Illinois General Assembly - Full Text of SB0526
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Full Text of SB0526  102nd General Assembly

SB0526 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0526

 

Introduced 2/23/2021, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7  from Ch. 116, par. 207

    Amends the Freedom of Information Act. Provides that records of any investigation by a law enforcement agency into a crime described in the Homicide Article of the Criminal Code of 2012, if the act occurred less than 80 years before the date of the request, are exempt from disclosure. Provides an exception to the protection from disclosure if the act was alleged to have been committed by a law enforcement officer.


LRB102 02778 HEP 12785 b

 

 

A BILL FOR

 

SB0526LRB102 02778 HEP 12785 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 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from
10disclosure under this Section, but also contains information
11that is not exempt from disclosure, the public body may elect
12to redact the information that is exempt. The public body
13shall make the remaining information available for inspection
14and copying. Subject to this requirement, the following shall
15be exempt from inspection and copying:
16        (a) Information specifically prohibited from
17    disclosure by federal or State law or rules and
18    regulations implementing federal or State law.
19        (b) Private information, unless disclosure is required
20    by another provision of this Act, a State or federal law or
21    a court order.
22        (b-5) Files, documents, and other data or databases
23    maintained by one or more law enforcement agencies and

 

 

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1    specifically designed to provide information to one or
2    more law enforcement agencies regarding the physical or
3    mental status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a
6    clearly unwarranted invasion of personal privacy, unless
7    the disclosure is consented to in writing by the
8    individual subjects of the information. "Unwarranted
9    invasion of personal privacy" means the disclosure of
10    information that is highly personal or objectionable to a
11    reasonable person and in which the subject's right to
12    privacy outweighs any legitimate public interest in
13    obtaining the information. The disclosure of information
14    that bears on the public duties of public employees and
15    officials shall not be considered an invasion of personal
16    privacy.
17        (d) Records in the possession of any public body
18    created in the course of administrative enforcement
19    proceedings, and any law enforcement or correctional
20    agency for law enforcement purposes, but only to the
21    extent that disclosure would:
22            (i) interfere with pending or actually and
23        reasonably contemplated law enforcement proceedings
24        conducted by any law enforcement or correctional
25        agency that is the recipient of the request;
26            (ii) interfere with active administrative

 

 

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1        enforcement proceedings conducted by the public body
2        that is the recipient of the request;
3            (iii) create a substantial likelihood that a
4        person will be deprived of a fair trial or an impartial
5        hearing;
6            (iv) unavoidably disclose the identity of a
7        confidential source, confidential information
8        furnished only by the confidential source, or persons
9        who file complaints with or provide information to
10        administrative, investigative, law enforcement, or
11        penal agencies; except that the identities of
12        witnesses to traffic accidents, traffic accident
13        reports, and rescue reports shall be provided by
14        agencies of local government, except when disclosure
15        would interfere with an active criminal investigation
16        conducted by the agency that is the recipient of the
17        request;
18            (v) disclose unique or specialized investigative
19        techniques other than those generally used and known
20        or disclose internal documents of correctional
21        agencies related to detection, observation or
22        investigation of incidents of crime or misconduct, and
23        disclosure would result in demonstrable harm to the
24        agency or public body that is the recipient of the
25        request;
26            (vi) endanger the life or physical safety of law

 

 

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1        enforcement personnel or any other person; or
2            (vii) obstruct an ongoing criminal investigation
3        by the agency that is the recipient of the request.
4        (d-5) A law enforcement record created for law
5    enforcement purposes and contained in a shared electronic
6    record management system if the law enforcement agency
7    that is the recipient of the request did not create the
8    record, did not participate in or have a role in any of the
9    events which are the subject of the record, and only has
10    access to the record through the shared electronic record
11    management system.
12        (e) Records that relate to or affect the security of
13    correctional institutions and detention facilities.
14        (e-5) Records requested by persons committed to the
15    Department of Corrections, Department of Human Services
16    Division of Mental Health, or a county jail if those
17    materials are available in the library of the correctional
18    institution or facility or jail where the inmate is
19    confined.
20        (e-6) Records requested by persons committed to the
21    Department of Corrections, Department of Human Services
22    Division of Mental Health, or a county jail if those
23    materials include records from staff members' personnel
24    files, staff rosters, or other staffing assignment
25    information.
26        (e-7) Records requested by persons committed to the

 

 

