SB1552 EngrossedLRB102 12149 KMF 17486 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 1. Findings.
5    The General Assembly finds that an adequate continuum of
6care is necessary to better address the needs of juveniles
7within the court system.
8    The General Assembly finds that the unique partnership of
9State and local services is needed to provide the right
10placements, and the right services for justice-involved
12    The General Assembly finds that providing information to
13local probation departments in a timely manner will improve
14both services and outcomes for juveniles.
15    Therefore, the General Assembly recommends that
16information to assist juveniles needs to be available while at
17the same time maintaining its confidentiality.
18    Section 5. The Juvenile Court Act of 1987 is amended by
19changing Section 5-901 as follows:
20    (705 ILCS 405/5-901)
21    Sec. 5-901. Court file.
22    (1) The Court file with respect to proceedings under this



SB1552 Engrossed- 2 -LRB102 12149 KMF 17486 b

1Article shall consist of the petitions, pleadings, victim
2impact statements, process, service of process, orders, writs
3and docket entries reflecting hearings held and judgments and
4decrees entered by the court. The court file shall be kept
5separate from other records of the court.
6        (a) The file, including information identifying the
7    victim or alleged victim of any sex offense, shall be
8    disclosed only to the following parties when necessary for
9    discharge of their official duties:
10            (i) A judge of the circuit court and members of the
11        staff of the court designated by the judge;
12            (ii) Parties to the proceedings and their
13        attorneys;
14            (iii) Victims and their attorneys, except in cases
15        of multiple victims of sex offenses in which case the
16        information identifying the nonrequesting victims
17        shall be redacted;
18            (iv) Probation officers, law enforcement officers
19        or prosecutors or their staff;
20            (v) Adult and juvenile Prisoner Review Boards.
21        (b) The Court file redacted to remove any information
22    identifying the victim or alleged victim of any sex
23    offense shall be disclosed only to the following parties
24    when necessary for discharge of their official duties:
25            (i) Authorized military personnel;
26            (ii) Persons engaged in bona fide research, with



SB1552 Engrossed- 3 -LRB102 12149 KMF 17486 b

1        the permission of the judge of the juvenile court and
2        the chief executive of the agency that prepared the
3        particular recording: provided that publication of
4        such research results in no disclosure of a minor's
5        identity and protects the confidentiality of the
6        record;
7            (iii) The Secretary of State to whom the Clerk of
8        the Court shall report the disposition of all cases,
9        as required in Section 6-204 or Section 6-205.1 of the
10        Illinois Vehicle Code. However, information reported
11        relative to these offenses shall be privileged and
12        available only to the Secretary of State, courts, and
13        police officers;
14            (iv) The administrator of a bonafide substance
15        abuse student assistance program with the permission
16        of the presiding judge of the juvenile court;
17            (v) Any individual, or any public or private
18        agency or institution, having custody of the juvenile
19        under court order or providing educational, medical or
20        mental health services to the juvenile or a
21        court-approved advocate for the juvenile or any
22        placement provider or potential placement provider as
23        determined by the court.
24    (3) A minor who is the victim or alleged victim in a
25juvenile proceeding shall be provided the same confidentiality
26regarding disclosure of identity as the minor who is the



SB1552 Engrossed- 4 -LRB102 12149 KMF 17486 b

1subject of record. Information identifying victims and alleged
2victims of sex offenses, shall not be disclosed or open to
3public inspection under any circumstances. Nothing in this
4Section shall prohibit the victim or alleged victim of any sex
5offense from voluntarily disclosing his or her identity.
6    (4) Relevant information, reports and records shall be
7made available to the Department of Juvenile Justice when a
8juvenile offender has been placed in the custody of the
9Department of Juvenile Justice.
10    (4.5) Relevant information, reports and records, held by
11the Department of Juvenile Justice, including social
12investigation, psychological and medical records, of any
13juvenile offender, shall be made available to any county
14juvenile detention facility or any Illinois Probation
15Department, where the subject juvenile offender formerly was
16in the custody of the Department of Juvenile Justice, released
17to mandatory supervision, released to aftercare, or released
18to juvenile parole, and is subsequently ordered to be held in a
19county juvenile detention facility, or ordered to be
20supervised by a county or circuit Probation Department.
21    (5) Except as otherwise provided in this subsection (5),
22juvenile court records shall not be made available to the
23general public but may be inspected by representatives of
24agencies, associations and news media or other properly
25interested persons by general or special order of the court.
26The State's Attorney, the minor, his or her parents, guardian



