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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Department of Juvenile Justice Mortality Review Team Act. | ||||||
6 | Section 5. State policy. The following statements are the | ||||||
7 | policy of this State:
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8 | (1) Understanding that youth have different needs than | ||||||
9 | adults, it is the mission of the Illinois Department of | ||||||
10 | Juvenile Justice to preserve public safety by reducing | ||||||
11 | recidivism. Youth committed to the Department will receive | ||||||
12 | individualized services provided by qualified staff that | ||||||
13 | give them the skills to become productive citizens.
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14 | (2) When a youth dies while committed to the custody of | ||||||
15 | the Department of Juvenile Justice, the response by the | ||||||
16 | State and the community to the death must include an | ||||||
17 | accurate and complete determination of the cause of death | ||||||
18 | and the factors contributing to the death and the | ||||||
19 | development and implementation of measures where necessary | ||||||
20 | and appropriate to prevent future deaths from similar | ||||||
21 | causes.
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22 | (3) Professionals from diverse disciplines and | ||||||
23 | agencies who have responsibilities for youth and expertise |
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1 | that can promote youth safety and well-being, particularly | ||||||
2 | while in State custody, should share their expertise and | ||||||
3 | knowledge so that the goals of determining the causes of | ||||||
4 | youth deaths and preventing future youth deaths can be | ||||||
5 | achieved.
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6 | (4) A greater understanding of the incidence and causes | ||||||
7 | of deaths of youths in State custody is necessary to aid | ||||||
8 | the prevention of such deaths in the future.
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9 | (5) Multidisciplinary and multiagency reviews of youth | ||||||
10 | deaths can assist the Department of Juvenile Justice in (i) | ||||||
11 | developing a greater understanding of the incidence and | ||||||
12 | causes of youth deaths and the methods for preventing those | ||||||
13 | deaths, (ii) identifying any deficiencies in services and | ||||||
14 | systems within the Department of Juvenile Justice that may | ||||||
15 | place youth at greater risk for death while in the custody | ||||||
16 | of the Department, and (iii) identifying and implementing | ||||||
17 | improvements to the Department's systems for delivery of | ||||||
18 | such services.
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19 | (6) Access to information regarding deceased youth and | ||||||
20 | their families by multidisciplinary and multiagency | ||||||
21 | mortality review teams is necessary for those teams to | ||||||
22 | achieve their purposes and duties.
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23 | Section 10. Definitions. In this Act, unless the context | ||||||
24 | requires otherwise:
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25 | "Department" means the Department of Juvenile Justice.
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1 | "Director" means the Director of Juvenile Justice.
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2 | "Mortality review team" or "team" means a Department of | ||||||
3 | Juvenile Justice mortality review team appointed pursuant to | ||||||
4 | this Act.
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5 | "Youth" means any person committed by court order to the | ||||||
6 | custody of the Department of Juvenile Justice.
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7 | Section 15. Mortality review teams; establishment. | ||||||
8 | (a) Upon the occurrence of the death of any youth in the | ||||||
9 | Department's custody, the Director shall appoint members and a | ||||||
10 | chairperson to a mortality review team. The Director shall make | ||||||
11 | the appointments within 30 days after the youth's death. | ||||||
12 | (b) Each mortality review team shall consist of at least | ||||||
13 | one member from each of the following categories:
| ||||||
14 | (1) Pediatrician or other physician. | ||||||
15 | (2) Representative of the Department. | ||||||
16 | (3) State's Attorney or State's Attorney | ||||||
17 | representative. | ||||||
18 | (4) Representative of a local law enforcement agency. | ||||||
19 | (5) Psychologist or psychiatrist. | ||||||
20 | (6) Representative of a local health department. | ||||||
21 | (7) Designee of the Board of Education of the | ||||||
22 | Department of Juvenile Justice School District created | ||||||
23 | under Section 13-40 of the School Code. | ||||||
24 | (8) Coroner or forensic pathologist. | ||||||
25 | (9) Representative of a juvenile justice advocacy |
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1 | organization. | ||||||
2 | (10) Representative of a local hospital, trauma | ||||||
3 | center, or provider of emergency medical services. | ||||||
4 | (11) Representative of the Department of State Police. | ||||||
5 | (12) Representative of the Office of the Governor's | ||||||
6 | Executive Inspector General. | ||||||
7 | A mortality review team may make recommendations to the | ||||||
8 | Director concerning additional appointments.
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9 | (c) Each mortality review team member must have | ||||||
10 | demonstrated experience or an interest in welfare of youth in | ||||||
11 | State custody.
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12 | (d) The mortality review teams shall be funded in the | ||||||
13 | Department's annual budget to provide for the travel expenses | ||||||
14 | of team members and professional services engaged by the team.
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15 | (e) If a death of a youth in the Department's custody | ||||||
16 | occurs while a prior youth death is under review by a team | ||||||
17 | pursuant to this Act, the Director may request that the team | ||||||
18 | review the subsequent death. | ||||||
19 | (f) Upon the conclusion of all reporting required under | ||||||
20 | Sections 20, 25, and 30 with respect to a death reviewed by a | ||||||
21 | team, all appointments to the team shall expire.
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22 | Section 20. Reviews of youth deaths. | ||||||
23 | (a) A mortality review team shall review every death of a | ||||||
24 | youth that occurs within a facility of the Department or as the | ||||||
25 | result of an act or incident occurring within a facility of the |
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1 | Department, including deaths resulting from suspected illness, | ||||||
2 | injury, or self-harm or from an unknown cause.
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3 | (b) If the coroner of the county in which a youth died | ||||||
4 | determines that the youth's death was the direct or proximate | ||||||
5 | result of alleged or suspected criminal activity, the mortality | ||||||
6 | review team's investigation shall be in addition to any | ||||||
7 | criminal investigation of the death but shall be limited to a | ||||||
8 | review of systems and practices of the Department. In the | ||||||
9 | course of conducting its review, the team shall obtain | ||||||
10 | assurance from law enforcement officials that acts taken in | ||||||
11 | furtherance of the review will not impair any criminal | ||||||
12 | investigation or prosecution.
