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| Public Act 095-0599 |
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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 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, 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.
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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
on the | ||
premises under the
jurisdiction of a public school district or | ||
during an official school
sponsored activity, a copy of the | ||
criminal history record information
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
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transmitted to
made available for inspection and copying by 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 superintendent shall be | ||
restricted from specifically
revealing the name of the victim | ||
without written consent of the victim or
victim's parent or | ||
guardian.
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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. | ||
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) | ||
of
paragraph (c) of subsection (1) of Section 7 of the | ||
Freedom of Information Act.
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(Source: P.A. 87-553.)
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