HB2404 Engrossed LRB098 07733 RLC 37811 b
1		AN ACT concerning courts.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Juvenile Court Act of 1987 is amended by
5		changing Sections 1-7, 1-8, 5-105, 5-120, 5-401.5, 5-410,
6		5-901, 5-905, and 5-915 as follows:
7		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8		Sec. 1-7. Confidentiality of law enforcement records.
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 17th birthday shall be restricted to the following:
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
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
5		Section 10 of the Illinois Streetgang Terrorism Omnibus
6		Prevention Act.
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.
14		(3) Prosecutors and probation officers:
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
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
22		(c) when criminal proceedings have been permitted
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.
2		(5) Authorized military personnel.
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
7		in no disclosure of a minor's identity and protects the
8		confidentiality of the minor's record.
9		(7) Department of Children and Family Services child
10		protection investigators acting in their official
11		capacity.
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
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
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;
3		(ii) a violation of the Illinois Controlled
4		Substances Act;
5		(iii) a violation of the Cannabis Control Act;
6		(iv) a forcible felony as defined in Section 2-8 of
7		the Criminal Code of 1961 or the Criminal Code of 2012;
8		(v) a violation of the Methamphetamine Control and
9		Community Protection Act;
10		(vi) a violation of Section 1-2 of the Harassing
11		and Obscene Communications Act;
12		(vii) a violation of the Hazing Act; or
13		(viii) a violation of Section 12-1, 12-2, 12-3,
14		12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3,
15		12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of
16		1961 or the Criminal Code of 2012.
17		The information derived from the law enforcement
18		records shall be kept separate from and shall not
19		become a part of the official school record of that
20		child and shall not be a public record. The information
21		shall be used solely by the appropriate school official
22		or officials whom the school has determined to have a
23		legitimate educational or safety interest to aid in the
24		proper rehabilitation of the child and to protect the
25		safety of students and employees in the school. If the
26		designated law enforcement and school officials deem

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

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1		subject of a current police investigation shall in no
2		way limit the use of this information by prosecutors in
3		pursuing criminal charges arising out of the
4		information disclosed during a police investigation of
5		the minor. For purposes of this paragraph,
6		"investigation" means an official systematic inquiry
7		by a law enforcement agency into actual or suspected
8		criminal activity.
9		(9) Mental health professionals on behalf of the
10		Illinois Department of Corrections or the Department of
11		Human Services or prosecutors who are evaluating,
12		prosecuting, or investigating a potential or actual
13		petition brought under the Sexually Violent Persons
14		Commitment Act relating to a person who is the subject of
15		juvenile law enforcement records or the respondent to a
16		petition brought under the Sexually Violent Persons
17		Commitment Act who is the subject of the juvenile law
18		enforcement records sought. Any records and any
19		information obtained from those records under this
20		paragraph (9) may be used only in sexually violent persons
21		commitment proceedings.
22		(10) The president of a park district. Inspection and
23		copying shall be limited to law enforcement records
24		transmitted to the president of the park district by the
25		Illinois State Police under Section 8-23 of the Park
26		District Code or Section 16a-5 of the Chicago Park District

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1		Act concerning a person who is seeking employment with that
2		park district and who has been adjudicated a juvenile
3		delinquent for any of the offenses listed in subsection (c)
4		of Section 8-23 of the Park District Code or subsection (c)
5		of Section 16a-5 of the Chicago Park District Act.
6		(B) (1) Except as provided in paragraph (2), no law
7		enforcement officer or other person or agency may knowingly
8		transmit to the Department of Corrections or the Department
9		of State Police or to the Federal Bureau of Investigation
10		any fingerprint or photograph relating to a minor who has
11		been arrested or taken into custody before his or her 18th
12		17th birthday, unless the court in proceedings under this
13		Act authorizes the transmission or enters an order under
14		Section 5-805 permitting or requiring the institution of
15		criminal proceedings.
16		(2) Law enforcement officers or other persons or
17		agencies shall transmit to the Department of State Police
18		copies of fingerprints and descriptions of all minors who
19		have been arrested or taken into custody before their 18th
20		17th birthday for the offense of unlawful use of weapons
21		under Article 24 of the Criminal Code of 1961 or the
22		Criminal Code of 2012, a Class X or Class 1 felony, a
23		forcible felony as defined in Section 2-8 of the Criminal
24		Code of 1961 or the Criminal Code of 2012, or a Class 2 or
25		greater felony under the Cannabis Control Act, the Illinois
26		Controlled Substances Act, the Methamphetamine Control and

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1		Community Protection Act, or Chapter 4 of the Illinois
2		Vehicle Code, pursuant to Section 5 of the Criminal
3		Identification Act. Information reported to the Department
4		pursuant to this Section may be maintained with records
5		that the Department files pursuant to Section 2.1 of the
6		Criminal Identification Act. Nothing in this Act prohibits
7		a law enforcement agency from fingerprinting a minor taken
8		into custody or arrested before his or her 18th 17th
9		birthday for an offense other than those listed in this
10		paragraph (2).
11		(C) The records of law enforcement officers, or of an
12		independent agency created by ordinance and charged by a unit
13		of local government with the duty of investigating the conduct
14		of law enforcement officers, concerning all minors under 18 17
15		years of age must be maintained separate from the records of
16		arrests and may not be open to public inspection or their
17		contents disclosed to the public except by order of the court
18		presiding over matters pursuant to this Act or when the
19		institution of criminal proceedings has been permitted or
20		required under Section 5-805 or such a person has been
21		convicted of a crime and is the subject of pre-sentence
22		investigation or proceedings on an application for probation or
23		when provided by law. For purposes of obtaining documents
24		pursuant to this Section, a civil subpoena is not an order of
25		the court.
26		(1) In cases where the law enforcement, or independent

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1		agency, records concern a pending juvenile court case, the
2		party seeking to inspect the records shall provide actual
3		notice to the attorney or guardian ad litem of the minor
4		whose records are sought.
5		(2) In cases where the records concern a juvenile court
6		case that is no longer pending, the party seeking to
7		inspect the records shall provide actual notice to the
8		minor or the minor's parent or legal guardian, and the
9		matter shall be referred to the chief judge presiding over
10		matters pursuant to this Act.
11		(3) In determining whether the records should be
12		available for inspection, the court shall consider the
13		minor's interest in confidentiality and rehabilitation
14		over the moving party's interest in obtaining the
15		information. 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 securing employment,
19		or operate as a forfeiture of any public benefit, right,
20		privilege, or right to receive any license granted by
21		public authority.
22		(D) Nothing contained in subsection (C) of this Section
23		shall prohibit the inspection or disclosure to victims and
24		witnesses of photographs contained in the records of law
25		enforcement agencies when the inspection and disclosure is
26		conducted in the presence of a law enforcement officer for the

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1		purpose of the identification or apprehension of any person
2		subject to the provisions of this Act or for the investigation
3		or prosecution of any crime.
4		(E) Law enforcement officers, and personnel of an
5		independent agency created by ordinance and charged by a unit
6		of local government with the duty of investigating the conduct
7		of law enforcement officers, may not disclose the identity of
8		any minor in releasing information to the general public as to
9		the arrest, investigation or disposition of any case involving
10		a minor.
11		(F) Nothing contained in this Section shall prohibit law
12		enforcement agencies from communicating with each other by
13		letter, memorandum, teletype or intelligence alert bulletin or
14		other means the identity or other relevant information
15		pertaining to a person under 18 17 years of age if there are
16		reasonable grounds to believe that the person poses a real and
17		present danger to the safety of the public or law enforcement
18		officers. The information provided under this subsection (F)
19		shall remain confidential and shall not be publicly disclosed,
20		except as otherwise allowed by law.
21		(G) Nothing in this Section shall prohibit the right of a
22		Civil Service Commission or appointing authority of any state,
23		county or municipality examining the character and fitness of
24		an applicant for employment with a law enforcement agency,
25		correctional institution, or fire department from obtaining
26		and examining the records of any law enforcement agency

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1		relating to any record of the applicant having been arrested or
2		taken into custody before the applicant's 18th 17th birthday.
3		The changes made to this Section by this amendatory Act of
4		the 98th General Assembly apply to law enforcement records of a
5		minor who has been arrested or taken into custody on or after
6		the effective date of this amendatory Act.
7		(Source: P.A. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12;
8		97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; 97-1150, eff.
9		1-25-13.)
10		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
11		Sec. 1-8. Confidentiality and accessibility of juvenile
12		court records.
13		(A) Inspection and copying of juvenile court records
14		relating to a minor who is the subject of a proceeding under
15		this Act shall be restricted to the following:
16		(1) The minor who is the subject of record, his
17		parents, guardian and counsel.
18		(2) Law enforcement officers and law enforcement
19		agencies when such information is essential to executing an
20		arrest or search warrant or other compulsory process, or to
21		conducting an ongoing investigation or relating to a minor
22		who has been adjudicated delinquent and there has been a
23		previous finding that the act which constitutes the
24		previous offense was committed in furtherance of criminal
25		activities by a criminal street gang.

