Bill Text: IL HB2404 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Juvenile Court Act of 1987. Changes the definition of delinquent minor to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. Also changes the age concerning confidentiality of juvenile records. Provides that the restrictions apply to persons taken into custody before their 18th (rather than 17th) birthday. Makes corresponding change in the expungement provisions of the Act. Provides that the amendatory changes are prospective.

Spectrum: Strong Partisan Bill (Democrat 34-2)

Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0061 [HB2404 Detail]

Download: Illinois-2013-HB2404-Enrolled.html

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HB2404 Enrolled LRB098 07733 RLC 37811 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, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120,
5-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 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
18th 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, 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

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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
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.

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(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 only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law
enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest 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:

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(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(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 the Criminal Code of 2012;
(v) a violation of the Methamphetamine Control and
Community Protection Act;
(vi) a violation of Section 1-2 of the Harassing
and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2, 12-3,
12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
1961 or the Criminal Code of 2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official
or officials whom the school has determined to have a
legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem

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it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the

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subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity.
(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.
(10) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District

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Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(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 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 18th
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 18th
17th birthday for the offense of unlawful use of weapons
under Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012, a Class X or Class 1 felony, a
forcible felony as defined in Section 2-8 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a Class 2 or
greater felony under the Cannabis Control Act, the Illinois
Controlled Substances Act, the Methamphetamine Control and

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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 18th 17th
birthday for an offense other than those listed in this
paragraph (2).
(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 18 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

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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.
(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

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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, 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.
(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 18 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

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relating to any record of the applicant having been arrested or
taken into custody before the applicant's 18th 17th birthday.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to law enforcement records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12;
97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; 97-1150, eff.
1-25-13.)
(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.

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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

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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 18 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.

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(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 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.
(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

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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) 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.
(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

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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

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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

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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 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

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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 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 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.

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(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 18th 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.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to law enforcement records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;
97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
Sec. 1-9. Expungement of law enforcement and juvenile court

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records.
(1) Expungement of law enforcement and juvenile court
delinquency records shall be governed by Section 5-915.
(2) This subsection (2) applies to expungement of law
enforcement and juvenile court records other than delinquency
proceedings. Whenever any person has attained the age of 18 17
or whenever all juvenile court proceedings relating to that
person have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his 18th 17th birthday or his
juvenile court records, or both, if the minor was placed under
supervision pursuant to Sections 2-20, 3-21, or 4-18, and such
order of supervision has since been successfully terminated.
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding pursuant to subsection (2) of this Section, order
the law enforcement records or juvenile court records, or both,
to be expunged from the official records of the arresting
authority and the clerk of the circuit court. Notice of the
petition shall be served upon the State's Attorney and upon the
arresting authority which is the subject of the petition for
expungement.
(4) The changes made to this Section by this amendatory Act
of the 98th General Assembly apply to law enforcement and

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juvenile court records of a minor who has been arrested or
taken into custody on or after the effective date of this
amendatory Act.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with the health, safety and best interests of the
minor, enter an order that the minor shall be released upon the

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request of parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from his or her home, the court may enter
an Order of Protection setting forth reasonable conditions of
behavior that a parent, guardian, or custodian must observe for
a specified period of time, not to exceed 12 months, without a
violation; provided, however, that the 12-month period shall
begin anew after any violation. Custodian shall include any
agency of the State which has been given custody or wardship of
the child. If it is consistent with the health, safety and best
interests of the minor, the court may also prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or
a licensed child welfare agency; however, a minor charged with
a criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less
than 15 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act or
a minor for whom an independent basis of abuse, neglect, or
dependency exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or dependency do

HB2404 Enrolled - 24 - LRB098 07733 RLC 37811 b
not arise from the same facts, incident, or circumstances which
give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. In
determining the health, safety and best interests of the minor
to prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department
of Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of removal
of the minor from his or her home or the reasons why no efforts
reasonably could be made to prevent or eliminate the necessity
of removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete a
preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If the
minor is ordered placed in a shelter care facility of the

HB2404 Enrolled - 25 - LRB098 07733 RLC 37811 b
Department of Children and Family Services or a licensed child
welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the Department
of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,

HB2404 Enrolled - 26 - LRB098 07733 RLC 37811 b
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling placement
and contact plan the basis for its determination. The sibling
placement and contact plan shall specify a date for development
of the Sibling Contact Support Plan, under subsection (f) of
Section 7.4 of the Children and Family Services Act, and shall
remain in effect until the Sibling Contact Support Plan is
developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is

HB2404 Enrolled - 27 - LRB098 07733 RLC 37811 b
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall put
in writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court shall
enter an order for the Department to implement changes to the
parent-child visiting plan or sibling placement or contact
plan, consistent with the court's findings. At any stage of
proceeding, any party may by motion request the court to enter
any orders necessary to implement the parent-child visiting
plan, sibling placement or contact plan or subsequently

