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90_HB2095
20 ILCS 2630/5 from Ch. 38, par. 206-5
705 ILCS 405/1-5 from Ch. 37, par. 801-5
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/1-8 from Ch. 37, par. 801-8
705 ILCS 405/1-8.2 from Ch. 37, par. 801-8.2
705 ILCS 405/1-9 from Ch. 37, par. 801-9
705 ILCS 405/5-6 from Ch. 37, par. 805-6
Amends the Criminal Identification Act. Provides that
policing bodies shall furnish to the Department of State
Police fingerprints and descriptions of minors arrested or
taken into custody before their 17th birthday for felonies
and Class A and B misdemeanors in the same manner as for
adults (now the furnishing of fingerprints and descriptions
of minors under 17 is limited to certain offenses). Amends
the Juvenile Court Act of 1987. Eliminates confidentiality
restrictions relating to law enforcement and juvenile court
records pertaining to delinquent and alleged delinquent
minors. Permits disclosure of these records to the general
public. Effective immediately.
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1 AN ACT in relation to the confidentiality of records
2 concerning juveniles, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors who have been
15 arrested or taken into custody before their 17th birthday for
16 an offense that if committed by an adult would be classified
17 as a felony or a Class A or B misdemeanor constitute the
18 offense of unlawful use of weapons under Article 24 of the
19 Criminal Code of 1961, a forcible felony as defined in
20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
21 greater felony under the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or Chapter 4 of the Illinois
23 Vehicle Code. Moving or nonmoving traffic violations under
24 the Illinois Vehicle Code shall not be reported except for
25 violations of Chapter 4, Section 11-204.1, or Section 11-501
26 of that Code. In addition, conservation offenses, as defined
27 in the Supreme Court Rule 501(c), that are classified as
28 Class B misdemeanors shall not be reported.
29 Whenever an adult or minor prosecuted as an adult, not
30 having previously been convicted of any criminal offense or
31 municipal ordinance violation, charged with a violation of a
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1 municipal ordinance or a felony or misdemeanor, is acquitted
2 or released without being convicted, whether the acquittal or
3 release occurred before, on, or after the effective date of
4 this amendatory Act of 1991, the Chief Judge of the circuit
5 wherein the charge was brought, any judge of that circuit
6 designated by the Chief Judge, or in counties of less than
7 3,000,000 inhabitants, the presiding trial judge at the
8 defendant's trial may upon verified petition of the defendant
9 order the record of arrest expunged from the official records
10 of the arresting authority and the Department and order that
11 the records of the clerk of the circuit court be sealed until
12 further order of the court upon good cause shown and the name
13 of the defendant obliterated on the official index required
14 to be kept by the circuit court clerk under Section 16 of the
15 Clerks of Courts Act, but the order shall not affect any
16 index issued by the circuit court clerk before the entry of
17 the order. The Department may charge the petitioner a fee
18 equivalent to the cost of processing any order to expunge or
19 seal the records, and the fee shall be deposited into the
20 State Police Services Fund. The records of those arrests,
21 however, that result in a disposition of supervision for any
22 offense shall not be expunged from the records of the
23 arresting authority or the Department nor impounded by the
24 court until 2 years after discharge and dismissal of
25 supervision. Those records that result from a supervision
26 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
27 11-503 of the Illinois Vehicle Code or a similar provision of
28 a local ordinance, or for a violation of Section 12-3.2,
29 12-15 or 16A-3 of the Criminal Code of 1961, or probation
30 under Section 10 of the Cannabis Control Act, Section 410 of
31 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
32 and (2) of the Criminal Code of 1961, Section 10-102 of the
33 Illinois Alcoholism and Other Drug Dependency Act when the
34 judgment of conviction has been vacated, Section 40-10 of the
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1 Alcoholism and Other Drug Abuse and Dependency Act when the
2 judgment of conviction has been vacated, or Section 10 of the
3 Steroid Control Act shall not be expunged from the records of
4 the arresting authority nor impounded by the court until 5
5 years after termination of probation or supervision. Those
6 records that result from a supervision for a violation of
7 Section 11-501 of the Illinois Vehicle Code or a similar
8 provision of a local ordinance, shall not be expunged. All
9 records set out above may be ordered by the court to be
10 expunged from the records of the arresting authority and
11 impounded by the court after 5 years, but shall not be
12 expunged by the Department, but shall, on court order be
13 sealed by the Department and may be disseminated by the
14 Department only as required by law or to the arresting
15 authority, the State's Attorney, and the court upon a later
16 arrest for the same or a similar offense or for the purpose
17 of sentencing for any subsequent felony. Upon conviction for
18 any offense, the Department of Corrections shall have access
19 to all sealed records of the Department pertaining to that
20 individual.
