State of Illinois
91st General Assembly

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HB0090 Enrolled                                LRB9100598RCks

 1        AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
 2    changing Section 5-905.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    changing Section 5-905 as follows:

 7        (705 ILCS 405/5-905)
 8        Sec. 5-905.  Law enforcement records.
 9        (1)  Law  Enforcement  Records. Inspection and copying of
10    law  enforcement  records  maintained  by   law   enforcement
11    agencies  that  relate  to  a  minor who has been arrested or
12    taken into custody before his or her 17th birthday  shall  be
13    restricted  to  the  following  and  when  necessary  for the
14    discharge of their official duties:
15             (a)  A judge of the circuit court and members of the
16        staff of the court designated by the judge;
17             (b)  Law enforcement officers, probation officers or
18        prosecutors or their staff;
19             (c)  The  minor,  the  minor's  parents   or   legal
20        guardian  and their attorneys, but only when the juvenile
21        has been charged with an offense;
22             (d)  Adult and Juvenile Prisoner Review Boards;
23             (e)  Authorized military personnel;
24             (f)  Persons engaged in bona fide research, with the
25        permission of the judge of juvenile court and  the  chief
26        executive  of  the  agency  that  prepared the particular
27        recording:  provided that publication  of  such  research
28        results  in  no  disclosure  of  a  minor's  identity and
29        protects the confidentiality of the record;
30             (g)  Individuals  responsible  for  supervising   or
31        providing  temporary  or  permanent  care  and custody of
HB0090 Enrolled             -2-                LRB9100598RCks
 1        minors pursuant  to  orders  of  the  juvenile  court  or
 2        directives  from  officials of the Department of Children
 3        and Family Services or the Department of  Human  Services
 4        who  certify  in writing that the information will not be
 5        disclosed to any other party except as provided under law
 6        or order of court;
 7             (h)  The appropriate  school  official.   Inspection
 8        and  copying  shall be limited to law enforcement records
 9        transmitted to the appropriate school official by a local
10        law  enforcement  agency  under  a  reciprocal  reporting
11        system established  and  maintained  between  the  school
12        district  and  the  local  law  enforcement  agency under
13        Section 10-20.14 of the School Code  concerning  a  minor
14        enrolled  in  a school within the school district who has
15        been arrested for any offense classified as a felony or a
16        Class A or B misdemeanor.
17        (2)  Information identifying victims and alleged  victims
18    of  sex  offenses,  shall  not be disclosed or open to public
19    inspection under any circumstances. Nothing in  this  Section
20    shall  prohibit  the  victim  or  alleged  victim  of any sex
21    offense from voluntarily disclosing his or her identity.
22        (3)  Relevant information, reports and records  shall  be
23    made  available  to  the  Department  of  Corrections  when a
24    juvenile offender has been  placed  in  the  custody  of  the
25    Department of Corrections, Juvenile Division.
26        (4)  Nothing   in   this   Section   shall  prohibit  the
27    inspection  or  disclosure  to  victims  and   witnesses   of
28    photographs  contained  in  the  records  of  law enforcement
29    agencies when the inspection or disclosure  is  conducted  in
30    the  presence  of  a  law enforcement officer for purposes of
31    identification or apprehension of any person in the course of
32    any criminal investigation or prosecution.
33        (5)  The records of law enforcement  officers  concerning
34    all  minors under 17 years of age must be maintained separate
HB0090 Enrolled             -3-                LRB9100598RCks
 1    from the records of adults and may  not  be  open  to  public
 2    inspection  or  their contents disclosed to the public except
 3    by order of the court or when  the  institution  of  criminal
 4    proceedings  has  been permitted under Section 5-130 or 5-805
 5    or required under Section 5-130 or 5-805 or such a person has
 6    been convicted of a crime and is the subject of  pre-sentence
 7    investigation or when provided by law.
 8        (6)  Except as otherwise provided in this subsection (6),
 9      law  enforcement  officers may not disclose the identity of
10    any minor in releasing information to the general  public  as
11    to  the  arrest,  investigation  or  disposition  of any case
12    involving a minor. Any victim or parent or legal guardian  of
13    a  victim  may  petition  the  court to disclose the name and
14    address of  the  minor  and  the  minor's  parents  or  legal
15    guardian,  or  both.   Upon a finding by clear and convincing
16    evidence that the disclosure  is  either  necessary  for  the
17    victim  to  pursue  a  civil  remedy against the minor or the
18    minor's parents or legal guardian, or both, or to protect the
19    victim's person or property from the minor,  then  the  court
20    may  order the disclosure of the information to the victim or
21    to the parent or legal guardian of the victim  only  for  the
22    purpose  of  the  victim  pursuing a civil remedy against the
23    minor or the minor's parents or legal guardian, or  both,  or
24    to  protect  the  victim's person or property from the minor.
25    Upon written request, law enforcement  officers  may  release
26    the  name  and address of a minor who has been arrested for a
27    criminal offense to the victim, or if the victim is a  minor,
28    to the victim's legal custodian, guardian or parent.  The law
29    enforcement officer may release the information only if he or
30    she  reasonably  believes such release would not endanger the
31    person or property of  the  arrested  minor  or  his  or  her
32    family.
33        (7)  Nothing contained in this Section shall prohibit law
34    enforcement  agencies  when acting in their official capacity
HB0090 Enrolled             -4-                LRB9100598RCks
 1    from communicating with each  other  by  letter,  memorandum,
 2    teletype  or  intelligence  alert bulletin or other means the
 3    identity or other relevant information pertaining to a person
 4    under 17 years of age.  The information provided  under  this
 5    subsection  (7)  shall  remain  confidential and shall not be
 6    publicly disclosed, except as otherwise allowed by law.
 7        (8)  No person  shall  disclose  information  under  this
 8    Section  except  when  acting in his or her official capacity
 9    and as provided by law or order of court.
10    (Source: P.A. 90-590, eff. 1-1-99.)

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