Bill Text: IL HB4058 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced) 2024-04-26 - Added Co-Sponsor Rep. Tony M. McCombie [HB4058 Detail]
Download: Illinois-2023-HB4058-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 1-7 as follows:
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6 | (705 ILCS 405/1-7)
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7 | Sec. 1-7. Confidentiality of juvenile law enforcement and | |||||||||||||||||||
8 | municipal ordinance violation records.
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9 | (A) All juvenile law enforcement records which have not | |||||||||||||||||||
10 | been expunged are confidential and may never be disclosed to | |||||||||||||||||||
11 | the general public or otherwise made widely available. | |||||||||||||||||||
12 | Juvenile law enforcement records may be obtained only under | |||||||||||||||||||
13 | this Section and Section 1-8 and Part 9 of Article V of this | |||||||||||||||||||
14 | Act, when their use is needed for good cause and with an order | |||||||||||||||||||
15 | from the juvenile court, as required by those not authorized | |||||||||||||||||||
16 | to retain them. Inspection, copying, and disclosure of | |||||||||||||||||||
17 | juvenile law enforcement records maintained by law
enforcement | |||||||||||||||||||
18 | agencies or records of municipal ordinance violations | |||||||||||||||||||
19 | maintained by any State, local, or municipal agency that | |||||||||||||||||||
20 | relate to a minor who has been investigated, arrested, or | |||||||||||||||||||
21 | taken
into custody before his or her 18th birthday shall be | |||||||||||||||||||
22 | restricted to the
following:
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23 | (0.05) The minor who is the subject of the juvenile |
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1 | law enforcement record, his or her parents, guardian, and | ||||||
2 | counsel. | ||||||
3 | (0.10) Judges of the circuit court and members of the | ||||||
4 | staff of the court designated by the judge. | ||||||
5 | (0.15) An administrative adjudication hearing officer | ||||||
6 | or members of the staff designated to assist in the | ||||||
7 | administrative adjudication process. | ||||||
8 | (1) Any local, State, or federal law enforcement | ||||||
9 | officers or designated law enforcement staff of any
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10 | jurisdiction or agency when necessary for the discharge of | ||||||
11 | their official
duties during the investigation or | ||||||
12 | prosecution of a crime or relating to a
minor who has been | ||||||
13 | adjudicated delinquent and there has been a previous | ||||||
14 | finding
that the act which constitutes the previous | ||||||
15 | offense was committed in
furtherance of criminal | ||||||
16 | activities by a criminal street gang, or, when necessary | ||||||
17 | for the discharge of its official duties in connection | ||||||
18 | with a particular investigation of the conduct of a law | ||||||
19 | enforcement officer, an independent agency or its staff | ||||||
20 | created by ordinance and charged by a unit of local | ||||||
21 | government with the duty of investigating the conduct of | ||||||
22 | law enforcement officers. For purposes of
this Section, | ||||||
23 | "criminal street gang" has the meaning ascribed to it in
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24 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
25 | Prevention Act.
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26 | (2) Prosecutors, public defenders, probation officers, |
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1 | social workers, or other
individuals assigned by the court | ||||||
2 | to conduct a pre-adjudication or
pre-disposition | ||||||
3 | investigation, and individuals responsible for supervising
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4 | or providing temporary or permanent care and custody for | ||||||
5 | minors under
the order of the juvenile court, when | ||||||
6 | essential to performing their
responsibilities.
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7 | (3) Federal, State, or local prosecutors, public | ||||||
8 | defenders, probation officers, and designated staff:
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9 | (a) in the course of a trial when institution of | ||||||
10 | criminal proceedings
has been permitted or required | ||||||
11 | under Section 5-805;
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12 | (b) when institution of criminal proceedings has | ||||||
13 | been permitted or required under Section 5-805 and the | ||||||
14 | minor is the
subject
of a proceeding to determine the | ||||||
15 | conditions of pretrial release;
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16 | (c) when criminal proceedings have been permitted
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17 | or
required under Section 5-805 and the minor is the | ||||||
18 | subject of a
pre-trial
investigation, pre-sentence | ||||||
19 | investigation, fitness hearing, or proceedings
on an | ||||||
20 | application for probation; or
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21 | (d) in the course of prosecution or administrative | ||||||
22 | adjudication of a violation of a traffic, boating, or | ||||||
23 | fish and game law, or a county or municipal ordinance. | ||||||
24 | (4) Adult and Juvenile Prisoner Review Board.
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25 | (5) Authorized military personnel.
