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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 Section 1-8 as follows:
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| 6 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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| 7 | Sec. 1-8. Confidentiality and accessibility of juvenile | |||||||||||||||||||
| 8 | court records.
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| 9 | (A) Inspection and copying of juvenile court records | |||||||||||||||||||
| 10 | relating to a minor
who is the subject of a proceeding under | |||||||||||||||||||
| 11 | this Act shall be restricted to the
following:
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| 12 | (1) The minor who is the subject of record, his | |||||||||||||||||||
| 13 | parents, guardian
and counsel.
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| 14 | (2) Law enforcement officers and law enforcement | |||||||||||||||||||
| 15 | agencies when such
information is essential to executing an | |||||||||||||||||||
| 16 | arrest or search warrant or other
compulsory process, or to | |||||||||||||||||||
| 17 | conducting an ongoing investigation
or relating to a minor | |||||||||||||||||||
| 18 | who
has been adjudicated delinquent and there has been a | |||||||||||||||||||
| 19 | previous finding that
the act which constitutes the | |||||||||||||||||||
| 20 | previous offense was committed in furtherance
of criminal | |||||||||||||||||||
| 21 | activities by a criminal street gang.
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| 22 | Before July 1, 1994, for the purposes of this Section, | |||||||||||||||||||
| 23 | "criminal street
gang" means any ongoing
organization, | |||||||||||||||||||
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| |||||||
| 1 | association, or group of 3 or more persons, whether formal | ||||||
| 2 | or
informal, having as one of its primary activities the | ||||||
| 3 | commission of one or
more criminal acts and that has a | ||||||
| 4 | common name or common identifying sign,
symbol or specific | ||||||
| 5 | color apparel displayed, and whose members individually
or | ||||||
| 6 | collectively engage in or have engaged in a pattern of | ||||||
| 7 | criminal activity.
| ||||||
| 8 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 9 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 10 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 11 | Prevention Act.
| ||||||
| 12 | (3) Judges, hearing officers, prosecutors, probation | ||||||
| 13 | officers, social
workers or other
individuals assigned by | ||||||
| 14 | the court to conduct a pre-adjudication or
predisposition | ||||||
| 15 | investigation, and individuals responsible for supervising
| ||||||
| 16 | or providing temporary or permanent care and custody for | ||||||
| 17 | minors pursuant
to the order of the juvenile court when | ||||||
| 18 | essential to performing their
responsibilities.
| ||||||
| 19 | (4) Judges, prosecutors and probation officers:
| ||||||
| 20 | (a) in the course of a trial when institution of | ||||||
| 21 | criminal proceedings
has been permitted or required | ||||||
| 22 | under Section 5-805; or
| ||||||
| 23 | (b) when criminal proceedings have been permitted
| ||||||
| 24 | or
required under Section 5-805 and a minor is the | ||||||
| 25 | subject of a
proceeding to
determine the amount of | ||||||
| 26 | bail; or
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| |||||||
| 1 | (c) when criminal proceedings have been permitted
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| 2 | or
required under Section 5-805 and a minor is the | ||||||
| 3 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 4 | investigation or fitness hearing, or
proceedings on an | ||||||
| 5 | application for probation; or
| ||||||
| 6 | (d) when a minor becomes 17 years of age or older, | ||||||
| 7 | and is the subject
of criminal proceedings, including a | ||||||
| 8 | hearing to determine the amount of
bail, a pre-trial | ||||||
| 9 | investigation, a pre-sentence investigation, a fitness
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| 10 | hearing, or proceedings on an application for | ||||||
| 11 | probation.
| ||||||
| 12 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 13 | (6) Authorized military personnel.
| ||||||
| 14 | (7) Victims, their subrogees and legal | ||||||
| 15 | representatives; however, such
persons shall have access | ||||||
| 16 | only to the name and address of the minor and
information | ||||||
| 17 | pertaining to the disposition or alternative adjustment | ||||||
| 18 | plan
of the juvenile court.
| ||||||
| 19 | (8) Persons engaged in bona fide research, with the | ||||||
| 20 | permission of the
presiding judge of the juvenile court and | ||||||
| 21 | the chief executive of the agency
that prepared the | ||||||
| 22 | particular records; provided that publication of such
| ||||||
| 23 | research results in no disclosure of a minor's identity and | ||||||
| 24 | protects the
confidentiality of the record.
| ||||||
| 25 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 26 | Court shall report
the disposition of all cases, as | ||||||
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| 1 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| 2 | However, information reported relative to these offenses | ||||||
| 3 | shall
be privileged and available only to the Secretary of | ||||||
| 4 | State, courts, and police
officers.
| ||||||
| 5 | (10) The administrator of a bonafide substance abuse | ||||||
| 6 | student
assistance program with the permission of the | ||||||
| 7 | presiding judge of the
juvenile court.
| ||||||
| 8 | (11) Mental health professionals on behalf of the | ||||||
| 9 | Illinois Department of
Corrections or the Department of | ||||||
| 10 | Human Services or prosecutors who are
evaluating, | ||||||
| 11 | prosecuting, or investigating a potential or actual | ||||||
| 12 | petition
brought
under the Sexually Violent Persons | ||||||
| 13 | Commitment Act relating to a person who is the
subject of
| ||||||
| 14 | juvenile court records or the respondent to a petition | ||||||
| 15 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
| 16 | who is the subject of juvenile
court records
sought. Any | ||||||
| 17 | records and any information obtained from those records | ||||||
| 18 | under this
paragraph (11) may be used only in sexually | ||||||
| 19 | violent persons commitment
proceedings.
