HB3512 Engrossed

LRB095 03546 RLC 32041 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 any other law to the contrary, 
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inspection and copying of
law enforcement records maintained by 
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any law enforcement agency or circuit
court records maintained 
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by any circuit clerk relating to any investigation
or 
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proceeding pertaining to a criminal sexual offense, by any 
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person, except a
judge, state's attorney, assistant state's 
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attorney, psychologist,
psychiatrist, social worker, doctor, 
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parent, defendant or defendant's
attorney in any criminal 
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proceeding or investigation related thereto, shall
be 
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restricted to exclude the identity of any child who is a victim 
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of such
criminal sexual offense or alleged criminal sexual 
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offense. A court may for
the child's protection and for good 
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cause shown, prohibit any person or
agency present in court 
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from further disclosing the child's identity.

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    When a criminal sexual offense is committed or alleged to 
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have been
committed by a school district employee or any 
 


 






HB3512 Engrossed
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LRB095 03546 RLC 32041 b




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individual contractually employed by a school district
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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transmitted to
made available for inspection and copying by the 
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superintendent of schools
of the district.  The superintendent 
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shall be restricted from specifically
revealing the name of the 
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victim without written consent of the victim or
victim's parent 
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or 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.)