Illinois General Assembly - Full Text of SB0685
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Full Text of SB0685  102nd General Assembly

SB0685enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0685 EnrolledLRB102 12042 LNS 17378 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Domestic Violence Fatality Review Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Criminal Justice Information
8Authority Board.
9    "Case eligible for review" means the case based upon a
10qualifying relationship that the regional review teams can
11review under Section 70.
12    "Confidential information" means:
13        (1) oral, written, digital, or electronic original or
14    copied information, records, documents, photographs,
15    images, exhibits, or communications (i) obtained by the
16    Board, the Statewide Committee, or a regional review team
17    from a public body for the purpose of addressing whether a
18    case should be reviewed or for review of an eligible case
19    under this Act while in the possession of the Board,
20    Statewide Committee, or regional review team or (ii) in
21    the possession of, provided to, obtained by, shared with,
22    discussed by, created by, or maintained by the Board, the
23    Statewide Committee, or a regional review team for the

 

 

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1    purpose of addressing whether a case should be reviewed or
2    for review of an eligible case;
3        (2) any information that may be in the possession of
4    the Board, Statewide Committee, or a regional review team
5    that discloses the identities of victims, survivors,
6    deceased, or offenders, or their family members, or by
7    which their identities can be determined by a reasonably
8    diligent inquiry; and
9        (3) any discussions, deliberations, minutes, notes,
10    records, or opinions of the members of the Board,
11    Statewide Committee, or a regional review team with regard
12    to a case eligible for review to determine whether the
13    case should be reviewed or a review of an eligible case.
14    Confidential information does not mean nonidentifying or
15    aggregate data information or analysis of data, and
16    recommendations for community and systemic reform.
17    "Deceased" means anyone who died in connection with the
18actions of the offender, other than the victim, survivor, or
19offender.
20    "Domestic violence" means abuse as it is defined in
21Section 103 of the Illinois Domestic Violence Act of 1986 and
22paragraph (1) of subsection (b) of Section 112A-3 of the Code
23of Criminal Procedure of 1963.
24    "Domestic violence fatality review" means the deliberative
25process of multiagency and multidisciplinary teams that select
26eligible cases of domestic violence related fatalities and

 

 

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1near-fatalities, and trace prior systemic interventions and
2involvement to:
3        (1) examine barriers to safety, justice,
4    self-determination, and equity;
5        (2) identify systemic and community gaps and consider
6    alternate and more effective systemic responses; and
7        (3) develop recommendations for greater coordinated
8    and improved community and systemic response and
9    prevention initiatives to domestic violence in order to
10    reduce the occurrence, frequency, and severity of domestic
11    violence and prevent fatalities and near-fatalities.
12    "Familicide" means the killing of a family, including one
13or both parents and any children, by a family member.
14    "Fatality" means death caused by suicide or homicide.
15    "Near-fatality" means a death that nearly occurred by
16means of suicide or homicide, or an injury that could have
17resulted in death.
18    "Offender" means the person who inflicted domestic
19violence upon the victim and caused the victim's death, or the
20person who inflicted domestic violence upon a survivor.
21"Offender" includes a person who is deceased or alive, and is
22not required to have been the subject of a criminal
23investigation or prosecution.
24    "Regional domestic violence fatality review team" or
25"regional review team" means a multiagency and
26multidisciplinary team that selects and reviews eligible cases

 

 

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1in accordance with Section 45.
2    "Statewide Committee" means the Ad Hoc Statewide Domestic
3Violence Fatality Review Committee of the Illinois Criminal
4Justice Information Authority Board.
5    "Survivor" means a person who experienced domestic
6violence and is alive.
7    "Victim" means the person who experienced domestic
8violence and is deceased, including by means of homicide or
9suicide.
 
10    Section 10. Findings. The General Assembly finds and
11declares the following:
12    (a) Over 10,000,000 people in the United States experience
13physical domestic violence by a current or former partner each
14year.
15    (b) According to the Centers for Disease Control and
16Prevention of the United States Department of Health and Human
17Services, domestic violence accounts for 15% of all violent
18crime in the United States, and in this State, 42% of women and
1926% of men have been harmed by an intimate partner in their
20lifetime.
21    (c) According to the U.S. Department of Justice,
22nationwide approximately 1 in 4 women and nearly 1 in 7 men
23experience severe physical violence resulting from domestic
24violence by an intimate partner at some point in their
25lifetime.

 

 

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1    (d) The Illinois Criminal Justice Information Authority
2found that while the actual number of domestic violence
3incidents are underreported, in this State over 100,000
4domestic violence offenses were reported to law enforcement
5each year between 2005 and 2017. Between 400,000 and nearly
6600,000 orders of protection were filed each year between 2005
7and 2017.
8    (e) From 2001 to 2018, State domestic violence agencies
9served nearly 800,000 adults and children, at an average of
1057,684 clients per year, according to the Illinois Criminal
11Justice Information Authority.
12    (f) Domestic violence related homicides account for nearly
131 in 5 murders in the United States. According to the National
14Coalition Against Domestic Violence, female homicide victims
15are substantially more likely than male homicide victims to
16have been killed by an intimate partner. One in 3 female murder
17victims are killed by intimate partners. About 4% of male
18homicide victims were killed by an intimate partner.
19Nationwide, 72% of all homicide-suicides involved an intimate
20partner of which 94% of the murdered victims are women.
21    (g) The Illinois Criminal Justice Information Authority
22found that 15% of all homicides in this State are connected to
23domestic violence, such that at least 130 domestic violence
24related homicides occurred in this State during 2019. The
25Illinois Coalition Against Domestic Violence found that
26domestic violence fatalities occurred across at least 26

 

 