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1		Before July 1, 1994, for the purposes of this Section,
2		"criminal street gang" means any ongoing organization,
3		association, or group of 3 or more persons, whether formal
4		or informal, having as one of its primary activities the
5		commission of one or more criminal acts and that has a
6		common name or common identifying sign, symbol or specific
7		color apparel displayed, and whose members individually or
8		collectively engage in or have engaged in a pattern of
9		criminal activity.
10		Beginning July 1, 1994, for purposes of this Section,
11		"criminal street gang" has the meaning ascribed to it in
12		Section 10 of the Illinois Streetgang Terrorism Omnibus
13		Prevention Act.
14		(3) Judges, hearing officers, prosecutors, probation
15		officers, social workers or other individuals assigned by
16		the court to conduct a pre-adjudication or predisposition
17		investigation, and individuals responsible for supervising
18		or providing temporary or permanent care and custody for
19		minors pursuant to the order of the juvenile court when
20		essential to performing their responsibilities.
21		(4) Judges, prosecutors and probation officers:
22		(a) in the course of a trial when institution of
23		criminal proceedings has been permitted or required
24		under Section 5-805; or
25		(b) when criminal proceedings have been permitted
26		or required under Section 5-805 and a minor is the

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1		subject of a proceeding to determine the amount of
2		bail; or
3		(c) when criminal proceedings have been permitted
4		or required under Section 5-805 and a minor is the
5		subject of a pre-trial investigation, pre-sentence
6		investigation or fitness hearing, or proceedings on an
7		application for probation; or
8		(d) when a minor becomes 18 17 years of age or
9		older, and is the subject of criminal proceedings,
10		including a hearing to determine the amount of bail, a
11		pre-trial investigation, a pre-sentence investigation,
12		a fitness hearing, or proceedings on an application for
13		probation.
14		(5) Adult and Juvenile Prisoner Review Boards.
15		(6) Authorized military personnel.
16		(7) Victims, their subrogees and legal
17		representatives; however, such persons shall have access
18		only to the name and address of the minor and information
19		pertaining to the disposition or alternative adjustment
20		plan of the juvenile court.
21		(8) Persons engaged in bona fide research, with the
22		permission of the presiding judge of the juvenile court and
23		the chief executive of the agency that prepared the
24		particular records; provided that publication of such
25		research results in no disclosure of a minor's identity and
26		protects the confidentiality of the record.

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1		(9) The Secretary of State to whom the Clerk of the
2		Court shall report the disposition of all cases, as
3		required in Section 6-204 of the Illinois Vehicle Code.
4		However, information reported relative to these offenses
5		shall be privileged and available only to the Secretary of
6		State, courts, and police officers.
7		(10) The administrator of a bonafide substance abuse
8		student assistance program with the permission of the
9		presiding judge of the juvenile court.
10		(11) 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 court records or the respondent to a petition
17		brought under the Sexually Violent Persons Commitment Act,
18		who is the subject of juvenile court records sought. Any
19		records and any information obtained from those records
20		under this paragraph (11) may be used only in sexually
21		violent persons commitment proceedings.
22		(A-1) Findings and exclusions of paternity entered in
23		proceedings occurring under Article II of this Act shall be
24		disclosed, in a manner and form approved by the Presiding Judge
25		of the Juvenile Court, to the Department of Healthcare and
26		Family Services when necessary to discharge the duties of the

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1		Department of Healthcare and Family Services under Article X of
2		the Illinois Public Aid Code.
3		(B) A minor who is the victim in a juvenile proceeding
4		shall be provided the same confidentiality regarding
5		disclosure of identity as the minor who is the subject of
6		record.
7		(C) Except as otherwise provided in this subsection (C),
8		juvenile court records shall not be made available to the
9		general public but may be inspected by representatives of
10		agencies, associations and news media or other properly
11		interested persons by general or special order of the court
12		presiding over matters pursuant to this Act.
13		(0.1) In cases where the records concern a pending
14		juvenile court case, the party seeking to inspect the
15		juvenile court records shall provide actual notice to the
16		attorney or guardian ad litem of the minor whose records
17		are sought.
18		(0.2) In cases where the records concern a juvenile
19		court case that is no longer pending, the party seeking to
20		inspect the juvenile court records shall provide actual
21		notice to the minor or the minor's parent or legal
22		guardian, and the matter shall be referred to the chief
23		judge presiding over matters pursuant to this Act.
24		(0.3) In determining whether the records should be
25		available for inspection, the court shall consider the
26		minor's interest in confidentiality and rehabilitation

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1		over the moving party's interest in obtaining the
2		information. The State's Attorney, the minor, and the
3		minor's parents, guardian, and counsel shall at all times
4		have the right to examine court files and records. For
5		purposes of obtaining documents pursuant to this Section, a
6		civil subpoena is not an order of the court.
7		(0.4) Any records obtained in violation of this
8		subsection (C) shall not be admissible in any criminal or
9		civil proceeding, or operate to disqualify a minor from
10		subsequently holding public office, or operate as a
11		forfeiture of any public benefit, right, privilege, or
12		right to receive any license granted by public authority.
13		(1) The court shall allow the general public to have
14		access to the name, address, and offense of a minor who is
15		adjudicated a delinquent minor under this Act under either
16		of the following circumstances:
17		(A) The adjudication of delinquency was based upon
18		the minor's commission of first degree murder, attempt
19		to commit first degree murder, aggravated criminal
20		sexual assault, or criminal sexual assault; or
21		(B) The court has made a finding that the minor was
22		at least 13 years of age at the time the act was
23		committed and the adjudication of delinquency was
24		based upon the minor's commission of: (i) an act in
25		furtherance of the commission of a felony as a member
26		of or on behalf of a criminal street gang, (ii) an act

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1		involving the use of a firearm in the commission of a
2		felony, (iii) an act that would be a Class X felony
3		offense under or the minor's second or subsequent Class
4		2 or greater felony offense under the Cannabis Control
5		Act if committed by an adult, (iv) an act that would be
6		a second or subsequent offense under Section 402 of the
7		Illinois Controlled Substances Act if committed by an
8		adult, (v) an act that would be an offense under
9		Section 401 of the Illinois Controlled Substances Act
10		if committed by an adult, (vi) an act that would be a
11		second or subsequent offense under Section 60 of the
12		Methamphetamine Control and Community Protection Act,
13		or (vii) an act that would be an offense under another
14		Section of the Methamphetamine Control and Community
15		Protection Act.
16		(2) The court shall allow the general public to have
17		access to the name, address, and offense of a minor who is
18		at least 13 years of age at the time the offense is
19		committed and who is convicted, in criminal proceedings
20		permitted or required under Section 5-4, under either of
21		the following circumstances:
22		(A) The minor has been convicted of first degree
23		murder, attempt to commit first degree murder,
24		aggravated criminal sexual assault, or criminal sexual
25		assault,
26		(B) The court has made a finding that the minor was

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1		at least 13 years of age at the time the offense was
2		committed and the conviction was based upon the minor's
3		commission of: (i) an offense in furtherance of the
4		commission of a felony as a member of or on behalf of a
5		criminal street gang, (ii) an offense involving the use
6		of a firearm in the commission of a felony, (iii) a
7		Class X felony offense under or a second or subsequent
8		Class 2 or greater felony offense under the Cannabis
9		Control Act, (iv) a second or subsequent offense under
10		Section 402 of the Illinois Controlled Substances Act,
11		(v) an offense under Section 401 of the Illinois
12		Controlled Substances Act, (vi) an act that would be a
13		second or subsequent offense under Section 60 of the
14		Methamphetamine Control and Community Protection Act,
15		or (vii) an act that would be an offense under another
16		Section of the Methamphetamine Control and Community
17		Protection Act.
18		(D) Pending or following any adjudication of delinquency
19		for any offense defined in Sections 11-1.20 through 11-1.60 or
20		12-13 through 12-16 of the Criminal Code of 1961 or the
21		Criminal Code of 2012, the victim of any such offense shall
22		receive the rights set out in Sections 4 and 6 of the Bill of
23		Rights for Victims and Witnesses of Violent Crime Act; and the
24		juvenile who is the subject of the adjudication,
25		notwithstanding any other provision of this Act, shall be
26		treated as an adult for the purpose of affording such rights to

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1		the victim.
2		(E) Nothing in this Section shall affect the right of a
3		Civil Service Commission or appointing authority of any state,
4		county or municipality examining the character and fitness of
5		an applicant for employment with a law enforcement agency,
6		correctional institution, or fire department to ascertain
7		whether that applicant was ever adjudicated to be a delinquent
8		minor and, if so, to examine the records of disposition or
9		evidence which were made in proceedings under this Act.
10		(F) Following any adjudication of delinquency for a crime
11		which would be a felony if committed by an adult, or following
12		any adjudication of delinquency for a violation of Section
13		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
14		Criminal Code of 2012, the State's Attorney shall ascertain
15		whether the minor respondent is enrolled in school and, if so,
16		shall provide a copy of the dispositional order to the
17		principal or chief administrative officer of the school. Access
18		to such juvenile records shall be limited to the principal or
19		chief administrative officer of the school and any guidance
20		counselor designated by him.
21		(G) Nothing contained in this Act prevents the sharing or
22		disclosure of information or records relating or pertaining to
23		juveniles subject to the provisions of the Serious Habitual
24		Offender Comprehensive Action Program when that information is
25		used to assist in the early identification and treatment of
26		habitual juvenile offenders.