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13 | (c) A mortality review team's purpose in conducting a | ||||||
14 | review of a youth death is to do the following:
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15 | (1) Assist in determining the cause and manner of the | ||||||
16 | youth’s death, if requested.
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17 | (2) Evaluate any means by which the death might have | ||||||
18 | been prevented, including, but not limited to, the | ||||||
19 | evaluation of the Department's systems for the following:
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20 | (A) Training. | ||||||
21 | (B) Assessment and referral for services. | ||||||
22 | (C) Communication. | ||||||
23 | (D) Housing. | ||||||
24 | (E) Supervision of youth. | ||||||
25 | (F) Intervention in critical incidents. | ||||||
26 | (G) Reporting. |
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1 | (H) Follow-up and mortality review following | ||||||
2 | critical incidents or youth deaths.
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3 | (3) Recommend continuing education and training for | ||||||
4 | Department staff.
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5 | (4) Make specific recommendations to the Director | ||||||
6 | concerning the prevention of deaths of youth in the | ||||||
7 | Department's custody.
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8 | (d) A mortality review team shall review a youth death as | ||||||
9 | soon as practicable and not later than within 90 days after a | ||||||
10 | law enforcement agency's completion of its investigation if the | ||||||
11 | death is the result of alleged or suspected criminal activity. | ||||||
12 | If there has been no investigation by a law enforcement agency, | ||||||
13 | the mortality review team shall review a youth's death within | ||||||
14 | 90 days after obtaining the information necessary to complete | ||||||
15 | the review from the coroner, pathologist, medical examiner, or | ||||||
16 | law enforcement agency, depending on the nature of the case. | ||||||
17 | The team shall meet as needed in person or via teleconference | ||||||
18 | or video conference following appointment of the team members. | ||||||
19 | When necessary and upon request of the team, the Director may | ||||||
20 | extend the deadline for a review up to an additional 90 days.
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21 | Section 25. Director's reply and additional report. | ||||||
22 | (a) As soon as practicable, but not later than 90 days | ||||||
23 | after receipt of the recommendations made by a team pursuant to | ||||||
24 | subdivision (c)(4) of Section 20, the Director shall review and | ||||||
25 | reply to each such recommendation. With respect to each |
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1 | recommendation made by a team, the Director shall submit his or | ||||||
2 | her reply to the chairperson of that team. The Director's reply | ||||||
3 | to each recommendation must include a statement as to whether | ||||||
4 | the Director intends to implement the recommendation. The | ||||||
5 | Director shall implement a team's recommendations as feasible | ||||||
6 | and appropriate and shall respond in writing to explain the | ||||||
7 | implementation or non-implementation of each recommendation.
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8 | (b) Within 90 days after the Director submits a reply with | ||||||
9 | respect to a recommendation as required by subsection (a), the | ||||||
10 | Director must submit an additional report to the chairperson of | ||||||
11 | the team that sets forth in detail the way, if any, in which | ||||||
12 | the Director will implement the recommendation and the schedule | ||||||
13 | for implementing the recommendation.
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14 | Section 30. Report to Executive Inspector General. Within | ||||||
15 | 180 days after the Director submits a reply under subsection | ||||||
16 | (a) of Section 25 concerning the implementation of a team's | ||||||
17 | recommendation, the Director shall submit a further report to | ||||||
18 | the chairperson of the team that made the recommendation and to | ||||||
19 | the Executive Inspector General appointed by the Governor under | ||||||
20 | Section 20-10 of the State Officials and Employees Ethics Act. | ||||||
21 | The Director's report shall set forth any specific changes in | ||||||
22 | the Department's policies and procedures that have been made in | ||||||
23 | response to the team's recommendation. | ||||||
24 | Section 35. Team access to information. |
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1 | (a) The Department shall provide to a mortality review | ||||||
2 | team, on the request of the team's chairperson, all records and | ||||||
3 | information in the Department's possession that are relevant to | ||||||
4 | the team's review of a youth death.
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5 | (b) The mortality review team shall have access to all | ||||||
6 | records and information that are relevant to its review of a | ||||||
7 | youth death and in the possession of a State or local | ||||||
8 | governmental agency, including, without limitation, birth | ||||||
9 | certificates, all relevant medical and mental health records, | ||||||
10 | records of law enforcement agency investigations, records of | ||||||
11 | coroner or medical examiner investigations, records of a | ||||||
12 | probation and court services department regarding the youth, | ||||||
13 | and records of a social services agency that provided services | ||||||
14 | to the youth or the youth's family.
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15 | (c) Each appointed member of a mortality review team shall | ||||||
16 | sign an acknowledgement upon appointment and before | ||||||
17 | participating in meetings or review of records acknowledging | ||||||
18 | the confidentiality of information obtained in the course of | ||||||
19 | the team's review and containing the member's agreement not to | ||||||
20 | reproduce or distribute confidential information obtained in | ||||||
21 | the course of the review.
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22 | Section 40. Public access to information. | ||||||
23 | (a) Meetings of a mortality review team shall be closed to | ||||||
24 | the public. Meetings of the mortality review teams are not | ||||||
25 | subject to the Open Meetings Act, as provided in that Act.
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1 | (b) Records and information provided to a mortality review | ||||||
2 | team and records maintained by a team are confidential and not | ||||||
3 | subject to inspection and copying under the Freedom of | ||||||
4 | Information Act, as provided in that Act.
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5 | (c) Members of a mortality review team are not subject to | ||||||
6 | examination, in any civil or criminal proceeding, concerning | ||||||
7 | information presented to members of the team or opinions formed | ||||||
8 | by members of the team based on that information. A team member | ||||||
9 | may, however, be examined concerning information provided to | ||||||
10 | the team that is otherwise available to the public.
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11 | (d) Records and information produced by a mortality review | ||||||
12 | team are not subject to discovery or subpoena and are not | ||||||
13 | admissible as evidence in any civil or criminal proceeding. | ||||||
14 | Those records and information are, however, subject to | ||||||
15 | discovery or a subpoena, and are admissible as evidence, to the | ||||||
16 | extent they are otherwise available to the public.
