Illinois 98th Regular Session Status: Enacted

SB 1923 — JUV CT-CONFIDENTIALITY

Last action — Public Act . . . . . . . . . 98-0552

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Juvenile Court Act of 1987. Provides that subject to certain limitations specified in the Act, the court presiding over the juvenile court proceeding brought under the Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons. Provides that in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Effective immediately.

Bill Text

What changed in the latest version

40 added · 40 removed

Plain-language change summary

The revised version of Bill SB 1923 allows judges in juvenile court to decide, at their discretion, whether to permit inspection of juvenile court records by representatives from various organizations, including the media. It has clarified the notification requirements, stating that the requesting party must give actual notice to either the minor or their guardians when seeking access to records, and the role of the civil subpoena has been specified. These changes aim to enhance transparency while ensuring that the rights and privacy of minors are maintained.

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Latest
SB1923 Engrossed LRB098 09291 RLC 40882 b AN ACT concerning courts.
SB1923 Enrolled LRB098 09291 RLC 40882 b AN ACT concerning courts.
Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, SB1923 Engrossed - 2 - LRB098 09291 RLC 40882 b association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, SB1923 Enrolled - 2 - LRB098 09291 RLC 40882 b association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.
or SB1923 Engrossed - 3 - LRB098 09291 RLC 40882 b (c) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation;
or SB1923 Enrolled - 3 - LRB098 09291 RLC 40882 b (c) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation;
(9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as SB1923 Engrossed - 4 - LRB098 09291 RLC 40882 b required in Section 6-204 of the Illinois Vehicle Code.
(9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as SB1923 Enrolled - 4 - LRB098 09291 RLC 40882 b required in Section 6-204 of the Illinois Vehicle Code.
SB1923 Engrossed - 5 - LRB098 09291 RLC 40882 b (B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding disclosure of identity as the minor who is the subject of record.
SB1923 Enrolled - 5 - LRB098 09291 RLC 40882 b (B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding disclosure of identity as the minor who is the subject of record.
Subject to the limitations in paragraphs (0.1) through (0.4) of this subsection (C), the court presiding over the juvenile court proceeding brought under this Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons.
Subject to the limitations in paragraphs (0.1) through (0.4) of this subsection (C), the judge presiding over a juvenile court proceeding brought under this Act, in his or her discretion, may order that juvenile court records of an individual case be made available for inspection upon request by a representative of an agency, association, or news media entity or by a properly interested person.
For purposes of obtaining documents under this subsection (C), a civil subpoena is not an order of the court.
For purposes of inspecting documents under this subsection (C), a civil subpoena is not an order of the court.
(0.1) In cases where the records concern a pending juvenile court case, the party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.
(0.1) In cases where the records concern a pending juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.
(0.2) In cases where the records concern a juvenile court case that is no longer pending, the party seeking to inspect the juvenile court records shall provide actual SB1923 Engrossed - 6 - LRB098 09291 RLC 40882 b notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act.
(0.2) In cases where the records concern a juvenile court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide SB1923 Enrolled - 6 - LRB098 09291 RLC 40882 b actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act.
(0.3) In determining whether the records should be available for inspection and in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information.
(0.3) In determining whether the records should be made available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting moving party's interest in obtaining the information.
(A) The adjudication of delinquency was based upon the minor's commission of first degree murder, attempt SB1923 Engrossed - 7 - LRB098 09291 RLC 40882 b to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault;
(A) The adjudication of delinquency was based upon the minor's commission of first degree murder, attempt SB1923 Enrolled - 7 - LRB098 09291 RLC 40882 b to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault;
(2) The court shall allow the general public to have access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is SB1923 Engrossed - 8 - LRB098 09291 RLC 40882 b committed and who is convicted, in criminal proceedings permitted or required under Section 5-4, under either of the following circumstances:
(2) The court shall allow the general public to have access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is SB1923 Enrolled - 8 - LRB098 09291 RLC 40882 b committed and who is convicted, in criminal proceedings permitted or required under Section 5-4, under either of the following circumstances:
(D) Pending or following any adjudication of delinquency SB1923 Engrossed - 9 - LRB098 09291 RLC 40882 b for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Bill of Rights for Victims and Witnesses of Violent Crime Act;
(D) Pending or following any adjudication of delinquency SB1923 Enrolled - 9 - LRB098 09291 RLC 40882 b for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Bill of Rights for Victims and Witnesses of Violent Crime Act;
Access to such juvenile records shall be limited to the principal or SB1923 Engrossed - 10 - LRB098 09291 RLC 40882 b chief administrative officer of the school and any guidance counselor designated by him.
Access to such juvenile records shall be limited to the principal or SB1923 Enrolled - 10 - LRB098 09291 RLC 40882 b chief administrative officer of the school and any guidance counselor designated by him.
SB1923 Engrossed - 11 - LRB098 09291 RLC 40882 b 97-813, eff.
SB1923 Enrolled - 11 - LRB098 09291 RLC 40882 b 97-813, eff.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 98-0552

