Illinois General Assembly - Full Text of SB2340
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Full Text of SB2340  102nd General Assembly

SB2340enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2340 EnrolledLRB102 16186 KMF 21565 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 1. Short title. This Act may be cited as the
5Privacy 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
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
22to the contrary, inspection and copying of law enforcement

 

 

SB2340 Enrolled- 2 -LRB102 16186 KMF 21565 b

1records maintained by any law enforcement agency or all
2circuit court records maintained by any circuit clerk relating
3to any investigation or proceeding pertaining to a criminal
4sexual offense, by any person, except a judge, State's
5Attorney, Assistant State's Attorney, Attorney General,
6Assistant Attorney General, psychologist, psychiatrist, social
7worker, doctor, parole agent, aftercare specialist, probation
8officer, defendant, defendant's attorney, advocate, or
9victim's attorney (as defined in Section 3 of the Illinois
10Rights of Crime Victims and Witnesses Act) in any criminal
11proceeding or investigation related thereto shall be
12restricted to exclude the identity of any adult victim of such
13criminal sexual offense or alleged criminal sexual offense
14unless a court order is issued authorizing the removal of such
15restriction as provided under this Section of a particular
16case record or particular records of cases maintained by any
17circuit court clerk.
18    A court may for the adult victim's protection and for good
19cause shown, prohibit any person or agency present in court
20from further disclosing the adult victim's identity. A court
21may prohibit such disclosure only after giving notice and a
22hearing to all affected parties. In determining whether to
23prohibit disclosure of the adult victim's identity the court
24shall consider:
25        (1) the best interest of the adult victim; and
26        (2) whether such nondisclosure would further a

 

 

SB2340 Enrolled- 3 -LRB102 16186 KMF 21565 b

1    compelling State interest.
 
2    Section 15. Criminal sexual offense and school districts.
3When a criminal sexual offense is committed or alleged to have
4been committed by a school district employee or any individual
5contractually employed by a school district, a copy of the
6criminal history record information relating to the
7investigation 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
10knows that a school district employee or any individual
11contractually employed by a school district has committed or
12is alleged to have committed a criminal sexual offense, the
13superintendent of schools of the district shall be immediately
14provided a copy of the criminal history record information.
15The copy of the criminal history record information that is to
16be provided under this Section shall exclude the identity of
17the adult victim. The superintendent shall be restricted from
18revealing the identity of the adult victim.