State of Illinois
91st General Assembly
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Public Act 91-0368

HB0466 Enrolled                                LRB9100913WHpc

    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 5-805 5-4; or
              (b)  when  institution  of criminal proceedings
         has been permitted under  Section  5-4  or  required
         under  Section  5-805  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 5-805 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  5-805
    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  5-805 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, or fire department  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. 89-221,  eff.  8-4-95;  89-362,  eff.  8-18-95;
89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)

    (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 under
         Section 5-4 or required under Section 5-805 5-4; or
              (b)  when  criminal   proceedings   have   been
         permitted   under  Section  5-4  or  required  under
         Section 5-805 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  5-805  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 law enforcement
agency,  or  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.  89-198,  eff.  7-21-95;  89-235,  eff. 8-4-95;
89-377,  eff.  8-18-95;  89-626,  eff.  8-9-96;  90-28,  eff.
1-1-98; 90-87, eff. 9-1-97; 90-127, eff. 1-1-98; 90-655, eff.
7-30-98; revised 8-26-98.)

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