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Public Act 102-0652


 

Public Act 0652 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0652
 
SB2340 EnrolledLRB102 16186 KMF 21565 b

    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:
        (1) chronologically maintained arrest information,
    including, but not limited to, traditional arrest logs or
    blotters;
        (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 records that
    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.
 
    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, 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
shall consider:
        (1) the best interest of the adult victim; and
        (2) whether such nondisclosure would further a
    compelling State interest.
 
    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 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.

Effective Date: 1/1/2022