Bill Text: IL SB1785 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Eliminates provisions that require automatic prosecution of minors as adults. Eliminates mandatory and presumptive transfers to adult criminal prosecution. Provides that all transfers to adult criminal prosecution are discretionary transfers. Provides that if a petition alleges commission by a minor 13 years of age or over of an act that constitutes a crime under the laws of the State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under the Act, the court may enter an order permitting prosecution under the criminal laws. Provides that the factors that the court must consider for discretionary transfer apply to any act that if committed by an adult would constitute a crime that would subject a minor to juvenile jurisdiction if not transferred for adult criminal prosecution. Provides that the changes made to this provision by the amendatory Act apply to a minor who has been arrested or taken into custody on or after the effective date of the amendatory Act. Amends the Code of Criminal Procedure of 1963 to make a conforming change.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2015-04-24 - Rule 3-9(a) / Re-referred to Assignments [SB1785 Detail]
Download: Illinois-2015-SB1785-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||||||||
5 | changing Sections 1-7, 1-8, 5-120, 5-407, 5-805, 5-901, and | |||||||||||||||||||||||||||||||||||
6 | 5-905 as follows:
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7 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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8 | Sec. 1-7. Confidentiality of law enforcement records.
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9 | (A) Inspection and copying of law enforcement records | |||||||||||||||||||||||||||||||||||
10 | maintained by law
enforcement agencies that relate to a minor | |||||||||||||||||||||||||||||||||||
11 | who has been arrested or taken
into custody before his or her | |||||||||||||||||||||||||||||||||||
12 | 18th birthday shall be restricted to the
following:
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13 | (1) Any local, State or federal law enforcement | |||||||||||||||||||||||||||||||||||
14 | officers of any
jurisdiction or agency when necessary for | |||||||||||||||||||||||||||||||||||
15 | the discharge of their official
duties during the | |||||||||||||||||||||||||||||||||||
16 | investigation or prosecution of a crime or relating to a
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17 | minor who has been adjudicated delinquent and there has | |||||||||||||||||||||||||||||||||||
18 | been a previous finding
that the act which constitutes the | |||||||||||||||||||||||||||||||||||
19 | previous offense was committed in
furtherance of criminal | |||||||||||||||||||||||||||||||||||
20 | activities by a criminal street gang, or, when necessary | |||||||||||||||||||||||||||||||||||
21 | for the discharge of its official duties in connection with | |||||||||||||||||||||||||||||||||||
22 | a particular investigation of the conduct of a law | |||||||||||||||||||||||||||||||||||
23 | enforcement officer, an independent agency or its staff |
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1 | created by ordinance and charged by a unit of local | ||||||
2 | government with the duty of investigating the conduct of | ||||||
3 | law enforcement officers. For purposes of
this Section, | ||||||
4 | "criminal street gang" has the meaning ascribed to it in
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5 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act.
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7 | (2) Prosecutors, probation officers, social workers, | ||||||
8 | or other
individuals assigned by the court to conduct a | ||||||
9 | pre-adjudication or
pre-disposition investigation, and | ||||||
10 | individuals responsible for supervising
or providing | ||||||
11 | temporary or permanent care and custody for minors pursuant | ||||||
12 | to
the order of the juvenile court, when essential to | ||||||
13 | performing their
responsibilities.
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14 | (3) Prosecutors and probation officers:
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15 | (a) in the course of a trial when institution of | ||||||
16 | criminal proceedings
has been permitted or required | ||||||
17 | under Section 5-805; or
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18 | (b) when institution of criminal proceedings has | ||||||
19 | been permitted or required under Section 5-805 and such | ||||||
20 | minor is the
subject
of a proceeding to determine the | ||||||
21 | amount of bail; or
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22 | (c) when criminal proceedings have been permitted
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23 | or
required under Section 5-805 and such minor is the | ||||||
24 | subject of a
pre-trial
investigation, pre-sentence | ||||||
25 | investigation, fitness hearing, or proceedings
on an | ||||||
26 | application for probation.
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1 | (4) Adult and Juvenile Prisoner Review Board.
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2 | (5) Authorized military personnel.
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3 | (6) Persons engaged in bona fide research, with the | ||||||
4 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
5 | the chief executive of the respective
law enforcement | ||||||
6 | agency; provided that publication of such research results
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7 | in no disclosure of a minor's identity and protects the | ||||||
8 | confidentiality
of the minor's record.
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9 | (7) Department of Children and Family Services child | ||||||
10 | protection
investigators acting in their official | ||||||
11 | capacity.
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12 | (8) The appropriate school official only if the agency | ||||||
13 | or officer believes that there is an imminent threat of | ||||||
14 | physical harm to students, school personnel, or others who | ||||||
15 | are present in the school or on school grounds. | ||||||
16 | (A) Inspection and copying
shall be limited to law | ||||||
17 | enforcement records transmitted to the appropriate
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18 | school official or officials whom the school has | ||||||
19 | determined to have a legitimate educational or safety | ||||||
20 | interest by a local law enforcement agency under a | ||||||
21 | reciprocal reporting
system established and maintained | ||||||
22 | between the school district and the local law
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23 | enforcement agency under Section 10-20.14 of the | ||||||
24 | School Code concerning a minor
enrolled in a school | ||||||
25 | within the school district who has been arrested or | ||||||
26 | taken
into custody for any of the following offenses:
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1 | (i) any violation of Article 24 of the Criminal | ||||||
2 | Code of
1961 or the Criminal Code of 2012;
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3 | (ii) a violation of the Illinois Controlled | ||||||
4 | Substances Act;
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5 | (iii) a violation of the Cannabis Control Act;
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6 | (iv) a forcible felony as defined in Section | ||||||
7 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
8 | Code of 2012; | ||||||
9 | (v) a violation of the Methamphetamine Control | ||||||
10 | and Community Protection Act;
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11 | (vi) a violation of Section 1-2 of the | ||||||
12 | Harassing and Obscene Communications Act; | ||||||
13 | (vii) a violation of the Hazing Act; or | ||||||
14 | (viii) a violation of Section 12-1, 12-2, | ||||||
15 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
16 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
18 | The information derived from the law enforcement | ||||||
19 | records shall be kept separate from and shall not | ||||||
20 | become a part of the official school record of that | ||||||
21 | child and shall not be a public record. The information | ||||||
22 | shall be used solely by the appropriate school official | ||||||
23 | or officials whom the school has determined to have a | ||||||
24 | legitimate educational or safety interest to aid in the | ||||||
25 | proper rehabilitation of the child and to protect the | ||||||
26 | safety of students and employees in the school. If the |
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1 | designated law enforcement and school officials deem | ||||||
2 | it to be in the best interest of the minor, the student | ||||||
3 | may be referred to in-school or community based social | ||||||
4 | services if those services are available. | ||||||
5 | "Rehabilitation services" may include interventions by | ||||||
6 | school support personnel, evaluation for eligibility | ||||||
7 | for special education, referrals to community-based | ||||||
8 | agencies such as youth services, behavioral healthcare | ||||||
9 | service providers, drug and alcohol prevention or | ||||||
10 | treatment programs, and other interventions as deemed | ||||||
11 | appropriate for the student. | ||||||
12 | (B) Any information provided to appropriate school | ||||||
13 | officials whom the school has determined to have a | ||||||
14 | legitimate educational or safety interest by local law | ||||||
15 | enforcement officials about a minor who is the subject | ||||||
16 | of a current police investigation that is directly | ||||||
17 | related to school safety shall consist of oral | ||||||
18 | information only, and not written law enforcement | ||||||
19 | records, and shall be used solely by the appropriate | ||||||
20 | school official or officials to protect the safety of | ||||||
21 | students and employees in the school and aid in the | ||||||
22 | proper rehabilitation of the child. The information | ||||||
23 | derived orally from the local law enforcement | ||||||
24 | officials shall be kept separate from and shall not | ||||||
25 | become a part of the official school record of the | ||||||
26 | child and shall not be a public record. This limitation |
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1 | on the use of information about a minor who is the | ||||||
2 | subject of a current police investigation shall in no | ||||||
3 | way limit the use of this information by prosecutors in | ||||||
4 | pursuing criminal charges arising out of the | ||||||
5 | information disclosed during a police investigation of | ||||||
6 | the minor. For purposes of this paragraph, | ||||||
7 | "investigation" means an official systematic inquiry | ||||||
8 | by a law enforcement agency into actual or suspected | ||||||
9 | criminal activity.
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10 | (9) Mental health professionals on behalf of the | ||||||
11 | Illinois Department of
Corrections or the Department of | ||||||
12 | Human Services or prosecutors who are
evaluating, | ||||||
13 | prosecuting, or investigating a potential or actual | ||||||
14 | petition
brought
under the Sexually Violent Persons | ||||||
15 | Commitment Act relating to a person who is
the
subject of | ||||||
16 | juvenile law enforcement records or the respondent to a | ||||||
17 | petition
brought under the Sexually Violent Persons | ||||||
18 | Commitment Act who is the subject of
the
juvenile law | ||||||
19 | enforcement records sought.
Any records and any | ||||||
20 | information obtained from those records under this
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21 | paragraph (9) may be used only in sexually violent persons | ||||||
22 | commitment
proceedings.
