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Full Text of SB2210  99th General Assembly

SB2210 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2210

 

Introduced 1/13/2016, by Sen. Patricia Van Pelt

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2  from Ch. 116, par. 202
5 ILCS 140/7  from Ch. 116, par. 207
5 ILCS 140/7.5

    Amends the Freedom of Information Act. Provides that recordings of a law enforcement officer discharging a firearm, or an officer-involved death, from an in-car video camera or an officer-worn body camera shall not be exempt from inspection and copying, unless the public body asserts an exemption under this Act supported by a court order finding the asserted exemption to be applicable to the requested recording. Requires the court to conduct an expedited hearing on the applicability of the exemption asserted. Incorporates definitions from the Law Enforcement Camera Grant Act and the Police and Community Relations Improvement Act. Effective immediately.


LRB099 15836 HEP 40146 b

 

 

A BILL FOR

 

SB2210LRB099 15836 HEP 40146 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, 7, and 7.5 as follows:
 
6    (5 ILCS 140/2)  (from Ch. 116, par. 202)
7    (Text of Section before amendment by P.A. 99-478)
8    Sec. 2. Definitions. As used in this Act:
9    (a) "Public body" means all legislative, executive,
10administrative, or advisory bodies of the State, state
11universities and colleges, counties, townships, cities,
12villages, incorporated towns, school districts and all other
13municipal corporations, boards, bureaus, committees, or
14commissions of this State, any subsidiary bodies of any of the
15foregoing including but not limited to committees and
16subcommittees thereof, and a School Finance Authority created
17under Article 1E of the School Code. "Public body" does not
18include a child death review team or the Illinois Child Death
19Review Teams Executive Council established under the Child
20Death Review Team Act, or a regional youth advisory board or
21the Statewide Youth Advisory Board established under the
22Department of Children and Family Services Statewide Youth
23Advisory Board Act.

 

 

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1    (b) "Person" means any individual, corporation,
2partnership, firm, organization or association, acting
3individually or as a group.
4    (c) "Public records" means all records, reports, forms,
5writings, letters, memoranda, books, papers, maps,
6photographs, microfilms, cards, tapes, recordings, electronic
7data processing records, electronic communications, recorded
8information and all other documentary materials pertaining to
9the transaction of public business, regardless of physical form
10or characteristics, having been prepared by or for, or having
11been or being used by, received by, in the possession of, or
12under the control of any public body.
13    (c-5) "Private information" means unique identifiers,
14including a person's social security number, driver's license
15number, employee identification number, biometric identifiers,
16personal financial information, passwords or other access
17codes, medical records, home or personal telephone numbers, and
18personal email addresses. Private information also includes
19home address and personal license plates, except as otherwise
20provided by law or when compiled without possibility of
21attribution to any person.
22    (c-10) "Commercial purpose" means the use of any part of a
23public record or records, or information derived from public
24records, in any form for sale, resale, or solicitation or
25advertisement for sales or services. For purposes of this
26definition, requests made by news media and non-profit,

 

 

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1scientific, or academic organizations shall not be considered
2to be made for a "commercial purpose" when the principal
3purpose of the request is (i) to access and disseminate
4information concerning news and current or passing events, (ii)
5for articles of opinion or features of interest to the public,
6or (iii) for the purpose of academic, scientific, or public
7research or education.
8    (d) "Copying" means the reproduction of any public record
9by means of any photographic, electronic, mechanical or other
10process, device or means now known or hereafter developed and
11available to the public body.
12    (e) "Head of the public body" means the president, mayor,
13chairman, presiding officer, director, superintendent,
14manager, supervisor or individual otherwise holding primary
15executive and administrative authority for the public body, or
16such person's duly authorized designee.
17    (f) "News media" means a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format, a
20radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
24    (g) "Recurrent requester", as used in Section 3.2 of this
25Act, means a person that, in the 12 months immediately
26preceding the request, has submitted to the same public body

