Full Text of SB2340 102nd General Assembly
SB2340enr 102ND GENERAL ASSEMBLY
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Privacy of Adult Victims of Criminal Sexual Offenses Act.
"Adult victim" means any person 18 years of age or older.
"Criminal history record information" means:
(1) chronologically maintained arrest information,
including, but not limited to, traditional arrest logs or
(2) the name of a person in the custody of a law
enforcement agency and the charges for which that person
is being held;
(3) court records that are public, and
are otherwise available under State or local law; or
(4) 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.
Notwithstanding any other law
to the contrary, inspection and copying of law enforcement
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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, Attorney General,
Assistant Attorney General, psychologist, psychiatrist, social
worker, doctor, parole agent, aftercare specialist, probation
officer, defendant, defendant's attorney, advocate, or
victim's attorney (as
defined in Section 3 of the Illinois
Rights of Crime Victims and Witnesses Act) in any criminal
proceeding or investigation related thereto shall be
restricted to exclude the identity of any adult victim of such
criminal sexual offense or alleged criminal sexual offense
unless a court order is issued authorizing the removal of such
restriction as provided under this Section of a particular
case record or particular records of cases 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. 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
(1) the best interest of the adult victim; and
(2) whether such nondisclosure would further a
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compelling State interest.
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 copy of the criminal history record information that is to
be provided under this Section shall exclude the identity of
the adult victim. The superintendent shall be restricted from
revealing the identity of the adult victim.