evidence the minor | 13 | | possessed a deadly weapon;
| 14 | | (iv) the advantages of treatment within the | 15 | | juvenile justice system including whether there are | 16 | | facilities or programs, or both, particularly | 17 | | available in the juvenile system; | 18 | | (v) whether the security of the public requires | 19 | | sentencing under Chapter V of the Unified Code of | 20 | | Corrections:
| 21 | | (A) the minor's history of services, including | 22 | | the minor's willingness to participate | 23 | | meaningfully in available services;
| 24 | | (B) whether there is a reasonable likelihood | 25 | | that the minor can be rehabilitated before the | 26 | | expiration of the juvenile court's jurisdiction;
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| 1 | | (C) the adequacy of the punishment or | 2 | | services.
| 3 | | In considering these factors, the court shall give | 4 | | greater
weight to the seriousness of the alleged offense | 5 | | and the minor's prior record
of delinquency than to the | 6 | | other factors listed in this subsection.
| 7 | | For purposes of clauses (2)(a)(vi) and (vii): | 8 | | "School" means a public or private elementary or secondary | 9 | | school, community college, college, or university. | 10 | | "School related activity" means any sporting, social, | 11 | | academic, or other activity for which students' attendance or | 12 | | participation is sponsored, organized, or funded in whole or in | 13 | | part by a school or school district.
| 14 | | (3) Discretionary transfer.
| 15 | | (a) If a petition alleges commission by a minor 13 | 16 | | years of age or over of
an act that constitutes a crime | 17 | | under the laws of this State and, on motion of
the State's | 18 | | Attorney to permit prosecution of the minor under the | 19 | | criminal
laws, a Juvenile Judge assigned by the Chief Judge | 20 | | of the Circuit to hear and
determine those motions, after | 21 | | hearing but before commencement of the
trial, finds that | 22 | | there is probable cause to believe that the
allegations in | 23 | | the motion are true and that it is not in the best | 24 | | interests
of the public to proceed under this Act, the | 25 | | court may enter an
order permitting prosecution under the | 26 | | criminal laws.
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| 1 | | (b) In making its determination on the motion to permit | 2 | | prosecution under
the criminal laws, the court shall | 3 | | consider among other matters:
| 4 | | (i) the age of the minor;
| 5 | | (ii) the history of the minor, including:
| 6 | | (A) any previous delinquent or criminal | 7 | | history of the minor,
| 8 | | (B) any previous abuse or neglect history of | 9 | | the minor, and
| 10 | | (C) any mental health, physical, or | 11 | | educational history of the minor or combination of | 12 | | these factors;
| 13 | | (iii) the circumstances of the offense, including:
| 14 | | (A) the seriousness of the offense,
| 15 | | (B) whether the minor is charged through | 16 | | accountability,
| 17 | | (C) whether there is evidence the offense was | 18 | | committed in an aggressive and premeditated | 19 | | manner,
| 20 | | (D) whether there is evidence the offense | 21 | | caused serious bodily harm,
| 22 | | (E) whether there is evidence the minor | 23 | | possessed a deadly weapon;
| 24 | | (iv) the advantages of treatment within the | 25 | | juvenile justice system including whether there are | 26 | | facilities or programs, or both, particularly |
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| 1 | | available in the juvenile system;
| 2 | | (v) whether the security of the public requires | 3 | | sentencing under Chapter V of the Unified Code of | 4 | | Corrections:
| 5 | | (A) the minor's history of services, including | 6 | | the minor's willingness to participate | 7 | | meaningfully in available services;
| 8 | | (B) whether there is a reasonable likelihood | 9 | | that the minor can be rehabilitated before the | 10 | | expiration of the juvenile court's jurisdiction;
| 11 | | (C) the adequacy of the punishment or | 12 | | services.
| 13 | | In considering these factors, the court shall give | 14 | | greater
weight to the seriousness of the alleged offense | 15 | | and the minor's prior record
of delinquency than to the | 16 | | other factors listed in this subsection.
