| ||||
Public Act 102-0615 | ||||
| ||||
| ||||
AN ACT concerning courts.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Juvenile Court Act of 1987 is amended by | ||||
adding Section 2-10.3 as follows: | ||||
(705 ILCS 405/2-10.3 new) | ||||
Sec. 2-10.3. Access to news media. | ||||
(a) All youth in the custody or guardianship of the | ||||
Department of Children and Family Services are entitled to the | ||||
freedom of speech guaranteed by the First Amendment to the | ||||
Constitution of the United States and Section 4 of Article I of | ||||
the Illinois Constitution. The Department of Children and | ||||
Family Services and its agents and assigns shall not interfere | ||||
with the right of any youth in its custody or guardianship to | ||||
communicate with the news media if the youth chooses to do so. | ||||
(b) Provisions related to minors under 18. Any time the | ||||
news media requests to speak with a specific, identified minor | ||||
under 18 years of age, the Department of Children and Family | ||||
Services shall immediately provide notice of the news media's | ||||
request to the minor's attorney and guardian ad litem. The | ||||
notice shall include at a minimum the minor's name, the news | ||||
media name, and the date of the inquiry from the news media. | ||||
Within one business day of the news media's request, the |
Department shall determine whether the minor wants to speak | ||
with the news media, whether the minor has sufficient maturity | ||
to make his or her own decision to communicate with the news | ||
media and whether contact with the news media will more likely | ||
than not cause the minor serious physical, emotional, or | ||
mental harm. The Department shall provide notice of its | ||
determination to the minor's attorney and guardian ad litem | ||
within one business day of its determination. | ||
(c) Provisions related to minors over 18. The Department | ||
shall not take any action to interfere with the right of a | ||
minor over 18 to speak with the news media. | ||
(d) Court Review. | ||
(1) Any party may file a motion seeking to enforce | ||
rights under this Section. | ||
(2) If the minor does not have an attorney, the court | ||
shall appoint one for purposes of the motion. | ||
(3) The Department shall facilitate the minor's | ||
presence in court for hearings on the motion if the minor | ||
wants to be present. | ||
(4) The party filing the motion shall provide prior | ||
notice of the hearing to the involved news media. | ||
(5) Minors over 18. If the court finds that the | ||
Department has interfered with the minor's right to | ||
communicate with the media, the court shall enjoin any | ||
further interference by the Department with the minor's | ||
contacts with the news media. |
(6) Minors under 18. The Department shall have the | ||
burden of establishing by clear and convincing evidence: | ||
(i) that the minor does not have sufficient maturity to | ||
make his or her own decision to communicate with the news | ||
media and that contact with the news media will, more | ||
likely than not, cause the minor serious physical, | ||
emotional, or mental harm; and (ii) that less restrictive | ||
means are insufficient to address the minor's lack of | ||
maturity or the risk of serious physical, emotional, or | ||
mental harm. If the court finds by clear and convincing | ||
evidence that a minor under 18 years of age lacks | ||
sufficient maturity to make his or her own decision to | ||
communicate with the media and that the contact with the | ||
news media will, more likely than not, cause the minor | ||
serious physical, emotional, or mental harm, the court may | ||
issue an order identifying the specific limits that the | ||
Department may impose on the minor's communication with | ||
the news media. The order shall not permit the Department | ||
to prevent the minor from communicating with the news | ||
media unless it determines that no less restrictive means | ||
are available to address the likelihood of harm to the | ||
minor. | ||
(7) The court shall not impose any limitations on the | ||
speech of a minor based on viewpoints the minor may | ||
express or information the minor may divulge, unless it is | ||
confidential information regarding third parties. |
(8) All orders resolving motions brought under this | ||
subsection shall contain written findings in support of | ||
the court's ruling. | ||
(e) As used in this Section, "interfere" includes, but is | ||
not limited to: withholding information from a minor about a | ||
news media outlet's request to speak with the minor, including | ||
any contact information necessary to respond to the request; | ||
preventing a minor from communicating with the news media; | ||
threatening or coercing the minor in any manner; or punishing | ||
or taking adverse action because of a minor's contact with the | ||
news media. "Interfere" does not include: | ||
(1) providing information and advice about | ||
communicating with news media that is consistent with the | ||
minor's age, developmental capacity and circumstances, | ||
including information about the minor's right to refuse | ||
particular questions, the right to condition the | ||
participation upon a promise of anonymity or other privacy | ||
measures, the right to refuse to speak to the news media, | ||
and similar advice designed to enhance the minor's right | ||
to autonomy in communicating with the news media; and | ||
(2) conducting an inquiry into (i) whether a minor | ||
under 18 is sufficiently mature to decide for themselves | ||
whether to communicate with the news media and (ii) | ||
whether communicating with the news media will more likely | ||
than not cause serious physical, emotional, or mental harm | ||
to the minor under 18. The inquiry in this subsection must |
be concluded within one business day of the request from | ||
the news media. | ||
(f) As used in this Section, "less restrictive means" are | ||
conditions on the minor's ability to communicate with the news | ||
media that mitigate the likelihood that physical, emotional, | ||
or mental harm will result, and include, but are not limited | ||
to: | ||
(1) the news media outlet's willingness to take steps | ||
to protect the minor's privacy, such as using a pseudonym | ||
or limiting the use of the voice or image of a minor; | ||
(2) the presence of the minor's guardian ad litem or | ||
attorney or another adult of the minor's choosing, during | ||
the communication with the news media; and | ||
(3) providing the minor with age-appropriate media | ||
literacy materials or other relevant educational material.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |