102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3023

 

Introduced 2/19/2021, 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.


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A BILL FOR

 

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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.
12Juvenile law enforcement records may be obtained only under
13this Section and Section 1-8 and Part 9 of Article V of this
14Act, when their use is needed for good cause and with an order
15from the juvenile court, as required by those not authorized
16to retain them. Inspection, copying, and disclosure of
17juvenile law enforcement records maintained by law enforcement
18agencies or records of municipal ordinance violations
19maintained by any State, local, or municipal agency that
20relate to a minor who has been investigated, arrested, or
21taken into custody before his or her 18th birthday shall be
22restricted to the following:
23        (0.05) The minor who is the subject of the juvenile

 

 

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1    law enforcement record, his or her parents, guardian, and
2    counsel.
3        (0.10) Judges of the circuit court and members of the
4    staff of the court designated by the judge.
5        (0.15) An administrative adjudication hearing officer
6    or members of the staff designated to assist in the
7    administrative adjudication process.
8        (1) Any local, State, or federal law enforcement
9    officers or designated law enforcement staff of any
10    jurisdiction or agency when necessary for the discharge of
11    their official duties during the investigation or
12    prosecution of a crime or relating to a minor who has been
13    adjudicated delinquent and there has been a previous
14    finding that the act which constitutes the previous
15    offense was committed in furtherance of criminal
16    activities by a criminal street gang, or, when necessary
17    for the discharge of its official duties in connection
18    with a particular investigation of the conduct of a law
19    enforcement officer, an independent agency or its staff
20    created by ordinance and charged by a unit of local
21    government with the duty of investigating the conduct of
22    law enforcement officers. For purposes of this Section,
23    "criminal street gang" has the meaning ascribed to it in
24    Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26        (2) Prosecutors, public defenders, probation officers,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        shall not become a part of the official school record
2        of the child and shall not be a public record. This
3        limitation on the use of information about a minor who
4        is the subject of a current police investigation shall
5        in no way limit the use of this information by
6        prosecutors in pursuing criminal charges arising out
7        of the information disclosed during a police
8        investigation of the minor. For purposes of this
9        paragraph, "investigation" means an official
10        systematic inquiry by a law enforcement agency into
11        actual or suspected criminal activity.
12        (9) Mental health professionals on behalf of the
13    Department of Corrections or the Department of Human
14    Services or prosecutors who are evaluating, prosecuting,
15    or investigating a potential or actual petition brought
16    under the Sexually Violent Persons Commitment Act relating
17    to a person who is the subject of juvenile law enforcement
18    records or the respondent to a petition brought under the
19    Sexually Violent Persons Commitment Act who is the subject
20    of the juvenile law enforcement records sought. Any
21    juvenile law enforcement records and any information
22    obtained from those juvenile law enforcement records under
23    this paragraph (9) may be used only in sexually violent
24    persons commitment proceedings.
25        (10) The president of a park district. Inspection and
26    copying shall be limited to juvenile law enforcement

 

 

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

 

 

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1    record. Upon receipt of the written request, the law
2    enforcement agency shall provide the identity of the
3    offender or alleged offender to the victim within 30 days
4    after receipt of the request. The victim or alleged victim
5    named in the law enforcement record, before receiving the
6    information, shall sign an affidavit provided by the law
7    enforcement agency stating that he or she will not
8    disclose the information contained in the law enforcement
9    record to the public, but the victim may use the
10    information for civil litigation purposes. The identity of
11    the offender or alleged offender may not be publicly
12    disclosed by the victim or alleged victim, except for
13    civil litigation purposes.
14    (B)(1) Except as provided in paragraph (2), no law
15enforcement officer or other person or agency may knowingly
16transmit to the Department of Corrections, Department of State
17Police, or to the Federal Bureau of Investigation any
18fingerprint or photograph relating to a minor who has been
19arrested or taken into custody before his or her 18th
20birthday, unless the court in proceedings under this Act
21authorizes the transmission or enters an order under Section
225-805 permitting or requiring the institution of criminal
23proceedings.
24    (2) Law enforcement officers or other persons or agencies
25shall transmit to the Department of State Police copies of
26fingerprints and descriptions of all minors who have been

