093_SB1143

 
                                     LRB093 07490 MBS 11181 b

 1        AN ACT concerning criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 1-8 as follows:

 6        (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
 7        Sec. 1-8.  Confidentiality and accessibility of  juvenile
 8    court records.
 9        (A)  Inspection  and  copying  of  juvenile court records
10    relating to a minor who is the subject of a proceeding  under
11    this Act shall be restricted to the following:
12             (1)  The  minor  who  is  the subject of record, his
13        parents, guardian and counsel.
14             (2)  Law enforcement officers  and  law  enforcement
15        agencies  when such information is essential to executing
16        an arrest or search warrant or other compulsory  process,
17        or  to conducting an ongoing investigation or relating to
18        a 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.
22             Before July  1,  1994,  for  the  purposes  of  this
23        Section,   "criminal   street  gang"  means  any  ongoing
24        organization, association, or group of 3 or more persons,
25        whether formal or informal, having as one of its  primary
26        activities  the  commission  of one or more criminal acts
27        and that has a common name or  common  identifying  sign,
28        symbol  or  specific  color  apparel displayed, and whose
29        members individually or collectively engage  in  or  have
30        engaged in a pattern of criminal activity.
31             Beginning   July  1,  1994,  for  purposes  of  this
 
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 1        Section, "criminal street gang" has the meaning  ascribed
 2        to  it in Section 10 of the Illinois Streetgang Terrorism
 3        Omnibus Prevention Act.
 4             (3)  Judges,    hearing    officers,    prosecutors,
 5        probation officers, social workers or  other  individuals
 6        assigned  by  the  court to conduct a pre-adjudication or
 7        predisposition investigation, and individuals responsible
 8        for supervising or providing temporary or permanent  care
 9        and  custody  for  minors  pursuant  to  the order of the
10        juvenile  court  when  essential  to   performing   their
11        responsibilities.
12             (4)  Judges, prosecutors and probation officers:
13                  (a)  in  the course of a trial when institution
14             of  criminal  proceedings  has  been  permitted   or
15             required under Section 5-805; or
16                  (b)  when   criminal   proceedings   have  been
17             permitted or required  under  Section  5-805  and  a
18             minor  is  the  subject of a proceeding to determine
19             the amount of bail; or
20                  (c)  when  criminal   proceedings   have   been
21             permitted  or  required  under  Section  5-805 and a
22             minor is the subject of a  pre-trial  investigation,
23             pre-sentence  investigation  or  fitness hearing, or
24             proceedings on an application for probation; or
25                  (d)  when a minor becomes 17 years  of  age  or
26             older,  and  is the subject of criminal proceedings,
27             including a hearing to determine the amount of bail,
28             a   pre-trial    investigation,    a    pre-sentence
29             investigation,  a fitness hearing, or proceedings on
30             an application for probation.
31             (5)  Adult and Juvenile Prisoner Review Boards.
32             (6)  Authorized military personnel.
33             (7)  Victims,    their    subrogees    and     legal
34        representatives;  however, such persons shall have access
 
                            -3-      LRB093 07490 MBS 11181 b
 1        only to the name and address of the minor and information
 2        pertaining to the disposition or  alternative  adjustment
 3        plan of the juvenile court; victims of sex offenses shall
 4        also  have  access  to information regarding the HIV/AIDS
 5        status of the juvenile offender.
 6             (8)  Persons engaged in bona fide research, with the
 7        permission of the presiding judge of the  juvenile  court
 8        and  the  chief executive of the agency that prepared the
 9        particular records; provided  that  publication  of  such
10        research  results  in no disclosure of a minor's identity
11        and protects the confidentiality of the record.
12             (9)  The Secretary of State to whom the Clerk of the
13        Court shall report  the  disposition  of  all  cases,  as
14        required  in  Section 6-204 of the Illinois Vehicle Code.
15        However, information reported relative to these  offenses
16        shall  be  privileged and available only to the Secretary
17        of State, courts, and police officers.
18             (10)  The  administrator  of  a  bonafide  substance
19        abuse student assistance program with the  permission  of
20        the presiding judge of the juvenile court.
21             (11)  Mental  health  professionals on behalf of the
22        Illinois Department of Corrections or the  Department  of
23        Human   Services   or  prosecutors  who  are  evaluating,
24        prosecuting,  or  investigating  a  potential  or  actual
25        petition brought under the  Sexually  Persons  Commitment
26        Act  relating  to a person who is the subject of juvenile
27        court records or the respondent  to  a  petition  brought
28        under the Sexually Violent Persons Commitment Act, who is
29        the  subject  of  juvenile  court  records  sought.   Any
30        records  and  any information obtained from those records
31        under this paragraph (11) may be used  only  in  sexually
32        violent persons commitment proceedings.
33        (B)  A  minor  who is the victim in a juvenile proceeding
34    shall  be  provided  the   same   confidentiality   regarding
 
