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

SB2340ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 5/7/2021

 

 


 

 


 
10200SB2340ham001LRB102 16186 KMF 26239 a

1
AMENDMENT TO SENATE BILL 2340

2    AMENDMENT NO. ______. Amend Senate Bill 2340 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200SB2340ham001- 2 -LRB102 16186 KMF 26239 a

1        (4) records in which the requesting party is the
2    individual identified, except as provided under part (vii)
3    of paragraph (c) of subsection (1) of Section 7 of the
4    Freedom of Information Act.
 
5    Section 10. Victim privacy. Notwithstanding any other law
6to the contrary, inspection and copying of law enforcement
7records maintained by any law enforcement agency or all
8circuit court records maintained by any circuit clerk relating
9to any investigation or proceeding pertaining to a criminal
10sexual offense, by any person, except a judge, State's
11Attorney, Assistant State's Attorney, psychologist,
12psychiatrist, social worker, doctor, parole agent, aftercare
13specialist, probation officer, defendant, defendant's
14attorney, advocate, or victim's attorney (as defined in
15Section 3 of the Illinois Rights of Crime Victims and
16Witnesses Act) in any criminal proceeding or investigation
17related thereto shall be restricted to exclude the identity of
18any adult victim of such criminal sexual offense or alleged
19criminal sexual offense unless a court order is issued
20authorizing the removal of such restriction as provided under
21this Section of a particular case record or particular records
22of cases maintained by any circuit court clerk.
23    A court may for the adult victim's protection and for good
24cause shown, prohibit any person or agency present in court
25from further disclosing the adult victim's identity. A court

 

 

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1may prohibit such disclosure only after giving notice and a
2hearing to all affected parties. In determining whether to
3prohibit disclosure of the adult victim's identity the court
4shall consider:
5        (1) the best interest of the adult victim; and
6        (2) whether such nondisclosure would further a
7    compelling State interest.
 
8    Section 15. Criminal sexual offense and school districts.
9When a criminal sexual offense is committed or alleged to have
10been committed by a school district employee or any individual
11contractually employed by a school district, a copy of the
12criminal history record information relating to the
13investigation of the offense or alleged offense shall be
14transmitted to the superintendent of schools of the district
15immediately upon request or if the law enforcement agency
16knows that a school district employee or any individual
17contractually employed by a school district has committed or
18is alleged to have committed a criminal sexual offense, the
19superintendent of schools of the district shall be immediately
20provided a copy of the criminal history record information.
21The copy of the criminal history record information that is to
22be provided under this Section shall exclude the identity of
23the adult victim. The superintendent shall be restricted from
24revealing the identity of the adult victim.".