 

 

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1(i) a minimum of 50 requests for records, (ii) a minimum of 15
2requests for records within a 30-day period, or (iii) a minimum
3of 7 requests for records within a 7-day period. For purposes
4of this definition, requests made by news media and non-profit,
5scientific, or academic organizations shall not be considered
6in calculating the number of requests made in the time periods
7in this definition when the principal purpose of the requests
8is (i) to access and disseminate information concerning news
9and current or passing events, (ii) for articles of opinion or
10features of interest to the public, or (iii) for the purpose of
11academic, scientific, or public research or education.
12    For the purposes of this subsection (g), "request" means a
13written document (or oral request, if the public body chooses
14to honor oral requests) that is submitted to a public body via
15personal delivery, mail, telefax, electronic mail, or other
16means available to the public body and that identifies the
17particular public record the requester seeks. One request may
18identify multiple records to be inspected or copied.
19    (h) "Voluminous request" means a request that: (i) includes
20more than 5 individual requests for more than 5 different
21categories of records or a combination of individual requests
22that total requests for more than 5 different categories of
23records in a period of 20 business days; or (ii) requires the
24compilation of more than 500 letter or legal-sized pages of
25public records unless a single requested record exceeds 500
26pages. "Single requested record" may include, but is not

 

 

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1limited to, one report, form, e-mail, letter, memorandum, book,
2map, microfilm, tape, or recording.
3    "Voluminous request" does not include a request made by
4news media and non-profit, scientific, or academic
5organizations if the principal purpose of the request is: (1)
6to access and disseminate information concerning news and
7current or passing events; (2) for articles of opinion or
8features of interest to the public; or (3) for the purpose of
9academic, scientific, or public research or education.
10    For the purposes of this subsection (h), "request" means a
11written document, or oral request, if the public body chooses
12to honor oral requests, that is submitted to a public body via
13personal delivery, mail, telefax, electronic mail, or other
14means available to the public body and that identifies the
15particular public record or records the requester seeks. One
16request may identify multiple individual records to be
17inspected or copied.
18    (j) "In-car video camera" has the meaning provided in
19Section 5 of the Law Enforcement Camera Grant Act.
20    (k) "Officer-involved death" has the meaning provided in
21Section 1-5 of the Police and Community Relations Improvement
22Act.
23    (l) "Officer-worn body camera" has the meaning provided in
24Section 5 of the Law Enforcement Camera Grant Act.
25(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2699-78, eff. 7-20-15.)
 

 

 

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1    (Text of Section after amendment by P.A. 99-478)
2    Sec. 2. Definitions. As used in this Act:
3    (a) "Public body" means all legislative, executive,
4administrative, or advisory bodies of the State, state
5universities and colleges, counties, townships, cities,
6villages, incorporated towns, school districts and all other
7municipal corporations, boards, bureaus, committees, or
8commissions of this State, any subsidiary bodies of any of the
9foregoing including but not limited to committees and
10subcommittees thereof, and a School Finance Authority created
11under Article 1E of the School Code. "Public body" does not
12include a child death review team or the Illinois Child Death
13Review Teams Executive Council established under the Child
14Death Review Team Act, or a regional youth advisory board or
15the Statewide Youth Advisory Board established under the
16Department of Children and Family Services Statewide Youth
17Advisory Board Act.
18    (b) "Person" means any individual, corporation,
19partnership, firm, organization or association, acting
20individually or as a group.
21    (c) "Public records" means all records, reports, forms,
22writings, letters, memoranda, books, papers, maps,
23photographs, microfilms, cards, tapes, recordings, electronic
24data processing records, electronic communications, recorded
25information and all other documentary materials pertaining to

 

 

