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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Privacy of Child Victims of Criminal Sexual | ||||||
5 | Offenses Act is amended by changing Section 3 as follows:
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6 | (725 ILCS 190/3) (from Ch. 38, par. 1453)
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7 | Sec. 3. Confidentiality of Law Enforcement and Court | ||||||
8 | Records. notwithstanding any other law to the contrary, | ||||||
9 | inspection and copying of
law enforcement records maintained by | ||||||
10 | any law enforcement agency or circuit
court records maintained | ||||||
11 | by any circuit clerk relating to any investigation
or | ||||||
12 | proceeding pertaining to a criminal sexual offense, by any | ||||||
13 | person, except a
judge, state's attorney, assistant state's | ||||||
14 | attorney, psychologist,
psychiatrist, social worker, doctor, | ||||||
15 | parent, defendant or defendant's
attorney in any criminal | ||||||
16 | proceeding or investigation related thereto, shall
be | ||||||
17 | restricted to exclude the identity of any child who is a victim | ||||||
18 | of such
criminal sexual offense or alleged criminal sexual | ||||||
19 | offense. A court may for
the child's protection and for good | ||||||
20 | cause shown, prohibit any person or
agency present in court | ||||||
21 | from further disclosing the child's identity.
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22 | When a criminal sexual offense is committed or alleged to | ||||||
23 | have been
committed by a school district employee or any |
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1 | individual contractually employed by a school district
on the | ||||||
2 | premises under the
jurisdiction of a public school district or | ||||||
3 | during an official school
sponsored activity , a copy of the | ||||||
4 | criminal history record information
law enforcement records | ||||||
5 | maintained by any
law enforcement agency or circuit court | ||||||
6 | records maintained by any circuit
clerk relating to the | ||||||
7 | investigation of the offense or alleged offense shall be
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8 | transmitted to
made available for inspection and copying by the | ||||||
9 | superintendent of schools
of the district immediately upon | ||||||
10 | request or if the law enforcement agency knows that a school | ||||||
11 | district employee or any individual contractually employed by a | ||||||
12 | school district has committed or is alleged to have committed a | ||||||
13 | criminal sexual offense, the superintendent of schools
of the | ||||||
14 | district shall be immediately provided a copy of the criminal | ||||||
15 | history record information . The superintendent shall be | ||||||
16 | restricted from specifically
revealing the name of the victim | ||||||
17 | without written consent of the victim or
victim's parent or | ||||||
18 | guardian.
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19 | A court may prohibit such disclosure only after giving | ||||||
20 | notice and a
hearing to all affected parties. In determining | ||||||
21 | whether to prohibit
disclosure of the minor's identity the | ||||||
22 | court shall consider:
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23 | (a) the best interest of the child; and
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24 | (b) whether such nondisclosure would further a | ||||||
25 | compelling State interest. | ||||||
26 | For the purposes of this Act, "criminal history record |
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1 | information" means: | ||||||
2 | (i) chronologically maintained arrest information, | ||||||
3 | such as traditional
arrest logs or blotters; | ||||||
4 | (ii) the name of a person in the custody of a law | ||||||
5 | enforcement agency and
the charges for which that person is | ||||||
6 | being held; | ||||||
7 | (iii) court records that are public; | ||||||
8 | (iv) records that are otherwise available under State | ||||||
9 | or local law; or | ||||||
10 | (v) records in which the requesting party is the | ||||||
11 | individual
identified, except as provided under part (vii) | ||||||
12 | of
paragraph (c) of subsection (1) of Section 7 of the | ||||||
13 | Freedom of Information Act.
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14 | (Source: P.A. 87-553.)
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