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1		(H) When a Court hearing a proceeding under Article II of
2		this Act becomes aware that an earlier proceeding under Article
3		II had been heard in a different county, that Court shall
4		request, and the Court in which the earlier proceedings were
5		initiated shall transmit, an authenticated copy of the Court
6		record, including all documents, petitions, and orders filed
7		therein and the minute orders, transcript of proceedings, and
8		docket entries of the Court.
9		(I) The Clerk of the Circuit Court shall report to the
10		Department of State Police, in the form and manner required by
11		the Department of State Police, the final disposition of each
12		minor who has been arrested or taken into custody before his or
13		her 18th 17th birthday for those offenses required to be
14		reported under Section 5 of the Criminal Identification Act.
15		Information reported to the Department under this Section may
16		be maintained with records that the Department files under
17		Section 2.1 of the Criminal Identification Act.
18		The changes made to this Section by this amendatory Act of
19		the 98th General Assembly apply to law enforcement records of a
20		minor who has been arrested or taken into custody on or after
21		the effective date of this amendatory Act.
22		(Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;
23		97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
24		(705 ILCS 405/5-105)
25		Sec. 5-105. Definitions. As used in this Article:

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1		(1) "Court" means the circuit court in a session or
2		division assigned to hear proceedings under this Act, and
3		includes the term Juvenile Court.
4		(2) "Community service" means uncompensated labor for a
5		community service agency as hereinafter defined.
6		(2.5) "Community service agency" means a not-for-profit
7		organization, community organization, church, charitable
8		organization, individual, public office, or other public body
9		whose purpose is to enhance the physical or mental health of a
10		delinquent minor or to rehabilitate the minor, or to improve
11		the environmental quality or social welfare of the community
12		which agrees to accept community service from juvenile
13		delinquents and to report on the progress of the community
14		service to the State's Attorney pursuant to an agreement or to
15		the court or to any agency designated by the court or to the
16		authorized diversion program that has referred the delinquent
17		minor for community service.
18		(3) "Delinquent minor" means any minor who prior to his or
19		her 17th birthday has violated or attempted to violate,
20		regardless of where the act occurred, any federal or State law,
21		county or municipal ordinance, and any minor who prior to his
22		or her 18th birthday has violated or attempted to violate,
23		regardless of where the act occurred, any federal, State,
24		county or municipal law or ordinance classified as a
25		misdemeanor offense.
26		(4) "Department" means the Department of Human Services

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1		unless specifically referenced as another department.
2		(5) "Detention" means the temporary care of a minor who is
3		alleged to be or has been adjudicated delinquent and who
4		requires secure custody for the minor's own protection or the
5		community's protection in a facility designed to physically
6		restrict the minor's movements, pending disposition by the
7		court or execution of an order of the court for placement or
8		commitment. Design features that physically restrict movement
9		include, but are not limited to, locked rooms and the secure
10		handcuffing of a minor to a rail or other stationary object. In
11		addition, "detention" includes the court ordered care of an
12		alleged or adjudicated delinquent minor who requires secure
13		custody pursuant to Section 5-125 of this Act.
14		(6) "Diversion" means the referral of a juvenile, without
15		court intervention, into a program that provides services
16		designed to educate the juvenile and develop a productive and
17		responsible approach to living in the community.
18		(7) "Juvenile detention home" means a public facility with
19		specially trained staff that conforms to the county juvenile
20		detention standards promulgated by the Department of
21		Corrections.
22		(8) "Juvenile justice continuum" means a set of delinquency
23		prevention programs and services designed for the purpose of
24		preventing or reducing delinquent acts, including criminal
25		activity by youth gangs, as well as intervention,
26		rehabilitation, and prevention services targeted at minors who

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1		have committed delinquent acts, and minors who have previously
2		been committed to residential treatment programs for
3		delinquents. The term includes children-in-need-of-services
4		and families-in-need-of-services programs; aftercare and
5		reentry services; substance abuse and mental health programs;
6		community service programs; community service work programs;
7		and alternative-dispute resolution programs serving
8		youth-at-risk of delinquency and their families, whether
9		offered or delivered by State or local governmental entities,
10		public or private for-profit or not-for-profit organizations,
11		or religious or charitable organizations. This term would also
12		encompass any program or service consistent with the purpose of
13		those programs and services enumerated in this subsection.
14		(9) "Juvenile police officer" means a sworn police officer
15		who has completed a Basic Recruit Training Course, has been
16		assigned to the position of juvenile police officer by his or
17		her chief law enforcement officer and has completed the
18		necessary juvenile officers training as prescribed by the
19		Illinois Law Enforcement Training Standards Board, or in the
20		case of a State police officer, juvenile officer training
21		approved by the Director of State Police.
22		(10) "Minor" means a person under the age of 21 years
23		subject to this Act.
24		(11) "Non-secure custody" means confinement where the
25		minor is not physically restricted by being placed in a locked
26		cell or room, by being handcuffed to a rail or other stationary

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1		object, or by other means. Non-secure custody may include, but
2		is not limited to, electronic monitoring, foster home
3		placement, home confinement, group home placement, or physical
4		restriction of movement or activity solely through facility
5		staff.
6		(12) "Public or community service" means uncompensated
7		labor for a not-for-profit organization or public body whose
8		purpose is to enhance physical or mental stability of the
9		offender, environmental quality or the social welfare and which
10		agrees to accept public or community service from offenders and
11		to report on the progress of the offender and the public or
12		community service to the court or to the authorized diversion
13		program that has referred the offender for public or community
14		service.
15		(13) "Sentencing hearing" means a hearing to determine
16		whether a minor should be adjudged a ward of the court, and to
17		determine what sentence should be imposed on the minor. It is
18		the intent of the General Assembly that the term "sentencing
19		hearing" replace the term "dispositional hearing" and be
20		synonymous with that definition as it was used in the Juvenile
21		Court Act of 1987.
22		(14) "Shelter" means the temporary care of a minor in
23		physically unrestricting facilities pending court disposition
24		or execution of court order for placement.
25		(15) "Site" means a not-for-profit organization, public
26		body, church, charitable organization, or individual agreeing

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1		to accept community service from offenders and to report on the
2		progress of ordered or required public or community service to
3		the court or to the authorized diversion program that has
4		referred the offender for public or community service.
5		(16) "Station adjustment" means the informal or formal
6		handling of an alleged offender by a juvenile police officer.
7		(17) "Trial" means a hearing to determine whether the
8		allegations of a petition under Section 5-520 that a minor is
9		delinquent are proved beyond a reasonable doubt. It is the
10		intent of the General Assembly that the term "trial" replace
11		the term "adjudicatory hearing" and be synonymous with that
12		definition as it was used in the Juvenile Court Act of 1987.
13		The changes made to this Section by this amendatory Act of
14		the 98th General Assembly apply to violations or attempted
15		violations committed on or after the effective date of this
16		amendatory Act.
17		(Source: P.A. 95-1031, eff. 1-1-10.)
18		(705 ILCS 405/5-120)
19		Sec. 5-120. Exclusive jurisdiction. Proceedings may be
20		instituted under the provisions of this Article concerning any
21		minor who prior to the minor's 17th birthday has violated or
22		attempted to violate, regardless of where the act occurred, any
23		federal or State law or municipal or county ordinance, and any
24		minor who prior to his or her 18th birthday has violated or
25		attempted to violate, regardless of where the act occurred, any

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1		federal, State, county or municipal law or ordinance classified
2		as a misdemeanor offense. If before trial or plea, an
3		information or indictment is filed that includes one or more
4		charges under the criminal laws of this State and additional
5		charges that are classified as misdemeanors that are subject to
6		proceedings under this Act, all of the charges arising out of
7		the same incident shall be prosecuted under the criminal laws
8		of this State. If after trial or plea the court finds that the
9		minor committed an offense that is solely classified as a
10		misdemeanor, the court must proceed under Section 5-705 and
11		5-710 of this Act. Except as provided in Sections 5-125, 5-130,
12		5-805, and 5-810 of this Article, no minor who was under 18 17
13		years of age at the time of the alleged offense may be
14		prosecuted under the criminal laws 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. 95-1031, eff. 1-1-10.)
20		(705 ILCS 405/5-401.5)
21		Sec. 5-401.5. When statements by minor may be used.
22		(a) In this Section, "custodial interrogation" means any
23		interrogation (i) during which a reasonable person in the
24		subject's position would consider himself or herself to be in
25		custody and (ii) during which a question is asked that is

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1		reasonably likely to elicit an incriminating response.
2		In this Section, "electronic recording" includes motion
3		picture, audiotape, videotape, or digital recording.
4		In this Section, "place of detention" means a building or a
5		police station that is a place of operation for a municipal
6		police department or county sheriff department or other law
7		enforcement agency at which persons are or may be held in
8		detention in connection with criminal charges against those
9		persons or allegations that those persons are delinquent
10		minors.
11		(b) An oral, written, or sign language statement of a minor
12		who, at the time of the commission of the offense was under the
13		age of 18 17 years, made as a result of a custodial
14		interrogation conducted at a police station or other place of
15		detention on or after the effective date of this amendatory Act
16		of the 93rd General Assembly shall be presumed to be
17		inadmissible as evidence against the minor in any criminal
18		proceeding or juvenile court proceeding, for an act that if
19		committed by an adult would be brought under Section 9-1,
20		9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code
21		of 1961 or the Criminal Code of 2012, or under clause (d)(1)(F)
22		of Section 11-501 of the Illinois Vehicle Code unless:
23		(1) an electronic recording is made of the custodial
24		interrogation; and
25		(2) the recording is substantially accurate and not
26		intentionally altered.