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23 | (10) The president of a park district. Inspection and | ||||||
24 | copying shall be limited to law enforcement records | ||||||
25 | transmitted to the president of the park district by the | ||||||
26 | Illinois State Police under Section 8-23 of the Park |
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1 | District Code or Section 16a-5 of the Chicago Park District | ||||||
2 | Act concerning a person who is seeking employment with that | ||||||
3 | park district and who has been adjudicated a juvenile | ||||||
4 | delinquent for any of the offenses listed in subsection (c) | ||||||
5 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
6 | of Section 16a-5 of the Chicago Park District Act.
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7 | (B)(1) Except as provided in paragraph (2), no law | ||||||
8 | enforcement
officer or other person or agency may knowingly | ||||||
9 | transmit to the Department of
Corrections or the Department | ||||||
10 | of State Police or to the Federal
Bureau of Investigation | ||||||
11 | any fingerprint or photograph relating to a minor who
has | ||||||
12 | been arrested or taken into custody before his or her 18th | ||||||
13 | birthday,
unless the court in proceedings under this Act | ||||||
14 | authorizes the transmission or
enters an order under | ||||||
15 | Section 5-805 permitting or requiring the
institution of
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16 | criminal proceedings.
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17 | (2) Law enforcement officers or other persons or | ||||||
18 | agencies shall transmit
to the Department of State Police | ||||||
19 | copies of fingerprints and descriptions
of all minors who | ||||||
20 | have been arrested or taken into custody before their
18th | ||||||
21 | birthday for the offense of unlawful use of weapons under | ||||||
22 | Article 24 of
the Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012, a Class X or Class 1 felony, a forcible | ||||||
24 | felony as
defined in Section 2-8 of the Criminal Code of | ||||||
25 | 1961 or the Criminal Code of 2012, or a Class 2 or greater
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26 | felony under the Cannabis Control Act, the Illinois |
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1 | Controlled Substances Act, the Methamphetamine Control and | ||||||
2 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
3 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
4 | Identification Act. Information reported to the Department | ||||||
5 | pursuant
to this Section may be maintained with records | ||||||
6 | that the Department files
pursuant to Section 2.1 of the | ||||||
7 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
8 | a law enforcement agency from fingerprinting a minor taken | ||||||
9 | into
custody or arrested before his or her 18th birthday | ||||||
10 | for an offense other than
those listed in this paragraph | ||||||
11 | (2).
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12 | (C) The records of law enforcement officers, or of an | ||||||
13 | independent agency created by ordinance and charged by a unit | ||||||
14 | of local government with the duty of investigating the conduct | ||||||
15 | of law enforcement officers, concerning all minors under
18 | ||||||
16 | years of age must be maintained separate from the records of | ||||||
17 | arrests and
may not be open to public inspection or their | ||||||
18 | contents disclosed to the
public except by order of the court | ||||||
19 | presiding over matters pursuant to this Act or when the | ||||||
20 | institution of criminal
proceedings has been permitted or | ||||||
21 | required under Section
5-805 or such a person has been | ||||||
22 | convicted of a crime and is the
subject of
pre-sentence | ||||||
23 | investigation or proceedings on an application for probation
or | ||||||
24 | when provided by law. For purposes of obtaining documents | ||||||
25 | pursuant to this Section, a civil subpoena is not an order of | ||||||
26 | the court. |
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1 | (1) In cases where the law enforcement, or independent | ||||||
2 | agency, records concern a pending juvenile court case, the | ||||||
3 | party seeking to inspect the records shall provide actual | ||||||
4 | notice to the attorney or guardian ad litem of the minor | ||||||
5 | whose records are sought. | ||||||
6 | (2) In cases where the records concern a juvenile court | ||||||
7 | case that is no longer pending, the party seeking to | ||||||
8 | inspect the records shall provide actual notice to the | ||||||
9 | minor or the minor's parent or legal guardian, and the | ||||||
10 | matter shall be referred to the chief judge presiding over | ||||||
11 | matters pursuant to this Act. | ||||||
12 | (3) In determining whether the records should be | ||||||
13 | available for inspection, the court shall consider the | ||||||
14 | minor's interest in confidentiality and rehabilitation | ||||||
15 | over the moving party's interest in obtaining the | ||||||
16 | information. Any records obtained in violation of this | ||||||
17 | subsection (C) shall not be admissible in any criminal or | ||||||
18 | civil proceeding, or operate to disqualify a minor from | ||||||
19 | subsequently holding public office or securing employment, | ||||||
20 | or operate as a forfeiture of any public benefit, right, | ||||||
21 | privilege, or right to receive any license granted by | ||||||
22 | public authority.
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23 | (D) Nothing contained in subsection (C) of this Section | ||||||
24 | shall prohibit
the inspection or disclosure to victims and | ||||||
25 | witnesses of photographs
contained in the records of law | ||||||
26 | enforcement agencies when the
inspection and disclosure is |
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1 | conducted in the presence of a law enforcement
officer for the | ||||||
2 | purpose of the identification or apprehension of any person
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3 | subject to the provisions of this Act or for the investigation | ||||||
4 | or
prosecution of any crime.
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5 | (E) Law enforcement officers, and personnel of an | ||||||
6 | independent agency created by ordinance and charged by a unit | ||||||
7 | of local government with the duty of investigating the conduct | ||||||
8 | of law enforcement officers, may not disclose the identity of | ||||||
9 | any minor
in releasing information to the general public as to | ||||||
10 | the arrest, investigation
or disposition of any case involving | ||||||
11 | a minor.
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12 | (F) Nothing contained in this Section shall prohibit law | ||||||
13 | enforcement
agencies from communicating with each other by | ||||||
14 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
15 | other means the identity or other relevant
information | ||||||
16 | pertaining to a person under 18 years of age if there are
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17 | reasonable grounds to believe that the person poses a real and | ||||||
18 | present danger
to the safety of the public or law enforcement | ||||||
19 | officers. The information
provided under this subsection (F) | ||||||
20 | shall remain confidential and shall not
be publicly disclosed, | ||||||
21 | except as otherwise allowed by law.
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22 | (G) Nothing in this Section shall prohibit the right of a | ||||||
23 | Civil Service
Commission or appointing authority of any state, | ||||||
24 | county or municipality
examining the character and fitness of | ||||||
25 | an applicant for employment with a law
enforcement agency, | ||||||
26 | correctional institution, or fire department
from obtaining |
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1 | and examining the
records of any law enforcement agency | ||||||
2 | relating to any record of the applicant
having been arrested or | ||||||
3 | taken into custody before the applicant's 18th
birthday.
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4 | (H) The changes made to this Section by Public Act 98-61 | ||||||
5 | apply to law enforcement records of a minor who has been | ||||||
6 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
7 | effective date of Public Act 98-61). | ||||||
8 | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | ||||||
9 | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | ||||||
10 | 1-1-14; 98-756, eff. 7-16-14.)
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11 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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12 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
13 | court records.
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14 | (A) Inspection and copying of juvenile court records | ||||||
15 | relating to a minor
who is the subject of a proceeding under | ||||||
16 | this Act shall be restricted to the
following:
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17 | (1) The minor who is the subject of record, his | ||||||
18 | parents, guardian
and counsel.
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19 | (2) Law enforcement officers and law enforcement | ||||||
20 | agencies when such
information is essential to executing an | ||||||
21 | arrest or search warrant or other
compulsory process, or to | ||||||
22 | conducting an ongoing investigation
or relating to a minor | ||||||
23 | who
has been adjudicated delinquent and there has been a | ||||||
24 | previous finding that
the act which constitutes the | ||||||
25 | previous offense was committed in furtherance
of criminal |
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1 | activities by a criminal street gang.
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2 | Before July 1, 1994, for the purposes of this Section, | ||||||
3 | "criminal street
gang" means any ongoing
organization, | ||||||
4 | association, or group of 3 or more persons, whether formal | ||||||
5 | or
informal, having as one of its primary activities the | ||||||
6 | commission of one or
more criminal acts and that has a | ||||||
7 | common name or common identifying sign,
symbol or specific | ||||||
8 | color apparel displayed, and whose members individually
or | ||||||
9 | collectively engage in or have engaged in a pattern of | ||||||
10 | criminal activity.
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11 | Beginning July 1, 1994, for purposes of this Section, | ||||||
12 | "criminal street
gang" has the meaning ascribed to it in | ||||||
13 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
14 | Prevention Act.
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15 | (3) Judges, hearing officers, prosecutors, probation | ||||||
16 | officers, social
workers or other
individuals assigned by | ||||||
17 | the court to conduct a pre-adjudication or
predisposition | ||||||
18 | investigation, and individuals responsible for supervising
| ||||||
19 | or providing temporary or permanent care and custody for | ||||||
20 | minors pursuant
to the order of the juvenile court when | ||||||
21 | essential to performing their
responsibilities.
| ||||||
22 | (4) Judges, prosecutors and probation officers:
| ||||||
23 | (a) in the course of a trial when institution of | ||||||
24 | criminal proceedings
has been permitted or required | ||||||
25 | under Section 5-805; or
| ||||||
26 | (b) when criminal proceedings have been permitted
|
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1 | or
required under Section 5-805 and a minor is the | ||||||
2 | subject of a
proceeding to
determine the amount of | ||||||
3 | bail; or
| ||||||
4 | (c) when criminal proceedings have been permitted
| ||||||
5 | or
required under Section 5-805 and a minor is the | ||||||
6 | subject of a
pre-trial
investigation, pre-sentence | ||||||
7 | investigation or fitness hearing, or
proceedings on an | ||||||
8 | application for probation; or
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9 | (d) when a minor becomes 18 years of age or older, | ||||||
10 | and is the subject
of criminal proceedings, including a | ||||||
11 | hearing to determine the amount of
bail, a pre-trial | ||||||
12 | investigation, a pre-sentence investigation, a fitness
| ||||||
13 | hearing, or proceedings on an application for | ||||||
14 | probation.
| ||||||
15 | (5) Adult and Juvenile Prisoner Review Boards.
