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1 | AN ACT concerning transportation.
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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 as follows:
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6 | (5 ILCS 140/7)
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7 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
8 | Sec. 7. Exemptions.
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9 | (1) When a request is made to inspect or copy a public | ||||||
10 | record that contains information that is exempt from | ||||||
11 | disclosure under this Section, but also contains information | ||||||
12 | that is not exempt from disclosure, the public body may elect | ||||||
13 | to redact the information that is exempt. The public body | ||||||
14 | shall make the remaining information available for inspection | ||||||
15 | and copying. Subject to this requirement, the following shall | ||||||
16 | be exempt from inspection and copying:
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17 | (a) Information specifically prohibited from | ||||||
18 | disclosure by federal or
State law or rules and | ||||||
19 | regulations implementing federal or State law.
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20 | (b) Private information, unless disclosure is required | ||||||
21 | by another provision of this Act, a State or federal law, | ||||||
22 | or a court order. | ||||||
23 | (b-5) Files, documents, and other data or databases |
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1 | maintained by one or more law enforcement agencies and | ||||||
2 | specifically designed to provide information to one or | ||||||
3 | more law enforcement agencies regarding the physical or | ||||||
4 | mental status of one or more individual subjects. | ||||||
5 | (c) Personal information contained within public | ||||||
6 | records, the disclosure of which would constitute a | ||||||
7 | clearly
unwarranted invasion of personal privacy, unless | ||||||
8 | the disclosure is
consented to in writing by the | ||||||
9 | individual subjects of the information. "Unwarranted | ||||||
10 | invasion of personal privacy" means the disclosure of | ||||||
11 | information that is highly personal or objectionable to a | ||||||
12 | reasonable person and in which the subject's right to | ||||||
13 | privacy outweighs any legitimate public interest in | ||||||
14 | obtaining the information. The
disclosure of information | ||||||
15 | that bears on the public duties of public
employees and | ||||||
16 | officials shall not be considered an invasion of personal
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17 | privacy.
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18 | (d) Records in the possession of any public body | ||||||
19 | created in the course of administrative enforcement
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20 | proceedings, and any law enforcement or correctional | ||||||
21 | agency for
law enforcement purposes,
but only to the | ||||||
22 | extent that disclosure would:
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23 | (i) interfere with pending or actually and | ||||||
24 | reasonably contemplated
law enforcement proceedings | ||||||
25 | conducted by any law enforcement or correctional
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26 | agency that is the recipient of the request;
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1 | (ii) interfere with active administrative | ||||||
2 | enforcement proceedings
conducted by the public body | ||||||
3 | that is the recipient of the request;
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4 | (iii) create a substantial likelihood that a | ||||||
5 | person will be deprived of a fair trial or an impartial | ||||||
6 | hearing;
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7 | (iv) unavoidably disclose the identity of a | ||||||
8 | confidential source, confidential information | ||||||
9 | furnished only by the confidential source, or persons | ||||||
10 | who file complaints with or provide information to | ||||||
11 | administrative, investigative, law enforcement, or | ||||||
12 | penal agencies; except that the identities of | ||||||
13 | witnesses to traffic accidents, traffic accident | ||||||
14 | reports, and rescue reports shall be provided by | ||||||
15 | agencies of local government, except when disclosure | ||||||
16 | would interfere with an active criminal investigation | ||||||
17 | conducted by the agency that is the recipient of the | ||||||
18 | request;
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19 | (v) disclose unique or specialized investigative | ||||||
20 | techniques other than
those generally used and known | ||||||
21 | or disclose internal documents of
correctional | ||||||
22 | agencies related to detection, observation , or | ||||||
23 | investigation of
incidents of crime or misconduct, and | ||||||
24 | disclosure would result in demonstrable harm to the | ||||||
25 | agency or public body that is the recipient of the | ||||||
26 | request;
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1 | (vi) endanger the life or physical safety of law | ||||||
2 | enforcement personnel
or any other person; or
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3 | (vii) obstruct an ongoing criminal investigation | ||||||
4 | by the agency that is the recipient of the request.
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5 | (d-5) A law enforcement record created for law | ||||||
6 | enforcement purposes and contained in a shared electronic | ||||||
7 | record management system if the law enforcement agency | ||||||
8 | that is the recipient of the request did not create the | ||||||
9 | record, did not participate in or have a role in any of the | ||||||
10 | events which are the subject of the record, and only has | ||||||
11 | access to the record through the shared electronic record | ||||||
12 | management system. | ||||||
13 | (d-6) Records contained in the Officer Professional | ||||||
14 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
15 | Training Act, except to the extent authorized under that | ||||||
16 | Section. This includes the documents supplied to the | ||||||
17 | Illinois Law Enforcement Training Standards Board from the | ||||||
18 | Illinois State Police and Illinois State Police Merit | ||||||
19 | Board. | ||||||
20 | (e) Records that relate to or affect the security of | ||||||
21 | correctional
institutions and detention facilities.
