SB1463ham001 103RD GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 4/24/2023

10300SB1463ham001 LRB103 25983 RLC 60645 a

AMENDMENT TO SENATE BILL 1463

AMENDMENT NO. ______. Amend Senate Bill 1463 on page 2, lines 11 through 13, by replacing "The court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 25, lines 7 through 9, by replacing "the court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 27, lines 5 through 7, by replacing "the court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 28, lines 7 through 9, by replacing "the court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 29, lines 13 and 14, by replacing "the court shall not order a fee or other cost under this subsection (c-3) against" with "assessments, such as fees or administrative costs, under this subsection (c-3) shall not be ordered or imposed on"; and

on page 30, lines 18 and 19, by replacing "the court shall not order a fee or other cost under this subsection (c-5) against" with "assessments, such as fees or administrative costs, under this subsection (c-5) shall not be ordered or imposed on"; and

on page 32, lines 12 and 13, by replacing "the costs, fees, or any other assessments referenced in this Section shall not apply to" with "fines and assessments, such as fees or administrative costs, authorized in this Section shall not be ordered or imposed on"; and

on page 42, lines 19 and 20, by replacing "the fees, fines, or other assessments under this Section shall not apply to" with "fines and assessments, such as fees or administrative costs authorized in this Section, shall not be ordered or imposed on"; and

by replacing line 3 on page 43 through line 22 on page 45 with the following:

"Section 20. The Juvenile Court Act of 1987 is amended by changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, 4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, 6-7, and 6-9 and by adding Section 1-19 as follows:

(705 ILCS 405/1-8)

Sec. 1-8. Confidentiality and accessibility of juvenile court records.

(A) A juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal. Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. All juvenile court records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Sealed juvenile court records may be obtained only under this Section and Section 1-7 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court. Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following:

(1) The minor who is the subject of record, his or her parents, guardian, and counsel.

(2) Law enforcement officers and law enforcement agencies when such information is essential to executing an arrest or search warrant or other compulsory process, or to conducting an ongoing investigation or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang.

Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.

Beginning July 1, 1994, for purposes of this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(3) Judges, hearing officers, prosecutors, public defenders, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors under the order of the juvenile court when essential to performing their responsibilities.

(4) Judges, federal, State, and local prosecutors, public defenders, probation officers, and designated staff:

(a) in the course of a trial when institution of criminal proceedings has been permitted or required under Section 5-805;

(b) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a proceeding to determine the conditions of pretrial release;

(c) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation; or

(d) when a minor becomes 18 years of age or older, and is the subject of criminal proceedings, including a hearing to determine the conditions of pretrial release, a pre-trial investigation, a pre-sentence investigation, a fitness hearing, or proceedings on an application for probation.

(5) Adult and Juvenile Prisoner Review Boards.

(6) Authorized military personnel.

(6.5) Employees of the federal government authorized by law.

(7) Victims, their subrogees and legal representatives; however, such persons shall have access only to the name and address of the minor and information pertaining to the disposition or alternative adjustment plan of the juvenile court.

(8) Persons engaged in bona fide research, with the permission of the presiding judge of the juvenile court and the chief executive of the agency that prepared the particular records; provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record.

(9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as required in Section 6-204 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers.

(10) The administrator of a bonafide substance abuse student assistance program with the permission of the presiding judge of the juvenile court.

(11) Mental health professionals on behalf of the Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile court records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act, who is the subject of juvenile court records sought. Any records and any information obtained from those records under this paragraph (11) may be used only in sexually violent persons commitment proceedings.

(12) (Blank). Collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity.

(A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code.

(B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding disclosure of identity as the minor who is the subject of record.

(C)(0.1) In cases where the records concern a pending juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.

(0.2) In cases where the juvenile court records concern a juvenile court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act.

(0.3) In determining whether juvenile court records should be made available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting party's interest in obtaining the information. The State's Attorney, the minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records.

(0.4) Any records obtained in violation of this Section shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority.