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1		(c) Every electronic recording required under this Section
2		must be preserved until such time as the minor's adjudication
3		for any offense relating to the statement is final and all
4		direct and habeas corpus appeals are exhausted, or the
5		prosecution of such offenses is barred by law.
6		(d) If the court finds, by a preponderance of the evidence,
7		that the minor was subjected to a custodial interrogation in
8		violation of this Section, then any statements made by the
9		minor during or following that non-recorded custodial
10		interrogation, even if otherwise in compliance with this
11		Section, are presumed to be inadmissible in any criminal
12		proceeding or juvenile court proceeding against the minor
13		except for the purposes of impeachment.
14		(e) Nothing in this Section precludes the admission (i) of
15		a statement made by the minor in open court in any criminal
16		proceeding or juvenile court proceeding, before a grand jury,
17		or at a preliminary hearing, (ii) of a statement made during a
18		custodial interrogation that was not recorded as required by
19		this Section because electronic recording was not feasible,
20		(iii) of a voluntary statement, whether or not the result of a
21		custodial interrogation, that has a bearing on the credibility
22		of the accused as a witness, (iv) of a spontaneous statement
23		that is not made in response to a question, (v) of a statement
24		made after questioning that is routinely asked during the
25		processing of the arrest of the suspect, (vi) of a statement
26		made during a custodial interrogation by a suspect who

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1		requests, prior to making the statement, to respond to the
2		interrogator's questions only if an electronic recording is not
3		made of the statement, provided that an electronic recording is
4		made of the statement of agreeing to respond to the
5		interrogator's question, only if a recording is not made of the
6		statement, (vii) of a statement made during a custodial
7		interrogation that is conducted out-of-state, (viii) of a
8		statement given at a time when the interrogators are unaware
9		that a death has in fact occurred, or (ix) of any other
10		statement that may be admissible under law. The State shall
11		bear the burden of proving, by a preponderance of the evidence,
12		that one of the exceptions described in this subsection (e) is
13		applicable. Nothing in this Section precludes the admission of
14		a statement, otherwise inadmissible under this Section, that is
15		used only for impeachment and not as substantive evidence.
16		(f) The presumption of inadmissibility of a statement made
17		by a suspect at a custodial interrogation at a police station
18		or other place of detention may be overcome by a preponderance
19		of the evidence that the statement was voluntarily given and is
20		reliable, based on the totality of the circumstances.
21		(g) Any electronic recording of any statement made by a
22		minor during a custodial interrogation that is compiled by any
23		law enforcement agency as required by this Section for the
24		purposes of fulfilling the requirements of this Section shall
25		be confidential and exempt from public inspection and copying,
26		as provided under Section 7 of the Freedom of Information Act,

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1		and the information shall not be transmitted to anyone except
2		as needed to comply with this Section.
3		(h) A statement, admission, confession, or incriminating
4		information made by or obtained from a minor related to the
5		instant offense, as part of any behavioral health screening,
6		assessment, evaluation, or treatment, whether or not
7		court-ordered, shall not be admissible as evidence against the
8		minor on the issue of guilt only in the instant juvenile court
9		proceeding. The provisions of this subsection (h) are in
10		addition to and do not override any existing statutory and
11		constitutional prohibition on the admission into evidence in
12		delinquency proceedings of information obtained during
13		screening, assessment, or treatment.
14		The changes made to this Section by this amendatory Act of
15		the 98th General Assembly apply to statements of a minor made
16		on or after the effective date of this amendatory Act.
17		(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
18		(705 ILCS 405/5-410)
19		Sec. 5-410. Non-secure custody or detention.
20		(1) Any minor arrested or taken into custody pursuant to
21		this Act who requires care away from his or her home but who
22		does not require physical restriction shall be given temporary
23		care in a foster family home or other shelter facility
24		designated by the court.
25		(2) (a) Any minor 10 years of age or older arrested

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

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

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1		(i) The period of detention is deemed to have begun
2		once the minor has been placed in a locked room or cell or
3		handcuffed to a stationary object in a building housing a
4		county jail or municipal lockup. Time spent transporting a
5		minor is not considered to be time in detention or secure
6		custody.
7		(ii) Any minor so confined shall be under periodic
8		supervision and shall not be permitted to come into or
9		remain in contact with adults in custody in the building.
10		(iii) Upon placement in secure custody in a jail or
11		lockup, the minor shall be informed of the purpose of the
12		detention, the time it is expected to last and the fact
13		that it cannot exceed the time specified under this Act.
14		(iv) A log shall be kept which shows the offense which
15		is the basis for the detention, the reasons and
16		circumstances for the decision to detain and the length of
17		time the minor was in detention.
18		(v) Violation of the time limit on detention in a
19		county jail or municipal lockup shall not, in and of
20		itself, render inadmissible evidence obtained as a result
21		of the violation of this time limit. Minors under 18 17
22		years of age shall be kept separate from confined adults
23		and may not at any time be kept in the same cell, room or
24		yard with adults confined pursuant to criminal law. Persons
25		18 17 years of age and older who have a petition of
26		delinquency filed against them may be confined in an adult

HB2404 Engrossed - 34 - LRB098 07733 RLC 37811 b
1		detention facility. In making a determination whether to
2		confine a person 18 17 years of age or older who has a
3		petition of delinquency filed against the person, these
4		factors, among other matters, shall be considered:
5		(A) The age of the person;
6		(B) Any previous delinquent or criminal history of
7		the person;
8		(C) Any previous abuse or neglect history of the
9		person; and
10		(D) Any mental health or educational history of the
11		person, or both.
12		(d) (i) If a minor 12 years of age or older is confined in a
13		county jail in a county with a population below 3,000,000
14		inhabitants, then the minor's confinement shall be implemented
15		in such a manner that there will be no contact by sight, sound
16		or otherwise between the minor and adult prisoners. Minors 12
17		years of age or older must be kept separate from confined
18		adults and may not at any time be kept in the same cell, room,
19		or yard with confined adults. This paragraph (d)(i) shall only
20		apply to confinement pending an adjudicatory hearing and shall
21		not exceed 40 hours, excluding Saturdays, Sundays and court
22		designated holidays. To accept or hold minors during this time
23		period, county jails shall comply with all monitoring standards
24		promulgated by the Department of Corrections and training
25		standards approved by the Illinois Law Enforcement Training
26		Standards Board.

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

HB2404 Engrossed - 36 - LRB098 07733 RLC 37811 b
1		and while supervised by a juvenile police officer, the sight
2		and sound separation provisions shall not apply.
3		(g) For purposes of processing a minor, the minor may be
4		taken to a County Jail or municipal lockup under the direct and
5		constant supervision of a law enforcement officer or
6		correctional officer. During such time as is necessary to
7		process the minor, and while supervised by a law enforcement
8		officer or correctional officer, the sight and sound separation
9		provisions shall not apply.
10		(3) If the probation officer or State's Attorney (or such
11		other public officer designated by the court in a county having
12		3,000,000 or more inhabitants) determines that the minor may be
13		a delinquent minor as described in subsection (3) of Section
14		5-105, and should be retained in custody but does not require
15		physical restriction, the minor may be placed in non-secure
16		custody for up to 40 hours pending a detention hearing.
17		(4) Any minor taken into temporary custody, not requiring
18		secure detention, may, however, be detained in the home of his
19		or her parent or guardian subject to such conditions as the
20		court may impose.
21		The changes made to this Section by this amendatory Act of
22		the 98th General Assembly apply to a minor who has been
23		arrested or taken into custody on or after the effective date
24		of this amendatory Act.
25		(Source: P.A. 96-1551, eff. 7-1-11.)

HB2404 Engrossed - 37 - LRB098 07733 RLC 37811 b
1		(705 ILCS 405/5-901)
2		Sec. 5-901. Court file.
3		(1) The Court file with respect to proceedings under this
4		Article shall consist of the petitions, pleadings, victim
5		impact statements, process, service of process, orders, writs
6		and docket entries reflecting hearings held and judgments and
7		decrees entered by the court. The court file shall be kept
8		separate from other records of the court.
9		(a) The file, including information identifying the
10		victim or alleged victim of any sex offense, shall be
11		disclosed only to the following parties when necessary for
12		discharge of their official duties:
13		(i) A judge of the circuit court and members of the
14		staff of the court designated by the judge;
15		(ii) Parties to the proceedings and their
16		attorneys;
17		(iii) Victims and their attorneys, except in cases
18		of multiple victims of sex offenses in which case the
19		information identifying the nonrequesting victims
20		shall be redacted;
21		(iv) Probation officers, law enforcement officers
22		or prosecutors or their staff;
23		(v) Adult and juvenile Prisoner Review Boards.
24		(b) The Court file redacted to remove any information
25		identifying the victim or alleged victim of any sex offense
26		shall be disclosed only to the following parties when

HB2404 Engrossed - 38 - LRB098 07733 RLC 37811 b
1		necessary for discharge of their official duties:
2		(i) Authorized military personnel;
3		(ii) Persons engaged in bona fide research, with
4		the permission of the judge of the juvenile court and
5		the chief executive of the agency that prepared the
6		particular recording: provided that publication of
7		such research results in no disclosure of a minor's
8		identity and protects the confidentiality of the
9		record;
10		(iii) The Secretary of State to whom the Clerk of
11		the Court shall report the disposition of all cases, as
12		required in Section 6-204 or Section 6-205.1 of the
13		Illinois Vehicle Code. However, information reported
14		relative to these offenses shall be privileged and
15		available only to the Secretary of State, courts, and
16		police officers;
17		(iv) The administrator of a bonafide substance
18		abuse student assistance program with the permission
19		of the presiding judge of the juvenile court;
20		(v) Any individual, or any public or private agency
21		or institution, having custody of the juvenile under
22		court order or providing educational, medical or
23		mental health services to the juvenile or a
24		court-approved advocate for the juvenile or any
25		placement provider or potential placement provider as
26		determined by the court.

