Sen. Kimberly A. Lightford

Filed: 4/8/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2339 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Privacy of Child Victims of Criminal
5Sexual Offenses Act is amended by changing Section 3 as
7    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
8    Sec. 3. Confidentiality of Law Enforcement and Court
9Records. Notwithstanding any other law to the contrary,
10inspection and copying of law enforcement records maintained
11by any law enforcement agency or all circuit court records
12maintained by any circuit clerk relating to any investigation
13or proceeding pertaining to a criminal sexual offense, by any
14person, except a judge, state's attorney, assistant state's
15attorney, psychologist, psychiatrist, social worker, doctor,
16parent, parole agent, aftercare specialist, probation officer,



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1defendant or defendant's attorney in any criminal proceeding
2or investigation related thereto, shall be restricted to
3exclude the identity of any child who is a victim of such
4criminal sexual offense or alleged criminal sexual offense
5unless a court order is issued authorizing the removal of such
6restriction as provided under this Section of a particular
7case record or particular records of cases maintained by any
8circuit court clerk. A court may for the child's protection
9and for good cause shown, prohibit any person or agency
10present in court from further disclosing the child's identity.
11    When a criminal sexual offense is committed or alleged to
12have been committed by a school district employee or any
13individual contractually employed by a school district, a copy
14of the criminal history record information relating to the
15investigation of the offense or alleged offense shall be
16transmitted to the superintendent of schools of the district
17immediately upon request or if the law enforcement agency
18knows that a school district employee or any individual
19contractually employed by a school district has committed or
20is alleged to have committed a criminal sexual offense, the
21superintendent of schools of the district shall be immediately
22provided a copy of the criminal history record information.
23The superintendent shall be restricted from specifically
24revealing the name of the victim without written consent of
25the victim or victim's parent or guardian.
26    A court may prohibit such disclosure only after giving



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1notice and a hearing to all affected parties. In determining
2whether to prohibit disclosure of the minor's identity the
3court shall consider:
4        (a) the best interest of the child; and
5        (b) whether such nondisclosure would further a
6    compelling State interest.
7    For the purposes of this Act, "criminal history record
8information" means:
9        (i) chronologically maintained arrest information,
10    such as traditional arrest logs or blotters;
11        (ii) the name of a person in the custody of a law
12    enforcement agency and the charges for which that person
13    is being held;
14        (iii) court records that are public;
15        (iv) records that are otherwise available under State
16    or local law; or
17        (v) records in which the requesting party is the
18    individual identified, except as provided under part (vii)
19    of paragraph (c) of subsection (1) of Section 7 of the
20    Freedom of Information Act.
21(Source: P.A. 98-558, eff. 1-1-14.)".