  2. Effective Date August 27, 2013

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 057-000-000

  7. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 008-000-000

  9. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  10. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  12. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 20, 2013

  13. Secretary's Desk - Concurrence House Amendment(s) 1

  14. Added Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.

  15. Added Alternate Chief Co-Sponsor Rep. Camille Y. Lilly

  16. Third Reading - Short Debate - Passed 113-000-000

  17. Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

  18. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass as Amended / Short Debate Judiciary; 012-000-000

  23. House Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote

  24. House Committee Amendment No. 1 Rules Refers to Judiciary

  25. House Committee Amendment No. 1 Referred to Rules Committee

  26. House Committee Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie

  27. Assigned to Judiciary

  28. Referred to Rules Committee

  29. First Reading

  30. Chief House Sponsor Rep. Barbara Flynn Currie

  31. Arrived in House

  32. Third Reading - Passed; 053-000-000

  33. Placed on Calendar Order of 3rd Reading April 17, 2013

  34. Second Reading

  35. Added as Chief Co-Sponsor Sen. Mattie Hunter

  36. Placed on Calendar Order of 2nd Reading March 13, 2013

  37. Do Pass Judiciary; 009-000-000

  38. Added as Chief Co-Sponsor Sen. John G. Mulroe

  39. Assigned to Judiciary

  40. Added as Chief Co-Sponsor Sen. Patricia Van Pelt

  41. Referred to Assignments

  42. First Reading

  43. Filed with Secretary by Sen. Kwame Raoul

Sponsors

  • Kwame Raoul · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Kwame Raoul

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 42001
Democrat 12001
Republican 3000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McCann — Yea
McConnaughay — Yea
Forby — Yea
Mulroe — Yea
Haine — Yea
Hutchinson — Yea
Link — Yea
Luechtefeld — Yea
Harris — Yea
Frerichs — Yea
Kotowski — Yea
Brady — Yea
LaHood — Yea
McGuire — Yea
McCarter — Yea
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Cullerton — Yea
Muñoz — Yea
Noland — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Not Voting
Oberweis — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democrat 25000
Republican 8000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Lang — Yea
Acevedo — Yea
Arroyo — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Bost — Yea
Brauer — Yea
Brown — Yea
McAsey — Yea
Drury — Yea
Hays — Yea
Ives — Yea
Jakobsson — Yea
Jefferson — Not Voting
Leitch — Yea
McAuliffe — Yea
McSweeney — Yea
Mell — Yea
Moffitt — Yea
Bradley — Yea
Tabares — Yea
Brady — Yea
Thapedi — Yea
Tryon — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Harris, David — Yea
Harris, Greg — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Harms — Yea
Hatcher — Yea
Kosel — Yea
Hernandez — Yea
Madigan — Yea
Nekritz — Yea
Wheeler — Yea
Phelps — Yea
Williams — Yea
Davis, Monique — Yea
Jones — Yea
Soto — Not Voting
Turner — Yea
Unes — Yea
Verschoore — Yea
Willis — Yea
Yingling — Yea
Zalewski — Yea
Costello — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Dunkin — Yea
Durkin — Not Voting
Hurley — Yea
Jackson — Yea
Kay — Yea
Osmond — Not Voting
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Sandack — Yea
Schmitz — Not Voting
Senger — Yea
Sente — Yea
Smiddy — Yea
Sommer — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 39004
Democrat 11002
Republican 3000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Landek — Not Voting
Link — Yea
Althoff — Yea
Martinez — Not Voting
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Muñoz — Yea
Hutchinson — Yea
Noland — Yea
Kotowski — Yea
LaHood — Yea
Luechtefeld — Yea
Manar — Yea
McCann — Yea
McCarter — Yea
McConnaughay — Yea
Mulroe — Yea
Harris — Yea
Oberweis — Yea
Brady — Yea
Radogno — Yea
Silverstein — Yea
McGuire — Yea
Steans — Yea
Sullivan — Yea
Jacobs — Yea
Cullerton, T. — Yea
Trotter — Not Voting
Cullerton — Yea
Clayborne — Yea
Connelly — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Raoul — Yea
Righter — Yea
Sandoval — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Not Voting
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Subjects

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Frequently asked questions

What does SB 1923 do?
Amends the Juvenile Court Act of 1987. Provides that subject to certain limitations specified in the Act, the court presiding over the juvenile court proceeding brought under the Act, in its discretion, may order that juvenile court records may be made available in individual cases to representatives of agencies, associations, news media, and other properly interested persons. Provides that in determining whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Effective immediately.
Who sponsors SB 1923?
SB 1923 is sponsored by Kwame Raoul.
What is the current status of SB 1923?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track SB 1923?
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