94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3713

 

Introduced 2/24/2005, by Rep. James H. Meyer

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 60/Art. V heading new
750 ILCS 60/501 new
750 ILCS 60/505 new
750 ILCS 60/510 new
750 ILCS 60/515 new
5 ILCS 140/7   from Ch. 116, par. 207

    Amends the Illinois Domestic Violence Act of 1986. Creates the Domestic Violence Prevention Review Board. Authorizes the Board to create Domestic Violence Fatality Review Teams to gather and review information concerning fatal and near-fatal violence incidents, including suicides. Provides that information relevant to the investigation of a crime may be disclosed by a Team only to the prosecuting attorney or to a law enforcement agency or may be made available to the Attorney General, upon request. Limits the liability for a Team member or a person providing information to a Team for civil damages arising out of an official act or an omission during the gathering or processing of information by a Team, except for acts or omissions that constitute willful or wanton misconduct on the part of the member or person providing information or acts performed outside the scope of the authority of the Team. Amends the Freedom of Information Act. Exempts information gathered by a Domestic Violence Fatality Review Team from the requirements of the Act.


LRB094 09244 LCB 39478 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3713 LRB094 09244 LCB 39478 b

1     AN ACT concerning domestic violence.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Domestic Violence Act of 1986 is
5 amended by adding Article V as follows:
 
6     (750 ILCS 60/Art. V heading new)
7
ARTICLE V
8 FATALITY REVIEW TEAMS
 
9     (750 ILCS 60/501 new)
10     Sec. 501. Domestic Violence Prevention and Treatment
11 Board.
12     (a) There is hereby created the Domestic Violence
13 Prevention and Treatment Board.
14     (b) The Board shall consist of 9 members appointed as soon
15 as possible after this amendatory Act of the 94th General
16 Assembly takes effect. The members shall be appointed as
17 follows: one member appointed by the Speaker of the House of
18 Representatives; one member appointed by the Minority Leader of
19 the House of Representatives; one member appointed by the
20 President of the Senate; one member appointed by the Minority
21 Leader of the Senate; and 5 members appointed by the Governor
22 with one member representing domestic violence groups within
23 the State, one member from the Illinois State Police, one
24 member representing rape crisis counselors, one member from the
25 Department of Children and Family Services, and one member
26 representing the general public.
27     (c) At its first meeting, the Board shall elect from among
28 its members a Chairperson and other officers it considers
29 necessary or appropriate. After its first meeting, the Board
30 shall meet at least quarterly, or more frequently at the call
31 of the Chairperson or if requested by 5 or more members.

 

 

HB3713 - 2 - LRB094 09244 LCB 39478 b

1     (d) A majority of the members of the Board constitute a
2 quorum for the transaction of business at a meeting of the
3 Board. A majority of the members present and serving is
4 required for official action of the Board.
5     (e) Members of the Board shall serve without compensation.
6 However, members of the Board may be reimbursed for their
7 actual and necessary expenses incurred in the performance of
8 their official duties as members of the Board.
9     (f) The Board shall do the following:
10         (1) Authorize the State and a county or counties to
11     establish inter-agency Domestic Violence Fatality Review
12     Teams.
13         (2) Develop guidelines, rules, and protocols under
14     which the Domestic Violence Fatality Review Teams shall
15     operate.
16         (3) Require the Domestic Violence Fatality Review
17     Teams to report annually to the Board concerning the
18     information gathered.
19         (4) Provide guidelines concerning the content and
20     format of the reports to the Board.
21         (5) Provide for ongoing training for the Domestic
22     Violence Fatality Review Teams.
 
23     (750 ILCS 60/505 new)
24     Sec. 505. Domestic Violence Fatality Review Teams. The
25 Board shall create Domestic Violence Fatality Review Teams. The
26 Teams shall gather and review information concerning fatal and
27 near-fatal violence incidents, including suicides, and shall
28 report to the Board concerning this information.
 
29     (750 ILCS 60/510 new)
30     Sec. 510. Information; confidentiality.
31     (a) Information obtained or created by the Teams shall be
32 confidential and shall not be subject to civil discovery of the
33 Freedom of Information Act.
34     (b) Documents created by a Team shall not be subject to

 

 

HB3713 - 3 - LRB094 09244 LCB 39478 b

1 subpoena, discovery, or introduction into evidence, unless the
2 document would otherwise be available from an alternate source.
3     (c) Information relevant to the investigation of a crime
4 may be disclosed by a Team only to the prosecuting attorney or
5 to a law enforcement agency. Information may also be made
6 available to the Attorney General, upon request.
 
