State of Illinois
91st General Assembly
Legislation

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91_HB0466

 
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 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.
 
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 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 5-805 5-4; or
 5                  (b)  when  institution  of criminal proceedings
 6             has been permitted under  Section  5-4  or  required
 7             under  Section  5-805  5-4  and  such  minor  is the
 8             subject of a proceeding to determine the  amount  of
 9             bail; or
10                  (c)  when   criminal   proceedings   have  been
11             permitted  under  Section  5-4  or  required   under
12             Section 5-805 5-4 and such minor is the subject of a
13             pre-trial investigation, pre-sentence investigation,
14             fitness  hearing,  or  proceedings on an application
15             for probation.
16             (4)  Adult and Juvenile Prisoner Review Board.
17             (5)  Authorized military personnel.
18             (6)  Persons engaged in bona fide research, with the
19        permission of the Presiding Judge of the  Juvenile  Court
20        and the chief executive of the respective law enforcement
21        agency;   provided  that  publication  of  such  research
22        results in  no  disclosure  of  a  minor's  identity  and
23        protects the confidentiality of the minor's record.
24             (7)  Department  of  Children  and  Family  Services
25        child  protection  investigators acting in their official
26        capacity.
27             (8)  The appropriate  school  official.   Inspection
28        and  copying  shall be limited to law enforcement records
29        transmitted to the appropriate school official by a local
30        law  enforcement  agency  under  a  reciprocal  reporting
31        system established  and  maintained  between  the  school
32        district  and  the  local  law  enforcement  agency under
33        Section 10-20.14 of the School Code  concerning  a  minor
34        enrolled  in  a school within the school district who has
 
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 1        been arrested or  taken  into  custody  for  any  of  the
 2        following offenses:
 3                  (i)  unlawful use of weapons under Section 24-1
 4             of the Criminal Code of 1961;
 5                  (ii)  a  violation  of  the Illinois Controlled
 6             Substances Act;
 7                  (iii)  a violation of the Cannabis Control Act;
 8             or
 9                  (iv)  a forcible felony as defined  in  Section
10             2-8 of the Criminal Code of 1961.
11        (B) (1)  Except  as  provided  in  paragraph  (2), no law
12        enforcement  officer  or  other  person  or  agency   may
13        knowingly  transmit  to  the  Department  of Corrections,
14        Adult Division or the Department of State  Police  or  to
15        the  Federal  Bureau  of Investigation any fingerprint or
16        photograph relating to a minor who has been  arrested  or
17        taken  into  custody  before  his  or  her 17th birthday,
18        unless the court in proceedings under this Act authorizes
19        the transmission or enters an order under  Section  5-805
20        5-4  permitting  or requiring the institution of criminal
21        proceedings.
22             (2)  Law enforcement officers or  other  persons  or
23        agencies  shall   transmit  to  the  Department  of State
24        Police copies of fingerprints  and  descriptions  of  all
25        minors  who  have  been  arrested  or  taken into custody
26        before their 17th birthday for the  offense  of  unlawful
27        use  of  weapons under Article 24 of the Criminal Code of
28        1961, a Class X or Class 1 felony, a forcible  felony  as
29        defined in Section 2-8 of the Criminal Code of 1961, or a
30        Class 2 or greater felony under the Cannabis Control Act,
31        the  Illinois  Controlled Substances Act, or Chapter 4 of
32        the Illinois Vehicle Code, pursuant to Section 5  of  the
33        Criminal Identification Act.  Information reported to the
34        Department  pursuant  to  this  Section may be maintained
 
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 1        with  records  that  the  Department  files  pursuant  to
 2        Section 2.1 of the Criminal Identification Act.   Nothing
 3        in  this  Act  prohibits  a  law  enforcement agency from
 4        fingerprinting a minor taken  into  custody  or  arrested
 5        before his or her 17th birthday for an offense other than
 6        those listed in this paragraph (2).
 7        (C)  The  records  of law enforcement officers concerning
 8    all minors under 17 years of age must be maintained  separate
 9    from  the  records  of  arrests and may not be open to public
10    inspection or their contents disclosed to the  public  except
11    by  order  of  the  court or when the institution of criminal
12    proceedings has been permitted under Section 5-4 or  required
13    under  Section  5-805 5-4 or such a person has been convicted
14    of a crime and is the subject of  pre-sentence  investigation
15    or  proceedings  on  an  application  for  probation  or when
16    provided by law.
17        (D)  Nothing contained in subsection (C) of this  Section
18    shall  prohibit  the  inspection or disclosure to victims and
19    witnesses of photographs contained  in  the  records  of  law
20    enforcement  agencies  when  the inspection and disclosure is
21    conducted in the presence of a law  enforcement  officer  for
22    the  purpose  of  the  identification  or apprehension of any
23    person subject to the provisions  of  this  Act  or  for  the
24    investigation or prosecution of any crime.
25        (E)  Law   enforcement  officers  may  not  disclose  the
26    identity of any minor in releasing information to the general
27    public as to the arrest, investigation or disposition of  any
28    case involving a minor.
29        (F)  Nothing contained in this Section shall prohibit law
30    enforcement  agencies  from  communicating with each other by
31    letter, memorandum, teletype or intelligence  alert  bulletin
32    or  other  means  the  identity or other relevant information
33    pertaining to a person under 17 years of  age  if  there  are
34    reasonable  grounds  to  believe that the person poses a real
 
