98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4538

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

`705 ILCS 405/1-7`	`from Ch. 37, par. 801-7`
`705 ILCS 405/1-8`	`from Ch. 37, par. 801-8`
`705 ILCS 405/5-120`
`705 ILCS 405/5-407`
`705 ILCS 405/5-805`
`705 ILCS 405/5-901`
`705 ILCS 405/5-905`
`705 ILCS 405/5-130 rep.`
`725 ILCS 5/115-10.5`

Amends the Juvenile Court Act of 1987. Eliminates provisions that require automatic prosecution of minors as adults. Eliminates mandatory and presumptive transfers to adult criminal prosecution. Provides that all transfers to adult criminal prosecution are discretionary transfers. Provides that if a petition alleges commission by a minor 13 years of age

or over of
an act that constitutes a crime under the laws of the State and,

on motion of
the State's Attorney to permit prosecution of the minor under

the criminal
laws, a Juvenile Judge assigned by the Chief Judge of the

Circuit to hear and
determine those motions, after hearing but before

commencement of the
trial, finds that there is probable cause to believe

that the
allegations in the motion are true and that it is not in the best

interests
of the public to proceed under the Act, the court may enter an

order permitting prosecution under the criminal laws. Provides that the factors that the court must consider for discretionary transfer apply to any act that if committed by an adult would constitute a crime that would subject a minor to juvenile jurisdiction if not transferred for adult criminal prosecution. Provides that the changes made to this provision by the amendatory Act apply to a minor who has been arrested or taken into custody on or after the effective date of the amendatory Act. Amends the Code of Criminal Procedure of 1963 to make a conforming change.

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A BILL FOR

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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, 5-120, 5-407, 5-805, 5-810, 5-901,

6 and 5-905 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 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

7 2-8 of the Criminal Code of 1961 or the Criminal

8 Code of 2012;

9 (v) a violation of the Methamphetamine Control

10 and Community Protection Act;

11 (vi) a violation of Section 1-2 of the

12 Harassing and Obscene Communications Act;

13 (vii) a violation of the Hazing Act; or

14 (viii) a violation of Section 12-1, 12-2,

15 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

16 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

17 Criminal Code of 1961 or the Criminal Code of 2012.

18 The information derived from the law enforcement

19 records shall be kept separate from and shall not

20 become a part of the official school record of that

21 child and shall not be a public record. The information

22 shall be used solely by the appropriate school official

23 or officials whom the school has determined to have a

24 legitimate educational or safety interest to aid in the

25 proper rehabilitation of the child and to protect the

26 safety of students and employees in the school. If the

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1 designated law enforcement and school officials deem

2 it to be in the best interest of the minor, the student

3 may be referred to in-school or community based social

4 services if those services are available.

5 "Rehabilitation services" may include interventions by

6 school support personnel, evaluation for eligibility

7 for special education, referrals to community-based

8 agencies such as youth services, behavioral healthcare

9 service providers, drug and alcohol prevention or

10 treatment programs, and other interventions as deemed

11 appropriate for the student.

12 (B) Any information provided to appropriate school

13 officials whom the school has determined to have a

14 legitimate educational or safety interest by local law

15 enforcement officials about a minor who is the subject

16 of a current police investigation that is directly

17 related to school safety shall consist of oral

18 information only, and not written law enforcement

19 records, and shall be used solely by the appropriate

20 school official or officials to protect the safety of

21 students and employees in the school and aid in the

22 proper rehabilitation of the child. The information

23 derived orally from the local law enforcement

24 officials shall be kept separate from and shall not

25 become a part of the official school record of the

26 child and shall not be a public record. This limitation

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1 on the use of information about a minor who is the

2 subject of a current police investigation shall in no

3 way limit the use of this information by prosecutors in

4 pursuing criminal charges arising out of the

5 information disclosed during a police investigation of

6 the minor. For purposes of this paragraph,

7 "investigation" means an official systematic inquiry

8 by a law enforcement agency into actual or suspected

9 criminal activity.

10 (9) 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 law enforcement records or the respondent to a

17 petition brought under the Sexually Violent Persons

18 Commitment Act who is the subject of the juvenile law

19 enforcement records sought. Any records and any

20 information obtained from those records under this

21 paragraph (9) may be used only in sexually violent persons

22 commitment proceedings.

23 (10) The president of a park district. Inspection and

24 copying shall be limited to law enforcement records

25 transmitted to the president of the park district by the

26 Illinois State Police under Section 8-23 of the Park

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1 District Code or Section 16a-5 of the Chicago Park District

2 Act concerning a person who is seeking employment with that

3 park district and who has been adjudicated a juvenile

4 delinquent for any of the offenses listed in subsection (c)

5 of Section 8-23 of the Park District Code or subsection (c)

6 of Section 16a-5 of the Chicago Park District Act.

7 (B)(1) Except as provided in paragraph (2), no law

8 enforcement officer or other person or agency may knowingly

9 transmit to the Department of Corrections or the Department

10 of State Police or to the Federal Bureau of Investigation

11 any fingerprint or photograph relating to a minor who has

12 been arrested or taken into custody before his or her 18th

13 birthday, unless the court in proceedings under this Act

14 authorizes the transmission or enters an order under

15 Section 5-805 permitting or requiring the institution of

16 criminal proceedings.

17 (2) Law enforcement officers or other persons or

18 agencies shall transmit to the Department of State Police

19 copies of fingerprints and descriptions of all minors who

20 have been arrested or taken into custody before their 18th

21 birthday for the offense of unlawful use of weapons under

22 Article 24 of the Criminal Code of 1961 or the Criminal

23 Code of 2012, a Class X or Class 1 felony, a forcible

24 felony as defined in Section 2-8 of the Criminal Code of

25 1961 or the Criminal Code of 2012, or a Class 2 or greater

26 felony under the Cannabis Control Act, the Illinois

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1 Controlled Substances Act, the Methamphetamine Control and

2 Community Protection Act, or Chapter 4 of the Illinois

3 Vehicle Code, pursuant to Section 5 of the Criminal

4 Identification Act. Information reported to the Department

5 pursuant to this Section may be maintained with records

6 that the Department files pursuant to Section 2.1 of the

7 Criminal Identification Act. Nothing in this Act prohibits

8 a law enforcement agency from fingerprinting a minor taken

9 into custody or arrested before his or her 18th birthday

10 for an offense other than those listed in this paragraph

11 (2).

12 (C) The records of law enforcement officers, or of an

13 independent agency created by ordinance and charged by a unit

14 of local government with the duty of investigating the conduct

15 of law enforcement officers, concerning all minors under 18

16 years of age must be maintained separate from the records of

17 arrests and may not be open to public inspection or their

18 contents disclosed to the public except by order of the court

19 presiding over matters pursuant to this Act or when the

20 institution of criminal proceedings has been permitted~~or~~

21 ~~required~~under Section 5-805 or such a person has been

22 convicted of a crime and is the subject of pre-sentence

23 investigation or proceedings on an application for probation or

24 when provided by law. For purposes of obtaining documents

25 pursuant to this Section, a civil subpoena is not an order of

26 the court.