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17 | Section 45. Indemnification of team members. The State | ||||||
18 | shall indemnify and hold harmless members of a mortality review | ||||||
19 | team for all their acts, omissions, decisions, or other conduct | ||||||
20 | arising out of the scope of their service on the team, except | ||||||
21 | for acts, omissions, decisions, or other conduct involving | ||||||
22 | willful or wanton misconduct. The method of providing | ||||||
23 | indemnification shall be as provided in the State Employee | ||||||
24 | Indemnification Act. |
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1 | Section 90. The Open Meetings Act is amended by changing | ||||||
2 | Section 2 as follows:
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3 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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4 | Sec. 2. Open meetings.
| ||||||
5 | (a) Openness required. All meetings of public
bodies shall | ||||||
6 | be open to the public unless excepted in subsection (c)
and | ||||||
7 | closed in accordance with Section 2a.
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8 | (b) Construction of exceptions. The exceptions contained | ||||||
9 | in subsection
(c) are in derogation of the requirement that | ||||||
10 | public bodies
meet in the open, and therefore, the exceptions | ||||||
11 | are to be strictly
construed, extending only to subjects | ||||||
12 | clearly within their scope.
The exceptions authorize but do not | ||||||
13 | require the holding of
a closed meeting to discuss a subject | ||||||
14 | included within an enumerated exception.
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15 | (c) Exceptions. A public body may hold closed meetings to | ||||||
16 | consider the
following subjects:
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17 | (1) The appointment, employment, compensation, | ||||||
18 | discipline, performance,
or dismissal of specific | ||||||
19 | employees of the public body or legal counsel for
the | ||||||
20 | public body, including hearing
testimony on a complaint | ||||||
21 | lodged against an employee of the public body or
against | ||||||
22 | legal counsel for the public body to determine its | ||||||
23 | validity.
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24 | (2) Collective negotiating matters between the public | ||||||
25 | body and its
employees or their representatives, or |
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1 | deliberations concerning salary
schedules for one or more | ||||||
2 | classes of employees.
| ||||||
3 | (3) The selection of a person to fill a public office,
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4 | as defined in this Act, including a vacancy in a public | ||||||
5 | office, when the public
body is given power to appoint | ||||||
6 | under law or ordinance, or the discipline,
performance or | ||||||
7 | removal of the occupant of a public office, when the public | ||||||
8 | body
is given power to remove the occupant under law or | ||||||
9 | ordinance.
| ||||||
10 | (4) Evidence or testimony presented in open hearing, or | ||||||
11 | in closed
hearing where specifically authorized by law, to
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12 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
13 | that the body
prepares and makes available for public | ||||||
14 | inspection a written decision
setting forth its | ||||||
15 | determinative reasoning.
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16 | (5) The purchase or lease of real property for the use | ||||||
17 | of
the public body, including meetings held for the purpose | ||||||
18 | of discussing
whether a particular parcel should be | ||||||
19 | acquired.
| ||||||
20 | (6) The setting of a price for sale or lease of | ||||||
21 | property owned
by the public body.
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22 | (7) The sale or purchase of securities, investments, or | ||||||
23 | investment
contracts.
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24 | (8) Security procedures and the use of personnel and
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25 | equipment to respond to an actual, a threatened, or a | ||||||
26 | reasonably
potential danger to the safety of employees, |
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1 | students, staff, the public, or
public
property.
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2 | (9) Student disciplinary cases.
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3 | (10) The placement of individual students in special | ||||||
4 | education
programs and other matters relating to | ||||||
5 | individual students.
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6 | (11) Litigation, when an action against, affecting or | ||||||
7 | on behalf of the
particular public body has been filed and | ||||||
8 | is pending before a court or
administrative tribunal, or | ||||||
9 | when the public body finds that an action is
probable or | ||||||
10 | imminent, in which case the basis for the finding shall be
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11 | recorded and entered into the minutes of the closed | ||||||
12 | meeting.
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13 | (12) The establishment of reserves or settlement of | ||||||
14 | claims as provided
in the Local Governmental and | ||||||
15 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
16 | disposition of a claim or potential claim might be
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17 | prejudiced, or the review or discussion of claims, loss or | ||||||
18 | risk management
information, records, data, advice or | ||||||
19 | communications from or with respect
to any insurer of the | ||||||
20 | public body or any intergovernmental risk management
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21 | association or self insurance pool of which the public body | ||||||
22 | is a member.
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23 | (13) Conciliation of complaints of discrimination in | ||||||
24 | the sale or rental
of housing, when closed meetings are | ||||||
25 | authorized by the law or ordinance
prescribing fair housing | ||||||
26 | practices and creating a commission or
administrative |
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1 | agency for their enforcement.
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2 | (14) Informant sources, the hiring or assignment of | ||||||
3 | undercover personnel
or equipment, or ongoing, prior or | ||||||
4 | future criminal investigations, when
discussed by a public | ||||||
5 | body with criminal investigatory responsibilities.
| ||||||
6 | (15) Professional ethics or performance when | ||||||
7 | considered by an advisory
body appointed to advise a | ||||||
8 | licensing or regulatory agency on matters
germane to the | ||||||
9 | advisory body's field of competence.
| ||||||
10 | (16) Self evaluation, practices and procedures or | ||||||
11 | professional ethics,
when meeting with a representative of | ||||||
12 | a statewide association of which the
public body is a | ||||||
13 | member.
| ||||||
14 | (17) The recruitment, credentialing, discipline or | ||||||
15 | formal peer review
of physicians or other
health care | ||||||
16 | professionals for a hospital, or
other institution | ||||||
17 | providing medical care, that is operated by the public | ||||||
18 | body.
| ||||||
19 | (18) Deliberations for decisions of the Prisoner | ||||||
20 | Review Board.
| ||||||
21 | (19) Review or discussion of applications received | ||||||
22 | under the
Experimental Organ Transplantation Procedures | ||||||
23 | Act.
| ||||||
24 | (20) The classification and discussion of matters | ||||||
25 | classified as
confidential or continued confidential by | ||||||
26 | the State Government Suggestion Award
Board.