21 (b) Whenever a person has been convicted of a crime or
22 of the violation of a municipal ordinance, in the name of a
23 person whose identity he has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization, upon
26 learning of the person having been arrested using his
27 identity, may, upon verified petition to the chief judge of
28 the circuit wherein the arrest was made, have a court order
29 entered nunc pro tunc by the chief judge to correct the
30 arrest record, conviction record, if any, and all official
31 records of the arresting authority, the Department, other
32 criminal justice agencies, the prosecutor, and the trial
33 court concerning such arrest, if any, by removing his name
34 from all such records in connection with the arrest and
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1 conviction, if any, and by inserting in the records the name
2 of the offender, if known or ascertainable, in lieu of the
3 aggrieved's name. The records of the clerk of the circuit
4 court clerk shall be sealed until further order of the court
5 upon good cause shown and the name of the aggrieved person
6 obliterated on the official index required to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act, but the order shall not affect any index issued by the
9 circuit court clerk before the entry of the order. Nothing in
10 this Section shall limit the Department of State Police or
11 other criminal justice agencies or prosecutors from listing
12 under an offender's name the false names he or she has used.
13 For purposes of this Section, convictions for moving and
14 nonmoving traffic violations other than convictions for
15 violations of Chapter 4, Section 11-204.1 or Section 11-501
16 of the Illinois Vehicle Code shall not be a bar to expunging
17 the record of arrest and court records for violation of a
18 misdemeanor or municipal ordinance.
19 (c) Whenever a person who has been convicted of an
20 offense is granted a pardon by the Governor which
21 specifically authorizes expungement, he may, upon verified
22 petition to the chief judge of the circuit where the person
23 had been convicted, any judge of the circuit designated by
24 the Chief Judge, or in counties of less than 3,000,000
25 inhabitants, the presiding trial judge at the defendant's
26 trial, may have a court order entered expunging the record of
27 arrest from the official records of the arresting authority
28 and order that the records of the clerk of the circuit court
29 and the Department be sealed until further order of the court
30 upon good cause shown or as otherwise provided herein, and
31 the name of the defendant obliterated from the official index
32 requested to be kept by the circuit court clerk under Section
33 16 of the Clerks of Courts Act in connection with the arrest
34 and conviction for the offense for which he had been pardoned
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1 but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. All
3 records sealed by the Department may be disseminated by the
4 Department only as required by law or to the arresting
5 authority, the States Attorney, and the court upon a later
6 arrest for the same or similar offense or for the purpose of
7 sentencing for any subsequent felony. Upon conviction for
8 any subsequent offense, the Department of Corrections shall
9 have access to all sealed records of the Department
10 pertaining to that individual. Upon entry of the order of
11 expungement, the clerk of the circuit court shall promptly
12 mail a copy of the order to the person who was pardoned.
13 (d) Notice of the petition for subsections (a), (b), and
14 (c) shall be served upon the State's Attorney or prosecutor
15 charged with the duty of prosecuting the offense, the
16 Department of State Police, the arresting agency and the
17 chief legal officer of the unit of local government affecting
18 the arrest. Unless the State's Attorney or prosecutor, the
19 Department of State Police, the arresting agency or such
20 chief legal officer objects to the petition within 30 days
21 from the date of the notice, the court shall enter an order
22 granting or denying the petition. The clerk of the court
23 shall promptly mail a copy of the order to the person, the
24 arresting agency, the prosecutor, the Department of State
25 Police and such other criminal justice agencies as may be
26 ordered by the judge.
27 (e) Nothing herein shall prevent the Department of State
28 Police from maintaining all records of any person who is
29 admitted to probation upon terms and conditions and who
30 fulfills those terms and conditions pursuant to Section 10 of
31 the Cannabis Control Act, Section 410 of the Illinois
32 Controlled Substances Act, Section 12-4.3 of the Criminal
33 Code of 1961, Section 10-102 of the Illinois Alcoholism and
34 Other Drug Dependency Act, Section 40-10 of the Alcoholism
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1 and Other Drug Abuse and Dependency Act, or Section 10 of the
2 Steroid Control Act.
3 (f) No court order issued pursuant to the expungement
4 provisions of this Section shall become final for purposes of
5 appeal until 30 days after notice is received by the
6 Department. Any court order contrary to the provisions of
7 this Section is void.
8 (g) The court shall not order the sealing or expungement
9 of the arrest records and records of the circuit court clerk
10 of any person granted supervision for or convicted of any
11 sexual offense committed against a minor under 18 years of
12 age. For the purposes of this Section, "sexual offense
13 committed against a minor" includes but is not limited to the
14 offenses of indecent solicitation of a child or criminal
15 sexual abuse when the victim of such offense is under 18
16 years of age.
17 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
18 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
19 Section 10. The Juvenile Court Act of 1987 is amended by
20 changing Sections 1-5, 1-7, 1-8, 1-8.2, 1-9, and 5-6 as
21 follows:
22 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
23 Sec. 1-5. Rights of parties to proceedings.
24 (1) Except as provided in this Section and paragraph (2)
25 of Sections 2-22, 3-23, 4-20 or 5-22, the minor who is the
26 subject of the proceeding and his parents, guardian, legal
27 custodian or responsible relative who are parties respondent
28 have the right to be present, to be heard, to present
29 evidence material to the proceedings, to cross-examine
30 witnesses, to examine pertinent court files and records and
31 also, although proceedings under this Act are not intended to
32 be adversary in character, the right to be represented by
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1 counsel. At the request of any party financially unable to
2 employ counsel, with the exception of a foster parent
3 permitted to intervene under this Section, the court shall
4 appoint the Public Defender or such other counsel as the case
5 may require.
