SB2340 102ND GENERAL ASSEMBLY

LRB102 16186 KMF 21565 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2340

Introduced 2/26/2021, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Privacy of Adult Victims of Criminal Sexual Offenses Act. Defines "adult victim" and "criminal history record information." Provides that notwithstanding any other law to the contrary, inspection and copying of law enforcement 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 not exempted by this Act, shall be restricted to exclude the identity of the adult victim without a court order. Provides that 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 if certain conditions are met. Makes other changes.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Privacy of Adult Victims of Criminal Sexual Offenses Act.

Section 5. Definitions.

"Adult victim" means any person 18 years of age or older.

"Criminal history record information" means:

(a) chronologically maintained arrest information, such as traditional arrest logs or blotters;

(b) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held;

(c) court records that are public; records that are otherwise available under State or local law; or

(d) 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.

Section 10. Victim privacy. Notwithstanding any other law to the contrary, inspection and copying of law enforcement 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, 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:

(a) shall be restricted to exclude the identity of any adult victim of such criminal sexual offense or alleged criminal sexual offense and

(b) shall not be restricted to exclude the identity of any adult who is a victim of such criminal sexual offense or alleged criminal sexual offense only if a court order is issued authorizing the disclosure of a particular case or particular cases records 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.

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 superintendent shall be restricted from specifically revealing the name of the adult victim without written consent of the victim.

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

(a) the best interest of the adult victim; and

(b) whether such nondisclosure would further a compelling State interest.