Full Text of SB2339 102nd General Assembly
SB2339 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2339 Introduced 2/26/2021, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| 725 ILCS 190/3 | from Ch. 38, par. 1453 |
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Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that law enforcement agency records and all circuit court records relating to any investigation or proceeding pertaining to a criminal sexual offense shall be restricted to exclude the identity of a child victim, and shall not be restricted to exclude the identity of any child who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records maintained by any circuit court clerk.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Privacy of Child Victims of Criminal Sexual | 5 | | Offenses Act is amended by changing Section 3 as follows:
| 6 | | (725 ILCS 190/3) (from Ch. 38, par. 1453)
| 7 | | Sec. 3. Confidentiality of Law Enforcement and Court | 8 | | Records. Notwithstanding any other law to the contrary, | 9 | | inspection and copying of
law enforcement records maintained | 10 | | by any law enforcement agency or all circuit
court records | 11 | | maintained by any circuit clerk relating to any investigation
| 12 | | or proceeding pertaining to a criminal sexual offense, by any | 13 | | person, except a
judge, state's attorney, assistant state's | 14 | | attorney, psychologist,
psychiatrist, social worker, doctor, | 15 | | parent, parole agent, aftercare specialist, probation officer,
| 16 | | defendant or defendant's
attorney in any criminal proceeding | 17 | | or investigation related thereto, (a) shall
be restricted to | 18 | | exclude the identity of any child who is a victim of such
| 19 | | criminal sexual offense or alleged criminal sexual offense and | 20 | | (b) shall not be restricted to exclude the identity of any | 21 | | child who is a victim of such criminal sexual offense or | 22 | | alleged criminal sexual offense only if a court order is | 23 | | issued authorizing the disclosure of a particular case or |
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| 1 | | particular cases records maintained by any circuit court | 2 | | clerk . A court may for
the child's protection and for good | 3 | | cause shown, prohibit any person or
agency present in court | 4 | | from further disclosing the child's identity.
| 5 | | When a criminal sexual offense is committed or alleged to | 6 | | have been
committed by a school district employee or any | 7 | | individual contractually employed by a school district, a copy | 8 | | of the criminal history record information relating to the | 9 | | investigation of the offense or alleged offense shall be
| 10 | | transmitted to the superintendent of schools
of the district | 11 | | immediately upon request or if the law enforcement agency | 12 | | knows that a school district employee or any individual | 13 | | contractually employed by a school district has committed or | 14 | | is alleged to have committed a criminal sexual offense, the | 15 | | superintendent of schools
of the district shall be immediately | 16 | | provided a copy of the criminal history record information. | 17 | | The superintendent shall be restricted from specifically
| 18 | | revealing the name of the victim without written consent of | 19 | | the victim or
victim's parent or guardian.
| 20 | | A court may prohibit such disclosure only after giving | 21 | | notice and a
hearing to all affected parties. In determining | 22 | | whether to prohibit
disclosure of the minor's identity the | 23 | | court shall consider:
| 24 | | (a) the best interest of the child; and
| 25 | | (b) whether such nondisclosure would further a | 26 | | compelling State interest.
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| 1 | | For the purposes of this Act, "criminal history record | 2 | | information" means: | 3 | | (i) chronologically maintained arrest information, | 4 | | such as traditional
arrest logs or blotters; | 5 | | (ii) the name of a person in the custody of a law | 6 | | enforcement agency and
the charges for which that person | 7 | | is being held; | 8 | | (iii) court records that are public; | 9 | | (iv) records that are otherwise available under State | 10 | | or local law; or | 11 | | (v) records in which the requesting party is the | 12 | | individual
identified, except as provided under part (vii) | 13 | | of
paragraph (c) of subsection (1) of Section 7 of the | 14 | | Freedom of Information Act.
| 15 | | (Source: P.A. 98-558, eff. 1-1-14.)
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