State of Illinois
90th General Assembly
Legislation

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90_HB0977eng

      705 ILCS 405/1-7          from Ch. 37, par. 801-7
      705 ILCS 405/1-8          from Ch. 37, par. 801-8
          Amends the Juvenile Court Act of  1987  relating  to  the
      confidentiality of juvenile court records and law enforcement
      records  pertaining  to  juveniles.   Permits a civil service
      commission or appointing authority to obtain these records in
      order to evaluate the character and fitness of  an  applicant
      for  employment with a law enforcement agency or correctional
      institution.
                                                     LRB9002578RCks
HB0977 Engrossed                               LRB9002578RCks
 1        AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
 2    changing Sections 1-7 and 1-8.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    changing Sections 1-7 and 1-8 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    17th 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
19        the  previous  offense  was  committed  in furtherance of
20        criminal activities  by  a  criminal  street  gang.   For
21        purposes  of this Section, "criminal street gang" has the
22        meaning ascribed to it in  Section  10  of  the  Illinois
23        Streetgang Terrorism Omnibus Prevention Act.
24             (2)  Prosecutors,    probation    officers,   social
25        workers, or other individuals assigned by  the  court  to
26        conduct    a    pre-adjudication    or    pre-disposition
27        investigation,    and    individuals    responsible   for
28        supervising or providing temporary or permanent care  and
29        custody  for minors pursuant to the order of the juvenile
30        court,    when    essential    to    performing     their
31        responsibilities.
HB0977 Engrossed            -2-                LRB9002578RCks
 1             (3)  Prosecutors and probation officers:
 2                  (a)  in  the course of a trial when institution
 3             of criminal proceedings  has  been  permitted  under
 4             Section 5-4 or required under Section 5-4; or
 5                  (b)  when  institution  of criminal proceedings
 6             has been permitted under  Section  5-4  or  required
 7             under Section 5-4 and such minor is the subject of a
 8             proceeding to determine the amount of bail; or
 9                  (c)  when   criminal   proceedings   have  been
10             permitted  under  Section  5-4  or  required   under
11             Section  5-4  and  such  minor  is  the subject of a
12             pre-trial investigation, pre-sentence investigation,
13             fitness hearing, or proceedings  on  an  application
14             for probation.
15             (4)  Adult and Juvenile Prisoner Review Board.
16             (5)  Authorized military personnel.
17             (6)  Persons engaged in bona fide research, with the
18        permission  of  the Presiding Judge of the Juvenile Court
19        and the chief executive of the respective law enforcement
20        agency;  provided  that  publication  of  such   research
21        results  in  no  disclosure  of  a  minor's  identity and
22        protects the confidentiality of the minor's record.
23             (7)  Department  of  Children  and  Family  Services
24        child protection investigators acting in  their  official
25        capacity.
26             (8)  The  appropriate  school  official.  Inspection
27        and copying shall be limited to law  enforcement  records
28        transmitted to the appropriate school official by a local
29        law  enforcement  agency  under  a  reciprocal  reporting
30        system  established  and  maintained  between  the school
31        district and  the  local  law  enforcement  agency  under
32        Section  10-20.14  of  the School Code concerning a minor
33        enrolled in a school within the school district  who  has
34        been  arrested  or  taken  into  custody  for  any of the
HB0977 Engrossed            -3-                LRB9002578RCks
 1        following offenses:
 2                  (i)  unlawful use of weapons under Section 24-1
 3             of the Criminal Code of 1961;
 4                  (ii)  a violation of  the  Illinois  Controlled
 5             Substances Act;
 6                  (iii)  a violation of the Cannabis Control Act;
 7             or
 8                  (iv)  a  forcible  felony as defined in Section
 9             2-8 of the Criminal Code of 1961.
10        (B) (1)  Except as provided  in  paragraph  (2),  no  law
11        enforcement   officer  or  other  person  or  agency  may
12        knowingly transmit  to  the  Department  of  Corrections,
13        Adult  Division  or  the Department of State Police or to
14        the Federal Bureau of Investigation  any  fingerprint  or
15        photograph  relating  to a minor who has been arrested or
16        taken into custody  before  his  or  her  17th  birthday,
17        unless the court in proceedings under this Act authorizes
18        the  transmission  or  enters  an order under Section 5-4
19        permitting  or  requiring  the  institution  of  criminal
20        proceedings.