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1 (1) In cases where the law enforcement, or independent

2 agency, records concern a pending juvenile court case, the

3 party seeking to inspect the records shall provide actual

4 notice to the attorney or guardian ad litem of the minor

5 whose records are sought.

6 (2) In cases where the records concern a juvenile court

7 case that is no longer pending, the party seeking to

8 inspect the records shall provide actual notice to the

9 minor or the minor's parent or legal guardian, and the

10 matter shall be referred to the chief judge presiding over

11 matters pursuant to this Act.

12 (3) In determining whether the records should be

13 available for inspection, the court shall consider the

14 minor's interest in confidentiality and rehabilitation

15 over the moving party's interest in obtaining the

16 information. Any records obtained in violation of this

17 subsection (C) shall not be admissible in any criminal or

18 civil proceeding, or operate to disqualify a minor from

19 subsequently holding public office or securing employment,

20 or operate as a forfeiture of any public benefit, right,

21 privilege, or right to receive any license granted by

22 public authority.

23 (D) Nothing contained in subsection (C) of this Section

24 shall prohibit the inspection or disclosure to victims and

25 witnesses of photographs contained in the records of law

26 enforcement agencies when the inspection and disclosure is

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1 conducted in the presence of a law enforcement officer for the

2 purpose of the identification or apprehension of any person

3 subject to the provisions of this Act or for the investigation

4 or prosecution of any crime.

5 (E) Law enforcement officers, and personnel of an

6 independent agency created by ordinance and charged by a unit

7 of local government with the duty of investigating the conduct

8 of law enforcement officers, may not disclose the identity of

9 any minor in releasing information to the general public as to

10 the arrest, investigation or disposition of any case involving

11 a minor.

12 (F) Nothing contained in this Section shall prohibit law

13 enforcement agencies from communicating with each other by

14 letter, memorandum, teletype or intelligence alert bulletin or

15 other means the identity or other relevant information

16 pertaining to a person under 18 years of age if there are

17 reasonable grounds to believe that the person poses a real and

18 present danger to the safety of the public or law enforcement

19 officers. The information provided under this subsection (F)

20 shall remain confidential and shall not be publicly disclosed,

21 except as otherwise allowed by law.

22 (G) Nothing in this Section shall prohibit the right of a

23 Civil Service Commission or appointing authority of any state,

24 county or municipality examining the character and fitness of

25 an applicant for employment with a law enforcement agency,

26 correctional institution, or fire department from obtaining

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1 and examining the records of any law enforcement agency

2 relating to any record of the applicant having been arrested or

3 taken into custody before the applicant's 18th birthday.

4 The changes made to this Section by this amendatory Act of

5 the 98th General Assembly apply to law enforcement records of a

6 minor who has been arrested or taken into custody on or after

7 the effective date of this amendatory Act.

8 (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12;

9 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff.

10 1-1-14.)

11 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

12 Sec. 1-8. Confidentiality and accessibility of juvenile

13 court records.

14 (A) Inspection and copying of juvenile court records

15 relating to a minor who is the subject of a proceeding under

16 this Act shall be restricted to the following:

17 (1) The minor who is the subject of record, his

18 parents, guardian and counsel.

19 (2) Law enforcement officers and law enforcement

20 agencies when such information is essential to executing an

21 arrest or search warrant or other compulsory process, or to

22 conducting an ongoing investigation or relating to a minor

23 who has been adjudicated delinquent and there has been a

24 previous finding that the act which constitutes the

25 previous offense was committed in furtherance of criminal

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1 activities by a criminal street gang.

2 Before July 1, 1994, for the purposes of this Section,

3 "criminal street gang" means any ongoing organization,

4 association, or group of 3 or more persons, whether formal

5 or informal, having as one of its primary activities the

6 commission of one or more criminal acts and that has a

7 common name or common identifying sign, symbol or specific

8 color apparel displayed, and whose members individually or

9 collectively engage in or have engaged in a pattern of

10 criminal activity.

11 Beginning July 1, 1994, for purposes of this Section,

12 "criminal street gang" has the meaning ascribed to it in

13 Section 10 of the Illinois Streetgang Terrorism Omnibus

14 Prevention Act.

15 (3) Judges, hearing officers, prosecutors, probation

16 officers, social workers or other individuals assigned by

17 the court to conduct a pre-adjudication or predisposition

18 investigation, and individuals responsible for supervising

19 or providing temporary or permanent care and custody for

20 minors pursuant to the order of the juvenile court when

21 essential to performing their responsibilities.

22 (4) Judges, prosecutors and probation officers:

23 (a) in the course of a trial when institution of

24 criminal proceedings has been permitted~~or required~~

25 under Section 5-805; or

26 (b) when criminal proceedings have been permitted

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1 ~~or required~~ under Section 5-805 and a minor is the

2 subject of a proceeding to determine the amount of

3 bail; or

4 (c) when criminal proceedings have been permitted

5 ~~or required~~ under Section 5-805 and a minor is the

6 subject of a pre-trial investigation, pre-sentence

7 investigation or fitness hearing, or proceedings on an

8 application for probation; or

9 (d) when a minor becomes 17 years of age or older,

10 and is the subject of criminal proceedings, including a

11 hearing to determine the amount of bail, a pre-trial

12 investigation, a pre-sentence investigation, a fitness

13 hearing, or proceedings on an application for

14 probation.

15 (5) Adult and Juvenile Prisoner Review Boards.

16 (6) Authorized military personnel.

17 (7) Victims, their subrogees and legal

18 representatives; however, such persons shall have access

19 only to the name and address of the minor and information

20 pertaining to the disposition or alternative adjustment

21 plan of the juvenile court.

22 (8) Persons engaged in bona fide research, with the

23 permission of the presiding judge of the juvenile court and

24 the chief executive of the agency that prepared the

25 particular records; provided that publication of such

26 research results in no disclosure of a minor's identity and

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1 protects the confidentiality of the record.

2 (9) The Secretary of State to whom the Clerk of the

3 Court shall report the disposition of all cases, as

4 required in Section 6-204 of the Illinois Vehicle Code.

5 However, information reported relative to these offenses

6 shall be privileged and available only to the Secretary of

7 State, courts, and police officers.

8 (10) The administrator of a bonafide substance abuse

9 student assistance program with the permission of the

10 presiding judge of the juvenile court.

11 (11) Mental health professionals on behalf of the

12 Illinois Department of Corrections or the Department of

13 Human Services or prosecutors who are evaluating,

14 prosecuting, or investigating a potential or actual

15 petition brought under the Sexually Violent Persons

16 Commitment Act relating to a person who is the subject of

17 juvenile court records or the respondent to a petition

18 brought under the Sexually Violent Persons Commitment Act,

19 who is the subject of juvenile court records sought. Any

20 records and any information obtained from those records

21 under this paragraph (11) may be used only in sexually

22 violent persons commitment proceedings.