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16 | (6) Authorized military personnel.
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17 | (7) Victims, their subrogees and legal | ||||||
18 | representatives; however, such
persons shall have access | ||||||
19 | only to the name and address of the minor and
information | ||||||
20 | pertaining to the disposition or alternative adjustment | ||||||
21 | plan
of the juvenile court.
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22 | (8) Persons engaged in bona fide research, with the | ||||||
23 | permission of the
presiding judge of the juvenile court and | ||||||
24 | the chief executive of the agency
that prepared the | ||||||
25 | particular records; provided that publication of such
| ||||||
26 | research results in no disclosure of a minor's identity and |
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1 | protects the
confidentiality of the record.
| ||||||
2 | (9) The Secretary of State to whom the Clerk of the | ||||||
3 | Court shall report
the disposition of all cases, as | ||||||
4 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
5 | However, information reported relative to these offenses | ||||||
6 | shall
be privileged and available only to the Secretary of | ||||||
7 | State, courts, and police
officers.
| ||||||
8 | (10) The administrator of a bonafide substance abuse | ||||||
9 | student
assistance program with the permission of the | ||||||
10 | presiding judge of the
juvenile court.
| ||||||
11 | (11) Mental health professionals on behalf of the | ||||||
12 | Illinois Department of
Corrections or the Department of | ||||||
13 | Human Services or prosecutors who are
evaluating, | ||||||
14 | prosecuting, or investigating a potential or actual | ||||||
15 | petition
brought
under the Sexually Violent Persons | ||||||
16 | Commitment Act relating to a person who is the
subject of
| ||||||
17 | juvenile court records or the respondent to a petition | ||||||
18 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
19 | who is the subject of juvenile
court records
sought. Any | ||||||
20 | records and any information obtained from those records | ||||||
21 | under this
paragraph (11) may be used only in sexually | ||||||
22 | violent persons commitment
proceedings.
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23 | (A-1) Findings and exclusions of paternity entered in | ||||||
24 | proceedings occurring under Article II of this Act shall be | ||||||
25 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
26 | of the Juvenile Court, to the Department of Healthcare and |
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| |||||||
1 | Family Services when necessary to discharge the duties of the | ||||||
2 | Department of Healthcare and Family Services under Article X of | ||||||
3 | the Illinois Public Aid Code. | ||||||
4 | (B) A minor who is the victim in a juvenile proceeding | ||||||
5 | shall be
provided the same confidentiality regarding | ||||||
6 | disclosure of identity as the
minor who is the subject of | ||||||
7 | record.
| ||||||
8 | (C) Except as otherwise provided in this subsection (C), | ||||||
9 | juvenile court
records shall not be made available to the | ||||||
10 | general public. Subject to the limitations in paragraphs (0.1) | ||||||
11 | through (0.4) of this subsection (C), the judge presiding over | ||||||
12 | a juvenile court proceeding brought under this Act, in his or | ||||||
13 | her discretion, may order that juvenile court records of an | ||||||
14 | individual case be made available for inspection upon request | ||||||
15 | by a representative of an agency, association, or news media | ||||||
16 | entity or by a properly interested person. For purposes of | ||||||
17 | inspecting documents under this subsection (C), a civil | ||||||
18 | subpoena is not an order of the court.
| ||||||
19 | (0.1) In cases where the records concern a pending | ||||||
20 | juvenile court case, the requesting party seeking to | ||||||
21 | inspect the juvenile court records shall provide actual | ||||||
22 | notice to the attorney or guardian ad litem of the minor | ||||||
23 | whose records are sought. | ||||||
24 | (0.2) In cases where the records concern a juvenile | ||||||
25 | court case that is no longer pending, the requesting party | ||||||
26 | seeking to inspect the juvenile court records shall provide |
| |||||||
| |||||||
1 | actual notice to the minor or the minor's parent or legal | ||||||
2 | guardian, and the matter shall be referred to the chief | ||||||
3 | judge presiding over matters pursuant to this Act. | ||||||
4 | (0.3) In determining whether records should be made | ||||||
5 | available for inspection and whether inspection should be | ||||||
6 | limited to certain parts of the file, the court shall | ||||||
7 | consider the minor's interest in confidentiality and | ||||||
8 | rehabilitation over the requesting party's interest in | ||||||
9 | obtaining the information. The State's Attorney, the | ||||||
10 | minor, and the minor's parents, guardian, and counsel shall | ||||||
11 | at all times have the right to examine court files and | ||||||
12 | records. | ||||||
13 | (0.4) Any records obtained in violation of this | ||||||
14 | subsection (C) shall not be admissible in any criminal or | ||||||
15 | civil proceeding, or operate to disqualify a minor from | ||||||
16 | subsequently holding public office, or operate as a | ||||||
17 | forfeiture of any public benefit, right, privilege, or | ||||||
18 | right to receive any license granted by public authority.
| ||||||
19 | (1) The
court shall allow the general public to have | ||||||
20 | access to the name, address, and offense of a minor
who is | ||||||
21 | adjudicated a delinquent minor under this Act under either | ||||||
22 | of the
following circumstances:
| ||||||
23 | (A) The
adjudication of
delinquency was based upon | ||||||
24 | the
minor's
commission of first degree murder, attempt | ||||||
25 | to commit first degree
murder, aggravated criminal | ||||||
26 | sexual assault, or criminal sexual assault; or
|
| |||||||
| |||||||
1 | (B) The court has made a finding that the minor was | ||||||
2 | at least 13 years of
age
at the time the act was | ||||||
3 | committed and the adjudication of delinquency was | ||||||
4 | based
upon the minor's commission of: (i)
an act in | ||||||
5 | furtherance of the commission of a felony as a member | ||||||
6 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
7 | involving the use of a firearm in the commission of a
| ||||||
8 | felony, (iii) an act that would be a Class X felony | ||||||
9 | offense
under or
the minor's second or subsequent
Class | ||||||
10 | 2 or greater felony offense under the Cannabis Control | ||||||
11 | Act if committed by an adult,
(iv) an act that would be | ||||||
12 | a second or subsequent offense under Section 402 of
the | ||||||
13 | Illinois Controlled Substances Act if committed by an | ||||||
14 | adult, (v) an act
that would be an offense under | ||||||
15 | Section 401 of the Illinois Controlled
Substances Act | ||||||
16 | if committed by an adult, (vi) an act that would be a | ||||||
17 | second or subsequent offense under Section 60 of the | ||||||
18 | Methamphetamine Control and Community Protection Act, | ||||||
19 | or (vii) an act that would be an offense under another | ||||||
20 | Section of the Methamphetamine Control and Community | ||||||
21 | Protection Act.
| ||||||
22 | (2) The court
shall allow the general public to have | ||||||
23 | access to the name, address, and offense of a minor who is | ||||||
24 | at least 13 years of age at
the time the offense
is | ||||||
25 | committed and who is convicted, in criminal proceedings
| ||||||
26 | permitted or required under Section 5-805 5-4 , under either |
| |||||||
| |||||||
1 | of the following
circumstances:
| ||||||
2 | (A) The minor has been convicted of first degree | ||||||
3 | murder, attempt
to commit first degree
murder, | ||||||
4 | aggravated criminal sexual
assault, or criminal sexual | ||||||
5 | assault,
| ||||||
6 | (B) The court has made a finding that the minor was | ||||||
7 | at least 13 years
of age
at the time the offense was | ||||||
8 | committed and the conviction was based upon the
minor's | ||||||
9 | commission of: (i)
an offense in
furtherance of the | ||||||
10 | commission of a felony as a member of or on behalf of a
| ||||||
11 | criminal street gang, (ii) an offense
involving the use | ||||||
12 | of a firearm in the commission of a felony, (iii)
a | ||||||
13 | Class X felony offense under or a second or subsequent | ||||||
14 | Class 2 or
greater felony offense under the Cannabis | ||||||
15 | Control Act, (iv) a
second or subsequent offense under | ||||||
16 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
17 | (v) an offense under Section 401 of the Illinois
| ||||||
18 | Controlled Substances Act, (vi) an act that would be a | ||||||
19 | second or subsequent offense under Section 60 of the | ||||||
20 | Methamphetamine Control and Community Protection Act, | ||||||
21 | or (vii) an act that would be an offense under another | ||||||
22 | Section of the Methamphetamine Control and Community | ||||||
23 | Protection Act.
| ||||||
24 | (D) Pending or following any adjudication of delinquency | ||||||
25 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
26 | 12-13 through 12-16 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
2 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
3 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
4 | juvenile who is the subject of the adjudication, | ||||||
5 | notwithstanding any other
provision of this Act, shall be | ||||||
6 | treated
as an adult for the purpose of affording such rights to | ||||||
7 | the victim.