| 17 | | (4) The rules of evidence for this hearing shall be the | 18 | | same as under
Section 5-705 of this Act. A minor must be | 19 | | represented in court by counsel
before the hearing may be | 20 | | commenced.
| 21 | | (5) If criminal proceedings are instituted, the petition | 22 | | for adjudication
of wardship shall be dismissed insofar as the | 23 | | act or acts involved in the
criminal proceedings. Taking of | 24 | | evidence in a trial on petition for
adjudication of wardship is | 25 | | a bar to criminal proceedings based upon the
conduct alleged in | 26 | | the petition.
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| 1 | | (6) The changes made to this Section by this amendatory Act | 2 | | of the 98th General Assembly apply to a minor who has been | 3 | | arrested or taken into custody on or after the effective date | 4 | | of this amendatory Act. | 5 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 6 | | (705 ILCS 405/5-901)
| 7 | | Sec. 5-901. Court file.
| 8 | | (1) The Court file with respect to proceedings under this
| 9 | | Article shall consist of the petitions, pleadings, victim | 10 | | impact statements,
process,
service of process, orders, writs | 11 | | and docket entries reflecting hearings held
and judgments and | 12 | | decrees entered by the court. The court file shall be
kept | 13 | | separate from other records of the court.
| 14 | | (a) The file, including information identifying the | 15 | | victim or alleged
victim of any sex
offense, shall be | 16 | | disclosed only to the following parties when necessary for
| 17 | | discharge of their official duties:
| 18 | | (i) A judge of the circuit court and members of the | 19 | | staff of the court
designated by the judge;
| 20 | | (ii) Parties to the proceedings and their | 21 | | attorneys;
| 22 | | (iii) Victims and their attorneys, except in cases | 23 | | of multiple victims
of
sex offenses in which case the | 24 | | information identifying the nonrequesting
victims | 25 | | shall be redacted;
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| 1 | | (iv) Probation officers, law enforcement officers | 2 | | or prosecutors or
their
staff;
| 3 | | (v) Adult and juvenile Prisoner Review Boards.
| 4 | | (b) The Court file redacted to remove any information | 5 | | identifying the
victim or alleged victim of any sex offense | 6 | | shall be disclosed only to the
following parties when | 7 | | necessary for discharge of their official duties:
| 8 | | (i) Authorized military personnel;
| 9 | | (ii) Persons engaged in bona fide research, with | 10 | | the permission of the
judge of the juvenile court and | 11 | | the chief executive of the agency that prepared
the
| 12 | | particular recording: provided that publication of | 13 | | such research results in no
disclosure of a minor's | 14 | | identity and protects the confidentiality of the
| 15 | | record;
| 16 | | (iii) The Secretary of State to whom the Clerk of | 17 | | the Court shall report
the disposition of all cases, as | 18 | | required in Section 6-204 or Section 6-205.1
of the | 19 | | Illinois
Vehicle Code. However, information reported | 20 | | relative to these offenses shall
be privileged and | 21 | | available only to the Secretary of State, courts, and | 22 | | police
officers;
| 23 | | (iv) The administrator of a bonafide substance | 24 | | abuse student
assistance program with the permission | 25 | | of the presiding judge of the
juvenile court;
| 26 | | (v) Any individual, or any public or private agency |
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| 1 | | or institution,
having
custody of the juvenile under | 2 | | court order or providing educational, medical or
| 3 | | mental health services to the juvenile or a | 4 | | court-approved advocate for the
juvenile or any | 5 | | placement provider or potential placement provider as
| 6 | | determined by the court.
| 7 | | (3) A minor who is the victim or alleged victim in a | 8 | | juvenile proceeding
shall be
provided the same confidentiality | 9 | | regarding disclosure of identity as the
minor who is the | 10 | | subject of record.