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26 | (5.5) Employees of the federal government authorized |
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1 | by law. | ||||||
2 | (6) Persons engaged in bona fide research, with the | ||||||
3 | permission of the
Presiding Judge and the chief executive | ||||||
4 | of the respective
law enforcement agency; provided that | ||||||
5 | publication of such research results
in no disclosure of a | ||||||
6 | minor's identity and protects the confidentiality
of the | ||||||
7 | minor's record.
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8 | (7) Department of Children and Family Services child | ||||||
9 | protection
investigators acting in their official | ||||||
10 | capacity.
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11 | (8) The appropriate school official only if the agency | ||||||
12 | or officer believes that there is an imminent threat of | ||||||
13 | physical harm to students, school personnel, or others. | ||||||
14 | (A) Inspection and copying
shall be limited to | ||||||
15 | juvenile law enforcement records transmitted to the | ||||||
16 | appropriate
school official or officials whom the | ||||||
17 | school has determined to have a legitimate educational | ||||||
18 | or safety interest by a local law enforcement agency | ||||||
19 | under a reciprocal reporting
system established and | ||||||
20 | maintained between the school district and the local | ||||||
21 | law
enforcement agency under Section 10-20.14 of the | ||||||
22 | School Code concerning a minor
enrolled in a school | ||||||
23 | within the school district who has been arrested or | ||||||
24 | taken
into custody for any of the following offenses:
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25 | (i) any violation of Article 24 of the | ||||||
26 | Criminal Code of
1961 or the Criminal Code of |
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1 | 2012;
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2 | (ii) a violation of the Illinois Controlled | ||||||
3 | Substances Act;
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4 | (iii) a violation of the Cannabis Control Act;
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5 | (iv) a forcible felony as defined in Section | ||||||
6 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
7 | Code of 2012; | ||||||
8 | (v) a violation of the Methamphetamine Control | ||||||
9 | and Community Protection Act;
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10 | (vi) a violation of Section 1-2 of the | ||||||
11 | Harassing and Obscene Communications Act; | ||||||
12 | (vii) a violation of the Hazing Act; or | ||||||
13 | (viii) a violation of Section 12-1, 12-2, | ||||||
14 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
15 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012. | ||||||
18 | The information derived from the juvenile law | ||||||
19 | enforcement records shall be kept separate from and | ||||||
20 | shall not become a part of the official school record | ||||||
21 | of that child and shall not be a public record. The | ||||||
22 | information shall be used solely by the appropriate | ||||||
23 | school official or officials whom the school has | ||||||
24 | determined to have a legitimate educational or safety | ||||||
25 | interest to aid in the proper rehabilitation of the | ||||||
26 | child and to protect the safety of students and |
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1 | employees in the school. If the designated law | ||||||
2 | enforcement and school officials deem it to be in the | ||||||
3 | best interest of the minor, the student may be | ||||||
4 | referred to in-school or community-based social | ||||||
5 | services if those services are available. | ||||||
6 | "Rehabilitation services" may include interventions by | ||||||
7 | school support personnel, evaluation for eligibility | ||||||
8 | for special education, referrals to community-based | ||||||
9 | agencies such as youth services, behavioral healthcare | ||||||
10 | service providers, drug and alcohol prevention or | ||||||
11 | treatment programs, and other interventions as deemed | ||||||
12 | appropriate for the student. | ||||||
13 | (B) Any information provided to appropriate school | ||||||
14 | officials whom the school has determined to have a | ||||||
15 | legitimate educational or safety interest by local law | ||||||
16 | enforcement officials about a minor who is the subject | ||||||
17 | of a current police investigation that is directly | ||||||
18 | related to school safety shall consist of oral | ||||||
19 | information only, and not written juvenile law | ||||||
20 | enforcement records, and shall be used solely by the | ||||||
21 | appropriate school official or officials to protect | ||||||
22 | the safety of students and employees in the school and | ||||||
23 | aid in the proper rehabilitation of the child. The | ||||||
24 | information derived orally from the local law | ||||||
25 | enforcement officials shall be kept separate from and | ||||||
26 | shall not become a part of the official school record |
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1 | of the child and shall not be a public record. This | ||||||
2 | limitation on the use of information about a minor who | ||||||
3 | is the subject of a current police investigation shall | ||||||
4 | in no way limit the use of this information by | ||||||
5 | prosecutors in pursuing criminal charges arising out | ||||||
6 | of the information disclosed during a police | ||||||
7 | investigation of the minor. For purposes of this | ||||||
8 | paragraph, "investigation" means an official | ||||||
9 | systematic inquiry by a law enforcement agency into | ||||||
10 | actual or suspected criminal activity. | ||||||
11 | (9) Mental health professionals on behalf of the | ||||||
12 | Department of
Corrections or the Department of Human | ||||||
13 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
14 | or investigating a potential or actual petition
brought
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15 | under the Sexually Violent Persons Commitment Act relating | ||||||
16 | to a person who is
the
subject of juvenile law enforcement | ||||||
17 | records or the respondent to a petition
brought under the | ||||||
18 | Sexually Violent Persons Commitment Act who is the subject | ||||||
19 | of
the
juvenile law enforcement records sought.
