State of Illinois
2015 and 2016


Introduced 2/19/2016, by Sen. William R. Haine


5 ILCS 140/3.7 new
5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that no provision of the Act shall be construed to afford any rights to any person: (i) incarcerated in a State, local, or federal correctional facility; or (ii) in the custody of the Department of Human Services as unfit to stand trial or under the Sexually Violent Persons Commitment Act. Provides that the new provisions shall not be construed to prevent a person from exercising his or her constitutionally-protected rights. Exempts from disclosure under the Act records requested by persons committed to a county jail if those materials are available in the library of the jail. Exempts from inspection and copying information or materials received, generated, or maintained by a State's Attorney or county sheriff as part of the criminal discovery process that the disclosure of which would violate the Supreme Court Rule concerning the disclosure of discovery materials in felony cases. Provides that the exemption applies regardless of whether the case has concluded. Effective immediately.

LRB099 19091 RJF 43480 b






SB3112LRB099 19091 RJF 43480 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7 and by adding Section 3.7 as follows:
6    (5 ILCS 140/3.7 new)
7    Sec. 3.7. Persons in custody. No provision of this Act
8shall be construed to afford any rights to any person: (i)
9incarcerated in a State, local, or federal correctional
10facility, whether or not the facility is located in the State
11of Illinois; or (ii) in the custody of the Department of Human
12Services as unfit to stand trial, after a finding or verdict of
13not guilty by reason of insanity, or under the Sexually Violent
14Persons Commitment Act. This Section shall not be construed to
15prevent a person from exercising his or her
16constitutionally-protected rights.
17    (5 ILCS 140/7)  (from Ch. 116, par. 207)
18    Sec. 7. Exemptions.
19    (1) When a request is made to inspect or copy a public
20record that contains information that is exempt from disclosure
21under this Section, but also contains information that is not
22exempt from disclosure, the public body may elect to redact the



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1information that is exempt. The public body shall make the
2remaining information available for inspection and copying.
3Subject to this requirement, the following shall be exempt from
4inspection and copying:
5        (a) Information specifically prohibited from
6    disclosure by federal or State law or rules and regulations
7    implementing federal or State law.
8        (b) Private information, unless disclosure is required
9    by another provision of this Act, a State or federal law or
10    a court order.
11        (b-5) Files, documents, and other data or databases
12    maintained by one or more law enforcement agencies and
13    specifically designed to provide information to one or more
14    law enforcement agencies regarding the physical or mental
15    status of one or more individual subjects.
16        (c) Personal information contained within public
17    records, the disclosure of which would constitute a clearly
18    unwarranted invasion of personal privacy, unless the
19    disclosure is consented to in writing by the individual
20    subjects of the information. "Unwarranted invasion of
21    personal privacy" means the disclosure of information that
22    is highly personal or objectionable to a reasonable person
23    and in which the subject's right to privacy outweighs any
24    legitimate public interest in obtaining the information.
25    The disclosure of information that bears on the public
26    duties of public employees and officials shall not be



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1    considered an invasion of personal privacy.
2        (d) Records in the possession of any public body
3    created in the course of administrative enforcement
4    proceedings, and any law enforcement or correctional
5    agency for law enforcement purposes, but only to the extent
6    that disclosure would:
7            (i) interfere with pending or actually and
8        reasonably contemplated law enforcement proceedings
9        conducted by any law enforcement or correctional
10        agency that is the recipient of the request;
11            (ii) interfere with active administrative
12        enforcement proceedings conducted by the public body
13        that is the recipient of the request;
14            (iii) create a substantial likelihood that a
15        person will be deprived of a fair trial or an impartial
16        hearing;
17            (iv) unavoidably disclose the identity of a
18        confidential source, confidential information
19        furnished only by the confidential source, or persons
20        who file complaints with or provide information to
21        administrative, investigative, law enforcement, or
22        penal agencies; except that the identities of
23        witnesses to traffic accidents, traffic accident
24        reports, and rescue reports shall be provided by
25        agencies of local government, except when disclosure
26        would interfere with an active criminal investigation