HB2404 Enrolled - 28 - LRB098 07733 RLC 37811 b
developed Sibling Contact Support Plan. Nothing under this
subsection (2) shall restrict the court from granting
discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The
Department shall file with the court and serve on the parties
any amendments to the plan within 10 days, excluding weekends
and holidays, of the change of the visitation.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act, nor
may a referral of services be considered as evidence in any
proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite
the family. In making its findings that it is consistent with
the health, safety and best interests of the minor to prescribe
shelter care, the court shall state in writing (i) the factual
basis supporting its findings concerning the immediate and
urgent necessity for the protection of the minor or of the
person or property of another and (ii) the factual basis

HB2404 Enrolled - 29 - LRB098 07733 RLC 37811 b
supporting its findings that reasonable efforts were made to
prevent or eliminate the removal of the minor from his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is

HB2404 Enrolled - 30 - LRB098 07733 RLC 37811 b
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from an
ex-parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written
notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights, except as required by Supreme Court
Rule 11; and shall explain the right of the parties and the
procedures to vacate or modify a shelter care order as provided
in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING

HB2404 Enrolled - 31 - LRB098 07733 RLC 37811 b
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused, neglected
or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,

HB2404 Enrolled - 32 - LRB098 07733 RLC 37811 b
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining
how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of

HB2404 Enrolled - 33 - LRB098 07733 RLC 37811 b
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the

HB2404 Enrolled - 34 - LRB098 07733 RLC 37811 b
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section any

HB2404 Enrolled - 35 - LRB098 07733 RLC 37811 b
interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and the
child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody and the child can be cared for at home
without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety and best interests of
the minor to modify or vacate a temporary custody order.

HB2404 Enrolled - 36 - LRB098 07733 RLC 37811 b
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be
presumed for any other minor residing in the same household as
the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care for
such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)

HB2404 Enrolled - 37 - LRB098 07733 RLC 37811 b
(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is a person requiring authoritative
intervention, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to
believe that the minor is a person requiring authoritative
intervention, the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. After such testimony, the court may
enter an order that the minor shall be released upon the
request of a parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian shall
include any agency of the State which has been given custody or
wardship of the child. The Court shall require documentation by
representatives of the Department of Children and Family
Services or the probation department as to the reasonable
efforts that were made to prevent or eliminate the necessity of
removal of the minor from his or her home, and shall consider
the testimony of any person as to those reasonable efforts. If

HB2404 Enrolled - 38 - LRB098 07733 RLC 37811 b
the court finds that it is a matter of immediate and urgent
necessity for the protection of the minor or of the person or
property of another that the minor be placed in a shelter care
facility, or that he or she is likely to flee the jurisdiction
of the court, and further finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts
cannot prevent or eliminate the necessity of removal of the
minor from his or her home, the court may prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or
a licensed child welfare agency; otherwise it shall release the
minor from custody. If the court prescribes shelter care, then
in placing the minor, the Department or other agency shall, to
the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. If the minor
is ordered placed in a shelter care facility of the Department
of Children and Family Services or a licensed child welfare
agency, the court shall, upon request of the Department or
other agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate
agency executive temporary custodian of the minor and the court
may enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services to
the minor or his family to ameliorate the causes contributing
to the finding of probable cause or to the finding of the

HB2404 Enrolled - 39 - LRB098 07733 RLC 37811 b
existence of immediate and urgent necessity. Acceptance of
services shall not be considered an admission of any allegation
in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant
to this Act, except where the issue is whether the Department
has made reasonable efforts to reunite the family. In making
its findings that reasonable efforts have been made or that
good cause has been shown why reasonable efforts cannot prevent
or eliminate the necessity of removal of the minor from his or
her home, the court shall state in writing its findings
concerning the nature of the services that were offered or the
efforts that were made to prevent removal of the child and the
apparent reasons that such services or efforts could not
prevent the need for removal. The parents, guardian, custodian,
temporary custodian and minor shall each be furnished a copy of
such written findings. The temporary custodian shall maintain a
copy of the court order and written findings in the case record
for the child.
The order together with the court's findings of fact and
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.

HB2404 Enrolled - 40 - LRB098 07733 RLC 37811 b
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from an
ex-parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear; and shall explain the right
of the parties and the procedures to vacate or modify a shelter
care order as provided in this Section. The notice for a
shelter care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of
Illinois will present evidence (1) that (name of child or
children) ....................... are abused, neglected or

HB2404 Enrolled - 41 - LRB098 07733 RLC 37811 b
dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to
remove the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a trial
can be held. A trial may not be held for up to 90 days.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they cannot
afford one.
2. To ask the court to continue the hearing to allow
them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and urgent
necessity" to remove the child from home (including:
their ability to care for the child, conditions in the
home, alternative means of protecting the child other
than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

HB2404 Enrolled - 42 - LRB098 07733 RLC 37811 b
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate notice
of the Shelter Care Hearing at which temporary custody of
............... was awarded to ................, you have the
right to request a full rehearing on whether the State should
have temporary custody of ................. To request this
rehearing, you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by mailing a
statement (affidavit) setting forth the following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining how
the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your
filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the following
rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to present
testimony concerning:
a. Whether they are abused, neglected or

HB2404 Enrolled - 43 - LRB098 07733 RLC 37811 b
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may
file an affidavit setting forth these facts, and the clerk
shall set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.