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1counties and included at least 7 children between July 2019
2and June 2020.
3    (h) The Illinois Criminal Justice Information Authority
4found that the estimated financial impact of domestic violence
5homicides reported in this State during 2019 would total
6nearly $1.2 billion.
7    (i) Nearly all familicides involve a history of domestic
8violence.
9    (j) Effective responses to domestic violence and domestic
10violence related fatalities involve governmental, social
11services, and other systems in the community. A coordinated
12and consistent approach among community and system points of
13intervention are important to fostering the safety, stability,
14well-being and healing of survivors, and facilitating
15meaningful engagement with and sustainable accountability for
16offenders.
17    (k) Domestic violence transcends boundaries of race,
18religion, ethnicity, sexual orientation, gender identity,
19disability, culture, socioeconomic status, and geography.
20    (l) Domestic violence related fatalities and
21near-fatalities are experienced and responded to differently
22in historically marginalized communities. The communities and
23systems that victims, survivors, and offenders engage with in
24historically marginalized communities are typically those with
25power imbalances often rooted in systemic racism and
26oppression. Women of color, in particular, face additional

 

 

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1barriers and gaps in accessing systemic and community
2responses aimed at reducing domestic violence related
3fatalities and near-fatalities.
4    (m) Over 200 domestic violence fatality review teams exist
5across the United States. Those teams are engaged in systems
6reform in order to improve the response to domestic violence
7and reduce and prevent domestic violence related fatalities
8and near-fatalities.
9    (n) Domestic violence related fatalities and
10near-fatalities can be prevented, and the use of regional
11domestic violence fatality review teams under the leadership,
12guidance, and technical assistance of the Statewide Committee
13in support of the regional teams is an effort toward such
14prevention.
 
15    Section 15. Purposes. The purposes of this Act are:
16    (1) To create the Ad Hoc Statewide Domestic Violence
17Fatality Review Committee of the Illinois Criminal Justice
18Information Authority Board to support domestic violence
19fatality review in this State.
20    (2) To establish regional domestic violence fatality
21review teams that engage in domestic violence fatality review
22in this State in order to foster systemic reform that aims to:
23        (A) reduce domestic violence and domestic violence
24    related fatalities and near-fatalities in this State;
25        (B) address disparate and discriminatory practices and

 

 

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1    attitudes in the systems that interact with victims,
2    survivors, and offenders; and
3        (C) reduce the cost on society of domestic violence
4    and domestic violence related fatalities and
5    near-fatalities by:
6            (i) reviewing selected cases eligible for review;
7            (ii) examining how systems have responded to
8        individual experiences;
9            (iii) identifying gaps and barriers to effective
10        and equitable responses that promote safety,
11        stability, well-being, healing, and accountability;
12        and
13            (iv) recommending strategies to improve community
14        and systemic responses to domestic violence in order
15        to foster points of intervention and support that are
16        effective, coordinated, collaborative, consistent,
17        just, and equitable.
 
18    Section 20. Ad Hoc Statewide Domestic Violence Fatality
19Review Committee of the Illinois Criminal Justice Information
20Authority Board. The Ad Hoc Statewide Domestic Violence
21Fatality Review Committee of the Illinois Criminal Justice
22Information Authority Board is hereby created to provide
23guidance, leadership, technical assistance, research, and
24other supports to the regional domestic violence fatality
25review teams in carrying out their responsibilities under this

 

 

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1Act, and to serve as a statewide resource for addressing
2domestic violence related fatalities and near-fatalities as
3well as other forms of abuse connected to domestic violence.
 
4    Section 25. Membership of the Statewide Committee.
5    (a) The Statewide Committee shall consist of the following
6voting members and nonvoting ex officio members. The voting
7membership shall have racial, ethnic, gender, and geographic
8diversity and include the following:
9        (1) Four members of the General Assembly as follows: 2
10    members of the Senate, one member appointed by the
11    President of the Senate and one member appointed by the
12    Senate Minority Leader; 2 members of the House of
13    Representatives, one member appointed by the Speaker of
14    the House and one member appointed by the House Minority
15    Leader.
16        (2) One member of the Governor's policy leadership
17    team appointed by the Governor.
18        (3) Up to 20 public members designated by the Board
19    Chairperson, including:
20            (A) Four members representing different regional
21        review teams established under this Act, or at-large
22        members in accordance with subparagraph (I) if 4
23        regional review teams have not yet been established at
24        the time of appointment.
25            (B) Two members representing statewide, regional,

 

 

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1        or local organizations that advocate on behalf of
2        survivors of domestic violence.
3            (C) Two members who are domestic violence
4        survivors, one of whom may be a family member of a
5        victim of domestic violence related fatality or
6        near-fatality.
7            (D) Four social service providers representing
8        different geographic areas of the State whose
9        significant purpose is to provide services to
10        survivors of domestic violence.
11            (E) Two social service providers who have
12        significant experience working with domestic violence
13        offenders.
14            (F) One physician licensed by the State whose
15        State practice focuses on emergency medicine.
16            (G) One member of the Illinois Association of
17        Chiefs of Police recommended by the Association
18        Director or President.
19            (H) One member of the Illinois Sheriffs'
20        Association recommended by the Association Director or
21        President.
22            (I) Three at-large members who have substantial
23        expertise and experience in the response to or
24        prevention of domestic violence and domestic violence
25        related fatalities and near-fatalities, or a related
26        skill or expertise.

 

 

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1    (b) The following, or a designee, shall serve as nonvoting
2ex officio members of the Statewide Committee: the Lieutenant
3Governor; the Secretary of Human Services; the Director of
4Public Health; the Attorney General; the Director of the
5Illinois State Police; the Director of Children and Family
6Services; the Director of the Illinois Criminal Justice
7Information Authority; the Director of the Office of the
8State's Attorney Appellate Prosecutor; the Director of the
9Office of the State Appellate Defender; and the Director of
10the Administrative Office of the Illinois Courts.
 