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1        conducted by the agency that is the recipient of the
2        request;
3            (v) disclose unique or specialized investigative
4        techniques other than those generally used and known or
5        disclose internal documents of correctional agencies
6        related to detection, observation or investigation of
7        incidents of crime or misconduct, and disclosure would
8        result in demonstrable harm to the agency or public
9        body that is the recipient of the request;
10            (vi) endanger the life or physical safety of law
11        enforcement personnel or any other person; or
12            (vii) obstruct an ongoing criminal investigation
13        by the agency that is the recipient of the request.
14        (d-5) A law enforcement record created for law
15    enforcement purposes and contained in a shared electronic
16    record management system if the law enforcement agency that
17    is the recipient of the request did not create the record,
18    did not participate in or have a role in any of the events
19    which are the subject of the record, and only has access to
20    the record through the shared electronic record management
21    system.
22        (e) Records that relate to or affect the security of
23    correctional institutions and detention facilities.
24        (e-5) Records requested by persons committed to the
25    Department of Corrections or a county jail if those
26    materials are available in the library of the correctional



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1    facility or jail where the inmate is confined.
2        (e-6) Records requested by persons committed to the
3    Department of Corrections if those materials include
4    records from staff members' personnel files, staff
5    rosters, or other staffing assignment information.
6        (e-7) Records requested by persons committed to the
7    Department of Corrections if those materials are available
8    through an administrative request to the Department of
9    Corrections.
10        (f) Preliminary drafts, notes, recommendations,
11    memoranda and other records in which opinions are
12    expressed, or policies or actions are formulated, except
13    that a specific record or relevant portion of a record
14    shall not be exempt when the record is publicly cited and
15    identified by the head of the public body. The exemption
16    provided in this paragraph (f) extends to all those records
17    of officers and agencies of the General Assembly that
18    pertain to the preparation of legislative documents.
19        (g) Trade secrets and commercial or financial
20    information obtained from a person or business where the
21    trade secrets or commercial or financial information are
22    furnished under a claim that they are proprietary,
23    privileged or confidential, and that disclosure of the
24    trade secrets or commercial or financial information would
25    cause competitive harm to the person or business, and only
26    insofar as the claim directly applies to the records



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1    requested.
2        The information included under this exemption includes
3    all trade secrets and commercial or financial information
4    obtained by a public body, including a public pension fund,
5    from a private equity fund or a privately held company
6    within the investment portfolio of a private equity fund as
7    a result of either investing or evaluating a potential
8    investment of public funds in a private equity fund. The
9    exemption contained in this item does not apply to the
10    aggregate financial performance information of a private
11    equity fund, nor to the identity of the fund's managers or
12    general partners. The exemption contained in this item does
13    not apply to the identity of a privately held company
14    within the investment portfolio of a private equity fund,
15    unless the disclosure of the identity of a privately held
16    company may cause competitive harm.
17        Nothing contained in this paragraph (g) shall be
18    construed to prevent a person or business from consenting
19    to disclosure.
20        (h) Proposals and bids for any contract, grant, or
21    agreement, including information which if it were
22    disclosed would frustrate procurement or give an advantage
23    to any person proposing to enter into a contractor
24    agreement with the body, until an award or final selection
25    is made. Information prepared by or for the body in
26    preparation of a bid solicitation shall be exempt until an



