98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2471

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 190/1  from Ch. 38, par. 1451
725 ILCS 190/2  from Ch. 38, par. 1452
725 ILCS 190/2.3 new
725 ILCS 190/2.5 new
725 ILCS 190/2.7 new
725 ILCS 190/3  from Ch. 38, par. 1453

    Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Changes the Act's short title to include human trafficking. Applies Act to forensic interviews and criminal cases in which the defendant is charged with certain specified offenses. Requires a complaint, information or indictment that commences a prosecution of an offense subject to the Act to include a pseudonym or fictitious initials in place of the name, address, and identity of a victim of the offense. Maintains confidentiality of victim information in any complaint, information, indictment, report, statement, photograph, video recording, court document, press release, or any other public record, except that victim information shall be available to the defendant as provided under the Code of Criminal Procedure of 1963, subject to a protective order barring further disclosure. Maintains confidentiality of forensic interviews except for use in the performance of official duties by law enforcement, prosecutors, court personnel, attorneys, or licensed professionals for bona fide treatment or education programs. Requires sealing of sexually explicit evidence involving a victim or witness. Adds definition for "forensic interview".


LRB098 06662 MRW 36707 b

 

 

A BILL FOR

 

HB2471LRB098 06662 MRW 36707 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Privacy of Child Victims of Criminal Sexual
5Offenses Act is amended by changing Sections 1, 2, and 3 and by
6adding Sections 2.3, 2.5, and 2.7 as follows:
 
7    (725 ILCS 190/1)  (from Ch. 38, par. 1451)
8    Sec. 1. This Act shall be known and may be cited as the
9"Privacy of Child Victims of Criminal Sexual Offenses and Human
10Trafficking Act".
11(Source: P.A. 84-1428.)
 
12    (725 ILCS 190/2)  (from Ch. 38, par. 1452)
13    Sec. 2. Definitions.
14    As used in this Act: ,
15    "Child" means any person under 18 years of age.
16    "Criminal history record information" means:
17        (1) chronologically maintained arrest information,
18    such as traditional arrest logs or blotters;
19        (2) the name of a person in the custody of a law
20    enforcement agency and the charges for which that person is
21    being held;
22        (3) court records that are public;

 

 

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1        (4) records that are otherwise available under State or
2    local law or ordinance; or
3        (5) records in which the requesting party is the person
4    identified, except as provided under item (vii) of
5    paragraph (d) of subsection (1) of Section 7 of the Freedom
6    of Information Act.
7    "Forensic interview" means an investigative tool conducted
8by law enforcement, prosecutors, child advocacy center staff,
9or staff of the Department of Children and Family Services, for
10purposes of a sexual offense investigation or criminal
11proceeding in cases of suspected child abuse.
12(Source: P.A. 84-1428.)
 
13    (725 ILCS 190/2.3 new)
14    Sec. 2.3. Application of Act.
15    (a) This Act applies to:
16        (1) forensic interviews; and
17        (2) criminal cases in which:
18            (A) the defendant is accused of predatory criminal
19        sexual assault of a child, aggravated criminal sexual
20        assault, criminal sexual assault, aggravated criminal
21        sexual abuse, criminal sexual abuse, child
22        pornography, aggravated child pornography, criminal
23        transmission of HIV, trafficking in persons,
24        involuntary servitude, child abduction as defined in
25        paragraph (10) of subsection (b) of Section 10-5 of the

 

 

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1        Criminal Code of 1961 or the Criminal Code of 2012,
2        related offenses as defined in Section 10-9 of the
3        Criminal Code of 1961 or the Criminal Code of 2012, or
4        the attempt to commit any of these offenses;
5            (B) the defendant is accused of battery,
6        aggravated battery, first degree murder, or second
7        degree murder when the commission of the offense
8        involves sexual penetration or sexual conduct as
9        defined in Section 12-12 of the Criminal Code of 2012;
10        or
11            (C) the defendant is tried or retried for any of
12        the offenses formerly known as rape, deviate sexual
13        assault, indecent liberties with a child, or
14        aggravated indecent liberties with a child.
 
