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

SB2340sam001 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 4/8/2021

 

 


 

 


 
10200SB2340sam001LRB102 16186 KMF 23716 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        (a) chronologically maintained arrest information,
10    such as traditional arrest logs or blotters;
11        (b) the name of a person in the custody of a law
12    enforcement agency and the charges for which that person
13    is being held;
14        (c) court records that are public; records that are
15    otherwise available under State or local law; or
16        (d) records in which the requesting party is the

 

 

10200SB2340sam001- 2 -LRB102 16186 KMF 23716 a

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

 

 

10200SB2340sam001- 3 -LRB102 16186 KMF 23716 a

1When a criminal sexual offense is committed or alleged to have
2been committed by a school district employee or any individual
3contractually employed by a school district, a copy of the
4criminal history record information relating to the
5investigation of the offense or alleged offense shall be
6transmitted to the superintendent of schools of the district
7immediately upon request or if the law enforcement agency
8knows that a school district employee or any individual
9contractually employed by a school district has committed or
10is alleged to have committed a criminal sexual offense, the
11superintendent of schools of the district shall be immediately
12provided a copy of the criminal history record information.
13The superintendent shall be restricted from specifically
14revealing the name of the adult victim without written consent
15of the victim.
16    A court may prohibit such disclosure only after giving
17notice and a hearing to all affected parties. In determining
18whether to prohibit disclosure of the adult victim's identity
19the court shall consider
20    (a) the best interest of the adult victim; and
21    (b) whether such nondisclosure would further a compelling
22State interest.".