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22 | (e-5) Records requested by persons committed to the | ||||||
23 | Department of Corrections, Department of Human Services | ||||||
24 | Division of Mental Health, or a county jail if those | ||||||
25 | materials are available in the library of the correctional | ||||||
26 | institution or facility or jail where the inmate is |
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1 | confined. | ||||||
2 | (e-6) Records requested by persons committed to the | ||||||
3 | Department of Corrections, Department of Human Services | ||||||
4 | Division of Mental Health, or a county jail if those | ||||||
5 | materials include records from staff members' personnel | ||||||
6 | files, staff rosters, or other staffing assignment | ||||||
7 | information. | ||||||
8 | (e-7) Records requested by persons committed to the | ||||||
9 | Department of Corrections or Department of Human Services | ||||||
10 | Division of Mental Health if those materials are available | ||||||
11 | through an administrative request to the Department of | ||||||
12 | Corrections or Department of Human Services Division of | ||||||
13 | Mental Health. | ||||||
14 | (e-8) Records requested by a person committed to the | ||||||
15 | Department of Corrections, Department of Human Services | ||||||
16 | Division of Mental Health, or a county jail, the | ||||||
17 | disclosure of which would result in the risk of harm to any | ||||||
18 | person or the risk of an escape from a jail or correctional | ||||||
19 | institution or facility. | ||||||
20 | (e-9) Records requested by a person in a county jail | ||||||
21 | or committed to the Department of Corrections or | ||||||
22 | Department of Human Services Division of Mental Health, | ||||||
23 | containing personal information pertaining to the person's | ||||||
24 | victim or the victim's family, including, but not limited | ||||||
25 | to, a victim's home address, home telephone number, work | ||||||
26 | or school address, work telephone number, social security |
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1 | number, or any other identifying information, except as | ||||||
2 | may be relevant to a requester's current or potential case | ||||||
3 | or claim. | ||||||
4 | (e-10) Law enforcement records of other persons | ||||||
5 | requested by a person committed to the Department of | ||||||
6 | Corrections, Department of Human Services Division of | ||||||
7 | Mental Health, or a county jail, including, but not | ||||||
8 | limited to, arrest and booking records, mug shots, and | ||||||
9 | crime scene photographs, except as these records may be | ||||||
10 | relevant to the requester's current or potential case or | ||||||
11 | claim. | ||||||
12 | (f) Preliminary drafts, notes, recommendations, | ||||||
13 | memoranda, and other
records in which opinions are | ||||||
14 | expressed, or policies or actions are
formulated, except | ||||||
15 | that a specific record or relevant portion of a
record | ||||||
16 | shall not be exempt when the record is publicly cited
and | ||||||
17 | identified by the head of the public body. The exemption | ||||||
18 | provided in
this paragraph (f) extends to all those | ||||||
19 | records of officers and agencies
of the General Assembly | ||||||
20 | that pertain to the preparation of legislative
documents.
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21 | (g) Trade secrets and commercial or financial | ||||||
22 | information obtained from
a person or business where the | ||||||
23 | trade secrets or commercial or financial information are | ||||||
24 | furnished under a claim that they are
proprietary, | ||||||
25 | privileged, or confidential, and that disclosure of the | ||||||
26 | trade
secrets or commercial or financial information would |
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1 | cause competitive harm to the person or business, and only | ||||||
2 | insofar as the claim directly applies to the records | ||||||
3 | requested. | ||||||
4 | The information included under this exemption includes | ||||||
5 | all trade secrets and commercial or financial information | ||||||
6 | obtained by a public body, including a public pension | ||||||
7 | fund, from a private equity fund or a privately held | ||||||
8 | company within the investment portfolio of a private | ||||||
9 | equity fund as a result of either investing or evaluating | ||||||
10 | a potential investment of public funds in a private equity | ||||||
11 | fund. The exemption contained in this item does not apply | ||||||
12 | to the aggregate financial performance information of a | ||||||
13 | private equity fund, nor to the identity of the fund's | ||||||
14 | managers or general partners. The exemption contained in | ||||||
15 | this item does not apply to the identity of a privately | ||||||
16 | held company within the investment portfolio of a private | ||||||
17 | equity fund, unless the disclosure of the identity of a | ||||||
18 | privately held company may cause competitive harm. | ||||||
19 | Nothing contained in this
paragraph (g) shall be | ||||||
20 | construed to prevent a person or business from
consenting | ||||||
21 | to disclosure.
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22 | (h) Proposals and bids for any contract, grant, or | ||||||
23 | agreement, including
information which if it were | ||||||
24 | disclosed would frustrate procurement or give
an advantage | ||||||
25 | to any person proposing to enter into a contractor | ||||||
26 | agreement
with the body, until an award or final selection |
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1 | is made. Information
prepared by or for the body in | ||||||
2 | preparation of a bid solicitation shall be
exempt until an | ||||||
3 | award or final selection is made.
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4 | (i) Valuable formulae,
computer geographic systems,
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5 | designs, drawings , and research data obtained or
produced | ||||||
6 | by any public body when disclosure could reasonably be | ||||||
7 | expected to
produce private gain or public loss.
The | ||||||
8 | exemption for "computer geographic systems" provided in | ||||||
9 | this paragraph
(i) does not extend to requests made by | ||||||
10 | news media as defined in Section 2 of
this Act when the | ||||||
11 | requested information is not otherwise exempt and the only
| ||||||
12 | purpose of the request is to access and disseminate | ||||||
13 | information regarding the
health, safety, welfare, or | ||||||
14 | legal rights of the general public.
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15 | (j) The following information pertaining to | ||||||
16 | educational matters: | ||||||
17 | (i) test questions, scoring keys, and other | ||||||
18 | examination data used to
administer an academic | ||||||
19 | examination;
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20 | (ii) information received by a primary or | ||||||
21 | secondary school, college, or university under its | ||||||
22 | procedures for the evaluation of faculty members by | ||||||
23 | their academic peers; | ||||||
24 | (iii) information concerning a school or | ||||||
25 | university's adjudication of student disciplinary | ||||||
26 | cases, but only to the extent that disclosure would |
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1 | unavoidably reveal the identity of the student; and | ||||||
2 | (iv) course materials or research materials used | ||||||
3 | by faculty members. | ||||||
4 | (k) Architects' plans, engineers' technical | ||||||
5 | submissions, and
other
construction related technical | ||||||
6 | documents for
projects not constructed or developed in | ||||||
7 | whole or in part with public funds
and the same for | ||||||
8 | projects constructed or developed with public funds, | ||||||
9 | including, but not limited to, power generating and | ||||||
10 | distribution stations and other transmission and | ||||||
11 | distribution facilities, water treatment facilities, | ||||||
12 | airport facilities, sport stadiums, convention centers, | ||||||
13 | and all government owned, operated, or occupied buildings, | ||||||
14 | but
only to the extent
that disclosure would compromise | ||||||
15 | security.
