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91_SB1532
LRB9112770RCpk
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-905.
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 Section 5-905 as follows:
7 (705 ILCS 405/5-905)
8 Sec. 5-905. Law enforcement records.
9 (1) Law Enforcement Records. Inspection and copying of
10 law enforcement records maintained by law enforcement
11 agencies that relate to a minor who has been arrested or
12 taken into custody before his or her 17th birthday shall be
13 restricted to the following and when necessary for the
14 discharge of their official duties:
15 (a) A judge of the circuit court and members of the
16 staff of the court designated by the judge;
17 (b) Law enforcement officers, probation officers or
18 prosecutors or their staff;
19 (c) The minor, the minor's parents or legal
20 guardian and their attorneys, but only when the juvenile
21 has been charged with an offense;
22 (d) Adult and Juvenile Prisoner Review Boards;
23 (e) Authorized military personnel;
24 (f) Persons engaged in bona fide research, with the
25 permission of the judge of juvenile court and the chief
26 executive of the agency that prepared the particular
27 recording: provided that publication of such research
28 results in no disclosure of a minor's identity and
29 protects the confidentiality of the record;
30 (g) Individuals responsible for supervising or
31 providing temporary or permanent care and custody of
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1 minors pursuant to orders of the juvenile court or
2 directives from officials of the Department of Children
3 and Family Services or the Department of Human Services
4 who certify in writing that the information will not be
5 disclosed to any other party except as provided under law
6 or order of court;
7 (h) The appropriate school official. Inspection
8 and copying shall be limited to law enforcement records
9 transmitted to the appropriate school official by a local
10 law enforcement agency under a reciprocal reporting
11 system established and maintained between the school
12 district and the local law enforcement agency under
13 Section 10-20.14 of the School Code concerning a minor
14 enrolled in a school within the school district who has
15 been arrested for any offense classified as a felony or a
16 Class A or B misdemeanor.
17 (2) Information identifying victims and alleged victims
18 of sex offenses, shall not be disclosed or open to public
19 inspection under any circumstances. Nothing in this Section
20 shall prohibit the victim or alleged victim of any sex
21 offense from voluntarily disclosing his or her identity.
22 (3) Relevant information, reports and records shall be
23 made available to the Department of Corrections when a
24 juvenile offender has been placed in the custody of the
25 Department of Corrections, Juvenile Division.
26 (4) Nothing in this Section shall prohibit the
27 inspection or disclosure to victims and witnesses of
28 photographs contained in the records of law enforcement
29 agencies when the inspection or disclosure is conducted in
30 the presence of a law enforcement officer for purposes of
31 identification or apprehension of any person in the course of
32 any criminal investigation or prosecution.
33 (5) The records of law enforcement officers concerning
34 all minors under 17 years of age must be maintained separate
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1 from the records of adults and may not be open to public
2 inspection or their contents disclosed to the public except
3 by order of the court or when the institution of criminal
4 proceedings has been permitted under Section 5-130 or 5-805
5 or required under Section 5-130 or 5-805 or such a person has
6 been convicted of a crime and is the subject of pre-sentence
7 investigation or when provided by law.
8 (6) Except as otherwise provided in this subsection (6),
9 Law enforcement officers may not disclose the identity of any
10 minor in releasing information to the general public as to
11 the arrest, investigation or disposition of any case
12 involving a minor. Upon written request, law enforcement
13 officers may release the name and address of a minor who has
14 been arrested for a criminal offense to the victim, or if the
15 victim is a minor, to the victim's legal custodian, guardian,
16 or parent. The law enforcement officer may release the
17 information only if he or she reasonably believes the release
18 would not endanger the person or property of the arrested
19 minor or his or her family. Any victim or parent or legal
20 guardian of a victim may petition the court to disclose the
21 name and address of the minor and the minor's parents or
22 legal guardian, or both. Upon a finding by clear and
23 convincing evidence that the disclosure is either necessary
24 for the victim to pursue a civil remedy against the minor or
25 the minor's parents or legal guardian, or both, or to protect
26 the victim's person or property from the minor, then the
27 court may order the disclosure of the information to the
28 victim or to the parent or legal guardian of the victim only
29 for the purpose of the victim pursuing a civil remedy against
30 the minor or the minor's parents or legal guardian, or both,
31 or to protect the victim's person or property from the minor.
32 (7) Nothing contained in this Section shall prohibit law
33 enforcement agencies when acting in their official capacity
34 from communicating with each other by letter, memorandum,
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1 teletype or intelligence alert bulletin or other means the
2 identity or other relevant information pertaining to a person
3 under 17 years of age. The information provided under this
4 subsection (7) shall remain confidential and shall not be
5 publicly disclosed, except as otherwise allowed by law.
6 (8) No person shall disclose information under this
7 Section except when acting in his or her official capacity
8 and as provided by law or order of court.
9 (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.