SB1552 Engrossed- 5 -LRB102 12149 KMF 17486 b

1and counsel shall at all times have the right to examine court
2files and records.
3        (a) The court shall allow the general public to have
4    access to the name, address, and offense of a minor who is
5    adjudicated a delinquent minor under this Act under either
6    of the following circumstances:
7            (i) The adjudication of delinquency was based upon
8        the minor's commission of first degree murder, attempt
9        to commit first degree murder, aggravated criminal
10        sexual assault, or criminal sexual assault; or
11            (ii) The court has made a finding that the minor
12        was at least 13 years of age at the time the act was
13        committed and the adjudication of delinquency was
14        based upon the minor's commission of: (A) an act in
15        furtherance of the commission of a felony as a member
16        of or on behalf of a criminal street gang, (B) an act
17        involving the use of a firearm in the commission of a
18        felony, (C) an act that would be a Class X felony
19        offense under or the minor's second or subsequent
20        Class 2 or greater felony offense under the Cannabis
21        Control Act if committed by an adult, (D) an act that
22        would be a second or subsequent offense under Section
23        402 of the Illinois Controlled Substances Act if
24        committed by an adult, (E) an act that would be an
25        offense under Section 401 of the Illinois Controlled
26        Substances Act if committed by an adult, or (F) an act



SB1552 Engrossed- 6 -LRB102 12149 KMF 17486 b

1        that would be an offense under the Methamphetamine
2        Control and Community Protection Act if committed by
3        an adult.
4        (b) The court shall allow the general public to have
5    access to the name, address, and offense of a minor who is
6    at least 13 years of age at the time the offense is
7    committed and who is convicted, in criminal proceedings
8    permitted or required under Section 5-805, under either of
9    the following circumstances:
10            (i) The minor has been convicted of first degree
11        murder, attempt to commit first degree murder,
12        aggravated criminal sexual assault, or criminal sexual
13        assault,
14            (ii) The court has made a finding that the minor
15        was at least 13 years of age at the time the offense
16        was committed and the conviction was based upon the
17        minor's commission of: (A) an offense in furtherance
18        of the commission of a felony as a member of or on
19        behalf of a criminal street gang, (B) an offense
20        involving the use of a firearm in the commission of a
21        felony, (C) a Class X felony offense under the
22        Cannabis Control Act or a second or subsequent Class 2
23        or greater felony offense under the Cannabis Control
24        Act, (D) a second or subsequent offense under Section
25        402 of the Illinois Controlled Substances Act, (E) an
26        offense under Section 401 of the Illinois Controlled



SB1552 Engrossed- 7 -LRB102 12149 KMF 17486 b

1        Substances Act, or (F) an offense under the
2        Methamphetamine Control and Community Protection Act.
3    (6) Nothing in this Section shall be construed to limit
4the use of a adjudication of delinquency as evidence in any
5juvenile or criminal proceeding, where it would otherwise be
6admissible under the rules of evidence, including but not
7limited to, use as impeachment evidence against any witness,
8including the minor if he or she testifies.
9    (7) Nothing in this Section shall affect the right of a
10Civil Service Commission or appointing authority examining the
11character and fitness of an applicant for a position as a law
12enforcement officer to ascertain whether that applicant was
13ever adjudicated to be a delinquent minor and, if so, to
14examine the records or evidence which were made in proceedings
15under this Act.
16    (8) Following any adjudication of delinquency for a crime
17which would be a felony if committed by an adult, or following
18any adjudication of delinquency for a violation of Section
1924-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the State's Attorney shall ascertain
21whether the minor respondent is enrolled in school and, if so,
22shall provide a copy of the sentencing order to the principal
23or chief administrative officer of the school. Access to such
24juvenile records shall be limited to the principal or chief
25administrative officer of the school and any guidance
26counselor designated by him or her.



SB1552 Engrossed- 8 -LRB102 12149 KMF 17486 b

1    (9) Nothing contained in this Act prevents the sharing or
2disclosure of information or records relating or pertaining to
3juveniles subject to the provisions of the Serious Habitual
4Offender Comprehensive Action Program when that information is
5used to assist in the early identification and treatment of
6habitual juvenile offenders.
7    (11) The Clerk of the Circuit Court shall report to the
8Department of State Police, in the form and manner required by
9the Department of State Police, the final disposition of each
10minor who has been arrested or taken into custody before his or
11her 18th birthday for those offenses required to be reported
12under Section 5 of the Criminal Identification Act.
13Information reported to the Department under this Section may
14be maintained with records that the Department files under
15Section 2.1 of the Criminal Identification Act.
16    (12) Information or records may be disclosed to the
17general public when the court is conducting hearings under
18Section 5-805 or 5-810.
19    (13) The changes made to this Section by Public Act 98-61
20apply to juvenile court records of a minor who has been
21arrested or taken into custody on or after January 1, 2014 (the
22effective date of Public Act 98-61).
23(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
2498-756, eff. 7-16-14.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.