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16 | (l) Minutes of meetings of public bodies closed to the
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17 | public as provided in the Open Meetings Act until the | ||||||
18 | public body
makes the minutes available to the public | ||||||
19 | under Section 2.06 of the Open
Meetings Act.
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20 | (m) Communications between a public body and an | ||||||
21 | attorney or auditor
representing the public body that | ||||||
22 | would not be subject to discovery in
litigation, and | ||||||
23 | materials prepared or compiled by or for a public body in
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24 | anticipation of a criminal, civil, or administrative | ||||||
25 | proceeding upon the
request of an attorney advising the | ||||||
26 | public body, and materials prepared or
compiled with |
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1 | respect to internal audits of public bodies.
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2 | (n) Records relating to a public body's adjudication | ||||||
3 | of employee grievances or disciplinary cases; however, | ||||||
4 | this exemption shall not extend to the final outcome of | ||||||
5 | cases in which discipline is imposed.
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6 | (o) Administrative or technical information associated | ||||||
7 | with automated
data processing operations, including, but | ||||||
8 | not limited to, software,
operating protocols, computer | ||||||
9 | program abstracts, file layouts, source
listings, object | ||||||
10 | modules, load modules, user guides, documentation
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11 | pertaining to all logical and physical design of | ||||||
12 | computerized systems,
employee manuals, and any other | ||||||
13 | information that, if disclosed, would
jeopardize the | ||||||
14 | security of the system or its data or the security of
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15 | materials exempt under this Section.
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16 | (p) Records relating to collective negotiating matters
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17 | between public bodies and their employees or | ||||||
18 | representatives, except that
any final contract or | ||||||
19 | agreement shall be subject to inspection and copying.
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20 | (q) Test questions, scoring keys, and other | ||||||
21 | examination data used to determine the qualifications of | ||||||
22 | an applicant for a license or employment.
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23 | (r) The records, documents, and information relating | ||||||
24 | to real estate
purchase negotiations until those | ||||||
25 | negotiations have been completed or
otherwise terminated. | ||||||
26 | With regard to a parcel involved in a pending or
actually |
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1 | and reasonably contemplated eminent domain proceeding | ||||||
2 | under the Eminent Domain Act, records, documents, and
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3 | information relating to that parcel shall be exempt except | ||||||
4 | as may be
allowed under discovery rules adopted by the | ||||||
5 | Illinois Supreme Court. The
records, documents, and | ||||||
6 | information relating to a real estate sale shall be
exempt | ||||||
7 | until a sale is consummated.
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8 | (s) Any and all proprietary information and records | ||||||
9 | related to the
operation of an intergovernmental risk | ||||||
10 | management association or
self-insurance pool or jointly | ||||||
11 | self-administered health and accident
cooperative or pool.
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12 | Insurance or self-insurance self insurance (including any | ||||||
13 | intergovernmental risk management association or | ||||||
14 | self-insurance self insurance pool) claims, loss or risk | ||||||
15 | management information, records, data, advice , or | ||||||
16 | communications.
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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
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21 | institutions, insurance companies, or pharmacy benefit | ||||||
22 | managers, unless disclosure is otherwise
required by State | ||||||
23 | law.
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24 | (u) Information that would disclose
or might lead to | ||||||
25 | the disclosure of
secret or confidential information, | ||||||
26 | codes, algorithms, programs, or private
keys intended to |
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1 | be used to create electronic signatures under the Uniform | ||||||
2 | Electronic Transactions Act.
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3 | (v) Vulnerability assessments, security measures, and | ||||||
4 | response policies
or plans that are designed to identify, | ||||||
5 | prevent, or respond to potential
attacks upon a | ||||||
6 | community's population or systems, facilities, or | ||||||
7 | installations, but only to the extent that
disclosure | ||||||
8 | could reasonably be expected to expose the vulnerability | ||||||
9 | or jeopardize the effectiveness of the
measures, policies, | ||||||
10 | or plans, 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, to | ||||||
15 | cybersecurity vulnerabilities, or to tactical operations.
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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.
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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 | ||||||
25 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
26 | Act that is determined to be confidential and proprietary |
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1 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
2 | Commission.
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3 | (z) Information about students exempted from | ||||||
4 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
5 | the School Code, and information about undergraduate | ||||||
6 | students enrolled at an institution of higher education | ||||||
7 | exempted from disclosure under Section 25 of the Illinois | ||||||
8 | Credit Card Marketing Act of 2009. | ||||||
9 | (aa) Information the disclosure of which is
exempted | ||||||
10 | under the Viatical Settlements Act of 2009.