HB2404 Engrossed - 39 - LRB098 07733 RLC 37811 b
1		(3) A minor who is the victim or alleged victim in a
2		juvenile proceeding shall be provided the same confidentiality
3		regarding disclosure of identity as the minor who is the
4		subject of record. Information identifying victims and alleged
5		victims of sex offenses, shall not be disclosed or open to
6		public inspection under any circumstances. Nothing in this
7		Section shall prohibit the victim or alleged victim of any sex
8		offense from voluntarily disclosing his or her identity.
9		(4) Relevant information, reports and records shall be made
10		available to the Department of Juvenile Justice when a juvenile
11		offender has been placed in the custody of the Department of
12		Juvenile Justice.
13		(5) Except as otherwise provided in this subsection (5),
14		juvenile court records shall not be made available to the
15		general public but may be inspected by representatives of
16		agencies, associations and news media or other properly
17		interested persons by general or special order of the court.
18		The State's Attorney, the minor, his or her parents, guardian
19		and counsel shall at all times have the right to examine court
20		files and records.
21		(a) 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		(i) The adjudication of delinquency was based upon
26		the minor's commission of first degree murder, attempt

HB2404 Engrossed - 40 - LRB098 07733 RLC 37811 b
1		to commit first degree murder, aggravated criminal
2		sexual assault, or criminal sexual assault; or
3		(ii) The court has made a finding that the minor
4		was 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: (A) an act in
7		furtherance of the commission of a felony as a member
8		of or on behalf of a criminal street gang, (B) an act
9		involving the use of a firearm in the commission of a
10		felony, (C) 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, (D) 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, (E) an act that would be an offense under
17		Section 401 of the Illinois Controlled Substances Act
18		if committed by an adult, or (F) an act that would be
19		an offense under the Methamphetamine Control and
20		Community Protection Act if committed by an adult.
21		(b) The court shall allow the general public to have
22		access to the name, address, and offense of a minor who is
23		at least 13 years of age at the time the offense is
24		committed and who is convicted, in criminal proceedings
25		permitted or required under Section 5-805, under either of
26		the following circumstances:

HB2404 Engrossed - 41 - LRB098 07733 RLC 37811 b
1		(i) The minor has been convicted of first degree
2		murder, attempt to commit first degree murder,
3		aggravated criminal sexual assault, or criminal sexual
4		assault,
5		(ii) The court has made a finding that the minor
6		was at least 13 years of age at the time the offense
7		was committed and the conviction was based upon the
8		minor's commission of: (A) an offense in furtherance of
9		the commission of a felony as a member of or on behalf
10		of a criminal street gang, (B) an offense involving the
11		use of a firearm in the commission of a felony, (C) a
12		Class X felony offense under the Cannabis Control Act
13		or a second or subsequent Class 2 or greater felony
14		offense under the Cannabis Control Act, (D) a second or
15		subsequent offense under Section 402 of the Illinois
16		Controlled Substances Act, (E) an offense under
17		Section 401 of the Illinois Controlled Substances Act,
18		or (F) an offense under the Methamphetamine Control and
19		Community Protection Act.
20		(6) Nothing in this Section shall be construed to limit the
21		use of a adjudication of delinquency as evidence in any
22		juvenile or criminal proceeding, where it would otherwise be
23		admissible under the rules of evidence, including but not
24		limited to, use as impeachment evidence against any witness,
25		including the minor if he or she testifies.
26		(7) Nothing in this Section shall affect the right of a

HB2404 Engrossed - 42 - LRB098 07733 RLC 37811 b
1		Civil Service Commission or appointing authority examining the
2		character and fitness of an applicant for a position as a law
3		enforcement officer to ascertain whether that applicant was
4		ever adjudicated to be a delinquent minor and, if so, to
5		examine the records or evidence which were made in proceedings
6		under this Act.
7		(8) Following any adjudication of delinquency for a crime
8		which would be a felony if committed by an adult, or following
9		any adjudication of delinquency for a violation of Section
10		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
11		Criminal Code of 2012, the State's Attorney shall ascertain
12		whether the minor respondent is enrolled in school and, if so,
13		shall provide a copy of the sentencing order to the principal
14		or chief administrative officer of the school. Access to such
15		juvenile records shall be limited to the principal or chief
16		administrative officer of the school and any guidance counselor
17		designated by him or her.
18		(9) Nothing contained in this Act prevents the sharing or
19		disclosure of information or records relating or pertaining to
20		juveniles subject to the provisions of the Serious Habitual
21		Offender Comprehensive Action Program when that information is
22		used to assist in the early identification and treatment of
23		habitual juvenile offenders.
24		(11) The Clerk of the Circuit Court shall report to the
25		Department of State Police, in the form and manner required by
26		the Department of State Police, the final disposition of each

HB2404 Engrossed - 43 - LRB098 07733 RLC 37811 b
1		minor who has been arrested or taken into custody before his or
2		her 18th 17th birthday for those offenses required to be
3		reported under Section 5 of the Criminal Identification Act.
4		Information reported to the Department under this Section may
5		be maintained with records that the Department files under
6		Section 2.1 of the Criminal Identification Act.
7		(12) Information or records may be disclosed to the general
8		public when the court is conducting hearings under Section
9		5-805 or 5-810.
10		The changes made to this Section by this amendatory Act of
11		the 98th General Assembly apply to juvenile court records of a
12		minor who has been arrested or taken into custody on or after
13		the effective date of this amendatory Act.
14		(Source: P.A. 97-1150, eff. 1-25-13.)
15		(705 ILCS 405/5-905)
16		Sec. 5-905. Law enforcement records.
17		(1) Law Enforcement Records. Inspection and copying of law
18		enforcement records maintained by law enforcement agencies
19		that relate to a minor who has been arrested or taken into
20		custody before his or her 18th 17th birthday shall be
21		restricted to the following and when necessary for the
22		discharge of their official duties:
23		(a) A judge of the circuit court and members of the
24		staff of the court designated by the judge;
25		(b) Law enforcement officers, probation officers or

HB2404 Engrossed - 44 - LRB098 07733 RLC 37811 b
1		prosecutors or their staff, or, when necessary for the
2		discharge of its official duties in connection with a
3		particular investigation of the conduct of a law
4		enforcement officer, an independent agency or its staff
5		created by ordinance and charged by a unit of local
6		government with the duty of investigating the conduct of
7		law enforcement officers;
8		(c) The minor, the minor's parents or legal guardian
9		and their attorneys, but only when the juvenile has been
10		charged with an offense;
11		(d) Adult and Juvenile Prisoner Review Boards;
12		(e) Authorized military personnel;
13		(f) Persons engaged in bona fide research, with the
14		permission of the judge of juvenile court and the chief
15		executive of the agency that prepared the particular
16		recording: provided that publication of such research
17		results in no disclosure of a minor's identity and protects
18		the confidentiality of the record;
19		(g) Individuals responsible for supervising or
20		providing temporary or permanent care and custody of minors
21		pursuant to orders of the juvenile court or directives from
22		officials of the Department of Children and Family Services
23		or the Department of Human Services who certify in writing
24		that the information will not be disclosed to any other
25		party except as provided under law or order of court;
26		(h) The appropriate school official only if the agency

HB2404 Engrossed - 45 - LRB098 07733 RLC 37811 b
1		or officer believes that there is an imminent threat of
2		physical harm to students, school personnel, or others who
3		are present in the school or on school grounds.
4		(A) Inspection and copying shall be limited to law
5		enforcement records transmitted to the appropriate
6		school official or officials whom the school has
7		determined to have a legitimate educational or safety
8		interest by a local law enforcement agency under a
9		reciprocal reporting system established and maintained
10		between the school district and the local law
11		enforcement agency under Section 10-20.14 of the
12		School Code concerning a minor enrolled in a school
13		within the school district who has been arrested or
14		taken into custody for any of the following offenses:
15		(i) any violation of Article 24 of the Criminal
16		Code of 1961 or the Criminal Code of 2012;
17		(ii) a violation of the Illinois Controlled
18		Substances Act;
19		(iii) a violation of the Cannabis Control Act;
20		(iv) a forcible felony as defined in Section
21		2-8 of the Criminal Code of 1961 or the Criminal
22		Code of 2012;
23		(v) a violation of the Methamphetamine Control
24		and Community Protection Act;
25		(vi) a violation of Section 1-2 of the
26		Harassing and Obscene Communications Act;

HB2404 Engrossed - 46 - LRB098 07733 RLC 37811 b
1		(vii) a violation of the Hazing Act; or
2		(viii) a violation of Section 12-1, 12-2,
3		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
4		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
5		Criminal Code of 1961 or the Criminal Code of 2012.
6		The information derived from the law enforcement
7		records shall be kept separate from and shall not
8		become a part of the official school record of that
9		child and shall not be a public record. The information
10		shall be used solely by the appropriate school official
11		or officials whom the school has determined to have a
12		legitimate educational or safety interest to aid in the
13		proper rehabilitation of the child and to protect the
14		safety of students and employees in the school. If the
15		designated law enforcement and school officials deem
16		it to be in the best interest of the minor, the student
17		may be referred to in-school or community based social
18		services if those services are available.
19		"Rehabilitation services" may include interventions by
20		school support personnel, evaluation for eligibility
21		for special education, referrals to community-based
22		agencies such as youth services, behavioral healthcare
23		service providers, drug and alcohol prevention or
24		treatment programs, and other interventions as deemed
25		appropriate for the student.
26		(B) Any information provided to appropriate school

