Illinois 2023-2024 Regular Session

Illinois House Bill HB4058 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4058 Introduced 5/2/2023, by Rep. Brad Stephens - Jackie Haas SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-7 Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes. LRB103 31891 RLC 60567 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4058 Introduced 5/2/2023, by Rep. Brad Stephens - Jackie Haas SYNOPSIS AS INTRODUCED: 705 ILCS 405/1-7 705 ILCS 405/1-7 Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes. LRB103 31891 RLC 60567 b LRB103 31891 RLC 60567 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4058 Introduced 5/2/2023, by Rep. Brad Stephens - Jackie Haas SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/1-7 705 ILCS 405/1-7
4	4	705 ILCS 405/1-7
5	5	Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes.
6	6	LRB103 31891 RLC 60567 b LRB103 31891 RLC 60567 b
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10	10	HB4058 LRB103 31891 RLC 60567 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Juvenile Court Act of 1987 is amended by
15	15	5 changing Section 1-7 as follows:
16	16	6 (705 ILCS 405/1-7)
17	17	7 Sec. 1-7. Confidentiality of juvenile law enforcement and
18	18	8 municipal ordinance violation records.
19	19	9 (A) All juvenile law enforcement records which have not
20	20	10 been expunged are confidential and may never be disclosed to
21	21	11 the general public or otherwise made widely available.
22	22	12 Juvenile law enforcement records may be obtained only under
23	23	13 this Section and Section 1-8 and Part 9 of Article V of this
24	24	14 Act, when their use is needed for good cause and with an order
25	25	15 from the juvenile court, as required by those not authorized
26	26	16 to retain them. Inspection, copying, and disclosure of
27	27	17 juvenile law enforcement records maintained by law enforcement
28	28	18 agencies or records of municipal ordinance violations
29	29	19 maintained by any State, local, or municipal agency that
30	30	20 relate to a minor who has been investigated, arrested, or
31	31	21 taken into custody before his or her 18th birthday shall be
32	32	22 restricted to the following:
33	33	23 (0.05) The minor who is the subject of the juvenile
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4058 Introduced 5/2/2023, by Rep. Brad Stephens - Jackie Haas SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/1-7 705 ILCS 405/1-7
39	39	705 ILCS 405/1-7
40	40	Amends the Juvenile Court Act of 1987. Provides that the name of the minor who is the alleged offender named in a juvenile law enforcement record may be disclosed to the victim or alleged victim named in the law enforcement record upon request by the victim, in writing, to the law enforcement agency for the name of the minor who is the alleged offender named in the law enforcement record, unless the law enforcement agency determines that the release of the information would impede the criminal investigation of the case described in the law enforcement record. Provides that upon receipt of the written request, the law enforcement agency shall provide the identity of the offender or alleged offender to the victim within 30 days after receipt of the request. Provides that the victim or alleged victim named in the law enforcement record, before receiving the information, shall sign an affidavit provided by the law enforcement agency stating that he or she will not disclose the information contained in the law enforcement record to the public, but the victim may use the information for civil litigation purposes. Provides that the identity of the offender or alleged offender may not be publicly disclosed by the victim or alleged victim, except for civil litigation purposes.
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43	43	A BILL FOR
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68	68	1 law enforcement record, his or her parents, guardian, and
69	69	2 counsel.
70	70	3 (0.10) Judges of the circuit court and members of the
71	71	4 staff of the court designated by the judge.
72	72	5 (0.15) An administrative adjudication hearing officer
73	73	6 or members of the staff designated to assist in the
74	74	7 administrative adjudication process.
75	75	8 (1) Any local, State, or federal law enforcement
76	76	9 officers or designated law enforcement staff of any
77	77	10 jurisdiction or agency when necessary for the discharge of
78	78	11 their official duties during the investigation or
79	79	12 prosecution of a crime or relating to a minor who has been
80	80	13 adjudicated delinquent and there has been a previous
81	81	14 finding that the act which constitutes the previous
82	82	15 offense was committed in furtherance of criminal
83	83	16 activities by a criminal street gang, or, when necessary
84	84	17 for the discharge of its official duties in connection
85	85	18 with a particular investigation of the conduct of a law
86	86	19 enforcement officer, an independent agency or its staff
87	87	20 created by ordinance and charged by a unit of local
88	88	21 government with the duty of investigating the conduct of
89	89	22 law enforcement officers. For purposes of this Section,
90	90	23 "criminal street gang" has the meaning ascribed to it in
91	91	24 Section 10 of the Illinois Streetgang Terrorism Omnibus
92	92	25 Prevention Act.