(D) Pending or following any adjudication of delinquency for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Bill of Rights for Victims and Witnesses of Violent Crime Act; and the juvenile who is the subject of the adjudication, notwithstanding any other provision of this Act, shall be treated as an adult for the purpose of affording such rights to the victim.

(E) Nothing in this Section shall affect the right of a Civil Service Commission or appointing authority of the federal government, or any state, county, or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department to ascertain whether that applicant was ever adjudicated to be a delinquent minor and, if so, to examine the records of disposition or evidence which were made in proceedings under this Act.

(F) Following any adjudication of delinquency for a crime which would be a felony if committed by an adult, or following any adjudication of delinquency for a violation of Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain whether the minor respondent is enrolled in school and, if so, shall provide a copy of the dispositional order to the principal or chief administrative officer of the school. Access to the dispositional order shall be limited to the principal or chief administrative officer of the school and any school counselor designated by him or her.

(G) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders.

(H) When a court hearing a proceeding under Article II of this Act becomes aware that an earlier proceeding under Article II had been heard in a different county, that court shall request, and the court in which the earlier proceedings were initiated shall transmit, an authenticated copy of the juvenile court record, including all documents, petitions, and orders filed and the minute orders, transcript of proceedings, and docket entries of the court.

(I) The Clerk of the Circuit Court shall report to the Illinois State Police, in the form and manner required by the Illinois State Police, the final disposition of each minor who has been arrested or taken into custody before his or her 18th birthday for those offenses required to be reported under Section 5 of the Criminal Identification Act. Information reported to the Department under this Section may be maintained with records that the Department files under Section 2.1 of the Criminal Identification Act.

(J) The changes made to this Section by Public Act 98-61 apply to juvenile law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).

(K) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (K) shall not apply to the person who is the subject of the record.

(L) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater.

(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

(705 ILCS 405/1-19 new)

Sec. 1-19. Fines, assessments, civil judgments, and outstanding balances owed by minors or their parents, guardians, or legal custodians; report.

(a) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, fines and assessments, such as fees or administrative costs, shall not be ordered or imposed on the following individuals as of the effective date of this amendatory Act of the 103rd General Assembly:

(1) a minor subject to Article III, IV, or V of this Act, or the minor's parent, guardian, or legal custodian; or

(2) a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of this Act, or the minor's parent, guardian, or legal custodian.

(b) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, all unsatisfied civil judgments, outstanding balances for fines, and outstanding balances for assessments, such as fees or administrative costs, including interest, penalties, or collection fees entered prior to the effective date of this amendatory Act of the 103rd General Assembly in cases pursuant to subsection (a) of this Section, are null, void, satisfied, and not collectible.

(c) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, within one year of the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk of each county shall discharge and waive 100% of all outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, entered against a minor or the minor's parent, guardian, or legal custodian in the following:

(1) cases involving a minor subject to Article III, IV, or V of this Act; and

(2) cases involving a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of this Act.

(d) Within 30 calendar days after the effective date of this amendatory Act of the 103rd General Assembly, the State's Attorney or circuit court clerk in each county shall provide written notice to collection agencies contracted or assigned to collect outstanding balances in cases pursuant to this Section that outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, are null, void, satisfied, and not collectible as of the effective date of this amendatory Act of the 103rd General Assembly.

(e) If a payment is made by a minor or his or her parent, guardian, or legal custodian on or after the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk shall reimburse payments made towards unsatisfied civil judgments, unpaid fines, or unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, made null, void, satisfied, and uncollectible by this amendatory Act of the 103rd General Assembly.

