093_HB0416ham003











                                     LRB093 06576 RLC 14074 a

 1                     AMENDMENT TO HOUSE BILL 416

 2        AMENDMENT NO.     .  Amend House Bill 416, AS AMENDED, by
 3    replacing the title with the following:

 4        "AN ACT in relation to minors."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section   5.   The Department of State Police Law of the
 8    Civil Administrative Code of Illinois is amended by  changing
 9    Section 2605-355 as follows:

10        (20 ILCS 2605/2605-355) (was 20 ILCS 2605/55a in part)
11        Sec.   2605-355.  Delinquent  minors;  statewide  central
12    juvenile records system.  To  develop  a  separate  statewide
13    central juvenile records system for persons arrested prior to
14    the  age  of  18 17 under Section 5-401 of the Juvenile Court
15    Act of 1987 or adjudicated  delinquent  minors  and  to  make
16    information  available  to  local law enforcement officers so
17    that law enforcement officers will be able  to  obtain  rapid
18    access   to   the   background   of   the  minor  from  other
19    jurisdictions to the end that the  juvenile  police  officers
20    can  make  appropriate  decisions  that  will  best serve the
21    interest of the child and  the  community.    The  Department
 
                            -2-      LRB093 06576 RLC 14074 a
 1    shall  submit  a quarterly report to the General Assembly and
 2    Governor. The report shall contain  the  number  of  juvenile
 3    records  that the Department has received in that quarter and
 4    a list, by category, of offenses that  minors  were  arrested
 5    for or convicted of by age, race, and gender.
 6    (Source:   P.A.  90-18,  eff.  7-1-97;  90-130,  eff. 1-1-98;
 7    90-372,  eff.  7-1-98;  90-590,  eff.  1-1-00;  90-655,  eff.
 8    7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

 9        Section 10.  The Criminal Identification Act  is  amended
10    by changing Section 5 as follows:

11        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
12        Sec. 5. Arrest reports; expungement.
13        (a)  All  policing  bodies of this State shall furnish to
14    the Department, daily, in the form and detail the  Department
15    requires,  fingerprints  and  descriptions of all persons who
16    are arrested on charges of violating  any  penal  statute  of
17    this  State  for offenses that are classified as felonies and
18    Class A or B misdemeanors and of all minors of the age of  10
19    and over who have been arrested for an offense which would be
20    a  felony  if  committed  by  an  adult, and may forward such
21    fingerprints and descriptions for minors arrested for Class A
22    or B misdemeanors.  Moving or  nonmoving  traffic  violations
23    under  the Illinois Vehicle Code shall not be reported except
24    for violations of Chapter 4,  Section  11-204.1,  or  Section
25    11-501  of that Code.  In addition, conservation offenses, as
26    defined in the Supreme Court Rule 501(c), that are classified
27    as Class B misdemeanors shall not be reported.
28        Whenever an adult or minor prosecuted as  an  adult,  not
29    having  previously  been convicted of any criminal offense or
30    municipal ordinance violation, charged with a violation of  a
31    municipal  ordinance or a felony or misdemeanor, is acquitted
32    or released without being convicted, whether the acquittal or
 
                            -3-      LRB093 06576 RLC 14074 a
 1    release occurred before, on, or after the effective  date  of
 2    this  amendatory  Act of 1991, the Chief Judge of the circuit
 3    wherein the charge was brought, any  judge  of  that  circuit
 4    designated  by  the  Chief Judge, or in counties of less than
 5    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
 6    defendant's trial may upon verified petition of the defendant
 7    order the record of arrest expunged from the official records
 8    of  the arresting authority and the Department and order that
 9    the records of the clerk of the circuit court be sealed until
10    further order of the court upon good cause shown and the name
11    of the defendant obliterated on the official  index  required
12    to be kept by the circuit court clerk under Section 16 of the
13    Clerks  of  Courts  Act,  but  the order shall not affect any
14    index issued by the circuit court clerk before the  entry  of
15    the  order.   The  Department may charge the petitioner a fee
16    equivalent to the cost of processing any order to expunge  or
17    seal  the  records,  and  the fee shall be deposited into the
18    State Police Services Fund.  The records  of  those  arrests,
19    however,  that result in a disposition of supervision for any
20    offense shall  not  be  expunged  from  the  records  of  the
21    arresting  authority  or  the Department nor impounded by the
22    court  until  2  years  after  discharge  and  dismissal   of
23    supervision.   Those  records  that result from a supervision
24    for a violation of Section 3-707, 3-708, 3-710,  5-401.3,  or
25    11-503 of the Illinois Vehicle Code or a similar provision of
26    a  local  ordinance,  or  for  a violation of Section 12-3.2,
27    12-15 or 16A-3 of the Criminal Code  of  1961,  or  probation
28    under  Section 10 of the Cannabis Control Act, Section 410 of
29    the Illinois Controlled Substances Act, Section  12-4.3(b)(1)
30    and  (2)  of  the  Criminal Code of 1961 (as those provisions
31    existed before their deletion by Public Act 89-313),  Section
32    10-102  of  the Illinois Alcoholism and Other Drug Dependency
33    Act when the judgment of conviction has been vacated, Section
34    40-10 of the Alcoholism and Other Drug Abuse  and  Dependency
 
                            -4-      LRB093 06576 RLC 14074 a
 1    Act  when  the  judgment  of  conviction has been vacated, or
 2    Section 10 of the Steroid Control Act shall not  be  expunged
 3    from  the records of the arresting authority nor impounded by
 4    the court until 5 years after  termination  of  probation  or
 5    supervision.   Those  records  that result from a supervision
 6    for a violation of Section 11-501  of  the  Illinois  Vehicle
 7    Code  or  a similar provision of a local ordinance, shall not
 8    be expunged.  All records set out above may be ordered by the
 9    court to be  expunged  from  the  records  of  the  arresting
10    authority and impounded by the court after 5 years, but shall
11    not  be expunged by the Department, but shall, on court order
12    be sealed by the Department and may be  disseminated  by  the
13    Department  only  as  required  by  law  or  to the arresting
14    authority, the State's Attorney, and the court upon  a  later
15    arrest  for  the same or a similar offense or for the purpose
16    of sentencing for any subsequent felony.  Upon conviction for
17    any offense, the Department of Corrections shall have  access
18    to  all  sealed  records of the Department pertaining to that
19    individual.
20        (a-5)  Those records maintained  by  the  Department  for
21    persons  arrested  prior to their 18th 17th birthday shall be
22    expunged as provided in Section 5-915 of the  Juvenile  Court
23    Act of 1987.
24        (b)  Whenever  a  person has been convicted of a crime or
25    of the violation of a municipal ordinance, in the name  of  a
26    person  whose  identity  he has stolen or otherwise come into
27    possession of, the aggrieved person from  whom  the  identity
28    was  stolen or otherwise obtained without authorization, upon
29    learning  of  the  person  having  been  arrested  using  his
30    identity, may, upon verified petition to the chief  judge  of
31    the  circuit  wherein the arrest was made, have a court order
32    entered nunc pro tunc by  the  chief  judge  to  correct  the
33    arrest  record,  conviction  record, if any, and all official
34    records of the arresting  authority,  the  Department,  other
 
                            -5-      LRB093 06576 RLC 14074 a
 1    criminal  justice  agencies,  the  prosecutor,  and the trial
 2    court concerning such arrest, if any, by  removing  his  name
 3    from  all  such  records  in  connection  with the arrest and
 4    conviction, if any, and by inserting in the records the  name
 5    of  the  offender,  if known or ascertainable, in lieu of the
 6    aggrieved's name.  The records of the clerk  of  the  circuit
 7    court  clerk shall be sealed until further order of the court
 8    upon good cause shown and the name of  the  aggrieved  person
 9    obliterated  on the official index required to be kept by the
10    circuit court clerk under Section 16 of the Clerks of  Courts
11    Act,  but  the order shall not affect any index issued by the
12    circuit court clerk before the entry of the  order.   Nothing
13    in this Section shall limit the Department of State Police or
14    other  criminal  justice agencies or prosecutors from listing
15    under an offender's name the false names he or she has  used.
16    For  purposes  of  this  Section,  convictions for moving and
17    nonmoving  traffic  violations  other  than  convictions  for
18    violations of Chapter 4, Section 11-204.1 or  Section  11-501
19    of  the Illinois Vehicle Code shall not be a bar to expunging
20    the record of arrest and court records  for  violation  of  a
21    misdemeanor or municipal ordinance.
22        (c)  Whenever  a  person  who  has  been  convicted of an
23    offense  is  granted  a  pardon   by   the   Governor   which
24    specifically  authorizes  expungement,  he may, upon verified
25    petition to the chief judge of the circuit where  the  person
26    had  been  convicted,  any judge of the circuit designated by
27    the Chief Judge,  or  in  counties  of  less  than  3,000,000
28    inhabitants,  the  presiding  trial  judge at the defendant's
29    trial, may have a court order entered expunging the record of
30    arrest from the official records of the  arresting  authority
31    and  order that the records of the clerk of the circuit court
32    and the Department be sealed until further order of the court
33    upon good cause shown or as otherwise  provided  herein,  and
34    the name of the defendant obliterated from the official index
 
                            -6-      LRB093 06576 RLC 14074 a
 1    requested to be kept by the circuit court clerk under Section
 2    16  of the Clerks of Courts Act in connection with the arrest
 3    and conviction for the offense for which he had been pardoned
 4    but the order shall  not  affect  any  index  issued  by  the
 5    circuit  court  clerk  before  the  entry  of the order.  All
 6    records sealed by the Department may be disseminated  by  the
 7    Department  only  as  required  by  law  or  to the arresting
 8    authority, the State's Attorney, and the court upon  a  later
 9    arrest  for the same or similar offense or for the purpose of
10    sentencing for any subsequent felony.   Upon  conviction  for
11    any  subsequent  offense, the Department of Corrections shall
12    have  access  to  all  sealed  records  of   the   Department
13    pertaining  to  that  individual.  Upon entry of the order of
14    expungement, the clerk of the circuit  court  shall  promptly
15    mail a copy of the order to the person who was pardoned.
16        (c-5)  Whenever  a  person has been convicted of criminal
17    sexual assault, aggravated criminal sexual assault, predatory
18    criminal sexual assault of a child, criminal sexual abuse, or
19    aggravated criminal sexual abuse, the victim of that  offense
20    may  request that the State's Attorney of the county in which
21    the conviction occurred file a  verified  petition  with  the
22    presiding  trial  judge  at  the  defendant's trial to have a
23    court order entered to seal the records of the clerk  of  the
24    circuit court in connection with the proceedings of the trial
25    court  concerning  that offense.  However, the records of the
26    arresting  authority  and  the  Department  of  State  Police
27    concerning the offense shall not be sealed.  The court,  upon
28    good  cause shown, shall make the records of the clerk of the
29    circuit court in connection with the proceedings of the trial
30    court concerning the offense available for public inspection.
31        (d)  Notice of the petition for subsections (a), (b), and
32    (c) shall be served upon the State's Attorney  or  prosecutor
33    charged  with  the  duty  of  prosecuting  the  offense,  the
34    Department  of  State  Police,  the  arresting agency and the
 
                            -7-      LRB093 06576 RLC 14074 a
 1    chief legal officer of the unit of local government affecting
 2    the arrest.  Unless the State's Attorney or  prosecutor,  the
 3    Department  of  State  Police,  the  arresting agency or such
 4    chief legal officer objects to the petition  within  30  days
 5    from  the  date of the notice, the court shall enter an order
 6    granting or denying the petition.  The  clerk  of  the  court
 7    shall  promptly  mail  a copy of the order to the person, the
 8    arresting agency, the prosecutor,  the  Department  of  State
 9    Police  and  such  other  criminal justice agencies as may be
10    ordered by the judge.
11        (e)  Nothing herein shall prevent the Department of State
12    Police from maintaining all records  of  any  person  who  is
13    admitted  to  probation  upon  terms  and  conditions and who
14    fulfills those terms and conditions pursuant to Section 10 of
15    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
16    Controlled Substances Act, Section  12-4.3  of  the  Criminal
17    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
18    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
19    and Other Drug Abuse and Dependency Act, or Section 10 of the
20    Steroid Control Act.
21        (f)  No  court  order  issued pursuant to the expungement
22    provisions of this Section shall become final for purposes of
23    appeal  until  30  days  after  notice  is  received  by  the
24    Department.  Any court order contrary to  the  provisions  of
25    this Section is void.
26        (g)  Except  as otherwise provided in subsection (c-5) of
27    this Section, the  court  shall  not  order  the  sealing  or
28    expungement  of the arrest records and records of the circuit
29    court  clerk  of  any  person  granted  supervision  for   or
30    convicted  of  any  sexual  offense committed against a minor
31    under 18 years of age.  For the  purposes  of  this  Section,
32    "sexual  offense  committed  against a minor" includes but is
33    not limited to the offenses of  indecent  solicitation  of  a
34    child  or  criminal  sexual  abuse  when  the  victim of such
 
                            -8-      LRB093 06576 RLC 14074 a
 1    offense is under 18 years of age.
 2    (Source: P.A. 91-295,  eff.  1-1-00;  91-357,  eff.  7-29-99;
 3    92-651, eff. 7-11-02.)

 4        Section   15.   The Juvenile Court Act of 1987 is amended
 5    by changing Sections 1-7, 1-8, 1-9, 2-10, 3-12,  4-9,  5-105,
 6    5-120,  5-130,  5-407,  5-410,  5-901,  5-905,  and  5-915 as
 7    follows:

 8        (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
 9        Sec. 1-7.  Confidentiality of law enforcement records.
10        (A)  Inspection and copying of  law  enforcement  records
11    maintained by law enforcement agencies that relate to a minor
12    who has been arrested or taken into custody before his or her
13    18th 17th birthday shall be restricted to the following:
14             (1)  Any  local,  State  or  federal law enforcement
15        officers of any jurisdiction or agency when necessary for
16        the  discharge  of  their  official  duties  during   the
17        investigation  or prosecution of a crime or relating to a
18        minor who has been adjudicated delinquent and  there  has
19        been  a  previous  finding that the act which constitutes
20        the previous offense  was  committed  in  furtherance  of
21        criminal  activities  by  a  criminal  street  gang.  For
22        purposes of this Section, "criminal street gang" has  the
23        meaning  ascribed  to  it  in  Section 10 of the Illinois
24        Streetgang Terrorism Omnibus Prevention Act.
25             (2)  Prosecutors,   probation    officers,    social
26        workers,  or  other  individuals assigned by the court to
27        conduct    a    pre-adjudication    or    pre-disposition
28        investigation,   and    individuals    responsible    for
29        supervising  or providing temporary or permanent care and
30        custody for minors pursuant to the order of the  juvenile
31        court,     when    essential    to    performing    their
32        responsibilities.
 
                            -9-      LRB093 06576 RLC 14074 a
 1             (3)  Prosecutors and probation officers:
 2                  (a)  in the course of a trial when  institution
 3             of   criminal  proceedings  has  been  permitted  or
 4             required under Section 5-805; or
 5                  (b)  when institution of  criminal  proceedings
 6             has  been  permitted or required under Section 5-805
 7             and such minor is the subject  of  a  proceeding  to
 8             determine the amount of bail; or
 9                  (c)  when   criminal   proceedings   have  been
10             permitted or required under Section 5-805  and  such
11             minor  is  the subject of a pre-trial investigation,
12             pre-sentence  investigation,  fitness  hearing,   or
13             proceedings on an application for probation.
14             (4)  Adult and Juvenile Prisoner Review Board.
15             (5)  Authorized military personnel.
16             (6)  Persons engaged in bona fide research, with the
17        permission  of  the Presiding Judge of the Juvenile Court
18        and the chief executive of the respective law enforcement
19        agency;  provided  that  publication  of  such   research
20        results  in  no  disclosure  of  a  minor's  identity and
21        protects the confidentiality of the minor's record.
22             (7)  Department  of  Children  and  Family  Services
23        child protection investigators acting in  their  official
24        capacity.
25             (8)  The  appropriate  school  official.  Inspection
26        and copying shall be limited to law  enforcement  records
27        transmitted to the appropriate school official by a local
28        law  enforcement  agency  under  a  reciprocal  reporting
29        system  established  and  maintained  between  the school
30        district and  the  local  law  enforcement  agency  under
31        Section  10-20.14  of  the School Code concerning a minor
32        enrolled in a school within the school district  who  has
33        been  arrested  or  taken  into  custody  for  any of the
34        following offenses:
 
                            -10-     LRB093 06576 RLC 14074 a
 1                  (i)  unlawful use of weapons under Section 24-1
 2             of the Criminal Code of 1961;
 3                  (ii)  a violation of  the  Illinois  Controlled
 4             Substances Act;
 5                  (iii)  a violation of the Cannabis Control Act;
 6             or
 7                  (iv)  a  forcible  felony as defined in Section
 8             2-8 of the Criminal Code of 1961.
 9             (9)  Mental health professionals on  behalf  of  the
10        Illinois  Department  of Corrections or the Department of
11        Human  Services  or  prosecutors  who   are   evaluating,
12        prosecuting,  or  investigating  a  potential  or  actual
13        petition  brought  under  the  Sexually  Violent  Persons
14        Commitment Act relating to a person who is the subject of
15        juvenile  law  enforcement records or the respondent to a
16        petition  brought  under  the  Sexually  Violent  Persons
17        Commitment Act who is the subject  of  the  juvenile  law
18        enforcement   records   sought.   Any   records  and  any
19        information  obtained  from  those  records  under   this
20        paragraph  (9)  may  be  used  only  in  sexually violent
21        persons commitment proceedings.
22        (B) (1)  Except as provided  in  paragraph  (2),  no  law
23        enforcement   officer  or  other  person  or  agency  may
24        knowingly transmit  to  the  Department  of  Corrections,
25        Adult  Division  or  the Department of State Police or to
26        the Federal Bureau of Investigation  any  fingerprint  or
27        photograph  relating  to a minor who has been arrested or
28        taken into custody before his or her 18th 17th  birthday,
29        unless the court in proceedings under this Act authorizes
30        the  transmission  or enters an order under Section 5-805
31        permitting  or  requiring  the  institution  of  criminal
32        proceedings.
33             (2)  Law enforcement officers or  other  persons  or
34        agencies  shall   transmit  to  the  Department  of State
 
                            -11-     LRB093 06576 RLC 14074 a
 1        Police copies of fingerprints  and  descriptions  of  all
 2        minors  who  have  been  arrested  or  taken into custody
 3        before their  18th  17th  birthday  for  the  offense  of
 4        unlawful  use of weapons under Article 24 of the Criminal
 5        Code of 1961, a Class X or Class  1  felony,  a  forcible
 6        felony  as defined in Section 2-8 of the Criminal Code of
 7        1961, or a Class 2 or greater felony under  the  Cannabis
 8        Control  Act,  the Illinois Controlled Substances Act, or
 9        Chapter 4 of  the  Illinois  Vehicle  Code,  pursuant  to
10        Section   5   of   the   Criminal   Identification   Act.
11        Information  reported  to the Department pursuant to this
12        Section  may  be  maintained  with   records   that   the
13        Department  files pursuant to Section 2.1 of the Criminal
14        Identification Act.  Nothing in this Act prohibits a  law
15        enforcement agency from fingerprinting a minor taken into
16        custody  or arrested before his or her 18th 17th birthday
17        for an offense other than those listed in this  paragraph
18        (2).
19        (C)  The  records  of law enforcement officers concerning
20    all minors under 18  17  years  of  age  must  be  maintained
21    separate  from  the records of arrests and may not be open to
22    public inspection or their contents disclosed to  the  public
23    except  by  order  of  the  court  or when the institution of
24    criminal proceedings has been  permitted  or  required  under
25    Section  5-805 or such a person has been convicted of a crime
26    and  is  the  subject  of   pre-sentence   investigation   or
27    proceedings  on an application for probation or when provided
28    by law.
29        (D)  Nothing contained in subsection (C) of this  Section
30    shall  prohibit  the  inspection or disclosure to victims and
31    witnesses of photographs contained  in  the  records  of  law
32    enforcement  agencies  when  the inspection and disclosure is
33    conducted in the presence of a law  enforcement  officer  for
34    the  purpose  of  the  identification  or apprehension of any
 
                            -12-     LRB093 06576 RLC 14074 a
 1    person subject to the provisions  of  this  Act  or  for  the
 2    investigation or prosecution of any crime.
 3        (E)  Law   enforcement  officers  may  not  disclose  the
 4    identity of any minor in releasing information to the general
 5    public as to the arrest, investigation or disposition of  any
 6    case involving a minor.
 7        (F)  Nothing contained in this Section shall prohibit law
 8    enforcement  agencies  from  communicating with each other by
 9    letter, memorandum, teletype or intelligence  alert  bulletin
10    or  other  means  the  identity or other relevant information
11    pertaining to a person under 18 17 years of age if there  are
12    reasonable  grounds  to  believe that the person poses a real
13    and present danger  to  the  safety  of  the  public  or  law
14    enforcement  officers.  The  information  provided under this
15    subsection (F) shall remain confidential  and  shall  not  be
16    publicly disclosed, except as otherwise allowed by law.
17        (G)  Nothing  in this Section shall prohibit the right of
18    a Civil Service Commission or  appointing  authority  of  any
19    state,  county  or  municipality  examining the character and
20    fitness of an applicant for employment with a law enforcement
21    agency, correctional institution,  or  fire  department  from
22    obtaining  and  examining  the records of any law enforcement
23    agency relating to any record of the  applicant  having  been
24    arrested  or  taken  into custody before the applicant's 18th
25    17th birthday.
26    (Source: P.A. 91-357,  eff.  7-29-99;  91-368,  eff.  1-1-00;
27    92-415, eff. 8-17-01.)