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1 | (21) Discussion of minutes of meetings lawfully closed | ||||||
2 | under this Act,
whether for purposes of approval by the | ||||||
3 | body of the minutes or semi-annual
review of the minutes as | ||||||
4 | mandated by Section 2.06.
| ||||||
5 | (22) Deliberations for decisions of the State
| ||||||
6 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
7 | (23) The operation by a municipality of a municipal | ||||||
8 | utility or the
operation of a
municipal power agency or | ||||||
9 | municipal natural gas agency when the
discussion involves | ||||||
10 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
11 | of electricity or natural gas or (ii) the results
or | ||||||
12 | conclusions of load forecast studies.
| ||||||
13 | (24) Meetings of a residential health care facility | ||||||
14 | resident sexual
assault and death review
team or
the | ||||||
15 | Executive
Council under the Abuse Prevention Review
Team | ||||||
16 | Act.
| ||||||
17 | (25) Meetings of a mortality review team appointed | ||||||
18 | under the Department of Juvenile Justice Mortality Review | ||||||
19 | Team Act. | ||||||
20 | (d) Definitions. For purposes of this Section:
| ||||||
21 | "Employee" means a person employed by a public body whose | ||||||
22 | relationship
with the public body constitutes an | ||||||
23 | employer-employee relationship under
the usual common law | ||||||
24 | rules, and who is not an independent contractor.
| ||||||
25 | "Public office" means a position created by or under the
| ||||||
26 | Constitution or laws of this State, the occupant of which is |
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1 | charged with
the exercise of some portion of the sovereign | ||||||
2 | power of this State. The term
"public office" shall include | ||||||
3 | members of the public body, but it shall not
include | ||||||
4 | organizational positions filled by members thereof, whether
| ||||||
5 | established by law or by a public body itself, that exist to | ||||||
6 | assist the
body in the conduct of its business.
| ||||||
7 | "Quasi-adjudicative body" means an administrative body | ||||||
8 | charged by law or
ordinance with the responsibility to conduct | ||||||
9 | hearings, receive evidence or
testimony and make | ||||||
10 | determinations based
thereon, but does not include
local | ||||||
11 | electoral boards when such bodies are considering petition | ||||||
12 | challenges.
| ||||||
13 | (e) Final action. No final action may be taken at a closed | ||||||
14 | meeting.
Final action shall be preceded by a public recital of | ||||||
15 | the nature of the
matter being considered and other information | ||||||
16 | that will inform the
public of the business being conducted.
| ||||||
17 | (Source: P.A. 94-931, eff. 6-26-06; 95-185, eff. 1-1-08.)
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18 | Section 92. The Freedom of Information Act is amended by | ||||||
19 | changing Section 7 as follows: | ||||||
20 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
21 | (Text of Section before amendment by P.A. 96-736 ) | ||||||
22 | Sec. 7. Exemptions.
| ||||||
23 | (1) When a request is made to inspect or copy a public | ||||||
24 | record that contains information that is exempt from disclosure |
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| |||||||
1 | under this Section, but also contains information that is not | ||||||
2 | exempt from disclosure, the public body may elect to redact the | ||||||
3 | information that is exempt. The public body shall make the | ||||||
4 | remaining information available for inspection and copying. | ||||||
5 | Subject to this requirement, the following shall be exempt from | ||||||
6 | inspection 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 |
| |||||||
| |||||||
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 | (e) Records that relate to or affect the security of | ||||||
17 | correctional
institutions and detention facilities.
| ||||||
18 | (f) Preliminary drafts, notes, recommendations, | ||||||
19 | memoranda and other
records in which opinions are | ||||||
20 | expressed, or policies or actions are
formulated, except | ||||||
21 | that a specific record or relevant portion of a
record | ||||||
22 | shall not be exempt when the record is publicly cited
and | ||||||
23 | identified by the head of the public body. The exemption | ||||||
24 | provided in
this paragraph (f) extends to all those records | ||||||
25 | of officers and agencies
of the General Assembly that | ||||||
26 | pertain to the preparation of legislative
documents.
|
| |||||||
| |||||||
1 | (g) Trade secrets and commercial or financial | ||||||
2 | information obtained from
a person or business where the | ||||||
3 | trade secrets or commercial or financial information are | ||||||
4 | furnished under a claim that they are
proprietary, | ||||||
5 | privileged or confidential, and that disclosure of the | ||||||
6 | trade
secrets or commercial or financial information would | ||||||
7 | cause competitive harm to the person or business, and only | ||||||
8 | insofar as the claim directly applies to the records | ||||||
9 | requested. | ||||||
10 | The information included under this exemption includes | ||||||
11 | all (i) All trade secrets and commercial or financial | ||||||
12 | information obtained by a public body, including a public | ||||||
13 | pension fund, from a private equity fund or a privately | ||||||
14 | held company within the investment portfolio of a private | ||||||
15 | equity fund as a result of either investing or evaluating a | ||||||
16 | potential investment of public funds in a private equity | ||||||
17 | fund. The exemption contained in this item does not apply | ||||||
18 | to the aggregate financial performance information of a | ||||||
19 | private equity fund, nor to the identity of the fund's | ||||||
20 | managers or general partners. The exemption contained in | ||||||
21 | this item does not apply to the identity of a privately | ||||||
22 | held company within the investment portfolio of a private | ||||||
23 | equity fund, unless the disclosure of the identity of a | ||||||
24 | privately held company may cause competitive harm. | ||||||
25 | Nothing contained in this
paragraph (g) shall be | ||||||
26 | construed to prevent a person or business from
consenting |
| |||||||
| |||||||
1 | to disclosure.
| ||||||
2 | (h) Proposals and bids for any contract, grant, or | ||||||
3 | agreement, including
information which if it were | ||||||
4 | disclosed would frustrate procurement or give
an advantage | ||||||
5 | to any person proposing to enter into a contractor | ||||||
6 | agreement
with the body, until an award or final selection | ||||||
7 | is made. Information
prepared by or for the body in | ||||||
8 | preparation of a bid solicitation shall be
exempt until an | ||||||
9 | award or final selection is made.
| ||||||
10 | (i) Valuable formulae,
computer geographic systems,
| ||||||
11 | designs, drawings and research data obtained or
produced by | ||||||
12 | any public body when disclosure could reasonably be | ||||||
13 | expected to
produce private gain or public loss.