23 (A-1) Findings and exclusions of paternity entered in

24 proceedings occurring under Article II of this Act shall be

25 disclosed, in a manner and form approved by the Presiding Judge

26 of the Juvenile Court, to the Department of Healthcare and

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1 Family Services when necessary to discharge the duties of the

2 Department of Healthcare and Family Services under Article X of

3 the Illinois Public Aid Code.

4 (B) A minor who is the victim in a juvenile proceeding

5 shall be provided the same confidentiality regarding

6 disclosure of identity as the minor who is the subject of

7 record.

8 (C) Except as otherwise provided in this subsection (C),

9 juvenile court records shall not be made available to the

10 general public but may be inspected by representatives of

11 agencies, associations and news media or other properly

12 interested persons by general or special order of the court

13 presiding over matters pursuant to this Act.

14 (0.1) In cases where the records concern a pending

15 juvenile court case, the party seeking to inspect the

16 juvenile court records shall provide actual notice to the

17 attorney or guardian ad litem of the minor whose records

18 are sought.

19 (0.2) In cases where the records concern a juvenile

20 court case that is no longer pending, the party seeking to

21 inspect the juvenile court records shall provide actual

22 notice to the minor or the minor's parent or legal

23 guardian, and the matter shall be referred to the chief

24 judge presiding over matters pursuant to this Act.

25 (0.3) In determining whether the records should be

26 available for inspection, the court shall consider the

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1 minor's interest in confidentiality and rehabilitation

2 over the moving party's interest in obtaining the

3 information. The State's Attorney, the minor, and the

4 minor's parents, guardian, and counsel shall at all times

5 have the right to examine court files and records. For

6 purposes of obtaining documents pursuant to this Section, a

7 civil subpoena is not an order of the court.

8 (0.4) Any records obtained in violation of this

9 subsection (C) shall not be admissible in any criminal or

10 civil proceeding, or operate to disqualify a minor from

11 subsequently holding public office, or operate as a

12 forfeiture of any public benefit, right, privilege, or

13 right to receive any license granted by public authority.

14 (1) The court shall allow the general public to have

15 access to the name, address, and offense of a minor who is

16 adjudicated a delinquent minor under this Act under either

17 of the following circumstances:

18 (A) The adjudication of delinquency was based upon

19 the minor's commission of first degree murder, attempt

20 to commit first degree murder, aggravated criminal

21 sexual assault, or criminal sexual assault; or

22 (B) The court has made a finding that the minor was

23 at least 13 years of age at the time the act was

24 committed and the adjudication of delinquency was

25 based upon the minor's commission of: (i) an act in

26 furtherance of the commission of a felony as a member

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1 of or on behalf of a criminal street gang, (ii) an act

2 involving the use of a firearm in the commission of a

3 felony, (iii) an act that would be a Class X felony

4 offense under or the minor's second or subsequent Class

5 2 or greater felony offense under the Cannabis Control

6 Act if committed by an adult, (iv) an act that would be

7 a second or subsequent offense under Section 402 of the

8 Illinois Controlled Substances Act if committed by an

9 adult, (v) an act that would be an offense under

10 Section 401 of the Illinois Controlled Substances Act

11 if committed by an adult, (vi) an act that would be a

12 second or subsequent offense under Section 60 of the

13 Methamphetamine Control and Community Protection Act,

14 or (vii) an act that would be an offense under another

15 Section of the Methamphetamine Control and Community

16 Protection Act.

17 (2) The court shall allow the general public to have

18 access to the name, address, and offense of a minor who is

19 at least 13 years of age at the time the offense is

20 committed and who is convicted, in criminal proceedings

21 permitted ~~or required~~ under Section 5-805 ~~5-4~~, under either

22 of the following circumstances:

23 (A) The minor has been convicted of first degree

24 murder, attempt to commit first degree murder,

25 aggravated criminal sexual assault, or criminal sexual

26 assault,

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1 (B) The court has made a finding that the minor was

2 at least 13 years of age at the time the offense was

3 committed and the conviction was based upon the minor's

4 commission of: (i) an offense in furtherance of the

5 commission of a felony as a member of or on behalf of a

6 criminal street gang, (ii) an offense involving the use

7 of a firearm in the commission of a felony, (iii) a

8 Class X felony offense under or a second or subsequent

9 Class 2 or greater felony offense under the Cannabis

10 Control Act, (iv) a second or subsequent offense under

11 Section 402 of the Illinois Controlled Substances Act,

12 (v) an offense under Section 401 of the Illinois

13 Controlled Substances Act, (vi) an act that would be a

14 second or subsequent offense under Section 60 of the

15 Methamphetamine Control and Community Protection Act,

16 or (vii) an act that would be an offense under another

17 Section of the Methamphetamine Control and Community

18 Protection Act.

19 (D) Pending or following any adjudication of delinquency

20 for any offense defined in Sections 11-1.20 through 11-1.60 or

21 12-13 through 12-16 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, the victim of any such offense shall

23 receive the rights set out in Sections 4 and 6 of the Bill of

24 Rights for Victims and Witnesses of Violent Crime Act; and the

25 juvenile who is the subject of the adjudication,

26 notwithstanding any other provision of this Act, shall be

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1 treated as an adult for the purpose of affording such rights to

2 the victim.

3 (E) Nothing in this Section shall affect the right of a

4 Civil Service Commission or appointing authority of any state,

5 county or municipality examining the character and fitness of

6 an applicant for employment with a law enforcement agency,

7 correctional institution, or fire department to ascertain

8 whether that applicant was ever adjudicated to be a delinquent

9 minor and, if so, to examine the records of disposition or

10 evidence which were made in proceedings under this Act.

11 (F) Following any adjudication of delinquency for a crime

12 which would be a felony if committed by an adult, or following

13 any adjudication of delinquency for a violation of Section

14 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, the State's Attorney shall ascertain

16 whether the minor respondent is enrolled in school and, if so,

17 shall provide a copy of the dispositional order to the

18 principal or chief administrative officer of the school. Access

19 to such juvenile records shall be limited to the principal or

20 chief administrative officer of the school and any guidance

21 counselor designated by him.

22 (G) Nothing contained in this Act prevents the sharing or

23 disclosure of information or records relating or pertaining to

24 juveniles subject to the provisions of the Serious Habitual

25 Offender Comprehensive Action Program when that information is

26 used to assist in the early identification and treatment of

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1 habitual juvenile offenders.

2 (H) When a Court hearing a proceeding under Article II of

3 this Act becomes aware that an earlier proceeding under Article

4 II had been heard in a different county, that Court shall

5 request, and the Court in which the earlier proceedings were

6 initiated shall transmit, an authenticated copy of the Court

7 record, including all documents, petitions, and orders filed

8 therein and the minute orders, transcript of proceedings, and

9 docket entries of the Court.