| ||||||
8 | (E) Nothing in this Section shall affect the right of a | ||||||
9 | Civil Service
Commission or appointing authority of any state, | ||||||
10 | county or municipality
examining the character and fitness of
| ||||||
11 | an applicant for employment with a law enforcement
agency, | ||||||
12 | correctional institution, or fire department to
ascertain
| ||||||
13 | whether that applicant was ever adjudicated to be a delinquent | ||||||
14 | minor and,
if so, to examine the records of disposition or | ||||||
15 | evidence which were made in
proceedings under this Act.
| ||||||
16 | (F) Following any adjudication of delinquency for a crime | ||||||
17 | which would be
a felony if committed by an adult, or following | ||||||
18 | any adjudication of delinquency
for a violation of Section | ||||||
19 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
21 | whether the minor respondent is enrolled in school and, if so, | ||||||
22 | shall provide
a copy of the dispositional order to the | ||||||
23 | principal or chief administrative
officer of the school. Access | ||||||
24 | to such juvenile records shall be limited
to the principal or | ||||||
25 | chief administrative officer of the school and any guidance
| ||||||
26 | counselor designated by him.
|
| |||||||
| |||||||
1 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
2 | disclosure of information or records relating or pertaining to | ||||||
3 | juveniles
subject to the provisions of the Serious Habitual | ||||||
4 | Offender Comprehensive
Action Program when that information is | ||||||
5 | used to assist in the early
identification and treatment of | ||||||
6 | habitual juvenile offenders.
| ||||||
7 | (H) When a Court hearing a proceeding under Article II of | ||||||
8 | this Act becomes
aware that an earlier proceeding under Article | ||||||
9 | II had been heard in a different
county, that Court shall | ||||||
10 | request, and the Court in which the earlier
proceedings were | ||||||
11 | initiated shall transmit, an authenticated copy of the Court
| ||||||
12 | record, including all documents, petitions, and orders filed | ||||||
13 | therein and the
minute orders, transcript of proceedings, and | ||||||
14 | docket entries of the Court.
| ||||||
15 | (I) The Clerk of the Circuit Court shall report to the | ||||||
16 | Department of
State
Police, in the form and manner required by | ||||||
17 | the Department of State Police, the
final disposition of each | ||||||
18 | minor who has been arrested or taken into custody
before his or | ||||||
19 | her 18th birthday for those offenses required to be reported
| ||||||
20 | under Section 5 of the Criminal Identification Act. Information | ||||||
21 | reported to
the Department under this Section may be maintained | ||||||
22 | with records that the
Department files under Section 2.1 of the | ||||||
23 | Criminal Identification Act.
| ||||||
24 | (J) The changes made to this Section by Public Act 98-61 | ||||||
25 | apply to law enforcement records of a minor who has been | ||||||
26 | arrested or taken into custody on or after January 1, 2014 (the |
| |||||||
| |||||||
1 | effective date of Public Act 98-61). | ||||||
2 | (Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
3 | 98-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. | ||||||
4 | 7-16-14.)
| ||||||
5 | (705 ILCS 405/5-120)
| ||||||
6 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
7 | instituted under the provisions of this Article concerning
any | ||||||
8 | minor who prior to his or her 18th birthday has violated or | ||||||
9 | attempted to violate, regardless of where the act occurred, any | ||||||
10 | federal, State, county or municipal law or ordinance. Except as | ||||||
11 | provided in Sections 5-125, 5-130,
5-805, and 5-810 of this | ||||||
12 | Article, no minor who was under 18 years of age at the
time of | ||||||
13 | the alleged offense may be prosecuted under the criminal laws | ||||||
14 | of this
State.
| ||||||
15 | The changes made to this Section by this amendatory Act of | ||||||
16 | the 98th General Assembly apply to violations or attempted | ||||||
17 | violations committed on or after the effective date of this | ||||||
18 | amendatory Act. | ||||||
19 | (Source: P.A. 98-61, eff. 1-1-14.)
| ||||||
20 | (705 ILCS 405/5-407)
| ||||||
21 | Sec. 5-407. Processing of juvenile in possession of a | ||||||
22 | firearm.
| ||||||
23 | (a) If a law enforcement officer detains a minor pursuant | ||||||
24 | to Section
10-27.1A of the
School Code, the officer shall |
| |||||||
| |||||||
1 | deliver the minor to the nearest juvenile
officer, in the | ||||||
2 | manner
prescribed by subsection (2) of Section 5-405 of this | ||||||
3 | Act. The juvenile
officer shall deliver the
minor without | ||||||
4 | unnecessary delay to the court or to the place designated by | ||||||
5 | rule
or order of court
for the reception of minors. In no event | ||||||
6 | shall the minor be eligible for any
other disposition by
the | ||||||
7 | juvenile police officer, notwithstanding the provisions of | ||||||
8 | subsection (3)
of Section 5-405 of
this Act.
| ||||||
9 | (b) Minors not excluded from this Act's jurisdiction under | ||||||
10 | subsection (3)(a)
of Section 5-130 of this Act shall be brought | ||||||
11 | before a judicial officer within
40 hours,
exclusive of | ||||||
12 | Saturdays,
Sundays, and court-designated holidays, for a | ||||||
13 | detention hearing to determine
whether he or she
shall be | ||||||
14 | further held in custody. If the court finds that there is | ||||||
15 | probable
cause to believe that the
minor is a delinquent minor | ||||||
16 | by virtue of his or her violation of item (4) of
subsection (a) | ||||||
17 | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012
while on school grounds, that finding shall create | ||||||
19 | a presumption that immediate
and urgent necessity exists under
| ||||||
20 | subdivision (2) of Section 5-501 of this Act. Once the | ||||||
21 | presumption of
immediate and urgent necessity has been raised, | ||||||
22 | the burden of demonstrating the
lack of immediate and urgent | ||||||
23 | necessity shall be on any party that is opposing
detention for | ||||||
24 | the minor. Should the court order detention pursuant to this
| ||||||
25 | Section, the minor
shall be detained, pending the results of a | ||||||
26 | court-ordered
psychological
evaluation to determine if the |
| |||||||
| |||||||
1 | minor is a risk to himself, herself, or others.
Upon receipt of | ||||||
2 | the
psychological evaluation, the court shall review the | ||||||
3 | determination regarding
the existence of
urgent and immediate | ||||||
4 | necessity. The court shall consider the psychological
| ||||||
5 | evaluation in
conjunction with the other factors identified in | ||||||
6 | subdivision (2) of Section
5-501 of this Act in
order to make a | ||||||
7 | de novo determination regarding whether it is a matter of
| ||||||
8 | immediate and urgent
necessity for the protection of the minor | ||||||
9 | or of the person or property of
another that the minor be
| ||||||
10 | detained or placed in a shelter care facility. In addition to | ||||||
11 | the pre-trial
conditions found in
Section 5-505 of this Act, | ||||||
12 | the court may order the minor to receive counseling
and any | ||||||
13 | other
services recommended by the psychological evaluation as a | ||||||
14 | condition for release
of the minor.
| ||||||
15 | (c) Upon making a determination that the student presents a | ||||||
16 | risk to himself,
herself, or
others, the court shall issue an | ||||||
17 | order restraining the student from entering
the property of the
| ||||||
18 | school if he or she has been suspended or expelled from the | ||||||
19 | school as a result
of possessing a
firearm. The order shall | ||||||
20 | restrain the student from entering the school and
school
owned | ||||||
21 | or leased
property, including any conveyance owned, leased, or | ||||||
22 | contracted by the school
to transport
students to or from | ||||||
23 | school or a school-related activity. The order shall
remain in | ||||||
24 | effect until such
time as the court determines that the student | ||||||
25 | no longer presents a risk to
himself, herself, or
others.
| ||||||
26 | (d) Psychological evaluations ordered pursuant to |
| |||||||
| |||||||
1 | subsection (b) of this
Section and
statements made by the minor | ||||||
2 | during the course of these evaluations, shall not
be admissible | ||||||
3 | on
the issue of delinquency during the course of any | ||||||
4 | adjudicatory hearing held
under this Act.
| ||||||
5 | (e) In this Section:
| ||||||
6 | "School" means any public or
private
elementary or | ||||||
7 | secondary school.
| ||||||
8 | "School grounds" includes the real
property comprising
any | ||||||
9 | school, any conveyance owned, leased, or contracted by a school | ||||||
10 | to
transport students to or
from school or a school-related | ||||||
11 | activity, or any public way within 1,000
feet of the real
| ||||||
12 | property comprising any school.
| ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
14 | (705 ILCS 405/5-805)
| ||||||
15 | Sec. 5-805. Transfer of jurisdiction.
| ||||||
16 | (1) (Blank) Mandatory transfers .
| ||||||
17 | (a) If a petition alleges commission by a minor 15 | ||||||
18 | years of age or older
of an act that constitutes a forcible | ||||||
19 | felony under the laws of this State, and
if a motion by the | ||||||
20 | State's Attorney to prosecute the minor under the criminal
| ||||||
21 | laws of Illinois for the alleged forcible felony alleges | ||||||
22 | that (i) the minor has
previously been adjudicated | ||||||
23 | delinquent or found guilty for commission of an act
that | ||||||
24 | constitutes a felony under the laws of this State or any | ||||||
25 | other state and
(ii) the act that constitutes the offense |
| |||||||
| |||||||
1 | was committed in furtherance of
criminal activity by an | ||||||
2 | organized gang, the Juvenile Judge assigned to hear and
| ||||||
3 | determine those motions shall, upon determining that there | ||||||
4 | is probable cause
that both allegations are true, enter an | ||||||
5 | order permitting prosecution under the
criminal laws of | ||||||
6 | Illinois.