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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 Illinois Public Aid | ||||||
21 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
22 | the Illinois Public 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 | ||||||
11 | 2012. | ||||||
12 | (hh) The report submitted to the State Board of | ||||||
13 | Education by the School Security and Standards Task Force | ||||||
14 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
15 | School Code and any information contained in that report. | ||||||
16 | (ii) Records requested by persons committed to or | ||||||
17 | detained by the Department of Human Services under the | ||||||
18 | Sexually Violent Persons Commitment Act or committed to | ||||||
19 | the Department of Corrections under the Sexually Dangerous | ||||||
20 | Persons Act if those materials: (i) are available in the | ||||||
21 | library of the facility where the individual is confined; | ||||||
22 | (ii) include records from staff members' personnel files, | ||||||
23 | staff rosters, or other staffing assignment information; | ||||||
24 | or (iii) are available through an administrative request | ||||||
25 | to the Department of Human Services or the Department of | ||||||
26 | Corrections. |
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1 | (jj) Confidential information described in Section | ||||||
2 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
3 | (kk) The public body's credit card numbers, debit card | ||||||
4 | numbers, bank account numbers, Federal Employer | ||||||
5 | Identification Number, security code numbers, passwords, | ||||||
6 | and similar account information, the disclosure of which | ||||||
7 | could result in identity theft or impression or defrauding | ||||||
8 | of a governmental entity or a person. | ||||||
9 | (ll) Records concerning the work of the threat | ||||||
10 | assessment team of a school district, including, but not | ||||||
11 | limited to, any threat assessment procedure under the | ||||||
12 | School Safety Drill Act and any information contained in | ||||||
13 | the procedure. | ||||||
14 | (mm) Information prohibited from being disclosed under | ||||||
15 | subsections (a) and (b) of Section 15 of the Student | ||||||
16 | Confidential Reporting Act. | ||||||
17 | (nn) (mm) Proprietary information submitted to the
| ||||||
18 | Environmental Protection Agency under the Drug Take-Back
| ||||||
19 | Act. | ||||||
20 | (oo) (mm) Records described in subsection (f) of | ||||||
21 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
22 | (1.5) Any information exempt from disclosure under the | ||||||
23 | Judicial Privacy Act shall be redacted from public records | ||||||
24 | prior to disclosure under this Act. | ||||||
25 | (2) A public record that is not in the possession of a | ||||||
26 | public body but is in the possession of a party with whom the |
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| |||||||
1 | agency has contracted to perform a governmental function on | ||||||
2 | behalf of the public body, and that directly relates to the | ||||||
3 | governmental function and is not otherwise exempt under this | ||||||
4 | Act, shall be considered a public record of the public body, | ||||||
5 | for purposes of this Act. | ||||||
6 | (3) This Section does not authorize withholding of | ||||||
7 | information or limit the
availability of records to the | ||||||
8 | public, except as stated in this Section or
otherwise provided | ||||||
9 | in this Act.
| ||||||
10 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
11 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
12 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
13 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
14 | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||||||
15 | 12-13-22.) | ||||||
16 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
17 | Sec. 7. Exemptions.
| ||||||
18 | (1) When a request is made to inspect or copy a public | ||||||
19 | record that contains information that is exempt from | ||||||
20 | disclosure under this Section, but also contains information | ||||||
21 | that is not exempt from disclosure, the public body may elect | ||||||
22 | to redact the information that is exempt. The public body | ||||||
23 | shall make the remaining information available for inspection | ||||||
24 | and copying. Subject to this requirement, the following shall | ||||||
25 | be exempt from inspection and copying:
|
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| |||||||
1 | (a) Information specifically prohibited from | ||||||
2 | disclosure by federal or
State law or rules and | ||||||
3 | regulations implementing federal or State law.
| ||||||
4 | (b) Private information, unless disclosure is required | ||||||
5 | by another provision of this Act, a State or federal law, | ||||||
6 | or a court order. | ||||||
7 | (b-5) Files, documents, and other data or databases | ||||||
8 | maintained by one or more law enforcement agencies and | ||||||
9 | specifically designed to provide information to one or | ||||||
10 | more law enforcement agencies regarding the physical or | ||||||
11 | mental status of one or more individual subjects. | ||||||
12 | (c) Personal information contained within public | ||||||
13 | records, the disclosure of which would constitute a | ||||||
14 | clearly
unwarranted invasion of personal privacy, unless | ||||||
15 | the disclosure is
consented to in writing by the | ||||||
16 | individual subjects of the information. "Unwarranted | ||||||
17 | invasion of personal privacy" means the disclosure of | ||||||
18 | information that is highly personal or objectionable to a | ||||||
19 | reasonable person and in which the subject's right to | ||||||
20 | privacy outweighs any legitimate public interest in | ||||||
21 | obtaining the information. The
disclosure of information | ||||||
22 | that bears on the public duties of public
employees and | ||||||
23 | officials shall not be considered an invasion of personal
| ||||||
24 | privacy.
| ||||||
25 | (d) Records in the possession of any public body | ||||||
26 | created in the course of administrative enforcement
|
| |||||||
| |||||||
1 | proceedings, and any law enforcement or correctional | ||||||
2 | agency for
law enforcement purposes,
but only to the | ||||||
3 | extent that disclosure would:
| ||||||
4 | (i) interfere with pending or actually and | ||||||
5 | reasonably contemplated
law enforcement proceedings | ||||||
6 | conducted by any law enforcement or correctional
| ||||||
7 | agency that is the recipient of the request;
| ||||||
8 | (ii) interfere with active administrative | ||||||
9 | enforcement proceedings
conducted by the public body | ||||||
10 | that is the recipient of the request;
| ||||||
11 | (iii) create a substantial likelihood that a | ||||||
12 | person will be deprived of a fair trial or an impartial | ||||||
13 | hearing;
| ||||||
14 | (iv) unavoidably disclose the identity of a | ||||||
15 | confidential source, confidential information | ||||||
16 | furnished only by the confidential source, or persons | ||||||
17 | who file complaints with or provide information to | ||||||
18 | administrative, investigative, law enforcement, or | ||||||
19 | penal agencies; except that the identities of | ||||||
20 | witnesses to traffic crashes, traffic crash reports, | ||||||
21 | and rescue reports shall be provided by agencies of | ||||||
22 | local government, except when disclosure would | ||||||
23 | interfere with an active criminal investigation | ||||||
24 | conducted by the agency that is the recipient of the | ||||||
25 | request;
| ||||||
26 | (v) disclose unique or specialized investigative |
| |||||||
| |||||||
1 | techniques other than
those generally used and known | ||||||
2 | or disclose internal documents of
correctional | ||||||
3 | agencies related to detection, observation , or | ||||||
4 | investigation of
incidents of crime or misconduct, and | ||||||
5 | disclosure would result in demonstrable harm to the | ||||||
6 | agency or public body that is the recipient of the | ||||||
7 | request;
| ||||||
8 | (vi) endanger the life or physical safety of law | ||||||
9 | enforcement personnel
or any other person; or
| ||||||
10 | (vii) obstruct an ongoing criminal investigation | ||||||
11 | by the agency that is the recipient of the request.