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1    Department of Corrections or Department of Human Services
2    Division of Mental Health if those materials are available
3    through an administrative request to the Department of
4    Corrections or Department of Human Services Division of
5    Mental Health.
6        (e-8) Records requested by a person committed to the
7    Department of Corrections, Department of Human Services
8    Division of Mental Health, or a county jail, the
9    disclosure of which would result in the risk of harm to any
10    person or the risk of an escape from a jail or correctional
11    institution or facility.
12        (e-9) Records requested by a person in a county jail
13    or committed to the Department of Corrections or
14    Department of Human Services Division of Mental Health,
15    containing personal information pertaining to the person's
16    victim or the victim's family, including, but not limited
17    to, a victim's home address, home telephone number, work
18    or school address, work telephone number, social security
19    number, or any other identifying information, except as
20    may be relevant to a requester's current or potential case
21    or claim.
22        (e-10) Law enforcement records of other persons
23    requested by a person committed to the Department of
24    Corrections, Department of Human Services Division of
25    Mental Health, or a county jail, including, but not
26    limited to, arrest and booking records, mug shots, and

 

 

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1    crime scene photographs, except as these records may be
2    relevant to the requester's current or potential case or
3    claim.
4        (f) Preliminary drafts, notes, recommendations,
5    memoranda and other records in which opinions are
6    expressed, or policies or actions are formulated, except
7    that a specific record or relevant portion of a record
8    shall not be exempt when the record is publicly cited and
9    identified by the head of the public body. The exemption
10    provided in this paragraph (f) extends to all those
11    records of officers and agencies of the General Assembly
12    that pertain to the preparation of legislative documents.
13        (g) Trade secrets and commercial or financial
14    information obtained from a person or business where the
15    trade secrets or commercial or financial information are
16    furnished under a claim that they are proprietary,
17    privileged, or confidential, and that disclosure of the
18    trade secrets or commercial or financial information would
19    cause competitive harm to the person or business, and only
20    insofar as the claim directly applies to the records
21    requested.
22        The information included under this exemption includes
23    all trade secrets and commercial or financial information
24    obtained by a public body, including a public pension
25    fund, from a private equity fund or a privately held
26    company within the investment portfolio of a private

 

 

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

 

 

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1    this paragraph (i) does not extend to requests made by
2    news media as defined in Section 2 of this Act when the
3    requested information is not otherwise exempt and the only
4    purpose of the request is to access and disseminate
5    information regarding the health, safety, welfare, or
6    legal rights of the general public.
7        (j) The following information pertaining to
8    educational matters:
9            (i) test questions, scoring keys and other
10        examination data used to administer an academic
11        examination;
12            (ii) information received by a primary or
13        secondary school, college, or university under its
14        procedures for the evaluation of faculty members by
15        their academic peers;
16            (iii) information concerning a school or
17        university's adjudication of student disciplinary
18        cases, but only to the extent that disclosure would
19        unavoidably reveal the identity of the student; and
20            (iv) course materials or research materials used
21        by faculty members.
22        (k) Architects' plans, engineers' technical
23    submissions, and other construction related technical
24    documents for projects not constructed or developed in
25    whole or in part with public funds and the same for
26    projects constructed or developed with public funds,

 

 

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1    including, but not limited to, power generating and
2    distribution stations and other transmission and
3    distribution facilities, water treatment facilities,
4    airport facilities, sport stadiums, convention centers,
5    and all government owned, operated, or occupied buildings,
6    but only to the extent that disclosure would compromise
7    security.
8        (l) Minutes of meetings of public bodies closed to the
9    public as provided in the Open Meetings Act until the
10    public body makes the minutes available to the public
11    under Section 2.06 of the Open Meetings Act.
12        (m) Communications between a public body and an
13    attorney or auditor representing the public body that
14    would not be subject to discovery in litigation, and
15    materials prepared or compiled by or for a public body in
16    anticipation of a criminal, civil, or administrative
17    proceeding upon the request of an attorney advising the
18    public body, and materials prepared or compiled with
19    respect to internal audits of public bodies.
20        (n) Records relating to a public body's adjudication
21    of employee grievances or disciplinary cases; however,
22    this exemption shall not extend to the final outcome of
23    cases in which discipline is imposed.
24        (o) Administrative or technical information associated
25    with automated data processing operations, including, but
26    not limited to, software, operating protocols, computer

 

 

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1    program abstracts, file layouts, source listings, object
2    modules, load modules, user guides, documentation
3    pertaining to all logical and physical design of
4    computerized systems, employee manuals, and any other
5    information that, if disclosed, would jeopardize the
6    security of the system or its data or the security of
7    materials exempt under this Section.
8        (p) Records relating to collective negotiating matters
9    between public bodies and their employees or
10    representatives, except that any final contract or
11    agreement shall be subject to inspection and copying.
12        (q) Test questions, scoring keys, and other
13    examination data used to determine the qualifications of
14    an applicant for a license or employment.
15        (r) The records, documents, and information relating
16    to real estate purchase negotiations until those
17    negotiations have been completed or otherwise terminated.
18    With regard to a parcel involved in a pending or actually
19    and reasonably contemplated eminent domain proceeding
20    under the Eminent Domain Act, records, documents, and
21    information relating to that parcel shall be exempt except
22    as may be allowed under discovery rules adopted by the
23    Illinois Supreme Court. The records, documents, and
24    information relating to a real estate sale shall be exempt
25    until a sale is consummated.
26        (s) Any and all proprietary information and records