21             (2)  Law enforcement officers or  other  persons  or
22        agencies  shall   transmit  to  the  Department  of State
23        Police copies of fingerprints  and  descriptions  of  all
24        minors  who  have  been  arrested  or  taken into custody
25        before their 17th birthday for the  offense  of  unlawful
26        use  of  weapons under Article 24 of the Criminal Code of
27        1961, a Class X or Class 1 felony, a forcible  felony  as
28        defined in Section 2-8 of the Criminal Code of 1961, or a
29        Class 2 or greater felony under the Cannabis Control Act,
30        the  Illinois  Controlled Substances Act, or Chapter 4 of
31        the Illinois Vehicle Code, pursuant to Section 5  of  the
32        Criminal Identification Act.  Information reported to the
33        Department  pursuant  to  this  Section may be maintained
34        with  records  that  the  Department  files  pursuant  to
HB0977 Engrossed            -4-                LRB9002578RCks
 1        Section 2.1 of the Criminal Identification Act.   Nothing
 2        in  this  Act  prohibits  a  law  enforcement agency from
 3        fingerprinting a minor taken  into  custody  or  arrested
 4        before his or her 17th birthday for an offense other than
 5        those listed in this paragraph (2).
 6        (C)  The  records  of law enforcement officers concerning
 7    all minors under 17 years of age must be maintained  separate
 8    from  the  records  of  arrests and may not be open to public
 9    inspection or their contents disclosed to the  public  except
10    by  order  of  the  court or when the institution of criminal
11    proceedings has been permitted under Section 5-4 or  required
12    under  Section  5-4  or such a person has been convicted of a
13    crime and is the subject  of  pre-sentence  investigation  or
14    proceedings  on an application for probation or when provided
15    by law.
16        (D)  Nothing contained in subsection (C) of this  Section
17    shall  prohibit  the  inspection or disclosure to victims and
18    witnesses of photographs contained  in  the  records  of  law
19    enforcement  agencies  when  the inspection and disclosure is
20    conducted in the presence of a law  enforcement  officer  for
21    the  purpose  of  the  identification  or apprehension of any
22    person subject to the provisions  of  this  Act  or  for  the
23    investigation or prosecution of any crime.
24        (E)  Law   enforcement  officers  may  not  disclose  the
25    identity of any minor in releasing information to the general
26    public as to the arrest, investigation or disposition of  any
27    case involving a minor.
28        (F)  Nothing contained in this Section shall prohibit law
29    enforcement  agencies  from  communicating with each other by
30    letter, memorandum, teletype or intelligence  alert  bulletin
31    or  other  means  the  identity or other relevant information
32    pertaining to a person under 17 years of  age  if  there  are
33    reasonable  grounds  to  believe that the person poses a real
34    and present danger  to  the  safety  of  the  public  or  law
HB0977 Engrossed            -5-                LRB9002578RCks
 1    enforcement  officers.  The  information  provided under this
 2    subsection (F) shall remain confidential  and  shall  not  be
 3    publicly disclosed, except as otherwise allowed by law.
 4        (G)  Nothing  in this Section shall prohibit the right of
 5    a Civil Service Commission or  appointing  authority  of  any
 6    state,  county  or  municipality  examining the character and
 7    fitness of an applicant for employment with a law enforcement
 8    agency  or  correctional  institution  from   obtaining   and
 9    examining  the records of any law enforcement agency relating
10    to any record of the applicant having been arrested or  taken
11    into custody before the applicant's 17th birthday.
12    (Source: P.A.  88-45;  88-467;  88-679,  eff. 7-1-95; 89-221,
13    eff. 8-4-95; 89-362, eff. 8-18-95; 89-626, eff. 8-9-96.)
14        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
15        Sec. 1-8.  Confidentiality and accessibility of  juvenile
16    court records.
17        (A)  Inspection  and  copying  of  juvenile court records
18    relating to a minor who is the subject of a proceeding  under
19    this Act shall be restricted to the following:
20             (1)  The  minor  who  is  the subject of record, his
21        parents, guardian and counsel.
22             (2)  Law enforcement officers  and  law  enforcement
23        agencies  when such information is essential to executing
24        an arrest or search warrant or other compulsory  process,
25        or  to conducting an ongoing investigation or relating to
26        a minor who has been adjudicated delinquent and there has
27        been a previous finding that the  act  which  constitutes
28        the  previous  offense  was  committed  in furtherance of
29        criminal activities by a criminal street gang.
30             Before July  1,  1994,  for  the  purposes  of  this
31        Section,   "criminal   street  gang"  means  any  ongoing
32        organization, association, or group of 3 or more persons,
33        whether formal or informal, having as one of its  primary
HB0977 Engrossed            -6-                LRB9002578RCks
 1        activities  the  commission  of one or more criminal acts
 2        and that has a common name or  common  identifying  sign,
 3        symbol  or  specific  color  apparel displayed, and whose
 4        members individually or collectively engage  in  or  have
 5        engaged in a pattern of criminal activity.
