100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2706

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2.15
5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that provisions allowing the withholding of specified information apply to all public bodies, regardless of whether the public body meets certain criteria. Exempts from disclosure records in the possession of any public body (instead of records in the possession of any public body "created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes"), but only to the extent that disclosure would interfere with law enforcement in one of several enumerated ways. Effective immediately.


LRB100 10634 HEP 20857 b

 

 

A BILL FOR

 

HB2706LRB100 10634 HEP 20857 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2.15 and 7 as follows:
 
6    (5 ILCS 140/2.15)
7    Sec. 2.15. Arrest reports and criminal history records.
8    (a) Arrest reports. The following chronologically
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and location
17of the arrest; (iv) the name of the investigating or arresting
18law enforcement agency; (v) if the individual is incarcerated,
19the amount of any bail or bond; and (vi) if the individual is
20incarcerated, the time and date that the individual was
21received into, discharged from, or transferred from the
22arresting agency's custody.
23    (b) Criminal history records. The following documents

 

 

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1maintained by a public body pertaining to criminal history
2record information are public records subject to inspection and
3copying by the public pursuant to this Act: (i) court records
4that are public; (ii) records that are otherwise available
5under State or local law; and (iii) records in which the
6requesting party is the individual identified, except as
7provided under Section 7(1)(d)(vi).
8    (c) Information described in items (iii) through (vi) of
9subsection (a) may be withheld if it is determined that
10disclosure would: (i) interfere with pending or actually and
11reasonably contemplated law enforcement proceedings conducted
12by any law enforcement agency; (ii) endanger the life or
13physical safety of law enforcement or correctional personnel or
14any other person; or (iii) compromise the security of any
15correctional facility. This subsection applies to all public
16bodies, regardless of whether the public body is described in
17(i), (ii), or (iii) of this subsection.
18    (d) The provisions of this Section do not supersede the
19confidentiality provisions for law enforcement or arrest
20records of the Juvenile Court Act of 1987.
21(Source: P.A. 99-298, eff. 8-6-15.)
 
22    (5 ILCS 140/7)  (from Ch. 116, par. 207)
23    Sec. 7. Exemptions.
24    (1) When a request is made to inspect or copy a public
25record that contains information that is exempt from disclosure

 

 

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1under this Section, but also contains information that is not
2exempt from disclosure, the public body may elect to redact the
3information that is exempt. The public body shall make the
4remaining information available for inspection and copying.
5Subject to this requirement, the following shall be exempt from
6inspection and copying:
7        (a) Information specifically prohibited from
8    disclosure by federal or State law or rules and regulations
9    implementing federal or State law.
10        (b) Private information, unless disclosure is required
11    by another provision of this Act, a State or federal law or
12    a court order.
13        (b-5) Files, documents, and other data or databases
14    maintained by one or more law enforcement agencies and
15    specifically designed to provide information to one or more
16    law enforcement agencies regarding the physical or mental
17    status of one or more individual subjects.
18        (c) Personal information contained within public
19    records, the disclosure of which would constitute a clearly
20    unwarranted invasion of personal privacy, unless the
21    disclosure is consented to in writing by the individual
22    subjects of the information. "Unwarranted invasion of
23    personal privacy" means the disclosure of information that
24    is highly personal or objectionable to a reasonable person
25    and in which the subject's right to privacy outweighs any
26    legitimate public interest in obtaining the information.

 

 

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1    The disclosure of information that bears on the public
2    duties of public employees and officials shall not be
3    considered an invasion of personal privacy.
4        (d) Records in the possession of any public body
5    created in the course of administrative enforcement
6    proceedings, and any law enforcement or correctional
7    agency for law enforcement purposes, but only to the extent
8    that disclosure would:
9            (i) interfere with pending or actually and
10        reasonably contemplated law enforcement proceedings
11        conducted by any law enforcement or correctional
12        agency that is the recipient of the request;
13            (ii) interfere with active administrative
14        enforcement proceedings conducted by the public body
15        that is the recipient of the request;
16            (iii) create a substantial likelihood that a
17        person will be deprived of a fair trial or an impartial
18        hearing;
19            (iv) unavoidably disclose the identity of a
20        confidential source, confidential information
21        furnished only by the confidential source, or persons
22        who file complaints with or provide information to
23        administrative, investigative, law enforcement, or
24        penal agencies; except that the identities of
25        witnesses to traffic accidents, traffic accident
26        reports, and rescue reports shall be provided by

