Public Act 90-0127 of the 90th General Assembly
Public Act 90-0127
HB0977 Enrolled LRB9002578RCks
AN ACT to amend the Juvenile Court Act of 1987 by
changing Sections 1-7 and 1-8.
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 Sections 1-7 and 1-8 as follows:
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement records.
(A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:
(1) Any local, State or federal law enforcement
officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the
investigation or prosecution of a crime 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. 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.
(2) Prosecutors, probation officers, social
workers, or other individuals assigned by the court to
conduct a pre-adjudication or pre-disposition
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.
(3) Prosecutors and probation officers:
(a) in the course of a trial when institution
of criminal proceedings has been permitted under
Section 5-4 or required under Section 5-4; or
(b) when institution of criminal proceedings
has been permitted under Section 5-4 or required
under Section 5-4 and such minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and such minor is the subject of a
pre-trial investigation, pre-sentence investigation,
fitness hearing, or proceedings on an application
for probation.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge of the Juvenile Court
and the chief executive of the respective law enforcement
agency; provided that publication of such research
results in no disclosure of a minor's identity and
protects the confidentiality of the minor's record.
(7) Department of Children and Family Services
child protection investigators acting in their official
capacity.
(8) The appropriate school official. Inspection
and copying shall be limited to law enforcement records
transmitted to the appropriate school official by a local
law enforcement agency under a reciprocal reporting
system established and maintained between the school
district and the local law enforcement agency under
Section 10-20.14 of the School Code concerning a minor
enrolled in a school within the school district who has
been arrested or taken into custody for any of the
following offenses:
(i) unlawful use of weapons under Section 24-1
of the Criminal Code of 1961;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
or
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961.
(B) (1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may
knowingly transmit to the Department of Corrections,
Adult Division or the Department of State Police or to
the Federal Bureau of Investigation any fingerprint or
photograph relating to a minor who has been arrested or
taken into custody before his or her 17th birthday,
unless the court in proceedings under this Act authorizes
the transmission or enters an order under Section 5-4
permitting or requiring the institution of criminal
proceedings.
(2) Law enforcement officers or other persons or
agencies shall transmit to the Department of State
Police copies of fingerprints and descriptions of all
minors who have been arrested or taken into custody
before their 17th birthday for the offense of unlawful
use of weapons under Article 24 of the Criminal Code of
1961, a Class X or Class 1 felony, a forcible felony as
defined in Section 2-8 of the Criminal Code of 1961, or a
Class 2 or greater felony under the Cannabis Control Act,
the Illinois Controlled Substances Act, or Chapter 4 of
the Illinois Vehicle Code, pursuant to Section 5 of the
Criminal Identification Act. Information reported to the
Department pursuant to this Section may be maintained
with records that the Department files pursuant to
Section 2.1 of the Criminal Identification Act. Nothing
in this Act prohibits a law enforcement agency from
fingerprinting a minor taken into custody or arrested
before his or her 17th birthday for an offense other than
those listed in this paragraph (2).
(C) The records of law enforcement officers concerning
all minors under 17 years of age must be maintained separate
from the records of arrests and may not be open to public
inspection or their contents disclosed to the public except
by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-4 or required
under Section 5-4 or such a person has been convicted of a
crime and is the subject of pre-sentence investigation or
proceedings on an application for probation or when provided
by law.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for
the purpose of the identification or apprehension of any
person subject to the provisions of this Act or for the
investigation or prosecution of any crime.
(E) Law enforcement officers may not disclose the
identity of any minor in releasing information to the general
public as to the arrest, investigation or disposition of any
case involving a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 17 years of age if there are
reasonable grounds to believe that the person poses a real
and present danger to the safety of the public or law
enforcement officers. The information provided under this
subsection (F) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit 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 or correctional institution from obtaining and
examining the records of any law enforcement agency relating
to any record of the applicant having been arrested or taken
into custody before the applicant's 17th birthday.
(Source: P.A. 88-45; 88-467; 88-679, eff. 7-1-95; 89-221,
eff. 8-4-95; 89-362, eff. 8-18-95; 89-626, eff. 8-9-96.)
(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, 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 under
Section 5-4 or required under Section 5-4; or
(b) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 and a minor is the subject of a
proceeding to determine the amount of bail; or
(c) when criminal proceedings have been
permitted under Section 5-4 or required under
Section 5-4 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.
(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.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
(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, or (v) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(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, or (v) an offense under Section 401 of the
Illinois Controlled Substances 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 position as a
law enforcement agency or correctional institution officer 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. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
89-377, eff. 8-18-95; 89-626, eff. 8-9-96.)