6 No hearing on any petition filed under this Act may be
7 commenced unless the minor who is the subject of the
8 proceeding is represented by counsel. Each adult respondent
9 shall be furnished a written "Notice of Rights" at or before
10 the first hearing at which he or she appears.
11 (2) (a) Though not appointed guardian or legal custodian
12 or otherwise made a party to the proceeding, any current or
13 previously appointed foster parent or representative of an
14 agency or association interested in the minor has the right
15 to be heard by the court, but does not thereby become a party
16 to the proceeding.
17 In addition to the foregoing right to be heard by the
18 court, any current foster parent of a minor and the agency
19 designated by the court or the Department of Children and
20 Family Services as custodian of the minor who has been
21 adjudicated an abused or neglected minor under Section 2-3 or
22 a dependent minor under Section 2-4 of this Act has the right
23 to and shall be given adequate notice at all stages of any
24 hearing or proceeding under this Act wherein the custody or
25 status of the minor may be changed. Such notice shall
26 contain a statement regarding the nature and denomination of
27 the hearing or proceeding to be held, the change in custody
28 or status of the minor sought to be obtained at such hearing
29 or proceeding, and the date, time and place of such hearing
30 or proceeding. The Department of Children and Family
31 Services or the licensed child welfare agency that has placed
32 the minor with the foster parent shall notify the clerk of
33 the court of the name and address of the current foster
34 parent. The clerk shall mail the notice by certified mail
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1 marked for delivery to addressee only. The regular return
2 receipt for certified mail is sufficient proof of service.
3 Any foster parent who is denied his or her right to be
4 heard under this Section may bring a mandamus action under
5 Article XIV of the Code of Civil Procedure against the court
6 or any public agency to enforce that right. The mandamus
7 action may be brought immediately upon the denial of those
8 rights but in no event later than 30 days after the foster
9 parent has been denied the right to be heard.
10 (b) If after an adjudication that a minor is abused or
11 neglected as provided under Section 2-21 of this Act and an
12 application has been made to restore the minor to any parent,
13 guardian, or legal custodian found by the court to have
14 caused the neglect or to have inflicted the abuse on the
15 minor, a foster parent may petition the court to intervene in
16 the proceeding for the sole purpose of requesting that the
17 minor be placed with the foster parent, provided that the
18 foster parent (i) is the current foster parent of the minor
19 or (ii) has previously been a foster parent for the minor for
20 one year or more, has a foster care license or is eligible
21 for a license, and is not the subject of any findings of
22 abuse or neglect of any child. The juvenile court may only
23 enter orders placing a minor with a specific foster parent
24 under this subsection (2)(b) and nothing in this Section
25 shall be construed to confer any jurisdiction or authority on
26 the juvenile court to issue any other orders requiring the
27 appointed guardian or custodian of a minor to place the minor
28 in a designated foster home or facility. This Section is not
29 intended to encompass any matters that are within the scope
30 or determinable under the administrative and appeal process
31 established by rules of the Department of Children and Family
32 Services under Section 5(o) of the Children and Family
33 Services Act. Nothing in this Section shall relieve the
34 court of its responsibility, under Section 2-14(a) of this
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1 Act to act in a just and speedy manner to reunify families
2 where it is the best interests of the minor and, if
3 reunification is not in the best interests of the minor, to
4 find another permanent home for the minor. Nothing in this
5 Section, or in any order issued by the court with respect to
6 the placement of a minor with a foster parent, shall impair
7 the ability of the Department of Children and Family
8 Services, or anyone else authorized under Section 5 of the
9 Abused and Neglected Child Reporting Act, to remove a minor
10 from the home of a foster parent if the Department of
11 Children and Family Services or the person removing the minor
12 has reason to believe that the circumstances or conditions of
13 the minor are such that continuing in the residence or care
14 of the foster parent present an imminent risk of harm to that
15 minor's life or health.
16 (c) If a foster parent has had the minor who is the
17 subject of the proceeding under Article II in his or her home
18 for more than one year on or after July 3, 1994 and if the
19 minor's placement is being terminated from that foster
20 parent's home, that foster parent shall have standing and
21 intervenor status except in those circumstances where the
22 Department of Children and Family Services or anyone else
23 authorized under Section 5 of the Abused and Neglected Child
24 Reporting Act has removed the minor from the foster parent
25 because of a reasonable belief that the circumstances or
26 conditions of the minor are such that continuing in the
27 residence or care of the foster parent presents an imminent
28 risk of harm to the minor's life or health.
29 (d) The court may grant standing to any foster parent if
30 the court finds that it is in the best interest of the child
31 for the foster parent to have standing and intervenor status.
32 (3) Parties respondent are entitled to notice in
33 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
34 and 4-15 or 5-15 and 5-16, as appropriate. At the first
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1 appearance before the court by the minor, his parents,
2 guardian, custodian or responsible relative, the court shall
3 explain the nature of the proceedings and inform the parties
4 of their rights under the first 2 paragraphs of this Section.
5 Upon an adjudication of wardship of the court under Sections
6 2-22, 3-23, 4-20 or 5-22, the court shall inform the parties
7 of their right to appeal therefrom as well as from any other
8 final judgment of the court.
