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Public Act 102-0652
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| SB2340 Enrolled | LRB102 16186 KMF 21565 b |
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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.
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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.
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Section 10. Victim privacy. Notwithstanding any other law |
to the contrary, inspection and copying of law enforcement |
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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 |
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compelling State interest.
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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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