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| | SB2340 Enrolled | | LRB102 16186 KMF 21565 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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 | | (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
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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 |
22 | | to the contrary, inspection and copying of law enforcement |
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1 | | records maintained by any law enforcement agency or all |
2 | | circuit court records maintained by any circuit clerk relating |
3 | | to any investigation or proceeding pertaining to a criminal |
4 | | sexual offense, by any person, except a judge, State's |
5 | | Attorney, Assistant State's Attorney, Attorney General, |
6 | | Assistant Attorney General, psychologist, psychiatrist, social |
7 | | worker, doctor, parole agent, aftercare specialist, probation |
8 | | officer, defendant, defendant's attorney, advocate, or |
9 | | victim's attorney (as
defined in Section 3 of the Illinois |
10 | | Rights of Crime Victims and Witnesses Act) in any criminal |
11 | | proceeding or investigation related thereto shall be |
12 | | restricted to exclude the identity of any adult victim of such |
13 | | criminal sexual offense or alleged criminal sexual offense |
14 | | unless a court order is issued authorizing the removal of such |
15 | | restriction as provided under this Section of a particular |
16 | | case record or particular records of cases maintained by any |
17 | | circuit court clerk. |
18 | | A court may for the adult victim's protection and for good |
19 | | cause shown, prohibit any person or agency present in court |
20 | | from further disclosing the adult victim's identity. A court |
21 | | may prohibit such disclosure only after giving notice and a |
22 | | hearing to all affected parties. In determining whether to |
23 | | prohibit disclosure of the adult victim's identity the court |
24 | | shall consider: |
25 | | (1) the best interest of the adult victim; and |
26 | | (2) whether such nondisclosure would further a |
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1 | | compelling State interest. |
2 | | Section 15. Criminal sexual offense and school districts. |
3 | | When a criminal sexual offense is committed or alleged to have |
4 | | been committed by a school district employee or any individual |
5 | | contractually employed by a school district, a copy of the |
6 | | criminal history record information relating to the |
7 | | investigation of the offense or alleged offense shall be |
8 | | transmitted to the superintendent of schools of the district |
9 | | immediately upon request or if the law enforcement agency |
10 | | knows that a school district employee or any individual |
11 | | contractually employed by a school district has committed or |
12 | | is alleged to have committed a criminal sexual offense, the |
13 | | superintendent of schools of the district shall be immediately |
14 | | provided a copy of the criminal history record information. |
15 | | The copy of the criminal history record information that is to |
16 | | be provided under this Section shall exclude the identity of |
17 | | the adult victim. The superintendent shall be restricted from |
18 | | revealing the identity of the adult victim.
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