HB2404 Enrolled - 44 - LRB098 07733 RLC 37811 b
(7) If the minor is not brought before a judicial officer
within the time period specified in Section 3-11, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section,
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion to modify or vacate a temporary custody order
on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of

HB2404 Enrolled - 45 - LRB098 07733 RLC 37811 b
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
Sec. 4-9. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.

HB2404 Enrolled - 46 - LRB098 07733 RLC 37811 b
(1) If the court finds that there is not probable cause to
believe that the minor is addicted, it shall release the minor
and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is addicted, the minor, his or her
parent, guardian, custodian and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or
custodian if the parent, guardian or custodian appears to take
custody and agrees to abide by a court order which requires the
minor and his or her parent, guardian, or legal custodian to
complete an evaluation by an entity licensed by the Department
of Human Services, as the successor to the Department of
Alcoholism and Substance Abuse, and complete any treatment
recommendations indicated by the assessment. Custodian shall
include any agency of the State which has been given custody or
wardship of the child.
The Court shall require documentation by representatives
of the Department of Children and Family Services or the
probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the
minor from his or her home, and shall consider the testimony of
any person as to those reasonable efforts. If the court finds
that it is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of another

HB2404 Enrolled - 47 - LRB098 07733 RLC 37811 b
that the minor be or placed in a shelter care facility or that
he or she is likely to flee the jurisdiction of the court, and
further, finds that reasonable efforts have been made or good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care and order that the
minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency, or in a facility or program licensed by the Department
of Human Services for shelter and treatment services; otherwise
it shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with
the court's order, comply with Section 7 of the Children and
Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and Family
Services or a licensed child welfare agency, or in a facility
or program licensed by the Department of Human Services for
shelter and treatment services, the court shall, upon request
of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or his

HB2404 Enrolled - 48 - LRB098 07733 RLC 37811 b
family to ameliorate the causes contributing to the finding of
probable cause or to the finding of the existence of immediate
and urgent necessity. Acceptance of services shall not be
considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court shall state in writing its findings concerning
the nature of the services that were offered or the efforts
that were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian, temporary
custodian and minor shall each be furnished a copy of such
written findings. The temporary custodian shall maintain a copy
of the court order and written findings in the case record for
the child. The order together with the court's findings of fact
in support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the

HB2404 Enrolled - 49 - LRB098 07733 RLC 37811 b
protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, he or she
may file his or her affidavit setting forth these facts, and
the clerk shall set the matter for rehearing not later than 24
hours, excluding Sundays and legal holidays, after the filing
of the affidavit. At the rehearing, the court shall proceed in
the same manner as upon the original hearing.
(4) If the minor is not brought before a judicial officer
within the time period as specified in Section 4-8, the minor
must immediately be released from custody.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room or yard with adults confined
pursuant to the criminal law.
(7) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the

HB2404 Enrolled - 50 - LRB098 07733 RLC 37811 b
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(8) Any interested party, including the State, the
temporary custodian, an agency providing services to the minor
or family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or any
of their representatives, may file a motion to modify or vacate
a temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.

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The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff.
1-1-99.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for a
community service agency as hereinafter defined.
(2.5) "Community service agency" means a not-for-profit
organization, community organization, church, charitable
organization, individual, public office, or other public body
whose purpose is to enhance the physical or mental health of a
delinquent minor or to rehabilitate the minor, or to improve
the environmental quality or social welfare of the community

HB2404 Enrolled - 52 - LRB098 07733 RLC 37811 b
which agrees to accept community service from juvenile
delinquents and to report on the progress of the community
service to the State's Attorney pursuant to an agreement or to
the court or to any agency designated by the court or to the
authorized diversion program that has referred the delinquent
minor for community service.
(3) "Delinquent minor" means any minor who prior to his or
her 17th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State law,
county or municipal ordinance, and any minor who prior to his
or her 18th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal, State,
county or municipal law or ordinance classified as a
misdemeanor offense.
(4) "Department" means the Department of Human Services
unless specifically referenced as another department.
(5) "Detention" means the temporary care of a minor who is
alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or the
community's protection in a facility designed to physically
restrict the minor's movements, pending disposition by the
court or execution of an order of the court for placement or
commitment. Design features that physically restrict movement
include, but are not limited to, locked rooms and the secure
handcuffing of a minor to a rail or other stationary object. In
addition, "detention" includes the court ordered care of an

