Illinois General Assembly - Full Text of Public Act 095-0599
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Public Act 095-0599


 

Public Act 0599 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0599
 
HB3512 Enrolled LRB095 03546 RLC 32041 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Privacy of Child Victims of Criminal Sexual
Offenses Act is amended by changing Section 3 as follows:
 
    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
    Sec. 3. Confidentiality of Law Enforcement and Court
Records. notwithstanding any other law to the contrary,
inspection and copying of law enforcement records maintained by
any law enforcement agency or 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, defendant or defendant's attorney in any criminal
proceeding or investigation related thereto, shall be
restricted to exclude the identity of any child who is a victim
of such criminal sexual offense or alleged criminal sexual
offense. A court may for the child's protection and for good
cause shown, prohibit any person or agency present in court
from further disclosing the child's identity.
    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 on the
premises under the jurisdiction of a public school district or
during an official school sponsored activity, a copy of the
criminal history record information law enforcement records
maintained by any law enforcement agency or circuit court
records maintained by any circuit clerk relating to the
investigation of the offense or alleged offense shall be
transmitted to made available for inspection and copying by 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 victim
without written consent of the victim or victim's parent or
guardian.
    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 minor's identity the
court shall consider:
        (a) the best interest of the child; and
        (b) whether such nondisclosure would further a
    compelling State interest.
    For the purposes of this Act, "criminal history record
information" means:
        (i) chronologically maintained arrest information,
    such as traditional arrest logs or blotters;
        (ii) the name of a person in the custody of a law
    enforcement agency and the charges for which that person is
    being held;
        (iii) court records that are public;
        (iv) records that are otherwise available under State
    or local law; or
        (v) 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.
(Source: P.A. 87-553.)

Effective Date: 6/1/2008