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SB 971 - Under this act, any visual or aural recordings or photographs of a minor or his or her body, if that minor is alleged to be a victim of a sexual offense, created by or in the possession of a child assessment center, health care provider, or multidisciplinary investigation team, shall not be disclosed unless required by Supreme Court rule or a court order. A person who is a party or has a legitimate interest in a court proceeding involving a victim of a sexual offense who was a minor at the time the offense occurred may view the recordings or photographs created by or in the possession of a child assessment center or hospital, but may not obtain copies without a court order or as required by Supreme Court rule. Members of the multidisciplinary investigation team may share the recordings or photographs with other team members for investigatory and related purposes. If a court orders the copying of the recordings or photographs, the order shall limit the use of such recordings or photographs, prohibit further copying, prohibit further access to other persons without an additional court order, and require the return of the copies upon final disposition of the case. The defendant's attorney, investigator, consulting legal counsel, or other agent shall not disclose to a third party any recordings or photographs unless a court orders the disclosure upon a showing of good cause, notice and a hearing, and consideration of the safety and privacy interests of any victim. The defendant's attorney, investigator, consulting legal counsel, or other agent may allow a defendant, witness, or prospective witness to view such recordings or photographs, but shall not allow such person to have any copies. Under current law, any information contained in any court record that could be used to identify or locate a victim of a sexual offense, domestic assault, or stalking is closed and redacted from such record prior to disclosure to the public. This act includes visual or aural recordings, including unobstructed visual images of the victim's face or body, in the information to be closed and redacted. Finally, this act requires the court to close any court records identifying any person who was a victim of a sexual offense and a minor at the time the offense was committed, and such records shall not be disclosed except by court order to persons having a legitimate interest. This act is identical to HB 2202 (2016). SARAH HASKINS
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