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Public Act 102-0651


 

Public Act 0651 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0651
 
SB2339 EnrolledLRB102 16187 KMF 21566 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Privacy of Child Victims of Criminal Sexual
Offenses Act is amended by changing Section 3 as follows:
 
    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
    Sec. 3. Confidentiality of Law Enforcement and Court
Records. 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, parent,
parole agent, aftercare specialist, probation officer,
defendant, or 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 child who is a 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 child's protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the child'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 minor's identity, the
court shall consider:
        (1) the best interest of the child; and
        (2) whether such nondisclosure would further a
    compelling State interest.
    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 to be
provided under this Section shall exclude the identity of the
child victim. The superintendent shall be restricted from
specifically revealing the identity name of the victim without
written consent of the victim or victim's parent or guardian.
Nothing in this Article precludes or may be used to preclude a
mandated reporter from reporting child abuse or child neglect
as required under the Abused and Neglected Child Reporting
Act.
    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 minor's identity the
court shall consider:
        (a) the best interest of the child; and
        (b) whether such nondisclosure would further a
    compelling State interest.
    For the purposes of this Act, "criminal history record
information" means:
        (i) chronologically maintained arrest information,
    such as traditional arrest logs or blotters;
        (ii) the name of a person in the custody of a law
    enforcement agency and the charges for which that person
    is being held;
        (iii) court records that are public;
        (iv) records that are otherwise available under State
    or local law; or
        (v) 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.
(Source: P.A. 98-558, eff. 1-1-14.)

Effective Date: 1/1/2022