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1the transaction of public business, regardless of physical form
2or characteristics, having been prepared by or for, or having
3been or being used by, received by, in the possession of, or
4under the control of any public body.
5    (c-5) "Private information" means unique identifiers,
6including a person's social security number, driver's license
7number, employee identification number, biometric identifiers,
8personal financial information, passwords or other access
9codes, medical records, home or personal telephone numbers, and
10personal email addresses. Private information also includes
11home address and personal license plates, except as otherwise
12provided by law or when compiled without possibility of
13attribution to any person.
14    (c-10) "Commercial purpose" means the use of any part of a
15public record or records, or information derived from public
16records, in any form for sale, resale, or solicitation or
17advertisement for sales or services. For purposes of this
18definition, requests made by news media and non-profit,
19scientific, or academic organizations shall not be considered
20to be made for a "commercial purpose" when the principal
21purpose of the request is (i) to access and disseminate
22information concerning news and current or passing events, (ii)
23for articles of opinion or features of interest to the public,
24or (iii) for the purpose of academic, scientific, or public
25research or education.
26    (d) "Copying" means the reproduction of any public record

 

 

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1by means of any photographic, electronic, mechanical or other
2process, device or means now known or hereafter developed and
3available to the public body.
4    (e) "Head of the public body" means the president, mayor,
5chairman, presiding officer, director, superintendent,
6manager, supervisor or individual otherwise holding primary
7executive and administrative authority for the public body, or
8such person's duly authorized designee.
9    (f) "News media" means a newspaper or other periodical
10issued at regular intervals whether in print or electronic
11format, a news service whether in print or electronic format, a
12radio station, a television station, a television network, a
13community antenna television service, or a person or
14corporation engaged in making news reels or other motion
15picture news for public showing.
16    (g) "Recurrent requester", as used in Section 3.2 of this
17Act, means a person that, in the 12 months immediately
18preceding the request, has submitted to the same public body
19(i) a minimum of 50 requests for records, (ii) a minimum of 15
20requests for records within a 30-day period, or (iii) a minimum
21of 7 requests for records within a 7-day period. For purposes
22of this definition, requests made by news media and non-profit,
23scientific, or academic organizations shall not be considered
24in calculating the number of requests made in the time periods
25in this definition when the principal purpose of the requests
26is (i) to access and disseminate information concerning news

 

 

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1and current or passing events, (ii) for articles of opinion or
2features of interest to the public, or (iii) for the purpose of
3academic, scientific, or public research or education.
4    For the purposes of this subsection (g), "request" means a
5written document (or oral request, if the public body chooses
6to honor oral requests) that is submitted to a public body via
7personal delivery, mail, telefax, electronic mail, or other
8means available to the public body and that identifies the
9particular public record the requester seeks. One request may
10identify multiple records to be inspected or copied.
11    (h) "Voluminous request" means a request that: (i) includes
12more than 5 individual requests for more than 5 different
13categories of records or a combination of individual requests
14that total requests for more than 5 different categories of
15records in a period of 20 business days; or (ii) requires the
16compilation of more than 500 letter or legal-sized pages of
17public records unless a single requested record exceeds 500
18pages. "Single requested record" may include, but is not
19limited to, one report, form, e-mail, letter, memorandum, book,
20map, microfilm, tape, or recording.
21    "Voluminous request" does not include a request made by
22news media and non-profit, scientific, or academic
23organizations if the principal purpose of the request is: (1)
24to access and disseminate information concerning news and
25current or passing events; (2) for articles of opinion or
26features of interest to the public; or (3) for the purpose of

 

 