 

 

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1        agencies of local government, except when disclosure
2        would interfere with an active criminal investigation
3        conducted by the agency that is the recipient of the
4        request;
5            (v) disclose unique or specialized investigative
6        techniques other than those generally used and known or
7        disclose internal documents of correctional agencies
8        related to detection, observation or investigation of
9        incidents of crime or misconduct, and disclosure would
10        result in demonstrable harm to the agency or public
11        body that is the recipient of the request;
12            (vi) endanger the life or physical safety of law
13        enforcement personnel or any other person; or
14            (vii) obstruct an ongoing criminal investigation
15        by the agency that is the recipient of the request.
16        This paragraph (d) applies to all public bodies,
17    regardless of whether the public body is affected by items
18    (i) through (vii) of this paragraph.
19        (d-5) A law enforcement record created for law
20    enforcement purposes and contained in a shared electronic
21    record management system if the law enforcement agency that
22    is the recipient of the request did not create the record,
23    did not participate in or have a role in any of the events
24    which are the subject of the record, and only has access to
25    the record through the shared electronic record management
26    system.

 

 

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1        (e) Records that relate to or affect the security of
2    correctional institutions and detention facilities.
3        (e-5) Records requested by persons committed to the
4    Department of Corrections if those materials are available
5    in the library of the correctional facility where the
6    inmate is confined.
7        (e-6) Records requested by persons committed to the
8    Department of Corrections if those materials include
9    records from staff members' personnel files, staff
10    rosters, or other staffing assignment information.
11        (e-7) Records requested by persons committed to the
12    Department of Corrections if those materials are available
13    through an administrative request to the Department of
14    Corrections.
15        (f) Preliminary drafts, notes, recommendations,
16    memoranda and other records in which opinions are
17    expressed, or policies or actions are formulated, except
18    that a specific record or relevant portion of a record
19    shall not be exempt when the record is publicly cited and
20    identified by the head of the public body. The exemption
21    provided in this paragraph (f) extends to all those records
22    of officers and agencies of the General Assembly that
23    pertain to the preparation of legislative documents.
24        (g) Trade secrets and commercial or financial
25    information obtained from a person or business where the
26    trade secrets or commercial or financial information are

 

 

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1    furnished under a claim that they are proprietary,
2    privileged or confidential, and that disclosure of the
3    trade secrets or commercial or financial information would
4    cause competitive harm to the person or business, and only
5    insofar as the claim directly applies to the records
6    requested.
7        The information included under this exemption includes
8    all trade secrets and commercial or financial information
9    obtained by a public body, including a public pension fund,
10    from a private equity fund or a privately held company
11    within the investment portfolio of a private equity fund as
12    a result of either investing or evaluating a potential
13    investment of public funds in a private equity fund. The
14    exemption contained in this item does not apply to the
15    aggregate financial performance information of a private
16    equity fund, nor to the identity of the fund's managers or
17    general partners. The exemption contained in this item does
18    not apply to the identity of a privately held company
19    within the investment portfolio of a private equity fund,
20    unless the disclosure of the identity of a privately held
21    company may cause competitive harm.
22        Nothing contained in this paragraph (g) shall be
23    construed to prevent a person or business from consenting
24    to disclosure.
25        (h) Proposals and bids for any contract, grant, or
26    agreement, including information which if it were

 

 