Information identifying victims and alleged | 11 | | victims of sex offenses,
shall not be disclosed or open to | 12 | | public inspection under any circumstances.
Nothing in this | 13 | | Section shall prohibit the victim or alleged victim of any sex
| 14 | | offense from voluntarily disclosing his or her identity.
| 15 | | (4) Relevant information, reports and records shall be made | 16 | | available to the
Department of
Juvenile Justice when a juvenile | 17 | | offender has been placed in the custody of the
Department of | 18 | | Juvenile Justice.
| 19 | | (5) Except as otherwise provided in this subsection (5), | 20 | | juvenile court
records shall not be made available to the | 21 | | general public
but may be inspected by representatives of | 22 | | agencies, associations and news
media or other properly | 23 | | interested persons by general or special order of
the court. | 24 | | The State's Attorney, the minor, his or her parents, guardian | 25 | | and
counsel
shall at all times have the right to examine court | 26 | | files and records.
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| 1 | | (a) The
court shall allow the general public to have | 2 | | access to the name, address, and
offense of a minor
who is | 3 | | adjudicated a delinquent minor under this Act under either | 4 | | of the
following circumstances:
| 5 | | (i) The
adjudication of
delinquency was based upon | 6 | | the
minor's
commission of first degree murder, attempt | 7 | | to commit first degree
murder, aggravated criminal | 8 | | sexual assault, or criminal sexual assault; or
| 9 | | (ii) The court has made a finding that the minor | 10 | | was at least 13 years
of
age
at the time the act was | 11 | | committed and the adjudication of delinquency was | 12 | | based
upon the minor's commission of: (A)
an act in | 13 | | furtherance of the commission of a felony as a member | 14 | | of or on
behalf of a criminal street
gang, (B) an act | 15 | | involving the use of a firearm in the commission of a
| 16 | | felony, (C) an act that would be a Class X felony | 17 | | offense
under or
the minor's second or subsequent
Class | 18 | | 2 or greater felony offense under the Cannabis Control | 19 | | Act if committed
by an adult,
(D) an act that would be | 20 | | a second or subsequent offense under Section 402 of
the | 21 | | Illinois Controlled Substances Act if committed by an | 22 | | adult, (E) an act
that would be an offense under | 23 | | Section 401 of the Illinois Controlled
Substances Act | 24 | | if committed by an adult, or (F) an act that would be | 25 | | an offense under the Methamphetamine Control and | 26 | | Community Protection Act if committed by an adult.
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| 1 | | (b) The court
shall allow the general public to have | 2 | | access to the name, address, and offense
of a minor who is | 3 | | at least 13 years of age at
the time the offense
is | 4 | | committed and who is convicted, in criminal proceedings
| 5 | | permitted or required under Section 5-805, under either of
| 6 | | the following
circumstances:
| 7 | | (i) The minor has been convicted of first degree | 8 | | murder, attempt
to commit first degree
murder, | 9 | | aggravated criminal sexual
assault, or criminal sexual | 10 | | assault,
| 11 | | (ii) The court has made a finding that the minor | 12 | | was at least 13 years
of age
at the time the offense | 13 | | was committed and the conviction was based upon the
| 14 | | minor's commission of: (A)
an offense in
furtherance of | 15 | | the commission of a felony as a member of or on behalf | 16 | | of a
criminal street gang, (B) an offense
involving the | 17 | | use of a firearm in the commission of a felony, (C)
a | 18 | | Class X felony offense under the Cannabis Control Act | 19 | | or a second or
subsequent Class 2 or
greater felony | 20 | | offense under the Cannabis Control Act, (D) a
second or | 21 | | subsequent offense under Section 402 of the Illinois
| 22 | | Controlled Substances Act, (E) an offense under | 23 | | Section 401 of the Illinois
Controlled Substances Act, | 24 | | or (F) an offense under the Methamphetamine Control and | 25 | | Community Protection Act.
