HB 682 — JUV CT-RECORDS-DISCLOSURE

*LRB09608718RLC18850b* HB0682 96THEngrossed GENERALLRB096 ASSEMBLY08718 StateRLC of18850 Illinoisb andAN 2010ACT HB0682concerning Introducedjuveniles. 2/6/2009, by Rep.

William D.

Burns SYNOPSIS AS INTRODUCED:

ILCS 405/1-7 from Ch.

37, par.

801-7 ILCS 405/5-905 Amends the Juvenile Court Act of 1987.

Permits persons or their staff charged by a unit of local government with the duty of investigating the conduct of law enforcement officers to inspect and copy law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested or taken into custody before his or her 17th birthday.

Effective immediately.

LRB096 08718 RLC 18850 b A BILL FOR HB0682 LRB096 08718 RLC 18850 b AN ACT concerning juveniles.

(1) Any local, State or federal law enforcement 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 theirits official duties,duties personsin connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or theirits staff created by ordinance and charged by a unit of local HB0682 Engrossed - 2 - LRB096 08718 RLC 18850 b government with the duty of investigating the conduct of law enforcement officers.

For purposes of this Section, "criminal street HB0682 - 2 - LRB096 08718 RLC 18850 b gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

HB0682 Engrossed - 3 - LRB096 08718 RLC 18850 b (5) Authorized military personnel.

(6) Persons engaged in bona fide research, with the permission of the Presiding Judge of the Juvenile Court and HB0682 - 3 - LRB096 08718 RLC 18850 b the chief executive of the respective law enforcement agency;

or HB0682 Engrossed - 4 - LRB096 08718 RLC 18850 b (v) a violation of the Methamphetamine Control and Community Protection Act.

(9) Mental health professionals on behalf of the HB0682 - 4 - LRB096 08718 RLC 18850 b 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 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.

(2) Law enforcement officers or other persons or HB0682 Engrossed - 5 - LRB096 08718 RLC 18850 b 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 17th HB0682 - 5 - LRB096 08718 RLC 18850 b birthday for the offense of unlawful use of weapons under Article 24 of the Criminal Code of 1961, a Class X or Class 1 felony, a forcible felony as defined in Section 2-8 of the Criminal Code of 1961, 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.

(C) The records of law enforcement officersofficers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under 17 years of age must be maintained separate from the records of arrests and may not be open to public inspection or their contents disclosed to the public except by order of the court presiding over matters pursuant to this Act or when the HB0682 Engrossed - 6 - LRB096 08718 RLC 18850 b institution of criminal proceedings has been permitted or required under Section 5-805 or such a person has been convicted of a crime and is the subject of pre-sentence investigation or proceedings on an application for probation or when provided by law.

For purposes of obtaining documents pursuant to this Section, a civil subpoena is not an order of HB0682 - 6 - LRB096 08718 RLC 18850 b the court.

(1) In cases where the law enforcementenforcement, or independent agency, records concern a pending juvenile court case, the party seeking to inspect the records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.

Any records obtained in violation of this subsection (C) shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office or securing employment, HB0682 Engrossed - 7 - LRB096 08718 RLC 18850 b or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority.

(D) Nothing contained in subsection (C) of this Section shall prohibit the inspection or disclosure to victims and witnesses of photographs contained in the records of law enforcement agencies when the inspection and disclosure is HB0682 - 7 - LRB096 08718 RLC 18850 b 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.

(E) Law enforcement officersofficers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor.

The information provided under this subsection (F) HB0682 Engrossed - 8 - LRB096 08718 RLC 18850 b shall remain confidential and shall not be publicly disclosed, except as otherwise allowed by law.

HB0682 - 8 - LRB096 08718 RLC 18850 b (Source:

(b) Law enforcement officers, probation officers or prosecutors or their staff,staff or, personsor, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law HB0682 Engrossed - 9 - LRB096 08718 RLC 18850 b enforcement officer, an independent agency or theirits staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers;

provided that publication of such research results in no disclosure of a minor's identity and protects HB0682 - 9 - LRB096 08718 RLC 18850 b the confidentiality of the record;

Inspection and copying shall be limited to law enforcement records transmitted to the appropriate school official by a local law enforcement agency under a reciprocal reporting system HB0682 Engrossed - 10 - LRB096 08718 RLC 18850 b 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 for any offense classified as a felony or a Class A or B misdemeanor.

(3) Relevant information, reports and records shall be made available to the Department of Juvenile Justice when a juvenile offender has been placed in the custody of the Department of HB0682 - 10 - LRB096 08718 RLC 18850 b Juvenile Justice.

(5) The records of law enforcement officers , or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under 17 HB0682 Engrossed - 11 - LRB096 08718 RLC 18850 b years of age must be maintained separate from the records of adults and may not be open to public inspection or their contents disclosed to the public except by order of the court or when the institution of criminal proceedings has been permitted under Section 5-130 or 5-805 or required under Section 5-130 or 5-805 or such a person has been convicted of a crime and is the subject of pre-sentence investigation or when provided by law.

(6) Except as otherwise provided in this subsection (6), law enforcement officersofficers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor.

Upon a finding by clear and convincing evidence that the disclosure is either necessary for the victim to pursue a civil remedy HB0682 - 11 - LRB096 08718 RLC 18850 b against the minor or the minor's parents or legal guardian, or both, or to protect the victim's person or property from the minor, then the court may order the disclosure of the information to the victim or to the parent or legal guardian of the victim only for the purpose of the victim pursuing a civil remedy against the minor or the minor's parents or legal HB0682 Engrossed - 12 - LRB096 08718 RLC 18850 b guardian, or both, or to protect the victim's person or property from the minor.