HB2404 Enrolled - 53 - LRB098 07733 RLC 37811 b
alleged or adjudicated delinquent minor who requires secure
custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile, without
court intervention, into a program that provides services
designed to educate the juvenile and develop a productive and
responsible approach to living in the community.
(7) "Juvenile detention home" means a public facility with
specially trained staff that conforms to the county juvenile
detention standards promulgated by the Department of
Corrections.
(8) "Juvenile justice continuum" means a set of delinquency
prevention programs and services designed for the purpose of
preventing or reducing delinquent acts, including criminal
activity by youth gangs, as well as intervention,
rehabilitation, and prevention services targeted at minors who
have committed delinquent acts, and minors who have previously
been committed to residential treatment programs for
delinquents. The term includes children-in-need-of-services
and families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health programs;
community service programs; community service work programs;
and alternative-dispute resolution programs serving
youth-at-risk of delinquency and their families, whether
offered or delivered by State or local governmental entities,
public or private for-profit or not-for-profit organizations,
or religious or charitable organizations. This term would also

HB2404 Enrolled - 54 - LRB098 07733 RLC 37811 b
encompass any program or service consistent with the purpose of
those programs and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a locked
cell or room, by being handcuffed to a rail or other stationary
object, or by other means. Non-secure custody may include, but
is not limited to, electronic monitoring, foster home
placement, home confinement, group home placement, or physical
restriction of movement or activity solely through facility
staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body whose
purpose is to enhance physical or mental stability of the
offender, environmental quality or the social welfare and which
agrees to accept public or community service from offenders and
to report on the progress of the offender and the public or

HB2404 Enrolled - 55 - LRB098 07733 RLC 37811 b
community service to the court or to the authorized diversion
program that has referred the offender for public or community
service.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and to
determine what sentence should be imposed on the minor. It is
the intent of the General Assembly that the term "sentencing
hearing" replace the term "dispositional hearing" and be
synonymous with that definition as it was used in the Juvenile
Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Site" means a not-for-profit organization, public
body, church, charitable organization, or individual agreeing
to accept community service from offenders and to report on the
progress of ordered or required public or community service to
the court or to the authorized diversion program that has
referred the offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor is
delinquent are proved beyond a reasonable doubt. It is the
intent of the General Assembly that the term "trial" replace
the term "adjudicatory hearing" and be synonymous with that

HB2404 Enrolled - 56 - LRB098 07733 RLC 37811 b
definition as it was used in the Juvenile Court Act of 1987.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to violations or attempted
violations committed on or after the effective date of this
amendatory Act.
(Source: P.A. 95-1031, eff. 1-1-10.)
(705 ILCS 405/5-120)
Sec. 5-120. Exclusive jurisdiction. Proceedings may be
instituted under the provisions of this Article concerning any
minor who prior to the minor's 17th birthday has violated or
attempted to violate, regardless of where the act occurred, any
federal or State law or municipal or county ordinance, and any
minor who prior to his or her 18th birthday has violated or
attempted to violate, regardless of where the act occurred, any
federal, State, county or municipal law or ordinance classified
as a misdemeanor offense. If before trial or plea, an
information or indictment is filed that includes one or more
charges under the criminal laws of this State and additional
charges that are classified as misdemeanors that are subject to
proceedings under this Act, all of the charges arising out of
the same incident shall be prosecuted under the criminal laws
of this State. If after trial or plea the court finds that the
minor committed an offense that is solely classified as a
misdemeanor, the court must proceed under Section 5-705 and
5-710 of this Act. Except as provided in Sections 5-125, 5-130,

HB2404 Enrolled - 57 - LRB098 07733 RLC 37811 b
5-805, and 5-810 of this Article, no minor who was under 18 17
years of age at the time of the alleged offense may be
prosecuted under the criminal laws of this State.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to violations or attempted
violations committed on or after the effective date of this
amendatory Act.
(Source: P.A. 95-1031, eff. 1-1-10.)
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
robbery when the armed robbery was committed with a firearm, or
(v) aggravated vehicular hijacking when the hijacking was
committed with a firearm.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.

HB2404 Enrolled - 58 - LRB098 07733 RLC 37811 b
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed on a lesser charge if before trial
the minor defendant knowingly and with advice of counsel
waives, in writing, his or her right to have the matter proceed
in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961 or the Criminal Code of 2012.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified

HB2404 Enrolled - 59 - LRB098 07733 RLC 37811 b
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(2) (Blank).
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the

HB2404 Enrolled - 60 - LRB098 07733 RLC 37811 b
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 while in
school, regardless of the time of day or the time of year, or
on the real property comprising any school, regardless of the
time of day or the time of year. School is defined, for
purposes of this Section as any public or private elementary or
secondary school, community college, college, or university.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the

HB2404 Enrolled - 61 - LRB098 07733 RLC 37811 b
criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the

HB2404 Enrolled - 62 - LRB098 07733 RLC 37811 b
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961 or the Criminal Code of 2012.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, the
State's Attorney may proceed on any lesser charge or charges,
but only in Juvenile Court under the provisions of this
Article. The State's Attorney may proceed under the criminal
laws of this State on a lesser charge if before trial the minor

