Full Text of HB5920 96th General Assembly
HB5920 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5920
Introduced 2/10/2010, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/1-7 |
from Ch. 37, par. 801-7 |
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Amends the Juvenile Court Act of 1987. Provides that law enforcement
agencies may release law enforcement records, when a minor's parent or legal guardian has signed a release and waiver of confidentiality, for the sole purpose of releasing those records to a teen court, peer court, or other juvenile division program as authorized by the Act. Provides that the program that receives such confidential records shall use those records only for the operation of the program and shall otherwise keep all such records confidential.
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A BILL FOR
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HB5920 |
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LRB096 20256 RLC 35846 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 1-7 as follows:
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| (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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| Sec. 1-7. Confidentiality of law enforcement records.
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| (A) Inspection and copying of law enforcement records | 9 |
| maintained by law
enforcement agencies that relate to a minor | 10 |
| who has been arrested or taken
into custody before his or her | 11 |
| 17th birthday shall be restricted to the
following:
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| (1) Any local, State or federal law enforcement | 13 |
| officers of any
jurisdiction or agency when necessary for | 14 |
| the discharge of their official
duties during the | 15 |
| investigation or prosecution of a crime or relating to a
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| minor who has been adjudicated delinquent and there has | 17 |
| been a previous finding
that the act which constitutes the | 18 |
| previous offense was committed in
furtherance of criminal | 19 |
| activities by a criminal street gang, or, when necessary | 20 |
| for the discharge of its official duties in connection with | 21 |
| a particular investigation of the conduct of a law | 22 |
| enforcement officer, an independent agency or its staff | 23 |
| created by ordinance and charged by a unit of local |
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| government with the duty of investigating the conduct of | 2 |
| law enforcement officers. For purposes of
this Section, | 3 |
| "criminal street gang" has the meaning ascribed to it in
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| Section 10 of the Illinois Streetgang Terrorism Omnibus | 5 |
| Prevention Act.
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| (2) Prosecutors, probation officers, social workers, | 7 |
| or other
individuals assigned by the court to conduct a | 8 |
| pre-adjudication or
pre-disposition investigation, and | 9 |
| individuals responsible for supervising
or providing | 10 |
| temporary or permanent care and custody for minors pursuant | 11 |
| to
the order of the juvenile court, when essential to | 12 |
| performing their
responsibilities.
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| (3) Prosecutors and probation officers:
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| (a) in the course of a trial when institution of | 15 |
| criminal proceedings
has been permitted or required | 16 |
| under Section 5-805; or
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| (b) when institution of criminal proceedings has | 18 |
| been permitted or required under Section 5-805 and such | 19 |
| minor is the
subject
of a proceeding to determine the | 20 |
| amount of bail; or
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| (c) when criminal proceedings have been permitted
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| or
required under Section 5-805 and such minor is the | 23 |
| subject of a
pre-trial
investigation, pre-sentence | 24 |
| investigation, fitness hearing, or proceedings
on an | 25 |
| application for probation.
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| (4) Adult and Juvenile Prisoner Review Board.
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| (5) Authorized military personnel.
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| (6) Persons engaged in bona fide research, with the | 3 |
| permission of the
Presiding Judge of the Juvenile Court and | 4 |
| the chief executive of the respective
law enforcement | 5 |
| agency; provided that publication of such research results
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| in no disclosure of a minor's identity and protects the | 7 |
| confidentiality
of the minor's record.
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| (7) Department of Children and Family Services child | 9 |
| protection
investigators acting in their official | 10 |
| capacity.