| ||||||
7 | (b) If a petition alleges commission by a minor 15 | ||||||
8 | years of age or older
of an act that constitutes a felony | ||||||
9 | under the laws of this State, and if a
motion by a State's | ||||||
10 | Attorney to prosecute the minor under the criminal laws of
| ||||||
11 | Illinois for the alleged felony alleges that (i) the minor | ||||||
12 | has previously been
adjudicated delinquent or found guilty | ||||||
13 | for commission of an act that
constitutes a forcible
felony | ||||||
14 | under the laws of this State or any other state and (ii) | ||||||
15 | the act that
constitutes the offense was committed in | ||||||
16 | furtherance of criminal activities by
an organized gang, | ||||||
17 | the Juvenile Judge assigned to hear and determine those
| ||||||
18 | motions shall, upon determining that there is probable | ||||||
19 | cause that both
allegations are true, enter an order | ||||||
20 | permitting prosecution under the criminal
laws of | ||||||
21 | Illinois.
| ||||||
22 | (c) If a petition alleges commission by a minor 15 | ||||||
23 | years of age or older
of: (i) an act that constitutes an | ||||||
24 | offense enumerated in the presumptive
transfer provisions | ||||||
25 | of subsection (2); and (ii) the minor has previously been
| ||||||
26 | adjudicated delinquent or found guilty of a forcible |
| |||||||
| |||||||
1 | felony, the Juvenile Judge
designated to hear and determine | ||||||
2 | those motions shall, upon determining that
there is | ||||||
3 | probable cause that both allegations are true, enter an | ||||||
4 | order
permitting prosecution under the criminal laws of | ||||||
5 | Illinois.
| ||||||
6 | (d) If a petition alleges commission by a minor 15 | ||||||
7 | years of age or older
of an act that constitutes the | ||||||
8 | offense of aggravated discharge of a firearm
committed in a | ||||||
9 | school, on the real property comprising a school, within | ||||||
10 | 1,000
feet of the real property comprising a school, at a | ||||||
11 | school related activity, or
on, boarding, or departing from | ||||||
12 | any conveyance owned, leased, or contracted by
a school or | ||||||
13 | school district to transport students to or from school or | ||||||
14 | a school
related activity, regardless of the time of day or | ||||||
15 | the time of year, the
juvenile judge designated to hear and | ||||||
16 | determine those motions shall, upon
determining that there | ||||||
17 | is probable cause that the allegations are true, enter
an | ||||||
18 | order permitting prosecution under the criminal laws of | ||||||
19 | Illinois.
| ||||||
20 | For purposes of this paragraph (d) of subsection (1):
| ||||||
21 | "School" means a public or private
elementary or | ||||||
22 | secondary school, community college, college, or | ||||||
23 | university.
| ||||||
24 | "School related activity" means any sporting, social, | ||||||
25 | academic, or other
activity for which students' attendance | ||||||
26 | or participation is sponsored,
organized, or funded in |
| |||||||
| |||||||
1 | whole or in part by a school or school district.
| ||||||
2 | (2) (Blank) Presumptive transfer .
| ||||||
3 | (a) If the State's Attorney files a petition, at any | ||||||
4 | time prior to
commencement of the minor's trial, to permit | ||||||
5 | prosecution under the criminal
laws and the petition | ||||||
6 | alleges the commission by a minor 15 years of age or
older
| ||||||
7 | of: (i) a Class X felony other than armed violence; (ii) | ||||||
8 | aggravated discharge
of a firearm; (iii) armed violence | ||||||
9 | with a firearm when the predicate offense
is a Class 1 or | ||||||
10 | Class 2 felony and the State's Attorney's motion to | ||||||
11 | transfer
the case alleges that the offense committed is in | ||||||
12 | furtherance of the criminal
activities of an organized | ||||||
13 | gang; (iv) armed violence with a firearm when the
predicate | ||||||
14 | offense is a violation of the Illinois Controlled | ||||||
15 | Substances Act, a violation of the Cannabis Control Act, or | ||||||
16 | a violation of the Methamphetamine Control and Community | ||||||
17 | Protection Act; (v) armed violence when the
weapon involved | ||||||
18 | was a machine gun or other weapon described in subsection
| ||||||
19 | (a)(7) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012; (vi) an act in violation of Section | ||||||
21 | 401 of the Illinois Controlled Substances Act which is a | ||||||
22 | Class X felony, while in a school, regardless of the time | ||||||
23 | of day or the time of year, or on any conveyance owned, | ||||||
24 | leased, or contracted by a school to transport students to | ||||||
25 | or from school or a school related activity, or on | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered site or mixed-income development; or | ||||||
3 | (vii) an act in violation of Section 401 of the Illinois | ||||||
4 | Controlled Substances Act and the offense is alleged to | ||||||
5 | have occurred while in a school or on a public way within | ||||||
6 | 1,000 feet of the real property comprising any school, | ||||||
7 | regardless of the time of day or the time of year when the | ||||||
8 | delivery or intended delivery of any amount of the | ||||||
9 | controlled substance is to a person under 17 years of age, | ||||||
10 | (to qualify for a presumptive transfer under paragraph (vi) | ||||||
11 | or (vii) of this clause (2)(a), the violation cannot be | ||||||
12 | based upon subsection (b) of Section 407 of the Illinois | ||||||
13 | Controlled Substances Act) and, if the juvenile judge
| ||||||
14 | assigned to hear and determine motions to transfer a case | ||||||
15 | for prosecution in
the criminal court determines that there | ||||||
16 | is probable cause to believe that the
allegations in the | ||||||
17 | petition and motion are true, there is a rebuttable
| ||||||
18 | presumption that the minor is not a fit and proper subject | ||||||
19 | to be dealt with
under the Juvenile Justice Reform | ||||||
20 | Provisions of 1998 (Public Act 90-590),
and that, except as | ||||||
21 | provided in paragraph (b), the case should be transferred
| ||||||
22 | to the criminal court.
| ||||||
23 | (b) The judge shall enter an order permitting | ||||||
24 | prosecution under the
criminal laws of Illinois unless the | ||||||
25 | judge makes a finding based on clear and
convincing | ||||||
26 | evidence that the minor would be amenable to the care, |
| |||||||
| |||||||
1 | treatment,
and training programs available through the | ||||||
2 | facilities of the juvenile court
based on an evaluation of | ||||||
3 | the following:
| ||||||
4 | (i) the age of the minor;
| ||||||
5 | (ii) the history of the minor, including:
| ||||||
6 | (A) any previous delinquent or criminal | ||||||
7 | history of the minor, | ||||||
8 | (B) any previous abuse or neglect history of | ||||||
9 | the minor, and
| ||||||
10 | (C) any mental health, physical or educational | ||||||
11 | history of the minor or combination of these | ||||||
12 | factors;
| ||||||
13 | (iii) the circumstances of the offense, including:
| ||||||
14 | (A) the seriousness of the offense,
| ||||||
15 | (B) whether the minor is charged through | ||||||
16 | accountability,
| ||||||
17 | (C) whether there is evidence the offense was | ||||||
18 | committed in an aggressive and premeditated | ||||||
19 | manner,
| ||||||
20 | (D) whether there is evidence the offense | ||||||
21 | caused serious bodily harm,
| ||||||
22 | (E) whether there is evidence the minor | ||||||
23 | possessed a deadly weapon;
| ||||||
24 | (iv) the advantages of treatment within the | ||||||
25 | juvenile justice system including whether there are | ||||||
26 | facilities or programs, or both, particularly |
| |||||||
| |||||||
1 | available in the juvenile system; | ||||||
2 | (v) whether the security of the public requires | ||||||
3 | sentencing under Chapter V of the Unified Code of | ||||||
4 | Corrections:
| ||||||
5 | (A) the minor's history of services, including | ||||||
6 | the minor's willingness to participate | ||||||
7 | meaningfully in available services;
| ||||||
8 | (B) whether there is a reasonable likelihood | ||||||
9 | that the minor can be rehabilitated before the | ||||||
10 | expiration of the juvenile court's jurisdiction;
| ||||||
11 | (C) the adequacy of the punishment or | ||||||
12 | services.
| ||||||
13 | In considering these factors, the court shall give | ||||||
14 | greater
weight to the seriousness of the alleged offense | ||||||
15 | and the minor's prior record
of delinquency than to the | ||||||
16 | other factors listed in this subsection.
| ||||||
17 | For purposes of clauses (2)(a)(vi) and (vii): | ||||||
18 | "School" means a public or private elementary or secondary | ||||||
19 | school, community college, college, or university. | ||||||
20 | "School related activity" means any sporting, social, | ||||||
21 | academic, or other activity for which students' attendance or | ||||||
22 | participation is sponsored, organized, or funded in whole or in | ||||||
23 | part by a school or school district.
| ||||||
24 | (3) Discretionary transfer.