(f) Within one year of the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk of each county shall report to the Illinois Juvenile Justice Commission the following data, in a form and manner to be determined by the Commission, specific to all outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments, such as fees or administrative costs, made null, void, satisfied, and not collectible by this amendatory Act of the 103rd General Assembly:

(1) As of the effective date of this amendatory Act of the 103rd General Assembly, the total number of cases or individuals pursuant to this amendatory Act of the 103rd General Assembly which:

(A) have outstanding balances; and

(B) have outstanding balances converted into civil judgments;

(2) The number of cases or individuals with outstanding balances discharged and waived pursuant to this amendatory Act of the 103rd General Assembly; and

(3) The total amount of outstanding balances discharged and waived pursuant to this amendatory Act of the 103rd General Assembly for the following:

(A) unsatisfied civil judgments;

(B) unpaid fines; and

(C) unpaid assessments, such as fees or administrative costs."; and

by replacing lines 1 through 3 on page 48 with the following:

"(8) Fines or assessments, such as fees or administrative costs, in the service of process shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian."; and

on page 58, line 5, by replacing "The Court shall not order fees or fines" with "Fines or assessments, such as fees or administrative costs, shall not be ordered or imposed"; and

by replacing lines 12 through 14 on page 60 with the following:

"(8) Fines or assessments, such as fees or administrative costs, in the service of process shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian."; and

by replacing lines 24 through 26 on page 72 with the following:

"(5) Fines or assessments, such as fees or administrative costs in the service of process, shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian."; and

by replacing lines 7 through 12 on page 82 with the following:

"(12) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of continuance under supervision. If the"; and

by replacing lines 8 through 13 on page 94 with the following:

"(13) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, relating to any sentencing order shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian. The inability of a minor, or"; and

by replacing lines 7 through 13 on page 102 with the following:

"(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or"; and

by replacing line 25 on page 114 through line 2 on page 115 with the following:

"Costs associated with detention, legal representation, or other services or programs under Article III, IV, or V of this Act shall not be ordered or imposed on a parent, guardian, or legal custodian liable under the law for the support of a minor."; and

on page 119, lines 10 and 11, by replacing "The court shall not order any fees, fines, or administrative costs under this Section" with "Fines and assessments, such as fees or administrative costs, under this Section shall not be ordered or imposed"; and

on page 123, lines 22 and 23, by replacing "The court shall not order any fees, fines, or administrative costs" with "Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed"; and

on page 128, lines 14 and 15, by replacing "The court shall not order fees, fines, or administrative costs" with "Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed"; and

on page 131, lines 12 and 13, by replacing "The court shall not order fines or any other applicable assessments authorized under this Section" with "Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed"; and

on page 135, lines 10 and 11, by replacing "The court shall not order fees, fines, costs or any other assessments authorized under this Section" with "Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed"; and

on page 135, line 21, by replacing "and 5-9-1.9" with "5-9-1.9, and 5-9-3"; and

on page 138, lines 4 and 5, by replacing "The court shall not order any fees, fines, or administrative costs" with "Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed"; and

on page 162, lines 6 through 8, by replacing "the court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 178, lines 21 through 23, by replacing "the court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "and assessments issued for adjudications under Section 5-125 of the Juvenile Court Act of 1987, fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 181, lines 23 and 24, by replacing "The court shall not order any fees, fines, costs, or other applicable assessments authorized under this Section against" with "Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

on page 182, lines 20 through 21, by replacing "The court shall not order any costs authorized under this Section against" with "Fines and assessments, such as fees or administrative costs, authorized under this Section shall not be ordered or imposed on"; and

by replacing lines 2 through 4 on page 184 with the following:

"(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or"; and

by replacing line 26 on page 187 through line 2 on page 188 with the following:

"(c-1) A criminal laboratory DUI analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV,"; and

on page 190, below line 20, by inserting the following:

"(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)

Sec. 5-9-3. Default.

(a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment. The court may issue a summons for his appearance or a warrant of arrest.

(b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense. Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the payment of the fine.

(c) If it appears that the default in the payment of a fine is not intentional under paragraph (b) of this Section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.

(d) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association. The failure of such persons to do so shall render them subject to proceedings under paragraphs (a) and (b) of this Section.

(e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments. The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof. An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court. The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount. The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney. Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county. A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.

(f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987.

(Source: P.A. 98-373, eff. 1-1-14.)".