The | ||||||
14 | exemption for "computer geographic systems" provided in | ||||||
15 | this paragraph
(i) does not extend to requests made by news | ||||||
16 | media as defined in Section 2 of
this Act when the | ||||||
17 | requested information is not otherwise exempt and the only
| ||||||
18 | purpose of the request is to access and disseminate | ||||||
19 | information regarding the
health, safety, welfare, or | ||||||
20 | legal rights of the general public.
| ||||||
21 | (j) The following information pertaining to | ||||||
22 | educational matters: | ||||||
23 | (i) test questions, scoring keys and other | ||||||
24 | examination data used to
administer an academic | ||||||
25 | examination;
| ||||||
26 | (ii) information received by a primary or |
| |||||||
| |||||||
1 | secondary school, college, or university under its | ||||||
2 | procedures for the evaluation of faculty members by | ||||||
3 | their academic peers; | ||||||
4 | (iii) information concerning a school or | ||||||
5 | university's adjudication of student disciplinary | ||||||
6 | cases, but only to the extent that disclosure would | ||||||
7 | unavoidably reveal the identity of the student; and | ||||||
8 | (iv) course materials or research materials used | ||||||
9 | by faculty members. | ||||||
10 | (k) Architects' plans, engineers' technical | ||||||
11 | submissions, and
other
construction related technical | ||||||
12 | documents for
projects not constructed or developed in | ||||||
13 | whole or in part with public funds
and the same for | ||||||
14 | projects constructed or developed with public funds, | ||||||
15 | including but not limited to power generating and | ||||||
16 | distribution stations and other transmission and | ||||||
17 | distribution facilities, water treatment facilities, | ||||||
18 | airport facilities, sport stadiums, convention centers, | ||||||
19 | and all government owned, operated, or occupied buildings, | ||||||
20 | but
only to the extent
that disclosure would compromise | ||||||
21 | security.
| ||||||
22 | (l) Minutes of meetings of public bodies closed to the
| ||||||
23 | public as provided in the Open Meetings Act until the | ||||||
24 | public body
makes the minutes available to the public under | ||||||
25 | Section 2.06 of the Open
Meetings Act.
| ||||||
26 | (m) Communications between a public body and an |
| |||||||
| |||||||
1 | attorney or auditor
representing the public body that would | ||||||
2 | not be subject to discovery in
litigation, and materials | ||||||
3 | prepared or compiled by or for a public body in
| ||||||
4 | anticipation of a criminal, civil or administrative | ||||||
5 | proceeding upon the
request of an attorney advising the | ||||||
6 | public body, and materials prepared or
compiled with | ||||||
7 | respect to internal audits of public bodies.
| ||||||
8 | (n) Records relating to a public body's adjudication of | ||||||
9 | employee grievances or disciplinary cases; however, this | ||||||
10 | exemption shall not extend to the final outcome of cases in | ||||||
11 | which discipline is imposed.
| ||||||
12 | (o) Administrative or technical information associated | ||||||
13 | with automated
data processing operations, including but | ||||||
14 | not limited to software,
operating protocols, computer | ||||||
15 | program abstracts, file layouts, source
listings, object | ||||||
16 | modules, load modules, user guides, documentation
| ||||||
17 | pertaining to all logical and physical design of | ||||||
18 | computerized systems,
employee manuals, and any other | ||||||
19 | information that, if disclosed, would
jeopardize the | ||||||
20 | security of the system or its data or the security of
| ||||||
21 | materials exempt under this Section.
| ||||||
22 | (p) Records relating to collective negotiating matters
| ||||||
23 | between public bodies and their employees or | ||||||
24 | representatives, except that
any final contract or | ||||||
25 | agreement shall be subject to inspection and copying.
| ||||||
26 | (q) Test questions, scoring keys, and other |
| |||||||
| |||||||
1 | examination data used to determine the qualifications of an | ||||||
2 | applicant for a license or employment.
| ||||||
3 | (r) The records, documents , and information relating | ||||||
4 | to real estate
purchase negotiations until those | ||||||
5 | negotiations have been completed or
otherwise terminated. | ||||||
6 | With regard to a parcel involved in a pending or
actually | ||||||
7 | and reasonably contemplated eminent domain proceeding | ||||||
8 | under the Eminent Domain Act, records, documents and
| ||||||
9 | information relating to that parcel shall be exempt except | ||||||
10 | as may be
allowed under discovery rules adopted by the | ||||||
11 | Illinois Supreme Court. The
records, documents and | ||||||
12 | information relating to a real estate sale shall be
exempt | ||||||
13 | until a sale is consummated.
| ||||||
14 | (s) Any and all proprietary information and records | ||||||
15 | related to the
operation of an intergovernmental risk | ||||||
16 | management association or
self-insurance pool or jointly | ||||||
17 | self-administered health and accident
cooperative or pool.
| ||||||
18 | Insurance or self insurance (including any | ||||||
19 | intergovernmental risk management association or self | ||||||
20 | insurance pool) claims, loss or risk management | ||||||
21 | information, records, data, advice or communications.
| ||||||
22 | (t) Information contained in or related to | ||||||
23 | examination, operating, or
condition reports prepared by, | ||||||
24 | on behalf of, or for the use of a public
body responsible | ||||||
25 | for the regulation or supervision of financial
| ||||||
26 | institutions or insurance companies, unless disclosure is |
| |||||||
| |||||||
1 | otherwise
required by State law.
| ||||||
2 | (u) Information that would disclose
or might lead to | ||||||
3 | the disclosure of
secret or confidential information, | ||||||
4 | codes, algorithms, programs, or private
keys intended to be | ||||||
5 | used to create electronic or digital signatures under the
| ||||||
6 | Electronic Commerce Security Act.
| ||||||
7 | (v) Vulnerability assessments, security measures, and | ||||||
8 | response policies
or plans that are designed to identify, | ||||||
9 | prevent, or respond to potential
attacks upon a community's | ||||||
10 | population or systems, facilities, or installations,
the | ||||||
11 | destruction or contamination of which would constitute a | ||||||
12 | clear and present
danger to the health or safety of the | ||||||
13 | community, but only to the extent that
disclosure could | ||||||
14 | reasonably be expected to jeopardize the effectiveness of | ||||||
15 | the
measures or the safety of the personnel who implement | ||||||
16 | them or the public.