93	93	26 (2) Prosecutors, public defenders, probation officers,
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104	104	1 social workers, or other individuals assigned by the court
105	105	2 to conduct a pre-adjudication or pre-disposition
106	106	3 investigation, and individuals responsible for supervising
107	107	4 or providing temporary or permanent care and custody for
108	108	5 minors under the order of the juvenile court, when
109	109	6 essential to performing their responsibilities.
110	110	7 (3) Federal, State, or local prosecutors, public
111	111	8 defenders, probation officers, and designated staff:
112	112	9 (a) in the course of a trial when institution of
113	113	10 criminal proceedings has been permitted or required
114	114	11 under Section 5-805;
115	115	12 (b) when institution of criminal proceedings has
116	116	13 been permitted or required under Section 5-805 and the
117	117	14 minor is the subject of a proceeding to determine the
118	118	15 conditions of pretrial release;
119	119	16 (c) when criminal proceedings have been permitted
120	120	17 or required under Section 5-805 and the minor is the
121	121	18 subject of a pre-trial investigation, pre-sentence
122	122	19 investigation, fitness hearing, or proceedings on an
123	123	20 application for probation; or
124	124	21 (d) in the course of prosecution or administrative
125	125	22 adjudication of a violation of a traffic, boating, or
126	126	23 fish and game law, or a county or municipal ordinance.
127	127	24 (4) Adult and Juvenile Prisoner Review Board.
128	128	25 (5) Authorized military personnel.
129	129	26 (5.5) Employees of the federal government authorized
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140	140	1 by law.
141	141	2 (6) Persons engaged in bona fide research, with the
142	142	3 permission of the Presiding Judge and the chief executive
143	143	4 of the respective law enforcement agency; provided that
144	144	5 publication of such research results in no disclosure of a
145	145	6 minor's identity and protects the confidentiality of the
146	146	7 minor's record.
147	147	8 (7) Department of Children and Family Services child
148	148	9 protection investigators acting in their official
149	149	10 capacity.
150	150	11 (8) The appropriate school official only if the agency
151	151	12 or officer believes that there is an imminent threat of
152	152	13 physical harm to students, school personnel, or others.
153	153	14 (A) Inspection and copying shall be limited to
154	154	15 juvenile law enforcement records transmitted to the
155	155	16 appropriate school official or officials whom the
156	156	17 school has determined to have a legitimate educational
157	157	18 or safety interest by a local law enforcement agency
158	158	19 under a reciprocal reporting system established and
159	159	20 maintained between the school district and the local
160	160	21 law enforcement agency under Section 10-20.14 of the
161	161	22 School Code concerning a minor enrolled in a school
162	162	23 within the school district who has been arrested or
163	163	24 taken into custody for any of the following offenses:
164	164	25 (i) any violation of Article 24 of the
165	165	26 Criminal Code of 1961 or the Criminal Code of
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176	176	1 2012;
177	177	2 (ii) a violation of the Illinois Controlled
178	178	3 Substances Act;
179	179	4 (iii) a violation of the Cannabis Control Act;
180	180	5 (iv) a forcible felony as defined in Section
181	181	6 2-8 of the Criminal Code of 1961 or the Criminal
182	182	7 Code of 2012;
183	183	8 (v) a violation of the Methamphetamine Control
184	184	9 and Community Protection Act;
185	185	10 (vi) a violation of Section 1-2 of the
186	186	11 Harassing and Obscene Communications Act;
187	187	12 (vii) a violation of the Hazing Act; or
188	188	13 (viii) a violation of Section 12-1, 12-2,
189	189	14 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
190	190	15 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
191	191	16 Criminal Code of 1961 or the Criminal Code of
192	192	17 2012.