| 26 | | (6) Nothing in this Section shall be construed to limit the |
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| 1 | | use of a
adjudication of delinquency as
evidence in any | 2 | | juvenile or criminal proceeding, where it would otherwise be
| 3 | | admissible under the rules of evidence, including but not | 4 | | limited to, use as
impeachment evidence against any witness, | 5 | | including the minor if he or she
testifies.
| 6 | | (7) Nothing in this Section shall affect the right of a | 7 | | Civil Service
Commission or appointing authority examining the | 8 | | character and fitness of
an applicant for a position as a law | 9 | | enforcement officer to ascertain
whether that applicant was | 10 | | ever adjudicated to be a delinquent minor and,
if so, to | 11 | | examine the records or evidence which were made in
proceedings | 12 | | under this Act.
| 13 | | (8) Following any adjudication of delinquency for a crime | 14 | | which would be
a felony if committed by an adult, or following | 15 | | any adjudication of delinquency
for a violation of Section | 16 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 18 | | whether the minor respondent is enrolled in school and, if so, | 19 | | shall provide
a copy of the sentencing order to the principal | 20 | | or chief administrative
officer of the school. Access to such | 21 | | juvenile records shall be limited
to the principal or chief | 22 | | administrative officer of the school and any guidance
counselor | 23 | | designated by him or her.
| 24 | | (9) Nothing contained in this Act prevents the sharing or
| 25 | | disclosure of information or records relating or pertaining to | 26 | | juveniles
subject to the provisions of the Serious Habitual |
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| 1 | | Offender Comprehensive
Action Program when that information is | 2 | | used to assist in the early
identification and treatment of | 3 | | habitual juvenile offenders.
| 4 | | (11) The Clerk of the Circuit Court shall report to the | 5 | | Department of
State
Police, in the form and manner required by | 6 | | the Department of State Police, the
final disposition of each | 7 | | minor who has been arrested or taken into custody
before his or | 8 | | her 18th birthday for those offenses required to be reported
| 9 | | under Section 5 of the Criminal Identification Act. Information | 10 | | reported to
the Department under this Section may be maintained | 11 | | with records that the
Department files under Section 2.1 of the | 12 | | Criminal Identification Act.
| 13 | | (12) Information or records may be disclosed to the general | 14 | | public when the
court is conducting hearings under Section | 15 | | 5-805 or 5-810.
| 16 | | The changes made to this Section by this amendatory Act of | 17 | | the 98th General Assembly apply to juvenile court records of a | 18 | | minor who has been arrested or taken into custody on or after | 19 | | the effective date of this amendatory Act. | 20 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)
| 21 | | (705 ILCS 405/5-905)
| 22 | | Sec. 5-905. Law enforcement records.
| 23 | | (1) Law Enforcement Records.
Inspection and copying of law | 24 | | enforcement records maintained by law enforcement
agencies | 25 | | that relate to a minor who has been arrested or taken into |
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| 1 | | custody
before his or her 18th birthday shall be restricted to | 2 | | the following and when
necessary for the discharge of their | 3 | | official duties:
| 4 | | (a) A judge of the circuit court and members of the | 5 | | staff of the court
designated by the judge;
| 6 | | (b) Law enforcement officers, probation officers or | 7 | | prosecutors or their
staff, or, when necessary for the | 8 | | discharge of its official duties in connection with a | 9 | | particular investigation of the conduct of a law | 10 | | enforcement officer, an independent agency or its staff | 11 | | created by ordinance and charged by a unit of local | 12 | | government with the duty of investigating the conduct of | 13 | | law enforcement officers;
| 14 | | (c) The minor, the minor's parents or legal guardian | 15 | | and their attorneys,
but only when the juvenile has been | 16 | | charged with an offense;
| 17 | | (d) Adult and Juvenile Prisoner Review Boards;
| 18 | | (e) Authorized military personnel;
| 19 | | (f) Persons engaged in bona fide research, with the | 20 | | permission of the
judge of juvenile court and the chief | 21 | | executive of the agency that prepared the
particular | 22 | | recording: provided that publication of such research | 23 | | results in no
disclosure of a minor's identity and protects | 24 | | the confidentiality of the
record;
| 25 | | (g) Individuals responsible for supervising or | 26 | | providing temporary or
permanent care and custody of minors |
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| 1 | | pursuant to orders of the juvenile court
or directives from | 2 | | officials of the Department of Children and Family
Services | 3 | | or the Department of Human Services who certify in writing | 4 | | that the
information will not be disclosed to any other | 5 | | party except as provided under
law or order of court;