10 (I) The Clerk of the Circuit Court shall report to the

11 Department of State Police, in the form and manner required by

12 the Department of State Police, the final disposition of each

13 minor who has been arrested or taken into custody before his or

14 her 17th birthday for those offenses required to be reported

15 under Section 5 of the Criminal Identification Act. Information

16 reported to the Department under this Section may be maintained

17 with records that the Department files under Section 2.1 of the

18 Criminal Identification Act.

19 (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11;

20 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)

21 (705 ILCS 405/5-120)

22 Sec. 5-120. Exclusive jurisdiction. Proceedings may be

23 instituted under the provisions of this Article concerning 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. Except as

2 provided in Sections 5-125, ~~5-130,~~5-805, and 5-810 of this

3 Article, no minor who was under 18 years of age at the time of

4 the alleged offense may be prosecuted under the criminal laws

5 of this State.

6 The changes made to this Section by this amendatory Act of

7 the 98th General Assembly apply to violations or attempted

8 violations committed on or after the effective date of this

9 amendatory Act.

10 (Source: P.A. 98-61, eff. 1-1-14.)

11 (705 ILCS 405/5-407)

12 Sec. 5-407. Processing of juvenile in possession of a

13 firearm.

14 (a) If a law enforcement officer detains a minor pursuant

15 to Section 10-27.1A of the School Code, the officer shall

16 deliver the minor to the nearest juvenile officer, in the

17 manner prescribed by subsection (2) of Section 5-405 of this

18 Act. The juvenile officer shall deliver the minor without

19 unnecessary delay to the court or to the place designated by

20 rule or order of court for the reception of minors. In no event

21 shall the minor be eligible for any other disposition by the

22 juvenile police officer, notwithstanding the provisions of

23 subsection (3) of Section 5-405 of this Act.

24 (b) Minors ~~not excluded from this Act's jurisdiction under~~

25 ~~subsection (3)(a) of Section 5-130 of this Act~~ shall be brought

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1 before a judicial officer within 40 hours, exclusive of

2 Saturdays, Sundays, and court-designated holidays, for a

3 detention hearing to determine whether he or she shall be

4 further held in custody. If the court finds that there is

5 probable cause to believe that the minor is a delinquent minor

6 by virtue of his or her violation of item (4) of subsection (a)

7 of Section 24-1 of the Criminal Code of 1961 or the Criminal

8 Code of 2012 while on school grounds, that finding shall create

9 a presumption that immediate and urgent necessity exists under

10 subdivision (2) of Section 5-501 of this Act. Once the

11 presumption of immediate and urgent necessity has been raised,

12 the burden of demonstrating the lack of immediate and urgent

13 necessity shall be on any party that is opposing detention for

14 the minor. Should the court order detention pursuant to this

15 Section, the minor shall be detained, pending the results of a

16 court-ordered psychological evaluation to determine if the

17 minor is a risk to himself, herself, or others. Upon receipt of

18 the psychological evaluation, the court shall review the

19 determination regarding the existence of urgent and immediate

20 necessity. The court shall consider the psychological

21 evaluation in conjunction with the other factors identified in

22 subdivision (2) of Section 5-501 of this Act in order to make a

23 de novo determination regarding whether it is a matter of

24 immediate and urgent necessity for the protection of the minor

25 or of the person or property of another that the minor be

26 detained or placed in a shelter care facility. In addition to

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1 the pre-trial conditions found in Section 5-505 of this Act,

2 the court may order the minor to receive counseling and any

3 other services recommended by the psychological evaluation as a

4 condition for release of the minor.

5 (c) Upon making a determination that the student presents a

6 risk to himself, herself, or others, the court shall issue an

7 order restraining the student from entering the property of the

8 school if he or she has been suspended or expelled from the

9 school as a result of possessing a firearm. The order shall

10 restrain the student from entering the school and school owned

11 or leased property, including any conveyance owned, leased, or

12 contracted by the school to transport students to or from

13 school or a school-related activity. The order shall remain in

14 effect until such time as the court determines that the student

15 no longer presents a risk to himself, herself, or others.

16 (d) Psychological evaluations ordered pursuant to

17 subsection (b) of this Section and statements made by the minor

18 during the course of these evaluations, shall not be admissible

19 on the issue of delinquency during the course of any

20 adjudicatory hearing held under this Act.

21 (e) In this Section:

22 "School" means any public or private elementary or

23 secondary school.

24 "School grounds" includes the real property comprising any

25 school, any conveyance owned, leased, or contracted by a school

26 to transport students to or from school or a school-related

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1 activity, or any public way within 1,000 feet of the real

2 property comprising any school.

3 (Source: P.A. 97-1150, eff. 1-25-13.)

4 (705 ILCS 405/5-805)

5 Sec. 5-805. Transfer of jurisdiction.

6 (1) (Blank) ~~Mandatory transfers~~.

7 ~~(a) If a petition alleges commission by a minor 15~~

8 ~~years of age or older of an act that constitutes a forcible~~

9 ~~felony under the laws of this State, and if a motion by the~~

10 ~~State's Attorney to prosecute the minor under the criminal~~

11 ~~laws of Illinois for the alleged forcible felony alleges~~

12 ~~that (i) the minor has previously been adjudicated~~

13 ~~delinquent or found guilty for commission of an act that~~

14 ~~constitutes a felony under the laws of this State or any~~

15 ~~other state and (ii) the act that constitutes the offense~~

16 ~~was committed in furtherance of criminal activity by an~~

17 ~~organized gang, the Juvenile Judge assigned to hear and~~

18 ~~determine those motions shall, upon determining that there~~

19 ~~is probable cause that both allegations are true, enter an~~

20 ~~order permitting prosecution under the criminal laws of~~

21 ~~Illinois.~~

22 ~~(b) If a petition alleges commission by a minor 15~~

23 ~~years of age or older of an act that constitutes a felony~~

24 ~~under the laws of this State, and if a motion by a State's~~

25 ~~Attorney to prosecute the minor under the criminal laws of~~

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1 ~~Illinois for the alleged felony alleges that (i) the minor~~

2 ~~has previously been adjudicated delinquent or found guilty~~

3 ~~for commission of an act that constitutes a forcible felony~~

4 ~~under the laws of this State or any other state and (ii)~~

5 ~~the act that constitutes the offense was committed in~~

6 ~~furtherance of criminal activities by an organized gang,~~

7 ~~the Juvenile Judge assigned to hear and determine those~~

8 ~~motions shall, upon determining that there is probable~~

9 ~~cause that both allegations are true, enter an order~~

10 ~~permitting prosecution under the criminal laws of~~

11 ~~Illinois.~~

12 ~~(c) If a petition alleges commission by a minor 15~~

13 ~~years of age or older of: (i) an act that constitutes an~~

14 ~~offense enumerated in the presumptive transfer provisions~~

15 ~~of subsection (2); and (ii) the minor has previously been~~

16 ~~adjudicated delinquent or found guilty of a forcible~~

17 ~~felony, the Juvenile Judge designated to hear and determine~~

18 ~~those motions shall, upon determining that there is~~

19 ~~probable cause that both allegations are true, enter an~~

20 ~~order permitting prosecution under the criminal laws of~~

21 ~~Illinois.~~

22 ~~(d) If a petition alleges commission by a minor 15~~

23 ~~years of age or older of an act that constitutes the~~

24 ~~offense of aggravated discharge of a firearm committed in a~~

25 ~~school, on the real property comprising a school, within~~

26 ~~1,000 feet of the real property comprising a school, at a~~

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1 ~~school related activity, or on, boarding, or departing from~~

2 ~~any conveyance owned, leased, or contracted by a school or~~

3 ~~school district to transport students to or from school or~~

4 ~~a school related activity, regardless of the time of day or~~

5 ~~the time of year, the juvenile judge designated to hear and~~

6 ~~determine those motions shall, upon determining that there~~

7 ~~is probable cause that the allegations are true, enter an~~

8 ~~order permitting prosecution under the criminal laws of~~

9 ~~Illinois.~~

10 ~~For purposes of this paragraph (d) of subsection (1):~~

11 ~~"School" means a public or private elementary or~~

12 ~~secondary school, community college, college, or~~

13 ~~university.~~

14 ~~"School related activity" means any sporting, social,~~

15 ~~academic, or other activity for which students' attendance~~

16 ~~or participation is sponsored, organized, or funded in~~

17 ~~whole or in part by a school or school district.~~

18 (2) (Blank) ~~Presumptive transfer~~.