28        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
29        Sec.  1-8.  Confidentiality and accessibility of juvenile
30    court records.
31        (A)  Inspection and copying  of  juvenile  court  records
32    relating  to a minor who is the subject of a proceeding under
33    this Act shall be restricted to the following:
 
                            -13-     LRB093 06576 RLC 14074 a
 1             (1)  The minor who is the  subject  of  record,  his
 2        parents, guardian and counsel.
 3             (2)  Law  enforcement  officers  and law enforcement
 4        agencies when such information is essential to  executing
 5        an  arrest or search warrant or other compulsory process,
 6        or to conducting an ongoing investigation or relating  to
 7        a minor who has been adjudicated delinquent and there has
 8        been  a  previous  finding that the act which constitutes
 9        the previous offense  was  committed  in  furtherance  of
10        criminal activities by a criminal street gang.
11             Before  July  1,  1994,  for  the  purposes  of this
12        Section,  "criminal  street  gang"  means   any   ongoing
13        organization, association, or group of 3 or more persons,
14        whether  formal or informal, having as one of its primary
15        activities the commission of one or  more  criminal  acts
16        and  that  has  a common name or common identifying sign,
17        symbol or specific color  apparel  displayed,  and  whose
18        members  individually  or  collectively engage in or have
19        engaged in a pattern of criminal activity.
20             Beginning  July  1,  1994,  for  purposes  of   this
21        Section,  "criminal street gang" has the meaning ascribed
22        to it in Section 10 of the Illinois Streetgang  Terrorism
23        Omnibus Prevention Act.
24             (3)  Judges,    hearing    officers,    prosecutors,
25        probation  officers,  social workers or other individuals
26        assigned by the court to conduct  a  pre-adjudication  or
27        predisposition investigation, and individuals responsible
28        for  supervising or providing temporary or permanent care
29        and custody for minors  pursuant  to  the  order  of  the
30        juvenile   court   when  essential  to  performing  their
31        responsibilities.
32             (4)  Judges, prosecutors and probation officers:
33                  (a)  in the course of a trial when  institution
34             of   criminal  proceedings  has  been  permitted  or
 
                            -14-     LRB093 06576 RLC 14074 a
 1             required under Section 5-805; or
 2                  (b)  when  criminal   proceedings   have   been
 3             permitted  or  required  under  Section  5-805 and a
 4             minor is the subject of a  proceeding  to  determine
 5             the amount of bail; or
 6                  (c)  when   criminal   proceedings   have  been
 7             permitted or required  under  Section  5-805  and  a
 8             minor  is  the subject of a pre-trial investigation,
 9             pre-sentence investigation or  fitness  hearing,  or
10             proceedings on an application for probation; or
11                  (d)  when a minor becomes 18 17 years of age or
12             older,  and  is the subject of criminal proceedings,
13             including a hearing to determine the amount of bail,
14             a   pre-trial    investigation,    a    pre-sentence
15             investigation,  a fitness hearing, or proceedings on
16             an application for probation.
17             (5)  Adult and Juvenile Prisoner Review Boards.
18             (6)  Authorized military personnel.
19             (7)  Victims,    their    subrogees    and     legal
20        representatives;  however, such persons shall have access
21        only to the name and address of the minor and information
22        pertaining to the disposition or  alternative  adjustment
23        plan of the juvenile court.
24             (8)  Persons engaged in bona fide research, with the
25        permission  of  the presiding judge of the juvenile court
26        and the chief executive of the agency that  prepared  the
27        particular  records;  provided  that  publication of such
28        research results in no disclosure of a  minor's  identity
29        and protects the confidentiality of the record.
30             (9)  The Secretary of State to whom the Clerk of the
31        Court  shall  report  the  disposition  of  all cases, as
32        required in Section 6-204 of the Illinois  Vehicle  Code.
33        However,  information reported relative to these offenses
34        shall be privileged and available only to  the  Secretary
 
                            -15-     LRB093 06576 RLC 14074 a
 1        of State, courts, and police officers.
 2             (10)  The  administrator  of  a  bonafide  substance
 3        abuse  student  assistance program with the permission of
 4        the presiding judge of the juvenile court.
 5             (11)  Mental health professionals on behalf  of  the
 6        Illinois  Department  of Corrections or the Department of
 7        Human  Services  or  prosecutors  who   are   evaluating,
 8        prosecuting,  or  investigating  a  potential  or  actual
 9        petition  brought  under  the Sexually Persons Commitment
10        Act relating to a person who is the subject  of  juvenile
11        court  records  or  the  respondent to a petition brought
12        under the Sexually Violent Persons Commitment Act, who is
13        the  subject  of  juvenile  court  records  sought.   Any
14        records and any information obtained from  those  records
15        under  this  paragraph  (11) may be used only in sexually
16        violent persons commitment proceedings.
17        (B)  A minor who is the victim in a  juvenile  proceeding
18    shall   be   provided   the  same  confidentiality  regarding
19    disclosure of identity as the minor who  is  the  subject  of
20    record.
21        (C)  Except as otherwise provided in this subsection (C),
22    juvenile  court  records  shall  not be made available to the
23    general public but may be  inspected  by  representatives  of
24    agencies,  associations  and  news  media  or  other properly
25    interested persons by general or special order of the  court.
26    The  State's  Attorney,  the minor, his parents, guardian and
27    counsel shall at all times have the right  to  examine  court
28    files and records.
29             (1)  The  court  shall  allow  the general public to
30        have access to the name, address, and offense of a  minor
31        who  is  adjudicated  a  delinquent  minor under this Act
32        under either of the following circumstances:
33                  (A)  The adjudication of delinquency was  based
34             upon  the minor's commission of first degree murder,
 
                            -16-     LRB093 06576 RLC 14074 a
 1             attempt to commit first  degree  murder,  aggravated
 2             criminal sexual assault, or criminal sexual assault;
 3             or
 4                  (B)  The  court  has  made  a  finding that the
 5             minor was at least 13 years of age at the  time  the
 6             act   was   committed   and   the   adjudication  of
 7             delinquency was based upon  the  minor's  commission
 8             of: (i) an act in furtherance of the commission of a
 9             felony  as  a  member  of or on behalf of a criminal
10             street gang, (ii) an act  involving  the  use  of  a
11             firearm  in the commission of a felony, (iii) an act
12             that would be a Class X felony offense under or  the
13             minor's  second  or  subsequent  Class  2 or greater
14             felony offense under the  Cannabis  Control  Act  if
15             committed  by  an adult, (iv) an act that would be a
16             second or subsequent offense under  Section  402  of
17             the  Illinois Controlled Substances Act if committed
18             by an adult, or (v) an act that would be an  offense
19             under   Section   401  of  the  Illinois  Controlled
20             Substances Act if committed by an adult.
21             (2)  The court shall allow  the  general  public  to
22        have  access to the name, address, and offense of a minor
23        who is at least 13 years of age at the time  the  offense
24        is   committed   and   who   is  convicted,  in  criminal
25        proceedings permitted  or  required  under  Section  5-4,
26        under either of the following circumstances:
27                  (A)  The  minor  has  been  convicted  of first
28             degree  murder,  attempt  to  commit  first   degree
29             murder,   aggravated  criminal  sexual  assault,  or
30             criminal sexual assault,
31                  (B)  The court has  made  a  finding  that  the
32             minor  was  at least 13 years of age at the time the
33             offense was committed and the conviction  was  based
34             upon  the  minor's  commission of: (i) an offense in
 
                            -17-     LRB093 06576 RLC 14074 a
 1             furtherance of the  commission  of  a  felony  as  a
 2             member  of  or  on behalf of a criminal street gang,
 3             (ii) an offense involving the use of  a  firearm  in
 4             the  commission  of a felony, (iii) a Class X felony
 5             offense under or a second or subsequent Class  2  or
 6             greater  felony  offense  under the Cannabis Control
 7             Act, (iv)  a  second  or  subsequent  offense  under
 8             Section  402  of  the Illinois Controlled Substances
 9             Act, or (v) an offense  under  Section  401  of  the
10             Illinois Controlled Substances Act.
11        (D)  Pending or following any adjudication of delinquency
12    for  any  offense  defined in Sections 12-13 through 12-16 of
13    the Criminal Code of 1961, the victim  of  any  such  offense
14    shall  receive  the rights set out in Sections 4 and 6 of the
15    Bill of Rights for Victims and  Witnesses  of  Violent  Crime
16    Act; and the juvenile who is the subject of the adjudication,
17    notwithstanding  any  other  provision  of this Act, shall be
18    treated as an adult for the purpose of affording such  rights
19    to the victim.
20        (E)  Nothing  in this Section shall affect the right of a
21    Civil Service  Commission  or  appointing  authority  of  any
22    state,  county  or  municipality  examining the character and
23    fitness of an applicant for employment with a law enforcement
24    agency,  correctional  institution,  or  fire  department  to
25    ascertain whether that applicant was ever adjudicated to be a
26    delinquent minor and,  if  so,  to  examine  the  records  of
27    disposition  or evidence which were made in proceedings under
28    this Act.
29        (F)  Following any  adjudication  of  delinquency  for  a
30    crime  which  would  be a felony if committed by an adult, or
31    following any adjudication of delinquency for a violation  of
32    Section  24-1,  24-3, 24-3.1, or 24-5 of the Criminal Code of
33    1961, the State's Attorney shall ascertain whether the  minor
34    respondent  is enrolled in school and, if so, shall provide a
 
                            -18-     LRB093 06576 RLC 14074 a
 1    copy of the dispositional order to  the  principal  or  chief
 2    administrative   officer  of  the  school.   Access  to  such
 3    juvenile records shall be limited to the principal  or  chief
 4    administrative   officer  of  the  school  and  any  guidance
 5    counselor designated by him.
 6        (G)  Nothing contained in this Act prevents  the  sharing
 7    or   disclosure   of   information  or  records  relating  or
 8    pertaining to juveniles subject  to  the  provisions  of  the
 9    Serious  Habitual  Offender Comprehensive Action Program when
10    that  information  is   used   to   assist   in   the   early
11    identification and treatment of habitual juvenile offenders.
12        (H)  When  a  Court hearing a proceeding under Article II
13    of this Act becomes aware that an  earlier  proceeding  under
14    Article  II  had been heard in a different county, that Court
15    shall request, and the Court in which the earlier proceedings
16    were initiated shall transmit, an authenticated copy  of  the
17    Court  record, including all documents, petitions, and orders
18    filed  therein  and  the   minute   orders,   transcript   of
19    proceedings, and docket entries of the Court.
20        (I)  The  Clerk  of the Circuit Court shall report to the
21    Department of State Police, in the form and  manner  required
22    by  the  Department of State Police, the final disposition of
23    each minor who has been arrested or taken into custody before
24    his or her 18th 17th birthday for those offenses required  to
25    be  reported  under  Section 5 of the Criminal Identification
26    Act.  Information  reported  to  the  Department  under  this
27    Section  may  be  maintained with records that the Department
28    files under Section 2.1 of the Criminal Identification Act.
29    (Source: P.A. 91-357,  eff.  7-29-99;  91-368,  eff.  1-1-00,
30    92-415, eff. 8-17-01.)

31        (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
32        Sec.  1-9.   Expungement  of law enforcement and juvenile
33    court records.
 
                            -19-     LRB093 06576 RLC 14074 a
 1        (1)  Expungement of law enforcement  and  juvenile  court
 2    delinquency records shall be governed by Section 5-915.
 3        (2)  This  subsection  (2)  applies to expungement of law
 4    enforcement and juvenile court records other than delinquency
 5    proceedings. Whenever any person has attained the age  of  18
 6    17  or  whenever  all  juvenile court proceedings relating to
 7    that person have been terminated,  whichever  is  later,  the
 8    person  may  petition  the  court  to expunge law enforcement
 9    records relating to incidents occurring before his 18th  17th
10    birthday  or  his  juvenile  court  records, or both,  if the
11    minor was placed under supervision pursuant to Sections 2-20,
12    3-21, or 4-18, and such order of supervision has  since  been
13    successfully terminated.
14        (3)  The  chief  judge  of the circuit in which an arrest
15    was made or a charge was brought or any judge of that circuit
16    designated by the chief judge may, upon verified petition  of
17    a  person who is the subject of an arrest or a juvenile court
18    proceeding pursuant to subsection (2) of this Section,  order
19    the  law  enforcement  records  or juvenile court records, or
20    both, to  be  expunged  from  the  official  records  of  the
21    arresting  authority  and  the  clerk  of  the circuit court.
22    Notice of the petition  shall  be  served  upon  the  State's
23    Attorney  and  upon  the  arresting  authority  which  is the
24    subject of the petition for expungement.
25    (Source: P.A. 90-590, eff. 1-1-99.)

26        (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
27        Sec. 2-10.  Temporary custody hearing.  At the appearance
28    of the minor  before  the  court  at  the  temporary  custody
29    hearing,  all  witnesses present shall be examined before the
30    court  in  relation  to  any  matter   connected   with   the
31    allegations made in the petition.
32        (1)  If  the court finds that there is not probable cause
33    to believe that the minor is abused, neglected  or  dependent
 
                            -20-     LRB093 06576 RLC 14074 a
 1    it shall release the minor and dismiss the petition.
 2        (2)  If  the  court finds that there is probable cause to
 3    believe that the minor is abused, neglected or dependent, the
 4    court shall state in writing the factual basis supporting its
 5    finding and the minor, his or her parent, guardian, custodian
 6    and other persons able to give relevant  testimony  shall  be
 7    examined  before  the  court.  The Department of Children and
 8    Family Services shall  give  testimony  concerning  indicated
 9    reports  of  abuse  and  neglect,  of which they are aware of
10    through the central registry, involving the  minor's  parent,
11    guardian  or custodian.  After such testimony, the court may,
12    consistent with the health, safety and best interests of  the
13    minor,  enter  an order that the minor shall be released upon
14    the request of parent, guardian or custodian if  the  parent,
15    guardian  or  custodian  appears  to  take custody. Custodian
16    shall include any agency of the State which  has  been  given
17    custody  or  wardship  of the child. If it is consistent with
18    the health, safety and best interests of the minor, the court
19    may also prescribe shelter care and order that the  minor  be
20    kept  in  a  suitable  place  designated by the court or in a
21    shelter  care  facility  designated  by  the  Department   of
22    Children  and  Family  Services  or  a licensed child welfare
23    agency; however, a minor  charged  with  a  criminal  offense
24    under  the  Criminal  Code  of 1961 or adjudicated delinquent
25    shall not be placed in the custody of  or  committed  to  the
26    Department  of  Children  and  Family  Services by any court,
27    except a minor less than 13 years of age and committed to the
28    Department of Children  and  Family  Services  under  Section
29    5-710 of this Act or a minor for whom an independent basis of
30    abuse,  neglect,  or dependency exists, which must be defined
31    by departmental rule. In placing the minor, the Department or
32    other agency shall, to the extent compatible with the court's
33    order, comply with Section  7  of  the  Children  and  Family
34    Services  Act.  In  determining  the  health, safety and best
 
                            -21-     LRB093 06576 RLC 14074 a
 1    interests of the minor to prescribe shelter care,  the  court
 2    must  find  that  it  is  a  matter  of  immediate and urgent
 3    necessity for the safety and protection of the  minor  or  of
 4    the person or property of another that the minor be placed in
 5    a  shelter  care facility or that he or she is likely to flee
 6    the jurisdiction of the court, and  must  further  find  that
 7    reasonable  efforts  have  been made or that, consistent with
 8    the health, safety  and  best  interests  of  the  minor,  no
 9    efforts  reasonably  can  be made to prevent or eliminate the
10    necessity of removal of the minor from his or her  home.  The
11    court  shall  require  documentation  from  the Department of
12    Children and Family Services as  to  the  reasonable  efforts
13    that  were  made  to  prevent  or  eliminate the necessity of
14    removal of the minor from his or her home or the reasons  why
15    no  efforts  reasonably could be made to prevent or eliminate
16    the necessity of removal. When a minor is placed in the  home
17    of a relative, the Department of Children and Family Services
18    shall complete a preliminary background review of the members
19    of  the  minor's  custodian's  household  in  accordance with
20    Section 4.3 of the Child Care Act of 1969 within 90  days  of
21    that  placement.  If the minor is ordered placed in a shelter
22    care facility  of  the  Department  of  Children  and  Family
23    Services or a licensed child welfare agency, the court shall,
24    upon  request  of the appropriate Department or other agency,
25    appoint  the  Department  of  Children  and  Family  Services
26    Guardianship  Administrator  or  other   appropriate   agency
27    executive  temporary custodian of the minor and the court may
28    enter such other orders related to the temporary  custody  as
29    it  deems fit and proper, including the provision of services
30    to  the  minor  or  his  family  to  ameliorate  the   causes
31    contributing  to  the  finding  of  probable  cause or to the
32    finding of the existence of immediate and  urgent  necessity.
33    Acceptance  of  services shall not be considered an admission
34    of any allegation in a petition made pursuant  to  this  Act,
 
                            -22-     LRB093 06576 RLC 14074 a
 1    nor  may  a referral of services be considered as evidence in
 2    any proceeding pursuant to this Act, except where  the  issue
 3    is  whether  the  Department  has  made reasonable efforts to
 4    reunite the  family.  In  making  its  findings  that  it  is
 5    consistent  with the health, safety and best interests of the
 6    minor to prescribe shelter care, the  court  shall  state  in
 7    writing   (i)  the  factual  basis  supporting  its  findings
 8    concerning  the  immediate  and  urgent  necessity  for   the
 9    protection  of  the  minor  or  of  the person or property of
10    another and (ii) the factual basis  supporting  its  findings
11    that reasonable efforts were made to prevent or eliminate the
12    removal  of the minor from his or her home or that no efforts
13    reasonably could be made to prevent or eliminate the  removal
14    of  the  minor  from his or her home.  The parents, guardian,
15    custodian,  temporary  custodian  and  minor  shall  each  be
16    furnished a copy of such  written  findings.   The  temporary
17    custodian  shall  maintain  a  copy  of  the  court order and
18    written findings in the case record for the child. The  order
19    together with the court's findings of fact in support thereof
20    shall be entered of record in the court.
21        Once the court finds that it is a matter of immediate and
22    urgent  necessity  for  the  protection of the minor that the
23    minor be placed in a shelter care facility, the  minor  shall
24    not  be  returned  to the parent, custodian or guardian until
25    the court finds that such placement is  no  longer  necessary
26    for the protection of the minor.
27        If  the  child  is placed in the temporary custody of the
28    Department of Children and Family Services  for  his  or  her
29    protection,  the  court shall admonish the parents, guardian,
30    custodian or  responsible  relative  that  the  parents  must
31    cooperate   with   the  Department  of  Children  and  Family
32    Services, comply with the terms of  the  service  plans,  and
33    correct the conditions which require the child to be in care,
34    or risk termination of their parental rights.
 
                            -23-     LRB093 06576 RLC 14074 a
 1        (3)  If  prior  to  the  shelter care hearing for a minor
 2    described in Sections 2-3, 2-4, 3-3 and 4-3 the moving  party
 3    is  unable  to  serve  notice  on  the  party respondent, the
 4    shelter care hearing may proceed ex-parte.   A  shelter  care
 5    order  from  an  ex-parte  hearing shall be endorsed with the
 6    date and hour of issuance and shall be filed with the clerk's
 7    office and entered of record. The order shall expire after 10
 8    days from the time it is issued unless before its  expiration
 9    it  is  renewed,  at  a  hearing upon appearance of the party
10    respondent, or upon an affidavit of the moving  party  as  to
11    all diligent efforts to notify the party respondent by notice
12    as  herein  prescribed.   The  notice  prescribed shall be in
13    writing and shall be personally delivered to the minor or the
14    minor's attorney and to the last known address of  the  other
15    person  or persons entitled to notice.  The notice shall also
16    state the nature of the allegations, the nature of the  order
17    sought  by  the State, including whether temporary custody is
18    sought, and the consequences of failure to appear  and  shall
19    contain  a  notice  that  the parties will not be entitled to
20    further written notices or publication notices of proceedings
21    in this case, including the filing of an amended petition  or
22    a  motion to terminate parental rights, except as required by
23    Supreme Court Rule 11; and shall explain  the  right  of  the
24    parties and the procedures to vacate or modify a shelter care
25    order  as provided in this Section.  The notice for a shelter
26    care hearing shall be substantially as follows:
27                   NOTICE TO PARENTS AND CHILDREN
28                       OF SHELTER CARE HEARING
29             On  ................  at   .........,   before   the
30        Honorable ................, (address:) .................,
31        the  State  of  Illinois  will  present evidence (1) that
32        (name of child or children)  .......................  are
33        abused, neglected or dependent for the following reasons:
34        ..............................................   and  (2)
 
                            -24-     LRB093 06576 RLC 14074 a
 1        that there is "immediate and urgent necessity" to  remove
 2        the child or children from the responsible relative.
 3             YOUR  FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
 4        PLACEMENT of the child or children in foster care until a
 5        trial can be held.  A trial may not be held for up to  90
 6        days.   You  will  not  be entitled to further notices of
 7        proceedings in this case,  including  the  filing  of  an
 8        amended  petition  or  a  motion  to  terminate  parental
 9        rights.
10             At  the  shelter  care  hearing,  parents  have  the
11        following rights:
12                  1.  To  ask  the  court  to appoint a lawyer if
13             they cannot afford one.
14                  2.  To ask the court to continue the hearing to
15             allow them time to prepare.
16                  3.  To present evidence concerning:
17                       a.  Whether or not the child  or  children
18                  were abused, neglected or dependent.
19                       b.  Whether or not there is "immediate and
20                  urgent necessity" to remove the child from home
21                  (including:  their  ability  to  care  for  the
22                  child,  conditions  in  the  home,  alternative
23                  means   of  protecting  the  child  other  than
24                  removal).
25                       c.  The best interests of the child.
26                  4.  To cross examine the State's witnesses.

