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Public Act 102-0652 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Privacy of Adult Victims of Criminal Sexual Offenses Act. | ||||
Section 5. Definitions. | ||||
"Adult victim" means any person 18 years of age or older. | ||||
"Criminal history record information" means: | ||||
(1) chronologically maintained arrest information, | ||||
including, but not limited to, traditional arrest logs or | ||||
blotters; | ||||
(2) the name of a person in the custody of a law | ||||
enforcement agency and the charges for which that person | ||||
is being held; | ||||
(3) court records that are public, and
records that | ||||
are otherwise available under State or local law; or
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(4) records in which the requesting party is the | ||||
individual identified, except as provided under part (vii) | ||||
of paragraph (c) of subsection (1) of Section 7 of the | ||||
Freedom of Information Act. | ||||
Section 10. Victim privacy. Notwithstanding any other law | ||||
to the contrary, inspection and copying of law enforcement |
records maintained by any law enforcement agency or all | ||
circuit court records maintained by any circuit clerk relating | ||
to any investigation or proceeding pertaining to a criminal | ||
sexual offense, by any person, except a judge, State's | ||
Attorney, Assistant State's Attorney, Attorney General, | ||
Assistant Attorney General, psychologist, psychiatrist, social | ||
worker, doctor, parole agent, aftercare specialist, probation | ||
officer, defendant, defendant's attorney, advocate, or | ||
victim's attorney (as
defined in Section 3 of the Illinois | ||
Rights of Crime Victims and Witnesses Act) in any criminal | ||
proceeding or investigation related thereto shall be | ||
restricted to exclude the identity of any adult victim of such | ||
criminal sexual offense or alleged criminal sexual offense | ||
unless a court order is issued authorizing the removal of such | ||
restriction as provided under this Section of a particular | ||
case record or particular records of cases maintained by any | ||
circuit court clerk. | ||
A court may for the adult victim's protection and for good | ||
cause shown, prohibit any person or agency present in court | ||
from further disclosing the adult victim's identity. A court | ||
may prohibit such disclosure only after giving notice and a | ||
hearing to all affected parties. In determining whether to | ||
prohibit disclosure of the adult victim's identity the court | ||
shall consider: | ||
(1) the best interest of the adult victim; and | ||
(2) whether such nondisclosure would further a |
compelling State interest. | ||
Section 15. Criminal sexual offense and school districts. | ||
When a criminal sexual offense is committed or alleged to have | ||
been committed by a school district employee or any individual | ||
contractually employed by a school district, a copy of the | ||
criminal history record information relating to the | ||
investigation of the offense or alleged offense shall be | ||
transmitted to the superintendent of schools of the district | ||
immediately upon request or if the law enforcement agency | ||
knows that a school district employee or any individual | ||
contractually employed by a school district has committed or | ||
is alleged to have committed a criminal sexual offense, the | ||
superintendent of schools of the district shall be immediately | ||
provided a copy of the criminal history record information. | ||
The copy of the criminal history record information that is to | ||
be provided under this Section shall exclude the identity of | ||
the adult victim. The superintendent shall be restricted from | ||
revealing the identity of the adult victim.
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