| ||||||
12 | (d-5) A law enforcement record created for law | ||||||
13 | enforcement purposes and contained in a shared electronic | ||||||
14 | record management system if the law enforcement agency | ||||||
15 | that is the recipient of the request did not create the | ||||||
16 | record, did not participate in or have a role in any of the | ||||||
17 | events which are the subject of the record, and only has | ||||||
18 | access to the record through the shared electronic record | ||||||
19 | management system. | ||||||
20 | (d-6) Records contained in the Officer Professional | ||||||
21 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
22 | Training Act, except to the extent authorized under that | ||||||
23 | Section. This includes the documents supplied to the | ||||||
24 | Illinois Law Enforcement Training Standards Board from the | ||||||
25 | Illinois State Police and Illinois State Police Merit | ||||||
26 | Board. |
| |||||||
| |||||||
1 | (d-7) Information gathered or records created from the | ||||||
2 | use of automatic license plate readers in connection with | ||||||
3 | Section 2-130 of the Illinois Vehicle Code. | ||||||
4 | (e) Records that relate to or affect the security of | ||||||
5 | correctional
institutions and detention facilities.
| ||||||
6 | (e-5) Records requested by persons committed to the | ||||||
7 | Department of Corrections, Department of Human Services | ||||||
8 | Division of Mental Health, or a county jail if those | ||||||
9 | materials are available in the library of the correctional | ||||||
10 | institution or facility or jail where the inmate is | ||||||
11 | confined. | ||||||
12 | (e-6) Records requested by persons committed to the | ||||||
13 | Department of Corrections, Department of Human Services | ||||||
14 | Division of Mental Health, or a county jail if those | ||||||
15 | materials include records from staff members' personnel | ||||||
16 | files, staff rosters, or other staffing assignment | ||||||
17 | information. | ||||||
18 | (e-7) Records requested by persons committed to the | ||||||
19 | Department of Corrections or Department of Human Services | ||||||
20 | Division of Mental Health if those materials are available | ||||||
21 | through an administrative request to the Department of | ||||||
22 | Corrections or Department of Human Services Division of | ||||||
23 | Mental Health. | ||||||
24 | (e-8) Records requested by a person committed to the | ||||||
25 | Department of Corrections, Department of Human Services | ||||||
26 | Division of Mental Health, or a county jail, the |
| |||||||
| |||||||
1 | disclosure of which would result in the risk of harm to any | ||||||
2 | person or the risk of an escape from a jail or correctional | ||||||
3 | institution or facility. | ||||||
4 | (e-9) Records requested by a person in a county jail | ||||||
5 | or committed to the Department of Corrections or | ||||||
6 | Department of Human Services Division of Mental Health, | ||||||
7 | containing personal information pertaining to the person's | ||||||
8 | victim or the victim's family, including, but not limited | ||||||
9 | to, a victim's home address, home telephone number, work | ||||||
10 | or school address, work telephone number, social security | ||||||
11 | number, or any other identifying information, except as | ||||||
12 | may be relevant to a requester's current or potential case | ||||||
13 | or claim. | ||||||
14 | (e-10) Law enforcement records of other persons | ||||||
15 | requested by a person committed to the Department of | ||||||
16 | Corrections, Department of Human Services Division of | ||||||
17 | Mental Health, or a county jail, including, but not | ||||||
18 | limited to, arrest and booking records, mug shots, and | ||||||
19 | crime scene photographs, except as these records may be | ||||||
20 | relevant to the requester's current or potential case or | ||||||
21 | claim. | ||||||
22 | (f) Preliminary drafts, notes, recommendations, | ||||||
23 | memoranda, and other
records in which opinions are | ||||||
24 | expressed, or policies or actions are
formulated, except | ||||||
25 | that a specific record or relevant portion of a
record | ||||||
26 | shall not be exempt when the record is publicly cited
and |
| |||||||
| |||||||
1 | identified by the head of the public body. The exemption | ||||||
2 | provided in
this paragraph (f) extends to all those | ||||||
3 | records of officers and agencies
of the General Assembly | ||||||
4 | that pertain to the preparation of legislative
documents.