HB2404 Engrossed - 47 - LRB098 07733 RLC 37811 b
1		officials whom the school has determined to have a
2		legitimate educational or safety interest by local law
3		enforcement officials about a minor who is the subject
4		of a current police investigation that is directly
5		related to school safety shall consist of oral
6		information only, and not written law enforcement
7		records, and shall be used solely by the appropriate
8		school official or officials to protect the safety of
9		students and employees in the school and aid in the
10		proper rehabilitation of the child. The information
11		derived orally from the local law enforcement
12		officials shall be kept separate from and shall not
13		become a part of the official school record of the
14		child and shall not be a public record. This limitation
15		on the use of information about a minor who is the
16		subject of a current police investigation shall in no
17		way limit the use of this information by prosecutors in
18		pursuing criminal charges arising out of the
19		information disclosed during a police investigation of
20		the minor. For purposes of this paragraph,
21		"investigation" means an official systematic inquiry
22		by a law enforcement agency into actual or suspected
23		criminal activity;
24		(i) The president of a park district. Inspection and
25		copying shall be limited to law enforcement records
26		transmitted to the president of the park district by the

HB2404 Engrossed - 48 - LRB098 07733 RLC 37811 b
1		Illinois State Police under Section 8-23 of the Park
2		District Code or Section 16a-5 of the Chicago Park District
3		Act concerning a person who is seeking employment with that
4		park district and who has been adjudicated a juvenile
5		delinquent for any of the offenses listed in subsection (c)
6		of Section 8-23 of the Park District Code or subsection (c)
7		of Section 16a-5 of the Chicago Park District Act.
8		(2) Information identifying victims and alleged victims of
9		sex offenses, shall not be disclosed or open to public
10		inspection under any circumstances. Nothing in this Section
11		shall prohibit the victim or alleged victim of any sex offense
12		from voluntarily disclosing his or her identity.
13		(2.5) If the minor is a victim of aggravated battery,
14		battery, attempted first degree murder, or other non-sexual
15		violent offense, the identity of the victim may be disclosed to
16		appropriate school officials, for the purpose of preventing
17		foreseeable future violence involving minors, by a local law
18		enforcement agency pursuant to an agreement established
19		between the school district and a local law enforcement agency
20		subject to the approval by the presiding judge of the juvenile
21		court.
22		(3) Relevant information, reports and records shall be made
23		available to the Department of Juvenile Justice when a juvenile
24		offender has been placed in the custody of the Department of
25		Juvenile Justice.
26		(4) Nothing in this Section shall prohibit the inspection

HB2404 Engrossed - 49 - LRB098 07733 RLC 37811 b
1		or disclosure to victims and witnesses of photographs contained
2		in the records of law enforcement agencies when the inspection
3		or disclosure is conducted in the presence of a law enforcement
4		officer for purposes of identification or apprehension of any
5		person in the course of any criminal investigation or
6		prosecution.
7		(5) The records of law enforcement officers, or of an
8		independent agency created by ordinance and charged by a unit
9		of local government with the duty of investigating the conduct
10		of law enforcement officers, concerning all minors under 18 17
11		years of age must be maintained separate from the records of
12		adults and may not be open to public inspection or their
13		contents disclosed to the public except by order of the court
14		or when the institution of criminal proceedings has been
15		permitted under Section 5-130 or 5-805 or required under
16		Section 5-130 or 5-805 or such a person has been convicted of a
17		crime and is the subject of pre-sentence investigation or when
18		provided by law.
19		(6) Except as otherwise provided in this subsection (6),
20		law enforcement officers, and personnel of an independent
21		agency created by ordinance and charged by a unit of local
22		government with the duty of investigating the conduct of law
23		enforcement officers, may not disclose the identity of any
24		minor in releasing information to the general public as to the
25		arrest, investigation or disposition of any case involving a
26		minor. Any victim or parent or legal guardian of a victim may

HB2404 Engrossed - 50 - LRB098 07733 RLC 37811 b
1		petition the court to disclose the name and address of the
2		minor and the minor's parents or legal guardian, or both. Upon
3		a finding by clear and convincing evidence that the disclosure
4		is either necessary for the victim to pursue a civil remedy
5		against the minor or the minor's parents or legal guardian, or
6		both, or to protect the victim's person or property from the
7		minor, then the court may order the disclosure of the
8		information to the victim or to the parent or legal guardian of
9		the victim only for the purpose of the victim pursuing a civil
10		remedy against the minor or the minor's parents or legal
11		guardian, or both, or to protect the victim's person or
12		property from the minor.
13		(7) Nothing contained in this Section shall prohibit law
14		enforcement agencies when acting in their official capacity
15		from communicating with each other by letter, memorandum,
16		teletype or intelligence alert bulletin or other means the
17		identity or other relevant information pertaining to a person
18		under 18 17 years of age. The information provided under this
19		subsection (7) shall remain confidential and shall not be
20		publicly disclosed, except as otherwise allowed by law.
21		(8) No person shall disclose information under this Section
22		except when acting in his or her official capacity and as
23		provided by law or order of court.
24		The changes made to this Section by this amendatory Act of
25		the 98th General Assembly apply to law enforcement records of a
26		minor who has been arrested or taken into custody on or after

HB2404 Engrossed - 51 - LRB098 07733 RLC 37811 b
1		the effective date of this amendatory Act.
2		(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11;
3		97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; 97-1150, eff.
4		1-25-13.)
5		(705 ILCS 405/5-915)
6		Sec. 5-915. Expungement of juvenile law enforcement and
7		court records.
8		(0.05) For purposes of this Section and Section 5-622:
9		"Expunge" means to physically destroy the records and
10		to obliterate the minor's name from any official index or
11		public record, or both. Nothing in this Act shall require
12		the physical destruction of the internal office records,
13		files, or databases maintained by a State's Attorney's
14		Office or other prosecutor.
15		"Law enforcement record" includes but is not limited to
16		records of arrest, station adjustments, fingerprints,
17		probation adjustments, the issuance of a notice to appear,
18		or any other records maintained by a law enforcement agency
19		relating to a minor suspected of committing an offense.
20		(1) Whenever any person has attained the age of 18 17 or
21		whenever all juvenile court proceedings relating to that person
22		have been terminated, whichever is later, the person may
23		petition the court to expunge law enforcement records relating
24		to incidents occurring before his or her 18th 17th birthday or
25		his or her juvenile court records, or both, but only in the

HB2404 Engrossed - 52 - LRB098 07733 RLC 37811 b
1		following circumstances:
2		(a) the minor was arrested and no petition for
3		delinquency was filed with the clerk of the circuit court;
4		or
5		(b) the minor was charged with an offense and was found
6		not delinquent of that offense; or
7		(c) the minor was placed under supervision pursuant to
8		Section 5-615, and the order of supervision has since been
9		successfully terminated; or
10		(d) the minor was adjudicated for an offense which
11		would be a Class B misdemeanor, Class C misdemeanor, or a
12		petty or business offense if committed by an adult.
13		(2) Any person may petition the court to expunge all law
14		enforcement records relating to any incidents occurring before
15		his or her 18th 17th birthday which did not result in
16		proceedings in criminal court and all juvenile court records
17		with respect to any adjudications except those based upon first
18		degree murder and sex offenses which would be felonies if
19		committed by an adult, if the person for whom expungement is
20		sought has had no convictions for any crime since his or her
21		18th 17th birthday and:
22		(a) has attained the age of 21 years; or
23		(b) 5 years have elapsed since all juvenile court
24		proceedings relating to him or her have been terminated or
25		his or her commitment to the Department of Juvenile Justice
26		pursuant to this Act has been terminated;

HB2404 Engrossed - 53 - LRB098 07733 RLC 37811 b
1		whichever is later of (a) or (b). Nothing in this Section 5-915
2		precludes a minor from obtaining expungement under Section
3		5-622.
4		(2.5) If a minor is arrested and no petition for
5		delinquency is filed with the clerk of the circuit court as
6		provided in paragraph (a) of subsection (1) at the time the
7		minor is released from custody, the youth officer, if
8		applicable, or other designated person from the arresting
9		agency, shall notify verbally and in writing to the minor or
10		the minor's parents or guardians that if the State's Attorney
11		does not file a petition for delinquency, the minor has a right
12		to petition to have his or her arrest record expunged when the
13		minor attains the age of 18 17 or when all juvenile court
14		proceedings relating to that minor have been terminated and
15		that unless a petition to expunge is filed, the minor shall
16		have an arrest record and shall provide the minor and the
17		minor's parents or guardians with an expungement information
18		packet, including a petition to expunge juvenile records
19		obtained from the clerk of the circuit court.
20		(2.6) If a minor is charged with an offense and is found
21		not delinquent of that offense; or if a minor is placed under
22		supervision under Section 5-615, and the order of supervision
23		is successfully terminated; or if a minor is adjudicated for an
24		offense that would be a Class B misdemeanor, a Class C
25		misdemeanor, or a business or petty offense if committed by an
26		adult; or if a minor has incidents occurring before his or her

