Full Text of SB2339 102nd General Assembly
SB2339enr 102ND GENERAL ASSEMBLY |
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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, Attorney General, Assistant Attorney General, | 15 | | psychologist,
psychiatrist, social worker, doctor, parent, | 16 | | parole agent, aftercare specialist, probation officer,
| 17 | | defendant , or defendant's
attorney , advocate, or victim's | 18 | | attorney (as defined in Section 3 of the Illinois Rights of | 19 | | Crime Victims and Witnesses Act) in any criminal proceeding or | 20 | | investigation related thereto, shall
be restricted to exclude | 21 | | the identity of any child who is a victim of such
criminal | 22 | | sexual offense or alleged criminal sexual offense unless a | 23 | | court order is issued authorizing the removal of such |
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| 1 | | restriction as provided under this Section of a particular | 2 | | case record or particular records of cases maintained by any | 3 | | circuit court clerk . A court may for
the child's protection | 4 | | and for good cause shown, prohibit any person or
agency | 5 | | present in court from further disclosing the child's identity.
| 6 | | A court may prohibit such disclosure only after giving | 7 | | notice and a hearing to all affected parties. In determining | 8 | | whether to prohibit disclosure of the minor's identity, the | 9 | | court shall consider: | 10 | | (1) the best interest of the child; and | 11 | | (2) whether such nondisclosure would further a | 12 | | compelling State interest. | 13 | | When a criminal sexual offense is committed or alleged to | 14 | | have been
committed by a school district employee or any | 15 | | individual contractually employed by a school district, a copy | 16 | | of the criminal history record information relating to the | 17 | | investigation of the offense or alleged offense shall be
| 18 | | transmitted to the superintendent of schools
of the district | 19 | | immediately upon request or if the law enforcement agency | 20 | | knows that a school district employee or any individual | 21 | | contractually employed by a school district has committed or | 22 | | is alleged to have committed a criminal sexual offense, the | 23 | | superintendent of schools
of the district shall be immediately | 24 | | provided a copy of the criminal history record information. | 25 | | The copy of the criminal history record information to be | 26 | | provided under this Section shall exclude the identity of the |
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| 1 | | child victim. The superintendent shall be restricted from | 2 | | specifically
revealing the identity name of the victim without | 3 | | written consent of the victim or
victim's parent or guardian . | 4 | | Nothing in this Article precludes or may be used to preclude a | 5 | | mandated reporter from reporting child abuse or child neglect | 6 | | as required under the Abused and Neglected Child Reporting | 7 | | Act.
| 8 | | A court may prohibit such disclosure only after giving | 9 | | notice and a
hearing to all affected parties. In determining | 10 | | whether to prohibit
disclosure of the minor's identity the | 11 | | court shall consider:
| 12 | | (a) the best interest of the child; and
| 13 | | (b) whether such nondisclosure would further a | 14 | | compelling State interest.
| 15 | | For the purposes of this Act, "criminal history record | 16 | | information" means: | 17 | | (i) chronologically maintained arrest information, | 18 | | such as traditional
arrest logs or blotters; | 19 | | (ii) the name of a person in the custody of a law | 20 | | enforcement agency and
the charges for which that person | 21 | | is being held; | 22 | | (iii) court records that are public; | 23 | | (iv) records that are otherwise available under State | 24 | | or local law; or | 25 | | (v) records in which the requesting party is the | 26 | | individual
identified, except as provided under part (vii) |
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| 1 | | of
paragraph (c) of subsection (1) of Section 7 of the | 2 | | Freedom of Information Act.
| 3 | | (Source: P.A. 98-558, eff. 1-1-14.)
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