11    Section 30. Statewide Committee terms of members;
12vacancies.
13    (a) Terms of the original voting members shall be
14staggered as follows: one-half shall be designated for 2-year
15terms and one-half shall be designated for 3-year terms. The
16length of the initial terms of each original voting member
17shall be drawn by lot at the first meeting held by the
18Statewide Committee and shall be recorded as part of the
19minutes of the meeting. After the initial term, each term
20shall be for 3 years. Length of terms of co-chairs, the
21secretary, and other officers coincide with Statewide
22Committee members' terms.
23    (b) The Board Chairperson shall designate members to fill
24vacancies in accordance with Section 25. A member whose term
25has expired may serve until a successor is appointed and

 

 

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1accepts the appointment.
 
2    Section 35. Statewide Committee quorum; meetings;
3compensation.
4    (a) A quorum shall consist of 7 of the voting members of
5the Statewide Committee.
6    (b) The first meeting of the Statewide Committee shall
7occur by January 15, 2022. At the first meeting and at
8subsequent meetings when terms expire, the voting members
9shall elect 2 co-chairs and a secretary from among the voting
10members and may elect any other officers and other officers
11the voting members deem necessary to carry out the duties and
12responsibilities of the Statewide Committee.
13    (c) The Statewide Committee shall meet at least quarterly
14each State fiscal year. Additional meetings may be called by
15the co-chairs, after at least 7 days prior notice to the
16Statewide Committee members, or upon a written request signed
17by at least 5 Statewide Committee members to the co-chairs for
18a meeting request. Meetings may be held by a virtual meeting
19format during a public health emergency or disaster
20proclamation declared by the Governor, or at the discretion of
21the co-chairs.
22    (d) The meetings of the Statewide Committee are subject to
23the Open Meetings Act, except the following shall occur in
24closed executive sessions not subject to the requirements of
25the Open Meetings Act:

 

 

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1        (1) discussions about personnel matters, confidential
2    information as defined by Section 5, or cases eligible for
3    review under Section 70; and
4        (2) conducting a domestic violence fatality review.
5    (e) The members shall receive no compensation for their
6service as members of the Statewide Committee, but may receive
7reimbursement for actual expenses incurred in the performance
8of their duties, subject to the availability of funds for that
9purpose.
 
10    Section 40. Duties and responsibilities of the Statewide
11Committee.
12    (a) The Statewide Committee shall carry out the following
13duties and responsibilities:
14        (1) Subject to available funds, hire or assign a
15    full-time Program Manager to carry out the duties and
16    responsibilities of the Statewide Committee and the
17    purposes of this Act. The Program Manager may hire
18    additional staff, subject to the availability of funds for
19    that purpose and subject to the approval of the Board. The
20    Statewide Committee and regional review teams can operate
21    without an acting Program Manager.
22        (2) Establish and maintain an Internet website.
23        (3) Prepare an annual budget that includes
24    compensation for the Program Manager and staff, and
25    financial reimbursement to regional review team members or

 

 

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1    teams for actual expenses incurred in the performance of
2    their duties, subject to the availability of funds for
3    that purpose.
4        (4) Facilitate the establishment and implementation of
5    regional review teams across the State over 6 years after
6    the effective date of this Act and collaboratively develop
7    regional implementation plans and procedures.
8        (5) Provide training and ongoing technical assistance
9    to regional review teams.
10        (6) Conduct, or assist in conducting, regional
11    domestic violence fatality reviews if requested by
12    regional review teams in specific cases.
13        (7) Develop model confidentiality agreement, policies,
14    and procedures for the use of regional review teams.
15        (8) Develop guidelines for the annual and biennial
16    reports of the Statewide Committee and the regional review
17    teams pursuant to this Section and Section 65.
18        (9) Appoint the initial members of each regional
19    review team in accordance with Section 50 or designate a
20    founding member of a regional review team to form the
21    remainder of the regional review team in accordance with
22    Section 50, unless the regional review team has been
23    formed prior to the effective date of this Act or elects to
24    form without the involvement of the Statewide Committee.
25        (10) Create a process whereby the Statewide Committee
26    shall annually officially recognize regional review teams

 

 

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1    that are formed and operated in substantial compliance
2    with the requirements of this Act, and nonrecognize those
3    regional review teams that are substantially out of
4    compliance after reasonable efforts are made by the
5    Statewide Committee to engage the regional review team's
6    co-chairs and other regional stakeholders to facilitate
7    corrective actions to bring the regional review team into
8    substantial compliance. A nonrecognized regional review
9    team no longer has the authority to operate under this
10    Act, however, nonrecognition would not preclude the
11    formation of a new regional review team for the affected
12    region.
13        (11) Review, analyze, maintain, and securely store
14    regional review team reports and recommendations submitted
15    by each regional review team as required by Section 65.
16        (12) File an annual report with the Governor and the
17    General Assembly on the operations and activities of the
18    Statewide Committee and of the regional review teams. The
19    first report shall be due no later than March 1, 2023, and
20    each subsequent report shall be due no later than March 1
21    of each year thereafter. The annual report shall be made
22    publicly available on the Statewide Committee's Internet
23    website.
24        (13) In even numbered years, file a substantive
25    biennial report reviewing and analyzing the data and
26    recommendations collected from the reports of the regional

 

 