193	193	18 The information derived from the juvenile law
194	194	19 enforcement records shall be kept separate from and
195	195	20 shall not become a part of the official school record
196	196	21 of that child and shall not be a public record. The
197	197	22 information shall be used solely by the appropriate
198	198	23 school official or officials whom the school has
199	199	24 determined to have a legitimate educational or safety
200	200	25 interest to aid in the proper rehabilitation of the
201	201	26 child and to protect the safety of students and
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212	212	1 employees in the school. If the designated law
213	213	2 enforcement and school officials deem it to be in the
214	214	3 best interest of the minor, the student may be
215	215	4 referred to in-school or community-based social
216	216	5 services if those services are available.
217	217	6 "Rehabilitation services" may include interventions by
218	218	7 school support personnel, evaluation for eligibility
219	219	8 for special education, referrals to community-based
220	220	9 agencies such as youth services, behavioral healthcare
221	221	10 service providers, drug and alcohol prevention or
222	222	11 treatment programs, and other interventions as deemed
223	223	12 appropriate for the student.
224	224	13 (B) Any information provided to appropriate school
225	225	14 officials whom the school has determined to have a
226	226	15 legitimate educational or safety interest by local law
227	227	16 enforcement officials about a minor who is the subject
228	228	17 of a current police investigation that is directly
229	229	18 related to school safety shall consist of oral
230	230	19 information only, and not written juvenile law
231	231	20 enforcement records, and shall be used solely by the
232	232	21 appropriate school official or officials to protect
233	233	22 the safety of students and employees in the school and
234	234	23 aid in the proper rehabilitation of the child. The
235	235	24 information derived orally from the local law
236	236	25 enforcement officials shall be kept separate from and
237	237	26 shall not become a part of the official school record
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248	248	1 of the child and shall not be a public record. This
249	249	2 limitation on the use of information about a minor who
250	250	3 is the subject of a current police investigation shall
251	251	4 in no way limit the use of this information by
252	252	5 prosecutors in pursuing criminal charges arising out
253	253	6 of the information disclosed during a police
254	254	7 investigation of the minor. For purposes of this
255	255	8 paragraph, "investigation" means an official
256	256	9 systematic inquiry by a law enforcement agency into
257	257	10 actual or suspected criminal activity.
258	258	11 (9) Mental health professionals on behalf of the
259	259	12 Department of Corrections or the Department of Human
260	260	13 Services or prosecutors who are evaluating, prosecuting,
261	261	14 or investigating a potential or actual petition brought
262	262	15 under the Sexually Violent Persons Commitment Act relating
263	263	16 to a person who is the subject of juvenile law enforcement
264	264	17 records or the respondent to a petition brought under the
265	265	18 Sexually Violent Persons Commitment Act who is the subject
266	266	19 of the juvenile law enforcement records sought. Any
267	267	20 juvenile law enforcement records and any information
268	268	21 obtained from those juvenile law enforcement records under
269	269	22 this paragraph (9) may be used only in sexually violent
270	270	23 persons commitment proceedings.
271	271	24 (10) The president of a park district. Inspection and
272	272	25 copying shall be limited to juvenile law enforcement
273	273	26 records transmitted to the president of the park district
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284	284	1 by the Illinois State Police under Section 8-23 of the
285	285	2 Park District Code or Section 16a-5 of the Chicago Park
286	286	3 District Act concerning a person who is seeking employment
287	287	4 with that park district and who has been adjudicated a
288	288	5 juvenile delinquent for any of the offenses listed in
289	289	6 subsection (c) of Section 8-23 of the Park District Code
290	290	7 or subsection (c) of Section 16a-5 of the Chicago Park
291	291	8 District Act.
292	292	9 (11) Persons managing and designated to participate in
293	293	10 a court diversion program as designated in subsection (6)
294	294	11 of Section 5-105.
295	295	12 (12) The Public Access Counselor of the Office of the
296	296	13 Attorney General, when reviewing juvenile law enforcement
297	297	14 records under its powers and duties under the Freedom of
298	298	15 Information Act.
