Illinois General Assembly - Full Text of SB2340
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Full Text of SB2340  102nd General Assembly

SB2340 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 16186 KMF 21565 b

 

 

A BILL FOR

 

SB2340LRB102 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- 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:
9    (a) shall be restricted to exclude the identity of any
10adult victim of such criminal sexual offense or alleged
11criminal sexual offense and
12    (b) shall not be restricted to exclude the identity of any
13adult who is a victim of such criminal sexual offense or
14alleged criminal sexual offense only if a court order is
15issued authorizing the disclosure of a particular case or
16particular cases records maintained by any circuit court
17clerk.
18    A court may for the adult victim's protection and for good
19cause shown, prohibit any person or agency present in court
20from further disclosing the adult victim's identity.
 
21    Section 15. Criminal sexual offense and school districts.
22When a criminal sexual offense is committed or alleged to have
23been committed by a school district employee or any individual
24contractually employed by a school district, a copy of the
25criminal history record information relating to the

 

 

SB2340- 3 -LRB102 16186 KMF 21565 b

1investigation of the offense or alleged offense shall be
2transmitted to the superintendent of schools of the district
3immediately upon request or if the law enforcement agency
4knows that a school district employee or any individual
5contractually employed by a school district has committed or
6is alleged to have committed a criminal sexual offense, the
7superintendent of schools of the district shall be immediately
8provided a copy of the criminal history record information.
9The superintendent shall be restricted from specifically
10revealing the name of the adult victim without written consent
11of the victim.
12    A court may prohibit such disclosure only after giving
13notice and a hearing to all affected parties. In determining
14whether to prohibit disclosure of the adult victim's identity
15the court shall consider
16    (a) the best interest of the adult victim; and
17    (b) whether such nondisclosure would further a compelling
18State interest.