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1 | AN ACT concerning local 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 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||
5 | changing Section 7.5 as follows: | |||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | |||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | |||||||||||||||||||||||
9 | from inspection and copying: | |||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | |||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
15 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
16 | until the conclusion of the trial of the case, even if the | ||||||
17 | prosecution chooses not to pursue the death penalty prior | ||||||
18 | to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Regional Transportation Authority under Section 2.11 of | ||||||
26 | the Regional Transportation Authority Act or the St. Clair |
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1 | County Transit District under the Bi-State Transit Safety | ||||||
2 | Act. | ||||||
3 | (q) Information prohibited from being disclosed by the | ||||||
4 | Personnel Record Records Review Act. | ||||||
5 | (r) Information prohibited from being disclosed by the | ||||||
6 | Illinois School Student Records Act. | ||||||
7 | (s) Information the disclosure of which is restricted | ||||||
8 | under Section 5-108 of the Public Utilities Act.
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9 | (t) All identified or deidentified health information | ||||||
10 | in the form of health data or medical records contained in, | ||||||
11 | stored in, submitted to, transferred by, or released from | ||||||
12 | the Illinois Health Information Exchange, and identified | ||||||
13 | or deidentified health information in the form of health | ||||||
14 | data and medical records of the Illinois Health Information | ||||||
15 | Exchange in the possession of the Illinois Health | ||||||
16 | Information Exchange Authority due to its administration | ||||||
17 | of the Illinois Health Information Exchange. The terms | ||||||
18 | "identified" and "deidentified" shall be given the same | ||||||
19 | meaning as in the Health Insurance Portability and | ||||||
20 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
21 | subsequent amendments thereto, and any regulations | ||||||
22 | promulgated thereunder. | ||||||
23 | (u) Records and information provided to an independent | ||||||
24 | team of experts under the Developmental Disability and | ||||||
25 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (ff) Information that is exempted from disclosure | ||||||
15 | under the Revised Uniform Unclaimed Property Act. | ||||||
16 | (gg) Information that is prohibited from being | ||||||
17 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
18 | Code. | ||||||
19 | (hh) Records that are exempt from disclosure under | ||||||
20 | Section 1A-16.7 of the Election Code. | ||||||
21 | (ii) Information which is exempted from disclosure | ||||||
22 | under Section 2505-800 of the Department of Revenue Law of | ||||||
23 | the Civil Administrative Code of Illinois. | ||||||
24 | (jj) Information and reports that are required to be | ||||||
25 | submitted to the Department of Labor by registering day and | ||||||
26 | temporary labor service agencies but are exempt from |
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1 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
2 | and Temporary Labor Services Act. | ||||||
3 | (kk) Information prohibited from disclosure under the | ||||||
4 | Seizure and Forfeiture Reporting Act. | ||||||
5 | (ll) Information the disclosure of which is restricted | ||||||
6 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
7 | Aid Code. | ||||||
8 | (mm) (ll) Records that are exempt from disclosure under | ||||||
9 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
10 | (nn) (ll) Information that is exempt from disclosure | ||||||
11 | under Section 70 of the Higher Education Student Assistance | ||||||
12 | Act. | ||||||
13 | (oo) Recordings made under the Children's Advocacy | ||||||
14 | Center Act, except to the extent authorized under that Act. | ||||||
15 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
16 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
17 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
18 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
19 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
20 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
21 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
22 | 10-12-18.) | ||||||
23 | Section 10. The Children's Advocacy Center Act is amended | ||||||
24 | by changing Section 2.5 and by adding Section 4.5 as follows: |
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1 | (55 ILCS 80/2.5) | ||||||
2 | Sec. 2.5. Definitions. As used in this Section: | ||||||
3 | "Accreditation" means the process in which certification | ||||||
4 | of competency, authority, or credibility is presented by | ||||||
5 | standards set by the National Children's Alliance to ensure | ||||||
6 | effective, efficient and consistent delivery of services by a | ||||||
7 | CAC. | ||||||
8 | "Child maltreatment" includes any act or occurrence, as | ||||||
9 | defined in Section 5 of the Criminal Code of 2012, under the | ||||||
10 | Children and Family Services Act or the Juvenile Court Act of | ||||||
11 | 1987 involving either a child victim or child witness. | ||||||