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1    award or final selection is made.
2        (i) Valuable formulae, computer geographic systems,
3    designs, drawings and research data obtained or produced by
4    any public body when disclosure could reasonably be
5    expected to produce private gain or public loss. The
6    exemption for "computer geographic systems" provided in
7    this paragraph (i) does not extend to requests made by news
8    media as defined in Section 2 of this Act when the
9    requested information is not otherwise exempt and the only
10    purpose of the request is to access and disseminate
11    information regarding the health, safety, welfare, or
12    legal rights of the general public.
13        (j) The following information pertaining to
14    educational matters:
15            (i) test questions, scoring keys and other
16        examination data used to administer an academic
17        examination;
18            (ii) information received by a primary or
19        secondary school, college, or university under its
20        procedures for the evaluation of faculty members by
21        their academic peers;
22            (iii) information concerning a school or
23        university's adjudication of student disciplinary
24        cases, but only to the extent that disclosure would
25        unavoidably reveal the identity of the student; and
26            (iv) course materials or research materials used



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1        by faculty members.
2        (k) Architects' plans, engineers' technical
3    submissions, and other construction related technical
4    documents for projects not constructed or developed in
5    whole or in part with public funds and the same for
6    projects constructed or developed with public funds,
7    including but not limited to power generating and
8    distribution stations and other transmission and
9    distribution facilities, water treatment facilities,
10    airport facilities, sport stadiums, convention centers,
11    and all government owned, operated, or occupied buildings,
12    but only to the extent that disclosure would compromise
13    security.
14        (l) Minutes of meetings of public bodies closed to the
15    public as provided in the Open Meetings Act until the
16    public body makes the minutes available to the public under
17    Section 2.06 of the Open Meetings Act.
18        (m) Communications between a public body and an
19    attorney or auditor representing the public body that would
20    not be subject to discovery in litigation, and materials
21    prepared or compiled by or for a public body in
22    anticipation of a criminal, civil or administrative
23    proceeding upon the request of an attorney advising the
24    public body, and materials prepared or compiled with
25    respect to internal audits of public bodies.
26        (n) Records relating to a public body's adjudication of



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1    employee grievances or disciplinary cases; however, this
2    exemption shall not extend to the final outcome of cases in
3    which discipline is imposed.
4        (o) Administrative or technical information associated
5    with automated data processing operations, including but
6    not limited to software, operating protocols, computer
7    program abstracts, file layouts, source listings, object
8    modules, load modules, user guides, documentation
9    pertaining to all logical and physical design of
10    computerized systems, employee manuals, and any other
11    information that, if disclosed, would jeopardize the
12    security of the system or its data or the security of
13    materials exempt under this Section.
14        (p) Records relating to collective negotiating matters
15    between public bodies and their employees or
16    representatives, except that any final contract or
17    agreement shall be subject to inspection and copying.
18        (q) Test questions, scoring keys, and other
19    examination data used to determine the qualifications of an
20    applicant for a license or employment.
21        (r) The records, documents, and information relating
22    to real estate purchase negotiations until those
23    negotiations have been completed or otherwise terminated.
24    With regard to a parcel involved in a pending or actually
25    and reasonably contemplated eminent domain proceeding
26    under the Eminent Domain Act, records, documents and



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1    information relating to that parcel shall be exempt except
2    as may be allowed under discovery rules adopted by the
3    Illinois Supreme Court. The records, documents and
4    information relating to a real estate sale shall be exempt
5    until a sale is consummated.
6        (s) Any and all proprietary information and records
7    related to the operation of an intergovernmental risk
8    management association or self-insurance pool or jointly
9    self-administered health and accident cooperative or pool.
10    Insurance or self insurance (including any
11    intergovernmental risk management association or self
12    insurance pool) claims, loss or risk management
13    information, records, data, advice or communications.
14        (t) Information contained in or related to
15    examination, operating, or condition reports prepared by,
16    on behalf of, or for the use of a public body responsible
17    for the regulation or supervision of financial
18    institutions or insurance companies, unless disclosure is
19    otherwise required by State law.
20        (u) Information that would disclose or might lead to
21    the disclosure of secret or confidential information,
22    codes, algorithms, programs, or private keys intended to be
23    used to create electronic or digital signatures under the
24    Electronic Commerce Security Act.
25        (v) Vulnerability assessments, security measures, and
26    response policies or plans that are designed to identify,