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1    review teams. The biennial report shall include specific
2    recommendations for legislative, systemic, policy, and any
3    other changes to reduce domestic violence and domestic
4    violence related fatalities and near-fatalities. The first
5    report shall be due no later than April 1, 2024, and each
6    subsequent report shall be due no later than April 1 of
7    each even year thereafter. The biennial report shall be
8    made publicly available on the Statewide Committee's
9    Internet website.
10    (b) The Statewide Committee may carry out the following
11duties and responsibilities:
12        (1) After a vote by the majority of the voting
13    Statewide Committee members or a decision by the
14    co-chairs, establish one or more subcommittees or task
15    forces to address specific issues regarding domestic
16    violence, domestic violence fatalities and
17    near-fatalities, domestic violence fatality review, or
18    other related issues or subject matters, and may invite
19    nonmembers with expertise on the issue or subject matter
20    to serve on the subcommittee or task force. Each
21    subcommittee or task force shall be chaired by a member of
22    the Statewide Committee.
23        (2) Advise the Governor and General Assembly on
24    domestic violence, domestic violence fatalities and
25    near-fatalities, domestic violence fatality review, data,
26    and related topics or policies.

 

 

SB0685 Enrolled- 17 -LRB102 12042 LNS 17378 b

1        (3) Engage nonmember stakeholders in reviewing
2    selected recommendations from the regional review teams in
3    accordance with notions of fairness, equity, justice, due
4    process, and practicality.
5        (4) Analyze data and identify trends related to
6    domestic violence and domestic violence related fatalities
7    and near-fatalities, and develop mechanisms for
8    collecting, analyzing, and storing data that it collects
9    or that is provided by the regional review teams.
10        (5) Adopt administrative rules in order to implement
11    this Act.
12        (6) Subject to the availability of funding and
13    approval by a vote of the majority of the Statewide
14    Committee members, engage with and enter into contracts
15    with a higher education institution or research entity for
16    research, analysis, training, and educational purposes in
17    furtherance of the purposes of this Act. Statewide
18    Committee members or Statewide Committee staff shall not
19    share information with contractors that would disclose the
20    identities of victims, survivors, deceased, offenders, and
21    their family members or by which their identities can be
22    determined by a reasonably diligent inquiry.
23        (7) Support the implementation of systemic and
24    community reform recommendations in order to advance the
25    purposes of this Act.
26        (8) Adopt notice of funding opportunities, award

 

 

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1    grants, or enter into contracts with statewide or local
2    organizations that advocate on behalf of survivors.
3        (9) Assign any responsibilities under this Section.
4        (10) Engage in any other activities that enable the
5    Statewide Committee, its staff, and the regional review
6    teams to carry out the purposes of this Act.
 
7    Section 45. Regional domestic violence fatality review
8teams. A regional domestic violence fatality review team may
9be established within the boundaries of each judicial circuit.
10Once a review team is established within the boundaries of the
11judicial circuit, the team may establish one or more subteams
12to efficiently and effectively carry out the responsibilities
13of the regional review team and conduct domestic violence
14fatality review.
 
15    Section 50. Membership of regional domestic violence
16fatality review teams. Each regional review team shall, at a
17minimum, include the following members from within the
18boundaries of the judicial circuit:
19    (1) a State's Attorney or Assistant State's Attorney;
20    (2) a public defender or other criminal defense lawyer;
21    (3) a coroner or medical examiner;
22    (4) a Sheriff, Deputy Sheriff, Chief of Police, or other
23law enforcement officer with experience in domestic violence
24cases;

 

 

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1    (5) a social service provider whose significant role is to
2provide services to survivors of domestic violence;
3    (6) a social service provider who has significant
4experience working with domestic violence offenders, if
5available in the region;
6    (7) a civil legal services lawyer or pro bono lawyer
7connected with a civil legal services program; and
8    (8) at least 2 of the following members: a public health
9official; a physician licensed by the State who specializes in
10emergency medicine; an advanced practice registered nurse; a
11licensed mental health professional such as a psychiatrist,
12clinical psychologist, licensed clinical professional
13counselor, or licensed clinical social worker; a circuit judge
14or associate judge; a clerk of the circuit court or other
15elected or appointed court official; an administrative law
16judge; an emergency medical technician, paramedic, or other
17first responder; a local or regional elected official or State
18legislator; a representative from the private business sector;
19a member of the clergy or other representative of the faith
20community; a public housing authority administrator or
21manager; an alcohol and substance abuse treatment
22professional; a probation or parole officer; a child welfare
23administrator, caseworker, or investigator; a public school
24administrator, teacher, or school support staff person
25licensed and endorsed by the Illinois State Board of
26Education; a representative of a State university or community

 

 

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1college; a social science researcher or data analyst; a
2survivor or a family member or friend of a survivor or victim;
3a supervised child visitation or child exchange staff person;
4or a member of the public at-large who has the education,
5training, or experience to carry out the purposes of the
6regional review team.
 
7    Section 55. Terms of regional review team members;
8vacancies.
9    (a) Terms of the original regional team members shall be
10staggered as follows: one-half of the initial members of the
11review team shall serve 2-year terms, and one-half of the
12initial members shall serve 3-year terms. The initial terms
13shall be drawn by lot at the first meeting of the review team.
14Following the initial terms, each member of the review team
15shall serve 3-year terms. No member shall serve more than 2
16consecutive terms. Length of terms of co-chairs, the
17secretary, and other officers coincide with regional review
18team membership terms.
19    (b) Vacancies shall be filled by individuals who meet the
20requirements of Section 50 either by an application process or
21upon the recommendation of a member of the regional review
22team, and approved by a vote of the majority of the regional
23review team members. Vacancies occurring during a term shall
24be filled to complete the current term. Members whose terms
25have expired may continue to serve until a new member is

 

 

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1appointed. Former members are eligible for reappointment after
2the expiration of at least 12 months following their last date
3of service.
 
