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| Public Act 102-0651 | ||||
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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 5. The Privacy of Child Victims of Criminal Sexual | ||||
Offenses Act is amended by changing Section 3 as follows:
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(725 ILCS 190/3) (from Ch. 38, par. 1453)
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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
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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,
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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.
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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
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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.
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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:
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(a) the best interest of the child; and
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(b) whether such nondisclosure would further a | ||
compelling State interest.
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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.
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(Source: P.A. 98-558, eff. 1-1-14.)
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