101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3976

 

Introduced 1/8/2020, by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-7  from Ch. 37, par. 801-7

    Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes.


LRB101 15238 RLC 64408 b

 

 

A BILL FOR

 

HB3976LRB101 15238 RLC 64408 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 1-7 as follows:
 
6    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
7    Sec. 1-7. Confidentiality of juvenile law enforcement and
8municipal ordinance violation records.
9    (A) All juvenile law enforcement records which have not
10been expunged are confidential and may never be disclosed to
11the general public or otherwise made widely available. Juvenile
12law enforcement records may be obtained only under this Section
13and Section 1-8 and Part 9 of Article V of this Act, when their
14use is needed for good cause and with an order from the
15juvenile court, as required by those not authorized to retain
16them. Inspection, copying, and disclosure of juvenile law
17enforcement records maintained by law enforcement agencies or
18records of municipal ordinance violations maintained by any
19State, local, or municipal agency that relate to a minor who
20has been investigated, arrested, or taken into custody before
21his or her 18th birthday shall be restricted to the following:
22        (0.05) The minor who is the subject of the juvenile law
23    enforcement record, his or her parents, guardian, and

 

 

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1    counsel.
2        (0.10) Judges of the circuit court and members of the
3    staff of the court designated by the judge.
4        (0.15) An administrative adjudication hearing officer
5    or members of the staff designated to assist in the
6    administrative adjudication process.
7        (1) Any local, State, or federal law enforcement
8    officers or designated law enforcement staff of any
9    jurisdiction or agency when necessary for the discharge of
10    their official duties during the investigation or
11    prosecution of a crime or relating to a minor who has been
12    adjudicated delinquent and there has been a previous
13    finding that the act which constitutes the previous offense
14    was committed in furtherance of criminal activities by a
15    criminal street gang, or, when necessary for the discharge
16    of its official duties in connection with a particular
17    investigation of the conduct of a law enforcement officer,
18    an independent agency or its staff created by ordinance and
19    charged by a unit of local government with the duty of
20    investigating the conduct of law enforcement officers. 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, public defenders, probation officers,
25    social workers, or other individuals assigned by the court
26    to conduct a pre-adjudication or pre-disposition

 

 

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1    investigation, and individuals responsible for supervising
2    or providing temporary or permanent care and custody for
3    minors under the order of the juvenile court, when
4    essential to performing their responsibilities.
5        (3) Federal, State, or local prosecutors, public
6    defenders, probation officers, and designated staff:
7            (a) in the course of a trial when institution of
8        criminal proceedings has been permitted or required
9        under Section 5-805;
10            (b) when institution of criminal proceedings has
11        been permitted or required under Section 5-805 and the
12        minor is the subject of a proceeding to determine the
13        amount of bail;
14            (c) when criminal proceedings have been permitted
15        or required under Section 5-805 and the minor is the
16        subject of a pre-trial investigation, pre-sentence
17        investigation, fitness hearing, or proceedings on an
18        application for probation; or
19            (d) in the course of prosecution or administrative
20        adjudication of a violation of a traffic, boating, or
21        fish and game law, or a county or municipal ordinance.
22        (4) Adult and Juvenile Prisoner Review Board.
23        (5) Authorized military personnel.
24        (5.5) Employees of the federal government authorized
25    by law.
26        (6) Persons engaged in bona fide research, with the

 

 

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1    permission of the Presiding Judge and the chief executive
2    of the respective law enforcement agency; provided that
3    publication of such research results in no disclosure of a
4    minor's identity and protects the confidentiality of the
5    minor's record.
6        (7) Department of Children and Family Services child
7    protection investigators acting in their official
8    capacity.
9        (8) The appropriate school official only if the agency
10    or officer believes that there is an imminent threat of
11    physical harm to students, school personnel, or others who
12    are present in the school or on school grounds.
13            (A) Inspection and copying shall be limited to
14        juvenile law enforcement records transmitted to the
15        appropriate school official or officials whom the
16        school has determined to have a legitimate educational
17        or safety interest by a local law enforcement agency
18        under a reciprocal reporting system established and
19        maintained between the school district and the local
20        law enforcement agency under Section 10-20.14 of the
21        School Code concerning a minor enrolled in a school
22        within the school district who has been arrested or
23        taken into custody for any of the following offenses:
24                (i) any violation of Article 24 of the Criminal
25            Code of 1961 or the Criminal Code of 2012;
26                (ii) a violation of the Illinois Controlled

 

 

