Public Act 095-0069
 		





HB0572 Enrolled
LRB095 04203 RLC 24242 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Privacy of Child Victims of Criminal Sexual 
Offenses Act is amended  by changing Section 3 as follows:
 



    (725 ILCS 190/3)  (from Ch. 38, par. 1453)



    Sec. 3. Confidentiality of Law Enforcement and Court 
Records. Notwithstanding
notwithstanding any other law to the 
contrary, inspection and copying of
law enforcement records 
maintained by any law enforcement agency or circuit
court 
records maintained by any circuit clerk relating to any 
investigation
or proceeding pertaining to a criminal sexual 
offense, by any person, except a
judge, state's attorney, 
assistant state's attorney, psychologist,
psychiatrist, social 
worker, doctor, parent, parole agent, probation officer,

defendant or defendant's
attorney 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. 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.

    When a criminal sexual offense is committed or alleged to 
have been
committed by a school district employee on the 
premises under the
jurisdiction of a public school district or 
during an official school
sponsored activity, a copy of the law 
enforcement records maintained by any
law enforcement agency or 
circuit court records maintained by any circuit
clerk relating 
to the investigation of the offense or alleged offense shall be

made available for inspection and copying by the superintendent 
of schools
of the district.  The superintendent shall be 
restricted from specifically
revealing the name of the victim 
without written consent of the victim or
victim's parent or 
guardian.

    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:


        (a) the best interest of the child; and


        (b) whether such nondisclosure would further a 
    compelling State interest.

(Source: P.A. 87-553.)