AB 537

Under current law, the director of state courts has established an automated

information system, known as the Consolidated Court Automation Programs

(CCAP), that contains information about cases filed in the circuit courts in this state,

including cases filed in the courts assigned to exercise jurisdiction under the

Juvenile Justice Code (juvenile courts).

Records of the juvenile court, however, are confidential and may not be opened

to inspection, nor may their contents be disclosed, except under certain statutory

exceptions or by an order of the juvenile court. Currently, those exceptions include

an exception that requires a juvenile court to disclose its records relating to a

proceeding under the Children's Code (generally, a child in need of protection

services or a termination of parental rights proceeding) or the Juvenile Justice Code

(generally, a delinquency, civil law or ordinance violation, or a juvenile in need of

protection or services proceeding) on the request of any other juvenile court, a

municipal court, or a district attorney, corporation counsel, or city, village, or town

attorney (prosecutor) to review juvenile court records for the purpose of any

proceeding in that court. In addition, current law requires the juvenile court to

disclose its records relating to a proceeding under the Juvenile Justice Code on the

request of a court of criminal jurisdiction or a district attorney to review those records

for the purpose of setting bail or impeaching a witness or on the request of a law

enforcement agency to review those records for the purpose of investigating alleged

criminal gang activity.

This bill requires the juvenile court to transfer information relating to

proceedings under the Children's Code or the Juvenile Justice Code that is contained

in the electronic records of the juvenile court to any other juvenile court, a municipal

court, a court of criminal jurisdiction, or a prosecutor of a case in any of those courts.

The bill also permits the juvenile court to transfer information relating to

proceedings under the Juvenile Justice Code that is contained in the electronic

records of the juvenile court to a law enforcement agency. A person to whom

information is transferred under the bill must keep that information confidential

and may use or allow access to that information only as follows:

1. In the case of a juvenile court, municipal court, or court of criminal

jurisdiction or an individual who is allowed access to that information by such a

court, only for the purpose of conducting or preparing for a proceeding in that court.

2. In the case of a prosecutor or an individual who is allowed access to that

information by a prosecutor, only for the purpose of performing the prosecutor's

official duties relating to a proceeding in a juvenile court, municipal court, or court

of criminal jurisdiction.

3. In the case of a law enforcement agency or an individual who is allowed

access to that information by a law enforcement agency, only for the purpose of

investigating any alleged criminal activity or any activity that may result in a court