4    Section 60. Regional review team quorum; meetings;
5compensation.
6    (a) All members of the regional review team are voting
7members. Five members of the regional review team shall
8constitute a quorum.
9    (b) At the first meeting and at subsequent meetings when
10terms expire, the regional review team shall elect 2 co-chairs
11and a secretary and may elect any other officers the voting
12members deem necessary to carry out the duties and
13responsibilities of the regional review team.
14    (c) Each regional review team shall meet at least
15quarterly on a date and at a time and location determined by
16the co-chairs. Additional meetings may be convened by the
17co-chairs upon at least 7 days' prior written notice to the
18regional review team members, or upon the written request by
19at least 5 regional review team members to the co-chairs.
20Meetings may be held by virtual meeting format during a public
21health emergency or disaster proclamation declared by the
22Governor, or at the discretion of the co-chairs.
23    (d) Members of regional review teams are not entitled to
24compensation, but may receive reimbursement for actual
25expenses incurred in the performance of their duties, subject

 

 

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1to the availability of State or local funds for such purposes.
 
2    Section 65. Duties and responsibilities of the regional
3domestic violence fatality review team.
4    (a) Each regional review team shall carry out the
5following duties and responsibilities:
6        (1) Form a regional review team in accordance with
7    Sections 50 and 55.
8        (2) Report the names, professional titles, if
9    applicable, and business contact information of each
10    review team member to the Statewide Committee and inform
11    the Statewide Committee in a timely manner of any changes
12    to the membership of the regional review team.
13        (3) Create a secure system of maintaining and storing
14    minutes, correspondence, and confidential information
15    related to the regional review team and the domestic
16    violence fatality reviews.
17        (4) Ensure that each member of the regional review
18    team participates in trainings and technical assistance
19    provided by the Statewide Committee and other
20    professionals.
21        (5) Meet at least quarterly and maintain minutes of
22    the business conducted by the regional review team at each
23    meeting.
24        (6) Establish priorities for reviewing eligible cases
25    that consider, in part, demographic and case type

 

 

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1    diversity.
2        (7) Based upon information available from a variety of
3    sources, consider cases eligible for review in accordance
4    with Section 70.
5        (8) Vote by a majority of the regional review team
6    members to review a specific case based upon various
7    factors, including the priorities by the regional review
8    team.
9        (9) Invite and coordinate with the specific people
10    designated in Section 50 who were involved in the selected
11    domestic violence related fatality or near-fatality to
12    participate in the domestic violence fatality review.
13    Members of the regional review team may also participate
14    directly in the domestic violence fatality review.
15        (10) Execute a confidentiality agreement with each
16    member of the regional review team and participant of a
17    domestic violence fatality review in accordance with
18    Section 75.
19        (11) Conduct a domestic violence fatality review of at
20    least 2 eligible cases per calendar year, or, if the
21    regional review team is unable to complete at least 2
22    reviews in a given year, provide an explanation to the
23    Statewide Committee in the regional review team's annual
24    report pursuant to paragraph (12).
25        (12) Prepare and submit an annual report to the
26    Statewide Committee on the operations and activities of

 

 

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1    the regional review team in accordance with guidelines
2    established by the Statewide Committee. The initial report
3    shall be due on March 1 following the formation of the
4    regional review team and subsequent reports shall be
5    submitted no later than March 1 of each year thereafter.
6        (13) On odd numbered years, prepare and submit to the
7    Statewide Committee a biennial report based upon the
8    domestic violence fatality reviews of the corresponding
9    time period. The biennial report shall include specific
10    recommendations for legislative, systemic, policy, and any
11    other changes to reduce domestic violence and domestic
12    violence related fatalities and near-fatalities. These
13    recommendations will be reviewed by the Statewide
14    Committee according to Section 40 and will, in part,
15    inform the Statewide Committee's biennial report on even
16    years. Any information that identifies the victims,
17    survivors, deceased, or offenders, or their family members
18    or any information by which their identities can be
19    determined by a reasonably diligent inquiry shall not be
20    disclosed in any domestic violence fatality review
21    biennial report or by any other means. Any narrative of
22    nonidentifying facts will be limited to those essential
23    and indispensable to the explanation of data analysis or a
24    recommendation for reform. Aggregate and nonidentifying
25    data, including demographics, may be included in the
26    biennial report. The first biennial report shall be due no

 

 

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1    later than April 1, 2023, and each subsequent report shall
2    be due no later than April 1 of each odd year thereafter.
3    (b) Each regional review team may carry out the following
4duties and responsibilities:
5        (1) Collect and analyze data from its regional area
6    regarding cases eligible for review that were and were not
7    reviewed by the regional review team for purposes of
8    identifying patterns and making recommendations for
9    community and systemic reforms.
10        (2) Subject to the availability of funding and
11    approval by a vote of the majority of the regional review
12    team members, engage with and enter into contracts with a
13    higher education institution or research entity for
14    research, analysis, training, and educational purposes in
15    furtherance of the purposes of this Act. Regional review
16    team members shall not share information with contractors
17    that would disclose the identities of victims, survivors,
18    deceased, offenders, and their family members or by which
19    their identities can be determined by a reasonably
20    diligent inquiry.
21        (3) Seek funds to support the operations of the
22    regional review team and the facilitation of domestic
23    violence fatality reviews.
24        (4) Support the implementation of systemic and
25    community reform recommendations in order to advance the
26    purposes of this Act.

 

 

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1        (5) Engage in any other activities that enable the
2    regional review team to carry out the purposes of this
3    Act.
 