Any | ||||||
20 | juvenile law enforcement records and any information | ||||||
21 | obtained from those juvenile law enforcement records under | ||||||
22 | this
paragraph (9) may be used only in sexually violent | ||||||
23 | persons commitment
proceedings.
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24 | (10) The president of a park district. Inspection and | ||||||
25 | copying shall be limited to juvenile law enforcement | ||||||
26 | records transmitted to the president of the park district |
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1 | by the Illinois State Police under Section 8-23 of the | ||||||
2 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
3 | District Act concerning a person who is seeking employment | ||||||
4 | with that park district and who has been adjudicated a | ||||||
5 | juvenile delinquent for any of the offenses listed in | ||||||
6 | subsection (c) of Section 8-23 of the Park District Code | ||||||
7 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
8 | District Act. | ||||||
9 | (11) Persons managing and designated to participate in | ||||||
10 | a court diversion program as designated in subsection (6) | ||||||
11 | of Section 5-105. | ||||||
12 | (12) The Public Access Counselor of the Office of the | ||||||
13 | Attorney General, when reviewing juvenile law enforcement | ||||||
14 | records under its powers and duties under the Freedom of | ||||||
15 | Information Act. | ||||||
16 | (13) Collection agencies, contracted or otherwise | ||||||
17 | engaged by a governmental entity, to collect any debts due | ||||||
18 | and owing to the governmental entity. | ||||||
19 | (14) The victim or alleged victim named in a law | ||||||
20 | enforcement record upon request by the victim, in writing, | ||||||
21 | to the law enforcement
agency for the name of the minor who | ||||||
22 | is the alleged offender named in the law enforcement | ||||||
23 | record, unless the law enforcement
agency determines that | ||||||
24 | the release of the information would impede the criminal | ||||||
25 | investigation of the case described in the law enforcement | ||||||
26 | record.
Upon receipt of the written request, the law |
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1 | enforcement agency shall provide the identity of the
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2 | offender or alleged offender to the victim within 30 days | ||||||
3 | after receipt of the request.
The victim or alleged victim | ||||||
4 | named in the law enforcement record, before receiving the | ||||||
5 | information, shall sign an affidavit provided by the law | ||||||
6 | enforcement agency stating that he or she will not | ||||||
7 | disclose the information contained in the law enforcement | ||||||
8 | record to the public, but the victim may use the | ||||||
9 | information for civil litigation purposes. The identity of | ||||||
10 | the offender or alleged offender may not be publicly | ||||||
11 | disclosed by the victim or alleged
victim, except for | ||||||
12 | civil litigation purposes. | ||||||
13 | (B)(1) Except as provided in paragraph (2), no law | ||||||
14 | enforcement
officer or other person or agency may knowingly | ||||||
15 | transmit to the Department of
Corrections, the Illinois State | ||||||
16 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
17 | or photograph relating to a minor who
has been arrested or | ||||||
18 | taken into custody before his or her 18th birthday,
unless the | ||||||
19 | court in proceedings under this Act authorizes the | ||||||
20 | transmission or
enters an order under Section 5-805 permitting | ||||||
21 | or requiring the
institution of
criminal proceedings.
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22 | (2) Law enforcement officers or other persons or agencies | ||||||
23 | shall transmit
to the Illinois State Police copies of | ||||||
24 | fingerprints and descriptions
of all minors who have been | ||||||
25 | arrested or taken into custody before their
18th birthday for | ||||||
26 | the offense of unlawful use of weapons under Article 24 of
the |
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1 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
2 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
4 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
5 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
6 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
7 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
8 | Identification Act. Information reported to the Department | ||||||
9 | pursuant
to this Section may be maintained with records that | ||||||
10 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
11 | Identification Act. Nothing in this
Act prohibits a law | ||||||
12 | enforcement agency from fingerprinting a minor taken into
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13 | custody or arrested before his or her 18th birthday for an | ||||||
14 | offense other than
those listed in this paragraph (2).
