Bill Amendment: IL SB2339 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PRIVACY OF CHILD VICTIMS

Status: 2021-08-27 - Public Act . . . . . . . . . 102-0651 [SB2339 Detail]

Download: Illinois-2021-SB2339-Senate_Amendment_001.html

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Sen. Kimberly A. Lightford

Filed: 4/8/2021

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AMENDMENT TO SENATE BILL 2339
AMENDMENT NO. ______. Amend Senate Bill 2339 by replacing
everything after the enacting clause with the following:
"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 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, psychologist, psychiatrist, social worker, doctor,
parent, parole agent, aftercare specialist, probation officer,

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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
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 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, 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 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

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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. 98-558, eff. 1-1-14.)".