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1academic, scientific, or public research or education.
2    For the purposes of this subsection (h), "request" means a
3written document, or oral request, if the public body chooses
4to honor oral requests, that is submitted to a public body via
5personal delivery, mail, telefax, electronic mail, or other
6means available to the public body and that identifies the
7particular public record or records the requester seeks. One
8request may identify multiple individual records to be
9inspected or copied.
10    (i) "Severance agreement" means a mutual agreement between
11any public body and its employee for the employee's resignation
12in exchange for payment by the public body.
13    (j) "In-car video camera" has the meaning provided in
14Section 5 of the Law Enforcement Camera Grant Act.
15    (k) "Officer-involved death" has the meaning provided in
16Section 1-5 of the Police and Community Relations Improvement
17Act.
18    (l) "Officer-worn body camera" has the meaning provided in
19Section 5 of the Law Enforcement Camera Grant Act.
20(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2199-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
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) Except as otherwise provided in subsection (4) of
5    this Section, records Records in the possession of any
6    public body created in the course of administrative
7    enforcement proceedings, and any law enforcement or
8    correctional agency for law enforcement purposes, but only
9    to the extent that disclosure would:
10            (i) interfere with pending or actually and
11        reasonably contemplated law enforcement proceedings
12        conducted by any law enforcement or correctional
13        agency that is the recipient of the request;
14            (ii) interfere with active administrative
15        enforcement proceedings conducted by the public body
16        that is the recipient of the request;
17            (iii) create a substantial likelihood that a
18        person will be deprived of a fair trial or an impartial
19        hearing;
20            (iv) unavoidably disclose the identity of a
21        confidential source, confidential information
22        furnished only by the confidential source, or persons
23        who file complaints with or provide information to
24        administrative, investigative, law enforcement, or
25        penal agencies; except that the identities of
26        witnesses to traffic accidents, traffic accident

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Electronic Commerce Security Act.
2        (v) Vulnerability assessments, security measures, and
3    response policies or plans that are designed to identify,
4    prevent, or respond to potential attacks upon a community's
5    population or systems, facilities, or installations, the
6    destruction or contamination of which would constitute a
7    clear and present danger to the health or safety of the
8    community, but only to the extent that disclosure could
9    reasonably be expected to jeopardize the effectiveness of
10    the measures or the safety of the personnel who implement
11    them or the public. Information exempt under this item may
12    include such things as details pertaining to the
13    mobilization or deployment of personnel or equipment, to
14    the operation of communication systems or protocols, or to
15    tactical operations.
16        (w) (Blank).
17        (x) Maps and other records regarding the location or
18    security of generation, transmission, distribution,
19    storage, gathering, treatment, or switching facilities
20    owned by a utility, by a power generator, or by the
21    Illinois Power Agency.
22        (y) Information contained in or related to proposals,
23    bids, or negotiations related to electric power
24    procurement under Section 1-75 of the Illinois Power Agency
25    Act and Section 16-111.5 of the Public Utilities Act that
26    is determined to be confidential and proprietary by the

 

 

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

 

 

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

 

 

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1    5-535 of the Civil Administrative Code of Illinois.
2    (1.5) Any information exempt from disclosure under the
3Judicial Privacy Act shall be redacted from public records
4prior to disclosure under this Act.
5    (2) A public record that is not in the possession of a
6public body but is in the possession of a party with whom the
7agency has contracted to perform a governmental function on
8behalf of the public body, and that directly relates to the
9governmental function and is not otherwise exempt under this
10Act, shall be considered a public record of the public body,
11for purposes of this Act.
12    (3) This Section does not authorize withholding of
13information or limit the availability of records to the public,
14except as stated in this Section or otherwise provided in this
15Act.
16    (4) Notwithstanding any other provision of this Section,
17recordings of a law enforcement officer discharging a firearm,
18or an officer-involved death, from an in-car video camera or an
19officer-worn body camera shall not be exempt from inspection
20and copying, unless the public body asserts an exemption under
21this Act supported by a court order finding the asserted
22exemption to be applicable to the requested recording. Upon
23motion filed by a public body receiving such a request, the
24court shall conduct an expedited hearing on the applicability
25of the exemption asserted by the public body to the recordings
26requested.

 

 

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1(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
298-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
3revised 10-14-15.)
 
4    (5 ILCS 140/7.5)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be exempt
7from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other records
17    prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible
25    Disease Control Act.