27        The Notice  for  rehearings  shall  be  substantially  as
28    follows:
29              NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
30                  TO REHEARING ON TEMPORARY CUSTODY
31             If you were not present at and did not have adequate
32        notice  of  the  Shelter  Care Hearing at which temporary
33        custody    of    ...............    was    awarded     to
34        ................,  you  have  the right to request a full
 
                            -25-     LRB093 06576 RLC 14074 a
 1        rehearing on whether  the  State  should  have  temporary
 2        custody  of .................  To request this rehearing,
 3        you must file  with  the  Clerk  of  the  Juvenile  Court
 4        (address):  ........................,  in  person  or  by
 5        mailing   a   statement  (affidavit)  setting  forth  the
 6        following:
 7                  1.  That you were not present  at  the  shelter
 8             care hearing.
 9                  2.  That   you  did  not  get  adequate  notice
10             (explaining how the notice was inadequate).
11                  3.  Your signature.
12                  4.  Signature must be notarized.
13             The rehearing should be scheduled within 48 hours of
14        your filing this affidavit.
15             At the rehearing, your rights are the same as at the
16        initial  shelter  care  hearing.   The  enclosed   notice
17        explains those rights.
18             At  the  Shelter  Care  Hearing,  children  have the
19        following rights:
20                  1.  To have a guardian ad litem appointed.
21                  2.  To be declared competent as a  witness  and
22             to present testimony concerning:
23                       a.  Whether  they are abused, neglected or
24                  dependent.
25                       b.  Whether there is "immediate and urgent
26                  necessity" to be removed from home.
27                       c.  Their best interests.
28                  3.  To  cross  examine  witnesses   for   other
29             parties.
30                  4.  To obtain an explanation of any proceedings
31             and orders of the court.
32        (4)  If    the   parent,   guardian,   legal   custodian,
33    responsible relative, minor age 8 or over, or counsel of  the
34    minor did not have actual notice of or was not present at the
 
                            -26-     LRB093 06576 RLC 14074 a
 1    shelter care hearing, he or she may file an affidavit setting
 2    forth  these  facts,  and  the clerk shall set the matter for
 3    rehearing not later than  48  hours,  excluding  Sundays  and
 4    legal  holidays,  after  the  filing of the affidavit. At the
 5    rehearing, the court shall proceed in the same manner as upon
 6    the original hearing.
 7        (5)  Only when there is reasonable cause to believe  that
 8    the  minor  taken  into  custody  is  a  person  described in
 9    subsection (3) of Section 5-105 may  the  minor  be  kept  or
10    detained  in  a  detention  home or county or municipal jail.
11    This Section shall in no way be construed to limit subsection
12    (6).
13        (6)  No minor under 16 years of age may be confined in  a
14    jail   or  place  ordinarily  used  for  the  confinement  of
15    prisoners in a police station.  Minors under 18 17  years  of
16    age must be kept separate from confined adults and may not at
17    any  time be kept in the same cell, room, or yard with adults
18    confined pursuant to the criminal law.
19        (7)  If the  minor  is  not  brought  before  a  judicial
20    officer  within  the time period as specified in Section 2-9,
21    the minor must immediately be released from custody.
22        (8)  If neither the parent, guardian or custodian appears
23    within 24 hours to take custody  of  a  minor  released  upon
24    request  pursuant to subsection (2) of this Section, then the
25    clerk of the court shall set the  matter  for  rehearing  not
26    later  than 7 days after the original order and shall issue a
27    summons directed to the  parent,  guardian  or  custodian  to
28    appear.   At  the  same  time  the probation department shall
29    prepare a report on the minor.   If  a  parent,  guardian  or
30    custodian  does  not  appear at such rehearing, the judge may
31    enter an order prescribing  that  the  minor  be  kept  in  a
32    suitable  place  designated by the Department of Children and
33    Family Services or a licensed child welfare agency.
34        (9)  Notwithstanding any other provision of this  Section
 
                            -27-     LRB093 06576 RLC 14074 a
 1    any  interested  party,  including  the  State, the temporary
 2    custodian, an agency  providing  services  to  the  minor  or
 3    family  under  a  service plan pursuant to Section 8.2 of the
 4    Abused and Neglected Child Reporting Act, foster  parent,  or
 5    any  of  their  representatives,  on  notice  to  all parties
 6    entitled to notice, may file a motion that it is in the  best
 7    interests  of  the  minor  to  modify  or  vacate a temporary
 8    custody order on any of the following grounds:
 9             (a)  It is no  longer  a  matter  of  immediate  and
10        urgent  necessity  that the minor remain in shelter care;
11        or
12             (b)  There is a material change in the circumstances
13        of the natural family from which the  minor  was  removed
14        and   the   child  can  be  cared  for  at  home  without
15        endangering the child's health or safety; or
16             (c)  A person not a  party  to  the  alleged  abuse,
17        neglect  or  dependency,  including a parent, relative or
18        legal guardian, is capable of assuming temporary  custody
19        of the minor; or
20             (d)  Services provided by the Department of Children
21        and  Family  Services  or a child welfare agency or other
22        service provider have been successful in eliminating  the
23        need for temporary custody and the child can be cared for
24        at home without endangering the child's health or safety.
25        In  ruling  on  the  motion,  the  court  shall determine
26    whether it is consistent with the  health,  safety  and  best
27    interests  of  the  minor  to  modify  or  vacate a temporary
28    custody order.
29        The clerk shall set the matter for hearing not later than
30    14 days after such motion is filed.  In the  event  that  the
31    court  modifies or vacates a temporary custody order but does
32    not vacate its finding of probable cause, the court may order
33    that appropriate services be continued or initiated in behalf
34    of the minor and his or her family.
 
                            -28-     LRB093 06576 RLC 14074 a
 1        (10)  When the court finds or has  found  that  there  is
 2    probable  cause  to  believe  a  minor  is an abused minor as
 3    described in subsection (2) of Section 2-3 and that there  is
 4    an  immediate and urgent necessity for the abused minor to be
 5    placed in shelter care, immediate and urgent necessity  shall
 6    be  presumed  for  any  other  minor  residing  in  the  same
 7    household as the abused minor provided:
 8             (a)  Such  other minor is the subject of an abuse or
 9        neglect petition pending before the court; and
10             (b)  A party to the petition is seeking shelter care
11        for such other minor.
12        Once the presumption of immediate  and  urgent  necessity
13    has  been  raised,  the  burden  of demonstrating the lack of
14    immediate and urgent necessity shall be on any party that  is
15    opposing shelter care for the other minor.
16    (Source:  P.A.  89-21,  eff.  7-1-95;  89-422;  89-582,  eff.
17    1-1-97;  89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
18    9-1-97; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)

19        (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
20        Sec. 3-12.  Shelter care hearing. At  the  appearance  of
21    the  minor  before the court at the shelter care hearing, all
22    witnesses present shall  be  examined  before  the  court  in
23    relation to any matter connected with the allegations made in
24    the petition.
25        (1)  If  the court finds that there is not probable cause
26    to believe that the minor is a person requiring authoritative
27    intervention, it shall release  the  minor  and  dismiss  the
28    petition.
29        (2)  If  the  court finds that there is probable cause to
30    believe that the minor is a  person  requiring  authoritative
31    intervention,   the  minor,  his  or  her  parent,  guardian,
32    custodian and other persons able to give  relevant  testimony
33    shall be examined before the court. After such testimony, the
 
                            -29-     LRB093 06576 RLC 14074 a
 1    court  may  enter  an  order that the minor shall be released
 2    upon the request of a parent, guardian or  custodian  if  the
 3    parent,  guardian  or  custodian  appears   to  take custody.
 4    Custodian shall include any agency of  the  State  which  has
 5    been  given custody or wardship of the child. The Court shall
 6    require documentation by representatives of the Department of
 7    Children and Family Services or the probation  department  as
 8    to  the  reasonable  efforts  that  were  made  to prevent or
 9    eliminate the necessity of removal of the minor from  his  or
10    her  home,  and shall consider the testimony of any person as
11    to those reasonable efforts. If the court finds that it is  a
12    matter  of  immediate and urgent necessity for the protection
13    of the minor or of the person or property of another that the
14    minor be placed in a shelter care facility, or that he or she
15    is likely to flee the jurisdiction of the court, and  further
16    finds  that  reasonable  efforts have been made or good cause
17    has been shown  why  reasonable  efforts  cannot  prevent  or
18    eliminate  the  necessity of removal of the minor from his or
19    her home, the court may prescribe shelter care and order that
20    the minor be kept in a suitable place designated by the court
21    or in a shelter care facility designated by the Department of
22    Children and Family Services  or  a  licensed  child  welfare
23    agency; otherwise it shall release the minor from custody. If
24    the court prescribes shelter care, then in placing the minor,
25    the   Department   or  other  agency  shall,  to  the  extent
26    compatible with the court's order, comply with Section  7  of
27    the Children and Family Services Act. If the minor is ordered
28    placed  in  a  shelter  care  facility  of  the Department of
29    Children and Family Services  or  a  licensed  child  welfare
30    agency,  the  court  shall, upon request of the Department or
31    other agency, appoint the Department of Children  and  Family
32    Services  Guardianship  Administrator  or  other  appropriate
33    agency  executive  temporary  custodian  of the minor and the
34    court may enter such other orders related  to  the  temporary
 
                            -30-     LRB093 06576 RLC 14074 a
 1    custody  as  it deems fit and proper, including the provision
 2    of services to the minor or  his  family  to  ameliorate  the
 3    causes  contributing  to  the finding of probable cause or to
 4    the  finding  of  the  existence  of  immediate  and   urgent
 5    necessity.  Acceptance of services shall not be considered an
 6    admission of any allegation in a petition  made  pursuant  to
 7    this  Act,  nor  may  a referral of services be considered as
 8    evidence in any proceeding pursuant to this Act, except where
 9    the issue is  whether  the  Department  has  made  reasonable
10    efforts  to  reunite  the family. In making its findings that
11    reasonable efforts have been made or that good cause has been
12    shown why reasonable efforts cannot prevent or eliminate  the
13    necessity  of  removal of the minor from his or her home, the
14    court shall state in  writing  its  findings  concerning  the
15    nature  of the services that were offered or the efforts that
16    were made to prevent removal of the child  and  the  apparent
17    reasons  that  such services or efforts could not prevent the
18    need  for  removal.   The   parents,   guardian,   custodian,
19    temporary  custodian and minor shall each be furnished a copy
20    of such written  findings.   The  temporary  custodian  shall
21    maintain  a  copy  of the court order and written findings in
22    the case record for the child.
23        The order together with the court's findings of fact  and
24    support thereof shall be entered of record in the court.
25        Once the court finds that it is a matter of immediate and
26    urgent  necessity  for  the  protection of the minor that the
27    minor be placed in a shelter care facility, the  minor  shall
28    not  be  returned  to the parent, custodian or guardian until
29    the court finds that such placement is  no  longer  necessary
30    for the protection of the minor.
31        (3)  If  prior  to  the  shelter care hearing for a minor
32    described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
33    unable to serve notice on the party respondent,  the  shelter
34    care hearing may proceed ex-parte.  A shelter care order from
 
                            -31-     LRB093 06576 RLC 14074 a
 1    an  ex-parte hearing shall be endorsed with the date and hour
 2    of issuance and shall be filed with the  clerk's  office  and
 3    entered  of record. The order shall expire after 10 days from
 4    the time it is issued unless  before  its  expiration  it  is
 5    renewed,   at   a   hearing  upon  appearance  of  the  party
 6    respondent, or upon an affidavit of the moving  party  as  to
 7    all diligent efforts to notify the party respondent by notice
 8    as  herein  prescribed.   The  notice  prescribed shall be in
 9    writing and shall be personally delivered to the minor or the
10    minor's attorney and to the last known address of  the  other
11    person  or persons entitled to notice.  The notice shall also
12    state the nature of the allegations, the nature of the  order
13    sought  by  the State, including whether temporary custody is
14    sought, and the consequences of failure to appear; and  shall
15    explain the right of the parties and the procedures to vacate
16    or  modify  a shelter care order as provided in this Section.
17    The notice for a shelter care hearing shall be  substantially
18    as follows:
19       NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
20        On  ................  at  ........., before the Honorable
21    ................, (address:) ................., the State  of
22    Illinois  will  present  evidence  (1) that (name of child or
23    children) ....................... are  abused,  neglected  or
24    dependent for the following reasons:
25    .............................................................
26    and  (2)  that  there  is "immediate and urgent necessity" to
27    remove the child or children from the responsible relative.
28        YOUR FAILURE TO APPEAR  AT  THE  HEARING  MAY  RESULT  IN
29    PLACEMENT  of  the  child  or children in foster care until a
30    trial can be held.  A trial may not be  held  for  up  to  90
31    days.
32        At  the  shelter care hearing, parents have the following
33    rights:
34             1.  To ask the court to appoint  a  lawyer  if  they
 
                            -32-     LRB093 06576 RLC 14074 a
 1        cannot afford one.
 2             2.  To  ask  the  court  to  continue the hearing to
 3        allow them time to prepare.
 4             3.  To present evidence concerning:
 5                  a.  Whether or not the child or  children  were
 6             abused, neglected or dependent.
 7                  b.  Whether  or  not  there  is  "immediate and
 8             urgent necessity" to  remove  the  child  from  home
 9             (including:  their  ability  to  care for the child,
10             conditions  in  the  home,  alternative   means   of
11             protecting the child other than removal).
12                  c.  The best interests of the child.
13             4.  To cross examine the State's witnesses.
14        The  Notice  for  rehearings  shall  be  substantially as
15    follows:
16              NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
17                  TO REHEARING ON TEMPORARY CUSTODY
18        If you were not present at  and  did  not  have  adequate
19    notice of the Shelter Care Hearing at which temporary custody
20    of  ............... was awarded to ................, you have
21    the right to request a full rehearing on  whether  the  State
22    should   have  temporary  custody  of  .................   To
23    request this rehearing, you must file with the Clerk  of  the
24    Juvenile Court (address): ........................, in person
25    or  by  mailing  a  statement  (affidavit)  setting forth the
26    following:
27             1.  That you were not present at  the  shelter  care
28        hearing.
29             2.  That you did not get adequate notice (explaining
30        how the notice was inadequate).
31             3.  Your signature.
32             4.  Signature must be notarized.
33        The  rehearing should be scheduled within one day of your
34    filing this affidavit.
 
                            -33-     LRB093 06576 RLC 14074 a
 1        At the rehearing, your rights are  the  same  as  at  the
 2    initial  shelter  care hearing.  The enclosed notice explains
 3    those rights.
 4        At the Shelter Care Hearing, children have the  following
 5    rights:
 6             1.  To have a guardian ad litem appointed.
 7             2.  To  be  declared  competent  as a witness and to
 8        present testimony concerning:
 9                  a.  Whether  they  are  abused,  neglected   or
10             dependent.
11                  b.  Whether  there  is  "immediate  and  urgent
12             necessity" to be removed from home.
13                  c.  Their best interests.
14             3.  To cross examine witnesses for other parties.
15             4.  To  obtain an explanation of any proceedings and
16        orders of the court.
17        (4)  If   the   parent,   guardian,   legal    custodian,
18    responsible  relative,  or  counsel of the minor did not have
19    actual notice of or was  not  present  at  the  shelter  care
20    hearing,  he or she may file an affidavit setting forth these
21    facts, and the clerk shall set the matter for  rehearing  not
22    later  than  48  hours, excluding Sundays and legal holidays,
23    after the filing of the  affidavit.  At  the  rehearing,  the
24    court  shall  proceed in the same manner as upon the original
25    hearing.
26        (5)  Only when there is reasonable cause to believe  that
27    the  minor  taken  into  custody  is  a  person  described in
28    subsection (3) of Section 5-105 may  the  minor  be  kept  or
29    detained  in  a  detention  home or county or municipal jail.
30    This Section shall in no way be construed to limit subsection
31    (6).
32        (6)  No minor under 16 years of age may be confined in  a
33    jail   or  place  ordinarily  used  for  the  confinement  of
34    prisoners in a police station.  Minors under 18 17  years  of
 
                            -34-     LRB093 06576 RLC 14074 a
 1    age must be kept separate from confined adults and may not at
 2    any  time be kept in the same cell, room, or yard with adults
 3    confined pursuant to the criminal law.
 4        (7)  If the  minor  is  not  brought  before  a  judicial
 5    officer within the time period specified in Section 3-11, the
 6    minor must immediately be released from custody.
 7        (8)  If neither the parent, guardian or custodian appears
 8    within  24  hours  to  take  custody of a minor released upon
 9    request pursuant to subsection (2) of this Section, then  the
10    clerk  of  the  court  shall set the matter for rehearing not
11    later than 7 days after the original order and shall issue  a
12    summons  directed  to  the  parent,  guardian or custodian to
13    appear.  At the same  time  the  probation  department  shall
14    prepare  a  report  on  the  minor.  If a parent, guardian or
15    custodian does not appear at such rehearing,  the  judge  may
16    enter  an  order  prescribing  that  the  minor  be kept in a
17    suitable place designated by the Department of  Children  and
18    Family Services or a licensed child welfare agency.
19        (9)  Notwithstanding any other provision of this Section,
20    any  interested  party,  including  the  State, the temporary
21    custodian, an agency  providing  services  to  the  minor  or
22    family  under  a  service plan pursuant to Section 8.2 of the
23    Abused and Neglected Child Reporting Act, foster  parent,  or
24    any  of  their  representatives,  on  notice  to  all parties
25    entitled to notice, may file a motion to modify or  vacate  a
26    temporary custody order on any of the following grounds:
27             (a)  It  is  no  longer  a  matter  of immediate and
28        urgent necessity that the minor remain in  shelter  care;
29        or
30             (b)  There is a material change in the circumstances
31        of  the  natural family from which the minor was removed;
32        or
33             (c)  A person, including a parent, relative or legal
34        guardian, is capable of assuming temporary custody of the
 
                            -35-     LRB093 06576 RLC 14074 a
 1        minor; or
 2             (d)  Services provided by the Department of Children
 3        and Family Services or a child welfare  agency  or  other
 4        service  provider have been successful in eliminating the
 5        need for temporary custody.
 6        The clerk shall set the matter for hearing not later than
 7    14 days after such motion is filed.  In the  event  that  the
 8    court  modifies or vacates a temporary custody order but does
 9    not vacate its finding of probable cause, the court may order
10    that appropriate services be continued or initiated in behalf
11    of the minor and his or her family.
12    (Source: P.A. 90-590, eff. 1-1-99.)

13        (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
14        Sec. 4-9.  Shelter care hearing.  At  the  appearance  of
15    the  minor  before the court at the shelter care hearing, all
16    witnesses present shall  be  examined  before  the  court  in
17    relation to any matter connected with the allegations made in
18    the petition.
19        (1)  If  the court finds that there is not probable cause
20    to believe that the minor is addicted, it shall  release  the
21    minor and dismiss the petition.
22        (2)  If  the  court finds that there is probable cause to
23    believe that the minor is addicted, the  minor,  his  or  her
24    parent,  guardian,  custodian  and other persons able to give
25    relevant testimony shall be examined before the court.  After
26    such testimony, the court may enter an order that  the  minor
27    shall  be  released upon the request of a parent, guardian or
28    custodian if the parent, guardian  or  custodian  appears  to
29    take  custody  and  agrees  to  abide  by a court order which
30    requires the minor and his or her parent, guardian, or  legal
31    custodian  to complete an evaluation by an entity licensed by
32    the Department of Human Services, as  the  successor  to  the
33    Department  of  Alcoholism  and Substance Abuse, and complete
 
                            -36-     LRB093 06576 RLC 14074 a
 1    any treatment recommendations indicated  by  the  assessment.
 2    Custodian  shall  include  any  agency of the State which has
 3    been given custody or wardship of the child.
 4        The Court shall require documentation by  representatives
 5    of  the  Department  of  Children  and Family Services or the
 6    probation department as to the reasonable efforts  that  were
 7    made  to prevent or eliminate the necessity of removal of the
 8    minor from his or her home, and shall consider the  testimony
 9    of  any  person as to those reasonable efforts.  If the court
10    finds that it is a matter of immediate and  urgent  necessity
11    for  the protection of the minor or of the person or property
12    of another that the minor be or  placed  in  a  shelter  care
13    facility or that he or she is likely to flee the jurisdiction
14    of the court, and further, finds that reasonable efforts have
15    been made or good cause has been shown why reasonable efforts
16    cannot  prevent  or eliminate the necessity of removal of the
17    minor from his or her home, the court may  prescribe  shelter
18    care  and  order  that  the minor be kept in a suitable place
19    designated by  the  court  or  in  a  shelter  care  facility
20    designated  by the Department of Children and Family Services
21    or a licensed child welfare  agency,  or  in  a  facility  or
22    program  licensed  by  the  Department  of Human Services for
23    shelter and treatment services; otherwise  it  shall  release
24    the  minor  from  custody.   If  the court prescribes shelter
25    care, then in placing the  minor,  the  Department  or  other
26    agency  shall,  to  the  extent  compatible  with the court's
27    order, comply with Section  7  of  the  Children  and  Family
28    Services  Act.   If  the minor is ordered placed in a shelter
29    care facility  of  the  Department  of  Children  and  Family
30    Services or a licensed child welfare agency, or in a facility
31    or  program  licensed by the Department of Human Services for
32    shelter and treatment services, the court shall, upon request
33    of the appropriate Department or other  agency,  appoint  the
34    Department  of  Children  and  Family  Services  Guardianship
 
                            -37-     LRB093 06576 RLC 14074 a
 1    Administrator or other appropriate agency executive temporary
 2    custodian  of  the  minor  and the court may enter such other
 3    orders related to the temporary custody as it deems  fit  and
 4    proper,  including  the provision of services to the minor or
 5    his family to  ameliorate  the  causes  contributing  to  the
 6    finding  of probable cause or to the finding of the existence
 7    of immediate and urgent necessity.   Acceptance  of  services
 8    shall  not  be considered an admission of any allegation in a
 9    petition made pursuant to this Act, nor  may  a  referral  of
10    services be considered as evidence in any proceeding pursuant
11    to this Act, except where the issue is whether the Department
12    has made reasonable efforts to reunite the family.  In making
13    its  findings  that reasonable efforts have been made or that
14    good cause has  been  shown  why  reasonable  efforts  cannot
15    prevent  or  eliminate  the necessity of removal of the minor
16    from his or her home, the court shall state  in  writing  its
17    findings  concerning  the  nature  of  the services that were
18    offered or the efforts that were made to prevent  removal  of
19    the  child  and  the  apparent  reasons that such services or
20    efforts could not prevent the need for removal.  The parents,
21    guardian, custodian, temporary custodian and minor shall each
22    be furnished a copy of such written findings.  The  temporary
23    custodian  shall  maintain  a  copy  of  the  court order and
24    written findings in the case record for the child. The  order
25    together with the court's findings of fact in support thereof
26    shall be entered of record in the court.
27        Once the court finds that it is a matter of immediate and
28    urgent  necessity  for  the  protection of the minor that the
29    minor be placed in a shelter care facility, the  minor  shall
30    not  be  returned  to the parent, custodian or guardian until
31    the court finds that such placement is  no  longer  necessary
32    for the protection of the minor.
33        (3)  If  neither  the  parent, guardian, legal custodian,
34    responsible relative nor counsel of the minor has had  actual
 
                            -38-     LRB093 06576 RLC 14074 a
 1    notice  of  or  is present at the shelter care hearing, he or
 2    she may file his or her affidavit setting forth these  facts,
 3    and  the  clerk  shall set the matter for rehearing not later
 4    than 24 hours, excluding Sundays and  legal  holidays,  after
 5    the  filing  of  the  affidavit.  At the rehearing, the court
 6    shall proceed  in  the  same  manner  as  upon  the  original
 7    hearing.
 8        (4)  If the  minor  is  not  brought  before  a  judicial
 9    officer  within  the time period as specified in Section 4-8,
10    the minor must immediately be released from custody.
11        (5)  Only when there is reasonable cause to believe  that
12    the  minor  taken  into  custody  is  a  person  described in
13    subsection (3) of Section 5-105 may  the  minor  be  kept  or
14    detained  in  a  detention  home or county or municipal jail.
15    This Section shall in no way be construed to limit subsection
16    (6).
17        (6)  No minor under 16 years of age may be confined in  a
18    jail   or  place  ordinarily  used  for  the  confinement  of
19    prisoners in a police station.  Minors under 18 17  years  of
20    age must be kept separate from confined adults and may not at
21    any  time  be kept in the same cell, room or yard with adults
22    confined pursuant to the criminal law.
23        (7)  If neither the parent, guardian or custodian appears
24    within 24 hours to take custody  of  a  minor  released  upon
25    request  pursuant to subsection (2) of this Section, then the
26    clerk of the court shall set the  matter  for  rehearing  not
27    later  than 7 days after the original order and shall issue a
28    summons directed to the  parent,  guardian  or  custodian  to
29    appear.   At  the  same  time  the probation department shall
30    prepare a report on the minor.   If  a  parent,  guardian  or
31    custodian  does  not  appear at such rehearing, the judge may
32    enter an order prescribing  that  the  minor  be  kept  in  a
33    suitable  place  designated by the Department of Children and
34    Family Services or a licensed child welfare agency.
 