19 ~~(a) If the State's Attorney files a petition, at any~~

20 ~~time prior to commencement of the minor's trial, to permit~~

21 ~~prosecution under the criminal laws and the petition~~

22 ~~alleges the commission by a minor 15 years of age or older~~

23 ~~of: (i) a Class X felony other than armed violence; (ii)~~

24 ~~aggravated discharge of a firearm; (iii) armed violence~~

25 ~~with a firearm when the predicate offense is a Class 1 or~~

26 ~~Class 2 felony and the State's Attorney's motion to~~

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1 ~~transfer the case alleges that the offense committed is in~~

2 ~~furtherance of the criminal activities of an organized~~

3 ~~gang; (iv) armed violence with a firearm when the predicate~~

4 ~~offense is a violation of the Illinois Controlled~~

5 ~~Substances Act, a violation of the Cannabis Control Act, or~~

6 ~~a violation of the Methamphetamine Control and Community~~

7 ~~Protection Act; (v) armed violence when the weapon involved~~

8 ~~was a machine gun or other weapon described in subsection~~

9 ~~(a)(7) of Section 24-1 of the Criminal Code of 1961 or the~~

10 ~~Criminal Code of 2012; (vi) an act in violation of Section~~

11 ~~401 of the Illinois Controlled Substances Act which is a~~

12 ~~Class X felony, while in a school, regardless of the time~~

13 ~~of day or the time of year, or on any conveyance owned,~~

14 ~~leased, or contracted by a school to transport students to~~

15 ~~or from school or a school related activity, or on~~

16 ~~residential property owned, operated, or managed by a~~

17 ~~public housing agency or leased by a public housing agency~~

18 ~~as part of a scattered site or mixed-income development; or~~

19 ~~(vii) an act in violation of Section 401 of the Illinois~~

20 ~~Controlled Substances Act and the offense is alleged to~~

21 ~~have occurred while in a school or on a public way within~~

22 ~~1,000 feet of the real property comprising any school,~~

23 ~~regardless of the time of day or the time of year when the~~

24 ~~delivery or intended delivery of any amount of the~~

25 ~~controlled substance is to a person under 17 years of age,~~

26 ~~(to qualify for a presumptive transfer under paragraph (vi)~~

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1 ~~or (vii) of this clause (2)(a), the violation cannot be~~

2 ~~based upon subsection (b) of Section 407 of the Illinois~~

3 ~~Controlled Substances Act) and, if the juvenile judge~~

4 ~~assigned to hear and determine motions to transfer a case~~

5 ~~for prosecution in the criminal court determines that there~~

6 ~~is probable cause to believe that the allegations in the~~

7 ~~petition and motion are true, there is a rebuttable~~

8 ~~presumption that the minor is not a fit and proper subject~~

9 ~~to be dealt with under the Juvenile Justice Reform~~

10 ~~Provisions of 1998 (Public Act 90-590), and that, except as~~

11 ~~provided in paragraph (b), the case should be transferred~~

12 ~~to the criminal court.~~

13 ~~(b) The judge shall enter an order permitting~~

14 ~~prosecution under the criminal laws of Illinois unless the~~

15 ~~judge makes a finding based on clear and convincing~~

16 ~~evidence that the minor would be amenable to the care,~~

17 ~~treatment, and training programs available through the~~

18 ~~facilities of the juvenile court based on an evaluation of~~

19 ~~the following:~~

20 ~~(i) the age of the minor;~~

21 ~~(ii) the history of the minor, including:~~

22 ~~(A) any previous delinquent or criminal~~

23 ~~history of the minor,~~

24 ~~(B) any previous abuse or neglect history of~~

25 ~~the minor, and~~

26 ~~(C) any mental health, physical or educational~~

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1 ~~history of the minor or combination of these~~

2 ~~factors;~~

3 ~~(iii) the circumstances of the offense, including:~~

4 ~~(A) the seriousness of the offense,~~

5 ~~(B) whether the minor is charged through~~

6 ~~accountability,~~

7 ~~(C) whether there is evidence the offense was~~

8 ~~committed in an aggressive and premeditated~~

9 ~~manner,~~

10 ~~(D) whether there is evidence the offense~~

11 ~~caused serious bodily harm,~~

12 ~~(E) whether there is evidence the minor~~

13 ~~possessed a deadly weapon;~~

14 ~~(iv) the advantages of treatment within the~~

15 ~~juvenile justice system including whether there are~~

16 ~~facilities or programs, or both, particularly~~

17 ~~available in the juvenile system;~~

18 ~~(v) whether the security of the public requires~~

19 ~~sentencing under Chapter V of the Unified Code of~~

20 ~~Corrections:~~

21 ~~(A) the minor's history of services, including~~

22 ~~the minor's willingness to participate~~

23 ~~meaningfully in available services;~~

24 ~~(B) whether there is a reasonable likelihood~~

25 ~~that the minor can be rehabilitated before the~~

26 ~~expiration of the juvenile court's jurisdiction;~~

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1 ~~(C) the adequacy of the punishment or~~

2 ~~services.~~

3 ~~In considering these factors, the court shall give~~

4 ~~greater weight to the seriousness of the alleged offense~~

5 ~~and the minor's prior record of delinquency than to the~~

6 ~~other factors listed in this subsection.~~

7 ~~For purposes of clauses (2)(a)(vi) and (vii):~~

8 ~~"School" means a public or private elementary or secondary~~

9 ~~school, community college, college, or university.~~

10 ~~"School related activity" means any sporting, social,~~

11 ~~academic, or other activity for which students' attendance or~~

12 ~~participation is sponsored, organized, or funded in whole or in~~

13 ~~part by a school or school district.~~

14 (3) Discretionary transfer.

15 (a) If a petition alleges commission by a minor 13

16 years of age or over of an act that constitutes a crime

17 under the laws of this State and, on motion of the State's

18 Attorney to permit prosecution of the minor under the

19 criminal laws, a Juvenile Judge assigned by the Chief Judge

20 of the Circuit to hear and determine those motions, after

21 hearing but before commencement of the trial, finds that

22 there is probable cause to believe that the allegations in

23 the motion are true and that it is not in the best

24 interests of the public to proceed under this Act, the

25 court may enter an order permitting prosecution under the

26 criminal laws.