4    Section 70. Case eligible for review by regional review
5team. A case eligible for review shall include a fatality or
6near-fatality that occurred within the geographic boundaries
7of the judicial circuit covered by the regional review team
8and a qualifying relationship.
9    (a) A fatality or near-fatality includes at least one of
10the following:
11        (1) a homicide, as defined in Article 9 of the
12    Criminal Code of 2012 in which:
13            (A) the offender causes the death of the victim,
14        the deceased, or others; or
15            (B) the survivor causes the death of the offender,
16        the deceased, or others;
17        (2) a suicide or attempted suicide of the offender;
18        (3) a suicide of the victim;
19        (4) a suicide attempt of the survivor;
20        (5) a familicide in which the offender causes the
21    death of the victim and other members of the victim's
22    family including, but not limited to, minor or adult
23    children and parents;
24        (6) the near-fatality of a survivor caused by the
25    offender;

 

 

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1        (7) the near-fatality of an offender caused by the
2    survivor; or
3        (8) any other case involving domestic violence if a
4    majority of the regional review team vote that a review of
5    the case will advance the purposes of this Act.
6    (b) A qualifying relationship between the offender and the
7victim or survivor shall include instances or a history of
8domestic violence perpetrated by the offender against the
9victim or survivor and at least one of the following
10circumstances:
11        (1) the offender and the victim or survivor:
12            (A) resided together or shared a common dwelling
13        at any time;
14            (B) have or are alleged to have a child in common;
15        or
16            (C) are or were engaged, married, divorced,
17        separated, or had a dating or romantic relationship,
18        regardless of whether they had sexual relations;
19        (2) the offender stalked the victim or survivor as
20    described in Section 12-7.3 of the Criminal Code of 2012;
21        (3) the victim or survivor filed for an order of
22    protection against the offender under the Illinois
23    Domestic Violence Act of 1986 or Section 112A-2.5 of the
24    Code of Criminal Procedure of 1963;
25        (4) the victim or survivor filed for a civil no
26    contact order against the offender under the Civil No

 

 

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1    Contact Order Act or Section 112A-14.5 of the Code of
2    Criminal Procedure of 1963;
3        (5) the victim or survivor filed for a stalking no
4    contact order against the offender under the Stalking No
5    Contact Order Act or Section 112A-2.5 of the Code of
6    Criminal Procedure of 1963;
7        (6) the offender violated an order of protection,
8    civil no contact order, or stalking no contact order
9    obtained by the victim or survivor;
10        (7) the deceased resided in the same household as, was
11    present at the workplace of, was in the proximity of, or
12    was related by blood or affinity to a victim or survivor;
13        (8) the deceased was a law enforcement officer,
14    emergency medical technician, or other responder to a
15    domestic violence incident between the offender and the
16    victim or survivor; or
17        (9) a relationship between the offender and the
18    victim, survivor, or deceased exists that a majority of
19    the regional review team votes warrants review of the case
20    to advance the purposes of this Act.
21    (c) A case eligible for review does not require criminal
22charges or a conviction.
23    (d) Any criminal investigation, civil, criminal, or
24administrative proceeding, and appeals shall be complete for a
25case to be eligible for review.
 

 

 

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1    Section 75. Confidentiality of regional review teams,
2information, and domestic violence fatality reviews.
3    (a) Meetings in which regional review teams are engaged in
4a domestic violence fatality review or in which confidential
5information is shared or disclosed are closed to the public
6and not subject to Section 2 of the Open Meetings Act.
7    (b) Unless otherwise available and lawfully obtained
8through another source pursuant to an applicable law that
9allows the disclosure and release of the information,
10confidential information in the possession of a regional
11review team is not:
12        (1) subject to disclosure by the Board, Statewide
13    Committee, or a regional review team under the Freedom of
14    Information Act, and this exemption does not extend to
15    other public bodies unless otherwise provided by law;
16        (2) subject to subpoena and discovery under Section
17    2-402 of the Code of Civil Procedure, Article 115 of the
18    Code of Criminal Procedure of 1963, or Illinois Supreme
19    Court Rule 412; and
20        (3) admissible as evidence in any civil or criminal
21    proceeding.
22    (c) Confidential information in the possession of a
23regional review team shall not be disclosed, released, or
24shared except as follows:
25        (1) among Statewide Committee members or Statewide
26    Committee staff pursuant to the review of an eligible

 

 

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1    case;
2        (2) among regional review team members to determine
3    whether a case is eligible for review or whether an
4    eligible case should be reviewed;
5        (3) among regional review team members and
6    participants during a domestic violence fatality review;
7    or
8        (4) a regional review team votes to share confidential
9    information for solely educational or research purposes,
10    consistent with State or federal law, as long as the
11    information disclosed does not include the identities of
12    victims, survivors, deceased, or offenders, or their
13    family members or any information by which their
14    identities can be determined by a reasonably diligent
15    inquiry.
16    (d) All Statewide Committee members, Statewide Committee
17subcommittee members, Statewide Committee staff, all members
18of each regional review team, and any other person who
19participates in any manner in a review of an eligible case by a
20regional review team shall execute a confidentiality agreement
21based upon a model confidentiality agreement developed by the
22Statewide Committee or a document substantially similar to the
23Statewide Committee's model document that acknowledges and
24agrees to comply with the responsibility not to disclose or
25release confidential information. All executed confidentiality
26agreements shall be maintained by the Statewide Committee and

 

 

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1by each regional review team, respectively.
2    (e) Members and staff of the Board, Statewide Committee,
3and members of a regional review team or participants of a
4domestic violence fatality review cannot be subject to
5examination or compelled to disclose or release confidential
6information in any administrative, civil or criminal
7proceeding, except for information that is otherwise available
8and lawfully obtained through another source pursuant to an
9applicable law that allows the disclosure and release of the
10information.
 
