Illinois General Assembly - Full Text of SB1552
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Full Text of SB1552  102nd General Assembly

SB1552enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1552 EnrolledLRB102 12149 KMF 17486 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds that an
5adequate continuum of care is necessary to better address the
6needs of juveniles within the court system.
7    The General Assembly finds that the unique partnership of
8State and local services is needed to provide the right
9placements, and the right services for justice-involved
10juveniles.
11    The General Assembly finds that providing information to
12local probation departments in a timely manner will improve
13both services and outcomes for juveniles.
14    Therefore, the General Assembly recommends that
15information to assist juveniles needs to be available while at
16the same time maintaining its confidentiality.
 
17    Section 5. The Juvenile Court Act of 1987 is amended by
18changing Section 5-901 as follows:
 
19    (705 ILCS 405/5-901)
20    Sec. 5-901. Court file.
21    (1) The Court file with respect to proceedings under this
22Article shall consist of the petitions, pleadings, victim

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        Methamphetamine Control and Community Protection Act.
2    (6) Nothing in this Section shall be construed to limit
3the use of a adjudication of delinquency as evidence in any
4juvenile or criminal proceeding, where it would otherwise be
5admissible under the rules of evidence, including but not
6limited to, use as impeachment evidence against any witness,
7including the minor if he or she testifies.
8    (7) Nothing in this Section shall affect the right of a
9Civil Service Commission or appointing authority examining the
10character and fitness of an applicant for a position as a law
11enforcement officer to ascertain whether that applicant was
12ever adjudicated to be a delinquent minor and, if so, to
13examine the records or evidence which were made in proceedings
14under this Act.
15    (8) Following any adjudication of delinquency for a crime
16which would be a felony if committed by an adult, or following
17any adjudication of delinquency for a violation of Section
1824-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
19Criminal Code of 2012, the State's Attorney shall ascertain
20whether the minor respondent is enrolled in school and, if so,
21shall provide a copy of the sentencing order to the principal
22or chief administrative officer of the school. Access to such
23juvenile records shall be limited to the principal or chief
24administrative officer of the school and any guidance
25counselor designated by him or her.
26    (9) Nothing contained in this Act prevents the sharing or

 

 

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1disclosure of information or records relating or pertaining to
2juveniles subject to the provisions of the Serious Habitual
3Offender Comprehensive Action Program when that information is
4used to assist in the early identification and treatment of
5habitual juvenile offenders.
6    (11) The Clerk of the Circuit Court shall report to the
7Department of State Police, in the form and manner required by
8the Department of State Police, the final disposition of each
9minor who has been arrested or taken into custody before his or
10her 18th birthday for those offenses required to be reported
11under Section 5 of the Criminal Identification Act.
12Information reported to the Department under this Section may
13be maintained with records that the Department files under
14Section 2.1 of the Criminal Identification Act.
15    (12) Information or records may be disclosed to the
16general public when the court is conducting hearings under
17Section 5-805 or 5-810.
18    (13) The changes made to this Section by Public Act 98-61
19apply to juvenile court records of a minor who has been
20arrested or taken into custody on or after January 1, 2014 (the
21effective date of Public Act 98-61).
22(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
2398-756, eff. 7-16-14.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.