12 | "Children's Advocacy Center" or "CAC" is a child-focused, | ||||||
13 | trauma-informed, facility-based program in which | ||||||
14 | representatives from law enforcement, child protection, | ||||||
15 | prosecution, mental health, forensic interviewing, medical, | ||||||
16 | and victim advocacy disciplines collaborate to interview | ||||||
17 | children, meet with a child's parent or parents, caregivers, | ||||||
18 | and family members, and make team decisions about the | ||||||
19 | investigation, prosecution, safety, treatment, and support | ||||||
20 | services for child maltreatment cases. | ||||||
21 | "Children's Advocacy Centers of Illinois" or "CACI" is a | ||||||
22 | state chapter of the National Children's Alliance ("NCA") and | ||||||
23 | organizing entity for Children's Advocacy Centers in the State | ||||||
24 | of Illinois. It defines membership and engages member CACs in | ||||||
25 | the NCA accreditation process and collecting and sharing of | ||||||
26 | data, and provides training, leadership, and technical |
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1 | assistance to existing and emerging CACs in the State. | ||||||
2 | "Electronic recording" includes a motion picture, | ||||||
3 | audiotape, videotape, or digital recording. | ||||||
4 | "Forensic interview" means an interview between a trained | ||||||
5 | forensic interviewer, as defined by NCA standards, and a child | ||||||
6 | in which the interviewer obtains information from children in | ||||||
7 | an unbiased and fact finding manner that is developmentally | ||||||
8 | appropriate and culturally sensitive to support accurate and | ||||||
9 | fair decision making by the multidisciplinary team in the | ||||||
10 | criminal justice and child protection systems. Whenever | ||||||
11 | practical, all parties involved in investigating reports of | ||||||
12 | child maltreatment shall observe the interview, which shall be | ||||||
13 | electronically digitally recorded. | ||||||
14 | "Multidisciplinary team" or "MDT" means a group of | ||||||
15 | professionals working collaboratively under a written | ||||||
16 | protocol, who represent various disciplines from the point of a | ||||||
17 | report of child maltreatment to assure the most effective | ||||||
18 | coordinated response possible for every child. Employees from | ||||||
19 | each participating entity shall be included on the MDT. A CAC's | ||||||
20 | MDT must include professionals involved in the coordination, | ||||||
21 | investigation, and prosecution of child abuse cases, including | ||||||
22 | the CAC's staff, participating law enforcement agencies, the | ||||||
23 | county state's attorney, and the Illinois Department of | ||||||
24 | Children and Family Services, and must include professionals | ||||||
25 | involved in the delivery of services to victims of child | ||||||
26 | maltreatment and non-offending parent or parents, caregiver, |
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1 | and their families. | ||||||
2 | "National Children's Alliance" or "NCA" means the | ||||||
3 | professional membership organization dedicated to helping | ||||||
4 | local communities respond to allegations of child abuse in an | ||||||
5 | effective and efficient manner. NCA provides training, | ||||||
6 | support, technical assistance and leadership on a national | ||||||
7 | level to state and local CACs and communities responding to | ||||||
8 | reports of child maltreatment. NCA is the national organization | ||||||
9 | that provides the standards for CAC accreditation. | ||||||
10 | "Protocol" means a written methodology defining the | ||||||
11 | responsibilities of each of the MDT members in the | ||||||
12 | investigation and prosecution of child maltreatment within a | ||||||
13 | defined jurisdiction. Written protocols are signed documents | ||||||
14 | and are reviewed and/or updated annually, at a minimum, by a | ||||||
15 | CAC's Advisory Board.
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16 | (Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.) | ||||||
17 | (55 ILCS 80/4.5 new) | ||||||
18 | Sec. 4.5. Forensic interviews; electronic recordings. | ||||||
19 | (a) Consent is not required for a forensic interview to be | ||||||
20 | electronically recorded. Failure to record does not render a | ||||||
21 | forensic interview inadmissible. | ||||||
22 | (b) A forensic interview, an electronic recording, or a | ||||||
23 | transcription of a forensic interview or electronic recording | ||||||
24 | is confidential and exempt from public inspection and copying | ||||||
25 | under Section 7.5 of the Freedom of Information Act and may |
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1 | only be viewed by a court, attorneys, investigators, or experts | ||||||
2 | for the purpose of judicial and administrative hearings and | ||||||
3 | shall not be disseminated except pursuant to a court's | ||||||
4 | protective order. | ||||||
5 | (c) Nothing in this Act shall be construed to limit or | ||||||
6 | prohibit electronically recorded forensic interviewing in | ||||||
7 | accordance with Article 14 of the Criminal Code of 2012 or | ||||||
8 | Article 108A or Article 108B of the Code of Criminal Procedure | ||||||
9 | of 1963.
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10 | Section 99. Effective date. This Act takes effect January | ||||||
11 | 1, 2020.
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