Rep. Kelly M. Cassidy
Filed: 5/7/2021
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1 | AMENDMENT TO SENATE BILL 2340
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2 | AMENDMENT NO. ______. Amend Senate Bill 2340 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | (4) records in which the requesting party is the | ||||||
2 | individual identified, except as provided under part (vii) | ||||||
3 | of paragraph (c) of subsection (1) of Section 7 of the | ||||||
4 | Freedom of Information Act. | ||||||
5 | Section 10. Victim privacy. Notwithstanding any other law | ||||||
6 | to the contrary, inspection and copying of law enforcement | ||||||
7 | records maintained by any law enforcement agency or all | ||||||
8 | circuit court records maintained by any circuit clerk relating | ||||||
9 | to any investigation or proceeding pertaining to a criminal | ||||||
10 | sexual offense, by any person, except a judge, State's | ||||||
11 | Attorney, Assistant State's Attorney, psychologist, | ||||||
12 | psychiatrist, social worker, doctor, parole agent, aftercare | ||||||
13 | specialist, probation officer, defendant, defendant's | ||||||
14 | attorney, advocate, or victim's attorney (as
defined in | ||||||
15 | Section 3 of the Illinois Rights of Crime Victims and | ||||||
16 | Witnesses Act) in any criminal proceeding or investigation | ||||||
17 | related thereto shall be restricted to exclude the identity of | ||||||
18 | any adult victim of such criminal sexual offense or alleged | ||||||
19 | criminal sexual offense unless a court order is issued | ||||||
20 | authorizing the removal of such restriction as provided under | ||||||
21 | this Section of a particular case record or particular records | ||||||
22 | of cases maintained by any circuit court clerk. | ||||||
23 | A court may for the adult victim's protection and for good | ||||||
24 | cause shown, prohibit any person or agency present in court | ||||||
25 | from further disclosing the adult victim's identity. A court |
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1 | may prohibit such disclosure only after giving notice and a | ||||||
2 | hearing to all affected parties. In determining whether to | ||||||
3 | prohibit disclosure of the adult victim's identity the court | ||||||
4 | shall consider: | ||||||
5 | (1) the best interest of the adult victim; and | ||||||
6 | (2) whether such nondisclosure would further a | ||||||
7 | compelling State interest. | ||||||
8 | Section 15. Criminal sexual offense and school districts. | ||||||
9 | When a criminal sexual offense is committed or alleged to have | ||||||
10 | been committed by a school district employee or any individual | ||||||
11 | contractually employed by a school district, a copy of the | ||||||
12 | criminal history record information relating to the | ||||||
13 | investigation of the offense or alleged offense shall be | ||||||
14 | transmitted to the superintendent of schools of the district | ||||||
15 | immediately upon request or if the law enforcement agency | ||||||
16 | knows that a school district employee or any individual | ||||||
17 | contractually employed by a school district has committed or | ||||||
18 | is alleged to have committed a criminal sexual offense, the | ||||||
19 | superintendent of schools of the district shall be immediately | ||||||
20 | provided a copy of the criminal history record information. | ||||||
21 | The copy of the criminal history record information that is to | ||||||
22 | be provided under this Section shall exclude the identity of | ||||||
23 | the adult victim. The superintendent shall be restricted from | ||||||
24 | revealing the identity of the adult victim.".
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