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Public Act 102-0320


 

Public Act 0320 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0320
 
SB1552 EnrolledLRB102 12149 KMF 17486 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Findings. The General Assembly finds that an
adequate continuum of care is necessary to better address the
needs of juveniles within the court system.
    The General Assembly finds that the unique partnership of
State and local services is needed to provide the right
placements, and the right services for justice-involved
juveniles.
    The General Assembly finds that providing information to
local probation departments in a timely manner will improve
both services and outcomes for juveniles.
    Therefore, the General Assembly recommends that
information to assist juveniles needs to be available while at
the same time maintaining its confidentiality.
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-901 as follows:
 
    (705 ILCS 405/5-901)
    Sec. 5-901. Court file.
    (1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
        (a) The file, including information identifying the
    victim or alleged victim of any sex offense, shall be
    disclosed only to the following parties when necessary for
    discharge of their official duties:
            (i) A judge of the circuit court and members of the
        staff of the court designated by the judge;
            (ii) Parties to the proceedings and their
        attorneys;
            (iii) Victims and their attorneys, except in cases
        of multiple victims of sex offenses in which case the
        information identifying the nonrequesting victims
        shall be redacted;
            (iv) Probation officers, law enforcement officers
        or prosecutors or their staff;
            (v) Adult and juvenile Prisoner Review Boards.
        (b) The Court file redacted to remove any information
    identifying the victim or alleged victim of any sex
    offense shall be disclosed only to the following parties
    when necessary for discharge of their official duties:
            (i) Authorized military personnel;
            (ii) Persons engaged in bona fide research, with
        the permission of the judge of the juvenile court and
        the chief executive of the agency that prepared the
        particular recording: provided that publication of
        such research results in no disclosure of a minor's
        identity and protects the confidentiality of the
        record;
            (iii) The Secretary of State to whom the Clerk of
        the Court shall report the disposition of all cases,
        as required in Section 6-204 or Section 6-205.1 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;
            (iv) The administrator of a bonafide substance
        abuse student assistance program with the permission
        of the presiding judge of the juvenile court;
            (v) Any individual, or any public or private
        agency or institution, having custody of the juvenile
        under court order or providing educational, medical or
        mental health services to the juvenile or a
        court-approved advocate for the juvenile or any
        placement provider or potential placement provider as
        determined by the court.
    (3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the
subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
    (4) Relevant information, reports and records shall be
made available to the Department of Juvenile Justice when a
juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
    (4.5) Relevant information, reports and records, held by
the Department of Juvenile Justice, including social
investigation, psychological and medical records, of any
juvenile offender, shall be made available to any county
juvenile detention facility upon written request by the
Superintendent or Director of that juvenile detention
facility, to the Chief Records Officer of the Department of
Juvenile Justice where the subject youth is or was in the
custody of the Department of Juvenile Justice and is
subsequently ordered to be held in a county juvenile detention
facility.
    (5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
        (a) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    adjudicated a delinquent minor under this Act under either
    of the following circumstances:
            (i) The adjudication of delinquency was based upon
        the minor's commission of first degree murder, attempt
        to commit first degree murder, aggravated criminal
        sexual assault, or criminal sexual assault; or
            (ii) The court has made a finding that the minor
        was at least 13 years of age at the time the act was
        committed and the adjudication of delinquency was
        based upon the minor's commission of: (A) an act in
        furtherance of the commission of a felony as a member
        of or on behalf of a criminal street gang, (B) an act
        involving the use of a firearm in the commission of a
        felony, (C) an act that would be a Class X felony
        offense under or the minor's second or subsequent
        Class 2 or greater felony offense under the Cannabis
        Control Act if committed by an adult, (D) an act that
        would be a second or subsequent offense under Section
        402 of the Illinois Controlled Substances Act if
        committed by an adult, (E) an act that would be an
        offense under Section 401 of the Illinois Controlled
        Substances Act if committed by an adult, or (F) an act
        that would be an offense under the Methamphetamine
        Control and Community Protection Act if committed by
        an adult.
        (b) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    at least 13 years of age at the time the offense is
    committed and who is convicted, in criminal proceedings
    permitted or required under Section 5-805, under either of
    the following circumstances:
            (i) The minor has been convicted of first degree
        murder, attempt to commit first degree murder,
        aggravated criminal sexual assault, or criminal sexual
        assault,
            (ii) The court has made a finding that the minor
        was at least 13 years of age at the time the offense
        was committed and the conviction was based upon the
        minor's commission of: (A) an offense in furtherance
        of the commission of a felony as a member of or on
        behalf of a criminal street gang, (B) an offense
        involving the use of a firearm in the commission of a
        felony, (C) a Class X felony offense under the
        Cannabis Control Act or a second or subsequent Class 2
        or greater felony offense under the Cannabis Control
        Act, (D) a second or subsequent offense under Section
        402 of the Illinois Controlled Substances Act, (E) an
        offense under Section 401 of the Illinois Controlled
        Substances Act, or (F) an offense under the
        Methamphetamine Control and Community Protection Act.
    (6) Nothing in this Section shall be construed to limit
the use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
    (7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was
ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
    (8) 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 sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him or her.
    (9) 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.
    (11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of 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.
    (12) Information or records may be disclosed to the
general public when the court is conducting hearings under
Section 5-805 or 5-810.
    (13) The changes made to this Section by Public Act 98-61
apply to juvenile court 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).
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
98-756, eff. 7-16-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2021