                            -39-     LRB093 06576 RLC 14074 a
 1        (8)  Any  interested  party,  including  the  State,  the
 2    temporary custodian, an  agency  providing  services  to  the
 3    minor  or family under a service plan pursuant to Section 8.2
 4    of the Abused  and  Neglected  Child  Reporting  Act,  foster
 5    parent, or any of their representatives, may file a motion to
 6    modify  or  vacate  a  temporary  custody order on any of the
 7    following grounds:
 8             (a)  It is no  longer  a  matter  of  immediate  and
 9        urgent  necessity  that the minor remain in shelter care;
10        or
11             (b)  There is a material change in the circumstances
12        of the natural family from which the minor  was  removed;
13        or
14             (c)  A person, including a parent, relative or legal
15        guardian, is capable of assuming temporary custody of the
16        minor; or
17             (d)  Services provided by the Department of Children
18        and  Family  Services  or a child welfare agency or other
19        service provider have been successful in eliminating  the
20        need for temporary custody.
21        The clerk shall set the matter for hearing not later than
22    14  days  after  such motion is filed.  In the event that the
23    court modifies or vacates a temporary custody order but  does
24    not vacate its finding of probable cause, the court may order
25    that appropriate services be continued or initiated in behalf
26    of the minor and his or her family.
27    (Source:  P.A.  89-422;  89-507,  eff.  7-1-97;  90-590, eff.
28    1-1-99.)

29        (705 ILCS 405/5-105)
30        Sec. 5-105.  Definitions. As used in this Article:
31        (1)  "Court" means the circuit  court  in  a  session  or
32    division  assigned  to  hear  proceedings under this Act, and
33    includes the term Juvenile Court.
 
                            -40-     LRB093 06576 RLC 14074 a
 1        (2)  "Community service" means uncompensated labor for  a
 2    community service agency as hereinafter defined.
 3        (2.5)  "Community  service agency" means a not-for-profit
 4    organization,  community  organization,  church,   charitable
 5    organization, individual, public office, or other public body
 6    whose  purpose is to enhance the physical or mental health of
 7    a delinquent minor  or  to  rehabilitate  the  minor,  or  to
 8    improve  the  environmental  quality or social welfare of the
 9    community which  agrees  to  accept  community  service  from
10    juvenile  delinquents  and  to  report on the progress of the
11    community service to the  State's  Attorney  pursuant  to  an
12    agreement  or to the court or to any agency designated by the
13    court  or  to  the  authorized  diversion  program  that  has
14    referred the delinquent minor for community service.
15        (3)  "Delinquent minor" means any minor who prior to  his
16    or  her  18th  17th  birthday  has  violated  or attempted to
17    violate, regardless of where the act occurred, any federal or
18    State law, county or municipal ordinance.
19        (4)  "Department" means the Department of Human  Services
20    unless specifically referenced as another department.
21        (5)  "Detention"  means the temporary care of a minor who
22    is alleged to be or has been adjudicated delinquent  and  who
23    requires secure custody for the minor's own protection or the
24    community's  protection  in a facility designed to physically
25    restrict the minor's movements, pending  disposition  by  the
26    court  or execution of an order of the court for placement or
27    commitment.   Design  features   that   physically   restrict
28    movement  include,  but  are not limited to, locked rooms and
29    the secure  handcuffing  of  a  minor  to  a  rail  or  other
30    stationary  object.   In  addition,  "detention" includes the
31    court ordered care of an alleged  or  adjudicated  delinquent
32    minor  who  requires secure custody pursuant to Section 5-125
33    of this Act.
34        (6)  "Diversion"  means  the  referral  of  a   juvenile,
 
                            -41-     LRB093 06576 RLC 14074 a
 1    without  court  intervention,  into  a  program that provides
 2    services designed to  educate  the  juvenile  and  develop  a
 3    productive   and   responsible  approach  to  living  in  the
 4    community.
 5        (7)  "Juvenile detention home" means  a  public  facility
 6    with  specially  trained  staff  that  conforms to the county
 7    juvenile detention standards promulgated by the Department of
 8    Corrections.
 9        (8)  "Juvenile  justice  continuum"  means   a   set   of
10    delinquency prevention programs and services designed for the
11    purpose  of preventing or reducing delinquent acts, including
12    criminal activity by youth gangs, as  well  as  intervention,
13    rehabilitation,  and  prevention  services targeted at minors
14    who have committed  delinquent  acts,  and  minors  who  have
15    previously  been  committed to residential treatment programs
16    for       delinquents.        The        term        includes
17    children-in-need-of-services and families-in-need-of-services
18    programs; aftercare and reentry services; substance abuse and
19    mental health programs; community service programs; community
20    service  work  programs;  and  alternative-dispute resolution
21    programs  serving  youth-at-risk  of  delinquency  and  their
22    families, whether offered or  delivered  by  State  or  local
23    governmental   entities,  public  or  private  for-profit  or
24    not-for-profit  organizations,  or  religious  or  charitable
25    organizations.  This term would also encompass any program or
26    service consistent with the purpose  of  those  programs  and
27    services enumerated in this subsection.
28        (9)  "Juvenile  police  officer"  means  a  sworn  police
29    officer  who  has  completed a Basic Recruit Training Course,
30    has been assigned to the position of juvenile police  officer
31    by his or her chief law enforcement officer and has completed
32    the necessary juvenile officers training as prescribed by the
33    Illinois  Law Enforcement Training Standards Board, or in the
34    case of a State police  officer,  juvenile  officer  training
 
                            -42-     LRB093 06576 RLC 14074 a
 1    approved by the Director of State Police.
 2        (10)  "Minor"  means  a  person under the age of 21 years
 3    subject to this Act.
 4        (11)  "Non-secure custody" means  confinement  where  the
 5    minor  is  not  physically  restricted  by  being placed in a
 6    locked cell or room, by being handcuffed to a rail  or  other
 7    stationary object, or by other means.  Non-secure custody may
 8    include, but is not limited to, electronic monitoring, foster
 9    home  placement,  home  confinement, group home placement, or
10    physical restriction of movement or activity  solely  through
11    facility staff.
12        (12)  "Public  or  community service" means uncompensated
13    labor for a not-for-profit organization or public body  whose
14    purpose  is  to  enhance  physical or mental stability of the
15    offender, environmental quality or  the  social  welfare  and
16    which  agrees  to  accept  public  or  community service from
17    offenders and to report on the progress of the  offender  and
18    the  public  or  community  service  to  the  court or to the
19    authorized diversion program that has referred  the  offender
20    for public or community service.
21        (13)  "Sentencing  hearing"  means a hearing to determine
22    whether a minor should be adjudged a ward of the  court,  and
23    to  determine  what  sentence should be imposed on the minor.
24    It is the intent  of  the  General  Assembly  that  the  term
25    "sentencing hearing" replace the term "dispositional hearing"
26    and  be synonymous with that definition as it was used in the
27    Juvenile Court Act of 1987.
28        (14)  "Shelter" means the temporary care of  a  minor  in
29    physically unrestricting facilities pending court disposition
30    or execution of court order for placement.
31        (15)  "Site"  means a not-for-profit organization, public
32    body, church, charitable organization, or individual agreeing
33    to accept community service from offenders and to  report  on
34    the  progress  of  ordered  or  required  public or community
 
                            -43-     LRB093 06576 RLC 14074 a
 1    service to the court or to the authorized  diversion  program
 2    that  has  referred  the  offender  for  public  or community
 3    service.
 4        (16)  "Station adjustment" means the informal  or  formal
 5    handling of an alleged offender by a juvenile police officer.
 6        (17)  "Trial"  means  a  hearing to determine whether the
 7    allegations of a petition under Section 5-520 that a minor is
 8    delinquent are proved beyond a reasonable doubt.  It  is  the
 9    intent  of the General Assembly that the term "trial" replace
10    the term "adjudicatory hearing" and be synonymous  with  that
11    definition as it was used in the Juvenile Court Act of 1987.
12    (Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)

13        (705 ILCS 405/5-120)
14        Sec.  5-120.  Exclusive  jurisdiction. Proceedings may be
15    instituted under the provisions of  this  Article  concerning
16    any  minor  who  prior  to the minor's 18th 17th birthday has
17    violated or attempted to violate, regardless of where the act
18    occurred, any federal or State law  or  municipal  or  county
19    ordinance.   Except  as  provided  in  Sections 5-125, 5-130,
20    5-805, and 5-810 of this Article, no minor who was  under  18
21    17  years  of  age  at the time of the alleged offense may be
22    prosecuted under the criminal laws of this State.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-130)
25        Sec.  5-130.  Excluded jurisdiction.
26        (1) (a)  The definition of delinquent minor under Section
27    5-120 of this Article shall not apply to any minor who at the
28    time of an offense was at least 15 years of age  and  who  is
29    charged  with first degree murder, aggravated criminal sexual
30    assault, or aggravated battery with a firearm committed in  a
31    school,  on  the  real  property  comprising a school, within
32    1,000 feet of the real property comprising  a  school,  at  a
 
                            -44-     LRB093 06576 RLC 14074 a
 1    school  related  activity, or on, boarding, or departing from
 2    any conveyance owned, leased, or contracted by  a  school  or
 3    school  district to transport students to or from school or a
 4    school related activity regardless of the time of day or time
 5    of year that the offense was committed,  armed  robbery  when
 6    the armed robbery was committed with a firearm, or aggravated
 7    vehicular  hijacking  when the hijacking was committed with a
 8    firearm.
 9        These charges and all other charges arising  out  of  the
10    same  incident shall be prosecuted under the criminal laws of
11    this State.
12        For purposes of this paragraph (a) of subsection (l):
13        "School"  means  a  public  or  private   elementary   or
14    secondary school, community college, college, or university.
15        "School  related  activity"  means  any sporting, social,
16    academic or other activity for which students' attendance  or
17    participation  is sponsored, organized, or funded in whole or
18    in part by a school or school district.
19        (b) (i)  If  before  trial  or  plea  an  information  or
20    indictment is filed that does not charge an offense specified
21    in paragraph (a) of this subsection (1) the State's  Attorney
22    may  proceed  on  any  lesser  charge or charges, but only in
23    Juvenile Court under the provisions  of  this  Article.   The
24    State's  Attorney may proceed under the Criminal Code of 1961
25    on a lesser  charge  if  before  trial  the  minor  defendant
26    knowingly  and with advice of counsel waives, in writing, his
27    or her right to have the matter proceed in Juvenile Court.
28        (ii)  If  before  trial  or  plea   an   information   or
29    indictment  is  filed  that  includes  one  or  more  charges
30    specified  in  paragraph  (a)  of  this  subsection  (1)  and
31    additional  charges that are not specified in that paragraph,
32    all of the charges arising out of the same incident shall  be
33    prosecuted under the Criminal Code of 1961.
34        (c) (i)  If after trial or plea the minor is convicted of
 
                            -45-     LRB093 06576 RLC 14074 a
 1    any  offense covered by paragraph (a) of this subsection (1),
 2    then, in sentencing the minor, the court shall have available
 3    any or all dispositions prescribed  for  that  offense  under
 4    Chapter V of the Unified Code of Corrections.
 5        (ii)  If  after  trial  or  plea the court finds that the
 6    minor committed an offense not covered by  paragraph  (a)  of
 7    this  subsection  (1),  that finding shall not invalidate the
 8    verdict or the prosecution of the minor  under  the  criminal
 9    laws  of  the  State;   however,  unless the State requests a
10    hearing for the purpose of sentencing the minor under Chapter
11    V of the Unified Code of Corrections, the Court must  proceed
12    under Sections 5-705 and 5-710 of this Article.  To request a
13    hearing,  the State must file a written motion within 10 days
14    following the entry of a finding or the return of a  verdict.
15    Reasonable  notice  of the motion shall be given to the minor
16    or his or her counsel. If the motion is made  by  the  State,
17    the  court  shall conduct a hearing to determine if the minor
18    should be sentenced under Chapter V of the  Unified  Code  of
19    Corrections.   In  making  its determination, the court shall
20    consider among other matters: (a) whether there  is  evidence
21    that   the   offense  was  committed  in  an  aggressive  and
22    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
23    previous   history  of  the  minor;  (d)  whether  there  are
24    facilities particularly available to the  Juvenile  Court  or
25    the  Department  of  Corrections,  Juvenile Division, for the
26    treatment and rehabilitation of the minor;  (e)  whether  the
27    security of the public requires sentencing under Chapter V of
28    the  Unified  Code  of Corrections; and (f) whether the minor
29    possessed a deadly weapon when committing the  offense.   The
30    rules of evidence shall be the same as if at trial.  If after
31    the  hearing  the  court  finds  that  the  minor  should  be
32    sentenced under Chapter V of the Unified Code of Corrections,
33    then  the  court  shall sentence the minor accordingly having
34    available to it any or all dispositions so prescribed.
 
                            -46-     LRB093 06576 RLC 14074 a
 1        (2) (Blank). (a)  The definition of  a  delinquent  minor
 2    under  Section  5-120  of this Article shall not apply to any
 3    minor who at the time of the offense was at least 15 years of
 4    age and who is charged with an offense under Section  401  of
 5    the  Illinois  Controlled  Substances Act, while in a school,
 6    regardless of the time of day or the time  of  year,  or  any
 7    conveyance  owned,  leased  or  contracted  by  a  school  to
 8    transport  students  to  or  from  school or a school related
 9    activity, or residential property owned, operated or  managed
10    by  a  public  housing  agency  or leased by a public housing
11    agency  as  part  of  a  scattered   site   or   mixed-income
12    development,  on  the  real  property  comprising any school,
13    regardless of the time  of  day  or  the  time  of  year,  or
14    residential  property  owned, operated or managed by a public
15    housing agency or leased by a public housing agency  as  part
16    of  a  scattered  site  or  mixed-income development, or on a
17    public way within 1,000 feet of the real property  comprising
18    any  school,  regardless  of  the  time of day or the time of
19    year, or residential property owned, operated or managed by a
20    public housing agency or leased by a public housing agency as
21    part of a scattered site or mixed-income development.  School
22    is defined, for the purposes of this Section, as  any  public
23    or private elementary or secondary school, community college,
24    college,  or university.  These charges and all other charges
25    arising out of the same incident shall  be  prosecuted  under
26    the criminal laws of this State.
27        (b) (i)  If  before  trial  or  plea  an  information  or
28    indictment is filed that does not charge an offense specified
29    in  paragraph (a) of this subsection (2) the State's Attorney
30    may proceed on any lesser charge  or  charges,  but  only  in
31    Juvenile  Court  under  the  provisions of this Article.  The
32    State's Attorney may proceed under the criminal laws of  this
33    State  on a lesser charge if before trial the minor defendant
34    knowingly and with advice of counsel waives, in writing,  his
 
                            -47-     LRB093 06576 RLC 14074 a
 1    or her right to have the matter proceed in Juvenile Court.
 2        (ii)  If   before   trial   or  plea  an  information  or
 3    indictment  is  filed  that  includes  one  or  more  charges
 4    specified  in  paragraph  (a)  of  this  subsection  (2)  and
 5    additional charges that are not specified in that  paragraph,
 6    all  of the charges arising out of the same incident shall be
 7    prosecuted under the criminal laws of this State.
 8        (c) (i)  If after trial or plea the minor is convicted of
 9    any offense covered by paragraph (a) of this subsection  (2),
10    then, in sentencing the minor, the court shall have available
11    any  or  all  dispositions  prescribed for that offense under
12    Chapter V of the Unified Code of Corrections.
13        (ii)  If after trial or plea the  court  finds  that  the
14    minor  committed  an  offense not covered by paragraph (a) of
15    this subsection (2), that finding shall  not  invalidate  the
16    verdict  or  the  prosecution of the minor under the criminal
17    laws of the State;  however,  unless  the  State  requests  a
18    hearing for the purpose of sentencing the minor under Chapter
19    V  of the Unified Code of Corrections, the Court must proceed
20    under Sections 5-705 and 5-710 of this Article.  To request a
21    hearing, the State must file a written motion within 10  days
22    following  the entry of a finding or the return of a verdict.
23    Reasonable notice of the motion shall be given to  the  minor
24    or  his  or her counsel.  If the motion is made by the State,
25    the court shall conduct a hearing to determine if  the  minor
26    should  be  sentenced  under Chapter V of the Unified Code of
27    Corrections.  In making its determination,  the  court  shall
28    consider  among  other matters: (a) whether there is evidence
29    that  the  offense  was  committed  in  an   aggressive   and
30    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
31    previous  history  of  the  minor;  (d)  whether  there   are
32    facilities  particularly  available  to the Juvenile Court or
33    the Department of Corrections,  Juvenile  Division,  for  the
34    treatment  and  rehabilitation  of the minor; (e) whether the
 
                            -48-     LRB093 06576 RLC 14074 a
 1    security of the public requires sentencing under Chapter V of
 2    the Unified Code of Corrections; and (f)  whether  the  minor
 3    possessed  a  deadly weapon when committing the offense.  The
 4    rules of evidence shall be the same as if at trial.  If after
 5    the  hearing  the  court  finds  that  the  minor  should  be
 6    sentenced under Chapter V of the Unified Code of Corrections,
 7    then the court shall sentence the  minor  accordingly  having
 8    available to it any or all dispositions so prescribed.
 9        (3) (Blank).  (a)  The  definition  of  delinquent  minor
10    under  Section  5-120  of this Article shall not apply to any
11    minor who at the time of the offense was at least 15 years of
12    age and who is charged with a violation of the provisions  of
13    paragraph (1), (3), (4), or (10) of subsection (a) of Section
14    24-1 of the Criminal Code of 1961 while in school, regardless
15    of  the  time  of  day  or  the  time of year, or on the real
16    property comprising any school, regardless of the time of day
17    or the time of year.  School is defined, for purposes of this
18    Section as any public  or  private  elementary  or  secondary
19    school,  community  college,  college,  or university.  These
20    charges and  all  other  charges  arising  out  of  the  same
21    incident  shall be prosecuted under the criminal laws of this
22    State.
23        (b) (i)  If  before  trial  or  plea  an  information  or
24    indictment is filed that does not charge an offense specified
25    in paragraph (a) of this subsection (3) the State's  Attorney
26    may  proceed  on  any  lesser  charge or charges, but only in
27    Juvenile Court under the provisions  of  this  Article.   The
28    State's  Attorney may proceed under the criminal laws of this
29    State on a lesser charge if before trial the minor  defendant
30    knowingly  and with advice of counsel waives, in writing, his
31    or her right to have the matter proceed in Juvenile Court.
32        (ii)  If  before  trial  or  plea   an   information   or
33    indictment  is  filed  that  includes  one  or  more  charges
34    specified  in  paragraph  (a)  of  this  subsection  (3)  and
 
                            -49-     LRB093 06576 RLC 14074 a
 1    additional  charges that are not specified in that paragraph,
 2    all of the charges arising out of the same incident shall  be
 3    prosecuted under the criminal laws of this State.
 4        (c) (i)  If after trial or plea the minor is convicted of
 5    any  offense covered by paragraph (a) of this subsection (3),
 6    then, in sentencing the minor, the court shall have available
 7    any or all dispositions prescribed  for  that  offense  under
 8    Chapter V of the Unified Code of Corrections.
 9        (ii)  If  after  trial  or  plea the court finds that the
10    minor committed an offense not covered by  paragraph  (a)  of
11    this  subsection  (3),  that finding shall not invalidate the
12    verdict or the prosecution of the minor  under  the  criminal
13    laws  of  the  State;   however,  unless the State requests a
14    hearing for the purpose of sentencing the minor under Chapter
15    V of the Unified Code of Corrections, the Court must  proceed
16    under Sections 5-705 and 5-710 of this Article.  To request a
17    hearing,  the State must file a written motion within 10 days
18    following the entry of a finding or the return of a  verdict.
19    Reasonable  notice  of the motion shall be given to the minor
20    or his or her counsel.  If the motion is made by  the  State,
21    the  court  shall conduct a hearing to determine if the minor
22    should be sentenced under Chapter V of the  Unified  Code  of
23    Corrections.   In  making  its determination, the court shall
24    consider among other matters: (a) whether there  is  evidence
25    that   the   offense  was  committed  in  an  aggressive  and
26    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
27    previous   history  of  the  minor;  (d)  whether  there  are
28    facilities particularly available to the  Juvenile  Court  or
29    the  Department  of  Corrections,  Juvenile Division, for the
30    treatment and rehabilitation of the minor;  (e)  whether  the
31    security of the public requires sentencing under Chapter V of
32    the  Unified  Code  of Corrections; and (f) whether the minor
33    possessed a deadly weapon when committing the  offense.   The
34    rules of evidence shall be the same as if at trial.  If after
 
                            -50-     LRB093 06576 RLC 14074 a
 1    the  hearing  the  court  finds  that  the  minor  should  be
 2    sentenced under Chapter V of the Unified Code of Corrections,
 3    then  the  court  shall sentence the minor accordingly having
 4    available to it any or all dispositions so prescribed.
 5        (4) (Blank).  (a)  The  definition  of  delinquent  minor
 6    under Section 5-120 of this Article shall not  apply  to  any
 7    minor  who at the time of an offense was at least 13 years of
 8    age and who is charged with  first  degree  murder  committed
 9    during  the  course  of  either  aggravated  criminal  sexual
10    assault,  criminal  sexual  assault, or aggravated kidnaping.
11    However, this subsection (4) does not include a minor charged
12    with  first  degree  murder  based   exclusively   upon   the
13    accountability provisions of the Criminal Code of 1961.
14        (b) (i)  If  before  trial  or  plea  an  information  or
15    indictment  is filed that does not charge first degree murder
16    committed during the course  of  aggravated  criminal  sexual
17    assault,  criminal  sexual  assault, or aggravated kidnaping,
18    the State's Attorney may proceed  on  any  lesser  charge  or
19    charges,  but  only in Juvenile Court under the provisions of
20    this Article.  The State's Attorney  may  proceed  under  the
21    criminal  laws  of  this  State  on a lesser charge if before
22    trial the  minor  defendant  knowingly  and  with  advice  of
23    counsel  waives,  in  writing,  his  or her right to have the
24    matter proceed in Juvenile Court.
25        (ii)  If  before  trial  or  plea   an   information   or
26    indictment   is  filed  that  includes  first  degree  murder
27    committed during the course  of  aggravated  criminal  sexual
28    assault,  criminal  sexual  assault, or aggravated kidnaping,
29    and additional charges that are not  specified  in  paragraph
30    (a) of this subsection, all of the charges arising out of the
31    same  incident shall be prosecuted under the criminal laws of
32    this State.
33        (c) (i)  If after trial or plea the minor is convicted of
34    first degree murder committed during the course of aggravated
 