 6             Beginning   July  1,  1994,  for  purposes  of  this
 7        Section, "criminal street gang" has the meaning  ascribed
 8        to  it in Section 10 of the Illinois Streetgang Terrorism
 9        Omnibus Prevention Act.
10             (3)  Judges, prosecutors, probation officers, social
11        workers or other individuals assigned  by  the  court  to
12        conduct     a    pre-adjudication    or    predisposition
13        investigation,   and    individuals    responsible    for
14        supervising  or providing temporary or permanent care and
15        custody for minors pursuant to the order of the  juvenile
16        court     when     essential    to    performing    their
17        responsibilities.
18             (4)  Judges, prosecutors and probation officers:
19                  (a)  in the course of a trial when  institution
20             of  criminal  proceedings  has  been permitted under
21             Section 5-4 or required under Section 5-4; or
22                  (b)  when  criminal   proceedings   have   been
23             permitted   under  Section  5-4  or  required  under
24             Section  5-4  and  a  minor  is  the  subject  of  a
25             proceeding to determine the amount of bail; or
26                  (c)  when  criminal   proceedings   have   been
27             permitted   under  Section  5-4  or  required  under
28             Section  5-4  and  a  minor  is  the  subject  of  a
29             pre-trial investigation, pre-sentence  investigation
30             or fitness hearing, or proceedings on an application
31             for probation; or
32                  (d)  when  a  minor  becomes 17 years of age or
33             older, and is the subject of  criminal  proceedings,
34             including a hearing to determine the amount of bail,
HB0977 Engrossed            -7-                LRB9002578RCks
 1             a    pre-trial    investigation,    a   pre-sentence
 2             investigation, a fitness hearing, or proceedings  on
 3             an application for probation.
 4             (5)  Adult and Juvenile Prisoner Review Boards.
 5             (6)  Authorized military personnel.
 6             (7)  Victims,     their    subrogees    and    legal
 7        representatives; however, such persons shall have  access
 8        only to the name and address of the minor and information
 9        pertaining  to  the disposition or alternative adjustment
10        plan of the juvenile court.
11             (8)  Persons engaged in bona fide research, with the
12        permission of the presiding judge of the  juvenile  court
13        and  the  chief executive of the agency that prepared the
14        particular records; provided  that  publication  of  such
15        research  results  in no disclosure of a minor's identity
16        and protects the confidentiality of the record.
17             (9)  The Secretary of State to whom the Clerk of the
18        Court shall report  the  disposition  of  all  cases,  as
19        required  in  Section 6-204 of The Illinois Vehicle Code.
20        However, information reported relative to these  offenses
21        shall  be  privileged and available only to the Secretary
22        of State, courts, and police officers.
23             (10)  The  administrator  of  a  bonafide  substance
24        abuse student assistance program with the  permission  of
25        the presiding judge of the juvenile court.
26        (B)  A  minor  who is the victim in a juvenile proceeding
27    shall  be  provided  the   same   confidentiality   regarding
28    disclosure  of  identity  as  the minor who is the subject of
29    record.
30        (C)  Except as otherwise provided in this subsection (C),
31    juvenile court records shall not be  made  available  to  the
32    general  public  but  may  be inspected by representatives of
33    agencies, associations  and  news  media  or  other  properly
34    interested  persons by general or special order of the court.
HB0977 Engrossed            -8-                LRB9002578RCks
 1    The State's Attorney, the minor, his  parents,  guardian  and
 2    counsel  shall  at  all times have the right to examine court
 3    files and records.
 4             (1)  The court shall allow  the  general  public  to
 5        have  access to the name, address, and offense of a minor
 6        who is adjudicated a  delinquent  minor  under  this  Act
 7        under either of the following circumstances:
 8                  (A)  The  adjudication of delinquency was based
 9             upon the minor's commission of first degree  murder,
10             attempt  to  commit  first degree murder, aggravated
11             criminal sexual assault, or criminal sexual assault;