| ||||||
5 | (g) Trade secrets and commercial or financial | ||||||
6 | information obtained from
a person or business where the | ||||||
7 | trade secrets or commercial or financial information are | ||||||
8 | furnished under a claim that they are
proprietary, | ||||||
9 | privileged, or confidential, and that disclosure of the | ||||||
10 | trade
secrets or commercial or financial information would | ||||||
11 | cause competitive harm to the person or business, and only | ||||||
12 | insofar as the claim directly applies to the records | ||||||
13 | requested. | ||||||
14 | The information included under this exemption includes | ||||||
15 | all trade secrets and commercial or financial information | ||||||
16 | obtained by a public body, including a public pension | ||||||
17 | fund, from a private equity fund or a privately held | ||||||
18 | company within the investment portfolio of a private | ||||||
19 | equity fund as a result of either investing or evaluating | ||||||
20 | a potential investment of public funds in a private equity | ||||||
21 | fund. The exemption contained in this item does not apply | ||||||
22 | to the aggregate financial performance information of a | ||||||
23 | private equity fund, nor to the identity of the fund's | ||||||
24 | managers or general partners. The exemption contained in | ||||||
25 | this item does not apply to the identity of a privately | ||||||
26 | held company within the investment portfolio of a private |
| |||||||
| |||||||
1 | equity fund, unless the disclosure of the identity of a | ||||||
2 | privately held company may cause competitive harm. | ||||||
3 | Nothing contained in this
paragraph (g) shall be | ||||||
4 | construed to prevent a person or business from
consenting | ||||||
5 | to disclosure.
| ||||||
6 | (h) Proposals and bids for any contract, grant, or | ||||||
7 | agreement, including
information which if it were | ||||||
8 | disclosed would frustrate procurement or give
an advantage | ||||||
9 | to any person proposing to enter into a contractor | ||||||
10 | agreement
with the body, until an award or final selection | ||||||
11 | is made. Information
prepared by or for the body in | ||||||
12 | preparation of a bid solicitation shall be
exempt until an | ||||||
13 | award or final selection is made.
| ||||||
14 | (i) Valuable formulae,
computer geographic systems,
| ||||||
15 | designs, drawings , and research data obtained or
produced | ||||||
16 | by any public body when disclosure could reasonably be | ||||||
17 | expected to
produce private gain or public loss.
The | ||||||
18 | exemption for "computer geographic systems" provided in | ||||||
19 | this paragraph
(i) does not extend to requests made by | ||||||
20 | news media as defined in Section 2 of
this Act when the | ||||||
21 | requested information is not otherwise exempt and the only
| ||||||
22 | purpose of the request is to access and disseminate | ||||||
23 | information regarding the
health, safety, welfare, or | ||||||
24 | legal rights of the general public.
| ||||||
25 | (j) The following information pertaining to | ||||||
26 | educational matters: |
| |||||||
| |||||||
1 | (i) test questions, scoring keys, and other | ||||||
2 | examination data used to
administer an academic | ||||||
3 | examination;
| ||||||
4 | (ii) information received by a primary or | ||||||
5 | secondary school, college, or university under its | ||||||
6 | procedures for the evaluation of faculty members by | ||||||
7 | their academic peers; | ||||||
8 | (iii) information concerning a school or | ||||||
9 | university's adjudication of student disciplinary | ||||||
10 | cases, but only to the extent that disclosure would | ||||||
11 | unavoidably reveal the identity of the student; and | ||||||
12 | (iv) course materials or research materials used | ||||||
13 | by faculty members. | ||||||
14 | (k) Architects' plans, engineers' technical | ||||||
15 | submissions, and
other
construction related technical | ||||||
16 | documents for
projects not constructed or developed in | ||||||
17 | whole or in part with public funds
and the same for | ||||||
18 | projects constructed or developed with public funds, | ||||||
19 | including, but not limited to, power generating and | ||||||
20 | distribution stations and other transmission and | ||||||
21 | distribution facilities, water treatment facilities, | ||||||
22 | airport facilities, sport stadiums, convention centers, | ||||||
23 | and all government owned, operated, or occupied buildings, | ||||||
24 | but
only to the extent
that disclosure would compromise | ||||||
25 | security.
| ||||||
26 | (l) Minutes of meetings of public bodies closed to the
|
| |||||||
| |||||||
1 | public as provided in the Open Meetings Act until the | ||||||
2 | public body
makes the minutes available to the public | ||||||
3 | under Section 2.06 of the Open
Meetings Act.
| ||||||
4 | (m) Communications between a public body and an | ||||||
5 | attorney or auditor
representing the public body that | ||||||
6 | would not be subject to discovery in
litigation, and | ||||||
7 | materials prepared or compiled by or for a public body in
| ||||||
8 | anticipation of a criminal, civil, or administrative | ||||||
9 | proceeding upon the
request of an attorney advising the | ||||||
10 | public body, and materials prepared or
compiled with | ||||||
11 | respect to internal audits of public bodies.
| ||||||
12 | (n) Records relating to a public body's adjudication | ||||||
13 | of employee grievances or disciplinary cases; however, | ||||||
14 | this exemption shall not extend to the final outcome of | ||||||
15 | cases in which discipline is imposed.
| ||||||
16 | (o) Administrative or technical information associated | ||||||
17 | with automated
data processing operations, including, but | ||||||
18 | not limited to, software,
operating protocols, computer | ||||||
19 | program abstracts, file layouts, source
listings, object | ||||||
20 | modules, load modules, user guides, documentation
| ||||||
21 | pertaining to all logical and physical design of | ||||||
22 | computerized systems,
employee manuals, and any other | ||||||
23 | information that, if disclosed, would
jeopardize the | ||||||
24 | security of the system or its data or the security of
| ||||||
25 | materials exempt under this Section.
| ||||||
26 | (p) Records relating to collective negotiating matters
|
| |||||||
| |||||||
1 | between public bodies and their employees or | ||||||
2 | representatives, except that
any final contract or | ||||||
3 | agreement shall be subject to inspection and copying.
| ||||||
4 | (q) Test questions, scoring keys, and other | ||||||
5 | examination data used to determine the qualifications of | ||||||
6 | an applicant for a license or employment.