HB2404 Enrolled - 63 - LRB098 07733 RLC 37811 b
defendant knowingly and with advice of counsel waives, in
writing, his or her right to have the matter proceed in
Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
(ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and

HB2404 Enrolled - 64 - LRB098 07733 RLC 37811 b
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the
motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or

HB2404 Enrolled - 65 - LRB098 07733 RLC 37811 b
Section 32-10 of the Criminal Code of 1961 or the Criminal Code
of 2012 when the minor is subject to prosecution under the
criminal laws of this State as a result of the application of
the provisions of Section 5-125, or subsection (1) or (2) of
this Section. These charges and all other charges arising out
of the same incident shall be prosecuted under the criminal
laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under

HB2404 Enrolled - 66 - LRB098 07733 RLC 37811 b
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Juvenile Justice for
the treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after

HB2404 Enrolled - 67 - LRB098 07733 RLC 37811 b
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 18 17 years of age
shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
18th 17th birthday even though he or she is at the time of the
offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that

HB2404 Enrolled - 68 - LRB098 07733 RLC 37811 b
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
(10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of the
minor;
(c) Any previous abuse or neglect history of the minor;
(d) Any mental health or educational history of the minor,
or both; and

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(e) Whether there is probable cause to support the charge,
whether the minor is charged through accountability, and
whether there is evidence the minor possessed a deadly weapon
or caused serious bodily harm during the offense.
Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any
interrogation (i) during which a reasonable person in the
subject's position would consider himself or herself to be in
custody and (ii) during which a question is asked that is
reasonably likely to elicit an incriminating response.
In this Section, "electronic recording" includes motion

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picture, audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building or a
police station that is a place of operation for a municipal
police department or county sheriff department or other law
enforcement agency at which persons are or may be held in
detention in connection with criminal charges against those
persons or allegations that those persons are delinquent
minors.
(b) An oral, written, or sign language statement of a minor
who, at the time of the commission of the offense was under the
age of 18 17 years, made as a result of a custodial
interrogation conducted at a police station or other place of
detention on or after the effective date of this amendatory Act
of the 93rd General Assembly shall be presumed to be
inadmissible as evidence against the minor in any criminal
proceeding or juvenile court proceeding, for an act that if
committed by an adult would be brought under Section 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code
of 1961 or the Criminal Code of 2012, or under clause (d)(1)(F)
of Section 11-501 of the Illinois Vehicle Code unless:
(1) an electronic recording is made of the custodial
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(c) Every electronic recording required under this Section
must be preserved until such time as the minor's adjudication

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for any offense relating to the statement is final and all
direct and habeas corpus appeals are exhausted, or the
prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence,
that the minor was subjected to a custodial interrogation in
violation of this Section, then any statements made by the
minor during or following that non-recorded custodial
interrogation, even if otherwise in compliance with this
Section, are presumed to be inadmissible in any criminal
proceeding or juvenile court proceeding against the minor
except for the purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of
a statement made by the minor in open court in any criminal
proceeding or juvenile court proceeding, before a grand jury,
or at a preliminary hearing, (ii) of a statement made during a
custodial interrogation that was not recorded as required by
this Section because electronic recording was not feasible,
(iii) of a voluntary statement, whether or not the result of a
custodial interrogation, that has a bearing on the credibility
of the accused as a witness, (iv) of a spontaneous statement
that is not made in response to a question, (v) of a statement
made after questioning that is routinely asked during the
processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who
requests, prior to making the statement, to respond to the
interrogator's questions only if an electronic recording is not

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made of the statement, provided that an electronic recording is
made of the statement of agreeing to respond to the
interrogator's question, only if a recording is not made of the
statement, (vii) of a statement made during a custodial
interrogation that is conducted out-of-state, (viii) of a
statement given at a time when the interrogators are unaware
that a death has in fact occurred, or (ix) of any other
statement that may be admissible under law. The State shall
bear the burden of proving, by a preponderance of the evidence,
that one of the exceptions described in this subsection (e) is
applicable. Nothing in this Section precludes the admission of
a statement, otherwise inadmissible under this Section, that is
used only for impeachment and not as substantive evidence.
(f) The presumption of inadmissibility of a statement made
by a suspect at a custodial interrogation at a police station
or other place of detention may be overcome by a preponderance
of the evidence that the statement was voluntarily given and is
reliable, based on the totality of the circumstances.
(g) Any electronic recording of any statement made by a
minor during a custodial interrogation that is compiled by any
law enforcement agency as required by this Section for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section.

