Sen. William R. Haine
Filed: 5/18/2007
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1 | AMENDMENT TO HOUSE BILL 3512
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2 | AMENDMENT NO. ______. Amend House Bill 3512 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Privacy of Child Victims of Criminal Sexual | ||||||
5 | Offenses Act is amended by changing Section 3 as follows:
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6 | (725 ILCS 190/3) (from Ch. 38, par. 1453)
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7 | Sec. 3. Confidentiality of Law Enforcement and Court | ||||||
8 | Records. notwithstanding any other law to the contrary, | ||||||
9 | inspection and copying of
law enforcement records maintained by | ||||||
10 | any law enforcement agency or circuit
court records maintained | ||||||
11 | by any circuit clerk relating to any investigation
or | ||||||
12 | proceeding pertaining to a criminal sexual offense, by any | ||||||
13 | person, except a
judge, state's attorney, assistant state's | ||||||
14 | attorney, psychologist,
psychiatrist, social worker, doctor, | ||||||
15 | parent, defendant or defendant's
attorney in any criminal | ||||||
16 | proceeding or investigation related thereto, shall
be |
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1 | restricted to exclude the identity of any child who is a victim | ||||||
2 | of such
criminal sexual offense or alleged criminal sexual | ||||||
3 | offense. A court may for
the child's protection and for good | ||||||
4 | cause shown, prohibit any person or
agency present in court | ||||||
5 | from further disclosing the child's identity.
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6 | When a criminal sexual offense is committed or alleged to | ||||||
7 | have been
committed by a school district employee or any | ||||||
8 | individual contractually employed by a school district
on the | ||||||
9 | premises under the
jurisdiction of a public school district or | ||||||
10 | during an official school
sponsored activity , a copy of the | ||||||
11 | criminal history record information
law enforcement records | ||||||
12 | maintained by any
law enforcement agency or circuit court | ||||||
13 | records maintained by any circuit
clerk relating to the | ||||||
14 | investigation of the offense or alleged offense shall be
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15 | transmitted to
made available for inspection and copying by the | ||||||
16 | superintendent of schools
of the district immediately upon | ||||||
17 | request or if the law enforcement agency knows that a school | ||||||
18 | district employee or any individual contractually employed by a | ||||||
19 | school district has committed or is alleged to have committed a | ||||||
20 | criminal sexual offense, the superintendent of schools
of the | ||||||
21 | district shall be immediately provided a copy of the criminal | ||||||
22 | history record information . The superintendent shall be | ||||||
23 | restricted from specifically
revealing the name of the victim | ||||||
24 | without written consent of the victim or
victim's parent or | ||||||
25 | guardian.
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26 | A court may prohibit such disclosure only after giving |
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1 | notice and a
hearing to all affected parties. In determining | ||||||
2 | whether to prohibit
disclosure of the minor's identity the | ||||||
3 | court shall consider:
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4 | (a) the best interest of the child; and
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5 | (b) whether such nondisclosure would further a | ||||||
6 | compelling State interest. | ||||||
7 | For the purposes of this Act, "criminal history record | ||||||
8 | information" 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 is | ||||||
13 | 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.
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21 | (Source: P.A. 87-553.)".
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