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

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

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

Spectrum: Strong Partisan Bill (Democrat 34-2)

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

Download: Illinois-2013-HB2404-Amended.html

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Rep. Barbara Flynn Currie

Filed: 3/14/2013

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AMENDMENT TO HOUSE BILL 2404
AMENDMENT NO. ______. Amend House Bill 2404 on page 1, by
replacing lines 4 through 6 with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7, 1-8, 5-105, 5-120, 5-401.5, 5-410,
5-901, 5-905, and 5-915 as follows:"; and
on page 26, by inserting immediately below line 19 the
following:
"(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any
interrogation (i) during which a reasonable person in the
subject's position would consider himself or herself to be in
custody and (ii) during which a question is asked that is
reasonably likely to elicit an incriminating response.

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

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

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

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

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

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

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

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confine a person 18 17 years of age or older who has a
petition of delinquency filed against the person, these
factors, among other matters, shall be considered:
(A) The age of the person;
(B) Any previous delinquent or criminal history of
the person;
(C) Any previous abuse or neglect history of the
person; and
(D) Any mental health or educational history of the
person, or both.
(d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
promulgated by the Department of Corrections and training
standards approved by the Illinois Law Enforcement Training
Standards Board.
(ii) To accept or hold minors, 12 years of age or older,

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

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

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Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex offense
shall be disclosed only to the following parties when
necessary for discharge of their official duties:

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(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
the permission of the judge of the juvenile court and
the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the
record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases, as
required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private agency
or institution, having custody of the juvenile under
court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(3) A minor who is the victim or alleged victim in a

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juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the
subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
(a) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal

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sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (D) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (E) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, or (F) an act that would be
an offense under the Methamphetamine Control and
Community Protection Act if committed by an adult.
(b) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree

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murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance of
the commission of a felony as a member of or on behalf
of a criminal street gang, (B) an offense involving the
use of a firearm in the commission of a felony, (C) a
Class X felony offense under the Cannabis Control Act
or a second or subsequent Class 2 or greater felony
offense under the Cannabis Control Act, (D) a second or
subsequent offense under Section 402 of the Illinois
Controlled Substances Act, (E) an offense under
Section 401 of the Illinois Controlled Substances Act,
or (F) an offense under the Methamphetamine Control and
Community Protection Act.
(6) Nothing in this Section shall be construed to limit the
use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the

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character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was
ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
(8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or

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her 18th 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the general
public when the court is conducting hearings under Section
5-805 or 5-810.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to juvenile court records of a
minor who has been arrested or taken into custody on or after
the effective date of this amendatory Act.
(Source: P.A. 97-1150, eff. 1-25-13.)".