| ||||||
25 | (a) If a petition alleges commission by a minor 13 | ||||||
26 | years of age or over of
an act that constitutes a crime |
| |||||||
| |||||||
1 | under the laws of this State and, on motion of
the State's | ||||||
2 | Attorney to permit prosecution of the minor under the | ||||||
3 | criminal
laws, a Juvenile Judge assigned by the Chief Judge | ||||||
4 | of the Circuit to hear and
determine those motions, after | ||||||
5 | hearing but before commencement of the
trial, finds that | ||||||
6 | there is probable cause to believe that the
allegations in | ||||||
7 | the motion are true and that it is not in the best | ||||||
8 | interests
of the public to proceed under this Act, the | ||||||
9 | court may enter an
order permitting prosecution under the | ||||||
10 | criminal laws.
| ||||||
11 | (b) In making its determination on the motion to permit | ||||||
12 | prosecution under
the criminal laws, the court shall | ||||||
13 | consider among other matters:
| ||||||
14 | (i) the age of the minor;
| ||||||
15 | (ii) the history of the minor, including:
| ||||||
16 | (A) any previous delinquent or criminal | ||||||
17 | history of the minor,
| ||||||
18 | (B) any previous abuse or neglect history of | ||||||
19 | the minor, and
| ||||||
20 | (C) any mental health, physical, or | ||||||
21 | educational history of the minor or combination of | ||||||
22 | these factors;
| ||||||
23 | (iii) the circumstances of the offense, including:
| ||||||
24 | (A) the seriousness of the offense,
| ||||||
25 | (B) whether the minor is charged through | ||||||
26 | accountability,
|
| |||||||
| |||||||
1 | (C) whether there is evidence the offense was | ||||||
2 | committed in an aggressive and premeditated | ||||||
3 | manner,
| ||||||
4 | (D) whether there is evidence the offense | ||||||
5 | caused serious bodily harm,
| ||||||
6 | (E) whether there is evidence the minor | ||||||
7 | possessed a deadly weapon;
| ||||||
8 | (iv) the advantages of treatment within the | ||||||
9 | juvenile justice system including whether there are | ||||||
10 | facilities or programs, or both, particularly | ||||||
11 | available in the juvenile system;
| ||||||
12 | (v) whether the security of the public requires | ||||||
13 | sentencing under Chapter V of the Unified Code of | ||||||
14 | Corrections:
| ||||||
15 | (A) the minor's history of services, including | ||||||
16 | the minor's willingness to participate | ||||||
17 | meaningfully in available services;
| ||||||
18 | (B) whether there is a reasonable likelihood | ||||||
19 | that the minor can be rehabilitated before the | ||||||
20 | expiration of the juvenile court's jurisdiction;
| ||||||
21 | (C) the adequacy of the punishment or | ||||||
22 | services.
| ||||||
23 | In considering these factors, the court shall give | ||||||
24 | greater
weight to the seriousness of the alleged offense | ||||||
25 | and the minor's prior record
of delinquency than to the | ||||||
26 | other factors listed in this subsection.
|
| |||||||
| |||||||
1 | (4) The rules of evidence for this hearing shall be the | ||||||
2 | same as under
Section 5-705 of this Act. A minor must be | ||||||
3 | represented in court by counsel
before the hearing may be | ||||||
4 | commenced.
| ||||||
5 | (5) If criminal proceedings are instituted, the petition | ||||||
6 | for adjudication
of wardship shall be dismissed insofar as the | ||||||
7 | act or acts involved in the
criminal proceedings. Taking of | ||||||
8 | evidence in a trial on petition for
adjudication of wardship is | ||||||
9 | a bar to criminal proceedings based upon the
conduct alleged in | ||||||
10 | the petition.
| ||||||
11 | (6) The changes made to this Section by this amendatory Act | ||||||
12 | of the 99th General Assembly apply to a minor who has been | ||||||
13 | arrested or taken into custody on or after the effective date | ||||||
14 | of this amendatory Act. | ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
16 | (705 ILCS 405/5-901)
| ||||||
17 | Sec. 5-901. Court file.
| ||||||
18 | (1) The Court file with respect to proceedings under this
| ||||||
19 | Article shall consist of the petitions, pleadings, victim | ||||||
20 | impact statements,
process,
service of process, orders, writs | ||||||
21 | and docket entries reflecting hearings held
and judgments and | ||||||
22 | decrees entered by the court. The court file shall be
kept | ||||||
23 | separate from other records of the court.
| ||||||
24 | (a) The file, including information identifying the | ||||||
25 | victim or alleged
victim of any sex
offense, shall be |
| |||||||
| |||||||
1 | disclosed only to the following parties when necessary for
| ||||||
2 | discharge of their official duties:
| ||||||
3 | (i) A judge of the circuit court and members of the | ||||||
4 | staff of the court
designated by the judge;
| ||||||
5 | (ii) Parties to the proceedings and their | ||||||
6 | attorneys;
| ||||||
7 | (iii) Victims and their attorneys, except in cases | ||||||
8 | of multiple victims
of
sex offenses in which case the | ||||||
9 | information identifying the nonrequesting
victims | ||||||
10 | shall be redacted;
| ||||||
11 | (iv) Probation officers, law enforcement officers | ||||||
12 | or prosecutors or
their
staff;
| ||||||
13 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
14 | (b) The Court file redacted to remove any information | ||||||
15 | identifying the
victim or alleged victim of any sex offense | ||||||
16 | shall be disclosed only to the
following parties when | ||||||
17 | necessary for discharge of their official duties:
| ||||||
18 | (i) Authorized military personnel;
| ||||||
19 | (ii) Persons engaged in bona fide research, with | ||||||
20 | the permission of the
judge of the juvenile court and | ||||||
21 | the chief executive of the agency that prepared
the
| ||||||
22 | particular recording: provided that publication of | ||||||
23 | such research results in no
disclosure of a minor's | ||||||
24 | identity and protects the confidentiality of the
| ||||||
25 | record;
| ||||||
26 | (iii) The Secretary of State to whom the Clerk of |
| |||||||
| |||||||
1 | the Court shall report
the disposition of all cases, as | ||||||
2 | required in Section 6-204 or Section 6-205.1
of the | ||||||
3 | Illinois
Vehicle Code. However, information reported | ||||||
4 | relative to these offenses shall
be privileged and | ||||||
5 | available only to the Secretary of State, courts, and | ||||||
6 | police
officers;
| ||||||
7 | (iv) The administrator of a bonafide substance | ||||||
8 | abuse student
assistance program with the permission | ||||||
9 | of the presiding judge of the
juvenile court;
| ||||||
10 | (v) Any individual, or any public or private agency | ||||||
11 | or institution,
having
custody of the juvenile under | ||||||
12 | court order or providing educational, medical or
| ||||||
13 | mental health services to the juvenile or a | ||||||
14 | court-approved advocate for the
juvenile or any | ||||||
15 | placement provider or potential placement provider as
| ||||||
16 | determined by the court.
| ||||||
17 | (3) A minor who is the victim or alleged victim in a | ||||||
18 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
19 | regarding disclosure of identity as the
minor who is the | ||||||
20 | subject of record.
Information identifying victims and alleged | ||||||
21 | victims of sex offenses,
shall not be disclosed or open to | ||||||
22 | public inspection under any circumstances.
Nothing in this | ||||||
23 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
24 | offense from voluntarily disclosing his or her identity.
| ||||||
25 | (4) Relevant information, reports and records shall be made | ||||||
26 | available to the
Department of
Juvenile Justice when a juvenile |
| |||||||
| |||||||
1 | offender has been placed in the custody of the
Department of | ||||||
2 | Juvenile Justice.
| ||||||
3 | (5) Except as otherwise provided in this subsection (5), | ||||||
4 | juvenile court
records shall not be made available to the | ||||||
5 | general public
but may be inspected by representatives of | ||||||
6 | agencies, associations and news
media or other properly | ||||||
7 | interested persons by general or special order of
the court. | ||||||
8 | The State's Attorney, the minor, his or her parents, guardian | ||||||
9 | and
counsel
shall at all times have the right to examine court | ||||||
10 | files and records.
| ||||||
11 | (a) The
court shall allow the general public to have | ||||||
12 | access to the name, address, and
offense of a minor
who is | ||||||
13 | adjudicated a delinquent minor under this Act under either | ||||||
14 | of the
following circumstances:
| ||||||
15 | (i) The
adjudication of
delinquency was based upon | ||||||
16 | the
minor's
commission of first degree murder, attempt | ||||||
17 | to commit first degree
murder, aggravated criminal | ||||||
18 | sexual assault, or criminal sexual assault; or
| ||||||
19 | (ii) The court has made a finding that the minor | ||||||
20 | was at least 13 years
of
age
at the time the act was | ||||||
21 | committed and the adjudication of delinquency was | ||||||
22 | based
upon the minor's commission of: (A)
an act in | ||||||
23 | furtherance of the commission of a felony as a member | ||||||
24 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
25 | involving the use of a firearm in the commission of a
| ||||||
26 | felony, (C) an act that would be a Class X felony |
| |||||||
| |||||||
1 | offense
under or
the minor's second or subsequent
Class | ||||||
2 | 2 or greater felony offense under the Cannabis Control | ||||||
3 | Act if committed
by an adult,
(D) an act that would be | ||||||
4 | a second or subsequent offense under Section 402 of
the | ||||||
5 | Illinois Controlled Substances Act if committed by an | ||||||
6 | adult, (E) an act
that would be an offense under | ||||||
7 | Section 401 of the Illinois Controlled
Substances Act | ||||||
8 | if committed by an adult, or (F) an act that would be | ||||||
9 | an offense under the Methamphetamine Control and | ||||||
10 | Community Protection Act if committed by an adult.