11    Section 80. Access to records and information.
12    (a) Upon the oral or written request by a regional review
13team, records and oral or written information relevant to the
14purposes of domestic violence fatality review and to the
15responsibilities of the regional review team shall be provided
16free of charge by the following: State and local governmental
17agencies and officials; medical and dental providers; domestic
18violence offender and partner abuse intervention service
19providers; child care providers; and employers. Examples of
20records and oral or written information that may be requested
21include, but are not limited to: guardian ad litem reports;
22parenting evaluations; victim impact statements; mental health
23evaluations submitted to a court; probation information,
24presentence interviews, and reports; recommendations made
25regarding bail and release on own recognizance; child welfare

 

 

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1reports and information; Child Advocacy Center reports and
2information; law enforcement incident reports, dispatch
3records, statements of victims, witnesses and suspects,
4supplemental reports, and probable cause statements; 9-1-1
5call-taker's reports; correction and post-sentence probation
6or supervision reports; medical, hospital, and dental
7treatment records; school records and information; child care
8records and information; and employer records and information.
9The records and oral or written information may be provided
10for purposes of domestic violence fatality review without
11authorization of the person or persons to whom the records and
12oral or written information relate.
13    (b) The records and oral or written information described
14in this Section provided to a regional review team or in a
15domestic violence fatality review become confidential
16information as defined in this Act. The Statewide Committee,
17regional review teams, and any other participant in a domestic
18violence fatality review shall maintain the confidentiality
19and shall not disclose or release the confidential information
20received, shared, or obtained.
21    (c) Nothing in this Act shall:
22        (1) limit public access to records or information that
23    are lawfully available; or
24        (2) change the confidentiality and privilege of
25    communications under the Illinois Domestic Violence Act of
26    1986, Section 8-802.1 of the Code of Civil Procedure, the

 

 

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1    Mental Health and Developmental Disabilities Code, 42 CFR
2    2.15, Section 40002(b)(2) of the Violence Against Women
3    Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28
4    CFR 94.115.
5    (d) The Statewide Committee or a regional review team may
6request and obtain information and records from outside the
7State by any available legal means.
 
8    Section 85. Storage and destruction of confidential
9information.
10    (a) Following a domestic violence fatality review,
11participants who brought or provided confidential information
12may return to their possession the confidential information,
13shall not disclose or share the confidential information
14unless otherwise allowed by State or federal law or not
15otherwise privileged, and may destroy the confidential
16information unless otherwise prohibited by State or federal
17law. Confidential information subject to immediate destruction
18shall be destroyed as provided under the State Records Act or
19Local Records Act.
20    (b) Following a domestic violence fatality review, if one
21of the co-chairs of the regional review team is employed by a
22public or governmental agency, the co-chair of the regional
23review team will store at the place of employment or virtually
24on the confidential electronic database or other technology
25any remaining confidential information and will maintain the

 

 

SB0685 Enrolled- 34 -LRB102 12042 LNS 17378 b

1confidentiality of the information. If neither of the
2co-chairs of the regional review team are employed by a public
3or governmental agency, the co-chairs will designate a member
4of the regional review team employed by a public or
5governmental agency to store at the place of the member's
6employment or virtually on the member's confidential
7electronic database or other technology any remaining
8confidential information and will maintain the confidentiality
9of the information. One year following the submission of the
10regional review team's biennial report pursuant to Section 65,
11the co-chair or a designee shall destroy the confidential
12information.
 
13    Section 90. Penalty for unlawful disclosure of
14confidential information. Anyone who discloses, receives,
15makes use of, or knowingly permits the use of any confidential
16information in violation of this Act commits a Class A
17misdemeanor.
 
18    Section 95. Immunity. If acting in good faith, without
19malice, and within the protocols established by the Statewide
20Committee and the regional review team, members of the
21Statewide Committee and regional review team, and anyone
22participating in a domestic violence fatality review shall
23have immunity from administrative, civil, or criminal
24liability for an act or omission related to the participation

 

 

SB0685 Enrolled- 35 -LRB102 12042 LNS 17378 b

1in a domestic violence fatality review, notwithstanding
2Section 90.
 
3    Section 900. The Open Meetings Act is amended by changing
4Section 2 as follows:
 
5    (5 ILCS 120/2)  (from Ch. 102, par. 42)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational
24    setting, or specific volunteers of the public body or

 

 

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1    legal counsel for the public body, including hearing
2    testimony on a complaint lodged against an employee, a
3    specific individual who serves as an independent
4    contractor in a park, recreational, or educational
5    setting, or a volunteer of the public body or against
6    legal counsel for the public body to determine its
7    validity. However, a meeting to consider an increase in
8    compensation to a specific employee of a public body that
9    is subject to the Local Government Wage Increase
10    Transparency Act may not be closed and shall be open to the
11    public and posted and held in accordance with this Act.
12        (2) Collective negotiating matters between the public
13    body and its employees or their representatives, or
14    deliberations concerning salary schedules for one or more
15    classes of employees.
16        (3) The selection of a person to fill a public office,
17    as defined in this Act, including a vacancy in a public
18    office, when the public body is given power to appoint
19    under law or ordinance, or the discipline, performance or
20    removal of the occupant of a public office, when the
21    public body is given power to remove the occupant under
22    law or ordinance.
23        (4) Evidence or testimony presented in open hearing,
24    or in closed hearing where specifically authorized by law,
25    to a quasi-adjudicative body, as defined in this Act,
26    provided that the body prepares and makes available for

 

 

