[smcwhtdtmc]

HB 854 -- OBAMA VOTED PRESENT BECAUSE A BILL WAS UNCONSTITUTIONAL

Obama Voted Present On The Floor And In Committee On A Bill That Would Seal Sexual Assault Victims' Court Records; Illinois Press Association And Obama Argued That The Bill Was Unconstitutional.

Obama voted present on a bill to amend the Criminal Identification Act by allowing certain assault victims to petition to have their court records sealed, only to be opened for public inspection if good cause is shown. Under the bill the trials involving sex crimes would remain open, but upon a conviction, a victim of a sex crime could ask a state's attorney to petition a judge to seal the records of the case. If the judge agreed, the public could not open those records unless someone petitioned the court and showed good cause. The State Journal-Register reported, "But the Illinois Press Association argued that the measure violates the First Amendment. The U.S. Constitution does not allow judges to seal the records of trials that have been held in open court, said association attorney Don Craven. Besides, Craven argued, the legislation does not allow defendants the same opportunity if they're found not guilty. And there's no indication what would happen to the case files if the verdict were appealed. Sen. Barack Obama, D-Chicago, agreed that the bill probably wouldn't pass constitutional muster, although he said it's not unusual for his colleagues to pass such measures to show political resolve." [91st GA, HB 0854, 5/11/99, 3R P; 58-0-1; State Journal-Register, 4/28/99]