7     (750 ILCS 60/515 new)
8     Sec. 515. Liability. No member of a Team and no person
9 providing information to a Team shall be liable for civil
10 damages arising out of an official act or an omission during
11 the gathering or processing of information by a Team, except
12 for acts or omissions that constitute willful or wanton
13 misconduct on the part of the member or person providing
14 information or acts performed outside the scope of the
15 authority of the Team.
 
16     Section 10. The Freedom of Information Act is amended by
17 changing Section 7 as follows:
 
18     (5 ILCS 140/7)  (from Ch. 116, par. 207)
19     Sec. 7. Exemptions.
20     (1) The following shall be exempt from inspection and
21 copying:
22         (a) Information specifically prohibited from
23     disclosure by federal or State law or rules and regulations
24     adopted under federal or State law.
25         (b) Information that, if disclosed, would constitute a
26     clearly unwarranted invasion of personal privacy, unless
27     the disclosure is consented to in writing by the individual
28     subjects of the information. The disclosure of information
29     that bears on the public duties of public employees and
30     officials shall not be considered an invasion of personal
31     privacy. Information exempted under this subsection (b)
32     shall include but is not limited to:
33             (i) files and personal information maintained with

 

 

HB3713 - 4 - LRB094 09244 LCB 39478 b

1         respect to clients, patients, residents, students or
2         other individuals receiving social, medical,
3         educational, vocational, financial, supervisory or
4         custodial care or services directly or indirectly from
5         federal agencies or public bodies;
6             (ii) personnel files and personal information
7         maintained with respect to employees, appointees or
8         elected officials of any public body or applicants for
9         those positions;
10             (iii) files and personal information maintained
11         with respect to any applicant, registrant or licensee
12         by any public body cooperating with or engaged in
13         professional or occupational registration, licensure
14         or discipline;
15             (iv) information required of any taxpayer in
16         connection with the assessment or collection of any tax
17         unless disclosure is otherwise required by State
18         statute;
19             (v) information revealing the identity of persons
20         who file complaints with or provide information to
21         administrative, investigative, law enforcement or
22         penal agencies; provided, however, that identification
23         of witnesses to traffic accidents, traffic accident
24         reports, and rescue reports may be provided by agencies
25         of local government, except in a case for which a
26         criminal investigation is ongoing, without
27         constituting a clearly unwarranted per se invasion of
28         personal privacy under this subsection; and
29             (vi) the names, addresses, or other personal
30         information of participants and registrants in park
31         district, forest preserve district, and conservation
32         district programs.
33         (c) Records compiled by any public body for
34     administrative enforcement proceedings and any law
35     enforcement or correctional agency for law enforcement
36     purposes or for internal matters of a public body, but only

 

 

HB3713 - 5 - LRB094 09244 LCB 39478 b

1     to the extent that disclosure would:
2             (i) interfere with pending or actually and
3         reasonably contemplated law enforcement proceedings
4         conducted by any law enforcement or correctional
5         agency;
6             (ii) interfere with pending administrative
7         enforcement proceedings conducted by any public body;
8             (iii) deprive a person of a fair trial or an
9         impartial hearing;
10             (iv) unavoidably disclose the identity of a
11         confidential source or confidential information
12         furnished only by the confidential source;
13             (v) disclose unique or specialized investigative
14         techniques other than those generally used and known or
15         disclose internal documents of correctional agencies
16         related to detection, observation or investigation of
17         incidents of crime or misconduct;
18             (vi) constitute an invasion of personal privacy
19         under subsection (b) of this Section;
20             (vii) endanger the life or physical safety of law
21         enforcement personnel or any other person; or
22             (viii) obstruct an ongoing criminal investigation.
23         (d) Criminal history record information maintained by
24     State or local criminal justice agencies, except the
25     following which shall be open for public inspection and
26     copying:
27             (i) chronologically maintained arrest information,
28         such as traditional arrest logs or blotters;
29             (ii) the name of a person in the custody of a law
30         enforcement agency and the charges for which that
31         person is being held;
32             (iii) court records that are public;
33             (iv) records that are otherwise available under
34         State or local law; or
35             (v) records in which the requesting party is the
36         individual identified, except as provided under part

 

 