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(h) A statement, admission, confession, or incriminating
information made by or obtained from a minor related to the
instant offense, as part of any behavioral health screening,
assessment, evaluation, or treatment, whether or not
court-ordered, shall not be admissible as evidence against the
minor on the issue of guilt only in the instant juvenile court
proceeding. The provisions of this subsection (h) are in
addition to and do not override any existing statutory and
constitutional prohibition on the admission into evidence in
delinquency proceedings of information obtained during
screening, assessment, or treatment.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to statements of a minor made
on or after the effective date of this amendatory Act.
(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured

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custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by subsection (b-5) shall
not be applicable if the probation officer or detention officer
(or other public officer designated by the court in a county
having 3,000,000 or more inhabitants) utilizes a scorable
detention screening instrument, which has been developed with
input by the State's Attorney, to determine whether a minor
should be detained, however, subsection (b-5) shall still be
applicable where no such screening instrument is used or where
the probation officer, detention officer (or other public
officer designated by the court in a county having 3,000,000 or

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more inhabitants) deviates from the screening instrument.
(b-5) Subject to the provisions of subsection (b-4), if a
probation officer or detention officer (or other public officer
designated by the court in a county having 3,000,000 or more
inhabitants) does not intend to detain a minor for an offense
which constitutes one of the following offenses he or she shall
consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder,
involuntary manslaughter, criminal sexual assault, aggravated
criminal sexual assault, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
battery involving permanent disability or disfigurement or
great bodily harm, robbery, aggravated robbery, armed robbery,
vehicular hijacking, aggravated vehicular hijacking, vehicular
invasion, arson, aggravated arson, kidnapping, aggravated
kidnapping, home invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or

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handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain and the length of
time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 17
years of age shall be kept separate from confined adults
and may not at any time be kept in the same cell, room or
yard with adults confined pursuant to criminal law. Persons
18 17 years of age and older who have a petition of
delinquency filed against them may be confined in an adult
detention facility. In making a determination whether to
confine a person 18 17 years of age or older who has a

HB2404 Enrolled - 77 - LRB098 07733 RLC 37811 b
petition of delinquency filed against the person, these
factors, among other matters, shall be considered:
(A) The age of the person;
(B) Any previous delinquent or criminal history of
the person;
(C) Any previous abuse or neglect history of the
person; and
(D) Any mental health or educational history of the
person, or both.
(d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
promulgated by the Department of Corrections and training
standards approved by the Illinois Law Enforcement Training
Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this

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subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards promulgated by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.

HB2404 Enrolled - 79 - LRB098 07733 RLC 37811 b
(g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound separation
provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 96-1551, eff. 7-1-11.)
(705 ILCS 405/5-901)
Sec. 5-901. Court file.

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(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;

HB2404 Enrolled - 81 - LRB098 07733 RLC 37811 b
(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

HB2404 Enrolled - 82 - LRB098 07733 RLC 37811 b
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.
(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

HB2404 Enrolled - 83 - LRB098 07733 RLC 37811 b
(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,

HB2404 Enrolled - 84 - LRB098 07733 RLC 37811 b
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

HB2404 Enrolled - 85 - LRB098 07733 RLC 37811 b
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 17th birthday for those offenses required to be

HB2404 Enrolled - 86 - LRB098 07733 RLC 37811 b
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.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to juvenile court records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(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 18th 17th birthday shall be
restricted to the following and when necessary for the
discharge of their official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(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

HB2404 Enrolled - 87 - LRB098 07733 RLC 37811 b
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;
(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been
charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(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;
(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;
(h) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who

HB2404 Enrolled - 88 - LRB098 07733 RLC 37811 b
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to law
enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest 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) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(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 the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,

HB2404 Enrolled - 89 - LRB098 07733 RLC 37811 b
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The information
shall be used solely by the appropriate school official
or officials whom the school has determined to have a
legitimate educational or safety interest to aid in the
proper rehabilitation of the child and to protect the
safety of students and employees in the school. If the
designated law enforcement and school officials deem
it to be in the best interest of the minor, the student
may be referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law

HB2404 Enrolled - 90 - LRB098 07733 RLC 37811 b
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the
child and shall not be a public record. This limitation
on the use of information about a minor who is the
subject of a current police investigation shall in no
way limit the use of this information by prosecutors in
pursuing criminal charges arising out of the
information disclosed during a police investigation of
the minor. For purposes of this paragraph,
"investigation" means an official systematic inquiry
by a law enforcement agency into actual or suspected
criminal activity;
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park District

HB2404 Enrolled - 91 - LRB098 07733 RLC 37811 b
Act concerning a person who is seeking employment with that
park district and who has been adjudicated a juvenile
delinquent for any of the offenses listed in subsection (c)
of Section 8-23 of the Park District Code or subsection (c)
of Section 16a-5 of the Chicago Park District Act.
(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.
(2.5) If the minor is a victim of aggravated battery,
battery, attempted first degree murder, or other non-sexual
violent offense, the identity of the victim may be disclosed to
appropriate school officials, for the purpose of preventing
foreseeable future violence involving minors, by a local law
enforcement agency pursuant to an agreement established
between the school district and a local law enforcement agency
subject to the approval by the presiding judge of the juvenile
court.
(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.
(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