HB2404 Engrossed - 54 - LRB098 07733 RLC 37811 b
1		18th 17th birthday that have not resulted in proceedings in
2		criminal court, or resulted in proceedings in juvenile court,
3		and the adjudications were not based upon first degree murder
4		or sex offenses that would be felonies if committed by an
5		adult; then at the time of sentencing or dismissal of the case,
6		the judge shall inform the delinquent minor of his or her right
7		to petition for expungement as provided by law, and the clerk
8		of the circuit court shall provide an expungement information
9		packet to the delinquent minor, written in plain language,
10		including a petition for expungement, a sample of a completed
11		petition, expungement instructions that shall include
12		information informing the minor that (i) once the case is
13		expunged, it shall be treated as if it never occurred, (ii) he
14		or she may apply to have petition fees waived, (iii) once he or
15		she obtains an expungement, he or she may not be required to
16		disclose that he or she had a juvenile record, and (iv) he or
17		she may file the petition on his or her own or with the
18		assistance of an attorney. The failure of the judge to inform
19		the delinquent minor of his or her right to petition for
20		expungement as provided by law does not create a substantive
21		right, nor is that failure grounds for: (i) a reversal of an
22		adjudication of delinquency, (ii) a new trial; or (iii) an
23		appeal.
24		(2.7) For counties with a population over 3,000,000, the
25		clerk of the circuit court shall send a "Notification of a
26		Possible Right to Expungement" post card to the minor at the

HB2404 Engrossed - 55 - LRB098 07733 RLC 37811 b
1		address last received by the clerk of the circuit court on the
2		date that the minor attains the age of 18 17 based on the
3		birthdate provided to the court by the minor or his or her
4		guardian in cases under paragraphs (b), (c), and (d) of
5		subsection (1); and when the minor attains the age of 21 based
6		on the birthdate provided to the court by the minor or his or
7		her guardian in cases under subsection (2).
8		(2.8) The petition for expungement for subsection (1) shall
9		be substantially in the following form:
10		IN THE CIRCUIT COURT OF ......, ILLINOIS
11		........ JUDICIAL CIRCUIT
12		IN THE INTEREST OF ) NO.
13		)
14		)
15		...................)
16		(Name of Petitioner)
17		PETITION TO EXPUNGE JUVENILE RECORDS
18		(705 ILCS 405/5-915 (SUBSECTION 1))
19		(Please prepare a separate petition for each offense)
20		Now comes ............., petitioner, and respectfully requests
21		that this Honorable Court enter an order expunging all juvenile
22		law enforcement and court records of petitioner and in support
23		thereof states that: Petitioner has attained the age of 18 17,
24		his/her birth date being ......, or all Juvenile Court

HB2404 Engrossed - 56 - LRB098 07733 RLC 37811 b
1		proceedings terminated as of ......, whichever occurred later.
2		Petitioner was arrested on ..... by the ....... Police
3		Department for the offense of ......., and:
4		(Check One:)
5		( ) a. no petition was filed with the Clerk of the Circuit
6		Court.
7		( ) b. was charged with ...... and was found not delinquent of
8		the offense.
9		( ) c. a petition was filed and the petition was dismissed
10		without a finding of delinquency on .....
11		( ) d. on ....... placed under supervision pursuant to Section
12		5-615 of the Juvenile Court Act of 1987 and such order of
13		supervision successfully terminated on ........
14		( ) e. was adjudicated for the offense, which would have been a
15		Class B misdemeanor, a Class C misdemeanor, or a petty offense
16		or business offense if committed by an adult.
17		Petitioner .... has .... has not been arrested on charges in
18		this or any county other than the charges listed above. If
19		petitioner has been arrested on additional charges, please list
20		the charges below:
21		Charge(s): ......
22		Arresting Agency or Agencies: ...........
23		Disposition/Result: (choose from a. through e., above): .....
24		WHEREFORE, the petitioner respectfully requests this Honorable
25		Court to (1) order all law enforcement agencies to expunge all
26		records of petitioner to this incident, and (2) to order the

HB2404 Engrossed - 57 - LRB098 07733 RLC 37811 b
1		Clerk of the Court to expunge all records concerning the
2		petitioner regarding this incident.
3		......................
4		Petitioner (Signature)
5		..........................
6		Petitioner's Street Address
7		.....................
8		City, State, Zip Code
9		.............................
10		Petitioner's Telephone Number
11		Pursuant to the penalties of perjury under the Code of Civil
12		Procedure, 735 ILCS 5/1-109, I hereby certify that the
13		statements in this petition are true and correct, or on
14		information and belief I believe the same to be true.
15		......................
16		Petitioner (Signature)
17		The Petition for Expungement for subsection (2) shall be
18		substantially in the following form:
19		IN THE CIRCUIT COURT OF ........, ILLINOIS

HB2404 Engrossed - 58 - LRB098 07733 RLC 37811 b
1		........ JUDICIAL CIRCUIT
2		IN THE INTEREST OF ) NO.
3		)
4		)
5		...................)
6		(Name of Petitioner)
7		PETITION TO EXPUNGE JUVENILE RECORDS
8		(705 ILCS 405/5-915 (SUBSECTION 2))
9		(Please prepare a separate petition for each offense)
10		Now comes ............, petitioner, and respectfully requests
11		that this Honorable Court enter an order expunging all Juvenile
12		Law Enforcement and Court records of petitioner and in support
13		thereof states that:
14		The incident for which the Petitioner seeks expungement
15		occurred before the Petitioner's 18th 17th birthday and did not
16		result in proceedings in criminal court and the Petitioner has
17		not had any convictions for any crime since his/her 18th 17th
18		birthday; and
19		The incident for which the Petitioner seeks expungement
20		occurred before the Petitioner's 18th 17th birthday and the
21		adjudication was not based upon first-degree murder or sex
22		offenses which would be felonies if committed by an adult, and
23		the Petitioner has not had any convictions for any crime since
24		his/her 18th 17th birthday.

HB2404 Engrossed - 59 - LRB098 07733 RLC 37811 b
1		Petitioner was arrested on ...... by the ....... Police
2		Department for the offense of ........, and:
3		(Check whichever one occurred the latest:)
4		( ) a. The Petitioner has attained the age of 21 years, his/her
5		birthday being .......; or
6		( ) b. 5 years have elapsed since all juvenile court
7		proceedings relating to the Petitioner have been terminated; or
8		the Petitioner's commitment to the Department of Juvenile
9		Justice pursuant to the expungement of juvenile law enforcement
10		and court records provisions of the Juvenile Court Act of 1987
11		has been terminated. Petitioner ...has ...has not been arrested
12		on charges in this or any other county other than the charge
13		listed above. If petitioner has been arrested on additional
14		charges, please list the charges below:
15		Charge(s): ..........
16		Arresting Agency or Agencies: .......
17		Disposition/Result: (choose from a or b, above): ..........
18		WHEREFORE, the petitioner respectfully requests this Honorable
19		Court to (1) order all law enforcement agencies to expunge all
20		records of petitioner related to this incident, and (2) to
21		order the Clerk of the Court to expunge all records concerning
22		the petitioner regarding this incident.
23		.......................
24		Petitioner (Signature)

HB2404 Engrossed - 60 - LRB098 07733 RLC 37811 b
1		......................
2		Petitioner's Street Address
3		.....................
4		City, State, Zip Code
5		.............................
6		Petitioner's Telephone Number
7		Pursuant to the penalties of perjury under the Code of Civil
8		Procedure, 735 ILCS 5/1-109, I hereby certify that the
9		statements in this petition are true and correct, or on
10		information and belief I believe the same to be true.
11		......................
12		Petitioner (Signature)
13		(3) The chief judge of the circuit in which an arrest was
14		made or a charge was brought or any judge of that circuit
15		designated by the chief judge may, upon verified petition of a
16		person who is the subject of an arrest or a juvenile court
17		proceeding under subsection (1) or (2) of this Section, order
18		the law enforcement records or official court file, or both, to
19		be expunged from the official records of the arresting
20		authority, the clerk of the circuit court and the Department of
21		State Police. The person whose records are to be expunged shall
22		petition the court using the appropriate form containing his or
23		her current address and shall promptly notify the clerk of the
24		circuit court of any change of address. Notice of the petition

HB2404 Engrossed - 61 - LRB098 07733 RLC 37811 b
1		shall be served upon the State's Attorney or prosecutor charged
2		with the duty of prosecuting the offense, the Department of
3		State Police, and the arresting agency or agencies by the clerk
4		of the circuit court. If an objection is filed within 45 days
5		of the notice of the petition, the clerk of the circuit court
6		shall set a date for hearing after the 45 day objection period.
7		At the hearing the court shall hear evidence on whether the
8		expungement should or should not be granted. Unless the State's
9		Attorney or prosecutor, the Department of State Police, or an
10		arresting agency objects to the expungement within 45 days of
11		the notice, the court may enter an order granting expungement.
12		The person whose records are to be expunged shall pay the clerk
13		of the circuit court a fee equivalent to the cost associated
14		with expungement of records by the clerk and the Department of
15		State Police. The clerk shall forward a certified copy of the
16		order to the Department of State Police, the appropriate
17		portion of the fee to the Department of State Police for
18		processing, and deliver a certified copy of the order to the
19		arresting agency.
20		(3.1) The Notice of Expungement shall be in substantially
21		the following form:
22		IN THE CIRCUIT COURT OF ....., ILLINOIS
23		.... JUDICIAL CIRCUIT
24		IN THE INTEREST OF ) NO.
25		)