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| (8) The appropriate school official. Inspection and | 12 |
| copying
shall be limited to law enforcement records | 13 |
| transmitted to the appropriate
school official by a local | 14 |
| law enforcement agency under a reciprocal reporting
system | 15 |
| established and maintained between the school district and | 16 |
| the local law
enforcement agency under Section 10-20.14 of | 17 |
| the School Code concerning a minor
enrolled in a school | 18 |
| within the school district who has been arrested or taken
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| into custody for any of the following offenses:
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| (i) unlawful use of weapons under Section 24-1 of | 21 |
| the Criminal Code of
1961;
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| (ii) a violation of the Illinois Controlled | 23 |
| Substances Act;
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| (iii) a violation of the Cannabis Control Act;
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| (iv) a forcible felony as defined in Section 2-8 of | 26 |
| the Criminal Code
of 1961; or |
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| (v) a violation of the Methamphetamine Control and | 2 |
| Community Protection Act.
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| (9) Mental health professionals on behalf of the | 4 |
| Illinois Department of
Corrections or the Department of | 5 |
| Human Services or prosecutors who are
evaluating, | 6 |
| prosecuting, or investigating a potential or actual | 7 |
| petition
brought
under the Sexually Violent Persons | 8 |
| Commitment Act relating to a person who is
the
subject of | 9 |
| juvenile law enforcement records or the respondent to a | 10 |
| petition
brought under the Sexually Violent Persons | 11 |
| Commitment Act who is the subject of
the
juvenile law | 12 |
| enforcement records sought.
Any records and any | 13 |
| information obtained from those records under this
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| paragraph (9) may be used only in sexually violent persons | 15 |
| commitment
proceedings.
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| (B) (1) Except as provided in paragraph (2), no law | 17 |
| enforcement
officer or other person or agency may knowingly | 18 |
| transmit to the Department of
Corrections, Adult Division | 19 |
| or the Department of State Police or to the Federal
Bureau | 20 |
| of Investigation any fingerprint or photograph relating to | 21 |
| a minor who
has been arrested or taken into custody before | 22 |
| his or her 17th birthday,
unless the court in proceedings | 23 |
| under this Act authorizes the transmission or
enters an | 24 |
| order under Section 5-805 permitting or requiring the
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| institution of
criminal proceedings.
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| (2) Law enforcement officers or other persons or |
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| agencies shall transmit
to the Department of State Police | 2 |
| copies of fingerprints and descriptions
of all minors who | 3 |
| have been arrested or taken into custody before their
17th | 4 |
| birthday for the offense of unlawful use of weapons under | 5 |
| Article 24 of
the Criminal Code of 1961, a Class X or Class | 6 |
| 1 felony, a forcible felony as
defined in Section 2-8 of | 7 |
| the Criminal Code of 1961, or a Class 2 or greater
felony | 8 |
| under the Cannabis Control Act, the Illinois Controlled | 9 |
| Substances Act, the Methamphetamine Control and Community | 10 |
| Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | 11 |
| pursuant to Section 5 of the
Criminal Identification Act. | 12 |
| Information reported to the Department pursuant
to this | 13 |
| Section may be maintained with records that the Department | 14 |
| files
pursuant to Section 2.1 of the Criminal | 15 |
| Identification Act. Nothing in this
Act prohibits a law | 16 |
| enforcement agency from fingerprinting a minor taken into
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| custody or arrested before his or her 17th birthday for an | 18 |
| offense other than
those listed in this paragraph (2).