12             or
13                  (B)  The court has  made  a  finding  that  the
14             minor  was  at least 13 years of age at the time the
15             act  was   committed   and   the   adjudication   of
16             delinquency  was  based  upon the minor's commission
17             of: (i) an act in furtherance of the commission of a
18             felony as a member of or on  behalf  of  a  criminal
19             street  gang,  (ii)  an  act  involving the use of a
20             firearm in the commission of a felony, (iii) an  act
21             that  would be a Class X felony offense under or the
22             minor's second or  subsequent  Class  2  or  greater
23             felony  offense  under  the  Cannabis Control Act if
24             committed by an adult, (iv) an act that would  be  a
25             second  or  subsequent  offense under Section 402 of
26             the Illinois Controlled Substances Act if  committed
27             by  an adult, or (v) an act that would be an offense
28             under  Section  401  of  the   Illinois   Controlled
29             Substances Act if committed by an adult.
30             (2)  The  court  shall  allow  the general public to
31        have access to the name, address, and offense of a  minor
32        who  is  at least 13 years of age at the time the offense
33        is  committed  and  who   is   convicted,   in   criminal
34        proceedings  permitted  or  required  under  Section 5-4,
HB0977 Engrossed            -9-                LRB9002578RCks
 1        under either of the following circumstances:
 2                  (A)  The minor  has  been  convicted  of  first
 3             degree   murder,  attempt  to  commit  first  degree
 4             murder,  aggravated  criminal  sexual  assault,   or
 5             criminal sexual assault,
 6                  (B)  The  court  has  made  a  finding that the
 7             minor was at least 13 years of age at the  time  the
 8             offense  was  committed and the conviction was based
 9             upon the minor's commission of: (i)  an  offense  in
10             furtherance  of  the  commission  of  a  felony as a
11             member of or on behalf of a  criminal  street  gang,
12             (ii)  an  offense  involving the use of a firearm in
13             the commission of a felony, (iii) a Class  X  felony
14             offense  under  or a second or subsequent Class 2 or
15             greater felony offense under  the  Cannabis  Control
16             Act,  (iv)  a  second  or  subsequent  offense under
17             Section 402 of the  Illinois  Controlled  Substances
18             Act,  or  (v)  an  offense  under Section 401 of the
19             Illinois Controlled Substances Act.
20        (D)  Pending or following any adjudication of delinquency
21    for any offense defined in Sections 12-13  through  12-16  of
22    the  Criminal  Code  of  1961, the victim of any such offense
23    shall receive the rights set out in Sections 4 and 6  of  the
24    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
25    Act; and the juvenile who is the subject of the adjudication,
26    notwithstanding any other provision of  this  Act,  shall  be
27    treated  as an adult for the purpose of affording such rights
28    to the victim.
29        (E)  Nothing in this Section shall affect the right of  a
30    Civil  Service  Commission  or  appointing  authority  of any
31    state, county or municipality  examining  the  character  and
32    fitness  of  an applicant for employment with a position as a
33    law enforcement agency or correctional institution officer to
34    ascertain whether that applicant was ever adjudicated to be a
HB0977 Engrossed            -10-               LRB9002578RCks
 1    delinquent minor and,  if  so,  to  examine  the  records  of
 2    disposition  or evidence which were made in proceedings under
 3    this Act.
 4        (F)  Following any  adjudication  of  delinquency  for  a
 5    crime  which  would  be a felony if committed by an adult, or
 6    following any adjudication of delinquency for a violation  of
 7    Section  24-1,  24-3, 24-3.1, or 24-5 of the Criminal Code of
 8    1961, the State's Attorney shall ascertain whether the  minor
 9    respondent  is enrolled in school and, if so, shall provide a
10    copy of the dispositional order to  the  principal  or  chief
11    administrative   officer  of  the  school.   Access  to  such
12    juvenile records shall be limited to the principal  or  chief
13    administrative   officer  of  the  school  and  any  guidance
14    counselor designated by him.
15        (G)  Nothing contained in this Act prevents  the  sharing
16    or   disclosure   of   information  or  records  relating  or
17    pertaining to juveniles subject  to  the  provisions  of  the
18    Serious  Habitual  Offender Comprehensive Action Program when
19    that  information  is   used   to   assist   in   the   early
20    identification and treatment of habitual juvenile offenders.
21        (H)  When  a  Court hearing a proceeding under Article II
22    of this Act becomes aware that an  earlier  proceeding  under
23    Article  II  had been heard in a different county, that Court
24    shall request, and the Court in which the earlier proceedings
25    were initiated shall transmit, an authenticated copy  of  the
26    Court  record, including all documents, petitions, and orders
27    filed  therein  and  the   minute   orders,   transcript   of
28    proceedings, and docket entries of the Court.
29        (I)  The  Clerk  of the Circuit Court shall report to the
30    Department of State Police, in the form and  manner  required
31    by  the  Department of State Police, the final disposition of
32    each minor who has been arrested or taken into custody before
33    his or her 17th birthday for those offenses  required  to  be
34    reported  under Section 5 of the Criminal Identification Act.
HB0977 Engrossed            -11-               LRB9002578RCks
 1    Information reported to the Department under this Section may
 2    be maintained with records that the  Department  files  under
 3    Section 2.1 of the Criminal Identification Act.
 4    (Source: P.A.  88-45;  88-51;  88-344;  88-467;  88-548, eff.
 5    1-1-95; 88-550, eff. 7-3-94;  88-614,  eff.  9-7-94;  88-670,
 6    eff.  12-2-94;  89-198,  eff.  7-21-95;  89-235, eff. 8-4-95;
 7    89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)

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