HB3713 - 6 - LRB094 09244 LCB 39478 b

1         (vii) of paragraph (c) of subsection (1) of this
2         Section.
3         "Criminal history record information" means data
4     identifiable to an individual and consisting of
5     descriptions or notations of arrests, detentions,
6     indictments, informations, pre-trial proceedings, trials,
7     or other formal events in the criminal justice system or
8     descriptions or notations of criminal charges (including
9     criminal violations of local municipal ordinances) and the
10     nature of any disposition arising therefrom, including
11     sentencing, court or correctional supervision,
12     rehabilitation and release. The term does not apply to
13     statistical records and reports in which individuals are
14     not identified and from which their identities are not
15     ascertainable, or to information that is for criminal
16     investigative or intelligence purposes.
17         (e) Records that relate to or affect the security of
18     correctional institutions and detention facilities.
19         (f) Preliminary drafts, notes, recommendations,
20     memoranda and other records in which opinions are
21     expressed, or policies or actions are formulated, except
22     that a specific record or relevant portion of a record
23     shall not be exempt when the record is publicly cited and
24     identified by the head of the public body. The exemption
25     provided in this paragraph (f) extends to all those records
26     of officers and agencies of the General Assembly that
27     pertain to the preparation of legislative documents.
28         (g) Trade secrets and commercial or financial
29     information obtained from a person or business where the
30     trade secrets or information are proprietary, privileged
31     or confidential, or where disclosure of the trade secrets
32     or information may cause competitive harm, including all
33     information determined to be confidential under Section
34     4002 of the Technology Advancement and Development Act.
35     Nothing contained in this paragraph (g) shall be construed
36     to prevent a person or business from consenting to

 

 

HB3713 - 7 - LRB094 09244 LCB 39478 b

1     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) Test questions, scoring keys and other examination
22     data used to administer an academic examination or
23     determined the qualifications of an applicant for a license
24     or employment.
25         (k) Architects' plans, engineers' technical
26     submissions, and other construction related technical
27     documents for projects not constructed or developed in
28     whole or in part with public funds and the same for
29     projects constructed or developed with public funds, but
30     only to the extent that disclosure would compromise
31     security, including but not limited to water treatment
32     facilities, airport facilities, sport stadiums, convention
33     centers, and all government owned, operated, or occupied
34     buildings.
35         (l) Library circulation and order records identifying
36     library users with specific materials.

 

 

HB3713 - 8 - LRB094 09244 LCB 39478 b

1         (m) Minutes of meetings of public bodies closed to the
2     public as provided in the Open Meetings Act until the
3     public body makes the minutes available to the public under
4     Section 2.06 of the Open Meetings Act.
5         (n) Communications between a public body and an
6     attorney or auditor representing the public body that would
7     not be subject to discovery in litigation, and materials
8     prepared or compiled by or for a public body in
9     anticipation of a criminal, civil or administrative
10     proceeding upon the request of an attorney advising the
11     public body, and materials prepared or compiled with
12     respect to internal audits of public bodies.
13         (o) Information received by a primary or secondary
14     school, college or university under its procedures for the
15     evaluation of faculty members by their academic peers.
16         (p) 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         (q) Documents or materials relating to collective
27     negotiating matters between public bodies and their
28     employees or representatives, except that any final
29     contract or agreement shall be subject to inspection and
30     copying.
31         (r) Drafts, notes, recommendations and memoranda
32     pertaining to the financing and marketing transactions of
33     the public body. The records of ownership, registration,
34     transfer, and exchange of municipal debt obligations, and
35     of persons to whom payment with respect to these
36     obligations is made.

 

 

HB3713 - 9 - LRB094 09244 LCB 39478 b

1         (s) The records, documents and information relating to
2     real estate purchase negotiations until those negotiations
3     have been completed or otherwise terminated. With regard to
4     a parcel involved in a pending or actually and reasonably
5     contemplated eminent domain proceeding under Article VII
6     of the Code of Civil Procedure, records, documents and
7     information relating to that parcel shall be exempt except
8     as may be allowed under discovery rules adopted by the
9     Illinois Supreme Court. The records, documents and
10     information relating to a real estate sale shall be exempt
11     until a sale is consummated.
12         (t) Any and all proprietary information and records
13     related to the operation of an intergovernmental risk
14     management association or self-insurance pool or jointly
15     self-administered health and accident cooperative or pool.
16         (u) Information concerning a university's adjudication
17     of student or employee grievance or disciplinary cases, to
18     the extent that disclosure would reveal the identity of the
19     student or employee and information concerning any public
20     body's adjudication of student or employee grievances or
21     disciplinary cases, except for the final outcome of the
22     cases.
23         (v) Course materials or research materials used by
24     faculty members.
25         (w) Information related solely to the internal
26     personnel rules and practices of a public body.
27         (x) Information contained in or related to
28     examination, operating, or condition reports prepared by,
29     on behalf of, or for the use of a public body responsible
30     for the regulation or supervision of financial
31     institutions or insurance companies, unless disclosure is
32     otherwise required by State law.
33         (y) Information the disclosure of which is restricted
34     under Section 5-108 of the Public Utilities Act.
35         (z) Manuals or instruction to staff that relate to
36     establishment or collection of liability for any State tax