HB2404 Engrossed - 62 - LRB098 07733 RLC 37811 b
1		)
2		...................)
3		(Name of Petitioner)
4		NOTICE
5		TO: State's Attorney
6		TO: Arresting Agency
7
8		................
9		................
10
11		................
12		................
13		TO: Illinois State Police
14
15		.....................
16
17		.....................
18		ATTENTION: Expungement
19		You are hereby notified that on ....., at ....., in courtroom
20		..., located at ..., before the Honorable ..., Judge, or any
21		judge sitting in his/her stead, I shall then and there present
22		a Petition to Expunge Juvenile records in the above-entitled
23		matter, at which time and place you may appear.
24		......................
25		Petitioner's Signature

HB2404 Engrossed - 63 - LRB098 07733 RLC 37811 b
1		...........................
2		Petitioner's Street Address
3		.....................
4		City, State, Zip Code
5		.............................
6		Petitioner's Telephone Number
7		PROOF OF SERVICE
8		On the ....... day of ......, 20..., I on oath state that I
9		served this notice and true and correct copies of the
10		above-checked documents by:
11		(Check One:)
12		delivering copies personally to each entity to whom they are
13		directed;
14		or
15		by mailing copies to each entity to whom they are directed by
16		depositing the same in the U.S. Mail, proper postage fully
17		prepaid, before the hour of 5:00 p.m., at the United States
18		Postal Depository located at .................
19		.........................................
20
21		Signature
22		Clerk of the Circuit Court or Deputy Clerk
23		Printed Name of Delinquent Minor/Petitioner: ....
24		Address: ........................................
25		Telephone Number: ...............................
26		(3.2) The Order of Expungement shall be in substantially

HB2404 Engrossed - 64 - LRB098 07733 RLC 37811 b
1		the following form:
2		IN THE CIRCUIT COURT OF ....., ILLINOIS
3		.... JUDICIAL CIRCUIT
4		IN THE INTEREST OF ) NO.
5		)
6		)
7		...................)
8		(Name of Petitioner)
9		DOB ................
10		Arresting Agency/Agencies ......
11		ORDER OF EXPUNGEMENT
12		(705 ILCS 405/5-915 (SUBSECTION 3))
13		This matter having been heard on the petitioner's motion and
14		the court being fully advised in the premises does find that
15		the petitioner is indigent or has presented reasonable cause to
16		waive all costs in this matter, IT IS HEREBY ORDERED that:
17		( ) 1. Clerk of Court and Department of State Police costs
18		are hereby waived in this matter.
19		( ) 2. The Illinois State Police Bureau of Identification
20		and the following law enforcement agencies expunge all records
21		of petitioner relating to an arrest dated ...... for the
22		offense of ......
23		Law Enforcement Agencies:
24		.........................

HB2404 Engrossed - 65 - LRB098 07733 RLC 37811 b
1		.........................
2		( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
3		Court expunge all records regarding the above-captioned case.
4		ENTER: ......................
5
6		JUDGE
7		DATED: .......
8		Name:
9		Attorney for:
10		Address: City/State/Zip:
11		Attorney Number:
12		(3.3) The Notice of Objection shall be in substantially the
13		following form:
14		IN THE CIRCUIT COURT OF ....., ILLINOIS
15		....................... JUDICIAL CIRCUIT
16		IN THE INTEREST OF ) NO.
17		)
18		)
19		...................)
20		(Name of Petitioner)
21		NOTICE OF OBJECTION
22		TO:(Attorney, Public Defender, Minor)
23		.................................
24		.................................

HB2404 Engrossed - 66 - LRB098 07733 RLC 37811 b
1		TO:(Illinois State Police)
2		.................................
3		.................................
4		TO:(Clerk of the Court)
5		.................................
6		.................................
7		TO:(Judge)
8		.................................
9		.................................
10		TO:(Arresting Agency/Agencies)
11		.................................
12		.................................
13		ATTENTION: You are hereby notified that an objection has been
14		filed by the following entity regarding the above-named minor's
15		petition for expungement of juvenile records:
16		( ) State's Attorney's Office;
17		( ) Prosecutor (other than State's Attorney's Office) charged
18		with the duty of prosecuting the offense sought to be expunged;
19		( ) Department of Illinois State Police; or
20		( ) Arresting Agency or Agencies.
21		The agency checked above respectfully requests that this case
22		be continued and set for hearing on whether the expungement
23		should or should not be granted.
24		DATED: .......
25		Name:
26		Attorney For:

HB2404 Engrossed - 67 - LRB098 07733 RLC 37811 b
1		Address:
2		City/State/Zip:
3		Telephone:
4		Attorney No.:
5		FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
6		This matter has been set for hearing on the foregoing
7		objection, on ...... in room ...., located at ....., before the
8		Honorable ....., Judge, or any judge sitting in his/her stead.
9		(Only one hearing shall be set, regardless of the number of
10		Notices of Objection received on the same case).
11		A copy of this completed Notice of Objection containing the
12		court date, time, and location, has been sent via regular U.S.
13		Mail to the following entities. (If more than one Notice of
14		Objection is received on the same case, each one must be
15		completed with the court date, time and location and mailed to
16		the following entities):
17		( ) Attorney, Public Defender or Minor;
18		( ) State's Attorney's Office;
19		( ) Prosecutor (other than State's Attorney's Office) charged
20		with the duty of prosecuting the offense sought to be expunged;
21		( ) Department of Illinois State Police; and
22		( ) Arresting agency or agencies.
23		Date: ......
24		Initials of Clerk completing this section: .....
25		(4) Upon entry of an order expunging records or files, the
26		offense, which the records or files concern shall be treated as

HB2404 Engrossed - 68 - LRB098 07733 RLC 37811 b
1		if it never occurred. Law enforcement officers and other public
2		offices and agencies shall properly reply on inquiry that no
3		record or file exists with respect to the person.
4		(5) Records which have not been expunged are sealed, and
5		may be obtained only under the provisions of Sections 5-901,
6		5-905 and 5-915.
7		(6) Nothing in this Section shall be construed to prohibit
8		the maintenance of information relating to an offense after
9		records or files concerning the offense have been expunged if
10		the information is kept in a manner that does not enable
11		identification of the offender. This information may only be
12		used for statistical and bona fide research purposes.
13		(7)(a) The State Appellate Defender shall establish,
14		maintain, and carry out, by December 31, 2004, a juvenile
15		expungement program to provide information and assistance to
16		minors eligible to have their juvenile records expunged.
17		(b) The State Appellate Defender shall develop brochures,
18		pamphlets, and other materials in printed form and through the
19		agency's World Wide Web site. The pamphlets and other materials
20		shall include at a minimum the following information:
21		(i) An explanation of the State's juvenile expungement
22		process;
23		(ii) The circumstances under which juvenile
24		expungement may occur;
25		(iii) The juvenile offenses that may be expunged;
26		(iv) The steps necessary to initiate and complete the

HB2404 Engrossed - 69 - LRB098 07733 RLC 37811 b
1		juvenile expungement process; and
2		(v) Directions on how to contact the State Appellate
3		Defender.
4		(c) The State Appellate Defender shall establish and
5		maintain a statewide toll-free telephone number that a person
6		may use to receive information or assistance concerning the
7		expungement of juvenile records. The State Appellate Defender
8		shall advertise the toll-free telephone number statewide. The
9		State Appellate Defender shall develop an expungement
10		information packet that may be sent to eligible persons seeking
11		expungement of their juvenile records, which may include, but
12		is not limited to, a pre-printed expungement petition with
13		instructions on how to complete the petition and a pamphlet
14		containing information that would assist individuals through
15		the juvenile expungement process.
16		(d) The State Appellate Defender shall compile a statewide
17		list of volunteer attorneys willing to assist eligible
18		individuals through the juvenile expungement process.
19		(e) This Section shall be implemented from funds
20		appropriated by the General Assembly to the State Appellate
21		Defender for this purpose. The State Appellate Defender shall
22		employ the necessary staff and adopt the necessary rules for
23		implementation of this Section.
24		(8)(a) Except with respect to law enforcement agencies, the
25		Department of Corrections, State's Attorneys, or other
26		prosecutors, an expunged juvenile record may not be considered

HB2404 Engrossed - 70 - LRB098 07733 RLC 37811 b
1		by any private or public entity in employment matters,
2		certification, licensing, revocation of certification or
3		licensure, or registration. Applications for employment must
4		contain specific language that states that the applicant is not
5		obligated to disclose expunged juvenile records of conviction
6		or arrest. Employers may not ask if an applicant has had a
7		juvenile record expunged. Effective January 1, 2005, the
8		Department of Labor shall develop a link on the Department's
9		website to inform employers that employers may not ask if an
10		applicant had a juvenile record expunged and that application
11		for employment must contain specific language that states that
12		the applicant is not obligated to disclose expunged juvenile
13		records of arrest or conviction.
14		(b) A person whose juvenile records have been expunged is
15		not entitled to remission of any fines, costs, or other money
16		paid as a consequence of expungement. This amendatory Act of
17		the 93rd General Assembly does not affect the right of the
18		victim of a crime to prosecute or defend a civil action for
19		damages.
20		(c) The expungement of juvenile records under Section 5-622
21		shall be funded by the additional fine imposed under Section
22		5-9-1.17 of the Unified Code of Corrections and additional
23		appropriations made by the General Assembly for such purpose.
24		The changes made to this Section by this amendatory Act of
25		the 98th General Assembly apply to law enforcement records of a
26		minor who has been arrested or taken into custody on or after

HB2404 Engrossed - 71 - LRB098 07733 RLC 37811 b
1		the effective date of this amendatory Act.
2		(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)