Public Act 095-0123
 		





HB0615 Enrolled
LRB095 06667 RLC 26776 b






    AN ACT concerning courts.

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


 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Sections 1-7 and 1-8 as follows:
 



    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)



    Sec. 1-7. Confidentiality of law enforcement records. 

    (A) Inspection and copying of law enforcement records 
maintained by law
enforcement agencies that relate to a minor 
who has been arrested or taken
into custody before his or her 
17th birthday shall be restricted to the
following:


        (1) Any local, State or federal law enforcement 
    officers of any
jurisdiction or agency when necessary for 
    the discharge of their official
duties during the 
    investigation or prosecution of a crime 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.  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.


        (2) Prosecutors, 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 pursuant 
    to
the order of the juvenile court, when essential to 
    performing their
responsibilities.


        (3) Prosecutors and probation officers:


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


            (b) when institution of criminal proceedings has 
        been permitted or required under Section 5-805 and such 
        minor is the
subject
of a proceeding to determine the 
        amount of bail; or


            (c) when criminal proceedings have been permitted

        or
required under Section 5-805 and such minor is the 
        subject of a
pre-trial
investigation, pre-sentence 
        investigation, fitness hearing, or proceedings
on an 
        application for probation.


        (4) Adult and Juvenile Prisoner Review Board.


        (5) Authorized military personnel.


        (6) Persons engaged in bona fide research, with the 
    permission of the
Presiding Judge of the Juvenile Court and 
    the chief executive of the respective
law enforcement 
    agency; provided that publication of such research results

    in no disclosure of a minor's identity and protects the 
    confidentiality
of the minor's record.


        (7) Department of Children and Family Services child 
    protection
investigators acting in their official 
    capacity.


        (8) The appropriate school official.  Inspection and 
    copying
shall be limited to law enforcement records 
    transmitted to the appropriate
school official by a local 
    law enforcement agency under a reciprocal reporting
system 
    established and maintained between the school district and 
    the local law
enforcement agency under Section 10-20.14 of 
    the School Code concerning a minor
enrolled in a school 
    within the school district who has been arrested or taken

    into custody for any of the following offenses:


            (i) unlawful use of weapons under Section 24-1 of 
        the Criminal Code of
1961;


            (ii) a violation of the Illinois Controlled 
        Substances Act;


            (iii) a violation of the Cannabis Control Act;


            (iv) a forcible felony as defined in Section 2-8 of 
        the Criminal Code
of 1961; or
            (v) a violation of the Methamphetamine Control and 
        Community Protection Act.



        (9) Mental health professionals on behalf of the 
    Illinois 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 law enforcement records or the respondent to a 
    petition
brought under the Sexually Violent Persons 
    Commitment Act who is the subject of
the
juvenile law 
    enforcement records sought.
Any records and any 
    information obtained from those records under this

    paragraph (9) may be used only in sexually violent persons 
    commitment
proceedings.


    (B) (1) Except as provided in paragraph (2), no law 
    enforcement
officer or other person or agency may knowingly 
    transmit to the Department of
Corrections, Adult Division 
    or the Department of State Police or to the Federal
Bureau 
    of Investigation any fingerprint or photograph relating to 
    a minor who
has been arrested or taken into custody before 
    his or her 17th birthday,
unless the court in proceedings 
    under this Act authorizes the transmission or
enters an 
    order under Section 5-805 permitting or requiring the

    institution of
criminal proceedings.


        (2) Law enforcement officers or other persons or 
    agencies shall  transmit
to the Department of State Police 
    copies of fingerprints and descriptions
of all minors who 
    have been arrested or taken into custody before their
17th 
    birthday for the offense of unlawful use of weapons under 
    Article 24 of
the Criminal Code of 1961, a Class X or Class 
    1 felony, a forcible felony as
defined in Section 2-8 of 
    the Criminal Code of 1961, or a Class 2 or greater
felony 
    under the Cannabis Control Act, the Illinois Controlled 
    Substances Act, the Methamphetamine Control and Community 
    Protection Act,
or Chapter 4 of the Illinois Vehicle Code, 
    pursuant to Section 5 of the
Criminal Identification Act.  
    Information reported to the Department pursuant
to this 
    Section may be maintained with records that the Department 
    files
pursuant to Section 2.1 of the Criminal 
    Identification Act.  Nothing in this
Act prohibits a law 
    enforcement agency from fingerprinting a minor taken into

    custody or arrested before his or her 17th birthday for an 
    offense other than
those listed in this paragraph (2).

    (C) The records of law enforcement officers concerning all 
minors under
17 years of age must be maintained separate from 
the records of arrests and
may not be open to public inspection 
or their contents disclosed to the
public except by order of 
the court presiding over matters pursuant to this Act or when 
the institution of criminal
proceedings has been permitted or 
required under Section
5-805 or such a person has been 
convicted of a crime and is the
subject of
pre-sentence 
investigation or proceedings on an application for probation
or 
when provided by law. For purposes of obtaining documents 
pursuant to this Section, a civil subpoena is not an order of 
the court.
        (1) In cases where the law enforcement records concern 
    a pending juvenile court case, the party seeking to inspect 
    the records shall provide actual notice to the attorney or 
    guardian ad litem of the minor whose records are sought.
        (2) In cases where the records concern a juvenile court 
    case that is no longer pending, the party seeking to 
    inspect the 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.
        (3) In determining whether the records should be 
    available for inspection, the court shall consider the 
    minor's interest in confidentiality and rehabilitation 
    over the moving party's interest in obtaining the 
    information.  Any records obtained in violation of this 
    subsection (C) shall not be admissible in any criminal or 
    civil proceeding, or operate to disqualify a minor from 
    subsequently holding public office or securing employment, 
    or operate as a forfeiture of any public benefit, right, 
    privilege, or right to receive any license granted by 
    public authority.