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1 (b) In making its determination on the motion to permit

2 prosecution under the criminal laws, the court shall

3 consider among other matters:

4 (i) the age of the minor;

5 (ii) the history of the minor, including:

6 (A) any previous delinquent or criminal

7 history of the minor,

8 (B) any previous abuse or neglect history of

9 the minor, and

10 (C) any mental health, physical, or

11 educational history of the minor or combination of

12 these factors;

13 (iii) the circumstances of the offense, including:

14 (A) the seriousness of the offense,

15 (B) whether the minor is charged through

16 accountability,

17 (C) whether there is evidence the offense was

18 committed in an aggressive and premeditated

19 manner,

20 (D) whether there is evidence the offense

21 caused serious bodily harm,

22 (E) whether there is evidence the minor

23 possessed a deadly weapon;

24 (iv) the advantages of treatment within the

25 juvenile justice system including whether there are

26 facilities or programs, or both, particularly

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1 available in the juvenile system;

2 (v) whether the security of the public requires

3 sentencing under Chapter V of the Unified Code of

4 Corrections:

5 (A) the minor's history of services, including

6 the minor's willingness to participate

7 meaningfully in available services;

8 (B) whether there is a reasonable likelihood

9 that the minor can be rehabilitated before the

10 expiration of the juvenile court's jurisdiction;

11 (C) the adequacy of the punishment or

12 services.

13 In considering these factors, the court shall give

14 greater weight to the seriousness of the alleged offense

15 and the minor's prior record of delinquency than to the

16 other factors listed in this subsection.

17 (4) The rules of evidence for this hearing shall be the

18 same as under Section 5-705 of this Act. A minor must be

19 represented in court by counsel before the hearing may be

20 commenced.

21 (5) If criminal proceedings are instituted, the petition

22 for adjudication of wardship shall be dismissed insofar as the

23 act or acts involved in the criminal proceedings. Taking of

24 evidence in a trial on petition for adjudication of wardship is

25 a bar to criminal proceedings based upon the conduct alleged in

26 the petition.

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1 (6) The changes made to this Section by this amendatory Act

2 of the 98th General Assembly apply to a minor who has been

3 arrested or taken into custody on or after the effective date

4 of this amendatory Act.

5 (Source: P.A. 97-1150, eff. 1-25-13.)

6 (705 ILCS 405/5-901)

7 Sec. 5-901. Court file.

8 (1) The Court file with respect to proceedings under this

9 Article shall consist of the petitions, pleadings, victim

10 impact statements, process, service of process, orders, writs

11 and docket entries reflecting hearings held and judgments and

12 decrees entered by the court. The court file shall be kept

13 separate from other records of the court.

14 (a) The file, including information identifying the

15 victim or alleged victim of any sex offense, shall be

16 disclosed only to the following parties when necessary for

17 discharge of their official duties:

18 (i) A judge of the circuit court and members of the

19 staff of the court designated by the judge;

20 (ii) Parties to the proceedings and their

21 attorneys;

22 (iii) Victims and their attorneys, except in cases

23 of multiple victims of sex offenses in which case the

24 information identifying the nonrequesting victims

25 shall be redacted;

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1 (iv) Probation officers, law enforcement officers

2 or prosecutors or their staff;

3 (v) Adult and juvenile Prisoner Review Boards.

4 (b) The Court file redacted to remove any information

5 identifying the victim or alleged victim of any sex offense

6 shall be disclosed only to the following parties when

7 necessary for discharge of their official duties:

8 (i) Authorized military personnel;

9 (ii) Persons engaged in bona fide research, with

10 the permission of the judge of the juvenile court and

11 the chief executive of the agency that prepared the

12 particular recording: provided that publication of

13 such research results in no disclosure of a minor's

14 identity and protects the confidentiality of the

15 record;

16 (iii) The Secretary of State to whom the Clerk of

17 the Court shall report the disposition of all cases, as

18 required in Section 6-204 or Section 6-205.1 of the

19 Illinois Vehicle Code. However, information reported

20 relative to these offenses shall be privileged and

21 available only to the Secretary of State, courts, and

22 police officers;

23 (iv) The administrator of a bonafide substance

24 abuse student assistance program with the permission

25 of the presiding judge of the juvenile court;

26 (v) Any individual, or any public or private agency

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1 or institution, having custody of the juvenile under

2 court order or providing educational, medical or

3 mental health services to the juvenile or a

4 court-approved advocate for the juvenile or any

5 placement provider or potential placement provider as

6 determined by the court.

7 (3) A minor who is the victim or alleged victim in a

8 juvenile proceeding shall be provided the same confidentiality

9 regarding disclosure of identity as the minor who is the

10 subject of record. Information identifying victims and alleged

11 victims of sex offenses, shall not be disclosed or open to

12 public inspection under any circumstances. Nothing in this

13 Section shall prohibit the victim or alleged victim of any sex

14 offense from voluntarily disclosing his or her identity.

15 (4) Relevant information, reports and records shall be made

16 available to the Department of Juvenile Justice when a juvenile

17 offender has been placed in the custody of the Department of

18 Juvenile Justice.

19 (5) Except as otherwise provided in this subsection (5),

20 juvenile court records shall not be made available to the

21 general public but may be inspected by representatives of

22 agencies, associations and news media or other properly

23 interested persons by general or special order of the court.

24 The State's Attorney, the minor, his or her parents, guardian

25 and counsel shall at all times have the right to examine court

26 files and records.

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1 (a) The court shall allow the general public to have

2 access to the name, address, and offense of a minor who is

3 adjudicated a delinquent minor under this Act under either

4 of the following circumstances:

5 (i) The adjudication of delinquency was based upon

6 the minor's commission of first degree murder, attempt

7 to commit first degree murder, aggravated criminal

8 sexual assault, or criminal sexual assault; or

9 (ii) The court has made a finding that the minor

10 was at least 13 years of age at the time the act was

11 committed and the adjudication of delinquency was

12 based upon the minor's commission of: (A) an act in

13 furtherance of the commission of a felony as a member

14 of or on behalf of a criminal street gang, (B) an act

15 involving the use of a firearm in the commission of a

16 felony, (C) an act that would be a Class X felony

17 offense under or the minor's second or subsequent Class

18 2 or greater felony offense under the Cannabis Control

19 Act if committed by an adult, (D) an act that would be

20 a second or subsequent offense under Section 402 of the

21 Illinois Controlled Substances Act if committed by an

22 adult, (E) an act that would be an offense under

23 Section 401 of the Illinois Controlled Substances Act

24 if committed by an adult, or (F) an act that would be

25 an offense under the Methamphetamine Control and

26 Community Protection Act if committed by an adult.

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1 (b) The court shall allow the general public to have

2 access to the name, address, and offense of a minor who is

3 at least 13 years of age at the time the offense is

4 committed and who is convicted, in criminal proceedings

5 permitted ~~or required~~under Section 5-805, under either of

6 the following circumstances:

7 (i) The minor has been convicted of first degree

8 murder, attempt to commit first degree murder,

9 aggravated criminal sexual assault, or criminal sexual

10 assault,

11 (ii) The court has made a finding that the minor

12 was at least 13 years of age at the time the offense

13 was committed and the conviction was based upon the

14 minor's commission of: (A) an offense in furtherance of

15 the commission of a felony as a member of or on behalf

16 of a criminal street gang, (B) an offense involving the

17 use of a firearm in the commission of a felony, (C) a

18 Class X felony offense under the Cannabis Control Act

19 or a second or subsequent Class 2 or greater felony

20 offense under the Cannabis Control Act, (D) a second or

21 subsequent offense under Section 402 of the Illinois

22 Controlled Substances Act, (E) an offense under

23 Section 401 of the Illinois Controlled Substances Act,

24 or (F) an offense under the Methamphetamine Control and

25 Community Protection Act.

26 (6) Nothing in this Section shall be construed to limit the

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1 use of a adjudication of delinquency as evidence in any

2 juvenile or criminal proceeding, where it would otherwise be

3 admissible under the rules of evidence, including but not

4 limited to, use as impeachment evidence against any witness,

5 including the minor if he or she testifies.

6 (7) Nothing in this Section shall affect the right of a

7 Civil Service Commission or appointing authority examining the

8 character and fitness of an applicant for a position as a law

9 enforcement officer to ascertain whether that applicant was

10 ever adjudicated to be a delinquent minor and, if so, to

11 examine the records or evidence which were made in proceedings

12 under this Act.

13 (8) Following any adjudication of delinquency for a crime

14 which would be a felony if committed by an adult, or following

15 any adjudication of delinquency for a violation of Section

16 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, the State's Attorney shall ascertain

18 whether the minor respondent is enrolled in school and, if so,

19 shall provide a copy of the sentencing order to the principal

20 or chief administrative officer of the school. Access to such

21 juvenile records shall be limited to the principal or chief

22 administrative officer of the school and any guidance counselor

23 designated by him or her.

24 (9) Nothing contained in this Act prevents the sharing or

25 disclosure of information or records relating or pertaining to

26 juveniles subject to the provisions of the Serious Habitual

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1 Offender Comprehensive Action Program when that information is

2 used to assist in the early identification and treatment of

3 habitual juvenile offenders.

4 (11) The Clerk of the Circuit Court shall report to the

5 Department of State Police, in the form and manner required by

6 the Department of State Police, the final disposition of each

7 minor who has been arrested or taken into custody before his or

8 her 18th birthday for those offenses required to be reported

9 under Section 5 of the Criminal Identification Act. Information

10 reported to the Department under this Section may be maintained

11 with records that the Department files under Section 2.1 of the

12 Criminal Identification Act.

13 (12) Information or records may be disclosed to the general

14 public when the court is conducting hearings under Section

15 5-805 or 5-810.

16 The changes made to this Section by this amendatory Act of

17 the 98th General Assembly apply to juvenile court records of a

18 minor who has been arrested or taken into custody on or after

19 the effective date of this amendatory Act.

20 (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)

21 (705 ILCS 405/5-905)

22 Sec. 5-905. Law enforcement records.

23 (1) Law Enforcement Records. Inspection and copying of law

24 enforcement records maintained by law enforcement agencies

25 that relate to a minor who has been arrested or taken into

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1 custody before his or her 18th birthday shall be restricted to

2 the following and when necessary for the discharge of their

3 official duties:

4 (a) A judge of the circuit court and members of the

5 staff of the court designated by the judge;

6 (b) Law enforcement officers, probation officers or

7 prosecutors or their staff, or, when necessary for the

8 discharge of its official duties in connection with a

9 particular investigation of the conduct of a law

10 enforcement officer, an independent agency or its staff

11 created by ordinance and charged by a unit of local

12 government with the duty of investigating the conduct of

13 law enforcement officers;

14 (c) The minor, the minor's parents or legal guardian

15 and their attorneys, but only when the juvenile has been

16 charged with an offense;

17 (d) Adult and Juvenile Prisoner Review Boards;

18 (e) Authorized military personnel;

19 (f) Persons engaged in bona fide research, with the

20 permission of the judge of juvenile court and the chief

21 executive of the agency that prepared the particular

22 recording: provided that publication of such research

23 results in no disclosure of a minor's identity and protects

24 the confidentiality of the record;

25 (g) Individuals responsible for supervising or

26 providing temporary or permanent care and custody of minors

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1 pursuant to orders of the juvenile court or directives from

2 officials of the Department of Children and Family Services

3 or the Department of Human Services who certify in writing

4 that the information will not be disclosed to any other

5 party except as provided under law or order of court;

6 (h) The appropriate school official only if the agency

7 or officer believes that there is an imminent threat of

8 physical harm to students, school personnel, or others who

9 are present in the school or on school grounds.

10 (A) Inspection and copying shall be limited to law

11 enforcement records transmitted to the appropriate

12 school official or officials whom the school has

13 determined to have a legitimate educational or safety

14 interest by a local law enforcement agency under a

15 reciprocal reporting system established and maintained

16 between the school district and the local law

17 enforcement agency under Section 10-20.14 of the

18 School Code concerning a minor enrolled in a school

19 within the school district who has been arrested or

20 taken into custody for any of the following offenses:

21 (i) any violation of Article 24 of the Criminal

22 Code of 1961 or the Criminal Code of 2012;

23 (ii) a violation of the Illinois Controlled

24 Substances Act;

25 (iii) a violation of the Cannabis Control Act;

26 (iv) a forcible felony as defined in Section

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1 2-8 of the Criminal Code of 1961 or the Criminal

2 Code of 2012;

3 (v) a violation of the Methamphetamine Control

4 and Community Protection Act;

5 (vi) a violation of Section 1-2 of the

6 Harassing and Obscene Communications Act;

7 (vii) a violation of the Hazing Act; or

8 (viii) a violation of Section 12-1, 12-2,

9 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

10 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

11 Criminal Code of 1961 or the Criminal Code of 2012.

12 The information derived from the law enforcement

13 records shall be kept separate from and shall not

14 become a part of the official school record of that

15 child and shall not be a public record. The information

16 shall be used solely by the appropriate school official

17 or officials whom the school has determined to have a

18 legitimate educational or safety interest to aid in the

19 proper rehabilitation of the child and to protect the

20 safety of students and employees in the school. If the

21 designated law enforcement and school officials deem

22 it to be in the best interest of the minor, the student

23 may be referred to in-school or community based social

24 services if those services are available.

25 "Rehabilitation services" may include interventions by

26 school support personnel, evaluation for eligibility

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1 for special education, referrals to community-based

2 agencies such as youth services, behavioral healthcare

3 service providers, drug and alcohol prevention or

4 treatment programs, and other interventions as deemed

5 appropriate for the student.