                            -51-     LRB093 06576 RLC 14074 a
 1    criminal  sexual  assault,  criminal   sexual   assault,   or
 2    aggravated  kidnaping,  in  sentencing  the  minor, the court
 3    shall have available any or all dispositions  prescribed  for
 4    that  offense  under  Chapter  V   of  the  Unified  Code  of
 5    Corrections.
 6        (ii)  If  the  minor  was  not yet 15 years of age at the
 7    time of the offense, and if after trial  or  plea  the  court
 8    finds  that  the  minor committed an offense other than first
 9    degree  murder  committed  during  the   course   of   either
10    aggravated  criminal sexual assault, criminal sexual assault,
11    or aggravated kidnapping, the finding  shall  not  invalidate
12    the  verdict  or  the  prosecution  of  the  minor  under the
13    criminal  laws  of  the  State;  however,  unless  the  State
14    requests a hearing for the purpose of  sentencing  the  minor
15    under Chapter V of the Unified Code of Corrections, the Court
16    must  proceed under Sections 5-705 and 5-710 of this Article.
17    To request a hearing, the State must file  a  written  motion
18    within 10 days following the entry of a finding or the return
19    of a verdict.  Reasonable notice of the motion shall be given
20    to the minor or his or her counsel.  If the motion is made by
21    the  State,  the  court  shall conduct a hearing to determine
22    whether the minor should be sentenced under Chapter V of  the
23    Unified  Code  of  Corrections.  In making its determination,
24    the court shall consider among other  matters:   (a)  whether
25    there  is  evidence  that  the  offense  was  committed in an
26    aggressive and premeditated  manner;   (b)  the  age  of  the
27    minor;   (c)  the  previous  delinquent history of the minor;
28    (d) whether there are facilities  particularly  available  to
29    the Juvenile Court or the Department of Corrections, Juvenile
30    Division,  for the treatment and rehabilitation of the minor;
31    (e) whether the best interest of the minor and  the  security
32    of  the  public  require  sentencing  under  Chapter V of the
33    Unified Code of  Corrections;   and  (f)  whether  the  minor
34    possessed  a  deadly weapon when committing the offense.  The
 
                            -52-     LRB093 06576 RLC 14074 a
 1    rules of evidence shall be the same as if at trial.  If after
 2    the  hearing  the  court  finds  that  the  minor  should  be
 3    sentenced under Chapter V of the Unified Code of Corrections,
 4    then the court shall sentence the  minor  accordingly  having
 5    available to it any or all dispositions so prescribed.
 6        (5) (a)  The definition of delinquent minor under Section
 7    5-120  of  this  Article  shall not apply to any minor who is
 8    charged with a violation of subsection (a) of Section 31-6 or
 9    Section 32-10 of the Criminal Code of 1961 when the minor  is
10    subject  to prosecution under the criminal laws of this State
11    as a result of the application of the provisions  of  Section
12    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
13    charges and  all  other  charges  arising  out  of  the  same
14    incident  shall be prosecuted under the criminal laws of this
15    State.
16        (b) (i)  If  before  trial  or  plea  an  information  or
17    indictment is filed that does not charge an offense specified
18    in paragraph (a) of this subsection (5), the State's Attorney
19    may proceed on any lesser charge  or  charges,  but  only  in
20    Juvenile  Court  under  the  provisions of this Article.  The
21    State's Attorney may proceed under the criminal laws of  this
22    State  on a lesser charge if before trial the minor defendant
23    knowingly and with advice of counsel waives, in writing,  his
24    or her right to have the matter proceed in Juvenile Court.
25        (ii)  If   before   trial   or  plea  an  information  or
26    indictment  is  filed  that  includes  one  or  more  charges
27    specified  in  paragraph  (a)  of  this  subsection  (5)  and
28    additional charges that are not specified in that  paragraph,
29    all  of the charges arising out of the same incident shall be
30    prosecuted under the criminal laws of this State.
31        (c) (i)  If after trial or plea the minor is convicted of
32    any offense covered by paragraph (a) of this subsection  (5),
33    then, in sentencing the minor, the court shall have available
34    any  or  all  dispositions  prescribed for that offense under
 
                            -53-     LRB093 06576 RLC 14074 a
 1    Chapter V  of the Unified Code of Corrections.
 2        (ii)  If after trial or plea the  court  finds  that  the
 3    minor  committed  an  offense not covered by paragraph (a) of
 4    this subsection (5), the conviction shall not invalidate  the
 5    verdict  or  the  prosecution of the minor under the criminal
 6    laws of this State;  however, unless  the  State  requests  a
 7    hearing for the purpose of sentencing the minor under Chapter
 8    V  of the Unified Code of Corrections, the Court must proceed
 9    under Sections 5-705 and 5-710 of this Article. To request  a
10    hearing,  the State must file a written motion within 10 days
11    following the entry of a finding or the return of a  verdict.
12    Reasonable  notice  of the motion shall be given to the minor
13    or his or her counsel.  If the motion is made by  the  State,
14    the court shall conduct a hearing to determine if whether the
15    minor should be sentenced under Chapter V of the Unified Code
16    of Corrections.  In making its determination, the court shall
17    consider  among  other matters: (a) whether there is evidence
18    that  the  offense  was  committed  in  an   aggressive   and
19    premeditated  manner;  (b)  the  age  of  the minor;  (c) the
20    previous delinquent history of the minor; (d)  whether  there
21    are  facilities  particularly available to the Juvenile Court
22    or the Department of Corrections, Juvenile Division, for  the
23    treatment  and  rehabilitation  of the minor; (e) whether the
24    security of the public requires sentencing under Chapter V of
25    the Unified Code of Corrections; and (f)  whether  the  minor
26    possessed  a  deadly weapon when committing the offense.  The
27    rules of evidence shall be the same as if at trial.  If after
28    the  hearing  the  court  finds  that  the  minor  should  be
29    sentenced under Chapter V of the Unified Code of Corrections,
30    then the court shall sentence the  minor  accordingly  having
31    available to it any or all dispositions so prescribed.
32        (6)  The  definition  of  delinquent  minor under Section
33    5-120 of this Article shall  not  apply  to  any  minor  who,
34    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
 
                            -54-     LRB093 06576 RLC 14074 a
 1    5-810, has previously been placed under the  jurisdiction  of
 2    the criminal court and has been convicted of a crime under an
 3    adult  criminal  or  penal  statute.  Such  a  minor shall be
 4    subject to prosecution under the criminal laws of this State.
 5        (7)  The procedures set  out  in  this  Article  for  the
 6    investigation,  arrest  and prosecution of juvenile offenders
 7    shall not apply to minors who are excluded from  jurisdiction
 8    of  the  Juvenile Court, except that minors under 17 years of
 9    age shall be kept separate from confined adults.
10        (8)  Nothing  in  this  Act  prohibits  or   limits   the
11    prosecution of any minor for an offense committed on or after
12    his or her 18th 17th birthday even though he or she is at the
13    time of the offense a ward of the court.
14        (9)  If an original petition for adjudication of wardship
15    alleges  the commission by a minor 13 years of age or over of
16    an act that constitutes a crime under the laws of this State,
17    the minor, with the consent of his or her  counsel,  may,  at
18    any  time  before  commencement  of the adjudicatory hearing,
19    file with the court a motion  that  criminal  prosecution  be
20    ordered and that the petition be dismissed insofar as the act
21    or  acts  involved in the criminal proceedings are concerned.
22    If such a motion is filed as herein provided, the court shall
23    enter its order accordingly.
24        (10)  (Blank). If a minor is subject to the provisions of
25    subsection (2) of this Section, other than  a  minor  charged
26    with  a  Class  X felony violation of the Illinois Controlled
27    Substances Act, any party including the minor  or  the  court
28    sua  sponte  may,  before  trial,  move for a hearing for the
29    purpose of trying and sentencing the minor  as  a  delinquent
30    minor.  To  request  a  hearing, the party must file a motion
31    prior to trial. Reasonable notice  of  the  motion  shall  be
32    given to all parties. On its own motion or upon the filing of
33    a motion by one of the parties including the minor, the court
34    shall conduct a hearing to determine whether the minor should
 
                            -55-     LRB093 06576 RLC 14074 a
 1    be  tried  and  sentenced  as  a  delinquent minor under this
 2    Article.  In  making  its  determination,  the  court   shall
 3    consider among other matters:
 4        (a)  The age of the minor;
 5        (b)  Any  previous  delinquent or criminal history of the
 6    minor;
 7        (c)  Any previous abuse or neglect history of the minor;
 8        (d)  Any mental health  or  educational  history  of  the
 9    minor, or both; and
10        (e)  Whether  there  is  probable  cause  to  support the
11    charge, whether the minor is charged through  accountability,
12    and  whether  there  is evidence the minor possessed a deadly
13    weapon or caused serious bodily harm during the offense.
14        Any material that  is  relevant  and  reliable  shall  be
15    admissible  at  the  hearing.   In all cases, the judge shall
16    enter an order permitting prosecution under the criminal laws
17    of Illinois unless the judge  makes  a  finding  based  on  a
18    preponderance  of  the  evidence  that  the  minor  would  be
19    amenable  to  the  care,  treatment,  and  training  programs
20    available  through the facilities of the juvenile court based
21    on an evaluation of the factors  listed  in  this  subsection
22    (10).
23    (Source:  P.A.  91-15,  eff.  1-1-00;  91-673, eff. 12-22-99;
24    92-16, eff. 6-28-01; 92-665, eff. 1-1-03.)

25        (705 ILCS 405/5-407)
26        Sec. 5-407.  Processing of juvenile in  possession  of  a
27    firearm.
28        (a)  If   a  law  enforcement  officer  detains  a  minor
29    pursuant to Section 10-27.1A of the School Code, the  officer
30    shall  deliver  the minor to the nearest juvenile officer, in
31    the manner prescribed by subsection (2) of Section  5-405  of
32    this  Act.   The  juvenile  officer  shall  deliver the minor
33    without unnecessary delay  to  the  court  or  to  the  place
 
                            -56-     LRB093 06576 RLC 14074 a
 1    designated  by  rule  or  order of court for the reception of
 2    minors.  In no event shall the  minor  be  eligible  for  any
 3    other   disposition   by   the   juvenile   police   officer,
 4    notwithstanding  the  provisions of subsection (3) of Section
 5    5-405 of this Act.
 6        (b)  Minors not excluded  from  this  Act's  jurisdiction
 7    under subsection (3)(a) of Section 5-130 of this Act shall be
 8    brought  before a judicial officer within 40 hours, exclusive
 9    of Saturdays, Sundays, and court-designated holidays,  for  a
10    detention  hearing  to  determine  whether he or she shall be
11    further held in custody.  If the court finds  that  there  is
12    probable  cause  to  believe  that  the minor is a delinquent
13    minor by virtue of his  or  her  violation  of  item  (4)  of
14    subsection  (a)  of Section 24-1 of the Criminal Code of 1961
15    while  on  school  grounds,  that  finding  shall  create   a
16    presumption  that immediate and urgent necessity exists under
17    subdivision (2) of Section  5-501  of  this  Act.   Once  the
18    presumption  of  immediate  and  urgent  necessity  has  been
19    raised, the burden of demonstrating the lack of immediate and
20    urgent  necessity  shall  be  on  any  party that is opposing
21    detention for the minor.  Should the  court  order  detention
22    pursuant  to  this  Section,  the  minor  shall  be detained,
23    pending  the  results  of   a   court-ordered   psychological
24    evaluation  to  determine  if the minor is a risk to himself,
25    herself, or  others.    Upon  receipt  of  the  psychological
26    evaluation,   the   court   shall  review  the  determination
27    regarding the existence of urgent  and  immediate  necessity.
28    The  court  shall  consider  the  psychological evaluation in
29    conjunction with the other factors identified in  subdivision
30    (2)  of  Section 5-501 of this Act in order to make a de novo
31    determination regarding whether it is a matter  of  immediate
32    and  urgent  necessity  for the protection of the minor or of
33    the person or property of another that the minor be  detained
34    or  placed  in  a  shelter care facility.  In addition to the
 
                            -57-     LRB093 06576 RLC 14074 a
 1    pre-trial conditions found in Section 5-505 of this Act,  the
 2    court may order the minor to receive counseling and any other
 3    services  recommended  by  the  psychological evaluation as a
 4    condition for release of the minor.
 5        (c)  Upon  making  a  determination  that   the   student
 6    presents  a  risk  to  himself, herself, or others, the court
 7    shall issue an order restraining the  student  from  entering
 8    the property of the school if he or she has been suspended or
 9    expelled from the school as a result of possessing a firearm.
10    The order shall restrain the student from entering the school
11    and school owned or leased property, including any conveyance
12    owned,  leased,  or  contracted  by  the  school to transport
13    students to or from school or a school-related activity.  The
14    order shall remain in effect until such  time  as  the  court
15    determines  that  the  student  no  longer presents a risk to
16    himself, herself, or others.
17        (d)  Psychological  evaluations   ordered   pursuant   to
18    subsection  (b)  of  this  Section and statements made by the
19    minor during the course of these evaluations,  shall  not  be
20    admissible  on  the issue of delinquency during the course of
21    any adjudicatory hearing held under this Act.
22        (e)  In this Section:
23        "School"  means  any  public  or  private  elementary  or
24    secondary school.
25        "School grounds" includes the  real  property  comprising
26    any  school, any conveyance owned, leased, or contracted by a
27    school  to  transport  students  to  or  from  school  or   a
28    school-related  activity, or any public way within 1,000 feet
29    of the real property comprising any school.
30    (Source: P.A. 91-11, eff. 6-4-99.)

31        (705 ILCS 405/5-410)
32        Sec. 5-410.  Non-secure custody or detention.
33        (1)  Any minor arrested or taken into custody pursuant to
 
                            -58-     LRB093 06576 RLC 14074 a
 1    this Act who requires care away from his or her home but  who
 2    does   not   require  physical  restriction  shall  be  given
 3    temporary care in a  foster  family  home  or  other  shelter
 4    facility designated by the court.
 5        (2) (a)  Any  minor  10  years  of  age or older arrested
 6    pursuant to this Act where there is probable cause to believe
 7    that the minor is a delinquent minor  and  that  (i)  secured
 8    custody is a matter of immediate and urgent necessity for the
 9    protection  of  the  minor  or  of  the person or property of
10    another, (ii) the minor is likely to flee the jurisdiction of
11    the court, or (iii) the minor was taken into custody under  a
12    warrant,  may  be kept or detained in an authorized detention
13    facility.  No minor under 12 years of age shall  be  detained
14    in a county jail or a municipal lockup for more than 6 hours.
15        (b)  The  written  authorization of the probation officer
16    or detention officer (or other public officer  designated  by
17    the  court  in a county having 3,000,000 or more inhabitants)
18    constitutes authority for the superintendent of any  juvenile
19    detention home to detain and keep a minor for up to 40 hours,
20    excluding  Saturdays,  Sundays and court-designated holidays.
21    These records shall be available  to  the  same  persons  and
22    pursuant  to  the  same  conditions  as  are  law enforcement
23    records as provided in Section 5-905.
24        (b-4)  The  consultation  required  by  subsection  (b-5)
25    shall not be applicable if the probation officer or detention
26    officer (or other public officer designated by the court in a
27    county having  3,000,000  or  more  inhabitants)  utilizes  a
28    scorable  detention  screening  instrument,  which  has  been
29    developed  with  input  by the State's Attorney, to determine
30    whether a minor should be detained, however, subsection (b-5)
31    shall still be applicable where no such screening  instrument
32    is used or where the probation officer, detention officer (or
33    other  public  officer  designated  by  the court in a county
34    having 3,000,000  or  more  inhabitants)  deviates  from  the
 
                            -59-     LRB093 06576 RLC 14074 a
 1    screening instrument.
 2        (b-5)  Subject  to the provisions of subsection (b-4), if
 3    a probation officer or detention  officer  (or  other  public
 4    officer  designated by the court in a county having 3,000,000
 5    or more inhabitants) does not intend to detain a minor for an
 6    offense which constitutes one of the following offenses he or
 7    she shall consult with the State's Attorney's Office prior to
 8    the release of the minor:  first degree murder, second degree
 9    murder, involuntary manslaughter,  criminal  sexual  assault,
10    aggravated criminal sexual assault, aggravated battery with a
11    firearm,  aggravated  or  heinous battery involving permanent
12    disability or disfigurement or great  bodily  harm,  robbery,
13    aggravated   robbery,  armed  robbery,  vehicular  hijacking,
14    aggravated vehicular hijacking,  vehicular  invasion,  arson,
15    aggravated  arson,  kidnapping,  aggravated  kidnapping, home
16    invasion, burglary, or residential burglary.
17        (c)  Except as otherwise provided in paragraph (a),  (d),
18    or  (e),  no  minor  shall  be  detained  in a county jail or
19    municipal lockup for more than 12 hours, unless  the  offense
20    is  a  crime  of  violence  in  which  case  the minor may be
21    detained up to 24 hours. For the purpose of  this  paragraph,
22    "crime of violence" has the meaning ascribed to it in Section
23    1-10  of  the  Alcoholism and Other Drug Abuse and Dependency
24    Act.
25        (i)  The period of detention is deemed to have begun once
26    the minor has been  placed  in  a  locked  room  or  cell  or
27    handcuffed  to  a  stationary  object in a building housing a
28    county jail or municipal lockup.  Time spent  transporting  a
29    minor  is  not  considered  to be time in detention or secure
30    custody.
31        (ii)  Any minor  so  confined  shall  be  under  periodic
32    supervision and shall not be permitted to come into or remain
33    in contact with adults in custody in the building.
34        (iii)  Upon  placement  in  secure  custody  in a jail or
 
                            -60-     LRB093 06576 RLC 14074 a
 1    lockup, the minor shall be informed of  the  purpose  of  the
 2    detention,  the time it is expected to last and the fact that
 3    it cannot exceed the time specified under this Act.
 4        (iv)  A log shall be kept which shows the  offense  which
 5    is the basis for the detention, the reasons and circumstances
 6    for  the  decision to detain and the length of time the minor
 7    was in detention.
 8        (v)  Violation of the time limit on detention in a county
 9    jail or municipal lockup shall not, in and of itself,  render
10    inadmissible  evidence  obtained as a result of the violation
11    of this time limit.  Minors under 18 17 years of age shall be
12    kept separate from confined adults and may not at any time be
13    kept in the same cell, room  or  yard  with  adults  confined
14    pursuant  to  criminal  law.   Persons 18 17 years of age and
15    older who have a petition of delinquency filed  against  them
16    shall be confined in an adult detention facility.
17        (d) (i)  If  a minor 12 years of age or older is confined
18    in a  county  jail  in  a  county  with  a  population  below
19    3,000,000  inhabitants, then the minor's confinement shall be
20    implemented in such a manner that there will be no contact by
21    sight,  sound  or  otherwise  between  the  minor  and  adult
22    prisoners.  Minors 12 years of age  or  older  must  be  kept
23    separate from confined adults and may not at any time be kept
24    in  the  same cell, room, or yard with confined adults.  This
25    paragraph (d)(i) shall only apply to confinement  pending  an
26    adjudicatory hearing and shall not exceed 40 hours, excluding
27    Saturdays,  Sundays and court designated holidays.  To accept
28    or hold minors during this time period,  county  jails  shall
29    comply  with  all  monitoring  standards  promulgated  by the
30    Department of Corrections and training standards approved  by
31    the Illinois Law Enforcement Training Standards Board.
32        (ii)  To accept or hold minors, 12 years of age or older,
33    after  the time period prescribed in paragraph (d)(i) of this
34    subsection (2) of this  Section  but  not  exceeding  7  days
 
                            -61-     LRB093 06576 RLC 14074 a
 1    including   Saturdays,   Sundays   and  holidays  pending  an
 2    adjudicatory hearing, county  jails  shall  comply  with  all
 3    temporary  detention  standards promulgated by the Department
 4    of  Corrections  and  training  standards  approved  by   the
 5    Illinois Law Enforcement Training Standards Board.
 6        (iii)  To accept or hold minors 12 years of age or older,
 7    after  the  time  period  prescribed in paragraphs (d)(i) and
 8    (d)(ii) of this subsection (2) of this Section, county  jails
 9    shall comply with all programmatic and training standards for
10    juvenile  detention  homes  promulgated  by the Department of
11    Corrections.
12        (e)  When a minor who is at least  15  years  of  age  is
13    prosecuted  under  the criminal laws of this State, the court
14    may enter an order directing that the juvenile be confined in
15    the county jail.   However,  any  juvenile  confined  in  the
16    county  jail  under  this  provision  shall be separated from
17    adults who are confined in the county jail in such  a  manner
18    that  there  will  be no contact by sight, sound or otherwise
19    between the juvenile and adult prisoners.
20        (f)  For purposes of appearing in a physical lineup,  the
21    minor may be taken to a county jail or municipal lockup under
22    the  direct  and  constant  supervision  of a juvenile police
23    officer.  During such time  as  is  necessary  to  conduct  a
24    lineup,  and  while  supervised by a juvenile police officer,
25    the sight and sound separation provisions shall not apply.
26        (g)  For purposes of processing a minor, the minor may be
27    taken to a County Jail or municipal lockup under  the  direct
28    and  constant  supervision  of  a  law enforcement officer or
29    correctional officer.  During such time as  is  necessary  to
30    process  the minor, and while supervised by a law enforcement
31    officer  or  correctional  officer,  the  sight   and   sound
32    separation provisions shall not apply.
33        (3)  If  the  probation  officer  or State's Attorney (or
34    such other public officer designated by the court in a county
 
                            -62-     LRB093 06576 RLC 14074 a
 1    having 3,000,000 or more  inhabitants)  determines  that  the
 2    minor  may  be  a delinquent minor as described in subsection
 3    (3) of Section 5-105, and should be retained in  custody  but
 4    does  not  require  physical  restriction,  the  minor may be
 5    placed in non-secure custody for up to  40  hours  pending  a
 6    detention hearing.
 7        (4)  Any   minor   taken   into  temporary  custody,  not
 8    requiring secure detention, may, however, be detained in  the
 9    home  of  his  or  her  parent  or  guardian  subject to such
10    conditions as the court may impose.
11    (Source: P.A. 90-590, eff. 1-1-99.)