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| 20 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 21 | proceedings occurring under Article II of this Act shall be | ||||||
| 22 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
| 23 | of the Juvenile Court, to the Department of Healthcare and | ||||||
| 24 | Family Services when necessary to discharge the duties of the | ||||||
| 25 | Department of Healthcare and Family Services under Article X of | ||||||
| 26 | the Illinois Public Aid Code. | ||||||
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| 1 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 2 | shall be
provided the same confidentiality regarding | ||||||
| 3 | disclosure of identity as the
minor who is the subject of | ||||||
| 4 | record.
| ||||||
| 5 | (C) Except as otherwise provided in this subsection (C), | ||||||
| 6 | juvenile court
records shall not be made available to the | ||||||
| 7 | general public. Subject to the limitations in paragraphs (0.1) | ||||||
| 8 | through (0.4) of this subsection (C), the court presiding over | ||||||
| 9 | the juvenile court proceeding brought under this Act, in its | ||||||
| 10 | discretion, may order that juvenile court records may be made | ||||||
| 11 | available in individual cases to representatives of agencies, | ||||||
| 12 | associations, news media, and other properly interested | ||||||
| 13 | persons. For purposes of obtaining documents under this | ||||||
| 14 | subsection (C), a civil subpoena is not an order of the court.
| ||||||
| 15 | but may be inspected by representatives of agencies, | ||||||
| 16 | associations and news
media or other properly interested | ||||||
| 17 | persons by general or special order of
the court presiding over | ||||||
| 18 | matters pursuant to this Act. | ||||||
| 19 | (0.1) In cases where the records concern a pending | ||||||
| 20 | juvenile court case, the party seeking to inspect the | ||||||
| 21 | juvenile court records shall provide actual notice to the | ||||||
| 22 | attorney or guardian ad litem of the minor whose records | ||||||
| 23 | are sought. | ||||||
| 24 | (0.2) In cases where the records concern a juvenile | ||||||
| 25 | court case that is no longer pending, the party seeking to | ||||||
| 26 | inspect the juvenile court records shall provide actual | ||||||
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| 1 | 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 the records should be | ||||||
| 5 | available for inspection and in determining whether | ||||||
| 6 | inspection should be limited to certain parts of the file, | ||||||
| 7 | the court shall consider the minor's interest in | ||||||
| 8 | confidentiality and rehabilitation over the moving party's | ||||||
| 9 | interest in obtaining the information. The State's | ||||||
| 10 | Attorney, the minor, and the minor's parents, guardian, and | ||||||
| 11 | counsel shall at all times have the right to examine court | ||||||
| 12 | files and records. For purposes of obtaining documents | ||||||
| 13 | pursuant to this Section, a civil subpoena is not an order | ||||||
| 14 | of the court. | ||||||
| 15 | (0.4) Any records obtained in violation of this | ||||||
| 16 | subsection (C) shall not be admissible in any criminal or | ||||||
| 17 | civil proceeding, or operate to disqualify a minor from | ||||||
| 18 | subsequently holding public office, or operate as a | ||||||
| 19 | forfeiture of any public benefit, right, privilege, or | ||||||
| 20 | right to receive any license granted by public authority.