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1    prevent, or respond to potential attacks upon a community's
2    population or systems, facilities, or installations, the
3    destruction or contamination of which would constitute a
4    clear and present danger to the health or safety of the
5    community, but only to the extent that disclosure could
6    reasonably be expected to jeopardize the effectiveness of
7    the measures or the safety of the personnel who implement
8    them or the public. Information exempt under this item may
9    include such things as details pertaining to the
10    mobilization or deployment of personnel or equipment, to
11    the operation of communication systems or protocols, or to
12    tactical operations.
13        (w) (Blank).
14        (x) Maps and other records regarding the location or
15    security of generation, transmission, distribution,
16    storage, gathering, treatment, or switching facilities
17    owned by a utility, by a power generator, or by the
18    Illinois Power Agency.
19        (y) Information contained in or related to proposals,
20    bids, or negotiations related to electric power
21    procurement under Section 1-75 of the Illinois Power Agency
22    Act and Section 16-111.5 of the Public Utilities Act that
23    is determined to be confidential and proprietary by the
24    Illinois Power Agency or by the Illinois Commerce
25    Commission.
26        (z) Information about students exempted from



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1    disclosure under Sections 10-20.38 or 34-18.29 of the
2    School Code, and information about undergraduate students
3    enrolled at an institution of higher education exempted
4    from disclosure under Section 25 of the Illinois Credit
5    Card Marketing Act of 2009.
6        (aa) Information the disclosure of which is exempted
7    under the Viatical Settlements Act of 2009.
8        (bb) Records and information provided to a mortality
9    review team and records maintained by a mortality review
10    team appointed under the Department of Juvenile Justice
11    Mortality Review Team Act.
12        (cc) Information regarding interments, entombments, or
13    inurnments of human remains that are submitted to the
14    Cemetery Oversight Database under the Cemetery Care Act or
15    the Cemetery Oversight Act, whichever is applicable.
16        (dd) Correspondence and records (i) that may not be
17    disclosed under Section 11-9 of the Public Aid Code or (ii)
18    that pertain to appeals under Section 11-8 of the Public
19    Aid Code.
20        (ee) The names, addresses, or other personal
21    information of persons who are minors and are also
22    participants and registrants in programs of park
23    districts, forest preserve districts, conservation
24    districts, recreation agencies, and special recreation
25    associations.
26        (ff) The names, addresses, or other personal



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1    information of participants and registrants in programs of
2    park districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations where such programs are targeted primarily to
5    minors.
6        (gg) Confidential information described in Section
7    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
8        (hh) The report submitted to the State Board of
9    Education by the School Security and Standards Task Force
10    under item (8) of subsection (d) of Section 2-3.160 of the
11    School Code and any information contained in that report.
12        (ii) Records requested by persons committed to or
13    detained by the Department of Human Services under the
14    Sexually Violent Persons Commitment Act or committed to the
15    Department of Corrections under the Sexually Dangerous
16    Persons Act if those materials: (i) are available in the
17    library of the facility where the individual is confined;
18    (ii) include records from staff members' personnel files,
19    staff rosters, or other staffing assignment information;
20    or (iii) are available through an administrative request to
21    the Department of Human Services or the Department of
22    Corrections.
23        (jj) (ii) Confidential information described in
24    Section 5-535 of the Civil Administrative Code of Illinois.
25        (kk) Information or materials received, generated, or
26    maintained by a State's Attorney or county sheriff as part



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1    of the criminal discovery process that the disclosure of
2    which would violate subsection (c) of Supreme Court Rule
3    415. This exemption applies regardless of whether the case
4    has concluded.
5    (1.5) Any information exempt from disclosure under the
6Judicial Privacy Act shall be redacted from public records
7prior to disclosure under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the public,
17except as stated in this Section or otherwise provided in this
19(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
2098-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
21revised 1-11-16.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.