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1    disclosed would frustrate procurement or give an advantage
2    to any person proposing to enter into a contractor
3    agreement with the body, until an award or final selection
4    is made. Information prepared by or for the body in
5    preparation of a bid solicitation shall be exempt until an
6    award or final selection is made.
7        (i) Valuable formulae, computer geographic systems,
8    designs, drawings and research data obtained or produced by
9    any public body when disclosure could reasonably be
10    expected to produce private gain or public loss. The
11    exemption for "computer geographic systems" provided in
12    this paragraph (i) does not extend to requests made by news
13    media as defined in Section 2 of this Act when the
14    requested information is not otherwise exempt and the only
15    purpose of the request is to access and disseminate
16    information regarding the health, safety, welfare, or
17    legal rights of the general public.
18        (j) The following information pertaining to
19    educational matters:
20            (i) test questions, scoring keys and other
21        examination data used to administer an academic
22        examination;
23            (ii) information received by a primary or
24        secondary school, college, or university under its
25        procedures for the evaluation of faculty members by
26        their academic peers;

 

 

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1            (iii) information concerning a school or
2        university's adjudication of student disciplinary
3        cases, but only to the extent that disclosure would
4        unavoidably reveal the identity of the student; and
5            (iv) course materials or research materials used
6        by faculty members.
7        (k) Architects' plans, engineers' technical
8    submissions, and other construction related technical
9    documents for projects not constructed or developed in
10    whole or in part with public funds and the same for
11    projects constructed or developed with public funds,
12    including but not limited to power generating and
13    distribution stations and other transmission and
14    distribution facilities, water treatment facilities,
15    airport facilities, sport stadiums, convention centers,
16    and all government owned, operated, or occupied buildings,
17    but only to the extent that disclosure would compromise
18    security.
19        (l) Minutes of meetings of public bodies closed to the
20    public as provided in the Open Meetings Act until the
21    public body makes the minutes available to the public under
22    Section 2.06 of the Open Meetings Act.
23        (m) Communications between a public body and an
24    attorney or auditor representing the public body that would
25    not be subject to discovery in litigation, and materials
26    prepared or compiled by or for a public body in

 

 

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1    anticipation of a criminal, civil or administrative
2    proceeding upon the request of an attorney advising the
3    public body, and materials prepared or compiled with
4    respect to internal audits of public bodies.
5        (n) Records relating to a public body's adjudication of
6    employee grievances or disciplinary cases; however, this
7    exemption shall not extend to the final outcome of cases in
8    which discipline is imposed.
9        (o) Administrative or technical information associated
10    with automated data processing operations, including but
11    not limited to software, operating protocols, computer
12    program abstracts, file layouts, source listings, object
13    modules, load modules, user guides, documentation
14    pertaining to all logical and physical design of
15    computerized systems, employee manuals, and any other
16    information that, if disclosed, would jeopardize the
17    security of the system or its data or the security of
18    materials exempt under this Section.
19        (p) Records relating to collective negotiating matters
20    between public bodies and their employees or
21    representatives, except that any final contract or
22    agreement shall be subject to inspection and copying.
23        (q) Test questions, scoring keys, and other
24    examination data used to determine the qualifications of an
25    applicant for a license or employment.
26        (r) The records, documents, and information relating

 

 

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1    to real estate purchase negotiations until those
2    negotiations have been completed or otherwise terminated.
3    With regard to a parcel involved in a pending or actually
4    and reasonably contemplated eminent domain proceeding
5    under the Eminent Domain Act, records, documents and
6    information relating to that parcel shall be exempt except
7    as may be allowed under discovery rules adopted by the
8    Illinois Supreme Court. The records, documents and
9    information relating to a real estate sale shall be exempt
10    until a sale is consummated.
11        (s) Any and all proprietary information and records
12    related to the operation of an intergovernmental risk
13    management association or self-insurance pool or jointly
14    self-administered health and accident cooperative or pool.
15    Insurance or self insurance (including any
16    intergovernmental risk management association or self
17    insurance pool) claims, loss or risk management
18    information, records, data, advice or communications.
19        (t) Information contained in or related to
20    examination, operating, or condition reports prepared by,
21    on behalf of, or for the use of a public body responsible
22    for the regulation or supervision of financial
23    institutions or insurance companies, unless disclosure is
24    otherwise required by State law.
25        (u) Information that would disclose or might lead to
26    the disclosure of secret or confidential information,

 

 