| ||||||
| 21 | (1) The
court shall allow the general public to have | ||||||
| 22 | access to the name, address, and offense of a minor
who is | ||||||
| 23 | adjudicated a delinquent minor under this Act under either | ||||||
| 24 | of the
following circumstances:
| ||||||
| 25 | (A) The
adjudication of
delinquency was based upon | ||||||
| 26 | the
minor's
commission of first degree murder, attempt | ||||||
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| 1 | to commit first degree
murder, aggravated criminal | ||||||
| 2 | sexual assault, or criminal sexual assault; or
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| 3 | (B) The court has made a finding that the minor was | ||||||
| 4 | at least 13 years of
age
at the time the act was | ||||||
| 5 | committed and the adjudication of delinquency was | ||||||
| 6 | based
upon the minor's commission of: (i)
an act in | ||||||
| 7 | furtherance of the commission of a felony as a member | ||||||
| 8 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
| 9 | involving the use of a firearm in the commission of a
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| 10 | felony, (iii) an act that would be a Class X felony | ||||||
| 11 | offense
under or
the minor's second or subsequent
Class | ||||||
| 12 | 2 or greater felony offense under the Cannabis Control | ||||||
| 13 | Act if committed by an adult,
(iv) an act that would be | ||||||
| 14 | a second or subsequent offense under Section 402 of
the | ||||||
| 15 | Illinois Controlled Substances Act if committed by an | ||||||
| 16 | adult, (v) an act
that would be an offense under | ||||||
| 17 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 18 | if committed by an adult, (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 | (2) The court
shall allow the general public to have | ||||||
| 25 | access to the name, address, and offense of a minor who is | ||||||
| 26 | at least 13 years of age at
the time the offense
is | ||||||
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| 1 | committed and who is convicted, in criminal proceedings
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| 2 | permitted or required under Section 5-4, under either of | ||||||
| 3 | the following
circumstances:
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| 4 | (A) The minor has been convicted of first degree | ||||||
| 5 | murder, attempt
to commit first degree
murder, | ||||||
| 6 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| 7 | assault,
| ||||||
| 8 | (B) The court has made a finding that the minor was | ||||||
| 9 | at least 13 years
of age
at the time the offense was | ||||||
| 10 | committed and the conviction was based upon the
minor's | ||||||
| 11 | commission of: (i)
an offense in
furtherance of the | ||||||
| 12 | commission of a felony as a member of or on behalf of a
| ||||||
| 13 | criminal street gang, (ii) an offense
involving the use | ||||||
| 14 | of a firearm in the commission of a felony, (iii)
a | ||||||
| 15 | Class X felony offense under or a second or subsequent | ||||||
| 16 | Class 2 or
greater felony offense under the Cannabis | ||||||
| 17 | Control Act, (iv) a
second or subsequent offense under | ||||||
| 18 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
| 19 | (v) an offense under Section 401 of the Illinois
| ||||||
| 20 | Controlled Substances Act, (vi) an act that would be a | ||||||
| 21 | second or subsequent offense under Section 60 of the | ||||||
| 22 | Methamphetamine Control and Community Protection Act, | ||||||
| 23 | or (vii) an act that would be an offense under another | ||||||
| 24 | Section of the Methamphetamine Control and Community | ||||||
| 25 | Protection Act.
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| 26 | (D) Pending or following any adjudication of delinquency | ||||||
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| 1 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| 2 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 4 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 5 | Rights for Victims and Witnesses of Violent Crime Act; and the
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| 6 | juvenile who is the subject of the adjudication, | ||||||
| 7 | notwithstanding any other
provision of this Act, shall be | ||||||
| 8 | treated
as an adult for the purpose of affording such rights to | ||||||
| 9 | the victim.
| ||||||
| 10 | (E) Nothing in this Section shall affect the right of a | ||||||
| 11 | Civil Service
Commission or appointing authority of any state, | ||||||
| 12 | county or municipality
examining the character and fitness of
| ||||||
| 13 | an applicant for employment with a law enforcement
agency, | ||||||
| 14 | correctional institution, or fire department to
ascertain
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| 15 | whether that applicant was ever adjudicated to be a delinquent | ||||||
| 16 | minor and,
if so, to examine the records of disposition or | ||||||
| 17 | evidence which were made in
proceedings under this Act.
| ||||||
| 18 | (F) Following any adjudication of delinquency for a crime | ||||||
| 19 | which would be
a felony if committed by an adult, or following | ||||||
| 20 | any adjudication of delinquency
for a violation of Section | ||||||
| 21 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 22 | Criminal Code of 2012, the State's Attorney shall ascertain
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| 23 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 24 | shall provide
a copy of the dispositional order to the | ||||||
| 25 | principal or chief administrative
officer of the school. Access | ||||||
| 26 | to such juvenile records shall be limited
to the principal or | ||||||
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| 1 | chief administrative officer of the school and any guidance
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| 2 | counselor designated by him.
| ||||||
| 3 | (G) Nothing contained in this Act prevents the sharing or
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| 4 | disclosure of information or records relating or pertaining to | ||||||
| 5 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 6 | Offender Comprehensive
Action Program when that information is | ||||||
| 7 | used to assist in the early
identification and treatment of | ||||||
| 8 | habitual juvenile offenders.
| ||||||
| 9 | (H) When a Court hearing a proceeding under Article II of | ||||||
| 10 | this Act becomes
aware that an earlier proceeding under Article | ||||||
| 11 | II had been heard in a different
county, that Court shall | ||||||
| 12 | request, and the Court in which the earlier
proceedings were | ||||||
| 13 | initiated shall transmit, an authenticated copy of the Court
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| 14 | record, including all documents, petitions, and orders filed | ||||||
| 15 | therein and the
minute orders, transcript of proceedings, and | ||||||
| 16 | docket entries of the Court.
| ||||||
| 17 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 18 | Department of
State
Police, in the form and manner required by | ||||||
| 19 | the Department of State Police, the
final disposition of each | ||||||
| 20 | minor who has been arrested or taken into custody
before his or | ||||||
| 21 | her 17th birthday for those offenses required to be reported
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| 22 | under Section 5 of the Criminal Identification Act. Information | ||||||
| 23 | reported to
the Department under this Section may be maintained | ||||||
| 24 | with records that the
Department files under Section 2.1 of the | ||||||
| 25 | Criminal Identification Act.
| ||||||
| 26 | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||||||
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| |||||||
| 1 | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||||||
| 2 | Section 99. Effective date. This Act takes effect upon | ||||||
| 3 | becoming law.
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