 

 

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1arrested or taken into custody before their 18th birthday for
2the offense of unlawful use of weapons under Article 24 of the
3Criminal Code of 1961 or the Criminal Code of 2012, a Class X
4or Class 1 felony, a forcible felony as defined in Section 2-8
5of the Criminal Code of 1961 or the Criminal Code of 2012, or a
6Class 2 or greater felony under the Cannabis Control Act, the
7Illinois Controlled Substances Act, the Methamphetamine
8Control and Community Protection Act, or Chapter 4 of the
9Illinois Vehicle Code, pursuant to Section 5 of the Criminal
10Identification Act. Information reported to the Department
11pursuant to this Section may be maintained with records that
12the Department files pursuant to Section 2.1 of the Criminal
13Identification Act. Nothing in this Act prohibits a law
14enforcement agency from fingerprinting a minor taken into
15custody or arrested before his or her 18th birthday for an
16offense other than those listed in this paragraph (2).
17    (C) The records of law enforcement officers, or of an
18independent agency created by ordinance and charged by a unit
19of local government with the duty of investigating the conduct
20of law enforcement officers, concerning all minors under 18
21years of age must be maintained separate from the records of
22arrests and may not be open to public inspection or their
23contents disclosed to the public. For purposes of obtaining
24documents under this Section, a civil subpoena is not an order
25of the court.
26        (1) In cases where the law enforcement, or independent

 

 

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

 

 

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1purpose of the identification or apprehension of any person
2subject to the provisions of this Act or for the investigation
3or prosecution of any crime.
4    (E) Law enforcement officers, and personnel of an
5independent agency created by ordinance and charged by a unit
6of local government with the duty of investigating the conduct
7of law enforcement officers, may not disclose the identity of
8any minor in releasing information to the general public as to
9the arrest, investigation or disposition of any case involving
10a minor.
11    (F) Nothing contained in this Section shall prohibit law
12enforcement agencies from communicating with each other by
13letter, memorandum, teletype, or intelligence alert bulletin
14or other means the identity or other relevant information
15pertaining to a person under 18 years of age if there are
16reasonable grounds to believe that the person poses a real and
17present danger to the safety of the public or law enforcement
18officers. The information provided under this subsection (F)
19shall remain confidential and shall not be publicly disclosed,
20except as otherwise allowed by law.
21    (G) Nothing in this Section shall prohibit the right of a
22Civil Service Commission or appointing authority of any
23federal government, state, county or municipality examining
24the character and fitness of an applicant for employment with
25a law enforcement agency, correctional institution, or fire
26department from obtaining and examining the records of any law

 

 

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1enforcement agency relating to any record of the applicant
2having been arrested or taken into custody before the
3applicant's 18th birthday.
4    (G-5) Information identifying victims and alleged victims
5of sex offenses shall not be disclosed or open to the public
6under any circumstances. Nothing in this Section shall
7prohibit the victim or alleged victim of any sex offense from
8voluntarily disclosing his or her own identity.
9    (H) The changes made to this Section by Public Act 98-61
10apply to law enforcement records of a minor who has been
11arrested or taken into custody on or after January 1, 2014 (the
12effective date of Public Act 98-61).
13    (H-5) Nothing in this Section shall require any court or
14adjudicative proceeding for traffic, boating, fish and game
15law, or municipal and county ordinance violations to be closed
16to the public.
17    (I) Willful violation of this Section is a Class C
18misdemeanor and each violation is subject to a fine of $1,000.
19This subsection (I) shall not apply to the person who is the
20subject of the record.
21    (J) A person convicted of violating this Section is liable
22for damages in the amount of $1,000 or actual damages,
23whichever is greater.
24(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
25100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
2612-20-18.)