Illinois General Assembly - Full Text of SB2340
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2340  102nd General Assembly

SB2340eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2340 EngrossedLRB102 16186 KMF 21565 b

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 1. Short title. This Act may be cited as the
5Privacy of Adult Victims of Criminal Sexual Offenses Act.
 
6    Section 5. Definitions.
7    "Adult victim" means any person 18 years of age or older.
8    "Criminal history record information" means:
9        (a) chronologically maintained arrest information,
10    such as traditional arrest logs or blotters;
11        (b) 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        (c) court records that are public; records that are
15    otherwise available under State or local law; or
16        (d) records in which the requesting party is the
17    individual identified, except as provided under part (vii)
18    of paragraph (c) of subsection (1) of Section 7 of the
19    Freedom of Information Act.
 
20    Section 10. Victim privacy. Notwithstanding any other law
21to the contrary, inspection and copying of law enforcement
22records maintained by any law enforcement agency or all

 

 

SB2340 Engrossed- 2 -LRB102 16186 KMF 21565 b

1circuit court records maintained by any circuit clerk relating
2to any investigation or proceeding pertaining to a criminal
3sexual offense, by any person, except a judge, State's
4Attorney, Assistant State's Attorney, psychologist,
5psychiatrist, social worker, doctor, parent, parole agent,
6aftercare specialist, probation officer, defendant or
7defendant's attorney in any criminal proceeding or
8investigation related thereto shall be restricted to exclude
9the identity of any adult victim of such criminal sexual
10offense or alleged criminal sexual offense unless a court
11order is issued authorizing the removal of such restriction as
12provided under this Section of a particular case record or
13particular records of cases maintained by any circuit court
14clerk.
15    A court may for the adult victim's protection and for good
16cause shown, prohibit any person or agency present in court
17from further disclosing the adult victim's identity.
 
18    Section 15. Criminal sexual offense and school districts.
19When a criminal sexual offense is committed or alleged to have
20been committed by a school district employee or any individual
21contractually employed by a school district, a copy of the
22criminal history record information relating to the
23investigation of the offense or alleged offense shall be
24transmitted to the superintendent of schools of the district
25immediately upon request or if the law enforcement agency

 

 

SB2340 Engrossed- 3 -LRB102 16186 KMF 21565 b

1knows that a school district employee or any individual
2contractually employed by a school district has committed or
3is alleged to have committed a criminal sexual offense, the
4superintendent of schools of the district shall be immediately
5provided a copy of the criminal history record information.
6The superintendent shall be restricted from specifically
7revealing the name of the adult victim without written consent
8of the victim.
9    A court may prohibit such disclosure only after giving
10notice and a hearing to all affected parties. In determining
11whether to prohibit disclosure of the adult victim's identity
12the court shall consider:
13    (a) the best interest of the adult victim; and
14    (b) whether such nondisclosure would further a compelling
15State interest.