    (D) Nothing contained in subsection (C) of this Section 
shall prohibit
the inspection or disclosure to victims and 
witnesses of photographs
contained in the records of law 
enforcement agencies when the
inspection and disclosure is 
conducted in the presence of a law enforcement
officer for the 
purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation 
or
prosecution of any crime.

    (E) Law enforcement officers may not disclose the identity 
of any minor
in releasing information to the general public as 
to the arrest, investigation
or disposition of any case 
involving a minor.

    (F) Nothing contained in this Section shall prohibit law 
enforcement
agencies from communicating with each other by 
letter, memorandum, teletype or
intelligence alert bulletin or 
other means the identity or other relevant
information 
pertaining to a person under 17 years of age if there are

reasonable grounds to believe that the person poses a real and 
present danger
to the safety of the public or law enforcement 
officers. The information
provided under this subsection (F) 
shall remain confidential and shall not
be publicly disclosed, 
except as otherwise allowed by law.

    (G) Nothing in this Section shall prohibit the right of a 
Civil Service
Commission or appointing authority of 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
from obtaining 
and examining the
records of any law enforcement agency 
relating to any record of the applicant
having been arrested or 
taken into custody before the applicant's 17th
birthday.

(Source: P.A. 94-556, eff. 9-11-05.)

 



    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)



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

    (A) 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 
    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, probation 
    officers, social
workers or other
individuals assigned by 
    the court to conduct a pre-adjudication or
predisposition 
    investigation, and individuals responsible for supervising

    or providing temporary or permanent care and custody for 
    minors pursuant
to the order of the juvenile court when 
    essential to performing their
responsibilities.


        (4) Judges, prosecutors and probation officers:


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


            (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 amount of 
        bail; or


            (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 17 years of age or older, 
        and is the subject
of criminal proceedings, including a 
        hearing to determine the amount of
bail, 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.


        (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 
    Illinois 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 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.

    (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) Except as otherwise provided in this subsection (C), 
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 
presiding over matters pursuant to this Act.  The State's 
Attorney, the minor, his parents, guardian and counsel
shall at 
all times have the right to examine court files and records.
        (0.1) In cases where the records concern a pending 
    juvenile court case, the 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 records concern a juvenile 
    court case that is no longer pending, the 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 the records should be 
    available for inspection, the court shall consider the 
    minor's interest in confidentiality and rehabilitation 
    over the moving 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.  For 
    purposes of obtaining documents pursuant to this Section, a 
    civil subpoena is not an order of the court.
        (0.4) Any records obtained in violation of this 
    subsection (C) 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.



        (1) 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:


            (A) 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


            (B) 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: (i)
an act in 
        furtherance of the commission of a felony as a member 
        of or on
behalf of a criminal street
gang, (ii) an act 
        involving the use of a firearm in the commission of a

        felony, (iii) 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,
(iv) an act that would be 
        a second or subsequent offense under Section 402 of
the 
        Illinois Controlled Substances Act if committed by an 
        adult, (v) an act
that would be an offense under 
        Section 401 of the Illinois Controlled
Substances Act 
        if committed by an adult, (vi) an act that would be a 
        second or subsequent offense under Section 60 of the 
        Methamphetamine Control and Community Protection Act, 
        or (vii) an act that would be an offense under another 
        Section of the Methamphetamine Control and Community 
        Protection Act.


        (2) 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 5-4, under either of 
    the following
circumstances:


            (A) The minor has been convicted of first degree 
        murder, attempt
to commit first degree
murder, 
        aggravated criminal sexual
assault, or criminal sexual 
        assault,


            (B) 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: (i)
an offense in
furtherance of the 
        commission of a felony as a member of or on behalf of a

        criminal street gang, (ii) an offense
involving the use 
        of a firearm in the commission of a felony, (iii)
a 
        Class X felony offense under or a second or subsequent 
        Class 2 or
greater felony offense under the Cannabis 
        Control Act, (iv) a
second or subsequent offense under 
        Section 402 of the Illinois
Controlled Substances Act, 
        (v) an offense under Section 401 of the Illinois

        Controlled Substances Act, (vi) an act that would be a 
        second or subsequent offense under Section 60 of the 
        Methamphetamine Control and Community Protection Act, 
        or (vii) an act that would be an offense under another 
        Section of the Methamphetamine Control and Community 
        Protection Act.

    (D) Pending or following any adjudication of delinquency 
for
any offense defined
in Sections 12-13 through 12-16 of the 
Criminal Code of 1961,
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 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, 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 such juvenile records shall be 
limited
to the principal or chief administrative officer of the 
school and any guidance
counselor designated by him.

    (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 Court

record, including all documents, petitions, and orders filed 
therein and the
minute orders, transcript of proceedings, and 
docket entries of the Court.

    (I) 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 17th 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.

(Source: P.A. 94-556, eff. 9-11-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.