                            -4-      LRB093 07490 MBS 11181 b
 1    disclosure  of  identity  as  the minor who is the subject of
 2    record.
 3        (C)  Except as otherwise provided in this subsection (C),
 4    juvenile court records shall not be  made  available  to  the
 5    general  public  but  may  be inspected by representatives of
 6    agencies, associations  and  news  media  or  other  properly
 7    interested  persons by general or special order of the court.
 8    The State's Attorney, the minor, his  parents,  guardian  and
 9    counsel  shall  at  all times have the right to examine court
10    files and records.
11             (1)  The court shall allow  the  general  public  to
12        have  access to the name, address, and offense of a minor
13        who is adjudicated a  delinquent  minor  under  this  Act
14        under either of the following circumstances:
15                  (A)  The  adjudication of delinquency was based
16             upon the minor's commission of first degree  murder,
17             attempt  to  commit  first degree murder, aggravated
18             criminal sexual assault, or criminal sexual assault;
19             or
20                  (B)  The court has  made  a  finding  that  the
21             minor  was  at least 13 years of age at the time the
22             act  was   committed   and   the   adjudication   of
23             delinquency  was  based  upon the minor's commission
24             of: (i) an act in furtherance of the commission of a
25             felony as a member of or on  behalf  of  a  criminal
26             street  gang,  (ii)  an  act  involving the use of a
27             firearm in the commission of a felony, (iii) an  act
28             that  would be a Class X felony offense under or the
29             minor's second or  subsequent  Class  2  or  greater
30             felony  offense  under  the  Cannabis Control Act if
31             committed by an adult, (iv) an act that would  be  a
32             second  or  subsequent  offense under Section 402 of
33             the Illinois Controlled Substances Act if  committed
34             by  an adult, or (v) an act that would be an offense
 
                            -5-      LRB093 07490 MBS 11181 b
 1             under  Section  401  of  the   Illinois   Controlled
 2             Substances Act if committed by an adult.
 3             (2)  The  court  shall  allow  the general public to
 4        have access to the name, address, and offense of a  minor
 5        who  is  at least 13 years of age at the time the offense
 6        is  committed  and  who   is   convicted,   in   criminal
 7        proceedings  permitted  or  required  under  Section 5-4,
 8        under either of the following circumstances:
 9                  (A)  The minor  has  been  convicted  of  first
10             degree   murder,  attempt  to  commit  first  degree
11             murder,  aggravated  criminal  sexual  assault,   or
12             criminal sexual assault,
13                  (B)  The  court  has  made  a  finding that the
14             minor was at least 13 years of age at the  time  the
15             offense  was  committed and the conviction was based
16             upon the minor's commission of: (i)  an  offense  in
17             furtherance  of  the  commission  of  a  felony as a
18             member of or on behalf of a  criminal  street  gang,
19             (ii)  an  offense  involving the use of a firearm in
20             the commission of a felony, (iii) a Class  X  felony
21             offense  under  or a second or subsequent Class 2 or
22             greater felony offense under  the  Cannabis  Control
23             Act,  (iv)  a  second  or  subsequent  offense under
24             Section 402 of the  Illinois  Controlled  Substances
25             Act,  or  (v)  an  offense  under Section 401 of the
26             Illinois Controlled Substances Act.
27        (D)  Pending or following any adjudication of delinquency
28    for any offense defined in Sections 12-13  through  12-16  of
29    the  Criminal  Code  of  1961, the victim of any such offense
30    shall receive the rights set out in Sections 4 and 6  of  the
31    Bill  of  Rights  for  Victims and Witnesses of Violent Crime
32    Act; and the juvenile who is the subject of the adjudication,
33    notwithstanding any other provision of  this  Act,  shall  be
34    treated  as an adult for the purpose of affording such rights
 
                            -6-      LRB093 07490 MBS 11181 b
 1    to the victim.
 2        (E)  Nothing in this Section shall affect the right of  a
 3    Civil  Service  Commission  or  appointing  authority  of any
 4    state, county or municipality  examining  the  character  and
 5    fitness of an applicant for employment with a law enforcement
 6    agency,  correctional  institution,  or  fire  department  to
 7    ascertain whether that applicant was ever adjudicated to be a
 8    delinquent  minor  and,  if  so,  to  examine  the records of
 9    disposition or evidence which were made in proceedings  under
10    this Act.
11        (F)  Following  any  adjudication  of  delinquency  for a
12    crime which would be a felony if committed by  an  adult,  or
13    following  any adjudication of delinquency for a violation of
14    Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal  Code  of
15    1961,  the State's Attorney shall ascertain whether the minor
16    respondent is enrolled in school and, if so, shall provide  a
17    copy  of  the  dispositional  order to the principal or chief
18    administrative  officer  of  the  school.   Access  to   such
19    juvenile  records  shall be limited to the principal or chief
20    administrative  officer  of  the  school  and  any   guidance
21    counselor designated by him.
22        (G)  Nothing  contained  in this Act prevents the sharing
23    or  disclosure  of  information  or   records   relating   or
24    pertaining  to  juveniles  subject  to  the provisions of the
25    Serious Habitual Offender Comprehensive Action  Program  when
26    that   information   is   used   to   assist   in  the  early
27    identification and treatment of habitual juvenile offenders.
28        (H)  When a Court hearing a proceeding under  Article  II
29    of  this  Act  becomes aware that an earlier proceeding under
30    Article II had been heard in a different county,  that  Court
31    shall request, and the Court in which the earlier proceedings
32    were  initiated  shall transmit, an authenticated copy of the
33    Court record, including all documents, petitions, and  orders
34    filed   therein   and   the   minute  orders,  transcript  of
 
                            -7-      LRB093 07490 MBS 11181 b
 1    proceedings, and docket entries of the Court.
 2        (I)  The Clerk of the Circuit Court shall report  to  the
 3    Department  of  State Police, in the form and manner required
 4    by the Department of State Police, the final  disposition  of
 5    each minor who has been arrested or taken into custody before
 6    his  or  her  17th birthday for those offenses required to be
 7    reported under Section 5 of the Criminal Identification  Act.
 8    Information reported to the Department under this Section may
 9    be  maintained  with  records that the Department files under
10    Section 2.1 of the Criminal Identification Act.
11    (Source: P.A. 91-357,  eff.  7-29-99;  91-368,  eff.  1-1-00,
12    92-415, eff. 8-17-01.)