| ||||||
11 | (b) The court
shall allow the general public to have | ||||||
12 | access to the name, address, and offense
of a minor who is | ||||||
13 | at least 13 years of age at
the time the offense
is | ||||||
14 | committed and who is convicted, in criminal proceedings
| ||||||
15 | permitted or required under Section 5-805, under either of
| ||||||
16 | the following
circumstances:
| ||||||
17 | (i) The minor has been convicted of first degree | ||||||
18 | murder, attempt
to commit first degree
murder, | ||||||
19 | aggravated criminal sexual
assault, or criminal sexual | ||||||
20 | assault,
| ||||||
21 | (ii) The court has made a finding that the minor | ||||||
22 | was at least 13 years
of age
at the time the offense | ||||||
23 | was committed and the conviction was based upon the
| ||||||
24 | minor's commission of: (A)
an offense in
furtherance of | ||||||
25 | the commission of a felony as a member of or on behalf | ||||||
26 | of a
criminal street gang, (B) an offense
involving the |
| |||||||
| |||||||
1 | use of a firearm in the commission of a felony, (C)
a | ||||||
2 | Class X felony offense under the Cannabis Control Act | ||||||
3 | or a second or
subsequent Class 2 or
greater felony | ||||||
4 | offense under the Cannabis Control Act, (D) a
second or | ||||||
5 | subsequent offense under Section 402 of the Illinois
| ||||||
6 | Controlled Substances Act, (E) an offense under | ||||||
7 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
8 | or (F) an offense under the Methamphetamine Control and | ||||||
9 | Community Protection Act.
| ||||||
10 | (6) Nothing in this Section shall be construed to limit the | ||||||
11 | use of a
adjudication of delinquency as
evidence in any | ||||||
12 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
13 | admissible under the rules of evidence, including but not | ||||||
14 | limited to, use as
impeachment evidence against any witness, | ||||||
15 | including the minor if he or she
testifies.
| ||||||
16 | (7) Nothing in this Section shall affect the right of a | ||||||
17 | Civil Service
Commission or appointing authority examining the | ||||||
18 | character and fitness of
an applicant for a position as a law | ||||||
19 | enforcement officer to ascertain
whether that applicant was | ||||||
20 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
21 | examine the records or evidence which were made in
proceedings | ||||||
22 | under this Act.
| ||||||
23 | (8) Following any adjudication of delinquency for a crime | ||||||
24 | which would be
a felony if committed by an adult, or following | ||||||
25 | any adjudication of delinquency
for a violation of Section | ||||||
26 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
2 | whether the minor respondent is enrolled in school and, if so, | ||||||
3 | shall provide
a copy of the sentencing order to the principal | ||||||
4 | or chief administrative
officer of the school. Access to such | ||||||
5 | juvenile records shall be limited
to the principal or chief | ||||||
6 | administrative officer of the school and any guidance
counselor | ||||||
7 | designated by him or her.
| ||||||
8 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
9 | disclosure of information or records relating or pertaining to | ||||||
10 | juveniles
subject to the provisions of the Serious Habitual | ||||||
11 | Offender Comprehensive
Action Program when that information is | ||||||
12 | used to assist in the early
identification and treatment of | ||||||
13 | habitual juvenile offenders.
| ||||||
14 | (11) The Clerk of the Circuit Court shall report to the | ||||||
15 | Department of
State
Police, in the form and manner required by | ||||||
16 | the Department of State Police, the
final disposition of each | ||||||
17 | minor who has been arrested or taken into custody
before his or | ||||||
18 | her 18th birthday for those offenses required to be reported
| ||||||
19 | under Section 5 of the Criminal Identification Act. Information | ||||||
20 | reported to
the Department under this Section may be maintained | ||||||
21 | with records that the
Department files under Section 2.1 of the | ||||||
22 | Criminal Identification Act.
| ||||||
23 | (12) Information or records may be disclosed to the general | ||||||
24 | public when the
court is conducting hearings under Section | ||||||
25 | 5-805 or 5-810.
| ||||||
26 | (13) The changes made to this Section by Public Act 98-61 |
| |||||||
| |||||||
1 | apply to juvenile court records of a minor who has been | ||||||
2 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
3 | effective date of Public Act 98-61). | ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
5 | 98-756, eff. 7-16-14.)
| ||||||
6 | (705 ILCS 405/5-905)
| ||||||
7 | Sec. 5-905. Law enforcement records.
| ||||||
8 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
9 | enforcement records maintained by law enforcement
agencies | ||||||
10 | that relate to a minor who has been arrested or taken into | ||||||
11 | custody
before his or her 18th birthday shall be restricted to | ||||||
12 | the following and when
necessary for the discharge of their | ||||||
13 | official duties:
| ||||||
14 | (a) A judge of the circuit court and members of the | ||||||
15 | staff of the court
designated by the judge;
| ||||||
16 | (b) Law enforcement officers, probation officers or | ||||||
17 | prosecutors or their
staff, or, when necessary for the | ||||||
18 | discharge of its official duties in connection with a | ||||||
19 | particular investigation of the conduct of a law | ||||||
20 | enforcement officer, an independent agency or its staff | ||||||
21 | created by ordinance and charged by a unit of local | ||||||
22 | government with the duty of investigating the conduct of | ||||||
23 | law enforcement officers;
| ||||||
24 | (c) The minor, the minor's parents or legal guardian | ||||||
25 | and their attorneys,
but only when the juvenile has been |
| |||||||
| |||||||
1 | charged with an offense;
| ||||||
2 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
3 | (e) Authorized military personnel;
| ||||||
4 | (f) Persons engaged in bona fide research, with the | ||||||
5 | permission of the
judge of juvenile court and the chief | ||||||
6 | executive of the agency that prepared the
particular | ||||||
7 | recording: provided that publication of such research | ||||||
8 | results in no
disclosure of a minor's identity and protects | ||||||
9 | the confidentiality of the
record;
| ||||||
10 | (g) Individuals responsible for supervising or | ||||||
11 | providing temporary or
permanent care and custody of minors | ||||||
12 | pursuant to orders of the juvenile court
or directives from | ||||||
13 | officials of the Department of Children and Family
Services | ||||||
14 | or the Department of Human Services who certify in writing | ||||||
15 | that the
information will not be disclosed to any other | ||||||
16 | party except as provided under
law or order of court;
| ||||||
17 | (h) The appropriate school official only if the agency | ||||||
18 | or officer believes that there is an imminent threat of | ||||||
19 | physical harm to students, school personnel, or others who | ||||||
20 | are present in the school or on school grounds. | ||||||
21 | (A) Inspection and copying
shall be limited to law | ||||||
22 | enforcement records transmitted to the appropriate
| ||||||
23 | school official or officials whom the school has | ||||||
24 | determined to have a legitimate educational or safety | ||||||
25 | interest by a local law enforcement agency under a | ||||||
26 | reciprocal reporting
system established and maintained |
| |||||||
| |||||||
1 | between the school district and the local law
| ||||||
2 | enforcement agency under Section 10-20.14 of the | ||||||
3 | School Code concerning a minor
enrolled in a school | ||||||
4 | within the school district who has been arrested
or | ||||||
5 | taken into custody for any of the following offenses: | ||||||
6 | (i) any violation of Article 24 of the Criminal | ||||||
7 | Code of
1961 or the Criminal Code of 2012; | ||||||
8 | (ii) a violation of the Illinois Controlled | ||||||
9 | Substances Act; | ||||||
10 | (iii) a violation of the Cannabis Control Act; | ||||||
11 | (iv) a forcible felony as defined in Section | ||||||
12 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
13 | Code of 2012; | ||||||
14 | (v) a violation of the Methamphetamine Control | ||||||
15 | and Community Protection Act; | ||||||
16 | (vi) a violation of Section 1-2 of the | ||||||
17 | Harassing and Obscene Communications Act; | ||||||
18 | (vii) a violation of the Hazing Act; or | ||||||
19 | (viii) a violation of Section 12-1, 12-2, | ||||||
20 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
21 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
23 | The information derived from the law enforcement | ||||||
24 | records shall be kept separate from and shall not | ||||||
25 | become a part of the official school record of that | ||||||
26 | child and shall not be a public record. The information |
| |||||||
| |||||||
1 | shall be used solely by the appropriate school official | ||||||
2 | or officials whom the school has determined to have a | ||||||
3 | legitimate educational or safety interest to aid in the | ||||||
4 | proper rehabilitation of the child and to protect the | ||||||
5 | safety of students and employees in the school. If the | ||||||
6 | designated law enforcement and school officials deem | ||||||
7 | it to be in the best interest of the minor, the student | ||||||
8 | may be referred to in-school or community based social | ||||||
9 | services if those services are available. | ||||||
10 | "Rehabilitation services" may include interventions by | ||||||
11 | school support personnel, evaluation for eligibility | ||||||
12 | for special education, referrals to community-based | ||||||
13 | agencies such as youth services, behavioral healthcare | ||||||
14 | service providers, drug and alcohol prevention or | ||||||
15 | treatment programs, and other interventions as deemed | ||||||
16 | appropriate for the student. | ||||||
17 | (B) Any information provided to appropriate school | ||||||
18 | officials whom the school has determined to have a | ||||||
19 | legitimate educational or safety interest by local law | ||||||
20 | enforcement officials about a minor who is the subject | ||||||
21 | of a current police investigation that is directly | ||||||
22 | related to school safety shall consist of oral | ||||||
23 | information only, and not written law enforcement | ||||||
24 | records, and shall be used solely by the appropriate | ||||||
25 | school official or officials to protect the safety of | ||||||
26 | students and employees in the school and aid in the |
| |||||||
| |||||||
1 | proper rehabilitation of the child. The information | ||||||
2 | derived orally from the local law enforcement | ||||||
3 | officials shall be kept separate from and shall not | ||||||
4 | become a part of the official school record of the | ||||||
5 | child and shall not be a public record. This limitation | ||||||
6 | on the use of information about a minor who is the | ||||||
7 | subject of a current police investigation shall in no | ||||||
8 | way limit the use of this information by prosecutors in | ||||||
9 | pursuing criminal charges arising out of the | ||||||
10 | information disclosed during a police investigation of | ||||||
11 | the minor. For purposes of this paragraph, | ||||||
12 | "investigation" means an official systematic inquiry | ||||||
13 | by a law enforcement agency into actual or suspected | ||||||
14 | criminal activity;
| ||||||
15 | (i) The president of a park district. Inspection and | ||||||
16 | copying shall be limited to law enforcement records | ||||||
17 | transmitted to the president of the park district by the | ||||||
18 | Illinois State Police under Section 8-23 of the Park | ||||||
19 | District Code or Section 16a-5 of the Chicago Park District | ||||||
20 | Act concerning a person who is seeking employment with that | ||||||
21 | park district and who has been adjudicated a juvenile | ||||||
22 | delinquent for any of the offenses listed in subsection (c) | ||||||
23 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
24 | of Section 16a-5 of the Chicago Park District Act. | ||||||
25 | (2) Information identifying victims and alleged victims of | ||||||
26 | sex offenses,
shall not be disclosed or open to public |
| |||||||
| |||||||
1 | inspection under any circumstances.
