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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 1. Short title. This Act may be cited as the | ||||||
5 | Privacy of Adult Victims of Criminal Sexual Offenses Act. | ||||||
6 | Section 5. Definitions. | ||||||
7 | "Adult victim" means any person 18 years of age or older. | ||||||
8 | "Criminal history record information" means: | ||||||
9 | (1) chronologically maintained arrest information, | ||||||
10 | including, but not limited to, traditional arrest logs or | ||||||
11 | blotters; | ||||||
12 | (2) the name of a person in the custody of a law | ||||||
13 | enforcement agency and the charges for which that person | ||||||
14 | is being held; | ||||||
15 | (3) court records that are public, and
records that | ||||||
16 | are otherwise available under State or local law; or
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17 | (4) records in which the requesting party is the | ||||||
18 | individual identified, except as provided under part (vii) | ||||||
19 | of paragraph (c) of subsection (1) of Section 7 of the | ||||||
20 | Freedom of Information Act. | ||||||
21 | Section 10. Victim privacy. Notwithstanding any other law | ||||||
22 | to the contrary, inspection and copying of law enforcement |
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1 | records maintained by any law enforcement agency or all | ||||||
2 | circuit court records maintained by any circuit clerk relating | ||||||
3 | to any investigation or proceeding pertaining to a criminal | ||||||
4 | sexual offense, by any person, except a judge, State's | ||||||
5 | Attorney, Assistant State's Attorney, Attorney General, | ||||||
6 | Assistant Attorney General, psychologist, psychiatrist, social | ||||||
7 | worker, doctor, parole agent, aftercare specialist, probation | ||||||
8 | officer, defendant, defendant's attorney, advocate, or | ||||||
9 | victim's attorney (as
defined in Section 3 of the Illinois | ||||||
10 | Rights of Crime Victims and Witnesses Act) in any criminal | ||||||
11 | proceeding or investigation related thereto shall be | ||||||
12 | restricted to exclude the identity of any adult victim of such | ||||||
13 | criminal sexual offense or alleged criminal sexual offense | ||||||
14 | unless a court order is issued authorizing the removal of such | ||||||
15 | restriction as provided under this Section of a particular | ||||||
16 | case record or particular records of cases maintained by any | ||||||
17 | circuit court clerk. | ||||||
18 | A court may for the adult victim's protection and for good | ||||||
19 | cause shown, prohibit any person or agency present in court | ||||||
20 | from further disclosing the adult victim's identity. A court | ||||||
21 | may prohibit such disclosure only after giving notice and a | ||||||
22 | hearing to all affected parties. In determining whether to | ||||||
23 | prohibit disclosure of the adult victim's identity the court | ||||||
24 | shall consider: | ||||||
25 | (1) the best interest of the adult victim; and | ||||||
26 | (2) whether such nondisclosure would further a |
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1 | compelling State interest. | ||||||
2 | Section 15. Criminal sexual offense and school districts. | ||||||
3 | When a criminal sexual offense is committed or alleged to have | ||||||
4 | been committed by a school district employee or any individual | ||||||
5 | contractually employed by a school district, a copy of the | ||||||
6 | criminal history record information relating to the | ||||||
7 | investigation of the offense or alleged offense shall be | ||||||
8 | transmitted to the superintendent of schools of the district | ||||||
9 | immediately upon request or if the law enforcement agency | ||||||
10 | knows that a school district employee or any individual | ||||||
11 | contractually employed by a school district has committed or | ||||||
12 | is alleged to have committed a criminal sexual offense, the | ||||||
13 | superintendent of schools of the district shall be immediately | ||||||
14 | provided a copy of the criminal history record information. | ||||||
15 | The copy of the criminal history record information that is to | ||||||
16 | be provided under this Section shall exclude the identity of | ||||||
17 | the adult victim. The superintendent shall be restricted from | ||||||
18 | revealing the identity of the adult victim.
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