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1            Substances Act;
2                (iii) a violation of the Cannabis Control Act;
3                (iv) a forcible felony as defined in Section
4            2-8 of the Criminal Code of 1961 or the Criminal
5            Code of 2012;
6                (v) a violation of the Methamphetamine Control
7            and Community Protection Act;
8                (vi) a violation of Section 1-2 of the
9            Harassing and Obscene Communications Act;
10                (vii) a violation of the Hazing Act; or
11                (viii) a violation of Section 12-1, 12-2,
12            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
13            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
14            Criminal Code of 1961 or the Criminal Code of 2012.
15            The information derived from the juvenile law
16        enforcement records shall be kept separate from and
17        shall not become a part of the official school record
18        of that child and shall not be a public record. The
19        information shall be used solely by the appropriate
20        school official or officials whom the school has
21        determined to have a legitimate educational or safety
22        interest to aid in the proper rehabilitation of the
23        child and to protect the safety of students and
24        employees in the school. If the designated law
25        enforcement and school officials deem it to be in the
26        best interest of the minor, the student may be referred

 

 

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1        to in-school or community-based social services if
2        those services are available. "Rehabilitation
3        services" may include interventions by school support
4        personnel, evaluation for eligibility for special
5        education, referrals to community-based agencies such
6        as youth services, behavioral healthcare service
7        providers, drug and alcohol prevention or treatment
8        programs, and other interventions as deemed
9        appropriate for the student.
10            (B) Any information provided to appropriate school
11        officials whom the school has determined to have a
12        legitimate educational or safety interest by local law
13        enforcement officials about a minor who is the subject
14        of a current police investigation that is directly
15        related to school safety shall consist of oral
16        information only, and not written juvenile law
17        enforcement records, and shall be used solely by the
18        appropriate school official or officials to protect
19        the safety of students and employees in the school and
20        aid in the proper rehabilitation of the child. The
21        information derived orally from the local law
22        enforcement officials shall be kept separate from and
23        shall not become a part of the official school record
24        of the child and shall not be a public record. This
25        limitation on the use of information about a minor who
26        is the subject of a current police investigation shall

 

 

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1        in no way limit the use of this information by
2        prosecutors in pursuing criminal charges arising out
3        of the information disclosed during a police
4        investigation of the minor. For purposes of this
5        paragraph, "investigation" means an official
6        systematic inquiry by a law enforcement agency into
7        actual or suspected criminal activity.
8        (9) Mental health professionals on behalf of the
9    Department of Corrections or the Department of Human
10    Services or prosecutors who are evaluating, prosecuting,
11    or investigating a potential or actual petition brought
12    under the Sexually Violent Persons Commitment Act relating
13    to a person who is the subject of juvenile law enforcement
14    records or the respondent to a petition brought under the
15    Sexually Violent Persons Commitment Act who is the subject
16    of the juvenile law enforcement records sought. Any
17    juvenile law enforcement records and any information
18    obtained from those juvenile law enforcement records under
19    this paragraph (9) may be used only in sexually violent
20    persons commitment proceedings.
21        (10) The president of a park district. Inspection and
22    copying shall be limited to juvenile law enforcement
23    records transmitted to the president of the park district
24    by the Department of State Police under Section 8-23 of the
25    Park District Code or Section 16a-5 of the Chicago Park
26    District Act concerning a person who is seeking employment

 

 

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1    with that park district and who has been adjudicated a
2    juvenile delinquent for any of the offenses listed in
3    subsection (c) of Section 8-23 of the Park District Code or
4    subsection (c) of Section 16a-5 of the Chicago Park
5    District Act.
6        (11) Persons managing and designated to participate in
7    a court diversion program as designated in subsection (6)
8    of Section 5-105.
9        (12) The Public Access Counselor of the Office of the
10    Attorney General, when reviewing juvenile law enforcement
11    records under its powers and duties under the Freedom of
12    Information Act.
13        (13) Collection agencies, contracted or otherwise
14    engaged by a governmental entity, to collect any debts due
15    and owing to the governmental entity.
16        (14) The victim or alleged victim named in a law
17    enforcement record upon request by the victim, in writing,
18    to the law enforcement agency for the name of the minor who
19    is the alleged offender named in the law enforcement
20    record, unless the law enforcement agency determines that
21    the release of the information would impede the criminal
22    investigation of the case described in the law enforcement
23    record. Upon receipt of the written request, the law
24    enforcement agency shall provide the identity of the
25    offender or alleged offender to the victim within 30 days
26    after receipt of the request. The victim or alleged victim

 

 

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1    named in the law enforcement record, before receiving the
2    information, shall sign an affidavit provided by the law
3    enforcement agency stating that he or she will not disclose
4    the information contained in the law enforcement record to
5    the public, but the victim may use the information for
6    civil litigation purposes. The identity of the offender or
7    alleged offender may not be publicly disclosed by the
8    victim or alleged victim, except for civil litigation
9    purposes.
10    (B)(1) Except as provided in paragraph (2), no law
11enforcement officer or other person or agency may knowingly
12transmit to the Department of Corrections, Department of State
13Police, or to the Federal Bureau of Investigation any
14fingerprint or photograph relating to a minor who has been
15arrested or taken into custody before his or her 18th birthday,
16unless the court in proceedings under this Act authorizes the
17transmission or enters an order under Section 5-805 permitting
18or requiring the institution of criminal proceedings.
19    (2) Law enforcement officers or other persons or agencies
20shall transmit to the Department of State Police copies of
21fingerprints and descriptions of all minors who have been
22arrested or taken into custody before their 18th birthday for
23the offense of unlawful use of weapons under Article 24 of the
24Criminal Code of 1961 or the Criminal Code of 2012, a Class X
25or Class 1 felony, a forcible felony as defined in Section 2-8
26of the Criminal Code of 1961 or the Criminal Code of 2012, or a