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| (C) The records of law enforcement officers, or of an | 20 |
| independent agency created by ordinance and charged by a unit | 21 |
| of local government with the duty of investigating the conduct | 22 |
| of law enforcement officers, concerning all minors under
17 | 23 |
| years of age must be maintained separate from the records of | 24 |
| arrests and
may not be open to public inspection or their | 25 |
| contents disclosed to the
public except by order of the court | 26 |
| presiding over matters pursuant to this Act or when the |
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| institution of criminal
proceedings has been permitted or | 2 |
| required under Section
5-805 or such a person has been | 3 |
| convicted of a crime and is the
subject of
pre-sentence | 4 |
| investigation or proceedings on an application for probation
or | 5 |
| when provided by law. For purposes of obtaining documents | 6 |
| pursuant to this Section, a civil subpoena is not an order of | 7 |
| the court. | 8 |
| (1) In cases where the law enforcement, or independent | 9 |
| agency, records concern a pending juvenile court case, the | 10 |
| party seeking to inspect the records shall provide actual | 11 |
| notice to the attorney or guardian ad litem of the minor | 12 |
| whose records are sought. | 13 |
| (2) In cases where the records concern a juvenile court | 14 |
| case that is no longer pending, the party seeking to | 15 |
| inspect the records shall provide actual notice to the | 16 |
| minor or the minor's parent or legal guardian, and the | 17 |
| matter shall be referred to the chief judge presiding over | 18 |
| matters pursuant to this Act. | 19 |
| (3) In determining whether the records should be | 20 |
| available for inspection, the court shall consider the | 21 |
| minor's interest in confidentiality and rehabilitation | 22 |
| over the moving party's interest in obtaining the | 23 |
| information. Any records obtained in violation of this | 24 |
| subsection (C) shall not be admissible in any criminal or | 25 |
| civil proceeding, or operate to disqualify a minor from | 26 |
| subsequently holding public office or securing employment, |
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| or operate as a forfeiture of any public benefit, right, | 2 |
| privilege, or right to receive any license granted by | 3 |
| public authority.
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| (D) Nothing contained in subsection (C) of this Section | 5 |
| shall prohibit
the inspection or disclosure to victims and | 6 |
| witnesses of photographs
contained in the records of law | 7 |
| enforcement agencies when the
inspection and disclosure is | 8 |
| conducted in the presence of a law enforcement
officer for the | 9 |
| purpose of the identification or apprehension of any person
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| subject to the provisions of this Act or for the investigation | 11 |
| or
prosecution of any crime.
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| (E) Law enforcement officers, and personnel of an | 13 |
| independent agency created by ordinance and charged by a unit | 14 |
| of local government with the duty of investigating the conduct | 15 |
| of law enforcement officers, may not disclose the identity of | 16 |
| any minor
in releasing information to the general public as to | 17 |
| the arrest, investigation
or disposition of any case involving | 18 |
| a minor.
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| (F) Nothing contained in this Section shall prohibit law | 20 |
| enforcement
agencies from communicating with each other by | 21 |
| letter, memorandum, teletype or
intelligence alert bulletin or | 22 |
| other means the identity or other relevant
information | 23 |
| pertaining to a person under 17 years of age if there are
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| reasonable grounds to believe that the person poses a real and | 25 |
| present danger
to the safety of the public or law enforcement | 26 |
| officers. The information
provided under this subsection (F) |
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| shall remain confidential and shall not
be publicly disclosed, | 2 |
| except as otherwise allowed by law.
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| (G) Nothing in this Section shall prohibit the right of a | 4 |
| Civil Service
Commission or appointing authority of any state, | 5 |
| county or municipality
examining the character and fitness of | 6 |
| an applicant for employment with a law
enforcement agency, | 7 |
| correctional institution, or fire department
from obtaining | 8 |
| and examining the
records of any law enforcement agency | 9 |
| relating to any record of the applicant
having been arrested or | 10 |
| taken into custody before the applicant's 17th
birthday.
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| (H) Nothing in this Section shall prohibit law enforcement
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| agencies from releasing law enforcement records, when a minor's | 13 |
| parent or legal guardian has signed a release and waiver of | 14 |
| confidentiality, for the sole purpose of releasing those | 15 |
| records to a teen court, peer court, or other juvenile division | 16 |
| program as authorized by Section 5-315 of this Act. The program | 17 |
| that receives such confidential records shall use those records | 18 |
| only for the operation of the program and shall otherwise keep | 19 |
| all such records confidential pursuant to this Section. | 20 |
| (Source: P.A. 95-123, eff. 8-13-07; 96-419, eff. 8-13-09.)
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