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1    codes, algorithms, programs, or private keys intended to be
2    used to create electronic or digital signatures under the
3    Electronic Commerce Security Act.
4        (v) Vulnerability assessments, security measures, and
5    response policies or plans that are designed to identify,
6    prevent, or respond to potential attacks upon a community's
7    population or systems, facilities, or installations, the
8    destruction or contamination of which would constitute a
9    clear and present danger to the health or safety of the
10    community, but only to the extent that disclosure could
11    reasonably be expected to jeopardize the effectiveness of
12    the measures or the safety of the personnel who implement
13    them or the public. Information exempt under this item may
14    include such things as details pertaining to the
15    mobilization or deployment of personnel or equipment, to
16    the operation of communication systems or protocols, or to
17    tactical operations.
18        (w) (Blank).
19        (x) Maps and other records regarding the location or
20    security of generation, transmission, distribution,
21    storage, gathering, treatment, or switching facilities
22    owned by a utility, by a power generator, or by the
23    Illinois Power Agency.
24        (y) Information contained in or related to proposals,
25    bids, or negotiations related to electric power
26    procurement under Section 1-75 of the Illinois Power Agency

 

 

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1    Act and Section 16-111.5 of the Public Utilities Act that
2    is determined to be confidential and proprietary by the
3    Illinois Power Agency or by the Illinois Commerce
4    Commission.
5        (z) Information about students exempted from
6    disclosure under Sections 10-20.38 or 34-18.29 of the
7    School Code, and information about undergraduate students
8    enrolled at an institution of higher education exempted
9    from disclosure under Section 25 of the Illinois Credit
10    Card Marketing Act of 2009.
11        (aa) Information the disclosure of which is exempted
12    under the Viatical Settlements Act of 2009.
13        (bb) Records and information provided to a mortality
14    review team and records maintained by a mortality review
15    team appointed under the Department of Juvenile Justice
16    Mortality Review Team Act.
17        (cc) Information regarding interments, entombments, or
18    inurnments of human remains that are submitted to the
19    Cemetery Oversight Database under the Cemetery Care Act or
20    the Cemetery Oversight Act, whichever is applicable.
21        (dd) Correspondence and records (i) that may not be
22    disclosed under Section 11-9 of the Illinois Public Aid
23    Code or (ii) that pertain to appeals under Section 11-8 of
24    the Illinois Public Aid Code.
25        (ee) The names, addresses, or other personal
26    information of persons who are minors and are also

 

 

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1    participants and registrants in programs of park
2    districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations.
5        (ff) The names, addresses, or other personal
6    information of participants and registrants in programs of
7    park districts, forest preserve districts, conservation
8    districts, recreation agencies, and special recreation
9    associations where such programs are targeted primarily to
10    minors.
11        (gg) Confidential information described in Section
12    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
13        (hh) The report submitted to the State Board of
14    Education by the School Security and Standards Task Force
15    under item (8) of subsection (d) of Section 2-3.160 of the
16    School Code and any information contained in that report.
17        (ii) Records requested by persons committed to or
18    detained by the Department of Human Services under the
19    Sexually Violent Persons Commitment Act or committed to the
20    Department of Corrections under the Sexually Dangerous
21    Persons Act if those materials: (i) are available in the
22    library of the facility where the individual is confined;
23    (ii) include records from staff members' personnel files,
24    staff rosters, or other staffing assignment information;
25    or (iii) are available through an administrative request to
26    the Department of Human Services or the Department of

 

 

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1    Corrections.
2        (jj) Confidential information described in Section
3    5-535 of the Civil Administrative Code of Illinois.
4    (1.5) Any information exempt from disclosure under the
5Judicial Privacy Act shall be redacted from public records
6prior to disclosure under this Act.
7    (2) A public record that is not in the possession of a
8public body but is in the possession of a party with whom the
9agency has contracted to perform a governmental function on
10behalf of the public body, and that directly relates to the
11governmental function and is not otherwise exempt under this
12Act, shall be considered a public record of the public body,
13for purposes of this Act.
14    (3) This Section does not authorize withholding of
15information or limit the availability of records to the public,
16except as stated in this Section or otherwise provided in this
17Act.
18(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1998-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
2099-642, eff. 7-28-16; revised 10-25-16.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.