725 ILCS 190/ Privacy of Child Victims of Criminal Sexual Offenses Act.

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CRIMINAL PROCEDURE
(725 ILCS 190/) Privacy of Child Victims of Criminal Sexual Offenses Act.

725 ILCS 190/1

(725 ILCS 190/1) (from Ch. 38, par. 1451)

Sec. 1.

This Act shall be known and may be cited as the "Privacy of
Child Victims of Criminal Sexual Offenses Act".

(Source: P.A. 84-1428.)

725 ILCS 190/2

(725 ILCS 190/2) (from Ch. 38, par. 1452)

Sec. 2.

As used in this Act, "Child" means any person under 18 years of age.

(Source: P.A. 84-1428.)

725 ILCS 190/3

(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, Attorney General, Assistant Attorney General, psychologist,
psychiatrist, social worker, doctor, parent, parole agent, aftercare specialist, probation officer,
defendant, defendant's
attorney, advocate, or victim's attorney (as defined in Section 3 of the Rights of Crime Victims and Witnesses Act) 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.

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:

(1) the best interest of the child; and
(2) whether such nondisclosure would further a

compelling State interest.

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 to be provided under this Section shall exclude the identity of the child victim. The superintendent shall be restricted from
revealing the identity of the victim. Nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act.

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, as defined in

paragraph (1) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act;

(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. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22; 103-166, eff. 1-1-24.)