12        (705 ILCS 405/5-901)
13        Sec. 5-901.   Court file.
14        (1)  The Court file with  respect  to  proceedings  under
15    this  Article  shall  consist  of  the  petitions, pleadings,
16    victim  impact  statements,  process,  service  of   process,
17    orders, writs and docket entries reflecting hearings held and
18    judgments  and  decrees entered by the court.  The court file
19    shall be kept separate from other records of the court.
20             (a)  The file, including information identifying the
21        victim or alleged victim of any  sex  offense,  shall  be
22        disclosed  only  to  the following parties when necessary
23        for discharge of their official duties:
24                  (i)  A judge of the circuit court  and  members
25             of the staff of the court designated by the judge;
26                  (ii)  Parties  to  the  proceedings  and  their
27             attorneys;
28                  (iii)  Victims  and  their attorneys, except in
29             cases of multiple victims of sex offenses  in  which
30             case  the  information identifying the nonrequesting
31             victims shall be redacted;
32                  (iv)  Probation   officers,   law   enforcement
33             officers or prosecutors or their staff;
 
                            -63-     LRB093 06576 RLC 14074 a
 1                  (v)  Adult and juvenile Prisoner Review Boards.
 2             (b)  The  Court  file   redacted   to   remove   any
 3        information  identifying  the victim or alleged victim of
 4        any sex offense shall be disclosed only to the  following
 5        parties  when  necessary  for discharge of their official
 6        duties:
 7                  (i)  Authorized military personnel;
 8                  (ii)  Persons engaged in  bona  fide  research,
 9             with  the  permission  of  the judge of the juvenile
10             court and the chief executive  of  the  agency  that
11             prepared  the  particular  recording:  provided that
12             publication  of  such   research   results   in   no
13             disclosure  of  a  minor's identity and protects the
14             confidentiality of the record;
15                  (iii)  The Secretary of State to whom the Clerk
16             of the Court shall report  the  disposition  of  all
17             cases,  as  required  in  Section  6-204  or Section
18             6-205.1 of  the  Illinois  Vehicle  Code.   However,
19             information  reported  relative  to  these  offenses
20             shall  be  privileged  and  available  only  to  the
21             Secretary of State, courts, and police officers;
22                  (iv)  The administrator of a bonafide substance
23             abuse student assistance program with the permission
24             of the presiding judge of the juvenile court;
25                  (v)  Any  individual,  or any public or private
26             agency  or  institution,  having  custody   of   the
27             juvenile under court order or providing educational,
28             medical or mental health services to the juvenile or
29             a  court-approved  advocate  for the juvenile or any
30             placement provider or potential  placement  provider
31             as determined by the court.
32        (3)  A  minor  who  is  the victim or alleged victim in a
33    juvenile   proceeding   shall   be    provided    the    same
34    confidentiality regarding disclosure of identity as the minor
 
                            -64-     LRB093 06576 RLC 14074 a
 1    who is the subject of record. Information identifying victims
 2    and  alleged  victims of sex offenses, shall not be disclosed
 3    or open to public inspection under any circumstances. Nothing
 4    in this Section shall prohibit the victim or  alleged  victim
 5    of  any  sex  offense  from voluntarily disclosing his or her
 6    identity.
 7        (4)  Relevant information, reports and records  shall  be
 8    made  available  to  the  Department  of  Corrections  when a
 9    juvenile offender has been  placed  in  the  custody  of  the
10    Department of Corrections, Juvenile Division.
11        (5)  Except as otherwise provided in this subsection (5),
12    juvenile  court  records  shall  not be made available to the
13    general public but may be  inspected  by  representatives  of
14    agencies,  associations  and  news  media  or  other properly
15    interested persons by general or special order of the  court.
16    The State's Attorney, the minor, his or her parents, guardian
17    and  counsel  shall  at  all  times have the right to examine
18    court files and records.
19             (a)  The court shall allow  the  general  public  to
20        have  access to the name, address, and offense of a minor
21        who is adjudicated a  delinquent  minor  under  this  Act
22        under either of the following circumstances:
23                  (i)  The  adjudication of delinquency was based
24             upon the minor's commission of first degree  murder,
25             attempt  to  commit  first degree murder, aggravated
26             criminal sexual assault, or criminal sexual assault;
27             or
28                  (ii)  The court has made  a  finding  that  the
29             minor  was  at least 13 years of age at the time the
30             act  was   committed   and   the   adjudication   of
31             delinquency  was  based  upon the minor's commission
32             of: (A) an act in furtherance of the commission of a
33             felony as a member of or on  behalf  of  a  criminal
34             street  gang,  (B)  an  act  involving  the use of a
 
                            -65-     LRB093 06576 RLC 14074 a
 1             firearm in the commission of a felony,  (C)  an  act
 2             that  would be a Class X felony offense under or the
 3             minor's second or  subsequent  Class  2  or  greater
 4             felony  offense  under  the  Cannabis Control Act if
 5             committed by an adult, (D) an act that  would  be  a
 6             second  or  subsequent  offense under Section 402 of
 7             the Illinois Controlled Substances Act if  committed
 8             by  an adult, or (E) an act that would be an offense
 9             under  Section  401  of  the   Illinois   Controlled
10             Substances Act if committed by an adult.
11             (b)  The  court  shall  allow  the general public to
12        have access to the name, address, and offense of a  minor
13        who  is  at least 13 years of age at the time the offense
14        is  committed  and  who   is   convicted,   in   criminal
15        proceedings  permitted  or  required under Section 5-805,
16        under either of the following circumstances:
17                  (i)  The minor  has  been  convicted  of  first
18             degree   murder,  attempt  to  commit  first  degree
19             murder,  aggravated  criminal  sexual  assault,   or
20             criminal sexual assault,
21                  (ii)  The  court  has  made  a finding that the
22             minor was at least 13 years of age at the  time  the
23             offense  was  committed and the conviction was based
24             upon the minor's commission of: (A)  an  offense  in
25             furtherance  of  the  commission  of  a  felony as a
26             member of or on behalf of a  criminal  street  gang,
27             (B) an offense involving the use of a firearm in the
28             commission of a felony, (C) a Class X felony offense
29             under  the  Cannabis  Control  Act  or  a  second or
30             subsequent Class 2 or greater felony  offense  under
31             the Cannabis Control Act, (D) a second or subsequent
32             offense under Section 402 of the Illinois Controlled
33             Substances  Act, or (E) an offense under Section 401
34             of the Illinois Controlled Substances Act.
 
                            -66-     LRB093 06576 RLC 14074 a
 1        (6)  Nothing in this Section shall be construed to  limit
 2    the  use  of a adjudication of delinquency as evidence in any
 3    juvenile or criminal proceeding, where it would otherwise  be
 4    admissible  under  the  rules  of evidence, including but not
 5    limited to, use as impeachment evidence against any  witness,
 6    including the minor if he or she testifies.
 7        (7)  Nothing  in this Section shall affect the right of a
 8    Civil Service Commission or  appointing  authority  examining
 9    the character and fitness of an applicant for a position as a
10    law  enforcement  officer to ascertain whether that applicant
11    was ever adjudicated to be a delinquent minor and, if so,  to
12    examine   the   records   or  evidence  which  were  made  in
13    proceedings under this Act.
14        (8)  Following any  adjudication  of  delinquency  for  a
15    crime  which  would  be a felony if committed by an adult, or
16    following any adjudication of delinquency for a violation  of
17    Section  24-1,  24-3, 24-3.1, or 24-5 of the Criminal Code of
18    1961, the State's Attorney shall ascertain whether the  minor
19    respondent  is enrolled in school and, if so, shall provide a
20    copy of the  sentencing  order  to  the  principal  or  chief
21    administrative   officer  of  the  school.   Access  to  such
22    juvenile records shall be limited to the principal  or  chief
23    administrative   officer  of  the  school  and  any  guidance
24    counselor designated by him or her.
25        (9)  Nothing contained in this Act prevents  the  sharing
26    or   disclosure   of   information  or  records  relating  or
27    pertaining to juveniles subject  to  the  provisions  of  the
28    Serious  Habitual  Offender Comprehensive Action Program when
29    that  information  is   used   to   assist   in   the   early
30    identification and treatment of habitual juvenile offenders.
31        (11)  The  Clerk of the Circuit Court shall report to the
32    Department of State Police, in the form and  manner  required
33    by  the  Department of State Police, the final disposition of
34    each minor who has been arrested or taken into custody before
 
                            -67-     LRB093 06576 RLC 14074 a
 1    his or her 18th 17th birthday for those offenses required  to
 2    be  reported  under  Section 5 of the Criminal Identification
 3    Act.  Information  reported  to  the  Department  under  this
 4    Section  may  be  maintained with records that the Department
 5    files under Section 2.1 of the Criminal Identification Act.
 6        (12)  Information or records  may  be  disclosed  to  the
 7    general  public  when  the court is conducting hearings under
 8    Section 5-805 or 5-810.
 9    (Source: P.A. 90-590, eff. 1-1-99.)

10        (705 ILCS 405/5-905)
11        Sec. 5-905.  Law enforcement records.
12        (1)  Law Enforcement Records. Inspection and  copying  of
13    law   enforcement   records  maintained  by  law  enforcement
14    agencies that relate to a minor  who  has  been  arrested  or
15    taken into custody before his or her 18th 17th birthday shall
16    be  restricted  to  the  following and when necessary for the
17    discharge of their official duties:
18             (a)  A judge of the circuit court and members of the
19        staff of the court designated by the judge;
20             (b)  Law enforcement officers, probation officers or
21        prosecutors or their staff;
22             (c)  The  minor,  the  minor's  parents   or   legal
23        guardian  and their attorneys, but only when the juvenile
24        has been charged with an offense;
25             (d)  Adult and Juvenile Prisoner Review Boards;
26             (e)  Authorized military personnel;
27             (f)  Persons engaged in bona fide research, with the
28        permission of the judge of juvenile court and  the  chief
29        executive  of  the  agency  that  prepared the particular
30        recording:  provided that publication  of  such  research
31        results  in  no  disclosure  of  a  minor's  identity and
32        protects the confidentiality of the record;
33             (g)  Individuals  responsible  for  supervising   or
 
                            -68-     LRB093 06576 RLC 14074 a
 1        providing  temporary  or  permanent  care  and custody of
 2        minors pursuant  to  orders  of  the  juvenile  court  or
 3        directives  from  officials of the Department of Children
 4        and Family Services or the Department of  Human  Services
 5        who  certify  in writing that the information will not be
 6        disclosed to any other party except as provided under law
 7        or order of court;
 8             (h)  The appropriate  school  official.   Inspection
 9        and  copying  shall be limited to law enforcement records
10        transmitted to the appropriate school official by a local
11        law  enforcement  agency  under  a  reciprocal  reporting
12        system established  and  maintained  between  the  school
13        district  and  the  local  law  enforcement  agency under
14        Section 10-20.14 of the School Code  concerning  a  minor
15        enrolled  in  a school within the school district who has
16        been arrested for any offense classified as a felony or a
17        Class A or B misdemeanor.
18        (2)  Information identifying victims and alleged  victims
19    of  sex  offenses,  shall  not be disclosed or open to public
20    inspection under any circumstances. Nothing in  this  Section
21    shall  prohibit  the  victim  or  alleged  victim  of any sex
22    offense from voluntarily disclosing his or her identity.
23        (3)  Relevant information, reports and records  shall  be
24    made  available  to  the  Department  of  Corrections  when a
25    juvenile offender has been  placed  in  the  custody  of  the
26    Department of Corrections, Juvenile Division.
27        (4)  Nothing   in   this   Section   shall  prohibit  the
28    inspection  or  disclosure  to  victims  and   witnesses   of
29    photographs  contained  in  the  records  of  law enforcement
30    agencies when the inspection or disclosure  is  conducted  in
31    the  presence  of  a  law enforcement officer for purposes of
32    identification or apprehension of any person in the course of
33    any criminal investigation or prosecution.
34        (5)  The records of law enforcement  officers  concerning
 
                            -69-     LRB093 06576 RLC 14074 a
 1    all  minors  under  18  17  years  of  age must be maintained
 2    separate from the records of adults and may not  be  open  to
 3    public  inspection  or their contents disclosed to the public
 4    except by order of the  court  or  when  the  institution  of
 5    criminal  proceedings  has been permitted under Section 5-130
 6    or 5-805 or required under Section 5-130 or 5-805 or  such  a
 7    person  has  been  convicted of a crime and is the subject of
 8    pre-sentence investigation or when provided by law.
 9        (6)  Except as otherwise provided in this subsection (6),
10    law enforcement officers may not disclose the identity of any
11    minor in releasing information to the general  public  as  to
12    the   arrest,   investigation  or  disposition  of  any  case
13    involving a minor. Any victim or parent or legal guardian  of
14    a  victim  may  petition  the  court to disclose the name and
15    address of  the  minor  and  the  minor's  parents  or  legal
16    guardian,  or  both.   Upon a finding by clear and convincing
17    evidence that the disclosure  is  either  necessary  for  the
18    victim  to  pursue  a  civil  remedy against the minor or the
19    minor's parents or legal guardian, or both, or to protect the
20    victim's person or property from the minor,  then  the  court
21    may  order the disclosure of the information to the victim or
22    to the parent or legal guardian of the victim  only  for  the
23    purpose  of  the  victim  pursuing a civil remedy against the
24    minor or the minor's parents or legal guardian, or  both,  or
25    to protect the victim's person or property from the minor.
26        (7)  Nothing contained in this Section shall prohibit law
27    enforcement  agencies  when acting in their official capacity
28    from communicating with each  other  by  letter,  memorandum,
29    teletype  or  intelligence  alert bulletin or other means the
30    identity or other relevant information pertaining to a person
31    under 18 17 years of age.   The  information  provided  under
32    this  subsection  (7) shall remain confidential and shall not
33    be publicly disclosed, except as otherwise allowed by law.
34        (8)  No person  shall  disclose  information  under  this
 
                            -70-     LRB093 06576 RLC 14074 a
 1    Section  except  when  acting in his or her official capacity
 2    and as provided by law or order of court.
 3    (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)

 4        (705 ILCS 405/5-915)
 5        Sec. 5-915.  Expungement of law enforcement and  juvenile
 6    court records.
 7        (1)  Whenever any person has attained the age of 18 17 or
 8    whenever  all  juvenile  court  proceedings  relating to that
 9    person have been terminated, whichever is later,  the  person
10    may  petition  the  court  to expunge law enforcement records
11    relating to incidents occurring before his or her  18th  17th
12    birthday  or  his or her juvenile court records, or both, but
13    only in the following circumstances:
14             (a)  the minor was  arrested  and  no  petition  for
15        delinquency  was  filed  with  the  clerk  of the circuit
16        court; or
17             (b)  the minor was charged with an offense  and  was
18        found not delinquent of that offense; or
19             (c)  the minor was placed under supervision pursuant
20        to  Section 5-615, and the order of supervision has since
21        been successfully terminated; or
22             (d)  the minor was adjudicated for an offense  which
23        would be a Class B misdemeanor if committed by an adult.
24        (2)  Any person may petition the court to expunge all law
25    enforcement  records  relating  to  any  incidents  occurring
26    before  his or her 18th 17th birthday which did not result in
27    proceedings in criminal court and all juvenile court  records
28    with  respect  to  any  adjudications except those based upon
29    first degree murder and sex offenses which would be  felonies
30    if  committed by an adult, if the person for whom expungement
31    is sought has had no convictions for any crime since  his  or
32    her 18th 17th birthday and:
33             (a)  has attained the age of 21 years; or
 
                            -71-     LRB093 06576 RLC 14074 a
 1             (b)  5  years  have elapsed since all juvenile court
 2        proceedings relating to him or her have  been  terminated
 3        or   his   or   her   commitment  to  the  Department  of
 4        Corrections, Juvenile Division pursuant to this  Act  has
 5        been terminated;
 6    whichever is later of (a) or (b).
 7        (3)  The  chief  judge  of the circuit in which an arrest
 8    was made or a charge was brought or any judge of that circuit
 9    designated by the chief judge may, upon verified petition  of
10    a  person who is the subject of an arrest or a juvenile court
11    proceeding under subsection (1) or (2) of this Section, order
12    the law enforcement records or official court file, or  both,
13    to  be  expunged  from  the official records of the arresting
14    authority, the clerk of the circuit court and the  Department
15    of State Police.  Notice of the petition shall be served upon
16    the  State's  Attorney and upon the arresting authority which
17    is the subject of the petition for expungement.
18        (4)  Upon entry of an order expunging records  or  files,
19    the  offense,  which  the  records  or files concern shall be
20    treated as if it never occurred. Law enforcement officers and
21    other public offices and agencies  shall  properly  reply  on
22    inquiry  that  no  record  or file exists with respect to the
23    person.
24        (5)  Records which have not been expunged are sealed, and
25    may be obtained only under the provisions of Sections  5-901,
26    5-905 and 5-915.
27        (6)  Nothing  in  this  Section  shall  be  construed  to
28    prohibit  the  maintenance  of  information  relating  to  an
29    offense  after  records  or files concerning the offense have
30    been expunged if the information is kept  in  a  manner  that
31    does   not  enable  identification  of  the  offender.   This
32    information may only be used for statistical  and  bona  fide
33    research purposes.
34    (Source: P.A. 90-590, eff. 1-1-99.)
 
                            -72-     LRB093 06576 RLC 14074 a
 1        Section  20.   The Unified Code of Corrections is amended
 2    by changing Sections 3-10-7, 5-5-3.2, and 5-6-3 as follows:

 3        (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
 4        Sec. 3-10-7.  Interdivisional Transfers.  (a) In any case
 5    where a minor was originally prosecuted under the  provisions
 6    of the Criminal Code of 1961, as amended, and sentenced under
 7    the  provisions  of  this  Act pursuant to Section 2-7 of the
 8    Juvenile Court Act or Section 5-805 of the Juvenile Court Act
 9    of 1987 and committed to the Juvenile Division under  Section
10    5-8-6, the Department of Corrections shall, within 30 days of
11    the date that the minor reaches the age of 18 17, send formal
12    notification to the sentencing court and the State's Attorney
13    of  the  county from which the minor was sentenced indicating
14    the day upon which the minor offender will achieve the age of
15    18 17.  Within  90  days  of  receipt  of  that  notice,  the
16    sentencing  court  shall  conduct  a hearing, pursuant to the
17    provisions of subsection (c) of  this  Section  to  determine
18    whether  or  not the minor shall continue to remain under the
19    auspices of the Juvenile Division or be  transferred  to  the
20    Adult Division of the Department of Corrections.
21        The  minor shall be served with notice of the date of the
22    hearing, shall be present at the hearing, and has  the  right
23    to  counsel  at  the hearing.  The minor, with the consent of
24    his or her counsel or guardian  may  waive  his  presence  at
25    hearing.
26        (b)  Unless  sooner  paroled  under  Section  3-3-3,  the
27    confinement  of a minor person committed for an indeterminate
28    sentence in a criminal  proceeding  shall  terminate  at  the
29    expiration  of the maximum term of imprisonment, and he shall
30    thereupon be released to  serve  a  period  of  parole  under
31    Section  5-8-1,  but if the maximum term of imprisonment does
32    not expire until after his 21st birthday, he  shall  continue
33    to  be  subject to the control and custody of the Department,
 
                            -73-     LRB093 06576 RLC 14074 a
 1    and on his 21st birthday, he  shall  be  transferred  to  the
 2    Adult  Division.  If  such  person  is  on parole on his 21st
 3    birthday, his parole supervision may be  transferred  to  the
 4    Adult Division.
 5        (c)  Any   interdivisional   transfer  hearing  conducted
 6    pursuant to subsection (a) of this Section shall consider all
 7    available information  which  may  bear  upon  the  issue  of
 8    transfer.   All  evidence helpful to the court in determining
 9    the question of transfer, including oral and written  reports
10    containing  hearsay,  may be relied upon to the extent of its
11    probative value, even though not competent for  the  purposes
12    of  an adjudicatory hearing.  The court shall consider, along
13    with any other relevant matter, the following:
14        1.  The nature of the offense for  which  the  minor  was
15    found  guilty and the length of the sentence the minor has to
16    serve and the record and previous history of the minor.
17        2.  The record  of  the  minor's  adjustment  within  the
18    Department  of Corrections' Juvenile Division, including, but
19    not limited to,  reports  from  the  minor's  counselor,  any
20    escapes,  attempted  escapes or violent or disruptive conduct
21    on the part of the minor, any tickets received by the  minor,
22    summaries of classes attended by the minor, and any record of
23    work performed by the minor while in the institution.
24        3.  The  relative  maturity  of  the minor based upon the
25    physical, psychological  and  emotional  development  of  the
26    minor.
27        4.  The  record  of  the  rehabilitative  progress of the
28    minor and an assessment of the vocational  potential  of  the
29    minor.
30        5.  An  assessment  of  the necessity for transfer of the
31    minor, including, but not limited  to,  the  availability  of
32    space  within the Department of Corrections, the disciplinary
33    and security problem which the minor  has  presented  to  the
34    Juvenile  Division  and the practicability of maintaining the
 
                            -74-     LRB093 06576 RLC 14074 a
 1    minor in a juvenile facility,  whether  resources  have  been
 2    exhausted  within  the Juvenile Division of the Department of
 3    Corrections,   the   availability   of   rehabilitative   and
 4    vocational programs within the Department of Corrections, and
 5    the anticipated ability of the minor to adjust to confinement
 6    within an adult institution based upon the  minor's  physical
 7    size and maturity.
 8        All  relevant  factors  considered  under this subsection
 9    need not be resolved against the juvenile in order to justify
10    such transfer.  Access to social records,  probation  reports
11    or  any  other  reports which are considered by the court for
12    the purpose of transfer shall be made  available  to  counsel
13    for  the  juvenile  at least 30 days prior to the date of the
14    transfer hearing.  The  Sentencing  Court,  upon  granting  a
15    transfer  order,  shall accompany such order with a statement
16    of reasons.
17        (d)  Whenever the Director  or  his  designee  determines
18    that the interests of safety, security and discipline require
19    the transfer to the Adult Division of a person 18 17 years or
20    older who was prosecuted under the provisions of the Criminal
21    Code  of 1961, as amended, and sentenced under the provisions
22    of this Act pursuant to Section 2-7 of the Juvenile Court Act
23    or Section 5-805 of  the  Juvenile  Court  Act  of  1987  and
24    committed  to  the Juvenile Division under Section 5-8-6, the
25    Director or his designee may authorize the emergency transfer
26    of such person, unless the transfer of the person is governed
27    by subsection (e) of this Section. The sentencing court shall
28    be provided notice of any emergency transfer no later than  3
29    days  after  the  emergency  transfer.   Upon  motion brought
30    within 60 days of the emergency transfer  by  the  sentencing
31    court  or  any  party,  the  sentencing  court  may conduct a
32    hearing pursuant to the provisions of subsection (c) of  this
33    Section in order to determine whether the person shall remain
34    confined in the Adult Division.
 