| 6 | | (h) The appropriate school official only if the agency | 7 | | or officer believes that there is an imminent threat of | 8 | | physical harm to students, school personnel, or others who | 9 | | are present in the school or on school grounds. | 10 | | (A) Inspection and copying
shall be limited to law | 11 | | enforcement records transmitted to the appropriate
| 12 | | school official or officials whom the school has | 13 | | determined to have a legitimate educational or safety | 14 | | interest by a local law enforcement agency under a | 15 | | reciprocal reporting
system established and maintained | 16 | | between the school district and the local law
| 17 | | enforcement agency under Section 10-20.14 of the | 18 | | School Code concerning a minor
enrolled in a school | 19 | | within the school district who has been arrested
or | 20 | | taken into custody for any of the following offenses: | 21 | | (i) any violation of Article 24 of the Criminal | 22 | | Code of
1961 or the Criminal Code of 2012; | 23 | | (ii) a violation of the Illinois Controlled | 24 | | Substances Act; | 25 | | (iii) a violation of the Cannabis Control Act; | 26 | | (iv) a forcible felony as defined in Section |
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| 1 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 2 | | Code of 2012; | 3 | | (v) a violation of the Methamphetamine Control | 4 | | and Community Protection Act; | 5 | | (vi) a violation of Section 1-2 of the | 6 | | Harassing and Obscene Communications Act; | 7 | | (vii) a violation of the Hazing Act; or | 8 | | (viii) a violation of Section 12-1, 12-2, | 9 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | 10 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012. | 12 | | The information derived from the law enforcement | 13 | | records shall be kept separate from and shall not | 14 | | become a part of the official school record of that | 15 | | child and shall not be a public record. The information | 16 | | shall be used solely by the appropriate school official | 17 | | or officials whom the school has determined to have a | 18 | | legitimate educational or safety interest to aid in the | 19 | | proper rehabilitation of the child and to protect the | 20 | | safety of students and employees in the school. If the | 21 | | designated law enforcement and school officials deem | 22 | | it to be in the best interest of the minor, the student | 23 | | may be referred to in-school or community based social | 24 | | services if those services are available. | 25 | | "Rehabilitation services" may include interventions by | 26 | | school support personnel, evaluation for eligibility |
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| 1 | | for special education, referrals to community-based | 2 | | agencies such as youth services, behavioral healthcare | 3 | | service providers, drug and alcohol prevention or | 4 | | treatment programs, and other interventions as deemed | 5 | | appropriate for the student. | 6 | | (B) Any information provided to appropriate school | 7 | | officials whom the school has determined to have a | 8 | | legitimate educational or safety interest by local law | 9 | | enforcement officials about a minor who is the subject | 10 | | of a current police investigation that is directly | 11 | | related to school safety shall consist of oral | 12 | | information only, and not written law enforcement | 13 | | records, and shall be used solely by the appropriate | 14 | | school official or officials to protect the safety of | 15 | | students and employees in the school and aid in the | 16 | | proper rehabilitation of the child. The information | 17 | | derived orally from the local law enforcement | 18 | | officials shall be kept separate from and shall not | 19 | | become a part of the official school record of the | 20 | | child and shall not be a public record. This limitation | 21 | | on the use of information about a minor who is the | 22 | | subject of a current police investigation shall in no | 23 | | way limit the use of this information by prosecutors in | 24 | | pursuing criminal charges arising out of the | 25 | | information disclosed during a police investigation of | 26 | | the minor. For purposes of this paragraph, |
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| 1 | | "investigation" means an official systematic inquiry | 2 | | by a law enforcement agency into actual or suspected | 3 | | criminal activity;
| 4 | | (i) The president of a park district. Inspection and | 5 | | copying shall be limited to law enforcement records | 6 | | transmitted to the president of the park district by the | 7 | | Illinois State Police under Section 8-23 of the Park | 8 | | District Code or Section 16a-5 of the Chicago Park District | 9 | | Act concerning a person who is seeking employment with that | 10 | | park district and who has been adjudicated a juvenile | 11 | | delinquent for any of the offenses listed in subsection (c) | 12 | | of Section 8-23 of the Park District Code or subsection (c) | 13 | | of Section 16a-5 of the Chicago Park District Act. | 14 | | (2) Information identifying victims and alleged victims of | 15 | | sex offenses,
shall not be disclosed or open to public | 16 | | inspection under any circumstances.