HB2404 Enrolled - 92 - LRB098 07733 RLC 37811 b
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
prosecution.
(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 18 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.
(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

HB2404 Enrolled - 93 - LRB098 07733 RLC 37811 b
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.
(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 18 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.
(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.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to law enforcement records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11;

HB2404 Enrolled - 94 - LRB098 07733 RLC 37811 b
97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; 97-1150, eff.
1-25-13.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(0.05) For purposes of this Section and Section 5-622:
"Expunge" means to physically destroy the records and
to obliterate the minor's name from any official index or
public record, or both. Nothing in this Act shall require
the physical destruction of the internal office records,
files, or databases maintained by a State's Attorney's
Office or other prosecutor.
"Law enforcement record" includes but is not limited to
records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records maintained by a law enforcement agency
relating to a minor suspected of committing an offense.
(1) Whenever any person has attained the age of 18 17 or
whenever all juvenile court proceedings relating to that person
have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his or her 18th 17th birthday or
his or her juvenile court records, or both, but only in the
following circumstances:
(a) the minor was arrested and no petition for

HB2404 Enrolled - 95 - LRB098 07733 RLC 37811 b
delinquency was filed with the clerk of the circuit court;
or
(b) the minor was charged with an offense and was found
not delinquent of that offense; or
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th 17th birthday which did not result in
proceedings in criminal court and all juvenile court records
with respect to any adjudications except those based upon first
degree murder and sex offenses which would be felonies if
committed by an adult, if the person for whom expungement is
sought has had no convictions for any crime since his or her
18th 17th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated or
his or her commitment to the Department of Juvenile Justice
pursuant to this Act has been terminated;
whichever is later of (a) or (b). Nothing in this Section 5-915
precludes a minor from obtaining expungement under Section

HB2404 Enrolled - 96 - LRB098 07733 RLC 37811 b
5-622.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court as
provided in paragraph (a) of subsection (1) at the time the
minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that if the State's Attorney
does not file a petition for delinquency, the minor has a right
to petition to have his or her arrest record expunged when the
minor attains the age of 18 17 or when all juvenile court
proceedings relating to that minor have been terminated and
that unless a petition to expunge is filed, the minor shall
have an arrest record and shall provide the minor and the
minor's parents or guardians with an expungement information
packet, including a petition to expunge juvenile records
obtained from the clerk of the circuit court.
(2.6) If a minor is charged with an offense and is found
not delinquent of that offense; or if a minor is placed under
supervision under Section 5-615, and the order of supervision
is successfully terminated; or if a minor is adjudicated for an
offense that would be a Class B misdemeanor, a Class C
misdemeanor, or a business or petty offense if committed by an
adult; or if a minor has incidents occurring before his or her
18th 17th birthday that have not resulted in proceedings in
criminal court, or resulted in proceedings in juvenile court,

HB2404 Enrolled - 97 - LRB098 07733 RLC 37811 b
and the adjudications were not based upon first degree murder
or sex offenses that would be felonies if committed by an
adult; then at the time of sentencing or dismissal of the case,
the judge shall inform the delinquent minor of his or her right
to petition for expungement as provided by law, and the clerk
of the circuit court shall provide an expungement information
packet to the delinquent minor, written in plain language,
including a petition for expungement, a sample of a completed
petition, expungement instructions that shall include
information informing the minor that (i) once the case is
expunged, it shall be treated as if it never occurred, (ii) he
or she may apply to have petition fees waived, (iii) once he or
she obtains an expungement, he or she may not be required to
disclose that he or she had a juvenile record, and (iv) he or
she may file the petition on his or her own or with the
assistance of an attorney. The failure of the judge to inform
the delinquent minor of his or her right to petition for
expungement as provided by law does not create a substantive
right, nor is that failure grounds for: (i) a reversal of an
adjudication of delinquency, (ii) a new trial; or (iii) an
appeal.
(2.7) For counties with a population over 3,000,000, the
clerk of the circuit court shall send a "Notification of a
Possible Right to Expungement" post card to the minor at the
address last received by the clerk of the circuit court on the
date that the minor attains the age of 18 17 based on the

HB2404 Enrolled - 98 - LRB098 07733 RLC 37811 b
birthdate provided to the court by the minor or his or her
guardian in cases under paragraphs (b), (c), and (d) of
subsection (1); and when the minor attains the age of 21 based
on the birthdate provided to the court by the minor or his or
her guardian in cases under subsection (2).
(2.8) The petition for expungement for subsection (1) shall
be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
(Please prepare a separate petition for each offense)
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner has attained the age of 18 17,
his/her birth date being ......, or all Juvenile Court
proceedings terminated as of ......, whichever occurred later.
Petitioner was arrested on ..... by the ....... Police

HB2404 Enrolled - 99 - LRB098 07733 RLC 37811 b
Department for the offense of ......., and:
(Check One:)
( ) a. no petition was filed with the Clerk of the Circuit
Court.
( ) b. was charged with ...... and was found not delinquent of
the offense.
( ) c. a petition was filed and the petition was dismissed
without a finding of delinquency on .....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense, which would have been a
Class B misdemeanor, a Class C misdemeanor, or a petty offense
or business offense if committed by an adult.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident, and (2) to order the
Clerk of the Court to expunge all records concerning the
petitioner regarding this incident.