9 (4) No sanction may be applied against the minor who is
10 the subject of the proceedings by reason of his refusal or
11 failure to testify in the course of any hearing held prior to
12 final adjudication under Section 2-22, 3-23, 4-20 or 5-22.
13 (5) In the discretion of the court, the minor may be
14 excluded from any part or parts of a dispositional hearing
15 and, with the consent of the parent or parents, guardian,
16 counsel or a guardian ad litem, from any part or parts of an
17 adjudicatory hearing.
18 (6) The general public except for the news media and the
19 victim shall be excluded from any hearing and, except for the
20 persons specified in this Section only persons, including
21 representatives of agencies and associations, who in the
22 opinion of the court have a direct interest in the case or in
23 the work of the court shall be admitted to the hearing.
24 However, the court may, for the minor's protection and for
25 good cause shown, prohibit any person or agency present in
26 court from further disclosing the minor's identity when the
27 minor is the subject of a hearing under Article II, III, or
28 IV of this Act.
29 (Source: P.A. 87-759; 88-7; 88-549, eff. 7-3-94; 88-550, eff.
30 7-3-94; 88-691, eff. 1-24-95; 89-235, eff. 8-4-95.)
31 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
32 Sec. 1-7. Confidentiality of law enforcement records.
33 (A) Inspection and copying of law enforcement records
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1 maintained by law enforcement agencies that relate to a minor
2 who has been arrested or taken into custody before his or her
3 17th birthday and who is subject to a proceeding under
4 Article II, III, or IV of this Act shall be restricted to the
5 following:
6 (1) (Blank) Any local, State or federal law
7 enforcement officers of any jurisdiction or agency when
8 necessary for the discharge of their official duties
9 during the investigation or prosecution of a crime or
10 relating to a minor who has been adjudicated delinquent
11 and there has been a previous finding that the act which
12 constitutes the previous offense was committed in
13 furtherance of criminal activities by a criminal street
14 gang. For purposes of this Section, "criminal street
15 gang" has the meaning ascribed to it in Section 10 of the
16 Illinois Streetgang Terrorism Omnibus Prevention Act.
17 (2) Prosecutors, probation officers, Social
18 workers, or other individuals assigned by the court to
19 conduct a pre-adjudication or pre-disposition
20 investigation, and individuals responsible for
21 supervising or providing temporary or permanent care and
22 custody for minors pursuant to the order of the juvenile
23 court, when essential to performing their
24 responsibilities.
25 (3) (Blank) Prosecutors and probation officers:
26 (a) in the course of a trial when institution
27 of criminal proceedings has been permitted under
28 Section 5-4 or required under Section 5-4; or
29 (b) when institution of criminal proceedings
30 has been permitted under Section 5-4 or required
31 under Section 5-4 and such minor is the subject of a
32 proceeding to determine the amount of bail; or
33 (c) when criminal proceedings have been
34 permitted under Section 5-4 or required under
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1 Section 5-4 and such minor is the subject of a
2 pre-trial investigation, pre-sentence investigation,
3 fitness hearing, or proceedings on an application
4 for probation.
5 (4) (Blank) Adult and Juvenile Prisoner Review
6 Board.
7 (5) Authorized military personnel.
8 (6) Persons engaged in bona fide research, with the
9 permission of the Presiding Judge of the Juvenile Court
10 and the chief executive of the respective law enforcement
11 agency; provided that publication of such research
12 results in no disclosure of a minor's identity and
13 protects the confidentiality of the minor's record.
14 (7) Department of Children and Family Services
15 child protection investigators acting in their official
16 capacity.
17 (8) (Blank) The appropriate school official.
18 Inspection and copying shall be limited to law
19 enforcement records transmitted to the appropriate school
20 official by a local law enforcement agency under a
21 reciprocal reporting system established and maintained
22 between the school district and the local law enforcement
23 agency under Section 10-20.14 of the School Code
24 concerning a minor enrolled in a school within the school
25 district who has been arrested or taken into custody for
26 any of the following offenses:
27 (i) unlawful use of weapons under Section 24-1
28 of the Criminal Code of 1961;
29 (ii) a violation of the Illinois Controlled
30 Substances Act;
31 (iii) a violation of the Cannabis Control Act;
32 or
33 (iv) a forcible felony as defined in Section
34 2-8 of the Criminal Code of 1961.
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1 (A-5) The general public is permitted to inspect
2 and copy law enforcement records maintained by law
3 enforcement agencies that relate to a minor who has been
4 arrested or taken into custody before his or her 17th
5 birthday under Article V.
6 (B) (1) (Blank) Except as provided in paragraph (2),
7 no law enforcement officer or other person or agency may
8 knowingly transmit to the Department of Corrections,
9 Adult Division or the Department of State Police or to
10 the Federal Bureau of Investigation any fingerprint or
11 photograph relating to a minor who has been arrested or
12 taken into custody before his or her 17th birthday,
13 unless the court in proceedings under this Act authorizes
14 the transmission or enters an order under Section 5-4
15 permitting or requiring the institution of criminal
16 proceedings.