| ||||||
7 | (r) The records, documents, and information relating | ||||||
8 | to real estate
purchase negotiations until those | ||||||
9 | negotiations have been completed or
otherwise terminated. | ||||||
10 | With regard to a parcel involved in a pending or
actually | ||||||
11 | and reasonably contemplated eminent domain proceeding | ||||||
12 | under the Eminent Domain Act, records, documents, and
| ||||||
13 | information relating to that parcel shall be exempt except | ||||||
14 | as may be
allowed under discovery rules adopted by the | ||||||
15 | Illinois Supreme Court. The
records, documents, and | ||||||
16 | information relating to a real estate sale shall be
exempt | ||||||
17 | until a sale is consummated.
| ||||||
18 | (s) Any and all proprietary information and records | ||||||
19 | related to the
operation of an intergovernmental risk | ||||||
20 | management association or
self-insurance pool or jointly | ||||||
21 | self-administered health and accident
cooperative or pool.
| ||||||
22 | Insurance or self-insurance self insurance (including any | ||||||
23 | intergovernmental risk management association or | ||||||
24 | self-insurance self insurance pool) claims, loss or risk | ||||||
25 | management information, records, data, advice , or | ||||||
26 | communications.
|
| |||||||
| |||||||
1 | (t) Information contained in or related to | ||||||
2 | examination, operating, or
condition reports prepared by, | ||||||
3 | on behalf of, or for the use of a public
body responsible | ||||||
4 | for the regulation or supervision of financial
| ||||||
5 | institutions, insurance companies, or pharmacy benefit | ||||||
6 | managers, unless disclosure is otherwise
required by State | ||||||
7 | law.
| ||||||
8 | (u) Information that would disclose
or might lead to | ||||||
9 | the disclosure of
secret or confidential information, | ||||||
10 | codes, algorithms, programs, or private
keys intended to | ||||||
11 | be used to create electronic signatures under the Uniform | ||||||
12 | Electronic Transactions Act.
| ||||||
13 | (v) Vulnerability assessments, security measures, and | ||||||
14 | response policies
or plans that are designed to identify, | ||||||
15 | prevent, or respond to potential
attacks upon a | ||||||
16 | community's population or systems, facilities, or | ||||||
17 | installations, but only to the extent that
disclosure | ||||||
18 | could reasonably be expected to expose the vulnerability | ||||||
19 | or jeopardize the effectiveness of the
measures, policies, | ||||||
20 | or plans, or the safety of the personnel who implement | ||||||
21 | them or the public.
Information exempt under this item may | ||||||
22 | include such things as details
pertaining to the | ||||||
23 | mobilization or deployment of personnel or equipment, to | ||||||
24 | the
operation of communication systems or protocols, to | ||||||
25 | cybersecurity vulnerabilities, or to tactical operations.
| ||||||
26 | (w) (Blank). |
| |||||||
| |||||||
1 | (x) Maps and other records regarding the location or | ||||||
2 | security of generation, transmission, distribution, | ||||||
3 | storage, gathering,
treatment, or switching facilities | ||||||
4 | owned by a utility, by a power generator, or by the | ||||||
5 | Illinois Power Agency.
| ||||||
6 | (y) Information contained in or related to proposals, | ||||||
7 | bids, or negotiations related to electric power | ||||||
8 | procurement under Section 1-75 of the Illinois Power | ||||||
9 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
10 | Act that is determined to be confidential and proprietary | ||||||
11 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
12 | Commission.
| ||||||
13 | (z) Information about students exempted from | ||||||
14 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
15 | the School Code, and information about undergraduate | ||||||
16 | students enrolled at an institution of higher education | ||||||
17 | exempted from disclosure under Section 25 of the Illinois | ||||||
18 | Credit Card Marketing Act of 2009. | ||||||
19 | (aa) Information the disclosure of which is
exempted | ||||||
20 | under the Viatical Settlements Act of 2009.
| ||||||
21 | (bb) Records and information provided to a mortality | ||||||
22 | review team and records maintained by a mortality review | ||||||
23 | team appointed under the Department of Juvenile Justice | ||||||
24 | Mortality Review Team Act. | ||||||
25 | (cc) Information regarding interments, entombments, or | ||||||
26 | inurnments of human remains that are submitted to the |
| |||||||
| |||||||
1 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
2 | the Cemetery Oversight Act, whichever is applicable. | ||||||
3 | (dd) Correspondence and records (i) that may not be | ||||||
4 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
5 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
6 | the Illinois Public Aid Code. | ||||||
7 | (ee) The names, addresses, or other personal | ||||||
8 | information of persons who are minors and are also | ||||||
9 | participants and registrants in programs of park | ||||||
10 | districts, forest preserve districts, conservation | ||||||
11 | districts, recreation agencies, and special recreation | ||||||
12 | associations. | ||||||
13 | (ff) The names, addresses, or other personal | ||||||
14 | information of participants and registrants in programs of | ||||||
15 | park districts, forest preserve districts, conservation | ||||||
16 | districts, recreation agencies, and special recreation | ||||||
17 | associations where such programs are targeted primarily to | ||||||
18 | minors. | ||||||
19 | (gg) Confidential information described in Section | ||||||
20 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
21 | 2012. | ||||||
22 | (hh) The report submitted to the State Board of | ||||||
23 | Education by the School Security and Standards Task Force | ||||||
24 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
25 | School Code and any information contained in that report. | ||||||
26 | (ii) Records requested by persons committed to or |
| |||||||
| |||||||
1 | detained by the Department of Human Services under the | ||||||
2 | Sexually Violent Persons Commitment Act or committed to | ||||||
