Full Text of HB3886 102nd General Assembly
HB3886sam001 102ND GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 5/14/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3886
| 2 | | AMENDMENT NO. ______. Amend House Bill 3886 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | adding Section 2-10.3 as follows: | 6 | | (705 ILCS 405/2-10.3 new) | 7 | | Sec. 2-10.3. Access to news media. | 8 | | (a) All youth in the custody or guardianship of the | 9 | | Department of Children and Family Services are entitled to the | 10 | | freedom of speech guaranteed by the First Amendment to the | 11 | | Constitution of the United States and Section 4 of Article I of | 12 | | the Illinois Constitution. The Department of Children and | 13 | | Family Services and its agents and assigns shall not interfere | 14 | | with the right of any youth in its custody or guardianship to | 15 | | communicate with the news media if the youth chooses to do so. | 16 | | (b) Provisions related to minors under 18. Any time the |
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| 1 | | news media requests to speak with a specific, identified minor | 2 | | under 18 years of age, the Department of Children and Family | 3 | | Services shall immediately provide notice of the news media's | 4 | | request to the minor's attorney and guardian ad litem. The | 5 | | notice shall include at a minimum the minor's name, the news | 6 | | media name, and the date of the inquiry from the news media. | 7 | | Within one business day of the news media's request, the | 8 | | Department shall determine whether the minor wants to speak | 9 | | with the news media, whether the minor has sufficient maturity | 10 | | to make his or her own decision to communicate with the news | 11 | | media and whether contact with the news media will more likely | 12 | | than not cause the minor serious physical, emotional or mental | 13 | | harm. The Department shall provide notice of its determination | 14 | | to the minor's attorney and guardian ad litem within one | 15 | | business day of its determination. | 16 | | (c) Provisions related to minors over 18. The Department | 17 | | shall not take any action to interfere with the right of a | 18 | | minor over 18 to speak with the news media. | 19 | | (d) Court Review. | 20 | | (1) Any party may file a motion seeking to enforce | 21 | | rights under this Section. | 22 | | (2) If the minor does not have an attorney, the court | 23 | | shall appoint one for purposes of the motion. | 24 | | (3) The Department shall facilitate the minor's | 25 | | presence in court for hearings on the motion if the minor | 26 | | wants to be present. |
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| 1 | | (4) The party filing the motion shall provide prior | 2 | | notice of the hearing to the involved news media. | 3 | | (5) Minors over 18. If the court finds that the | 4 | | Department has interfered with the minor's right to | 5 | | communicate with the media, the court shall enjoin any | 6 | | further interference by the Department with the minor's | 7 | | contacts with the news media. | 8 | | (6) Minors under 18. The Department shall have the | 9 | | burden of establishing by clear and convincing evidence: | 10 | | (i) that the minor does not have sufficient maturity to | 11 | | make his or her own decision to communicate with the news | 12 | | media and that contact with the news media will, more | 13 | | likely than not, cause the minor serious physical, | 14 | | emotional or mental harm; and (ii) that less restrictive | 15 | | means are insufficient to address the minor's lack of | 16 | | maturity or the risk of serious physical, emotional or | 17 | | mental harm. If the court finds by clear and convincing | 18 | | evidence that a minor under 18 years of age lacks | 19 | | sufficient maturity to make his or her own decision to | 20 | | communicate with the media and that the contact with the | 21 | | news media will, more likely than not, cause the minor | 22 | | serious physical, emotional, or mental harm, the court may | 23 | | issue an order identifying the specific limits that the | 24 | | Department may impose on the minor's communication with | 25 | | the news media. The order shall not permit the Department | 26 | | to prevent the minor from communicating with the news |
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| 1 | | media unless it determines that no less restrictive means | 2 | | are available to address the likelihood of harm to the | 3 | | minor. | 4 | | (7) The court shall not impose any limitations on the | 5 | | speech of a minor based on viewpoints the minor may | 6 | | express or information the minor may divulge, unless it is | 7 | | confidential information regarding third parties. | 8 | | (8) All orders resolving motions brought under this | 9 | | subsection shall contain written findings in support of | 10 | | the court's ruling. | 11 | | (e) As used in this Section, "interfere" includes, but is | 12 | | not limited to: withholding information from a minor about a | 13 | | news media outlet's request to speak with the minor, including | 14 | | any contact information necessary to respond to the request; | 15 | | preventing a minor from communicating with the news media; | 16 | | threatening or coercing the minor in any manner; or punishing | 17 | | or taking adverse action because of a minor's contact with the | 18 | | news media. "Interfere" does not include: | 19 | | (1) providing information and advice about | 20 | | communicating with news media that is consistent with the | 21 | | minor's age, developmental capacity and circumstances, | 22 | | including information about the minor's right to refuse | 23 | | particular questions, the right to condition the | 24 | | participation upon a promise of anonymity or other privacy | 25 | | measures, the right to refuse to speak to the news media, | 26 | | and similar advice designed to enhance the minor's right |
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| 1 | | to autonomy in communicating with the news media; and | 2 | | (2) conducting an inquiry into (i) whether a minor | 3 | | under 18 is sufficiently mature to decide for themselves | 4 | | whether to communicate with the news media and (ii) | 5 | | whether communicating with the news media will more likely | 6 | | than not cause serious physical, emotional or mental harm | 7 | | to the minor under 18. The inquiry in this subsection must | 8 | | be concluded within one business day of the request from | 9 | | the news media. | 10 | | (f) As used in this Section, "less restrictive means" are | 11 | | conditions on the minor's ability to communicate with the news | 12 | | media that mitigate the likelihood that physical, emotional, | 13 | | or mental harm will result, and include, but are not limited | 14 | | to: | 15 | | (1) the news media outlet's willingness to take steps | 16 | | to protect the minor's privacy, such as using a pseudonym | 17 | | or limiting the use of the voice or image of a minor; | 18 | | (2) the presence of the minor's guardian ad litem or | 19 | | attorney or another adult of the minor's choosing, during | 20 | | the communication with the news media; and | 21 | | (3) providing the minor with age-appropriate media | 22 | | literacy materials or other relevant educational material.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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