17 (2) Law enforcement officers or other persons or
18 agencies shall transmit to the Department of State
19 Police copies of fingerprints and descriptions of all
20 minors who have been arrested or taken into custody
21 before their 17th birthday for a felony or a Class A or B
22 misdemeanor the offense of unlawful use of weapons under
23 Article 24 of the Criminal Code of 1961, a Class X or
24 Class 1 felony, a forcible felony as defined in Section
25 2-8 of the Criminal Code of 1961, or a Class 2 or greater
26 felony under the Cannabis Control Act, the Illinois
27 Controlled Substances Act, or Chapter 4 of the Illinois
28 Vehicle Code, pursuant to Section 5 of the Criminal
29 Identification Act. Moving or nonmoving traffic
30 violations under the Illinois Vehicle Code shall not be
31 reported except for violations of Chapter 4 and Section
32 11-204.1 of that Code. In addition, conservation
33 offenses, as defined in Supreme Court Rule 501(c), that
34 are classified as Class B misdemeanors shall not be
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1 reported. Information reported to the Department
2 pursuant to this Section may be maintained with records
3 that the Department files pursuant to Section 2.1 of the
4 Criminal Identification Act. Nothing in this Act
5 prohibits a law enforcement agency from fingerprinting a
6 minor taken into custody or arrested before his or her
7 17th birthday for an offense other than those listed in
8 this paragraph (2).
9 (C) (Blank) The records of law enforcement officers
10 concerning all minors under 17 years of age must be
11 maintained separate from the records of arrests and may not
12 be open to public inspection or their contents disclosed to
13 the public except by order of the court or when the
14 institution of criminal proceedings has been permitted under
15 Section 5-4 or required under Section 5-4 or such a person
16 has been convicted of a crime and is the subject of
17 pre-sentence investigation or proceedings on an application
18 for probation or when provided by law.
19 (D) Nothing contained in subsection (C) of this Section
20 shall prohibit the inspection or disclosure to victims and
21 witnesses of photographs contained in the records of law
22 enforcement agencies when the inspection and disclosure is
23 conducted in the presence of a law enforcement officer for
24 the purpose of the identification or apprehension of any
25 person subject to the provisions of this Act or for the
26 investigation or prosecution of any crime is not prohibited
27 by this Act.
28 (E) (Blank) Law enforcement officers may not disclose
29 the identity of any minor in releasing information to the
30 general public as to the arrest, investigation or disposition
31 of any case involving a minor.
32 (F) (Blank) Nothing contained in this Section shall
33 prohibit law enforcement agencies from communicating with
34 each other by letter, memorandum, teletype or intelligence
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1 alert bulletin or other means the identity or other relevant
2 information pertaining to a person under 17 years of age if
3 there are reasonable grounds to believe that the person poses
4 a real and present danger to the safety of the public or law
5 enforcement officers. The information provided under this
6 subsection (F) shall remain confidential and shall not be
7 publicly disclosed, except as otherwise allowed by law.
8 (Source: P.A. 88-45; 88-467; 88-679, eff. 7-1-95; 89-221,
9 eff. 8-4-95; 89-362, eff. 8-18-95; 89-626, eff. 8-9-96.)
10 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
11 Sec. 1-8. Confidentiality and accessibility of juvenile
12 court records.
13 (A) Inspection and copying of juvenile court records
14 relating to a minor who is the subject of a proceeding under
15 Article II, III, or IV of this Act shall be restricted to the
16 following:
17 (1) The minor who is the subject of record, his or
18 her parents, guardian and counsel.
19 (2) (Blank) Law enforcement officers and law
20 enforcement agencies when such information is essential
21 to executing an arrest or search warrant or other
22 compulsory process, or to conducting an ongoing
23 investigation or relating to a minor who has been
24 adjudicated delinquent and there has been a previous
25 finding that the act which constitutes the previous
26 offense was committed in furtherance of criminal
27 activities by a criminal street gang.
28 Before July 1, 1994, for the purposes of this
29 Section, "criminal street gang" means any ongoing
30 organization, association, or group of 3 or more persons,
31 whether formal or informal, having as one of its primary
32 activities the commission of one or more criminal acts
33 and that has a common name or common identifying sign,
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1 symbol or specific color apparel displayed, and whose
2 members individually or collectively engage in or have
3 engaged in a pattern of criminal activity.
4 Beginning July 1, 1994, for purposes of this
5 Section, "criminal street gang" has the meaning ascribed
6 to it in Section 10 of the Illinois Streetgang Terrorism
7 Omnibus Prevention Act.
8 (3) Judges, prosecutors, probation officers, social
9 workers, or other individuals assigned by the court to
10 conduct a pre-adjudication or predisposition
11 investigation, and individuals responsible for
12 supervising or providing temporary or permanent care and
13 custody for minors pursuant to the order of the juvenile
14 court when essential to performing their
15 responsibilities.