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15 | (C) The records of law enforcement officers, or of an | ||||||
16 | independent agency created by ordinance and charged by a unit | ||||||
17 | of local government with the duty of investigating the conduct | ||||||
18 | of law enforcement officers, concerning all minors under
18 | ||||||
19 | years of age must be maintained separate from the records of | ||||||
20 | arrests and
may not be open to public inspection or their | ||||||
21 | contents disclosed to the
public. For purposes of obtaining | ||||||
22 | documents under this Section, a civil subpoena is not an order | ||||||
23 | of the court. | ||||||
24 | (1) In cases where the law enforcement, or independent | ||||||
25 | agency, records concern a pending juvenile court case, the | ||||||
26 | party seeking to inspect the records shall provide actual |
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1 | notice to the attorney or guardian ad litem of the minor | ||||||
2 | whose records are sought. | ||||||
3 | (2) In cases where the records concern a juvenile | ||||||
4 | court case that is no longer pending, the party seeking to | ||||||
5 | inspect the records shall provide actual notice to the | ||||||
6 | minor or the minor's parent or legal guardian, and the | ||||||
7 | matter shall be referred to the chief judge presiding over | ||||||
8 | matters pursuant to this Act. | ||||||
9 | (3) In determining whether the records should be | ||||||
10 | available for inspection, the court shall consider the | ||||||
11 | minor's interest in confidentiality and rehabilitation | ||||||
12 | over the moving party's interest in obtaining the | ||||||
13 | information. Any records obtained in violation of this | ||||||
14 | subsection (C) shall not be admissible in any criminal or | ||||||
15 | civil proceeding, or operate to disqualify a minor from | ||||||
16 | subsequently holding public office or securing employment, | ||||||
17 | or operate as a forfeiture of any public benefit, right, | ||||||
18 | privilege, or right to receive any license granted by | ||||||
19 | public authority.
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20 | (D) Nothing contained in subsection (C) of this Section | ||||||
21 | shall prohibit
the inspection or disclosure to victims and | ||||||
22 | witnesses of photographs
contained in the records of law | ||||||
23 | enforcement agencies when the
inspection and disclosure is | ||||||
24 | conducted in the presence of a law enforcement
officer for the | ||||||
25 | purpose of the identification or apprehension of any person
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26 | subject to the provisions of this Act or for the investigation |
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1 | or
prosecution of any crime.
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2 | (E) Law enforcement officers, and personnel of an | ||||||
3 | independent agency created by ordinance and charged by a unit | ||||||
4 | of local government with the duty of investigating the conduct | ||||||
5 | of law enforcement officers, may not disclose the identity of | ||||||
6 | any minor
in releasing information to the general public as to | ||||||
7 | the arrest, investigation
or disposition of any case involving | ||||||
8 | a minor.
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9 | (F) Nothing contained in this Section shall prohibit law | ||||||
10 | enforcement
agencies from communicating with each other by | ||||||
11 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
12 | or other means the identity or other relevant
information | ||||||
13 | pertaining to a person under 18 years of age if there are
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14 | reasonable grounds to believe that the person poses a real and | ||||||
15 | present danger
to the safety of the public or law enforcement | ||||||
16 | officers. The information
provided under this subsection (F) | ||||||
17 | shall remain confidential and shall not
be publicly disclosed, | ||||||
18 | except as otherwise allowed by law.
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19 | (G) Nothing in this Section shall prohibit the right of a | ||||||
20 | Civil Service
Commission or appointing authority of any | ||||||
21 | federal government, state, county or municipality
examining | ||||||
22 | the character and fitness of an applicant for employment with | ||||||
23 | a law
enforcement agency, correctional institution, or fire | ||||||
24 | department
from obtaining and examining the
records of any law | ||||||
25 | enforcement agency relating to any record of the applicant
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26 | having been arrested or taken into custody before the |
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1 | applicant's 18th
birthday.
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2 | (G-5) Information identifying victims and alleged victims | ||||||
3 | of sex offenses shall not be disclosed or open to the public | ||||||
4 | under any circumstances. Nothing in this Section shall | ||||||
5 | prohibit the victim or alleged victim of any sex offense from | ||||||
6 | voluntarily disclosing his or her own identity. | ||||||
7 | (H) The changes made to this Section by Public Act 98-61 | ||||||
8 | apply to law enforcement records of a minor who has been | ||||||
9 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
10 | effective date of Public Act 98-61). | ||||||
11 | (H-5) Nothing in this Section shall require any court or | ||||||
12 | adjudicative proceeding for traffic, boating, fish and game | ||||||
13 | law, or municipal and county ordinance violations to be closed | ||||||
14 | to the public. | ||||||
15 | (I) Willful violation of this Section is a Class C | ||||||
16 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
17 | This subsection (I) shall not apply to the person who is the | ||||||
18 | subject of the record. | ||||||
19 | (J) A person convicted of violating this Section is liable | ||||||
20 | for damages in the amount of $1,000 or actual damages, | ||||||
21 | whichever is greater. | ||||||
22 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
23 | 102-752, eff. 1-1-23; 102-813, eff. 5-13-22 .)
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