Public Act 0651 102ND GENERAL ASSEMBLY |
Public Act 102-0651 |
SB2339 Enrolled | LRB102 16187 KMF 21566 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Privacy of Child Victims of Criminal Sexual |
Offenses Act is amended by changing Section 3 as follows:
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(725 ILCS 190/3) (from Ch. 38, par. 1453)
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Sec. 3. Confidentiality of Law Enforcement and Court |
Records. Notwithstanding any other law to the contrary, |
inspection and copying of
law enforcement records maintained |
by any law enforcement agency or all circuit
court records |
maintained by any circuit clerk relating to any investigation
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or proceeding pertaining to a criminal sexual offense, by any |
person, except a
judge, state's attorney, assistant state's |
attorney, Attorney General, Assistant Attorney General, |
psychologist,
psychiatrist, social worker, doctor, parent, |
parole agent, aftercare specialist, probation officer,
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defendant , or defendant's
attorney , advocate, or victim's |
attorney (as defined in Section 3 of the Illinois Rights of |
Crime Victims and Witnesses Act) in any criminal proceeding or |
investigation related thereto, shall
be restricted to exclude |
the identity of any child who is a victim of such
criminal |
sexual offense or alleged criminal sexual offense unless a |
court order is issued authorizing the removal of such |
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restriction as provided under this Section of a particular |
case record or particular records of cases maintained by any |
circuit court clerk . A court may for
the child's protection |
and for good cause shown, prohibit any person or
agency |
present in court from further disclosing the child's identity.
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A court may prohibit such disclosure only after giving |
notice and a hearing to all affected parties. In determining |
whether to prohibit disclosure of the minor's identity, the |
court shall consider: |
(1) the best interest of the child; and |
(2) whether such nondisclosure would further a |
compelling State interest. |
When a criminal sexual offense is committed or alleged to |
have been
committed by a school district employee or any |
individual contractually employed by a school district, a copy |
of the criminal history record information relating to the |
investigation of the offense or alleged offense shall be
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transmitted to the superintendent of schools
of the district |
immediately upon request or if the law enforcement agency |
knows that a school district employee or any individual |
contractually employed by a school district has committed or |
is alleged to have committed a criminal sexual offense, the |
superintendent of schools
of the district shall be immediately |
provided a copy of the criminal history record information. |
The copy of the criminal history record information to be |
provided under this Section shall exclude the identity of the |
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child victim. The superintendent shall be restricted from |
specifically
revealing the identity name of the victim without |
written consent of the victim or
victim's parent or guardian . |
Nothing in this Article precludes or may be used to preclude a |
mandated reporter from reporting child abuse or child neglect |
as required under the Abused and Neglected Child Reporting |
Act.
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A court may prohibit such disclosure only after giving |
notice and a
hearing to all affected parties. In determining |
whether to prohibit
disclosure of the minor's identity the |
court shall consider:
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(a) the best interest of the child; and
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(b) whether such nondisclosure would further a |
compelling State interest.
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For the purposes of this Act, "criminal history record |
information" means: |
(i) chronologically maintained arrest information, |
such as traditional
arrest logs or blotters; |
(ii) the name of a person in the custody of a law |
enforcement agency and
the charges for which that person |
is being held; |
(iii) court records that are public; |
(iv) records that are otherwise available under State |
or local law; or |
(v) records in which the requesting party is the |
individual
identified, except as provided under part (vii) |
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of
paragraph (c) of subsection (1) of Section 7 of the |
Freedom of Information Act.
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(Source: P.A. 98-558, eff. 1-1-14.)
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