16 (4) (Blank) Judges, prosecutors and probation
17 officers:
18 (a) in the course of a trial when institution
19 of criminal proceedings has been permitted under
20 Section 5-4 or required under Section 5-4; or
21 (b) when criminal proceedings have been
22 permitted under Section 5-4 or required under
23 Section 5-4 and a minor is the subject of a
24 proceeding to determine the amount of bail; or
25 (c) when criminal proceedings have been
26 permitted under Section 5-4 or required under
27 Section 5-4 and a minor is the subject of a
28 pre-trial investigation, pre-sentence investigation
29 or fitness hearing, or proceedings on an application
30 for probation; or
31 (d) when a minor becomes 17 years of age or
32 older, and is the subject of criminal proceedings,
33 including a hearing to determine the amount of bail,
34 a pre-trial investigation, a pre-sentence
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1 investigation, a fitness hearing, or proceedings on
2 an application for probation.
3 (5) (Blank) Adult and Juvenile Prisoner Review
4 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) (Blank) The Secretary of State to whom the
18 Clerk of the Court shall report the disposition of all
19 cases, as required in Section 6-204 of The Illinois
20 Vehicle Code. However, information reported relative to
21 these offenses shall be privileged and available only to
22 the Secretary 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 (A-5) The general public is permitted to inspect and
27 copy juvenile court records relating to a minor who is the
28 subject of a proceeding under Article V.
29 (B) A minor who is the victim in a juvenile proceeding
30 shall be provided the same confidentiality regarding
31 disclosure of identity as the minor who is the subject of
32 record.
33 (C) Except as otherwise provided in this subsection (C),
34 juvenile court records relating to a minor who is subject to
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1 a proceeding under Article II, III, or IV shall not be made
2 available to the general public but may be inspected by
3 representatives of agencies, associations and news media or
4 other properly interested persons by general or special order
5 of the court. The State's Attorney, the minor, his parents,
6 guardian and counsel shall at all times have the right to
7 examine court files and records.
8 (1) (Blank) The court shall allow the general
9 public to have access to the name, address, and offense
10 of a minor who is adjudicated a delinquent minor under
11 this Act under either of the following circumstances:
12 (A) The adjudication of delinquency was based
13 upon the minor's commission of first degree murder,
14 attempt to commit first degree murder, aggravated
15 criminal sexual assault, or criminal sexual assault;
16 or
17 (B) The court has made a finding that the
18 minor was at least 13 years of age at the time the
19 act was committed and the adjudication of
20 delinquency was based upon the minor's commission
21 of: (i) an act in furtherance of the commission of a
22 felony as a member of or on behalf of a criminal
23 street gang, (ii) an act involving the use of a
24 firearm in the commission of a felony, (iii) an act
25 that would be a Class X felony offense under or the
26 minor's second or subsequent Class 2 or greater
27 felony offense under the Cannabis Control Act if
28 committed by an adult, (iv) an act that would be a
29 second or subsequent offense under Section 402 of
30 the Illinois Controlled Substances Act if committed
31 by an adult, or (v) an act that would be an offense
32 under Section 401 of the Illinois Controlled
33 Substances Act if committed by an adult.
34 (2) (Blank) The court shall allow the general
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1 public to have access to the name, address, and offense
2 of a minor who is at least 13 years of age at the time
3 the offense is committed and who is convicted, in
4 criminal proceedings permitted or required under Section
5 5-4, under either of the following circumstances:
6 (A) The minor has been convicted of first
7 degree murder, attempt to commit first degree
8 murder, aggravated criminal sexual assault, or
9 criminal sexual assault,
10 (B) The court has made a finding that the
11 minor was at least 13 years of age at the time the
12 offense was committed and the conviction was based
13 upon the minor's commission of: (i) an offense in
14 furtherance of the commission of a felony as a
15 member of or on behalf of a criminal street gang,
16 (ii) an offense involving the use of a firearm in
17 the commission of a felony, (iii) a Class X felony
18 offense under or a second or subsequent Class 2 or
19 greater felony offense under the Cannabis Control
20 Act, (iv) a second or subsequent offense under
21 Section 402 of the Illinois Controlled Substances
22 Act, or (v) an offense under Section 401 of the
23 Illinois Controlled Substances Act.
24 (D) Pending or following any adjudication of delinquency
25 for any offense defined in Sections 12-13 through 12-16 of
26 the Criminal Code of 1961, the victim of any such offense
27 shall receive the rights set out in Sections 4 and 6 of the
28 Bill of Rights for Victims and Witnesses of Violent Crime
29 Act; and the juvenile who is the subject of the adjudication,
30 notwithstanding any other provision of this Act, shall be
31 treated as an adult for the purpose of affording such rights
32 to the victim.
33 (E) Nothing in this Section shall affect the right of a
34 Civil Service Commission or appointing authority examining
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1 the character and fitness of an applicant for a position as a
2 law enforcement officer to ascertain whether that applicant
3 was ever adjudicated to be a delinquent minor and, if so, to
4 examine the records of disposition or evidence which were
5 made in proceedings under this Act.
6 (F) Following any adjudication of delinquency for a
7 crime which would be a felony if committed by an adult, or
8 following any adjudication of delinquency for a violation of
9 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
10 1961, the State's Attorney shall ascertain whether the minor
11 respondent is enrolled in school and, if so, shall provide a
12 copy of the dispositional order to the principal or chief
13 administrative officer of the school. Access to such
14 juvenile records shall be limited to the principal or chief
15 administrative officer of the school and any guidance
16 counselor designated by him.
