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| Public Act 096-0419 |
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AN ACT concerning juveniles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 1-7 and 5-905 as follows:
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(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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Sec. 1-7. Confidentiality of law enforcement records.
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(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:
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(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
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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, or, when necessary | ||||
for the discharge of its official duties in connection with | ||||
a particular investigation of the conduct of a law | ||||
enforcement officer, an independent agency or its staff | ||||
created by ordinance and charged by a unit of local | ||||
government with the duty of investigating the conduct of | ||
law enforcement officers. For purposes of
this Section, | ||
"criminal street gang" has the meaning ascribed to it in
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Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
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(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.
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(3) Prosecutors and probation officers:
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(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805; or
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(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
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(c) when criminal proceedings have been permitted
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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.
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(4) Adult and Juvenile Prisoner Review Board.
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(5) Authorized military personnel.
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(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
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in no disclosure of a minor's identity and protects the | ||
confidentiality
of the minor's record.
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(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
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(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
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into custody for any of the following offenses:
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(i) unlawful use of weapons under Section 24-1 of | ||
the Criminal Code of
1961;
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(ii) a violation of the Illinois Controlled | ||
Substances Act;
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(iii) a violation of the Cannabis Control Act;
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(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.
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(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
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paragraph (9) may be used only in sexually violent persons | ||
commitment
proceedings.
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(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
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institution of
criminal proceedings.
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(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
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custody or arrested before his or her 17th birthday for an | ||
offense other than
those listed in this paragraph (2).
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(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
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, or independent | ||
agency, 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.
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(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
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subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
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(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of 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.
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(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
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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.
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(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.
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(Source: P.A. 94-556, eff. 9-11-05; 95-123, eff. 8-13-07.)
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(705 ILCS 405/5-905)
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Sec. 5-905. Law enforcement records.
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(1) Law Enforcement Records.
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 and when
necessary for the discharge of their | ||
official duties:
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(a) A judge of the circuit court and members of the | ||
staff of the court
designated by the judge;
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(b) Law enforcement officers, probation officers or | ||
prosecutors or their
staff, or, when necessary for the | ||
discharge of its official duties in connection with a | ||
particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers;
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(c) The minor, the minor's parents or legal guardian | ||
and their attorneys,
but only when the juvenile has been | ||
charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
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(e) Authorized military personnel;
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(f) Persons engaged in bona fide research, with the | ||
permission of the
judge of 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;
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(g) Individuals responsible for supervising or | ||
providing temporary or
permanent care and custody of minors | ||
pursuant to orders of the juvenile court
or directives from | ||
officials of the Department of Children and Family
Services | ||
or the Department of Human Services who certify in writing | ||
that the
information will not be disclosed to any other | ||
party except as provided under
law or order of court;
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(h) 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
for any | ||
offense classified as a felony or a Class A or B | ||
misdemeanor.
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(2) 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.
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(3) 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.
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(4) Nothing in 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 | ||
or disclosure is conducted in the
presence of a law enforcement | ||
officer for purposes of identification or
apprehension of any | ||
person in the course of any criminal investigation or
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prosecution.
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(5) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
17 | ||
years of age must be maintained separate from the records of | ||
adults and
may not be open to public inspection or their | ||
contents disclosed to the
public except by order of the court | ||
or when the institution of criminal
proceedings has been | ||
permitted under Section 5-130 or 5-805 or required
under | ||
Section
5-130 or 5-805 or such a person has been convicted of a | ||
crime and is the
subject of
pre-sentence investigation or when | ||
provided by law.
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(6) Except as otherwise provided in this subsection (6), | ||
law enforcement
officers, and personnel of an independent | ||
agency created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of 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.
Any victim or parent or legal guardian of a victim may | ||
petition the court to
disclose the name and address of the | ||
minor and the minor's parents or legal
guardian, or both. Upon | ||
a finding by clear and convincing evidence that the
disclosure | ||
is either necessary for the victim to pursue a civil remedy | ||
against
the minor or the minor's parents or legal guardian, or | ||
both, or to protect the
victim's person or property from the | ||
minor, then the court may order the
disclosure of the | ||
information to the victim or to the parent or legal guardian
of | ||
the victim only for the purpose of the victim pursuing a civil | ||
remedy
against the minor or the minor's parents or legal | ||
guardian, or both, or to
protect the victim's person or | ||
property from the minor.
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(7) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies when acting in their official capacity | ||
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. The information
provided under this | ||
subsection (7) shall remain confidential and shall not
be | ||
publicly disclosed, except as otherwise allowed by law.
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(8) No person shall disclose information under this Section | ||
except when
acting in his or her official capacity and as | ||
provided by law or order of
court.
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(Source: P.A. 94-696, eff. 6-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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