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 1    and present danger  to  the  safety  of  the  public  or  law
 2    enforcement  officers.  The  information  provided under this
 3    subsection (F) shall remain confidential  and  shall  not  be
 4    publicly disclosed, except as otherwise allowed by law.
 5        (G)  Nothing  in this Section shall prohibit the right of
 6    a Civil Service Commission or  appointing  authority  of  any
 7    state,  county  or  municipality  examining the character and
 8    fitness of an applicant for employment with a law enforcement
 9    agency, or correctional institution, or fire department  from
10    obtaining  and  examining  the records of any law enforcement
11    agency relating to any record of the  applicant  having  been
12    arrested  or  taken  into custody before the applicant's 17th
13    birthday.
14    (Source: P.A. 89-221,  eff.  8-4-95;  89-362,  eff.  8-18-95;
15    89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)

16        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
17        Sec.  1-8.  Confidentiality and accessibility of juvenile
18    court records.
19        (A)  Inspection and copying  of  juvenile  court  records
20    relating  to a minor who is the subject of a proceeding under
21    this Act shall be restricted to the following:
22             (1)  The minor who is the  subject  of  record,  his
23        parents, guardian and counsel.
24             (2)  Law  enforcement  officers  and law enforcement
25        agencies when such information is essential to  executing
26        an  arrest or search warrant or other compulsory process,
27        or to conducting an ongoing investigation or relating  to
28        a minor who has been adjudicated delinquent and there has
29        been  a  previous  finding that the act which constitutes
30        the previous offense  was  committed  in  furtherance  of
31        criminal activities by a criminal street gang.
32             Before  July  1,  1994,  for  the  purposes  of this
33        Section,  "criminal  street  gang"  means   any   ongoing
 
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 1        organization, association, or group of 3 or more persons,
 2        whether  formal or informal, having as one of its primary
 3        activities the commission of one or  more  criminal  acts
 4        and  that  has  a common name or common identifying sign,
 5        symbol or specific color  apparel  displayed,  and  whose
 6        members  individually  or  collectively engage in or have
 7        engaged in a pattern of criminal activity.
 8             Beginning  July  1,  1994,  for  purposes  of   this
 9        Section,  "criminal street gang" has the meaning ascribed
10        to it in Section 10 of the Illinois Streetgang  Terrorism
11        Omnibus Prevention Act.
12             (3)  Judges,    hearing    officers,    prosecutors,
13        probation  officers,  social workers or other individuals
14        assigned by the court to conduct  a  pre-adjudication  or
15        predisposition investigation, and individuals responsible
16        for  supervising or providing temporary or permanent care
17        and custody for minors  pursuant  to  the  order  of  the
18        juvenile   court   when  essential  to  performing  their
19        responsibilities.
20             (4)  Judges, prosecutors and probation officers:
21                  (a)  in the course of a trial when  institution
22             of  criminal  proceedings  has  been permitted under
23             Section 5-4 or required under Section 5-805 5-4; or
24                  (b)  when  criminal   proceedings   have   been
25             permitted   under  Section  5-4  or  required  under
26             Section 5-805 5-4 and a minor is the  subject  of  a
27             proceeding to determine the amount of bail; or
28                  (c)  when   criminal   proceedings   have  been
29             permitted  under  Section  5-4  or  required   under
30             Section  5-805  5-4  and a minor is the subject of a
31             pre-trial investigation, pre-sentence  investigation
32             or fitness hearing, or proceedings on an application
33             for probation; or
34                  (d)  when  a  minor  becomes 17 years of age or
 
