HB3932ham001 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 3/23/2015

09900HB3932ham001 LRB099 11227 SXM 33264 a

AMENDMENT TO HOUSE BILL 3932

AMENDMENT NO. ______. Amend House Bill 3932 by replacing everything after the enacting clause with the following:

"Section 5. The Private College Campus Police Act is amended by adding Section 1.5 as follows:

(110 ILCS 1020/1.5 new)

Sec. 1.5. Records.

(a) Information and records in the custody or possession of a campus police department subject to this Act shall be open to inspection or copying in the same manner as public records under the Freedom of Information Act.

(b) Records subject to inspection and copying under subsection (a) of this Section include, but are not limited to:

(1) warning citations, field interview cards, and field contact reports;

(2) incident reports and case reports;

(3) arrest reports, including any information required to be furnished by local criminal justice agencies under the Freedom of Information Act;

(4) emergency call recordings or transcripts;

(5) department directives; and

(6) crime data and statistics.

The following records are not subject to inspection and copying under subsection (a) of this Section:

(1) employment matters, including grievances and disciplinary matters;

(2) labor contract negotiations;

(3) wage information;

(4) information about insurance;

(5) records relating to all ongoing investigations or security threats the disclosure of which could jeopardize public safety;

(6) records relating to students and related disciplinary proceedings and actions, including, but not limited to, those prohibited by the federal Family Educational Rights and Privacy Act of 1974 and the Illinois Health Insurance Portability and Accountability Act;

(7) records relating to campus building access;

(8) records, tapes, and other digital media from campus security cameras; and

(9) non-criminal campus incident reports.

(c) A person shall request records and a campus police department shall make records available for public inspection in the same manner and according to the same timelines required under the Freedom of Information Act. A campus police department may impose fees in the same manner as public bodies under the Freedom of Information Act. A campus police department is not required to copy a record that is published on the department's website. The campus police department shall notify the requester that the record is available online and direct the requester to the website where the record can be reasonably accessed.

(d) Each campus police department shall designate one or more employees to act as open records officers. Open records officers or their designees shall receive requests submitted to the campus police department, ensure that the campus police department responds to requests in a timely fashion, and issue responses. All open records officers must, within 6 months after the effective date of this amendatory Act of the 99th General Assembly, successfully complete an electronic training curriculum to be developed by the Public Access Counselor established in the Office of the Attorney General and thereafter successfully complete an annual training program. Thereafter, whenever a new open records officer is designated by a campus police department, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position.

(e) Each campus police department that maintains an Internet website shall post on its website a brief description of the methods whereby the public may request information and records, a directory designating the open records officer or officers, the address where requests for records should be directed, and any fees allowable under subsection (c) of this Section. If the campus police department does not maintain a website, such information shall be prominently displayed in its offices and made available for inspection and copying.

(f) When a request is made to inspect or copy a record that contains information that would be exempt from disclosure under the Freedom of Information Act (including, but not limited to, exemptions listed in Sections 2.15 and 7 of the Freedom of Information Act), the campus police department may redact the information subject to the exemptions. A person whose request to inspect or copy a record is denied, in whole or in part, by a campus police department may file a request for review with the Public Access Counselor established in the Office of the Attorney General in the same manner as provided under Section 9.5 of the Freedom of Information Act.

(g) (1) Any person denied access to inspect or copy any record required to be open to inspection or copying under subsection (a) of this Section by a campus police department may file suit for injunctive or declaratory relief in the circuit court for the county where the campus police department is located.

(2) The circuit court shall have the jurisdiction to enjoin the campus police department from withholding applicable records and to order the production of any records improperly withheld from the person seeking access. If the campus police department can show that exceptional circumstances exist and that the department is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the department additional time to complete its review of the records.

(3) If a person seeking the right to inspect or receive a copy of a record prevails in a proceeding under this subsection (g), the court shall award such person reasonable attorney's fees and costs.

(4) If the court determines that a campus police department willfully and intentionally failed to comply with this Section or otherwise acted in bad faith, the court shall also impose upon the campus police department a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the campus police department and whether the department has previously been assessed penalties for violations of this Section.".