3 | the Department of Corrections under the Sexually Dangerous | ||||||
4 | Persons Act if those materials: (i) are available in the | ||||||
5 | library of the facility where the individual is confined; | ||||||
6 | (ii) include records from staff members' personnel files, | ||||||
7 | staff rosters, or other staffing assignment information; | ||||||
8 | or (iii) are available through an administrative request | ||||||
9 | to the Department of Human Services or the Department of | ||||||
10 | Corrections. | ||||||
11 | (jj) Confidential information described in Section | ||||||
12 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
13 | (kk) The public body's credit card numbers, debit card | ||||||
14 | numbers, bank account numbers, Federal Employer | ||||||
15 | Identification Number, security code numbers, passwords, | ||||||
16 | and similar account information, the disclosure of which | ||||||
17 | could result in identity theft or impression or defrauding | ||||||
18 | of a governmental entity or a person. | ||||||
19 | (ll) Records concerning the work of the threat | ||||||
20 | assessment team of a school district, including, but not | ||||||
21 | limited to, any threat assessment procedure under the | ||||||
22 | School Safety Drill Act and any information contained in | ||||||
23 | the procedure. | ||||||
24 | (mm) Information prohibited from being disclosed under | ||||||
25 | subsections (a) and (b) of Section 15 of the Student | ||||||
26 | Confidential Reporting Act. |
| |||||||
| |||||||
1 | (nn) (mm) Proprietary information submitted to the
| ||||||
2 | Environmental Protection Agency under the Drug Take-Back
| ||||||
3 | Act. | ||||||
4 | (oo) (mm) Records described in subsection (f) of | ||||||
5 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
6 | (1.5) Any information exempt from disclosure under the | ||||||
7 | Judicial Privacy Act shall be redacted from public records | ||||||
8 | prior to disclosure under this Act. | ||||||
9 | (2) A public record that is not in the possession of a | ||||||
10 | public body but is in the possession of a party with whom the | ||||||
11 | agency has contracted to perform a governmental function on | ||||||
12 | behalf of the public body, and that directly relates to the | ||||||
13 | governmental function and is not otherwise exempt under this | ||||||
14 | Act, shall be considered a public record of the public body, | ||||||
15 | for purposes of this Act. | ||||||
16 | (3) This Section does not authorize withholding of | ||||||
17 | information or limit the
availability of records to the | ||||||
18 | public, except as stated in this Section or
otherwise provided | ||||||
19 | in this Act.
| ||||||
20 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
21 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
22 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
23 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
24 | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||||||
25 | 6-10-22; revised 12-13-22.) |
| |||||||
| |||||||
1 | Section 10. The Illinois Vehicle Code is amended by adding | ||||||
2 | Section 2-130 as follows: | ||||||
3 | (625 ILCS 5/2-130 new) | ||||||
4 | Sec. 2-130. User of automated license plate readers; | ||||||
5 | prohibitions. | ||||||
6 | (a) As used in this Section: | ||||||
7 | "Automated license plate reader" or "ALPR" means an | ||||||
8 | electronic device that is mounted on a law enforcement vehicle | ||||||
9 | or positioned in a stationary location and that is capable of | ||||||
10 | recording data on or taking a photograph of a vehicle or its | ||||||
11 | license plate and comparing the collected data and photographs | ||||||
12 | to existing law enforcement databases for investigative | ||||||
13 | purposes. "Automated license plate reader" or "ALPR" includes | ||||||
14 | a device that is owned or operated by a person who is not a | ||||||
15 | government entity to the extent that data collected by the | ||||||
16 | reader is shared with a law enforcement agency. | ||||||
17 | "Law enforcement" means any entity with statutory police | ||||||
18 | powers and the ability to employ individuals authorized to | ||||||
19 | make arrests. "Law enforcement" includes the Illinois State | ||||||
20 | Police as defined by the Illinois State Police Act. "Law | ||||||
21 | enforcement agency" also includes any university, college, or | ||||||
22 | community college. | ||||||
23 | (b) An ALPR user shall not sell, share, allow access to, or | ||||||
24 | transfer ALPR information to any state for the purpose of | ||||||
25 | investigating or enforcing a law that: |
| |||||||
| |||||||
1 | (1) denies or interferes with a person's right to | ||||||
2 | choose or obtain reproductive health care services or any | ||||||
3 | lawful health care services as defined by the Lawful | ||||||
4 | Health Care Activity Act; or | ||||||
5 | (2) permits the detention or investigation of a person | ||||||
6 | based on the person's immigration status. | ||||||
7 | (c) Any law enforcement agency, including an out-of-state | ||||||
8 | law enforcement agency, that uses ALPR systems shall require | ||||||
9 | other out-of-state law enforcement agencies to acknowledge | ||||||
10 | that any shared ALPR images or data generated in this State | ||||||
11 | will not be used in a manner that violates subsection (b) by | ||||||
12 | executing a written declaration before obtaining that data. If | ||||||
13 | a written declaration is not executed before sharing or | ||||||
14 | transfer of the data, the law enforcement agency shall not | ||||||
15 | share the ALPR images or data with the out-of-state law | ||||||
16 | enforcement agency. | ||||||
17 | (d) ALPR information shall be held confidentially to the | ||||||
18 | fullest extent permitted by law.
| ||||||
19 | Section 95. No acceleration or delay. Where this Act makes | ||||||
20 | changes in a statute that is represented in this Act by text | ||||||
21 | that is not yet or no longer in effect (for example, a Section | ||||||
22 | represented by multiple versions), the use of that text does | ||||||
23 | not accelerate or delay the taking effect of (i) the changes | ||||||
24 | made by this Act or (ii) provisions derived from any other | ||||||
25 | Public Act. |