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91_HB0466eng HB0466 Engrossed LRB9100913WHpc 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. HB0466 Engrossed -2- LRB9100913WHpc 1 (3) Prosecutors and probation officers: 2 (a) in the course of a trial when institution 3 of criminal proceedings has been permittedunder4Section 5-4or required under Section 5-8055-4; or 5 (b) when institution of criminal proceedings 6 has been permittedunder Section 5-4or required 7 under Section 5-8055-4and 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 permittedunder Section 5-4or required under 12 Section 5-8055-4and 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 HB0466 Engrossed -3- LRB9100913WHpc 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 5-805 205-4permitting 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 HB0466 Engrossed -4- LRB9100913WHpc 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 permittedunder Section 5-4or required 13 under Section 5-8055-4or 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 HB0466 Engrossed -5- LRB9100913WHpc 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,orcorrectional 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 HB0466 Engrossed -6- LRB9100913WHpc 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 permittedunder23Section 5-4or required under Section 5-8055-4; or 24 (b) when criminal proceedings have been 25 permittedunder Section 5-4or required under 26 Section 5-8055-4and a minor is the subject of a 27 proceeding to determine the amount of bail; or 28 (c) when criminal proceedings have been 29 permittedunder Section 5-4or required under 30 Section 5-8055-4and 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 HB0466 Engrossed -7- LRB9100913WHpc 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 HB0466 Engrossed -8- LRB9100913WHpc 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 HB0466 Engrossed -9- LRB9100913WHpc 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 HB0466 Engrossed -10- LRB9100913WHpc 1 agency,orcorrectional 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 HB0466 Engrossed -11- LRB9100913WHpc 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.)