95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0572


 
Introduced 2/5/2007, by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Privacy of Child Victims of Criminal Sexual Offenses Act.  Provides that a parole agent or probation officer may obtain the identity of a child under 18 years of age who is the victim
of a criminal sexual offense from the law enforcement records and court records relating to the case.
















LRB095 04203 RLC 24242 b

















 


 


A BILL FOR









 











HB0572

LRB095 04203 RLC 24242 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 
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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 
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Records. Notwithstanding
notwithstanding any other law to the 
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contrary, inspection and copying of
law enforcement records 
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maintained by any law enforcement agency or circuit
court 
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records maintained by any circuit clerk relating to any 
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investigation
or proceeding pertaining to a criminal sexual 
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offense, by any person, except a
judge, state's attorney, 
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assistant state's attorney, psychologist,
psychiatrist, social 
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worker, doctor, parent, parole agent, probation officer,

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defendant or defendant's
attorney in any criminal proceeding or 
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investigation related thereto, shall
be restricted to exclude 
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the identity of any child who is a victim of such
criminal 
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sexual offense or alleged criminal sexual offense. A court may 
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for
the child's protection and for good cause shown, prohibit 
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any person or
agency present in court from further disclosing 
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the child's identity.

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    When a criminal sexual offense is committed or alleged to 
 


 






HB0572
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LRB095 04203 RLC 24242 b




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

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

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    A court may prohibit such disclosure only after giving 
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notice and a
hearing to all affected parties.  In determining 
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whether to prohibit
disclosure of the minor's identity the 
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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 
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    compelling State interest.

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