Bill Text: IL SB1923 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that subject to certain limitations specified in the Act, the court presiding over the juvenile court proceeding brought under the Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons. Provides that in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0552 [SB1923 Detail]

Download: Illinois-2013-SB1923-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1923 Introduced 2/15/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-8 from Ch. 37, par. 801-8
Amends the Juvenile Court Act of 1987. Provides that subject to certain limitations specified in the Act, the court presiding over the juvenile court proceeding brought under the Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons. Provides that in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Effective immediately.
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A BILL FOR
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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 Section 1-8 as follows:
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his
parents, guardian and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,

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association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, probation
officers, social workers or other individuals assigned by
the court to conduct a pre-adjudication or predisposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors pursuant to the order of the juvenile court when
essential to performing their responsibilities.
(4) Judges, prosecutors and probation officers:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805; or
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail; or

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(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 17 years of age or older,
and is the subject of criminal proceedings, including a
hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness
hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as

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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
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.

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(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. Subject to the limitations in paragraphs (0.1)
through (0.4) of this subsection (C), the court presiding over
the juvenile court proceeding brought under this Act, in its
discretion, may order that juvenile court records may be made
available in individual cases to representatives of agencies,
associations, news media, and other properly interested
persons. For purposes of obtaining documents under this
subsection (C), a civil subpoena is not an order of the court.
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

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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 and in determining whether
inspection should be limited to certain parts of the file,
the court shall consider the minor's interest in
confidentiality and rehabilitation over the moving party's
interest in obtaining the information. The State's
Attorney, the minor, and the minor's parents, guardian, and
counsel shall at all times have the right to examine court
files and records. For purposes of obtaining documents
pursuant to this Section, a civil subpoena is not an order
of the court.
(0.4) Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office, or operate as a
forfeiture of any public benefit, right, privilege, or
right to receive any license granted by public authority.
(1) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(A) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt

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to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(B) The court has made a finding that the minor was
at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (i) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (ii) an act
involving the use of a firearm in the commission of a
felony, (iii) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (iv) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (v) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, (vi) an act that would be a
second or subsequent offense under Section 60 of the
Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(2) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is

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committed and who is convicted, in criminal proceedings
permitted or required under Section 5-4, under either of
the following circumstances:
(A) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(B) The court has made a finding that the minor was
at least 13 years of age at the time the offense was
committed and the conviction was based upon the minor's
commission of: (i) an offense in furtherance of the
commission of a felony as a member of or on behalf of a
criminal street gang, (ii) an offense involving the use
of a firearm in the commission of a felony, (iii) a
Class X felony offense under or a second or subsequent
Class 2 or greater felony offense under the Cannabis
Control Act, (iv) a second or subsequent offense under
Section 402 of the Illinois Controlled Substances Act,
(v) an offense under Section 401 of the Illinois
Controlled Substances Act, (vi) an act that would be a
second or subsequent offense under Section 60 of the
Methamphetamine Control and Community Protection Act,
or (vii) an act that would be an offense under another
Section of the Methamphetamine Control and Community
Protection Act.
(D) Pending or following any adjudication of delinquency

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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
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

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chief administrative officer of the school and any guidance
counselor designated by him.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a Court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that Court shall
request, and the Court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed
therein and the minute orders, transcript of proceedings, and
docket entries of the Court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;

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97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.