Nothing in this Section | 17 | | shall prohibit the victim or alleged victim of any sex
offense | 18 | | from voluntarily disclosing his or her identity.
| 19 | | (2.5) If the minor is a victim of aggravated battery, | 20 | | battery, attempted first degree murder, or other non-sexual | 21 | | violent offense, the identity of the victim may be disclosed to | 22 | | appropriate school officials, for the purpose of preventing | 23 | | foreseeable future violence involving minors, by a local law | 24 | | enforcement agency pursuant to an agreement established | 25 | | between the school district and a local law enforcement agency | 26 | | subject to the approval by the presiding judge of the juvenile |
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| 1 | | court. | 2 | | (3) Relevant information, reports and records shall be made | 3 | | available to the
Department of Juvenile Justice when a juvenile | 4 | | offender has been placed in the
custody of the Department of | 5 | | Juvenile Justice.
| 6 | | (4) Nothing in this Section shall prohibit the inspection | 7 | | or disclosure to
victims and witnesses of photographs contained | 8 | | in the records of law
enforcement agencies when the inspection | 9 | | or disclosure is conducted in the
presence of a law enforcement | 10 | | officer for purposes of identification or
apprehension of any | 11 | | person in the course of any criminal investigation or
| 12 | | prosecution.
| 13 | | (5) The records of law enforcement officers, or of an | 14 | | independent agency created by ordinance and charged by a unit | 15 | | of local government with the duty of investigating the conduct | 16 | | of law enforcement officers, concerning all minors under
18 | 17 | | years of age must be maintained separate from the records of | 18 | | adults and
may not be open to public inspection or their | 19 | | contents disclosed to the
public except by order of the court | 20 | | or when the institution of criminal
proceedings has been | 21 | | permitted under Section 5-130 or 5-805 or required
under | 22 | | Section
5-130 or 5-805 or such a person has been convicted of a | 23 | | crime and is the
subject of
pre-sentence investigation or when | 24 | | provided by law.
| 25 | | (6) Except as otherwise provided in this subsection (6), | 26 | | law enforcement
officers, and personnel of an independent |
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| 1 | | agency created by ordinance and charged by a unit of local | 2 | | government with the duty of investigating the conduct of law | 3 | | enforcement officers, may not disclose the identity of any | 4 | | minor
in releasing information to the general public as to the | 5 | | arrest, investigation
or disposition of any case involving a | 6 | | minor.
