Rep. Barbara Flynn Currie
Filed: 3/23/2015
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1 | AMENDMENT TO HOUSE BILL 3932
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2 | AMENDMENT NO. ______. Amend House Bill 3932 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Private College Campus Police Act is | ||||||
5 | amended by adding Section 1.5 as follows: | ||||||
6 | (110 ILCS 1020/1.5 new) | ||||||
7 | Sec. 1.5. Records. | ||||||
8 | (a) Information and records in the custody or possession of | ||||||
9 | a campus police department subject to this Act shall be open to | ||||||
10 | inspection or copying in the same manner as public records | ||||||
11 | under the Freedom of Information Act. | ||||||
12 | (b) Records subject to inspection and copying under | ||||||
13 | subsection (a) of this Section include, but are not limited to: | ||||||
14 | (1) warning citations, field interview cards, and | ||||||
15 | field contact reports; | ||||||
16 | (2) incident reports and case reports; |
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1 | (3) arrest reports, including any information required | ||||||
2 | to be furnished by local criminal justice agencies under | ||||||
3 | the Freedom of Information Act; | ||||||
4 | (4) emergency call recordings or transcripts; | ||||||
5 | (5) department directives; and | ||||||
6 | (6) crime data and statistics. | ||||||
7 | The following records are not subject to inspection and | ||||||
8 | copying under subsection (a) of this Section: | ||||||
9 | (1) employment matters, including grievances and | ||||||
10 | disciplinary matters; | ||||||
11 | (2) labor contract negotiations; | ||||||
12 | (3) wage information; | ||||||
13 | (4) information about insurance; | ||||||
14 | (5) records relating to all ongoing investigations or | ||||||
15 | security threats the disclosure of which could jeopardize | ||||||
16 | public safety; | ||||||
17 | (6) records relating to students and related | ||||||
18 | disciplinary proceedings and actions, including, but not | ||||||
19 | limited to, those prohibited by the federal Family | ||||||
20 | Educational Rights and Privacy Act of 1974 and the Illinois | ||||||
21 | Health Insurance Portability and Accountability Act; | ||||||
22 | (7) records relating to campus building access; | ||||||
23 | (8) records, tapes, and other digital media from campus | ||||||
24 | security cameras; and | ||||||
25 | (9) non-criminal campus incident reports. | ||||||
26 | (c) A person shall request records and a campus police |
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1 | department shall make records available for public inspection | ||||||
2 | in the same manner and according to the same timelines required | ||||||
3 | under the Freedom of Information Act. A campus police | ||||||
4 | department may impose fees in the same manner as public bodies | ||||||
5 | under the Freedom of Information Act. A campus police | ||||||
6 | department is not required to copy a record that is published | ||||||
7 | on the department's website. The campus police department shall | ||||||
8 | notify the requester that the record is available online and | ||||||
9 | direct the requester to the website where the record can be | ||||||
10 | reasonably accessed. | ||||||
11 | (d) Each campus police department shall designate one or | ||||||
12 | more employees to act as open records officers. Open records | ||||||
13 | officers or their designees shall receive requests submitted to | ||||||
14 | the campus police department, ensure that the campus police | ||||||
15 | department responds to requests in a timely fashion, and issue | ||||||
16 | responses. All open records officers must, within 6 months | ||||||
17 | after the effective date of this amendatory Act of the 99th | ||||||
18 | General Assembly, successfully complete an electronic training | ||||||
19 | curriculum to be developed by the Public Access Counselor | ||||||
20 | established in the Office of the Attorney General and | ||||||
21 | thereafter successfully complete an annual training program. | ||||||
22 | Thereafter, whenever a new open records officer is designated | ||||||
23 | by a campus police department, that person shall successfully | ||||||
24 | complete the electronic training curriculum within 30 days | ||||||
25 | after assuming the position. | ||||||
26 | (e) Each campus police department that maintains an |
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1 | Internet website shall post on its website a brief description | ||||||
2 | of the methods whereby the public may request information and | ||||||
3 | records, a directory designating the open records officer or | ||||||
4 | officers, the address where requests for records should be | ||||||
5 | directed, and any fees allowable under subsection (c) of this | ||||||
6 | Section. If the campus police department does not maintain a | ||||||
7 | website, such information shall be prominently displayed in its | ||||||
8 | offices and made available for inspection and copying. | ||||||
9 | (f) When a request is made to inspect or copy a record that | ||||||
10 | contains information that would be exempt from disclosure under | ||||||
11 | the Freedom of Information Act (including, but not limited to, | ||||||
12 | exemptions listed in Sections 2.15 and 7 of the Freedom of | ||||||
13 | Information Act), the campus police department may redact the | ||||||
14 | information subject to the exemptions. A person whose request | ||||||
15 | to inspect or copy a record is denied, in whole or in part, by a | ||||||
16 | campus police department may file a request for review with the | ||||||
17 | Public Access Counselor established in the Office of the | ||||||
18 | Attorney General in the same manner as provided under Section | ||||||
19 | 9.5 of the Freedom of Information Act. | ||||||
20 | (g) (1) Any person denied access to inspect or copy any | ||||||
21 | record required to be open to inspection or copying under | ||||||
22 | subsection (a) of this Section by a campus police department | ||||||
23 | may file suit for injunctive or declaratory relief in the | ||||||
24 | circuit court for the county where the campus police department | ||||||
25 | is located. | ||||||
26 | (2) The circuit court shall have the jurisdiction to |
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1 | enjoin the campus police department from withholding | ||||||
2 | applicable records and to order the production of any | ||||||
3 | records improperly withheld from the person seeking | ||||||
4 | access. If the campus police department can show that | ||||||
5 | exceptional circumstances exist and that the department is | ||||||
6 | exercising due diligence in responding to the request, the | ||||||
7 | court may retain jurisdiction and allow the department | ||||||
8 | additional time to complete its review of the records. | ||||||
9 | (3) If a person seeking the right to inspect or receive | ||||||
10 | a copy of a record prevails in a proceeding under this | ||||||
11 | subsection (g), the court shall award such person | ||||||
12 | reasonable attorney's fees and costs. | ||||||
13 | (4) If the court determines that a campus police | ||||||
14 | department willfully and intentionally failed to comply | ||||||
15 | with this Section or otherwise acted in bad faith, the | ||||||
16 | court shall also impose upon the campus police department a | ||||||
17 | civil penalty of not less than $2,500 nor more than $5,000 | ||||||
18 | for each occurrence. In assessing the civil penalty, the | ||||||
19 | court shall consider in aggravation or mitigation the | ||||||
20 | budget of the campus police department and whether the | ||||||
21 | department has previously been assessed penalties for | ||||||
22 | violations of this Section. ".
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