Sen. Kimberly A. Lightford
Filed: 4/8/2021
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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 | (a) chronologically maintained arrest information, | ||||||
10 | such as traditional arrest logs or blotters; | ||||||
11 | (b) the name of a person in the custody of a law | ||||||
12 | enforcement agency and the charges for which that person | ||||||
13 | is being held; | ||||||
14 | (c) court records that are public;
records that are | ||||||
15 | otherwise available under State or local law; or
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16 | (d) records in which the requesting party is the |
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1 | individual identified, except as provided under part (vii) | ||||||
2 | of paragraph (c) of subsection (1) of Section 7 of the | ||||||
3 | Freedom of Information Act. | ||||||
4 | Section 10. Victim privacy. Notwithstanding any other law | ||||||
5 | to the contrary, inspection and copying of law enforcement | ||||||
6 | records maintained by any law enforcement agency or all | ||||||
7 | circuit court records maintained by any circuit clerk relating | ||||||
8 | to any investigation or proceeding pertaining to a criminal | ||||||
9 | sexual offense, by any person, except a judge, state's | ||||||
10 | attorney, assistant state's attorney, psychologist, | ||||||
11 | psychiatrist, social worker, doctor, parent, parole agent, | ||||||
12 | aftercare specialist, probation officer, defendant or | ||||||
13 | defendant's attorney in any criminal proceeding or | ||||||
14 | investigation related thereto shall be restricted to exclude | ||||||
15 | the identity of any adult victim of such criminal sexual | ||||||
16 | offense or alleged criminal sexual offense unless a court | ||||||
17 | order is issued authorizing the removal of such restriction as | ||||||
18 | provided under this Section of a particular case record or | ||||||
19 | particular records of cases maintained by any circuit court | ||||||
20 | clerk. | ||||||
21 | A court may for the adult victim's protection and for good | ||||||
22 | cause shown, prohibit any person or agency present in court | ||||||
23 | from further disclosing the adult victim's identity. | ||||||
24 | Section 15. Criminal sexual offense and school districts. |
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1 | When a criminal sexual offense is committed or alleged to have | ||||||
2 | been committed by a school district employee or any individual | ||||||
3 | contractually employed by a school district, a copy of the | ||||||
4 | criminal history record information relating to the | ||||||
5 | investigation of the offense or alleged offense shall be | ||||||
6 | transmitted to the superintendent of schools of the district | ||||||
7 | immediately upon request or if the law enforcement agency | ||||||
8 | knows that a school district employee or any individual | ||||||
9 | contractually employed by a school district has committed or | ||||||
10 | is alleged to have committed a criminal sexual offense, the | ||||||
11 | superintendent of schools of the district shall be immediately | ||||||
12 | provided a copy of the criminal history record information. | ||||||
13 | The superintendent shall be restricted from specifically | ||||||
14 | revealing the name of the adult victim without written consent | ||||||
15 | of the victim. | ||||||
16 | A court may prohibit such disclosure only after giving | ||||||
17 | notice and a hearing to all affected parties. In determining | ||||||
18 | whether to prohibit disclosure of the adult victim's identity | ||||||
19 | the court shall consider | ||||||
20 | (a) the best interest of the adult victim; and | ||||||
21 | (b) whether such nondisclosure would further a
compelling | ||||||
22 | State interest.".
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