SB 2915 — JUV CT-EXPUNGE-CONFIDENTIAL

SB2915 EngrossedEnrolled LRB100 19683 RLC 34957 b AN ACT concerning courts.

(1) Any local, State, or federal law enforcement SB2915 EngrossedEnrolled - 2 - LRB100 19683 RLC 34957 b officers of any jurisdiction or agency when necessary for the discharge of their official duties during the investigation or prosecution of a crime or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang, or, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or its staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers.

(a) in the course of a trial when institution of SB2915 EngrossedEnrolled - 3 - LRB100 19683 RLC 34957 b criminal proceedings has been permitted or required under Section 5-805;

SB2915 EngrossedEnrolled - 4 - LRB100 19683 RLC 34957 b (A) Inspection and copying shall be limited to law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses:

or (viii) a violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, SB2915 EngrossedEnrolled - 5 - LRB100 19683 RLC 34957 b 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the Criminal Code of 2012.

(B) Any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject SB2915 EngrossedEnrolled - 6 - LRB100 19683 RLC 34957 b of a current police investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child.

(9) Mental health professionals on behalf of the Illinois Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of SB2915 EngrossedEnrolled - 7 - LRB100 19683 RLC 34957 b juvenile law enforcement records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the juvenile law enforcement records sought.

SB2915 EngrossedEnrolled - 8 - LRB100 19683 RLC 34957 b (2) Law enforcement officers or other persons or agencies shall transmit to the Department of State Police copies of fingerprints and descriptions of all minors who have been arrested or taken into custody before their 18th birthday for the offense of unlawful use of weapons under Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, a Class X or Class 1 felony, a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class 2 or greater felony under the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 of the Criminal Identification Act.

For purposes of obtaining SB2915 EngrossedEnrolled - 9 - LRB100 19683 RLC 34957 b documents under this Section, a civil subpoena is not an order of the court.

(D) Nothing contained in subsection (C) of this Section shall prohibit the inspection or disclosure to victims and SB2915 EngrossedEnrolled - 10 - LRB100 19683 RLC 34957 b witnesses of photographs contained in the records of law enforcement agencies when the inspection and disclosure is conducted in the presence of a law enforcement officer for the purpose of the identification or apprehension of any person subject to the provisions of this Act or for the investigation or prosecution of any crime.

(G) Nothing in this Section shall prohibit the right of a Civil Service Commission or appointing authority of any state, county or municipality examining the character and fitness of SB2915 EngrossedEnrolled - 11 - LRB100 19683 RLC 34957 b an applicant for employment with a law enforcement agency, correctional institution, or fire department from obtaining and examining the records of any law enforcement agency relating to any record of the applicant having been arrested or taken into custody before the applicant's 18th birthday.

Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual SB2915 EngrossedEnrolled - 12 - LRB100 19683 RLC 34957 b any of the civil disabilities ordinarily imposed by or resulting from conviction.

Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, SB2915 EngrossedEnrolled - 13 - LRB100 19683 RLC 34957 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 (b) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the SB2915 EngrossedEnrolled - 14 - LRB100 19683 RLC 34957 b subject of a proceeding to determine the amount of bail;

SB2915 EngrossedEnrolled - 15 - LRB100 19683 RLC 34957 b (9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as required in Section 6-204 of the Illinois Vehicle Code.

(A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the SB2915 EngrossedEnrolled - 16 - LRB100 19683 RLC 34957 b Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code.

The State's Attorney, the SB2915 EngrossedEnrolled - 17 - LRB100 19683 RLC 34957 b minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records.

(E) Nothing in this Section shall affect the right of a Civil Service Commission or appointing authority of any state, county or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department to ascertain whether that applicant was ever adjudicated to be a delinquent minor and, if so, to examine the records of disposition or SB2915 EngrossedEnrolled - 18 - LRB100 19683 RLC 34957 b evidence which were made in proceedings under this Act.

SB2915 EngrossedEnrolled - 19 - LRB100 19683 RLC 34957 b (I) The Clerk of the Circuit Court shall report to the Department of State Police, in the form and manner required by the Department of State Police, the final disposition of each minor who has been arrested or taken into custody before his or her 18th birthday for those offenses required to be reported under Section 5 of the Criminal Identification Act.

SB2915 EngrossedEnrolled - 20 - LRB100 19683 RLC 34957 b "Dissemination" or "disseminate" means to publish, produce, print, manufacture, distribute, sell, lease, exhibit, broadcast, display, transmit, or otherwise share information in any format so as to make the information accessible to others.