6 (B) Any information provided to appropriate school

7 officials whom the school has determined to have a

8 legitimate educational or safety interest by local law

9 enforcement officials about a minor who is the subject

10 of a current police investigation that is directly

11 related to school safety shall consist of oral

12 information only, and not written law enforcement

13 records, and shall be used solely by the appropriate

14 school official or officials to protect the safety of

15 students and employees in the school and aid in the

16 proper rehabilitation of the child. The information

17 derived orally from the local law enforcement

18 officials shall be kept separate from and shall not

19 become a part of the official school record of the

20 child and shall not be a public record. This limitation

21 on the use of information about a minor who is the

22 subject of a current police investigation shall in no

23 way limit the use of this information by prosecutors in

24 pursuing criminal charges arising out of the

25 information disclosed during a police investigation of

26 the minor. For purposes of this paragraph,

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1 "investigation" means an official systematic inquiry

2 by a law enforcement agency into actual or suspected

3 criminal activity;

4 (i) The president of a park district. Inspection and

5 copying shall be limited to law enforcement records

6 transmitted to the president of the park district by the

7 Illinois State Police under Section 8-23 of the Park

8 District Code or Section 16a-5 of the Chicago Park District

9 Act concerning a person who is seeking employment with that

10 park district and who has been adjudicated a juvenile

11 delinquent for any of the offenses listed in subsection (c)

12 of Section 8-23 of the Park District Code or subsection (c)

13 of Section 16a-5 of the Chicago Park District Act.

14 (2) Information identifying victims and alleged victims of

15 sex offenses, shall not be disclosed or open to public

16 inspection under any circumstances. Nothing in this Section

17 shall prohibit the victim or alleged victim of any sex offense

18 from voluntarily disclosing his or her identity.

19 (2.5) If the minor is a victim of aggravated battery,

20 battery, attempted first degree murder, or other non-sexual

21 violent offense, the identity of the victim may be disclosed to

22 appropriate school officials, for the purpose of preventing

23 foreseeable future violence involving minors, by a local law

24 enforcement agency pursuant to an agreement established

25 between the school district and a local law enforcement agency

26 subject to the approval by the presiding judge of the juvenile

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1 court.

2 (3) Relevant information, reports and records shall be made

3 available to the Department of Juvenile Justice when a juvenile

4 offender has been placed in the custody of the Department of

5 Juvenile Justice.

6 (4) Nothing in this Section shall prohibit the inspection

7 or disclosure to victims and witnesses of photographs contained

8 in the records of law enforcement agencies when the inspection

9 or disclosure is conducted in the presence of a law enforcement

10 officer for purposes of identification or apprehension of any

11 person in the course of any criminal investigation or

12 prosecution.

13 (5) The records of law enforcement officers, or of an

14 independent agency created by ordinance and charged by a unit

15 of local government with the duty of investigating the conduct

16 of law enforcement officers, concerning all minors under 18

17 years of age must be maintained separate from the records of

18 adults and may not be open to public inspection or their

19 contents disclosed to the public except by order of the court

20 or when the institution of criminal proceedings has been

21 permitted under Section ~~5-130 or~~ 5-805 ~~or required under~~

22 ~~Section 5-130 or 5-805~~ or such a person has been convicted of a

23 crime and is the subject of pre-sentence investigation or when

24 provided by law.

25 (6) Except as otherwise provided in this subsection (6),

26 law enforcement officers, and personnel of an independent

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1 agency created by ordinance and charged by a unit of local

2 government with the duty of investigating the conduct of law

3 enforcement officers, may not disclose the identity of any

4 minor in releasing information to the general public as to the

5 arrest, investigation or disposition of any case involving a

6 minor. Any victim or parent or legal guardian of a victim may

7 petition the court to disclose the name and address of the

8 minor and the minor's parents or legal guardian, or both. Upon

9 a finding by clear and convincing evidence that the disclosure

10 is either necessary for the victim to pursue a civil remedy

11 against the minor or the minor's parents or legal guardian, or

12 both, or to protect the victim's person or property from the

13 minor, then the court may order the disclosure of the

14 information to the victim or to the parent or legal guardian of

15 the victim only for the purpose of the victim pursuing a civil

16 remedy against the minor or the minor's parents or legal

17 guardian, or both, or to protect the victim's person or

18 property from the minor.

19 (7) Nothing contained in this Section shall prohibit law

20 enforcement agencies when acting in their official capacity

21 from communicating with each other by letter, memorandum,

22 teletype or intelligence alert bulletin or other means the

23 identity or other relevant information pertaining to a person

24 under 18 years of age. The information provided under this

25 subsection (7) shall remain confidential and shall not be

26 publicly disclosed, except as otherwise allowed by law.

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1 (8) No person shall disclose information under this Section

2 except when acting in his or her official capacity and as

3 provided by law or order of court.

4 The changes made to this Section by this amendatory Act of

5 the 98th General Assembly apply to law enforcement records of a

6 minor who has been arrested or taken into custody on or after

7 the effective date of this amendatory Act.

8 (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13;

9 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14.)

10 (705 ILCS 405/5-130 rep.)

11 Section 10. The Juvenile Court Act of 1987 is amended by

12 repealing Section 5-130.

13 Section 15. The Code of Criminal Procedure of 1963 is

14 amended by changing Section 115-10.5 as follows:

15 (725 ILCS 5/115-10.5)

16 Sec. 115-10.5. Hearsay exception regarding safe zone

17 testimony.

18 (a) In any prosecution for any offense charged as a

19 violation of Section 407 of the Illinois Controlled Substances

20 Act or ~~,~~ Section 55 of the Methamphetamine Control and

21 Community Protection Act, ~~or Section 5-130 of the Juvenile~~

22 ~~Court Act of 1987~~ the following evidence shall be admitted as

23 an exception to the hearsay rule any testimony by any qualified

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1 individual regarding the status of any property as:

2 (1) a truck stop or safety rest area, or

3 (2) a school or conveyance owned, leased or contracted

4 by a school to transport students to or from school, or

5 (3) residential property owned, operated, and managed

6 by a public housing agency, or

7 (4) a public park, or

8 (5) the real property comprising any church,

9 synagogue, or other building, structure, or place used

10 primarily for religious worship, or

11 (6) the real property comprising any of the following

12 places, buildings, or structures used primarily for

13 housing or providing space for activities for senior

14 citizens: nursing homes, assisted-living centers, senior

15 citizen housing complexes, or senior centers oriented

16 toward daytime activities.

17 (b) As used in this Section, "qualified individual" means

18 any person who (i) lived or worked within the territorial

19 jurisdiction where the offense took place when the offense took

20 place; and (ii) is familiar with various public places within

21 the territorial jurisdiction where the offense took place when

22 the offense took place.

23 (c) For the purposes of this Section, "qualified

24 individual" includes any peace officer, or any member of any

25 duly organized State, county, or municipal peace unit, assigned

26 to the territorial jurisdiction where the offense took place

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1 when the offense took place.

2 (d) This Section applies to all prosecutions pending at the

3 time this amendatory Act of the 91st General Assembly takes

4 effect and to all prosecutions commencing on or after its

5 effective date.

6 (Source: P.A. 94-556, eff. 9-11-05.)