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 1             older, and is the subject of  criminal  proceedings,
 2             including a hearing to determine the amount of bail,
 3             a    pre-trial    investigation,    a   pre-sentence
 4             investigation, a fitness hearing, or proceedings  on
 5             an application for probation.
 6             (5)  Adult and Juvenile Prisoner Review Boards.
 7             (6)  Authorized military personnel.
 8             (7)  Victims,     their    subrogees    and    legal
 9        representatives; however, such persons shall have  access
10        only to the name and address of the minor and information
11        pertaining  to  the disposition or alternative adjustment
12        plan of the juvenile court.
13             (8)  Persons engaged in bona fide research, with the
14        permission of the presiding judge of the  juvenile  court
15        and  the  chief executive of the agency that prepared the
16        particular records; provided  that  publication  of  such
17        research  results  in no disclosure of a minor's identity
18        and protects the confidentiality of the record.
19             (9)  The Secretary of State to whom the Clerk of the
20        Court shall report  the  disposition  of  all  cases,  as
21        required  in  Section 6-204 of the Illinois Vehicle Code.
22        However, information reported relative to these  offenses
23        shall  be  privileged and available only to the Secretary
24        of State, courts, and police officers.
25             (10)  The  administrator  of  a  bonafide  substance
26        abuse student assistance program with the  permission  of
27        the presiding judge of the juvenile court.
28        (B)  A  minor  who is the victim in a juvenile proceeding
29    shall  be  provided  the   same   confidentiality   regarding
30    disclosure  of  identity  as  the minor who is the subject of
31    record.
32        (C)  Except as otherwise provided in this subsection (C),
33    juvenile court records shall not be  made  available  to  the
34    general  public  but  may  be inspected by representatives of
 
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 1    agencies, associations  and  news  media  or  other  properly
 2    interested  persons by general or special order of the court.
 3    The State's Attorney, the minor, his  parents,  guardian  and
 4    counsel  shall  at  all times have the right to examine court
 5    files and records.
 6             (1)  The court shall allow  the  general  public  to
 7        have  access to the name, address, and offense of a minor
 8        who is adjudicated a  delinquent  minor  under  this  Act
 9        under either of the following circumstances:
10                  (A)  The  adjudication of delinquency was based
11             upon the minor's commission of first degree  murder,
12             attempt  to  commit  first degree murder, aggravated
13             criminal sexual assault, or criminal sexual assault;
14             or
15                  (B)  The court has  made  a  finding  that  the
16             minor  was  at least 13 years of age at the time the
17             act  was   committed   and   the   adjudication   of
18             delinquency  was  based  upon the minor's commission
19             of: (i) an act in furtherance of the commission of a
20             felony as a member of or on  behalf  of  a  criminal
21             street  gang,  (ii)  an  act  involving the use of a
22             firearm in the commission of a felony, (iii) an  act
23             that  would be a Class X felony offense under or the
24             minor's second or  subsequent  Class  2  or  greater
25             felony  offense  under  the  Cannabis Control Act if
26             committed by an adult, (iv) an act that would  be  a
27             second  or  subsequent  offense under Section 402 of
28             the Illinois Controlled Substances Act if  committed
29             by  an adult, or (v) an act that would be an offense
30             under  Section  401  of  the   Illinois   Controlled
31             Substances Act if committed by an adult.
32             (2)  The  court  shall  allow  the general public to
33        have access to the name, address, and offense of a  minor
34        who  is  at least 13 years of age at the time the offense
 
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 1        is  committed  and  who   is   convicted,   in   criminal
 2        proceedings  permitted  or  required  under  Section 5-4,
 3        under either of the following circumstances:
 4                  (A)  The minor  has  been  convicted  of  first
 5             degree   murder,  attempt  to  commit  first  degree
 6             murder,  aggravated  criminal  sexual  assault,   or
 7             criminal sexual assault,
 8                  (B)  The  court  has  made  a  finding that the
 9             minor was at least 13 years of age at the  time  the
10             offense  was  committed and the conviction was based
11             upon the minor's commission of: (i)  an  offense  in
12             furtherance  of  the  commission  of  a  felony as a
13             member of or on behalf of a  criminal  street  gang,
14             (ii)  an  offense  involving the use of a firearm in
15             the commission of a felony, (iii) a Class  X  felony
16             offense  under  or a second or subsequent Class 2 or
17             greater felony offense under  the  Cannabis  Control
18             Act,  (iv)  a  second  or  subsequent  offense under
19             Section 402 of the  Illinois  Controlled  Substances
20             Act,  or  (v)  an  offense  under Section 401 of the
21             Illinois Controlled Substances Act.
22        (D)  Pending or following any adjudication of delinquency
23    for any offense defined in Sections 12-13  through  12-16  of
24    the  Criminal  Code  of  1961, the victim of any such offense
25    shall receive the rights set out in Sections 4 and 6  of  the
26    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
27    Act; and the juvenile who is the subject of the adjudication,
28    notwithstanding any other provision of  this  Act,  shall  be
29    treated  as an adult for the purpose of affording such rights
30    to the victim.
31        (E)  Nothing in this Section shall affect the right of  a
32    Civil  Service  Commission  or  appointing  authority  of any
33    state, county or municipality  examining  the  character  and
34    fitness of an applicant for employment with a law enforcement
 
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 1    agency,  or  correctional  institution, or fire department to
 2    ascertain whether that applicant was ever adjudicated to be a
 3    delinquent minor and,  if  so,  to  examine  the  records  of
 4    disposition  or evidence which were made in proceedings under
 5    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.  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;  90-28,  eff.
 8    1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
 9    7-30-98; revised 8-26-98.)

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