299	299	16 (13) Collection agencies, contracted or otherwise
300	300	17 engaged by a governmental entity, to collect any debts due
301	301	18 and owing to the governmental entity.
302	302	19 (14) The victim or alleged victim named in a law
303	303	20 enforcement record upon request by the victim, in writing,
304	304	21 to the law enforcement agency for the name of the minor who
305	305	22 is the alleged offender named in the law enforcement
306	306	23 record, unless the law enforcement agency determines that
307	307	24 the release of the information would impede the criminal
308	308	25 investigation of the case described in the law enforcement
309	309	26 record. Upon receipt of the written request, the law
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320	320	1 enforcement agency shall provide the identity of the
321	321	2 offender or alleged offender to the victim within 30 days
322	322	3 after receipt of the request. The victim or alleged victim
323	323	4 named in the law enforcement record, before receiving the
324	324	5 information, shall sign an affidavit provided by the law
325	325	6 enforcement agency stating that he or she will not
326	326	7 disclose the information contained in the law enforcement
327	327	8 record to the public, but the victim may use the
328	328	9 information for civil litigation purposes. The identity of
329	329	10 the offender or alleged offender may not be publicly
330	330	11 disclosed by the victim or alleged victim, except for
331	331	12 civil litigation purposes.
332	332	13 (B)(1) Except as provided in paragraph (2), no law
333	333	14 enforcement officer or other person or agency may knowingly
334	334	15 transmit to the Department of Corrections, the Illinois State
335	335	16 Police, or the Federal Bureau of Investigation any fingerprint
336	336	17 or photograph relating to a minor who has been arrested or
337	337	18 taken into custody before his or her 18th birthday, unless the
338	338	19 court in proceedings under this Act authorizes the
339	339	20 transmission or enters an order under Section 5-805 permitting
340	340	21 or requiring the institution of criminal proceedings.
341	341	22 (2) Law enforcement officers or other persons or agencies
342	342	23 shall transmit to the Illinois State Police copies of
343	343	24 fingerprints and descriptions of all minors who have been
344	344	25 arrested or taken into custody before their 18th birthday for
345	345	26 the offense of unlawful use of weapons under Article 24 of the
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356	356	1 Criminal Code of 1961 or the Criminal Code of 2012, a Class X
357	357	2 or Class 1 felony, a forcible felony as defined in Section 2-8
358	358	3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a
359	359	4 Class 2 or greater felony under the Cannabis Control Act, the
360	360	5 Illinois Controlled Substances Act, the Methamphetamine
361	361	6 Control and Community Protection Act, or Chapter 4 of the
362	362	7 Illinois Vehicle Code, pursuant to Section 5 of the Criminal
363	363	8 Identification Act. Information reported to the Department
364	364	9 pursuant to this Section may be maintained with records that
365	365	10 the Department files pursuant to Section 2.1 of the Criminal
366	366	11 Identification Act. Nothing in this Act prohibits a law
367	367	12 enforcement agency from fingerprinting a minor taken into
368	368	13 custody or arrested before his or her 18th birthday for an
369	369	14 offense other than those listed in this paragraph (2).
370	370	15 (C) The records of law enforcement officers, or of an
371	371	16 independent agency created by ordinance and charged by a unit
372	372	17 of local government with the duty of investigating the conduct
373	373	18 of law enforcement officers, concerning all minors under 18
374	374	19 years of age must be maintained separate from the records of
375	375	20 arrests and may not be open to public inspection or their
376	376	21 contents disclosed to the public. For purposes of obtaining
377	377	22 documents under this Section, a civil subpoena is not an order
378	378	23 of the court.
379	379	24 (1) In cases where the law enforcement, or independent
380	380	25 agency, records concern a pending juvenile court case, the
381	381	26 party seeking to inspect the records shall provide actual
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392	392	1 notice to the attorney or guardian ad litem of the minor
393	393	2 whose records are sought.
394	394	3 (2) In cases where the records concern a juvenile
395	395	4 court case that is no longer pending, the party seeking to
396	396	5 inspect the records shall provide actual notice to the
397	397	6 minor or the minor's parent or legal guardian, and the
398	398	7 matter shall be referred to the chief judge presiding over
399	399	8 matters pursuant to this Act.
