(725 ILCS 190/3)
(from Ch. 38, par. 1453)
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 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, psychologist,
psychiatrist, social worker, doctor, parent, parole agent, aftercare specialist, probation officer,
defendant or defendant's
attorney 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. 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.
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 superintendent shall be restricted from specifically
revealing the name of the victim without written consent of the victim or
victim's parent or guardian.
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
(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.)