 

 

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1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a local
17    emergency energy plan ordinance that is adopted under
18    Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by wireless
21    carriers under the Wireless Emergency Telephone Safety
22    Act.
23        (k) Law enforcement officer identification information
24    or driver identification information compiled by a law
25    enforcement agency or the Department of Transportation
26    under Section 11-212 of the Illinois Vehicle Code.

 

 

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1        (l) Records and information provided to a residential
2    health care facility resident sexual assault and death
3    review team or the Executive Council under the Abuse
4    Prevention Review Team Act.
5        (m) Information provided to the predatory lending
6    database created pursuant to Article 3 of the Residential
7    Real Property Disclosure Act, except to the extent
8    authorized under that Article.
9        (n) Defense budgets and petitions for certification of
10    compensation and expenses for court appointed trial
11    counsel as provided under Sections 10 and 15 of the Capital
12    Crimes Litigation Act. This subsection (n) shall apply
13    until the conclusion of the trial of the case, even if the
14    prosecution chooses not to pursue the death penalty prior
15    to trial or sentencing.
16        (o) Information that is prohibited from being
17    disclosed under Section 4 of the Illinois Health and
18    Hazardous Substances Registry Act.
19        (p) Security portions of system safety program plans,
20    investigation reports, surveys, schedules, lists, data, or
21    information compiled, collected, or prepared by or for the
22    Regional Transportation Authority under Section 2.11 of
23    the Regional Transportation Authority Act or the St. Clair
24    County Transit District under the Bi-State Transit Safety
25    Act.
26        (q) Information prohibited from being disclosed by the

 

 

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1    Personnel Records Review Act.
2        (r) Information prohibited from being disclosed by the
3    Illinois School Student Records Act.
4        (s) Information the disclosure of which is restricted
5    under Section 5-108 of the Public Utilities Act.
6        (t) All identified or deidentified health information
7    in the form of health data or medical records contained in,
8    stored in, submitted to, transferred by, or released from
9    the Illinois Health Information Exchange, and identified
10    or deidentified health information in the form of health
11    data and medical records of the Illinois Health Information
12    Exchange in the possession of the Illinois Health
13    Information Exchange Authority due to its administration
14    of the Illinois Health Information Exchange. The terms
15    "identified" and "deidentified" shall be given the same
16    meaning as in the Health Insurance Portability and
17    Accountability and Portability Act of 1996, Public Law
18    104-191, or any subsequent amendments thereto, and any
19    regulations promulgated thereunder.
20        (u) Records and information provided to an independent
21    team of experts under Brian's Law.
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

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1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed Carry
3    Licensing Review Board under the Firearm Concealed Carry
4    Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (w) Personally identifiable information which is
7    exempted from disclosure under subsection (g) of Section
8    19.1 of the Toll Highway Act.
9        (x) Information which is exempted from disclosure
10    under Section 5-1014.3 of the Counties Code or Section
11    8-11-21 of the Illinois Municipal Code.
12        (y) Confidential information under the Adult
13    Protective Services Act and its predecessor enabling
14    statute, the Elder Abuse and Neglect Act, including
15    information about the identity and administrative finding
16    against any caregiver of a verified and substantiated
17    decision of abuse, neglect, or financial exploitation of an
18    eligible adult maintained in the Registry established
19    under Section 7.5 of the Adult Protective Services Act.
20        (z) Records and information provided to a fatality
21    review team or the Illinois Fatality Review Team Advisory
22    Council under Section 15 of the Adult Protective Services
23    Act.
24        (aa) Information which is exempted from disclosure
25    under Section 2.37 of the Wildlife Code.
26        (bb) Information which is or was prohibited from

 

 

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1    disclosure by the Juvenile Court Act of 1987.
2        (cc) (bb) Recordings made under the Law Enforcement
3    Officer-Worn Body Camera Act, except to the extent
4    authorized under that Act or under subsection (4) of
5    Section 7 of this Act.
6(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
7eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
899-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
9revised 10-14-15.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.