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

SB1552ham001 102ND GENERAL ASSEMBLY

Rep. Dave Vella

Filed: 5/12/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1552

2    AMENDMENT NO. ______. Amend Senate Bill 1552 by replacing
3everything after the enacting clause with the following:
 
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.
 

 

 

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1    Section 5. The Juvenile Court Act of 1987 is amended by
2changing Section 5-901 as follows:
 
3    (705 ILCS 405/5-901)
4    Sec. 5-901. Court file.
5    (1) The Court file with respect to proceedings under this
6Article shall consist of the petitions, pleadings, victim
7impact statements, process, service of process, orders, writs
8and docket entries reflecting hearings held and judgments and
9decrees entered by the court. The court file shall be kept
10separate from other records of the court.
11        (a) The file, including information identifying the
12    victim or alleged victim of any sex offense, shall be
13    disclosed only to the following parties when necessary for
14    discharge of their official duties:
15            (i) A judge of the circuit court and members of the
16        staff of the court designated by the judge;
17            (ii) Parties to the proceedings and their
18        attorneys;
19            (iii) Victims and their attorneys, except in cases
20        of multiple victims of sex offenses in which case the
21        information identifying the nonrequesting victims
22        shall be redacted;
23            (iv) Probation officers, law enforcement officers
24        or prosecutors or their staff;
25            (v) Adult and juvenile Prisoner Review Boards.

 

 

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1        (b) The Court file redacted to remove any information
2    identifying the victim or alleged victim of any sex
3    offense shall be disclosed only to the following parties
4    when necessary for discharge of their official duties:
5            (i) Authorized military personnel;
6            (ii) Persons engaged in bona fide research, with
7        the permission of the judge of the juvenile court and
8        the chief executive of the agency that prepared the
9        particular recording: provided that publication of
10        such research results in no disclosure of a minor's
11        identity and protects the confidentiality of the
12        record;
13            (iii) The Secretary of State to whom the Clerk of
14        the Court shall report the disposition of all cases,
15        as required in Section 6-204 or Section 6-205.1 of the
16        Illinois Vehicle Code. However, information reported
17        relative to these offenses shall be privileged and
18        available only to the Secretary of State, courts, and
19        police officers;
20            (iv) The administrator of a bonafide substance
21        abuse student assistance program with the permission
22        of the presiding judge of the juvenile court;
23            (v) Any individual, or any public or private
24        agency or institution, having custody of the juvenile
25        under court order or providing educational, medical or
26        mental health services to the juvenile or a

 

 

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1        court-approved advocate for the juvenile or any
2        placement provider or potential placement provider as
3        determined by the court.
4    (3) A minor who is the victim or alleged victim in a
5juvenile proceeding shall be provided the same confidentiality
6regarding disclosure of identity as the minor who is the
7subject of record. Information identifying victims and alleged
8victims of sex offenses, shall not be disclosed or open to
9public inspection under any circumstances. Nothing in this
10Section shall prohibit the victim or alleged victim of any sex
11offense from voluntarily disclosing his or her identity.
12    (4) Relevant information, reports and records shall be
13made available to the Department of Juvenile Justice when a
14juvenile offender has been placed in the custody of the
15Department of Juvenile Justice.
16    (4.5) Relevant information, reports and records, held by
17the Department of Juvenile Justice, including social
18investigation, psychological and medical records, of any
19juvenile offender, shall be made available to any county
20juvenile detention facility upon written request by the
21Superintendent or Director of that juvenile detention
22facility, to the Chief Records Officer of the Department of
23Juvenile Justice where the subject youth is or was in the
24custody of the Department of Juvenile Justice and is
25subsequently ordered to be held in a county juvenile detention
26facility.

 

 

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1    (5) Except as otherwise provided in this subsection (5),
2juvenile court records shall not be made available to the
3general public but may be inspected by representatives of
4agencies, associations and news media or other properly
5interested persons by general or special order of the court.
6The State's Attorney, the minor, his or her parents, guardian
7and counsel shall at all times have the right to examine court
8files and records.
9        (a) The court shall allow the general public to have
10    access to the name, address, and offense of a minor who is
11    adjudicated a delinquent minor under this Act under either
12    of the following circumstances:
13            (i) The adjudication of delinquency was based upon
14        the minor's commission of first degree murder, attempt
15        to commit first degree murder, aggravated criminal
16        sexual assault, or criminal sexual assault; or
17            (ii) The court has made a finding that the minor
18        was at least 13 years of age at the time the act was
19        committed and the adjudication of delinquency was
20        based upon the minor's commission of: (A) an act in
21        furtherance of the commission of a felony as a member
22        of or on behalf of a criminal street gang, (B) an act
23        involving the use of a firearm in the commission of a
24        felony, (C) an act that would be a Class X felony
25        offense under or the minor's second or subsequent
26        Class 2 or greater felony offense under the Cannabis

 

 

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

 

 

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1        felony, (C) a Class X felony offense under the
2        Cannabis Control Act or a second or subsequent Class 2
3        or greater felony offense under the Cannabis Control
4        Act, (D) a second or subsequent offense under Section
5        402 of the Illinois Controlled Substances Act, (E) an
6        offense under Section 401 of the Illinois Controlled
7        Substances Act, or (F) an offense under the
8        Methamphetamine Control and Community Protection Act.
9    (6) Nothing in this Section shall be construed to limit
10the use of a adjudication of delinquency as evidence in any
11juvenile or criminal proceeding, where it would otherwise be
12admissible under the rules of evidence, including but not
13limited to, use as impeachment evidence against any witness,
14including the minor if he or she testifies.
15    (7) Nothing in this Section shall affect the right of a
16Civil Service Commission or appointing authority examining the
17character and fitness of an applicant for a position as a law
18enforcement officer to ascertain whether that applicant was
19ever adjudicated to be a delinquent minor and, if so, to
20examine the records or evidence which were made in proceedings
21under this Act.
22    (8) Following any adjudication of delinquency for a crime
23which would be a felony if committed by an adult, or following
24any adjudication of delinquency for a violation of Section
2524-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
26Criminal Code of 2012, the State's Attorney shall ascertain

 

 

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1whether the minor respondent is enrolled in school and, if so,
2shall provide a copy of the sentencing order to the principal
3or chief administrative officer of the school. Access to such
4juvenile records shall be limited to the principal or chief
5administrative officer of the school and any guidance
6counselor designated by him or her.
7    (9) Nothing contained in this Act prevents the sharing or
8disclosure of information or records relating or pertaining to
9juveniles subject to the provisions of the Serious Habitual
10Offender Comprehensive Action Program when that information is
11used to assist in the early identification and treatment of
12habitual juvenile offenders.
13    (11) The Clerk of the Circuit Court shall report to the
14Department of State Police, in the form and manner required by
15the Department of State Police, the final disposition of each
16minor who has been arrested or taken into custody before his or
17her 18th birthday for those offenses required to be reported
18under Section 5 of the Criminal Identification Act.
19Information reported to the Department under this Section may
20be maintained with records that the Department files under
21Section 2.1 of the Criminal Identification Act.
22    (12) Information or records may be disclosed to the
23general public when the court is conducting hearings under
24Section 5-805 or 5-810.
25    (13) The changes made to this Section by Public Act 98-61
26apply to juvenile court records of a minor who has been

 

 

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1arrested or taken into custody on or after January 1, 2014 (the
2effective date of Public Act 98-61).
3(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
498-756, eff. 7-16-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".