Illinois General Assembly - Full Text of SB2339
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Full Text of SB2339  102nd General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Privacy of Child Victims of Criminal Sexual
5Offenses Act is amended by changing Section 3 as follows:
6    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
7    Sec. 3. Confidentiality of Law Enforcement and Court
8Records. Notwithstanding any other law to the contrary,
9inspection and copying of law enforcement records maintained
10by any law enforcement agency or all circuit court records
11maintained by any circuit clerk relating to any investigation
12or proceeding pertaining to a criminal sexual offense, by any
13person, except a judge, state's attorney, assistant state's
14attorney, Attorney General, Assistant Attorney General,
15psychologist, psychiatrist, social worker, doctor, parent,
16parole agent, aftercare specialist, probation officer,
17defendant, or defendant's attorney, advocate, or victim's
18attorney (as defined in Section 3 of the Illinois Rights of
19Crime Victims and Witnesses Act) in any criminal proceeding or
20investigation related thereto, shall be restricted to exclude
21the identity of any child who is a victim of such criminal
22sexual offense or alleged criminal sexual offense unless a
23court order is issued authorizing the removal of such



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1restriction as provided under this Section of a particular
2case record or particular records of cases maintained by any
3circuit court clerk. A court may for the child's protection
4and for good cause shown, prohibit any person or agency
5present in court from further disclosing the child's identity.
6    A court may prohibit such disclosure only after giving
7notice and a hearing to all affected parties. In determining
8whether to prohibit disclosure of the minor's identity, the
9court shall consider:
10        (1) the best interest of the child; and
11        (2) whether such nondisclosure would further a
12    compelling State interest.
13    When a criminal sexual offense is committed or alleged to
14have been committed by a school district employee or any
15individual contractually employed by a school district, a copy
16of the criminal history record information relating to the
17investigation of the offense or alleged offense shall be
18transmitted to the superintendent of schools of the district
19immediately upon request or if the law enforcement agency
20knows that a school district employee or any individual
21contractually employed by a school district has committed or
22is alleged to have committed a criminal sexual offense, the
23superintendent of schools of the district shall be immediately
24provided a copy of the criminal history record information.
25The copy of the criminal history record information to be
26provided under this Section shall exclude the identity of the



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1child victim. The superintendent shall be restricted from
2specifically revealing the identity name of the victim without
3written consent of the victim or victim's parent or guardian.
4Nothing in this Article precludes or may be used to preclude a
5mandated reporter from reporting child abuse or child neglect
6as required under the Abused and Neglected Child Reporting
8    A court may prohibit such disclosure only after giving
9notice and a hearing to all affected parties. In determining
10whether to prohibit disclosure of the minor's identity the
11court shall consider:
12        (a) the best interest of the child; and
13        (b) whether such nondisclosure would further a
14    compelling State interest.
15    For the purposes of this Act, "criminal history record
16information" means:
17        (i) chronologically maintained arrest information,
18    such as traditional arrest logs or blotters;
19        (ii) the name of a person in the custody of a law
20    enforcement agency and the charges for which that person
21    is being held;
22        (iii) court records that are public;
23        (iv) records that are otherwise available under State
24    or local law; or
25        (v) records in which the requesting party is the
26    individual identified, except as provided under part (vii)



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1    of paragraph (c) of subsection (1) of Section 7 of the
2    Freedom of Information Act.
3(Source: P.A. 98-558, eff. 1-1-14.)