17 (G) Nothing contained in this Act prevents the sharing
18 or disclosure of information or records relating or
19 pertaining to juveniles subject to the provisions of the
20 Serious Habitual Offender Comprehensive Action Program when
21 that information is used to assist in the early
22 identification and treatment of habitual juvenile offenders.
23 (H) When a Court hearing a proceeding under Article II
24 of this Act becomes aware that an earlier proceeding under
25 Article II had been heard in a different county, that Court
26 shall request, and the Court in which the earlier proceedings
27 were initiated shall transmit, an authenticated copy of the
28 Court record, including all documents, petitions, and orders
29 filed therein and the minute orders, transcript of
30 proceedings, and docket entries of the Court.
31 (I) The Clerk of the Circuit Court shall report to the
32 Department of State Police, in the form and manner required
33 by the Department of State Police, the final disposition of
34 each minor who has been arrested or taken into custody before
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1 his or her 17th birthday for those offenses required to be
2 reported under Section 5 of the Criminal Identification Act.
3 Information reported to the Department under this Section may
4 be maintained with records that the Department files under
5 Section 2.1 of the Criminal Identification Act.
6 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
7 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
8 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
9 89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)
10 (705 ILCS 405/1-8.2) (from Ch. 37, par. 801-8.2)
11 Sec. 1-8.2. Cooperation of agencies; Serious Habitual
12 Offender Comprehensive Action Program.
13 (a) The Serious Habitual Offender Comprehensive Action
14 Program (SHOCAP) is a multi-disciplinary interagency case
15 management and information sharing system that enables the
16 juvenile justice system, schools, and social service agencies
17 to make more informed decisions regarding a small number of
18 juveniles who repeatedly commit serious delinquent acts.
19 (b) Each county in the State of Illinois, other than
20 Cook County, may establish a multi-disciplinary agency
21 (SHOCAP) committee. In Cook County, each subcircuit or group
22 of subcircuits may establish a multi-disciplinary agency
23 (SHOCAP) committee. The committee shall consist of
24 representatives from the following agencies: local law
25 enforcement, area school district, state's attorney's office,
26 and court services (probation).
27 The chairman may appoint additional members to the
28 committee as deemed appropriate to accomplish the goals of
29 this program, including, but not limited to, representatives
30 from the juvenile detention center, mental health, the
31 Illinois Department of Children and Family Services, and
32 community representatives at large.
33 (c) The SHOCAP committee shall adopt, by a majority of
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1 the members:
2 (1) criteria that will identify those who qualify
3 as a serious habitual juvenile offender; and
4 (2) a written interagency information sharing
5 agreement to be signed by the chief executive officer of
6 each of the agencies represented on the committee. The
7 interagency information sharing agreement shall include a
8 provision that requires that all records pertaining to a
9 serious habitual offender (SHO) shall be confidential.
10 Disclosure of information may be made to other staff from
11 member agencies as authorized by the SHOCAP committee for
12 the furtherance of case management and tracking of the
13 SHO. Staff from the member agencies who receive this
14 information shall be governed by the confidentiality
15 provisions of this Act. The staff from the member
16 agencies who will qualify to have access to the SHOCAP
17 information must be limited to those individuals who
18 provide direct services to the SHO or who provide
19 supervision of the SHO.
20 (d) The Chief Juvenile Circuit Judge, or the Chief
21 Circuit Judge, or his designee, may issue a comprehensive
22 information sharing court order. The court order shall allow
23 agencies who are represented on the SHOCAP committee and
24 whose chief executive officer has signed the interagency
25 information sharing agreement to provide and disclose
26 information to the SHOCAP committee. The sharing of
27 information will ensure the coordination and cooperation of
28 all agencies represented in providing case management and
29 enhancing the effectiveness of the SHOCAP efforts.
30 (e) Any person or agency who is participating in good
31 faith in the sharing of SHOCAP information under this Act
32 shall have immunity from any liability, civil, criminal, or
33 otherwise, that might result by reason of the type of
34 information exchanged. For the purpose of any proceedings,
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1 civil or criminal, the good faith of any person or agency
2 permitted to share SHOCAP information under this Act shall be
3 presumed.
4 (f) All reports concerning SHOCAP clients made available
5 to members of the SHOCAP committee and all records generated
6 from these reports may be shall be confidential and shall not
7 be disclosed to the general public , except as specifically
8 authorized by this Act or other applicable law. It is a
9 Class A misdemeanor to permit, assist, or encourage the
10 unauthorized release of any information contained in SHOCAP
11 reports or records.
12 (Source: P.A. 89-656, eff. 1-1-97.)
13 (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
14 Sec. 1-9. Expungement of law enforcement and juvenile
15 court records. Expungement or sealing of law enforcement or
16 juvenile court records of a minor shall be as provided in
17 Section 5 of the Criminal Identification Act and Section
18 5-6-3.1 of the Unified Code of Corrections. (1) Whenever
19 any person has attained the age of 17 or whenever all
20 juvenile court proceedings relating to that person have been
21 terminated, whichever is later, the person may petition the
22 court to expunge law enforcement records relating to
23 incidents occurring before his 17th birthday or his juvenile
24 court records, or both, but only in the following
25 circumstances:
26 (a) the minor was arrested and no petition for
27 delinquency was filed with the clerk of the circuit court; or
28 (b) the minor was charged with an offense and was found
29 not delinquent of that offense; or
30 (c) the minor was placed under supervision pursuant to
31 Sections 2-20, 3-21, 4-18 or 5-19, and such order of
32 supervision has since been successfully terminated.