 

 

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1    related to the operation of an intergovernmental risk
2    management association or self-insurance pool or jointly
3    self-administered health and accident cooperative or pool.
4    Insurance or self insurance (including any
5    intergovernmental risk management association or self
6    insurance pool) claims, loss or risk management
7    information, records, data, advice or communications.
8        (t) Information contained in or related to
9    examination, operating, or condition reports prepared by,
10    on behalf of, or for the use of a public body responsible
11    for the regulation or supervision of financial
12    institutions, insurance companies, or pharmacy benefit
13    managers, unless disclosure is otherwise required by State
14    law.
15        (u) Information that would disclose or might lead to
16    the disclosure of secret or confidential information,
17    codes, algorithms, programs, or private keys intended to
18    be used to create electronic or digital signatures under
19    the Electronic Commerce Security Act.
20        (v) Vulnerability assessments, security measures, and
21    response policies or plans that are designed to identify,
22    prevent, or respond to potential attacks upon a
23    community's population or systems, facilities, or
24    installations, the destruction or contamination of which
25    would constitute a clear and present danger to the health
26    or safety of the community, but only to the extent that

 

 

SB0526- 12 -LRB102 02778 HEP 12785 b

1    disclosure could reasonably be expected to jeopardize the
2    effectiveness of the measures or the safety of the
3    personnel who implement them or the public. Information
4    exempt under this item may include such things as details
5    pertaining to the mobilization or deployment of personnel
6    or equipment, to the operation of communication systems or
7    protocols, or to tactical operations.
8        (w) (Blank).
9        (x) Maps and other records regarding the location or
10    security of generation, transmission, distribution,
11    storage, gathering, treatment, or switching facilities
12    owned by a utility, by a power generator, or by the
13    Illinois Power Agency.
14        (y) Information contained in or related to proposals,
15    bids, or negotiations related to electric power
16    procurement under Section 1-75 of the Illinois Power
17    Agency Act and Section 16-111.5 of the Public Utilities
18    Act that is determined to be confidential and proprietary
19    by the Illinois Power Agency or by the Illinois Commerce
20    Commission.
21        (z) Information about students exempted from
22    disclosure under Sections 10-20.38 or 34-18.29 of the
23    School Code, and information about undergraduate students
24    enrolled at an institution of higher education exempted
25    from disclosure under Section 25 of the Illinois Credit
26    Card Marketing Act of 2009.

 

 

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

 

 

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1        (gg) Confidential information described in Section
2    1-100 of the Illinois Independent Tax Tribunal Act of
3    2012.
4        (hh) The report submitted to the State Board of
5    Education by the School Security and Standards Task Force
6    under item (8) of subsection (d) of Section 2-3.160 of the
7    School Code and any information contained in that report.
8        (ii) Records requested by persons committed to or
9    detained by the Department of Human Services under the
10    Sexually Violent Persons Commitment Act or committed to
11    the Department of Corrections under the Sexually Dangerous
12    Persons Act if those materials: (i) are available in the
13    library of the facility where the individual is confined;
14    (ii) include records from staff members' personnel files,
15    staff rosters, or other staffing assignment information;
16    or (iii) are available through an administrative request
17    to the Department of Human Services or the Department of
18    Corrections.
19        (jj) Confidential information described in Section
20    5-535 of the Civil Administrative Code of Illinois.
21        (kk) The public body's credit card numbers, debit card
22    numbers, bank account numbers, Federal Employer
23    Identification Number, security code numbers, passwords,
24    and similar account information, the disclosure of which
25    could result in identity theft or impression or defrauding
26    of a governmental entity or a person.

 

 

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1        (ll) (kk) Records concerning the work of the threat
2    assessment team of a school district.
3        (mm) Records of any investigation by a law enforcement
4    agency into a crime described in Article 9 of the Criminal
5    Code of 2012 or in Article 9 of the Criminal Code of 1961,
6    if the act occurred less than 80 years before the date of
7    the request, unless the act was alleged to have been
8    committed by a law enforcement officer.
9    (1.5) Any information exempt from disclosure under the
10Judicial Privacy Act shall be redacted from public records
11prior to disclosure under this Act.
12    (2) A public record that is not in the possession of a
13public body but is in the possession of a party with whom the
14agency has contracted to perform a governmental function on
15behalf of the public body, and that directly relates to the
16governmental function and is not otherwise exempt under this
17Act, shall be considered a public record of the public body,
18for purposes of this Act.
19    (3) This Section does not authorize withholding of
20information or limit the availability of records to the
21public, except as stated in this Section or otherwise provided
22in this Act.
23(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
24100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
251-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)