|
|
Public Act 096-0212
|
| SB1274 Enrolled |
LRB096 04556 RLC 14611 b |
|
|
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 |
changing Section 1-8 as follows:
|
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
|
Sec. 1-8. Confidentiality and accessibility of juvenile |
court records.
|
(A) Inspection and copying of juvenile court records |
relating to a minor
who is the subject of a proceeding under |
this Act shall be restricted to the
following:
|
(1) The minor who is the subject of record, his |
parents, guardian
and counsel.
|
(2) Law enforcement officers and law enforcement |
agencies when such
information is essential to executing an |
arrest or search warrant or other
compulsory process, or to |
conducting an ongoing investigation
or relating to a minor |
who
has been adjudicated delinquent and there has been a |
previous finding that
the act which constitutes the |
previous offense was committed in furtherance
of criminal |
activities by a criminal street gang.
|
Before July 1, 1994, for the purposes of this Section, |
"criminal street
gang" means any ongoing
organization, |
|
association, or group of 3 or more persons, whether formal |
or
informal, having as one of its primary activities the |
commission of one or
more criminal acts and that has a |
common name or common identifying sign,
symbol or specific |
color apparel displayed, and whose members individually
or |
collectively engage in or have engaged in a pattern of |
criminal activity.
|
Beginning July 1, 1994, for purposes of this Section, |
"criminal street
gang" has the meaning ascribed to it in |
Section 10 of the Illinois Streetgang
Terrorism Omnibus |
Prevention Act.
|
(3) Judges, hearing officers, prosecutors, probation |
officers, social
workers or other
individuals assigned by |
the court to conduct a pre-adjudication or
predisposition |
investigation, and individuals responsible for supervising
|
or providing temporary or permanent care and custody for |
minors pursuant
to the order of the juvenile court when |
essential to performing their
responsibilities.
|
(4) Judges, prosecutors and probation officers:
|
(a) in the course of a trial when institution of |
criminal proceedings
has been permitted or required |
under Section 5-805; or
|
(b) when criminal proceedings have been permitted
|
or
required under Section 5-805 and a minor is the |
subject of a
proceeding to
determine the amount of |
bail; or
|
|
(c) when criminal proceedings have been permitted
|
or
required under Section 5-805 and a minor is the |
subject of a
pre-trial
investigation, pre-sentence |
investigation or fitness hearing, or
proceedings on an |
application for probation; or
|
(d) when a minor becomes 17 years of age or older, |
and is the subject
of criminal proceedings, including a |
hearing to determine the amount of
bail, a pre-trial |
investigation, a pre-sentence investigation, a fitness
|
hearing, or proceedings on an application for |
probation.
|
(5) Adult and Juvenile Prisoner Review Boards.
|
(6) Authorized military personnel.
|
(7) Victims, their subrogees and legal |
representatives; however, such
persons shall have access |
only to the name and address of the minor and
information |
pertaining to the disposition or alternative adjustment |
plan
of the juvenile court.
|
(8) Persons engaged in bona fide research, with the |
permission of the
presiding judge of the juvenile court and |
the chief executive of the agency
that prepared the |
particular records; provided that publication of such
|
research results in no disclosure of a minor's identity and |
protects the
confidentiality of the record.
|
(9) The Secretary of State to whom the Clerk of the |
Court shall report
the disposition of all cases, as |
|
required in Section 6-204 of the Illinois
Vehicle Code. |
However, information reported relative to these offenses |
shall
be privileged and available only to the Secretary of |
State, courts, and police
officers.
|
(10) The administrator of a bonafide substance abuse |
student
assistance program with the permission of the |
presiding judge of the
juvenile court.
|
(11) Mental health professionals on behalf of the |
Illinois Department of
Corrections or the Department of |
Human Services or prosecutors who are
evaluating, |
prosecuting, or investigating a potential or actual |
petition
brought
under the Sexually Persons Commitment Act |
relating to a person who is the
subject of
juvenile court |
records or the respondent to a petition brought under
the
|
Sexually Violent Persons Commitment Act, who is the subject |
of juvenile
court records
sought. Any records and any |
information obtained from those records under this
|
paragraph (11) may be used only in sexually violent persons |
commitment
proceedings.
|
(A-1) Findings and exclusions of paternity entered in |
proceedings occurring under Article II of this Act shall be |
disclosed, in a manner and form approved by the Presiding Judge |
of the Juvenile Court, to the Department of Healthcare and |
Family Services when necessary to discharge the duties of the |
Department of Healthcare and Family Services under Article X of |
the Illinois Public Aid Code. |
|
(B) A minor who is the victim in a juvenile proceeding |
shall be
provided the same confidentiality regarding |
disclosure of identity as the
minor who is the subject of |
record.
|
(C) Except as otherwise provided in this subsection (C), |
juvenile court
records shall not be made available to the |
general public
but may be inspected by representatives of |
agencies, associations and news
media or other properly |
interested persons by general or special order of
the court |
presiding over matters pursuant to this Act. |
(0.1) In cases where the records concern a pending |
juvenile court case, the party seeking to inspect the |
juvenile court records shall provide actual notice to the |
attorney or guardian ad litem of the minor whose records |
are sought. |
(0.2) In cases where the records concern a juvenile |
court case that is no longer pending, the party seeking to |
inspect the juvenile court records shall provide actual |
notice to the minor or the minor's parent or legal |
guardian, and the matter shall be referred to the chief |
judge presiding over matters pursuant to this Act. |
(0.3) In determining whether the records should be |
available for inspection, the court shall consider the |
minor's interest in confidentiality and rehabilitation |
over the moving party's interest in obtaining the |
information. The State's Attorney, the minor, and the |
|
minor's parents, guardian, and counsel shall at all times |
have the right to examine court files and records. For |
purposes of obtaining documents pursuant to this Section, a |
civil subpoena is not an order of the court. |
(0.4) Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or |
civil proceeding, or operate to disqualify a minor from |
subsequently holding public office, or operate as a |
forfeiture of any public benefit, right, privilege, or |
right to receive any license granted by public authority.