Information exempt under this item may | ||||||
17 | include such things as details
pertaining to the | ||||||
18 | mobilization or deployment of personnel or equipment, to | ||||||
19 | the
operation of communication systems or protocols, or to | ||||||
20 | tactical operations.
| ||||||
21 | (w) (Blank). | ||||||
22 | (x) Maps and other records regarding the location or | ||||||
23 | security of generation, transmission, distribution, | ||||||
24 | storage, gathering,
treatment, or switching facilities | ||||||
25 | owned by a utility, by a power generator, or by the | ||||||
26 | Illinois Power Agency.
|
| |||||||
| |||||||
1 | (y) Information contained in or related to proposals, | ||||||
2 | bids, or negotiations related to electric power | ||||||
3 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
4 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
5 | is determined to be confidential and proprietary by the | ||||||
6 | Illinois Power Agency or by the Illinois Commerce | ||||||
7 | Commission.
| ||||||
8 | (z) (tt) Information about students exempted from | ||||||
9 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
10 | School Code, and information about undergraduate students | ||||||
11 | enrolled at an institution of higher education exempted | ||||||
12 | from disclosure under Section 25 of the Illinois Credit | ||||||
13 | Card Marketing Act of 2009. | ||||||
14 | (bb) Records and information provided to a mortality | ||||||
15 | review team and records maintained by a mortality review | ||||||
16 | team appointed under the Department of Juvenile Justice | ||||||
17 | Mortality Review Team Act. | ||||||
18 | (2) A public record that is not in the possession of a | ||||||
19 | public body but is in the possession of a party with whom the | ||||||
20 | agency has contracted to perform a governmental function on | ||||||
21 | behalf of the public body, and that directly relates to the | ||||||
22 | governmental function and is not otherwise exempt under this | ||||||
23 | Act, shall be considered a public record of the public body, | ||||||
24 | for purposes of this Act. | ||||||
25 | (3) This Section does not authorize withholding of | ||||||
26 | information or limit the
availability of records to the public, |
| |||||||
| |||||||
1 | except as stated in this Section or
otherwise provided in this | ||||||
2 | Act.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
4 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
5 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
6 | revised 9-25-09.) | ||||||
7 | (Text of Section after amendment by P.A. 96-736 ) | ||||||
8 | Sec. 7. Exemptions.
| ||||||
9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from disclosure | ||||||
11 | under this Section, but also contains information that is not | ||||||
12 | exempt from disclosure, the public body may elect to redact the | ||||||
13 | information that is exempt. The public body shall make the | ||||||
14 | remaining information available for inspection and copying. | ||||||
15 | Subject to this requirement, the following shall be exempt from | ||||||
16 | inspection and copying:
| ||||||
17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or
State law or rules and regulations | ||||||
19 | implementing federal or State law.
| ||||||
20 | (b) Private information, unless disclosure is required | ||||||
21 | by another provision of this Act, a State or federal law or | ||||||
22 | a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases | ||||||
24 | maintained by one or more law enforcement agencies and | ||||||
25 | specifically designed to provide information to one or more |
| |||||||
| |||||||
1 | law enforcement agencies regarding the physical or mental | ||||||
2 | status of one or more individual subjects. | ||||||
3 | (c) Personal information contained within public | ||||||
4 | records, the disclosure of which would constitute a clearly
| ||||||
5 | unwarranted invasion of personal privacy, unless the | ||||||
6 | disclosure is
consented to in writing by the individual | ||||||
7 | subjects of the information. "Unwarranted invasion of | ||||||
8 | personal privacy" means the disclosure of information that | ||||||
9 | is highly personal or objectionable to a reasonable person | ||||||
10 | and in which the subject's right to privacy outweighs any | ||||||
11 | legitimate public interest in obtaining the information. | ||||||
12 | The
disclosure of information that bears on the public | ||||||
13 | duties of public
employees and officials shall not be | ||||||
14 | considered an invasion of personal
privacy.
| ||||||
15 | (d) Records in the possession of any public body | ||||||
16 | created in the course of administrative enforcement
| ||||||
17 | proceedings, and any law enforcement or correctional | ||||||
18 | agency for
law enforcement purposes,
but only to the extent | ||||||
19 | that disclosure would:
| ||||||
20 | (i) interfere with pending or actually and | ||||||
21 | reasonably contemplated
law enforcement proceedings | ||||||
22 | conducted by any law enforcement or correctional
| ||||||
23 | agency that is the recipient of the request;
| ||||||
24 | (ii) interfere with active administrative | ||||||
25 | enforcement proceedings
conducted by the public body | ||||||
26 | that is the recipient of the request;
|
| |||||||
| |||||||
1 | (iii) create a substantial likelihood that a | ||||||
2 | person will be deprived of a fair trial or an impartial | ||||||
3 | hearing;
| ||||||
4 | (iv) unavoidably disclose the identity of a | ||||||
5 | confidential source, confidential information | ||||||
6 | furnished only by the confidential source, or persons | ||||||
7 | who file complaints with or provide information to | ||||||
8 | administrative, investigative, law enforcement, or | ||||||
9 | penal agencies; except that the identities of | ||||||
10 | witnesses to traffic accidents, traffic accident | ||||||
11 | reports, and rescue reports shall be provided by | ||||||
12 | agencies of local government, except when disclosure | ||||||
13 | would interfere with an active criminal investigation | ||||||
14 | conducted by the agency that is the recipient of the | ||||||
15 | request;
| ||||||
16 | (v) disclose unique or specialized investigative | ||||||
17 | techniques other than
those generally used and known or | ||||||
18 | disclose internal documents of
correctional agencies | ||||||
19 | related to detection, observation or investigation of
| ||||||
20 | incidents of crime or misconduct, and disclosure would | ||||||
21 | result in demonstrable harm to the agency or public | ||||||
22 | body that is the recipient of the request;
| ||||||
23 | (vi) endanger the life or physical safety of law | ||||||
24 | enforcement personnel
or any other person; or
| ||||||
25 | (vii) obstruct an ongoing criminal investigation | ||||||
26 | by the agency that is the recipient of the request.