400	400	9 (3) In determining whether the records should be
401	401	10 available for inspection, the court shall consider the
402	402	11 minor's interest in confidentiality and rehabilitation
403	403	12 over the moving party's interest in obtaining the
404	404	13 information. Any records obtained in violation of this
405	405	14 subsection (C) shall not be admissible in any criminal or
406	406	15 civil proceeding, or operate to disqualify a minor from
407	407	16 subsequently holding public office or securing employment,
408	408	17 or operate as a forfeiture of any public benefit, right,
409	409	18 privilege, or right to receive any license granted by
410	410	19 public authority.
411	411	20 (D) Nothing contained in subsection (C) of this Section
412	412	21 shall prohibit the inspection or disclosure to victims and
413	413	22 witnesses of photographs contained in the records of law
414	414	23 enforcement agencies when the inspection and disclosure is
415	415	24 conducted in the presence of a law enforcement officer for the
416	416	25 purpose of the identification or apprehension of any person
417	417	26 subject to the provisions of this Act or for the investigation
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428	428	1 or prosecution of any crime.
429	429	2 (E) Law enforcement officers, and personnel of an
430	430	3 independent agency created by ordinance and charged by a unit
431	431	4 of local government with the duty of investigating the conduct
432	432	5 of law enforcement officers, may not disclose the identity of
433	433	6 any minor in releasing information to the general public as to
434	434	7 the arrest, investigation or disposition of any case involving
435	435	8 a minor.
436	436	9 (F) Nothing contained in this Section shall prohibit law
437	437	10 enforcement agencies from communicating with each other by
438	438	11 letter, memorandum, teletype, or intelligence alert bulletin
439	439	12 or other means the identity or other relevant information
440	440	13 pertaining to a person under 18 years of age if there are
441	441	14 reasonable grounds to believe that the person poses a real and
442	442	15 present danger to the safety of the public or law enforcement
443	443	16 officers. The information provided under this subsection (F)
444	444	17 shall remain confidential and shall not be publicly disclosed,
445	445	18 except as otherwise allowed by law.
446	446	19 (G) Nothing in this Section shall prohibit the right of a
447	447	20 Civil Service Commission or appointing authority of any
448	448	21 federal government, state, county or municipality examining
449	449	22 the character and fitness of an applicant for employment with
450	450	23 a law enforcement agency, correctional institution, or fire
451	451	24 department from obtaining and examining the records of any law
452	452	25 enforcement agency relating to any record of the applicant
453	453	26 having been arrested or taken into custody before the
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464	464	1 applicant's 18th birthday.
465	465	2 (G-5) Information identifying victims and alleged victims
466	466	3 of sex offenses shall not be disclosed or open to the public
467	467	4 under any circumstances. Nothing in this Section shall
468	468	5 prohibit the victim or alleged victim of any sex offense from
469	469	6 voluntarily disclosing his or her own identity.
470	470	7 (H) The changes made to this Section by Public Act 98-61
471	471	8 apply to law enforcement records of a minor who has been
472	472	9 arrested or taken into custody on or after January 1, 2014 (the
473	473	10 effective date of Public Act 98-61).
474	474	11 (H-5) Nothing in this Section shall require any court or
475	475	12 adjudicative proceeding for traffic, boating, fish and game
476	476	13 law, or municipal and county ordinance violations to be closed
477	477	14 to the public.
478	478	15 (I) Willful violation of this Section is a Class C
479	479	16 misdemeanor and each violation is subject to a fine of $1,000.
480	480	17 This subsection (I) shall not apply to the person who is the
481	481	18 subject of the record.
482	482	19 (J) A person convicted of violating this Section is liable
483	483	20 for damages in the amount of $1,000 or actual damages,
484	484	21 whichever is greater.
485	485	22 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
486	486	23 102-752, eff. 1-1-23; 102-813, eff. 5-13-22.)
487	487
488	488
489	489
490	490
491	491
492	492	HB4058 - 13 - LRB103 31891 RLC 60567 b