                            -75-     LRB093 06576 RLC 14074 a
 1        (e)  The  Director  or  his  designee  may  authorize the
 2    permanent transfer to the Adult Division  of  any  person  18
 3    years or older who was prosecuted under the provisions of the
 4    Criminal  Code  of  1961, as amended, and sentenced under the
 5    provisions of  this  Act  pursuant  to  Section  2-7  of  the
 6    Juvenile Court Act or Section 5-805 of the Juvenile Court Act
 7    of  1987 and committed to the Juvenile Division under Section
 8    5-8-6 of this Act. The Director  or  his  designee  shall  be
 9    governed  by  the following factors in determining whether to
10    authorize the permanent transfer of the person to  the  Adult
11    Division:
12        1.  The  nature  of  the offense for which the person was
13    found guilty and the length of the sentence the person has to
14    serve and the record and previous history of the person.
15        2.  The record of  the  person's  adjustment  within  the
16    Department  of Corrections' Juvenile Division, including, but
17    not limited to, reports  from  the  person's  counselor,  any
18    escapes,  attempted  escapes or violent or disruptive conduct
19    on the part of  the  person,  any  tickets  received  by  the
20    person,  summaries of classes attended by the person, and any
21    record  of  work  performed  by  the  person  while  in   the
22    institution.
23        3.  The  relative  maturity  of the person based upon the
24    physical, psychological  and  emotional  development  of  the
25    person.
26        4.  The  record  of  the  rehabilitative  progress of the
27    person and an assessment of the vocational potential  of  the
28    person.
29        5.  An  assessment  of  the necessity for transfer of the
30    person, including, but not limited to,  the  availability  of
31    space  within the Department of Corrections, the disciplinary
32    and security problem which the person has  presented  to  the
33    Juvenile  Division  and the practicability of maintaining the
34    person in a juvenile facility, whether  resources  have  been
 
                            -76-     LRB093 06576 RLC 14074 a
 1    exhausted  within  the Juvenile Division of the Department of
 2    Corrections,   the   availability   of   rehabilitative   and
 3    vocational programs within the Department of Corrections, and
 4    the  anticipated  ability  of  the  person   to   adjust   to
 5    confinement  within  an  adult  institution  based  upon  the
 6    person's physical size and maturity.
 7    (Source: P.A. 90-590, eff. 1-1-99.)

 8        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
 9        Sec. 5-5-3.2.  Factors in Aggravation.
10        (a)  The  following  factors  shall be accorded weight in
11    favor of imposing a term of imprisonment or may be considered
12    by the court as reasons to  impose  a  more  severe  sentence
13    under Section 5-8-1:
14             (1)  the  defendant's  conduct  caused or threatened
15        serious harm;
16             (2)  the   defendant   received   compensation   for
17        committing the offense;
18             (3)  the  defendant   has   a   history   of   prior
19        delinquency or criminal activity;
20             (4)  the  defendant,  by the duties of his office or
21        by his position, was obliged to  prevent  the  particular
22        offense committed or to bring the offenders committing it
23        to justice;
24             (5)  the defendant held public office at the time of
25        the  offense,  and  the offense related to the conduct of
26        that office;
27             (6)  the   defendant   utilized   his   professional
28        reputation or position in the  community  to  commit  the
29        offense,  or  to afford him an easier means of committing
30        it;
31             (7)  the sentence is necessary to deter others  from
32        committing the same crime;
33             (8)  the  defendant  committed the offense against a
 
                            -77-     LRB093 06576 RLC 14074 a
 1        person  60  years  of  age  or  older  or  such  person's
 2        property;
 3             (9)  the defendant committed the offense  against  a
 4        person  who  is  physically  handicapped or such person's
 5        property;
 6             (10)  by reason of another  individual's  actual  or
 7        perceived race, color, creed, religion, ancestry, gender,
 8        sexual  orientation,  physical  or  mental disability, or
 9        national origin,  the  defendant  committed  the  offense
10        against  (i)  the  person or property of that individual;
11        (ii) the person or  property  of  a  person  who  has  an
12        association with, is married to, or has a friendship with
13        the  other individual; or (iii) the person or property of
14        a relative (by blood or marriage) of a  person  described
15        in clause (i) or (ii).  For the purposes of this Section,
16        "sexual      orientation"      means     heterosexuality,
17        homosexuality, or bisexuality;
18             (11)  the offense took place in a place  of  worship
19        or  on  the  grounds  of  a place of worship, immediately
20        prior  to,  during  or  immediately   following   worship
21        services.   For  purposes of this subparagraph, "place of
22        worship"  shall  mean  any  church,  synagogue  or  other
23        building, structure or place used primarily for religious
24        worship;
25             (12)  the  defendant  was  convicted  of  a   felony
26        committed  while  he  was  released  on  bail  or his own
27        recognizance pending trial for a  prior  felony  and  was
28        convicted  of  such  prior  felony,  or the defendant was
29        convicted of a felony committed while he  was  serving  a
30        period  of probation, conditional discharge, or mandatory
31        supervised release under subsection (d) of Section  5-8-1
32        for a prior felony;
33             (13)  the defendant committed or attempted to commit
34        a  felony  while  he was wearing a bulletproof vest.  For
 
                            -78-     LRB093 06576 RLC 14074 a
 1        the purposes of this paragraph (13), a  bulletproof  vest
 2        is  any  device  which  is  designed  for  the purpose of
 3        protecting the wearer from bullets, shot or other  lethal
 4        projectiles;
 5             (14)  the  defendant  held  a  position  of trust or
 6        supervision such as, but not limited to, family member as
 7        defined in Section 12-12 of the Criminal  Code  of  1961,
 8        teacher,  scout  leader, baby sitter, or day care worker,
 9        in relation to a victim under 18 years of  age,  and  the
10        defendant  committed  an  offense in violation of Section
11        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
12        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
13        1961 against that victim;
14             (15)  the defendant committed an offense related  to
15        the activities of an organized gang.  For the purposes of
16        this factor, "organized gang" has the meaning ascribed to
17        it  in  Section  10  of  the Streetgang Terrorism Omnibus
18        Prevention Act;
19             (16)  the  defendant   committed   an   offense   in
20        violation  of  one  of  the following Sections while in a
21        school, regardless of the time of day or time of year; on
22        any conveyance owned, leased, or contracted by  a  school
23        to  transport  students  to  or  from  school or a school
24        related activity; on the real property of a school; or on
25        a public way within  1,000  feet  of  the  real  property
26        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
27        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
28        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
29        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
30        1961;
31             (16.5)  the  defendant  committed  an   offense   in
32        violation of one of the following Sections while in a day
33        care  center,  regardless  of  the time of day or time of
34        year;  on  the  real  property  of  a  day  care  center,
 
                            -79-     LRB093 06576 RLC 14074 a
 1        regardless of the time of day or time of year;  or  on  a
 2        public  way  within  1,000  feet  of  the  real  property
 3        comprising any day care center, regardless of the time of
 4        day  or  time of year: Section 10-1, 10-2, 10-5, 11-15.1,
 5        11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2,  12-4,  12-4.1,
 6        12-4.2,  12-4.3,  12-6,  12-6.1,  12-13,  12-14, 12-14.1,
 7        12-15, 12-16, 18-2, or 33A-2  of  the  Criminal  Code  of
 8        1961;
 9             (17)  the  defendant committed the offense by reason
10        of  any  person's  activity  as  a   community   policing
11        volunteer  or  to  prevent  any  person  from engaging in
12        activity as a  community  policing  volunteer.   For  the
13        purpose  of  this Section, "community policing volunteer"
14        has the meaning ascribed to it in Section  2-3.5  of  the
15        Criminal Code of 1961;
16             (18)  the  defendant  committed  the  offense  in  a
17        nursing home or on the real property comprising a nursing
18        home.   For the purposes of this paragraph (18), "nursing
19        home" means a skilled nursing or intermediate  long  term
20        care  facility that is subject to license by the Illinois
21        Department of Public Health under the Nursing  Home  Care
22        Act; or
23             (19)  the defendant was a federally licensed firearm
24        dealer  and  was  previously  convicted of a violation of
25        subsection  (a)  of  Section  3  of  the  Firearm  Owners
26        Identification Card Act and has now  committed  either  a
27        felony  violation  of  the  Firearm Owners Identification
28        Card Act or an act of armed violence while armed  with  a
29        firearm.
30        For the purposes of this Section:
31        "School"  is defined as a public or private elementary or
32    secondary school, community college, college, or university.
33        "Day  care  center"  means  a  public  or  private  State
34    certified and licensed day care center as defined in  Section
 
                            -80-     LRB093 06576 RLC 14074 a
 1    2.09  of  the  Child Care Act of 1969 that displays a sign in
 2    plain view stating that the property is a day care center.
 3        (b)  The following factors may be considered by the court
 4    as reasons to impose an extended term sentence under  Section
 5    5-8-2 upon any offender:
 6             (1)  When  a  defendant  is convicted of any felony,
 7        after having been previously convicted in Illinois or any
 8        other jurisdiction of the same or similar class felony or
 9        greater class felony, when such conviction  has  occurred
10        within  10 years after the previous conviction, excluding
11        time spent in custody, and such  charges  are  separately
12        brought  and  tried  and arise out of different series of
13        acts; or
14             (2)  When a defendant is convicted of any felony and
15        the court finds  that  the  offense  was  accompanied  by
16        exceptionally  brutal  or  heinous behavior indicative of
17        wanton cruelty; or
18             (3)  When a  defendant  is  convicted  of  voluntary
19        manslaughter,    second    degree   murder,   involuntary
20        manslaughter or reckless homicide in which the  defendant
21        has  been convicted of causing the death of more than one
22        individual; or
23             (4)  When a defendant is  convicted  of  any  felony
24        committed against:
25                  (i)  a person under 12 years of age at the time
26             of the offense or such person's property;
27                  (ii)  a  person 60 years of age or older at the
28             time of the offense or such person's property; or
29                  (iii)  a person physically handicapped  at  the
30             time of the offense or such person's property; or
31             (5)  In   the  case  of  a  defendant  convicted  of
32        aggravated criminal sexual  assault  or  criminal  sexual
33        assault,  when  the  court finds that aggravated criminal
34        sexual  assault  or  criminal  sexual  assault  was  also
 
                            -81-     LRB093 06576 RLC 14074 a
 1        committed on  the  same  victim  by  one  or  more  other
 2        individuals,  and  the defendant voluntarily participated
 3        in the crime with the knowledge of the  participation  of
 4        the  others in the crime, and the commission of the crime
 5        was part of a single course of conduct during which there
 6        was no substantial change in the nature of  the  criminal
 7        objective; or
 8             (6)  When a defendant is convicted of any felony and
 9        the  offense  involved  any  of  the  following  types of
10        specific misconduct committed  as  part  of  a  ceremony,
11        rite,  initiation,  observance,  performance, practice or
12        activity  of  any   actual   or   ostensible   religious,
13        fraternal, or social group:
14                  (i)  the  brutalizing or torturing of humans or
15             animals;
16                  (ii)  the theft of human corpses;
17                  (iii)  the kidnapping of humans;
18                  (iv)  the   desecration   of   any    cemetery,
19             religious,    fraternal,   business,   governmental,
20             educational, or other building or property; or
21                  (v)  ritualized abuse of a child; or
22             (7)  When a defendant is convicted of  first  degree
23        murder,   after   having  been  previously  convicted  in
24        Illinois of any offense listed under paragraph (c)(2)  of
25        Section  5-5-3,  when such conviction has occurred within
26        10 years after the previous  conviction,  excluding  time
27        spent in custody, and such charges are separately brought
28        and tried and arise out of different series of acts; or
29             (8)  When a defendant is convicted of a felony other
30        than  conspiracy  and the court finds that the felony was
31        committed under an agreement with 2 or more other persons
32        to commit that offense and the defendant, with respect to
33        the other individuals, occupied a position of  organizer,
34        supervisor,   financier,   or   any   other  position  of
 
                            -82-     LRB093 06576 RLC 14074 a
 1        management or leadership, and  the  court  further  finds
 2        that   the   felony   committed  was  related  to  or  in
 3        furtherance of the criminal activities  of  an  organized
 4        gang or was motivated by the defendant's leadership in an
 5        organized gang; or
 6             (9)  When  a  defendant  is  convicted  of  a felony
 7        violation of Section 24-1 of the Criminal  Code  of  1961
 8        and  the court finds that the defendant is a member of an
 9        organized gang; or
10             (10)  When a defendant committed the offense using a
11        firearm with a laser sight attached to it.  For  purposes
12        of  this  paragraph  (10),  "laser sight" has the meaning
13        ascribed to it in Section 24.6-5 of the Criminal Code  of
14        1961; or
15             (11)  When  a defendant who was at least 18 17 years
16        of age at the time of the commission of  the  offense  is
17        convicted of a felony and has been previously adjudicated
18        a  delinquent  minor under the Juvenile Court Act of 1987
19        for an act that if committed by an adult would be a Class
20        X or Class 1 felony  when  the  conviction  has  occurred
21        within   10   years   after  the  previous  adjudication,
22        excluding time spent in custody; or
23             (12)  When a defendant commits an offense  involving
24        the  illegal  manufacture of a controlled substance under
25        Section 401 of the Illinois Controlled Substances Act  or
26        the  illegal  possession  of  explosives and an emergency
27        response officer in the performance of his or her  duties
28        is  killed  or  injured at the scene of the offense while
29        responding to the emergency caused by the  commission  of
30        the offense. In this paragraph (12), "emergency"  means a
31        situation  in which a person's life, health, or safety is
32        in jeopardy; and "emergency  response  officer"  means  a
33        peace  officer,  community  policing  volunteer, fireman,
34        emergency medical technician-ambulance, emergency medical
 
                            -83-     LRB093 06576 RLC 14074 a
 1        technician-intermediate,        emergency         medical
 2        technician-paramedic,  ambulance  driver,  other  medical
 3        assistance  or first aid personnel, or hospital emergency
 4        room personnel.
 5        (b-1)  For the purposes of this Section, "organized gang"
 6    has the meaning ascribed to it in Section 10 of the  Illinois
 7    Streetgang Terrorism Omnibus Prevention Act.
 8        (c)  The court may impose an extended term sentence under
 9    Section   5-8-2  upon  any  offender  who  was  convicted  of
10    aggravated criminal  sexual  assault  or  predatory  criminal
11    sexual  assault of a child under subsection (a)(1) of Section
12    12-14.1 of the Criminal Code of 1961  where  the  victim  was
13    under  18  years  of age at the time of the commission of the
14    offense.
15        (d)  The court may impose an extended term sentence under
16    Section 5-8-2 upon any offender who was convicted of unlawful
17    use of weapons under Section 24-1 of  the  Criminal  Code  of
18    1961   for   possessing   a   weapon   that  is  not  readily
19    distinguishable as one of the weapons enumerated  in  Section
20    24-1 of the Criminal Code of 1961.
21    (Source:  P.A.  91-119,  eff.  1-1-00;  91-120, eff. 7-15-99;
22    91-252,  eff.  1-1-00;  91-267,  eff.  1-1-00;  91-268,  eff.
23    1-1-00; 91-357, eff. 7-29-99; 91-437,  eff.  1-1-00;  91-696,
24    eff. 4-13-00; 92-266, eff. 1-1-02.)

25        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
26        Sec.  5-6-3.  Conditions  of Probation and of Conditional
27    Discharge.
28        (a)  The  conditions  of  probation  and  of  conditional
29    discharge shall be that the person:
30             (1)  not  violate  any  criminal  statute   of   any
31        jurisdiction;
32             (2)  report  to  or  appear  in  person  before such
33        person or agency as directed by the court;
 
                            -84-     LRB093 06576 RLC 14074 a
 1             (3)  refrain from  possessing  a  firearm  or  other
 2        dangerous weapon;
 3             (4)  not  leave the State without the consent of the
 4        court or, in circumstances in which the  reason  for  the
 5        absence is of such an emergency nature that prior consent
 6        by   the   court  is  not  possible,  without  the  prior
 7        notification  and  approval  of  the  person's  probation
 8        officer.  Transfer of a person's probation or conditional
 9        discharge supervision to  another  state  is  subject  to
10        acceptance  by the other state pursuant to the Interstate
11        Compact for Adult Offender Supervision;
12             (5)  permit the probation officer to  visit  him  at
13        his   home  or  elsewhere  to  the  extent  necessary  to
14        discharge his duties;
15             (6)  perform no less  than  30  hours  of  community
16        service and not more than 120 hours of community service,
17        if community service is available in the jurisdiction and
18        is  funded  and  approved  by  the county board where the
19        offense was committed, where the offense was  related  to
20        or  in  furtherance  of  the  criminal  activities  of an
21        organized  gang  and  was  motivated  by  the  offender's
22        membership in or allegiance to an  organized  gang.   The
23        community  service  shall include, but not be limited to,
24        the  cleanup  and  repair  of  any  damage  caused  by  a
25        violation of Section 21-1.3 of the Criminal Code of  1961
26        and   similar  damage  to  property  located  within  the
27        municipality or county in which the  violation  occurred.
28        When  possible  and  reasonable,  the  community  service
29        should  be performed in the offender's neighborhood.  For
30        purposes  of  this  Section,  "organized  gang"  has  the
31        meaning ascribed to it in  Section  10  of  the  Illinois
32        Streetgang Terrorism Omnibus Prevention Act;
33             (7)  if he or she is at least 18 17 years of age and
34        has  been sentenced to probation or conditional discharge
 
                            -85-     LRB093 06576 RLC 14074 a
 1        for a misdemeanor or felony in a county of  3,000,000  or
 2        more inhabitants and has not been previously convicted of
 3        a   misdemeanor   or  felony,  may  be  required  by  the
 4        sentencing court to attend educational  courses  designed
 5        to prepare the defendant for a high school diploma and to
 6        work  toward  a  high  school  diploma  or to work toward
 7        passing the high school level Test of General Educational
 8        Development  (GED)  or  to  work  toward   completing   a
 9        vocational  training  program approved by the court.  The
10        person on probation or conditional discharge must  attend
11        a   public   institution   of  education  to  obtain  the
12        educational  or  vocational  training  required  by  this
13        clause (7).  The court  shall  revoke  the  probation  or
14        conditional  discharge  of a person who wilfully fails to
15        comply with this clause (7).  The person on probation  or
16        conditional  discharge  shall  be required to pay for the
17        cost of the educational courses or GED test, if a fee  is
18        charged  for  those  courses  or  test.   The court shall
19        resentence the offender whose  probation  or  conditional
20        discharge  has been revoked as provided in Section 5-6-4.
21        This clause (7)  does not apply to a  person  who  has  a
22        high  school  diploma  or has successfully passed the GED
23        test. This clause (7)  does not apply to a person who  is
24        determined by the court to be developmentally disabled or
25        otherwise    mentally   incapable   of   completing   the
26        educational or vocational program;
27             (8)  if  convicted  of  possession  of  a  substance
28        prohibited  by  the  Cannabis  Control  Act  or  Illinois
29        Controlled Substances Act after a previous conviction  or
30        disposition  of supervision for possession of a substance
31        prohibited  by  the  Cannabis  Control  Act  or  Illinois
32        Controlled  Substances  Act  or  after  a   sentence   of
33        probation under Section 10 of the Cannabis Control Act or
34        Section 410 of the Illinois Controlled Substances Act and
 
                            -86-     LRB093 06576 RLC 14074 a
 1        upon  a finding by the court that the person is addicted,
 2        undergo treatment at a substance abuse  program  approved
 3        by the court; and
 4             (9)  if  convicted of a felony, physically surrender
 5        at a time and place designated by the court, his  or  her
 6        Firearm  Owner's  Identification  Card  and  any  and all
 7        firearms in his or her possession.
 8        (b)  The  Court  may  in  addition  to  other  reasonable
 9    conditions relating to the  nature  of  the  offense  or  the
10    rehabilitation  of  the  defendant  as  determined  for  each
11    defendant  in the proper discretion of the Court require that
12    the person:
13             (1)  serve a term  of  periodic  imprisonment  under
14        Article  7  for  a period not to exceed that specified in
15        paragraph (d)  of Section 5-7-1;
16             (2)  pay a fine and costs;
17             (3)  work or pursue a course of study or  vocational
18        training;
19             (4)  undergo  medical,  psychological or psychiatric
20        treatment; or treatment for drug addiction or alcoholism;
21             (5)  attend or reside in a facility established  for
22        the instruction or residence of defendants on probation;
23             (6)  support his dependents;
24             (7)  and in addition, if a minor:
25                  (i)  reside  with  his  parents  or in a foster
26             home;
27                  (ii)  attend school;
28                  (iii)  attend  a  non-residential  program  for
29             youth;
30                  (iv)  contribute to his own support at home  or
31             in a foster home;
32                  (v)  with  the consent of the superintendent of
33             the facility, attend an  educational  program  at  a
34             facility  other than the school in which the offense
 
                            -87-     LRB093 06576 RLC 14074 a
 1             was committed if he or she is convicted of  a  crime
 2             of  violence  as  defined  in Section 2 of the Crime
 3             Victims Compensation Act committed in a  school,  on
 4             the  real  property  comprising  a school, or within
 5             1,000 feet of the real property comprising a school;
 6             (8)  make restitution as provided in  Section  5-5-6
 7        of this Code;
 8             (9)  perform  some  reasonable  public  or community
 9        service;
10             (10)  serve a term of home confinement.  In addition
11        to  any  other  applicable  condition  of  probation   or
12        conditional discharge, the conditions of home confinement
13        shall be that the offender:
14                  (i)  remain within the interior premises of the
15             place  designated  for  his  confinement  during the
16             hours designated by the court;
17                  (ii)  admit any person or agent  designated  by
18             the  court  into the offender's place of confinement
19             at any time for purposes of verifying the offender's
20             compliance with the conditions of  his  confinement;
21             and
22                  (iii)  if further deemed necessary by the court
23             or  the  Probation  or Court Services Department, be
24             placed on an approved electronic monitoring  device,
25             subject to Article 8A of Chapter V;
26                  (iv)  for  persons  convicted  of  any alcohol,
27             cannabis or controlled substance violation  who  are
28             placed   on  an  approved  monitoring  device  as  a
29             condition of probation or conditional discharge, the
30             court shall impose a reasonable fee for each day  of
31             the  use of the device, as established by the county
32             board in subsection  (g)  of  this  Section,  unless
33             after  determining  the inability of the offender to
34             pay the fee, the court assesses a lesser fee  or  no
 