|
| |||||||
| |||||||
1 | (e) Records that relate to or affect the security of | ||||||
2 | correctional
institutions and detention facilities.
| ||||||
3 | (f) Preliminary drafts, notes, recommendations, | ||||||
4 | memoranda and other
records in which opinions are | ||||||
5 | expressed, or policies or actions are
formulated, except | ||||||
6 | that a specific record or relevant portion of a
record | ||||||
7 | shall not be exempt when the record is publicly cited
and | ||||||
8 | identified by the head of the public body. The exemption | ||||||
9 | provided in
this paragraph (f) extends to all those records | ||||||
10 | of officers and agencies
of the General Assembly that | ||||||
11 | pertain to the preparation of legislative
documents.
| ||||||
12 | (g) Trade secrets and commercial or financial | ||||||
13 | information obtained from
a person or business where the | ||||||
14 | trade secrets or commercial or financial information are | ||||||
15 | furnished under a claim that they are
proprietary, | ||||||
16 | privileged or confidential, and that disclosure of the | ||||||
17 | trade
secrets or commercial or financial information would | ||||||
18 | cause competitive harm to the person or business, and only | ||||||
19 | insofar as the claim directly applies to the records | ||||||
20 | requested. | ||||||
21 | The information included under this exemption includes | ||||||
22 | all (i) All trade secrets and commercial or financial | ||||||
23 | information obtained by a public body, including a public | ||||||
24 | pension fund, from a private equity fund or a privately | ||||||
25 | held company within the investment portfolio of a private | ||||||
26 | equity fund as a result of either investing or evaluating a |
| |||||||
| |||||||
1 | potential investment of public funds in a private equity | ||||||
2 | fund. The exemption contained in this item does not apply | ||||||
3 | to the aggregate financial performance information of a | ||||||
4 | private equity fund, nor to the identity of the fund's | ||||||
5 | managers or general partners. The exemption contained in | ||||||
6 | this item does not apply to the identity of a privately | ||||||
7 | held company within the investment portfolio of a private | ||||||
8 | equity fund, unless the disclosure of the identity of a | ||||||
9 | privately held company may cause competitive harm. | ||||||
10 | Nothing contained in this
paragraph (g) shall be | ||||||
11 | construed to prevent a person or business from
consenting | ||||||
12 | to disclosure.
| ||||||
13 | (h) Proposals and bids for any contract, grant, or | ||||||
14 | agreement, including
information which if it were | ||||||
15 | disclosed would frustrate procurement or give
an advantage | ||||||
16 | to any person proposing to enter into a contractor | ||||||
17 | agreement
with the body, until an award or final selection | ||||||
18 | is made. Information
prepared by or for the body in | ||||||
19 | preparation of a bid solicitation shall be
exempt until an | ||||||
20 | award or final selection is made.
| ||||||
21 | (i) Valuable formulae,
computer geographic systems,
| ||||||
22 | designs, drawings and research data obtained or
produced by | ||||||
23 | any public body when disclosure could reasonably be | ||||||
24 | expected to
produce private gain or public loss.
The | ||||||
25 | exemption for "computer geographic systems" provided in | ||||||
26 | this paragraph
(i) does not extend to requests made by news |
| |||||||
| |||||||
1 | media as defined in Section 2 of
this Act when the | ||||||
2 | requested information is not otherwise exempt and the only
| ||||||
3 | purpose of the request is to access and disseminate | ||||||
4 | information regarding the
health, safety, welfare, or | ||||||
5 | legal rights of the general public.
| ||||||
6 | (j) The following information pertaining to | ||||||
7 | educational matters: | ||||||
8 | (i) test questions, scoring keys and other | ||||||
9 | examination data used to
administer an academic | ||||||
10 | examination;
| ||||||
11 | (ii) information received by a primary or | ||||||
12 | secondary school, college, or university under its | ||||||
13 | procedures for the evaluation of faculty members by | ||||||
14 | their academic peers; | ||||||
15 | (iii) information concerning a school or | ||||||
16 | university's adjudication of student disciplinary | ||||||
17 | cases, but only to the extent that disclosure would | ||||||
18 | unavoidably reveal the identity of the student; and | ||||||
19 | (iv) course materials or research materials used | ||||||
20 | by faculty members. | ||||||
21 | (k) Architects' plans, engineers' technical | ||||||
22 | submissions, and
other
construction related technical | ||||||
23 | documents for
projects not constructed or developed in | ||||||
24 | whole or in part with public funds
and the same for | ||||||
25 | projects constructed or developed with public funds, | ||||||
26 | including but not limited to power generating and |
| |||||||
| |||||||
1 | distribution stations and other transmission and | ||||||
2 | distribution facilities, water treatment facilities, | ||||||
3 | airport facilities, sport stadiums, convention centers, | ||||||
4 | and all government owned, operated, or occupied buildings, | ||||||
5 | but
only to the extent
that disclosure would compromise | ||||||
6 | security.
| ||||||
7 | (l) Minutes of meetings of public bodies closed to the
| ||||||
8 | public as provided in the Open Meetings Act until the | ||||||
9 | public body
makes the minutes available to the public under | ||||||
10 | Section 2.06 of the Open
Meetings Act.
| ||||||
11 | (m) Communications between a public body and an | ||||||
12 | attorney or auditor
representing the public body that would | ||||||
13 | not be subject to discovery in
litigation, and materials | ||||||
14 | prepared or compiled by or for a public body in
| ||||||
15 | anticipation of a criminal, civil or administrative | ||||||
16 | proceeding upon the
request of an attorney advising the | ||||||
17 | public body, and materials prepared or
compiled with | ||||||
18 | respect to internal audits of public bodies.