|
(1) The
court shall allow the general public to have |
access to the name, address, and offense of a minor
who is |
adjudicated a delinquent minor under this Act under either |
of the
following circumstances:
|
(A) The
adjudication of
delinquency was based upon |
the
minor's
commission of first degree murder, attempt |
to commit first degree
murder, aggravated criminal |
sexual assault, or criminal sexual assault; or
|
(B) The court has made a finding that the minor was |
at least 13 years of
age
at the time the act was |
committed and the adjudication of delinquency was |
based
upon the minor's commission of: (i)
an act in |
furtherance of the commission of a felony as a member |
of or on
behalf of a criminal street
gang, (ii) an act |
involving the use of a firearm in the commission of a
|
felony, (iii) an act that would be a Class X felony |
|
offense
under or
the minor's second or subsequent
Class |
2 or greater felony offense under the Cannabis Control |
Act if committed by an adult,
(iv) an act that would be |
a second or subsequent offense under Section 402 of
the |
Illinois Controlled Substances Act if committed by an |
adult, (v) an act
that would be an offense under |
Section 401 of the Illinois Controlled
Substances Act |
if committed by an adult, (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act.
|
(2) The court
shall allow the general public to have |
access to the name, address, and offense of a minor who is |
at least 13 years of age at
the time the offense
is |
committed and who is convicted, in criminal proceedings
|
permitted or required under Section 5-4, under either of |
the following
circumstances:
|
(A) The minor has been convicted of first degree |
murder, attempt
to commit first degree
murder, |
aggravated criminal sexual
assault, or criminal sexual |
assault,
|
(B) The court has made a finding that the minor was |
at least 13 years
of age
at the time the offense was |
committed and the conviction was based upon the
minor's |
|
commission of: (i)
an offense in
furtherance of the |
commission of a felony as a member of or on behalf of a
|
criminal street gang, (ii) an offense
involving the use |
of a firearm in the commission of a felony, (iii)
a |
Class X felony offense under or a second or subsequent |
Class 2 or
greater felony offense under the Cannabis |
Control Act, (iv) a
second or subsequent offense under |
Section 402 of the Illinois
Controlled Substances Act, |
(v) an offense under Section 401 of the Illinois
|
Controlled Substances Act, (vi) an act that would be a |
second or subsequent offense under Section 60 of the |
Methamphetamine Control and Community Protection Act, |
or (vii) an act that would be an offense under another |
Section of the Methamphetamine Control and Community |
Protection Act.
|
(D) Pending or following any adjudication of delinquency |
for
any offense defined
in Sections 12-13 through 12-16 of the |
Criminal Code of 1961,
the victim of any such offense shall |
receive the
rights set out in Sections 4 and 6 of the Bill of
|
Rights for Victims and Witnesses of Violent Crime Act; and the
|
juvenile who is the subject of the adjudication, |
notwithstanding any other
provision of this Act, shall be |
treated
as an adult for the purpose of affording such rights to |
the victim.
|
(E) Nothing in this Section shall affect the right of a |
Civil Service
Commission or appointing authority of any state, |
|
county or municipality
examining the character and fitness of
|
an applicant for employment with a law enforcement
agency, |
correctional institution, or fire department to
ascertain
|
whether that applicant was ever adjudicated to be a delinquent |
minor and,
if so, to examine the records of disposition or |
evidence which were made in
proceedings under this Act.
|
(F) Following any adjudication of delinquency for a crime |
which would be
a felony if committed by an adult, or following |
any adjudication of delinquency
for a violation of Section |
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the |
State's Attorney shall ascertain
whether the minor respondent |
is enrolled in school and, if so, shall provide
a copy of the |
dispositional order to the principal or chief administrative
|
officer of the school. Access to such juvenile records shall be |
limited
to the principal or chief administrative officer of the |
school and any guidance
counselor designated by him.
|
(G) Nothing contained in this Act prevents the sharing or
|
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual |
Offender Comprehensive
Action Program when that information is |
used to assist in the early
identification and treatment of |
habitual juvenile offenders.
|
(H) When a Court hearing a proceeding under Article II of |
this Act becomes
aware that an earlier proceeding under Article |
II had been heard in a different
county, that Court shall |
request, and the Court in which the earlier
proceedings were |
|
initiated shall transmit, an authenticated copy of the Court
|
record, including all documents, petitions, and orders filed |
therein and the
minute orders, transcript of proceedings, and |
docket entries of the Court.
|
(I) The Clerk of the Circuit Court shall report to the |
Department of
State
Police, in the form and manner required by |
the Department of State Police, the
final disposition of each |
minor who has been arrested or taken into custody
before his or |
her 17th birthday for those offenses required to be reported
|
under Section 5 of the Criminal Identification Act. Information |
reported to
the Department under this Section may be maintained |
with records that the
Department files under Section 2.1 of the |
Criminal Identification Act.
|
(Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|