(c) all documents, video or audio tapes, photographs, and exhibits admitted into evidence at SB2915 EngrossedEnrolled - 21 - LRB100 19683 RLC 34957 b juvenile court hearings;

and SB2915 EngrossedEnrolled - 22 - LRB100 19683 RLC 34957 b (3) 6 months have elapsed without an additional subsequent arrest or filing of a petition for delinquency or criminal charges whether related or not to the arrest or law enforcement interaction documented in the records.

SB2915 EngrossedEnrolled - 23 - LRB100 19683 RLC 34957 b (b) If the chief law enforcement officer of the agency, or his or her designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained in an intelligence file until the investigation is terminated or for one additional year, whichever is sooner.

Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, SB2915 EngrossedEnrolled - 24 - LRB100 19683 RLC 34957 b 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of Section 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code of 2012.

SB2915 EngrossedEnrolled - 25 - LRB100 19683 RLC 34957 b (1) Nothing in this subsection (1) precludes an eligible minor from obtaining expungement under subsection subsections (0.1), (0.2), or (0.3).

or (d) the minor was adjudicated for an offense which SB2915 EngrossedEnrolled - 26 - LRB100 19683 RLC 34957 b would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult.

or (b) 2 years have elapsed since all juvenile court proceedings relating to him or her have been terminated and his or her commitment to the Department of Juvenile Justice SB2915 EngrossedEnrolled - 27 - LRB100 19683 RLC 34957 b under this Act has been terminated.

(2.6) If a minor is referred to court then at the time of sentencing or dismissal of the case, or successful completion of supervision, the judge shall inform the delinquent minor of his or her rights regarding expungement and the clerk of the circuit court shall provide an expungement information packet to the minor, written in plain language, including information regarding this State's expungement laws and a petition for expungement, a sample of a completed petition, expungement instructions that shall include information informing the minor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) he or she may apply to have petition fees waived, (iii) once he or she obtains an expungement, he or she may not be required to disclose that he or she had a juvenile record, and (iv) if petitioning he or she SB2915 EngrossedEnrolled - 28 - LRB100 19683 RLC 34957 b may file the petition on his or her own or with the assistance of an attorney.

by the SB2915 EngrossedEnrolled - 29 - LRB100 19683 RLC 34957 b .......

SB2915 EngrossedEnrolled - 30 - LRB100 19683 RLC 34957 b Arresting Agency or Agencies:

SB2915 EngrossedEnrolled - 31 - LRB100 19683 RLC 34957 b Petitioner (Signature) first degree (3) The chief judge of the circuit in which an arrest was made or a charge was brought or any judge of that circuit designated by the chief judge may, upon verified petition of a person who is the subject of an arrest or a juvenile court proceeding under subsection (1) or (2) of this Section, order the law enforcement records or official court file, or both, to be expunged from the official records of the arresting authority, the clerk of the circuit court and the Department of State Police.

The clerk shall forward a certified copy of the order to the SB2915 EngrossedEnrolled - 32 - LRB100 19683 RLC 34957 b Department of State Police and deliver a certified copy of the order to the arresting agency.

SB2915 EngrossedEnrolled - 33 - LRB100 19683 RLC 34957 b .....................

Mail, proper postage fully prepaid, before the hour of 5:00 p.m., at the United States SB2915 EngrossedEnrolled - 34 - LRB100 19683 RLC 34957 b Postal Depository located at .................

ORDER OF EXPUNGEMENT (705 ILCS 405/5-915 (SUBSECTION 3)) This matter having been heard on the petitioner's motion and the court being fully advised in the premises does find that the petitioner is indigent or has presented reasonable cause to SB2915 EngrossedEnrolled - 35 - LRB100 19683 RLC 34957 b waive all costs in this matter, IT IS HEREBY ORDERED that:

SB2915 EngrossedEnrolled - 36 - LRB100 19683 RLC 34957 b ) ) ...................) (Name of Petitioner) NOTICE OF OBJECTION TO:(Attorney, Public Defender, Minor) .................................

( ) Prosecutor (other than State's Attorney's Office) charged SB2915 EngrossedEnrolled - 37 - LRB100 19683 RLC 34957 b with the duty of prosecuting the offense sought to be expunged;

SB2915 EngrossedEnrolled - 38 - LRB100 19683 RLC 34957 b ( ) State's Attorney's Office;

Applications for employment within the State SB2915 EngrossedEnrolled - 39 - LRB100 19683 RLC 34957 b must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest.

(6.5) The Department of State Police or any employee of the Department shall be immune from civil or criminal liability for SB2915 EngrossedEnrolled - 40 - LRB100 19683 RLC 34957 b failure to expunge any records of arrest that are subject to expungement under this Section because of inability to verify a record.