| ||||||
19 | (n) Records relating to a public body's adjudication of | ||||||
20 | employee grievances or disciplinary cases; however, this | ||||||
21 | exemption shall not extend to the final outcome of cases in | ||||||
22 | which discipline is imposed.
| ||||||
23 | (o) Administrative or technical information associated | ||||||
24 | with automated
data processing operations, including but | ||||||
25 | not limited to software,
operating protocols, computer | ||||||
26 | program abstracts, file layouts, source
listings, object |
| |||||||
| |||||||
1 | modules, load modules, user guides, documentation
| ||||||
2 | pertaining to all logical and physical design of | ||||||
3 | computerized systems,
employee manuals, and any other | ||||||
4 | information that, if disclosed, would
jeopardize the | ||||||
5 | security of the system or its data or the security of
| ||||||
6 | materials exempt under this Section.
| ||||||
7 | (p) Records relating to collective negotiating matters
| ||||||
8 | between public bodies and their employees or | ||||||
9 | representatives, except that
any final contract or | ||||||
10 | agreement shall be subject to inspection and copying.
| ||||||
11 | (q) Test questions, scoring keys, and other | ||||||
12 | examination data used to determine the qualifications of an | ||||||
13 | applicant for a license or employment.
| ||||||
14 | (r) The records, documents , and information relating | ||||||
15 | to real estate
purchase negotiations until those | ||||||
16 | negotiations have been completed or
otherwise terminated. | ||||||
17 | With regard to a parcel involved in a pending or
actually | ||||||
18 | and reasonably contemplated eminent domain proceeding | ||||||
19 | under the Eminent Domain Act, records, documents and
| ||||||
20 | information relating to that parcel shall be exempt except | ||||||
21 | as may be
allowed under discovery rules adopted by the | ||||||
22 | Illinois Supreme Court. The
records, documents and | ||||||
23 | information relating to a real estate sale shall be
exempt | ||||||
24 | until a sale is consummated.
| ||||||
25 | (s) Any and all proprietary information and records | ||||||
26 | related to the
operation of an intergovernmental risk |
| |||||||
| |||||||
1 | management association or
self-insurance pool or jointly | ||||||
2 | self-administered health and accident
cooperative or pool.
| ||||||
3 | Insurance or self insurance (including any | ||||||
4 | intergovernmental risk management association or self | ||||||
5 | insurance pool) claims, loss or risk management | ||||||
6 | information, records, data, advice or communications.
| ||||||
7 | (t) Information contained in or related to | ||||||
8 | examination, operating, or
condition reports prepared by, | ||||||
9 | on behalf of, or for the use of a public
body responsible | ||||||
10 | for the regulation or supervision of financial
| ||||||
11 | institutions or insurance companies, unless disclosure is | ||||||
12 | otherwise
required by State law.
| ||||||
13 | (u) Information that would disclose
or might lead to | ||||||
14 | the disclosure of
secret or confidential information, | ||||||
15 | codes, algorithms, programs, or private
keys intended to be | ||||||
16 | used to create electronic or digital signatures under the
| ||||||
17 | Electronic Commerce Security Act.
| ||||||
18 | (v) Vulnerability assessments, security measures, and | ||||||
19 | response policies
or plans that are designed to identify, | ||||||
20 | prevent, or respond to potential
attacks upon a community's | ||||||
21 | population or systems, facilities, or installations,
the | ||||||
22 | destruction or contamination of which would constitute a | ||||||
23 | clear and present
danger to the health or safety of the | ||||||
24 | community, but only to the extent that
disclosure could | ||||||
25 | reasonably be expected to jeopardize the effectiveness of | ||||||
26 | the
measures or the safety of the personnel who implement |
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1 | them or the public.
Information exempt under this item may | ||||||
2 | include such things as details
pertaining to the | ||||||
3 | mobilization or deployment of personnel or equipment, to | ||||||
4 | the
operation of communication systems or protocols, or to | ||||||
5 | tactical operations.
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6 | (w) (Blank). | ||||||
7 | (x) Maps and other records regarding the location or | ||||||
8 | security of generation, transmission, distribution, | ||||||
9 | storage, gathering,
treatment, or switching facilities | ||||||
10 | owned by a utility, by a power generator, or by the | ||||||
11 | Illinois Power Agency.
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12 | (y) Information contained in or related to proposals, | ||||||
13 | bids, or negotiations related to electric power | ||||||
14 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
15 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
16 | is determined to be confidential and proprietary by the | ||||||
17 | Illinois Power Agency or by the Illinois Commerce | ||||||
18 | Commission.
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19 | (z) (tt) Information about students exempted from | ||||||
20 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
21 | School Code, and information about undergraduate students | ||||||
22 | enrolled at an institution of higher education exempted | ||||||
23 | from disclosure under Section 25 of the Illinois Credit | ||||||
24 | Card Marketing Act of 2009. | ||||||
25 | (aa) (tt) Information the disclosure of which is
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26 | exempted under the Viatical Settlements Act of 2009.
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1 | (bb) Records and information provided to a mortality | ||||||
2 | review team and records maintained by a mortality review | ||||||
3 | team appointed under the Department of Juvenile Justice | ||||||
4 | Mortality Review Team Act. | ||||||
5 | (2) A public record that is not in the possession of a | ||||||
6 | public body but is in the possession of a party with whom the | ||||||
7 | agency has contracted to perform a governmental function on | ||||||
8 | behalf of the public body, and that directly relates to the | ||||||
9 | governmental function and is not otherwise exempt under this | ||||||
10 | Act, shall be considered a public record of the public body, | ||||||
11 | for purposes of this Act. | ||||||
12 | (3) This Section does not authorize withholding of | ||||||
13 | information or limit the
availability of records to the public, | ||||||
14 | except as stated in this Section or
otherwise provided in this | ||||||
15 | Act.
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16 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
17 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
18 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
19 | 96-736, eff. 7-1-10; revised 9-25-09.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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