 

 

HB3713 - 10 - LRB094 09244 LCB 39478 b

1     or that relate to investigations by a public body to
2     determine violation of any criminal law.
3         (aa) Applications, related documents, and medical
4     records received by the Experimental Organ Transplantation
5     Procedures Board and any and all documents or other records
6     prepared by the Experimental Organ Transplantation
7     Procedures Board or its staff relating to applications it
8     has received.
9         (bb) Insurance or self insurance (including any
10     intergovernmental risk management association or self
11     insurance pool) claims, loss or risk management
12     information, records, data, advice or communications.
13         (cc) Information and records held by the Department of
14     Public Health and its authorized representatives relating
15     to known or suspected cases of sexually transmissible
16     disease or any information the disclosure of which is
17     restricted under the Illinois Sexually Transmissible
18     Disease Control Act.
19         (dd) Information the disclosure of which is exempted
20     under Section 30 of the Radon Industry Licensing Act.
21         (ee) Firm performance evaluations under Section 55 of
22     the Architectural, Engineering, and Land Surveying
23     Qualifications Based Selection Act.
24         (ff) Security portions of system safety program plans,
25     investigation reports, surveys, schedules, lists, data, or
26     information compiled, collected, or prepared by or for the
27     Regional Transportation Authority under Section 2.11 of
28     the Regional Transportation Authority Act or the St. Clair
29     County Transit District under the Bi-State Transit Safety
30     Act.
31         (gg) Information the disclosure of which is restricted
32     and exempted under Section 50 of the Illinois Prepaid
33     Tuition Act.
34         (hh) Information the disclosure of which is exempted
35     under the State Officials and Employees Ethics Act.
36         (ii) Beginning July 1, 1999, information that would

 

 

HB3713 - 11 - LRB094 09244 LCB 39478 b

1     disclose or might lead to the disclosure of secret or
2     confidential information, codes, algorithms, programs, or
3     private keys intended to be used to create electronic or
4     digital signatures under the Electronic Commerce Security
5     Act.
6         (jj) Information contained in a local emergency energy
7     plan submitted to a municipality in accordance with a local
8     emergency energy plan ordinance that is adopted under
9     Section 11-21.5-5 of the Illinois Municipal Code.
10         (kk) Information and data concerning the distribution
11     of surcharge moneys collected and remitted by wireless
12     carriers under the Wireless Emergency Telephone Safety
13     Act.
14         (ll) Vulnerability assessments, security measures, and
15     response policies or plans that are designed to identify,
16     prevent, or respond to potential attacks upon a community's
17     population or systems, facilities, or installations, the
18     destruction or contamination of which would constitute a
19     clear and present danger to the health or safety of the
20     community, but only to the extent that disclosure could
21     reasonably be expected to jeopardize the effectiveness of
22     the measures or the safety of the personnel who implement
23     them or the public. Information exempt under this item may
24     include such things as details pertaining to the
25     mobilization or deployment of personnel or equipment, to
26     the operation of communication systems or protocols, or to
27     tactical operations.
28         (mm) Maps and other records regarding the location or
29     security of a utility's generation, transmission,
30     distribution, storage, gathering, treatment, or switching
31     facilities.
32         (nn) Law enforcement officer identification
33     information or driver identification information compiled
34     by a law enforcement agency or the Department of
35     Transportation under Section 11-212 of the Illinois
36     Vehicle Code.

 

 

HB3713 - 12 - LRB094 09244 LCB 39478 b

1         (oo) Records and information provided to a residential
2     health care facility resident sexual assault and death
3     review team or the Residential Health Care Facility
4     Resident Sexual Assault and Death Review Teams Executive
5     Council under the Residential Health Care Facility
6     Resident Sexual Assault and Death Review Team Act.
7         (pp) Information gathered by a Domestic Violence
8     Fatality Review Team under Article V of the Illinois
9     Domestic Violence Act of 1986.
10     (2) This Section does not authorize withholding of
11 information or limit the availability of records to the public,
12 except as stated in this Section or otherwise provided in this
13 Act.
14 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
15 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
16 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
17 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
18 8-21-03; 93-617, eff. 12-9-03.)