HB2404 Enrolled - 100 - LRB098 07733 RLC 37811 b
......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
The Petition for Expungement for subsection (2) shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT

HB2404 Enrolled - 101 - LRB098 07733 RLC 37811 b
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2))
(Please prepare a separate petition for each offense)
Now comes ............, petitioner, and respectfully requests
that this Honorable Court enter an order expunging all Juvenile
Law Enforcement and Court records of petitioner and in support
thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th 17th birthday and did not
result in proceedings in criminal court and the Petitioner has
not had any convictions for any crime since his/her 18th 17th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th 17th birthday and the
adjudication was not based upon first-degree murder or sex
offenses which would be felonies if committed by an adult, and
the Petitioner has not had any convictions for any crime since
his/her 18th 17th birthday.
Petitioner was arrested on ...... by the ....... Police
Department for the offense of ........, and:

HB2404 Enrolled - 102 - LRB098 07733 RLC 37811 b
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court
proceedings relating to the Petitioner have been terminated; or
the Petitioner's commitment to the Department of Juvenile
Justice pursuant to the expungement of juvenile law enforcement
and court records provisions of the Juvenile Court Act of 1987
has been terminated. Petitioner ...has ...has not been arrested
on charges in this or any other county other than the charge
listed above. If petitioner has been arrested on additional
charges, please list the charges below:
Charge(s): ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner related to this incident, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident.
.......................
Petitioner (Signature)
......................
Petitioner's Street Address

HB2404 Enrolled - 103 - LRB098 07733 RLC 37811 b
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of

HB2404 Enrolled - 104 - LRB098 07733 RLC 37811 b
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45 day objection period.
At the hearing the court shall hear evidence on whether the
expungement should or should not be granted. Unless the State's
Attorney or prosecutor, the Department of State Police, or an
arresting agency objects to the expungement within 45 days of
the notice, the court may enter an order granting expungement.
The person whose records are to be expunged shall pay the clerk
of the circuit court a fee equivalent to the cost associated
with expungement of records by the clerk and the Department of
State Police. The clerk shall forward a certified copy of the
order to the Department of State Police, the appropriate
portion of the fee to the Department of State Police for
processing, and deliver a certified copy of the order to the
arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)

HB2404 Enrolled - 105 - LRB098 07733 RLC 37811 b
(Name of Petitioner)
NOTICE
TO: State's Attorney
TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address

HB2404 Enrolled - 106 - LRB098 07733 RLC 37811 b
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

HB2404 Enrolled - 107 - LRB098 07733 RLC 37811 b
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit

HB2404 Enrolled - 108 - LRB098 07733 RLC 37811 b
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................

HB2404 Enrolled - 109 - LRB098 07733 RLC 37811 b
.................................
TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:

HB2404 Enrolled - 110 - LRB098 07733 RLC 37811 b
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(4) Upon entry of an order expunging records or files, the
offense, which the records or files concern shall be treated as
if it never occurred. Law enforcement officers and other public
offices and agencies shall properly reply on inquiry that no

HB2404 Enrolled - 111 - LRB098 07733 RLC 37811 b
record or file exists with respect to the person.
(5) Records which have not been expunged are sealed, and
may be obtained only under the provisions of Sections 5-901,
5-905 and 5-915.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the offender. This information may only be
used for statistical and bona fide research purposes.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
process;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate

HB2404 Enrolled - 112 - LRB098 07733 RLC 37811 b
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(8)(a) Except with respect to law enforcement agencies, the
Department of Corrections, State's Attorneys, or other
prosecutors, an expunged juvenile record may not be considered
by any private or public entity in employment matters,
certification, licensing, revocation of certification or

HB2404 Enrolled - 113 - LRB098 07733 RLC 37811 b
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of conviction
or arrest. Employers may not ask if an applicant has had a
juvenile record expunged. Effective January 1, 2005, the
Department of Labor shall develop a link on the Department's
website to inform employers that employers may not ask if an
applicant had a juvenile record expunged and that application
for employment must contain specific language that states that
the applicant is not obligated to disclose expunged juvenile
records of arrest or conviction.
(b) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement. This amendatory Act of
the 93rd General Assembly does not affect the right of the
victim of a crime to prosecute or defend a civil action for
damages.
(c) The expungement of juvenile records under Section 5-622
shall be funded by the additional fine imposed under Section
5-9-1.17 of the Unified Code of Corrections and additional
appropriations made by the General Assembly for such purpose.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to law enforcement records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)