33 (2) Any person may petition the court to expunge all law
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1 enforcement records relating to any incidents occurring
2 before his 17th birthday and not resulting in criminal
3 proceedings and all juvenile court records relating to any
4 adjudications for any crimes committed before his 17th
5 birthday, except first degree murder, if he has had no
6 convictions for any crime since his 17th birthday and:
7 (a) 10 years have elapsed since his 17th birthday; or
8 (b) 10 years have elapsed since all juvenile court
9 proceedings relating to him have been terminated or his
10 commitment to the Department of Corrections pursuant to this
11 Act has been terminated; whichever is later of (a) or (b).
12 (3) The chief judge of the circuit in which an arrest
13 was made or a charge was brought or any judge of that circuit
14 designated by the chief judge may, upon verified petition of
15 a person who is the subject of an arrest or a juvenile court
16 proceeding pursuant to subsection (1) or (2) of this Section,
17 order the law enforcement records or juvenile court records,
18 or both, to be expunged from the official records of the
19 arresting authority and the clerk of the circuit court.
20 Notice of the petition shall be served upon the State's
21 Attorney and upon the arresting authority which is the
22 subject of the petition for expungement.
23 (Source: P.A. 85-601.)
24 (705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
25 Sec. 5-6. Duty of officer; admissions by minor. (1) A
26 law enforcement officer who takes a minor into custody with a
27 warrant shall immediately make a reasonable attempt to notify
28 the parent or other person legally responsible for the
29 minor's care or the person with whom the minor resides that
30 the minor has been taken into custody and where he or she is
31 being held; and the officer shall without unnecessary delay
32 take the minor to the nearest juvenile police officer
33 designated for such purposes in the county of venue or shall
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1 surrender the minor to a juvenile police officer in the city
2 or village where the offense is alleged to have been
3 committed.
4 The minor shall be delivered without unnecessary delay to
5 the court or to the place designated by rule or order of
6 court for the reception of minors.
7 (2) A law enforcement officer who takes a minor into
8 custody without a warrant under Section 5-5 shall, if the
9 minor is not released, immediately make a reasonable attempt
10 to notify the parent or other person legally responsible for
11 the minor's care or the person with whom the minor resides
12 that the minor has been taken into custody and where the
13 minor is being held; and the law enforcement officer shall
14 without unnecessary delay take the minor to the nearest
15 juvenile police officer designated for such purposes in the
16 county of venue or shall surrender the minor to a juvenile
17 police officer in the city or village where the offense is
18 alleged to have been committed.
19 (3) The juvenile police officer may take one of the
20 following actions:
21 (a) station adjustment with release of the minor;
22 (b) station adjustment with release of the minor to a
23 parent;
24 (c) station adjustment, release of the minor to a
25 parent, and referral of the case to community services;
26 (d) station adjustment, release of the minor to a
27 parent, and referral of the case to community services with
28 informal monitoring by a juvenile police officer;
29 (e) station adjustment and release of the minor to a
30 third person pursuant to agreement of the minor and parents;
31 (f) station adjustment, release of the minor to a third
32 person pursuant to agreement of the minor and parents, and
33 referral of the case to community services;
34 (g) station adjustment, release of the minor to a third
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1 person pursuant to agreement of the minor and parent, and
2 referral to community services with informal monitoring by a
3 juvenile police officer;
4 (h) release of the minor to his or her parents and
5 referral of the case to a county juvenile probation officer
6 or such other public officer designated by the court;
7 (i) if the juvenile police officer reasonably believes
8 that there is an urgent and immediate necessity to keep the
9 minor in custody, the juvenile police officer shall deliver
10 the minor without unnecessary delay to the court or to the
11 place designated by rule or order of court for the reception
12 of minors;
13 (j) if the minor and a parent or guardian consent in
14 writing, the juvenile police officer may condition the
15 minor's release upon his or her agreement to perform public
16 or community service subject to Sections 1-12 and 1-13 of
17 this Act or to make restitution for damages; and
18 (k) any other appropriate action with consent of the
19 minor and a parent.
20 (4) The factors to be considered in determining whether
21 to release or keep a minor in custody shall include:
22 (a) the nature of the allegations against the minor;
23 (b) the minor's history and present situation;
24 (c) the history of the minor's family and the family's
25 present situation;
26 (d) the educational and employment status of the minor;
27 (e) the availability of special resource or community
28 services to aid or counsel the minor;
29 (f) the minor's past involvement with and progress in
30 social programs;
31 (g) the attitude of complainant and community toward the
32 minor; and
33 (h) the present attitude of the minor and family.
34 (5) (Blank) The records of law enforcement officers
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1 concerning all minors taken into custody under this Act shall
2 be maintained separate from the records of arrests and may
3 not be inspected by or disclosed to the public except by
4 order of the court.
5 (Source: P.A. 85-1209.)
6 Section 99. This Act takes effect upon becoming law.