15    (725 ILCS 190/2.5 new)
16    Sec. 2.5. Confidentiality of victim name and identity.
17    (a) A complaint, information or indictment that commences a
18prosecution of an offense subject to this Act shall include a
19pseudonym or fictitious initials in place of the name, address,
20and identity of a victim of the offense. The victim's name,
21address, or identity shall remain confidential in any
22complaint, information, indictment, report, statement,
23photograph, video recording, court document, press release, or
24any other public record, except that this information shall be
25available to the defendant, under Section 11-6 of the Code of

 

 

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1Criminal Procedure of 1963, subject to a protective order
2barring further disclosure.
3    (b) Nothing in this Section prevents a court from ordering
4the disclosure of the victim's name, address, or identity if it
5finds that the information is essential in the trial of the
6defendant or necessary to facilitate a legitimate state
7interest. A court may prohibit any person or agency to whom the
8information is released from further disclosing the victim's
9name, address, or identity except upon further order of court.
10    (c) This Section does not apply to the release or
11disclosure of information to the victim, victim's parent, or
12guardian.
 
13    (725 ILCS 190/2.7 new)
14    Sec. 2.7. Forensic interview confidentiality; sealing of
15sexually explicit material.
16    (a) A written or digital recording of a forensic interview
17of a child shall remain confidential to be used solely in the
18performance of official duties by law enforcement,
19prosecutors, court personnel, attorneys, or licensed
20professionals for bona fide treatment or education programs.
21    (b) Any evidence, writing, of recording depicting a victim
22or witness that is sexually explicit shall be admitted under
23seal and impounded by the court, subject to the exceptions in
24subsection (a) of this Section.
25    (c) Except as provided in subsection (a) of this Section,

 

 

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1the writing or recording of the forensic interview may be
2viewed or the sexually explicit evidence may be unsealed and
3viewed, on a motion, only for good cause shown and in the
4discretion of the court. The motion must expressly state the
5purpose for viewing the material. The State's attorney and the
6victim, or victim's parent or guardian, if possible, shall be
7provided reasonable notice of the hearing on the motion to
8unseal or view the evidence, writing, or recording. Any person
9entitled to notice of a hearing under this Section may object
10to the motion.
 
11    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
12    Sec. 3. Confidentiality of Law Enforcement and Court
13Records. Notwithstanding any other law to the contrary,
14inspection and copying of law enforcement records maintained by
15any law enforcement agency or circuit court records maintained
16by any circuit clerk relating to any investigation or
17proceeding pertaining to a criminal sexual offense under this
18Act, by any person, except a judge, state's attorney, assistant
19state's attorney, psychologist, psychiatrist, social worker,
20doctor, parent, parole agent, probation officer, defendant or
21defendant's attorney in any criminal proceeding or
22investigation related thereto, shall be restricted to exclude
23the identity of any child who is a victim of the such criminal
24sexual offense or alleged criminal sexual offense. A court may
25for the victim's child's protection and for good cause shown,

 

 

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1prohibit any person or agency present in court from further
2disclosing the victim's child's identity.
3    When a criminal sexual offense under this Act is committed
4or alleged to have been committed by a school district employee
5or any individual contractually employed by a school district,
6a copy of the criminal history record information relating to
7the investigation of the offense or alleged offense shall be
8transmitted to the superintendent of schools of the district
9immediately upon request or if the law enforcement agency knows
10that a school district employee or any individual contractually
11employed by a school district has committed or is alleged to
12have committed a criminal sexual offense, the superintendent of
13schools of the district shall be immediately provided a copy of
14the criminal history record information. The superintendent
15shall be restricted from specifically revealing the name of the
16victim without written consent of the victim or victim's parent
17or guardian.
18    A court may prohibit such disclosure only after giving
19notice and a hearing to all affected parties. In determining
20whether to prohibit disclosure of the victim's minor's identity
21the court shall consider:
22        (1) (a) the best interest of the victim child; and
23        (2) (b) whether such nondisclosure would further a
24    compelling State interest.
25    For the purposes of this Act, "criminal history record
26information" means:

 

 

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1        (i) chronologically maintained arrest information,
2    such as traditional arrest logs or blotters;
3        (ii) the name of a person in the custody of a law
4    enforcement agency and the charges for which that person is
5    being held;
6        (iii) court records that are public;
7        (iv) records that are otherwise available under State
8    or local law; or
9        (v) records in which the requesting party is the
10    individual identified, except as provided under part (vii)
11    of paragraph (c) of subsection (1) of Section 7 of the
12    Freedom of Information Act.
13(Source: P.A. 95-69, eff. 1-1-08; 95-599, eff. 6-1-08; 95-876,
14eff. 8-21-08.)