 

 

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1Class 2 or greater felony under the Cannabis Control Act, the
2Illinois Controlled Substances Act, the Methamphetamine
3Control and Community Protection Act, or Chapter 4 of the
4Illinois Vehicle Code, pursuant to Section 5 of the Criminal
5Identification Act. Information reported to the Department
6pursuant to this Section may be maintained with records that
7the Department files pursuant to Section 2.1 of the Criminal
8Identification Act. Nothing in this Act prohibits a law
9enforcement agency from fingerprinting a minor taken into
10custody or arrested before his or her 18th birthday for an
11offense other than those listed in this paragraph (2).
12    (C) The records of law enforcement officers, or of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, concerning all minors under 18
16years of age must be maintained separate from the records of
17arrests and may not be open to public inspection or their
18contents disclosed to the public. For purposes of obtaining
19documents under this Section, a civil subpoena is not an order
20of the court.
21        (1) In cases where the law enforcement, or independent
22    agency, records concern a pending juvenile court case, the
23    party seeking to inspect the records shall provide actual
24    notice to the attorney or guardian ad litem of the minor
25    whose records are sought.
26        (2) In cases where the records concern a juvenile court

 

 

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1    case that is no longer pending, the party seeking to
2    inspect the records shall provide actual notice to the
3    minor or the minor's parent or legal guardian, and the
4    matter shall be referred to the chief judge presiding over
5    matters pursuant to this Act.
6        (3) In determining whether the records should be
7    available for inspection, the court shall consider the
8    minor's interest in confidentiality and rehabilitation
9    over the moving party's interest in obtaining the
10    information. Any records obtained in violation of this
11    subsection (C) shall not be admissible in any criminal or
12    civil proceeding, or operate to disqualify a minor from
13    subsequently holding public office or securing employment,
14    or operate as a forfeiture of any public benefit, right,
15    privilege, or right to receive any license granted by
16    public authority.
17    (D) Nothing contained in subsection (C) of this Section
18shall prohibit the inspection or disclosure to victims and
19witnesses of photographs contained in the records of law
20enforcement agencies when the inspection and disclosure is
21conducted in the presence of a law enforcement officer for the
22purpose of the identification or apprehension of any person
23subject to the provisions of this Act or for the investigation
24or prosecution of any crime.
25    (E) Law enforcement officers, and personnel of an
26independent agency created by ordinance and charged by a unit

 

 

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1of local government with the duty of investigating the conduct
2of law enforcement officers, may not disclose the identity of
3any minor in releasing information to the general public as to
4the arrest, investigation or disposition of any case involving
5a minor.
6    (F) Nothing contained in this Section shall prohibit law
7enforcement agencies from communicating with each other by
8letter, memorandum, teletype, or intelligence alert bulletin
9or other means the identity or other relevant information
10pertaining to a person under 18 years of age if there are
11reasonable grounds to believe that the person poses a real and
12present danger to the safety of the public or law enforcement
13officers. The information provided under this subsection (F)
14shall remain confidential and shall not be publicly disclosed,
15except as otherwise allowed by law.
16    (G) Nothing in this Section shall prohibit the right of a
17Civil Service Commission or appointing authority of any federal
18government, state, county or municipality examining the
19character and fitness of an applicant for employment with a law
20enforcement agency, correctional institution, or fire
21department from obtaining and examining the records of any law
22enforcement agency relating to any record of the applicant
23having been arrested or taken into custody before the
24applicant's 18th birthday.
25    (G-5) Information identifying victims and alleged victims
26of sex offenses shall not be disclosed or open to the public

 

 

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1under any circumstances. Nothing in this Section shall prohibit
2the victim or alleged victim of any sex offense from
3voluntarily disclosing his or her own identity.
4    (H) The changes made to this Section by Public Act 98-61
5apply to law enforcement records of a minor who has been
6arrested or taken into custody on or after January 1, 2014 (the
7effective date of Public Act 98-61).
8    (H-5) Nothing in this Section shall require any court or
9adjudicative proceeding for traffic, boating, fish and game
10law, or municipal and county ordinance violations to be closed
11to the public.
12    (I) Willful violation of this Section is a Class C
13misdemeanor and each violation is subject to a fine of $1,000.
14This subsection (I) shall not apply to the person who is the
15subject of the record.
16    (J) A person convicted of violating this Section is liable
17for damages in the amount of $1,000 or actual damages,
18whichever is greater.
19(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
20100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
2112-20-18.)