Nothing in this Section | ||||||
2 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
3 | from voluntarily disclosing his or her identity.
| ||||||
4 | (2.5) If the minor is a victim of aggravated battery, | ||||||
5 | battery, attempted first degree murder, or other non-sexual | ||||||
6 | violent offense, the identity of the victim may be disclosed to | ||||||
7 | appropriate school officials, for the purpose of preventing | ||||||
8 | foreseeable future violence involving minors, by a local law | ||||||
9 | enforcement agency pursuant to an agreement established | ||||||
10 | between the school district and a local law enforcement agency | ||||||
11 | subject to the approval by the presiding judge of the juvenile | ||||||
12 | court. | ||||||
13 | (3) Relevant information, reports and records shall be made | ||||||
14 | available to the
Department of Juvenile Justice when a juvenile | ||||||
15 | offender has been placed in the
custody of the Department of | ||||||
16 | Juvenile Justice.
| ||||||
17 | (4) Nothing in this Section shall prohibit the inspection | ||||||
18 | or disclosure to
victims and witnesses of photographs contained | ||||||
19 | in the records of law
enforcement agencies when the inspection | ||||||
20 | or disclosure is conducted in the
presence of a law enforcement | ||||||
21 | officer for purposes of identification or
apprehension of any | ||||||
22 | person in the course of any criminal investigation or
| ||||||
23 | prosecution.
| ||||||
24 | (5) The records of law enforcement officers, or of an | ||||||
25 | independent agency created by ordinance and charged by a unit | ||||||
26 | of local government with the duty of investigating the conduct |
| |||||||
| |||||||
1 | of law enforcement officers, concerning all minors under
18 | ||||||
2 | years of age must be maintained separate from the records of | ||||||
3 | adults and
may not be open to public inspection or their | ||||||
4 | contents disclosed to the
public except by order of the court | ||||||
5 | or when the institution of criminal
proceedings has been | ||||||
6 | permitted under Section 5-130 or 5-805 or required
under | ||||||
7 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
8 | crime and is the
subject of
pre-sentence investigation or when | ||||||
9 | provided by law.
| ||||||
10 | (6) Except as otherwise provided in this subsection (6), | ||||||
11 | law enforcement
officers, and personnel of an independent | ||||||
12 | agency created by ordinance and charged by a unit of local | ||||||
13 | government with the duty of investigating the conduct of law | ||||||
14 | enforcement officers, may not disclose the identity of any | ||||||
15 | minor
in releasing information to the general public as to the | ||||||
16 | arrest, investigation
or disposition of any case involving a | ||||||
17 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
18 | petition the court to
disclose the name and address of the | ||||||
19 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
20 | a finding by clear and convincing evidence that the
disclosure | ||||||
21 | is either necessary for the victim to pursue a civil remedy | ||||||
22 | against
the minor or the minor's parents or legal guardian, or | ||||||
23 | both, or to protect the
victim's person or property from the | ||||||
24 | minor, then the court may order the
disclosure of the | ||||||
25 | information to the victim or to the parent or legal guardian
of | ||||||
26 | the victim only for the purpose of the victim pursuing a civil |
| |||||||
| |||||||
1 | remedy
against the minor or the minor's parents or legal | ||||||
2 | guardian, or both, or to
protect the victim's person or | ||||||
3 | property from the minor.
| ||||||
4 | (7) Nothing contained in this Section shall prohibit law | ||||||
5 | enforcement
agencies when acting in their official capacity | ||||||
6 | from communicating with each
other by letter, memorandum, | ||||||
7 | teletype or
intelligence alert bulletin or other means the | ||||||
8 | identity or other relevant
information pertaining to a person | ||||||
9 | under 18 years of age. The information
provided under this | ||||||
10 | subsection (7) shall remain confidential and shall not
be | ||||||
11 | publicly disclosed, except as otherwise allowed by law.
| ||||||
12 | (8) No person shall disclose information under this Section | ||||||
13 | except when
acting in his or her official capacity and as | ||||||
14 | provided by law or order of
court.
| ||||||
15 | (9) The changes made to this Section by Public Act 98-61 | ||||||
16 | apply to law enforcement records of a minor who has been | ||||||
17 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
18 | effective date of Public Act 98-61). | ||||||
19 | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | ||||||
20 | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-756, eff. | ||||||
21 | 7-16-14.)
| ||||||
22 | (705 ILCS 405/5-130 rep.) | ||||||
23 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
24 | repealing Section 5-130.
|
| |||||||
| |||||||
1 | Section 15. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Section 115-10.5 as follows:
| ||||||
3 | (725 ILCS 5/115-10.5)
| ||||||
4 | Sec. 115-10.5. Hearsay exception regarding safe zone | ||||||
5 | testimony.
| ||||||
6 | (a) In any prosecution for any offense charged as a | ||||||
7 | violation of Section
407 of the Illinois Controlled Substances | ||||||
8 | Act or , Section 55 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, or Section 5-130 of the Juvenile
| ||||||
10 | Court Act of 1987 the following evidence shall be admitted as | ||||||
11 | an exception to
the hearsay rule any testimony by any qualified | ||||||
12 | individual regarding the status
of any property as:
| ||||||
13 | (1) a truck stop or safety rest area, or
| ||||||
14 | (2) a school or conveyance owned, leased or contracted | ||||||
15 | by a school to
transport students to or from school, or
| ||||||
16 | (3) residential property owned, operated, and managed | ||||||
17 | by a public housing
agency, or
| ||||||
18 | (4) a public park, or
| ||||||
19 | (5) the real property comprising any church, | ||||||
20 | synagogue, or other building,
structure, or place used | ||||||
21 | primarily for religious worship, or
| ||||||
22 | (6) the real property comprising any of the following | ||||||
23 | places, buildings,
or structures used primarily for | ||||||
24 | housing or providing space for activities for
senior | ||||||
25 | citizens: nursing homes, assisted-living centers, senior |
| |||||||
| |||||||
1 | citizen housing
complexes, or senior centers oriented | ||||||
2 | toward daytime activities.
| ||||||
3 | (b) As used in this Section, "qualified individual" means | ||||||
4 | any person who
(i) lived or worked within the territorial | ||||||
5 | jurisdiction where the offense took
place when the offense took | ||||||
6 | place; and (ii) is familiar with various public
places within | ||||||
7 | the territorial jurisdiction where the offense took place when
| ||||||
8 | the offense took place.
| ||||||
9 | (c) For the purposes of this Section, "qualified | ||||||
10 | individual" includes any
peace officer, or any member of any | ||||||
11 | duly organized State, county, or municipal
peace unit, assigned | ||||||
12 | to the territorial jurisdiction where the offense took
place | ||||||
13 | when the offense took place.
| ||||||
14 | (d) This Section applies to all prosecutions pending at the | ||||||
15 | time this
amendatory Act of the 91st General Assembly takes | ||||||
16 | effect and to all
prosecutions commencing on or after its | ||||||
17 | effective date.
| ||||||
18 | (Source: P.A. 94-556, eff. 9-11-05.)
|