Any victim or parent or legal guardian of a victim may | 7 | | petition the court to
disclose the name and address of the | 8 | | minor and the minor's parents or legal
guardian, or both. Upon | 9 | | a finding by clear and convincing evidence that the
disclosure | 10 | | is either necessary for the victim to pursue a civil remedy | 11 | | against
the minor or the minor's parents or legal guardian, or | 12 | | both, or to protect the
victim's person or property from the | 13 | | minor, then the court may order the
disclosure of the | 14 | | information to the victim or to the parent or legal guardian
of | 15 | | the victim only for the purpose of the victim pursuing a civil | 16 | | remedy
against the minor or the minor's parents or legal | 17 | | guardian, or both, or to
protect the victim's person or | 18 | | property from the minor.
| 19 | | (7) Nothing contained in this Section shall prohibit law | 20 | | enforcement
agencies when acting in their official capacity | 21 | | from communicating with each
other by letter, memorandum, | 22 | | teletype or
intelligence alert bulletin or other means the | 23 | | identity or other relevant
information pertaining to a person | 24 | | under 18 years of age. The information
provided under this | 25 | | subsection (7) shall remain confidential and shall not
be | 26 | | publicly disclosed, except as otherwise allowed by law.
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| 1 | | (8) No person shall disclose information under this Section | 2 | | except when
acting in his or her official capacity and as | 3 | | provided by law or order of
court.
| 4 | | The changes made to this Section by this amendatory Act of | 5 | | the 98th General Assembly apply to law enforcement records of a | 6 | | minor who has been arrested or taken into custody on or after | 7 | | the effective date of this amendatory Act. | 8 | | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | 9 | | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)
| 10 | | (705 ILCS 405/5-130 rep.) | 11 | | Section 10. The Juvenile Court Act of 1987 is amended by | 12 | | repealing Section 5-130. | 13 | | Section 15. The Code of Criminal Procedure of 1963 is | 14 | | amended by changing Section 115-10.5 as follows:
| 15 | | (725 ILCS 5/115-10.5)
| 16 | | Sec. 115-10.5. Hearsay exception regarding safe zone | 17 | | testimony.
| 18 | | (a) In any prosecution for any offense charged as a | 19 | | violation of Section
407 of the Illinois Controlled Substances | 20 | | Act or , Section 55 of the Methamphetamine Control and | 21 | | Community Protection Act, or Section 5-130 of the Juvenile
| 22 | | Court Act of 1987 the following evidence shall be admitted as | 23 | | an exception to
the hearsay rule any testimony by any qualified |
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| 1 | | individual regarding the status
of any property as:
| 2 | | (1) a truck stop or safety rest area, or
| 3 | | (2) a school or conveyance owned, leased or contracted | 4 | | by a school to
transport students to or from school, or
| 5 | | (3) residential property owned, operated, and managed | 6 | | by a public housing
agency, or
| 7 | | (4) a public park, or
| 8 | | (5) the real property comprising any church, | 9 | | synagogue, or other building,
structure, or place used | 10 | | primarily for religious worship, or
| 11 | | (6) the real property comprising any of the following | 12 | | places, buildings,
or structures used primarily for | 13 | | housing or providing space for activities for
senior | 14 | | citizens: nursing homes, assisted-living centers, senior | 15 | | citizen housing
complexes, or senior centers oriented | 16 | | toward daytime activities.
| 17 | | (b) As used in this Section, "qualified individual" means | 18 | | any person who
(i) lived or worked within the territorial | 19 | | jurisdiction where the offense took
place when the offense took | 20 | | place; and (ii) is familiar with various public
places within | 21 | | the territorial jurisdiction where the offense took place when
| 22 | | the offense took place.
| 23 | | (c) For the purposes of this Section, "qualified | 24 | | individual" includes any
peace officer, or any member of any | 25 | | duly organized State, county, or municipal
peace unit, assigned | 26 | | to the territorial jurisdiction where the offense took
place |
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| 1 | | when the offense took place.
| 2 | | (d) This Section applies to all prosecutions pending at the | 3 | | time this
amendatory Act of the 91st General Assembly takes | 4 | | effect and to all
prosecutions commencing on or after its | 5 | | effective date.
| 6 | | (Source: P.A. 94-556, eff. 9-11-05.)
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