                            -88-     LRB093 06576 RLC 14074 a
 1             fee as the case may be. This fee shall be imposed in
 2             addition  to  the  fees  imposed  under  subsections
 3             (g)  and  (i)  of  this  Section.  The  fee shall be
 4             collected by the clerk of the  circuit  court.   The
 5             clerk  of  the  circuit  court  shall pay all monies
 6             collected from this fee to the county treasurer  for
 7             deposit  in  the substance abuse services fund under
 8             Section 5-1086.1 of the Counties Code; and
 9                  (v)  for persons convicted  of  offenses  other
10             than  those referenced in clause (iv)  above and who
11             are placed on an approved  monitoring  device  as  a
12             condition of probation or conditional discharge, the
13             court  shall impose a reasonable fee for each day of
14             the use of the device, as established by the  county
15             board  in  subsection  (g)  of  this Section, unless
16             after determining the inability of the defendant  to
17             pay  the  fee, the court assesses a lesser fee or no
18             fee as the case may be.  This fee shall  be  imposed
19             in  addition  to  the fees imposed under subsections
20             (g)  and (i)  of this Section.   The  fee  shall  be
21             collected  by  the  clerk of the circuit court.  The
22             clerk of the circuit  court  shall  pay  all  monies
23             collected  from this fee to the county treasurer who
24             shall use the monies collected to defray  the  costs
25             of  corrections.  The county treasurer shall deposit
26             the fee collected in the county  working  cash  fund
27             under  Section  6-27001  or  Section  6-29002 of the
28             Counties Code, as the case may be.
29             (11)  comply with the terms  and  conditions  of  an
30        order  of  protection issued by the court pursuant to the
31        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
32        hereafter amended, or an order of  protection  issued  by
33        the  court  of  another  state,  tribe,  or United States
34        territory. A copy of the order  of  protection  shall  be
 
                            -89-     LRB093 06576 RLC 14074 a
 1        transmitted  to  the  probation  officer or agency having
 2        responsibility for the case;
 3             (12)  reimburse any "local  anti-crime  program"  as
 4        defined  in  Section 7 of the Anti-Crime Advisory Council
 5        Act for any reasonable expenses incurred by  the  program
 6        on  the offender's case, not to exceed the maximum amount
 7        of the fine authorized for  the  offense  for  which  the
 8        defendant was sentenced;
 9             (13)  contribute  a  reasonable sum of money, not to
10        exceed the maximum amount of the fine authorized for  the
11        offense  for  which  the  defendant  was  sentenced, to a
12        "local anti-crime program", as defined in  Section  7  of
13        the Anti-Crime Advisory Council Act;
14             (14)  refrain   from   entering  into  a  designated
15        geographic area except upon such terms as the court finds
16        appropriate. Such terms may include consideration of  the
17        purpose  of  the  entry,  the  time of day, other persons
18        accompanying the defendant, and  advance  approval  by  a
19        probation  officer,  if  the defendant has been placed on
20        probation or  advance  approval  by  the  court,  if  the
21        defendant was placed on conditional discharge;
22             (15)  refrain  from  having any contact, directly or
23        indirectly, with certain specified persons or  particular
24        types of persons, including but not limited to members of
25        street gangs and drug users or dealers;
26             (16)  refrain  from  having  in  his or her body the
27        presence of any illicit drug prohibited by  the  Cannabis
28        Control  Act  or  the Illinois Controlled Substances Act,
29        unless prescribed by a physician, and submit  samples  of
30        his  or her blood or urine or both for tests to determine
31        the presence of any illicit drug.
32        (c)  The court may as a  condition  of  probation  or  of
33    conditional discharge require that a person under 18 years of
34    age  found  guilty  of  any  alcohol,  cannabis or controlled
 
                            -90-     LRB093 06576 RLC 14074 a
 1    substance  violation,  refrain  from  acquiring  a   driver's
 2    license   during  the  period  of  probation  or  conditional
 3    discharge.  If such person is in possession of  a  permit  or
 4    license,  the  court  may require that the minor refrain from
 5    driving or operating any motor vehicle during the  period  of
 6    probation   or   conditional  discharge,  except  as  may  be
 7    necessary in the course of the minor's lawful employment.
 8        (d)  An offender sentenced to probation or to conditional
 9    discharge shall be given  a  certificate  setting  forth  the
10    conditions thereof.
11        (e)  Except  where the offender has committed a fourth or
12    subsequent violation of subsection (c)  of Section  6-303  of
13    the  Illinois  Vehicle Code, the court shall not require as a
14    condition  of  the  sentence  of  probation  or   conditional
15    discharge  that  the  offender  be  committed  to a period of
16    imprisonment in excess of 6 months. This 6 month limit  shall
17    not  include  periods  of  confinement  given  pursuant  to a
18    sentence  of  county  impact  incarceration   under   Section
19    5-8-1.2.  This  6  month  limit  does  not  apply to a person
20    sentenced to probation as a  result  of  a  conviction  of  a
21    fourth or subsequent violation of subsection (c-4) of Section
22    11-501 of the Illinois Vehicle Code or a similar provision of
23    a local ordinance.
24        Persons  committed  to  imprisonment  as  a  condition of
25    probation or conditional discharge shall not be committed  to
26    the Department of Corrections.
27        (f)  The   court  may  combine  a  sentence  of  periodic
28    imprisonment under Article 7 or a sentence to a county impact
29    incarceration program under Article  8  with  a  sentence  of
30    probation or conditional discharge.
31        (g)  An offender sentenced to probation or to conditional
32    discharge  and  who  during  the  term  of  either  undergoes
33    mandatory drug or alcohol testing, or both, or is assigned to
34    be  placed on an approved electronic monitoring device, shall
 
                            -91-     LRB093 06576 RLC 14074 a
 1    be ordered to pay all costs incidental to such mandatory drug
 2    or alcohol testing, or both, and all costs incidental to such
 3    approved  electronic  monitoring  in  accordance   with   the
 4    defendant's  ability  to  pay  those costs.  The county board
 5    with the concurrence of  the  Chief  Judge  of  the  judicial
 6    circuit  in  which  the  county  is  located  shall establish
 7    reasonable fees for the cost  of  maintenance,  testing,  and
 8    incidental  expenses related to the mandatory drug or alcohol
 9    testing, or  both,  and  all  costs  incidental  to  approved
10    electronic  monitoring,  involved  in  a successful probation
11    program for the county.  The concurrence of the  Chief  Judge
12    shall  be  in  the  form of an administrative order. The fees
13    shall be collected by the clerk of the  circuit  court.   The
14    clerk  of  the  circuit  court shall pay all moneys collected
15    from these fees to the county treasurer  who  shall  use  the
16    moneys collected to defray the costs of drug testing, alcohol
17    testing,  and  electronic  monitoring.  The  county treasurer
18    shall deposit the fees collected in the county  working  cash
19    fund under Section 6-27001 or Section 6-29002 of the Counties
20    Code, as the case may be.
21        (h)  Jurisdiction  over  an  offender  may be transferred
22    from the sentencing court to the  court  of  another  circuit
23    with  the  concurrence  of both courts.  Further transfers or
24    retransfers of jurisdiction are also authorized in  the  same
25    manner.  The court to which jurisdiction has been transferred
26    shall have the same powers as the sentencing court.
27        (i)  The court shall impose upon an offender sentenced to
28    probation  after  January 1, 1989 or to conditional discharge
29    after January 1, 1992, as a condition of  such  probation  or
30    conditional  discharge,  a  fee  of  $25  for  each  month of
31    probation or conditional discharge supervision ordered by the
32    court, unless after determining the inability of  the  person
33    sentenced  to  probation  or conditional discharge to pay the
34    fee, the court assesses a  lesser  fee.  The  court  may  not
 
                            -92-     LRB093 06576 RLC 14074 a
 1    impose  the  fee  on  a minor who is made a ward of the State
 2    under the Juvenile Court Act of 1987 while the  minor  is  in
 3    placement. The fee shall be imposed only upon an offender who
 4    is  actively  supervised  by the probation and court services
 5    department.  The fee shall be collected by the clerk  of  the
 6    circuit  court.  The clerk of the circuit court shall pay all
 7    monies collected from this fee to the  county  treasurer  for
 8    deposit  in  the  probation  and  court  services  fund under
 9    Section 15.1 of the Probation and Probation Officers Act.
10        (j)  All fines and costs imposed under this  Section  for
11    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
12    Vehicle Code, or a similar provision of  a  local  ordinance,
13    and any violation of the Child Passenger Protection Act, or a
14    similar  provision  of  a local ordinance, shall be collected
15    and disbursed by the circuit clerk as provided under  Section
16    27.5 of the Clerks of Courts Act.
17    (Source: P.A.  91-325,  eff.  7-29-99;  91-696, eff. 4-13-00;
18    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
19    8-10-01; 92-418, eff. 8-17-01; 92-442, eff. 8-17-01;  92-571,
20    eff. 6-26-02; 92-651, eff. 7-11-02.)

21        Section   25.   The  Sex  Offender  Registration  Act  is
22    amended by changing Section 2 as follows:

23        (730 ILCS 150/2) (from Ch. 38, par. 222)
24        Sec. 2.  Definitions.
25        (A)  As  used  in  this Article, "sex offender" means any
26    person who is:
27             (1)  charged  pursuant  to  Illinois  law,  or   any
28        substantially  similar  federal, Uniform Code of Military
29        Justice, sister state, or foreign country law, with a sex
30        offense set forth in subsection (B) of  this  Section  or
31        the attempt to commit an included sex offense, and:
32                  (a)  is convicted of such offense or an attempt
 
                            -93-     LRB093 06576 RLC 14074 a
 1             to commit such offense; or
 2                  (b)  is  found not guilty by reason of insanity
 3             of  such  offense  or  an  attempt  to  commit  such
 4             offense; or
 5                  (c)  is found not guilty by reason of  insanity
 6             pursuant   to  Section  104-25(c)  of  the  Code  of
 7             Criminal Procedure of 1963 of  such  offense  or  an
 8             attempt to commit such offense; or
 9                  (d)  is  the subject of a finding not resulting
10             in an acquittal at a hearing conducted  pursuant  to
11             Section  104-25(a) of the Code of Criminal Procedure
12             of 1963 for  the  alleged  commission  or  attempted
13             commission of such offense; or
14                  (e)  is  found not guilty by reason of insanity
15             following a hearing conducted pursuant to a federal,
16             Uniform Code of Military Justice, sister  state,  or
17             foreign country law substantially similar to Section
18             104-25(c)  of the Code of Criminal Procedure of 1963
19             of such offense or of the  attempted  commission  of
20             such offense; or
21                  (f)  is  the subject of a finding not resulting
22             in an acquittal at a hearing conducted pursuant to a
23             federal, Uniform Code of  Military  Justice,  sister
24             state,  or foreign country law substantially similar
25             to  Section  104-25(a)  of  the  Code  of   Criminal
26             Procedure  of  1963  for  the  alleged  violation or
27             attempted commission of such offense; or
28             (2)  certified  as  a  sexually   dangerous   person
29        pursuant  to the Illinois Sexually Dangerous Persons Act,
30        or any substantially similar  federal,  Uniform  Code  of
31        Military  Justice,  sister state, or foreign country law;
32        or
33             (3)  subject to the provisions of Section 2  of  the
34        Interstate  Agreements on Sexually Dangerous Persons Act;
 
                            -94-     LRB093 06576 RLC 14074 a
 1        or
 2             (4)  found to be a sexually violent person  pursuant
 3        to  the  Sexually  Violent  Persons Commitment Act or any
 4        substantially similar federal, Uniform Code  of  Military
 5        Justice, sister state, or foreign country law; or
 6             (5)  adjudicated a juvenile delinquent as the result
 7        of  committing  or  attempting to commit an act which, if
 8        committed by  an  adult,  would  constitute  any  of  the
 9        offenses  specified  in  item  (B), (C), or (C-5) of this
10        Section or  a  violation  of  any  substantially  similar
11        federal,  Uniform Code of Military Justice, sister state,
12        or foreign country law, or found guilty under  Article  V
13        of  the  Juvenile  Court  Act  of  1987  of committing or
14        attempting to commit an act which,  if  committed  by  an
15        adult,  would constitute any of the offenses specified in
16        item (B), (C), or (C-5) of this Section or a violation of
17        any  substantially  similar  federal,  Uniform  Code   of
18        Military Justice, sister state, or foreign country law.
19        Convictions  that  result  from or are connected with the
20    same act, or result from offenses committed at the same time,
21    shall be counted for the  purpose  of  this  Article  as  one
22    conviction.   Any conviction set aside pursuant to law is not
23    a conviction for purposes of this Article.
24         For purposes of this Section, "convicted" shall have the
25    same meaning as "adjudicated".
26        (B)  As used in this Article, "sex offense" means:
27             (1)  A violation of any of the following Sections of
28        the Criminal Code of 1961:
29                  11-20.1 (child pornography),
30                  11-6 (indecent solicitation of a child),
31                  11-9.1 (sexual exploitation of a child),
32                  11-15.1 (soliciting for a juvenile prostitute),
33                  11-18.1 (patronizing a juvenile prostitute),
34                  11-17.1   (keeping   a   place   of    juvenile
 
                            -95-     LRB093 06576 RLC 14074 a
 1             prostitution),
 2                  11-19.1 (juvenile pimping),
 3                  11-19.2 (exploitation of a child),
 4                  12-13 (criminal sexual assault),
 5                  12-14 (aggravated criminal sexual assault),
 6                  12-14.1 (predatory criminal sexual assault of a
 7             child),
 8                  12-15 (criminal sexual abuse),
 9                  12-16 (aggravated criminal sexual abuse),
10                  12-33 (ritualized abuse of a child).
11                  An attempt to commit any of these offenses.
12             (1.5)  A  violation of any of the following Sections
13        of the Criminal Code of 1961, when the victim is a person
14        under 18 years of age, the defendant is not a  parent  of
15        the  victim,  and  the  offense was committed on or after
16        January 1, 1996:
17                  10-1 (kidnapping),
18                  10-2 (aggravated kidnapping),
19                  10-3 (unlawful restraint),
20                  10-3.1 (aggravated unlawful restraint).
21                  An attempt to commit any of these offenses.
22             (1.6)  First degree murder under Section 9-1 of  the
23        Criminal Code of 1961, when the victim was a person under
24        18  years  of age, the defendant was at least 18 17 years
25        of age at the time of the commission of the offense,  and
26        the offense was committed on or after June 1, 1996.
27             (1.7)  (Blank).
28             (1.8)  A violation or attempted violation of Section
29        11-11  (sexual relations within families) of the Criminal
30        Code of 1961, and the offense was committed on  or  after
31        June 1, 1997.
32             (1.9)   Child  abduction  under  paragraph  (10)  of
33        subsection  (b)  of  Section 10-5 of the Criminal Code of
34        1961 committed by luring or attempting to  lure  a  child
 
                            -96-     LRB093 06576 RLC 14074 a
 1        under the age of 16 into a motor vehicle, building, house
 2        trailer,  or  dwelling  place  without the consent of the
 3        parent or lawful custodian of the child for other than  a
 4        lawful  purpose and the offense was committed on or after
 5        January 1, 1998.
 6             (1.10) A violation or attempted violation of any  of
 7        the  following Sections of the Criminal Code of 1961 when
 8        the offense was committed on or after July 1, 1999:
 9                  10-4  (forcible detention,  if  the  victim  is
10             under 18 years of age),
11                  11-6.5  (indecent solicitation of an adult),
12                  11-15  (soliciting  for  a  prostitute,  if the
13             victim is under 18 years of age),
14                  11-16  (pandering, if the victim  is  under  18
15             years of age),
16                  11-18  (patronizing a prostitute, if the victim
17             is under 18 years of age),
18                  11-19  (pimping,  if  the  victim  is  under 18
19             years of age).
20             (1.11)  A violation or attempted violation of any of
21        the following Sections of the Criminal Code of 1961  when
22        the  offense was committed on or after the effective date
23        of this amendatory Act of the 92nd General Assembly:
24                  11-9  (public  indecency   for   a   third   or
25             subsequent conviction),
26                  11-9.2  (custodial sexual misconduct).
27             (1.12)  A   violation   or  attempted  violation  of
28        Section 5.1 of the Wrongs  to  Children  Act  (permitting
29        sexual  abuse) when the offense was committed on or after
30        the effective date of this amendatory  Act  of  the  92nd
31        General Assembly.
32             (2)  A  violation  of  any  former law of this State
33        substantially  equivalent  to  any  offense   listed   in
34        subsection (B) of this Section.
 
                            -97-     LRB093 06576 RLC 14074 a
 1        (C)  A  conviction for an offense of federal law, Uniform
 2    Code of Military Justice, or the law of another  state  or  a
 3    foreign  country  that  is  substantially  equivalent  to any
 4    offense listed in subsections  (B),  (C),  and  (E)  of  this
 5    Section shall constitute a conviction for the purpose of this
 6    Article.   A  finding or adjudication as a sexually dangerous
 7    person or a sexually violent person under  any  federal  law,
 8    Uniform Code of Military Justice, or the law of another state
 9    or  foreign  country  that is substantially equivalent to the
10    Sexually  Dangerous  Persons  Act  or  the  Sexually  Violent
11    Persons Commitment Act shall constitute an  adjudication  for
12    the purposes of this Article.
13        (C-5)  A  person  at least 18 17 years of age at the time
14    of the commission of the offense who is  convicted  of  first
15    degree murder under Section 9-1 of the Criminal Code of 1961,
16    committed  on or after June 1, 1996 against a person under 18
17    years of age, shall be required to register for natural life.
18    A conviction for an  offense  of  federal,  Uniform  Code  of
19    Military  Justice,  sister state, or foreign country law that
20    is  substantially  equivalent  to  any  offense   listed   in
21    subsection   (C-5)   of   this  Section  shall  constitute  a
22    conviction for the purpose of this Article.
23        (D)  As used in this  Article,  "law  enforcement  agency
24    having jurisdiction" means the Chief of Police in each of the
25    municipalities  in  which the sex offender expects to reside,
26    work, or attend school (1) upon his or her discharge,  parole
27    or  release  or (2) during the service of his or her sentence
28    of probation or conditional discharge, or the Sheriff of  the
29    county,  in  the  event  no  Police  Chief  exists  or if the
30    offender intends to reside, work,  or  attend  school  in  an
31    unincorporated   area.      "Law  enforcement  agency  having
32    jurisdiction"  includes  the  location   where   out-of-state
33    students  attend  school and where out-of-state employees are
34    employed or are otherwise required to register.
 
                            -98-     LRB093 06576 RLC 14074 a
 1        (E)  As used in this Article, "sexual predator" means any
 2    person who, after July 1, 1999, is:
 3             (1)  Convicted for an offense  of  federal,  Uniform
 4        Code  of  Military  Justice,  sister  state,  or  foreign
 5        country  law  that  is  substantially  equivalent  to any
 6        offense listed in subsection (E) of  this  Section  shall
 7        constitute  a conviction for the purpose of this Article.
 8        Convicted of a violation or attempted violation of any of
 9        the following Sections of the Criminal Code of  1961,  if
10        the conviction occurred after July 1, 1999:
11                  11-17.1  (keeping    a    place   of   juvenile
12             prostitution),
13                  11-19.1  (juvenile pimping),
14                  11-19.2  (exploitation of a child),
15                  11-20.1  (child pornography),
16                  12-13  (criminal sexual assault, if the  victim
17             is a person under 12 years of age),
18                  12-14  (aggravated criminal sexual assault),
19                  12-14.1  (predatory  criminal sexual assault of
20             a child),
21                  12-16  (aggravated criminal sexual abuse),
22                  12-33  (ritualized abuse of a child); or
23             (2)  convicted of first degree murder under  Section
24        9-1  of  the Criminal Code of 1961, when the victim was a
25        person under 18 years of age and  the  defendant  was  at
26        least 18 17 years of age at the time of the commission of
27        the offense; or
28             (3)  certified   as   a  sexually  dangerous  person
29        pursuant to the Sexually Dangerous  Persons  Act  or  any
30        substantially  similar  federal, Uniform Code of Military
31        Justice, sister state, or foreign country law; or
32             (4)  found to be a sexually violent person  pursuant
33        to  the  Sexually  Violent  Persons Commitment Act or any
34        substantially similar federal, Uniform Code  of  Military
 
                            -99-     LRB093 06576 RLC 14074 a
 1        Justice, sister state, or foreign country law; or
 2             (5)  convicted  of  a  second  or subsequent offense
 3        which requires registration pursuant to  this  Act.   The
 4        conviction for the second or subsequent offense must have
 5        occurred  after  July  1,  1999.   For  purposes  of this
 6        paragraph (5), "convicted"  shall  include  a  conviction
 7        under   any   substantially  similar  Illinois,  federal,
 8        Uniform  Code  of  Military  Justice,  sister  state,  or
 9        foreign country law.
10        (F)  As used  in  this  Article,  "out-of-state  student"
11    means any sex offender, as defined in this Section, or sexual
12    predator  who  is  enrolled  in  Illinois,  on a full-time or
13    part-time  basis,  in  any  public  or  private   educational
14    institution,  including,  but  not  limited to, any secondary
15    school, trade or professional institution, or institution  of
16    higher learning.
17        (G)  As  used  in  this  Article, "out-of-state employee"
18    means any sex offender, as defined in this Section, or sexual
19    predator who works in Illinois,  regardless  of  whether  the
20    individual  receives  payment  for  services performed, for a
21    period of time of 10 or more days or for an aggregate  period
22    of time of 30 or more days during any calendar year.  Persons
23    who  operate  motor  vehicles  in the State accrue one day of
24    employment time for any portion of a day spent in Illinois.
25    (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)

26        Section 95.  This Act applies only  to  persons  arrested
27    before their 18th birthday if the arrest occurred on or after
28    the effective date of this amendatory Act of the 93rd General
29    Assembly.   Any  person  arrested who was 17 years of age but
30    under 18 years of age and  the  arrest  occurred  before  the
31    effective  date  of  this  amendatory Act of the 93rd General
32    Assembly shall be prosecuted under the criminal laws of  this
33    State.
 
                            -100-    LRB093 06576 RLC 14074 a
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.".