SB0685 Enrolled- 37 -LRB102 12042 LNS 17378 b

1    public inspection a written decision setting forth its
2    determinative reasoning.
3        (5) The purchase or lease of real property for the use
4    of the public body, including meetings held for the
5    purpose of discussing whether a particular parcel should
6    be acquired.
7        (6) The setting of a price for sale or lease of
8    property owned by the public body.
9        (7) The sale or purchase of securities, investments,
10    or investment contracts. This exception shall not apply to
11    the investment of assets or income of funds deposited into
12    the Illinois Prepaid Tuition Trust Fund.
13        (8) Security procedures, school building safety and
14    security, and the use of personnel and equipment to
15    respond to an actual, a threatened, or a reasonably
16    potential danger to the safety of employees, students,
17    staff, the public, or public property.
18        (9) Student disciplinary cases.
19        (10) The placement of individual students in special
20    education programs and other matters relating to
21    individual students.
22        (11) Litigation, when an action against, affecting or
23    on behalf of the particular public body has been filed and
24    is pending before a court or administrative tribunal, or
25    when the public body finds that an action is probable or
26    imminent, in which case the basis for the finding shall be

 

 

SB0685 Enrolled- 38 -LRB102 12042 LNS 17378 b

1    recorded and entered into the minutes of the closed
2    meeting.
3        (12) The establishment of reserves or settlement of
4    claims as provided in the Local Governmental and
5    Governmental Employees Tort Immunity Act, if otherwise the
6    disposition of a claim or potential claim might be
7    prejudiced, or the review or discussion of claims, loss or
8    risk management information, records, data, advice or
9    communications from or with respect to any insurer of the
10    public body or any intergovernmental risk management
11    association or self insurance pool of which the public
12    body is a member.
13        (13) Conciliation of complaints of discrimination in
14    the sale or rental of housing, when closed meetings are
15    authorized by the law or ordinance prescribing fair
16    housing practices and creating a commission or
17    administrative agency for their enforcement.
18        (14) Informant sources, the hiring or assignment of
19    undercover personnel or equipment, or ongoing, prior or
20    future criminal investigations, when discussed by a public
21    body with criminal investigatory responsibilities.
22        (15) Professional ethics or performance when
23    considered by an advisory body appointed to advise a
24    licensing or regulatory agency on matters germane to the
25    advisory body's field of competence.
26        (16) Self evaluation, practices and procedures or

 

 

SB0685 Enrolled- 39 -LRB102 12042 LNS 17378 b

1    professional ethics, when meeting with a representative of
2    a statewide association of which the public body is a
3    member.
4        (17) The recruitment, credentialing, discipline or
5    formal peer review of physicians or other health care
6    professionals, or for the discussion of matters protected
7    under the federal Patient Safety and Quality Improvement
8    Act of 2005, and the regulations promulgated thereunder,
9    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
10    Health Insurance Portability and Accountability Act of
11    1996, and the regulations promulgated thereunder,
12    including 45 C.F.R. Parts 160, 162, and 164, by a
13    hospital, or other institution providing medical care,
14    that is operated by the public body.
15        (18) Deliberations for decisions of the Prisoner
16    Review Board.
17        (19) Review or discussion of applications received
18    under the Experimental Organ Transplantation Procedures
19    Act.
20        (20) The classification and discussion of matters
21    classified as confidential or continued confidential by
22    the State Government Suggestion Award Board.
23        (21) Discussion of minutes of meetings lawfully closed
24    under this Act, whether for purposes of approval by the
25    body of the minutes or semi-annual review of the minutes
26    as mandated by Section 2.06.

 

 

SB0685 Enrolled- 40 -LRB102 12042 LNS 17378 b

1        (22) Deliberations for decisions of the State
2    Emergency Medical Services Disciplinary Review Board.
3        (23) The operation by a municipality of a municipal
4    utility or the operation of a municipal power agency or
5    municipal natural gas agency when the discussion involves
6    (i) contracts relating to the purchase, sale, or delivery
7    of electricity or natural gas or (ii) the results or
8    conclusions of load forecast studies.
9        (24) Meetings of a residential health care facility
10    resident sexual assault and death review team or the
11    Executive Council under the Abuse Prevention Review Team
12    Act.
13        (25) Meetings of an independent team of experts under
14    Brian's Law.
15        (26) Meetings of a mortality review team appointed
16    under the Department of Juvenile Justice Mortality Review
17    Team Act.
18        (27) (Blank).
19        (28) 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        (29) Meetings between internal or external auditors
24    and governmental audit committees, finance committees, and
25    their equivalents, when the discussion involves internal
26    control weaknesses, identification of potential fraud risk

 

 

SB0685 Enrolled- 41 -LRB102 12042 LNS 17378 b

1    areas, known or suspected frauds, and fraud interviews
2    conducted in accordance with generally accepted auditing
3    standards of the United States of America.
4        (30) Those meetings or portions of meetings of a
5    fatality review team or the Illinois Fatality Review Team
6    Advisory Council during which a review of the death of an
7    eligible adult in which abuse or neglect is suspected,
8    alleged, or substantiated is conducted pursuant to Section
9    15 of the Adult Protective Services Act.
10        (31) Meetings and deliberations for decisions of the
11    Concealed Carry Licensing Review Board under the Firearm
12    Concealed Carry Act.
13        (32) Meetings between the Regional Transportation
14    Authority Board and its Service Boards when the discussion
15    involves review by the Regional Transportation Authority
16    Board of employment contracts under Section 28d of the
17    Metropolitan Transit Authority Act and Sections 3A.18 and
18    3B.26 of the Regional Transportation Authority Act.
19        (33) Those meetings or portions of meetings of the
20    advisory committee and peer review subcommittee created
21    under Section 320 of the Illinois Controlled Substances
22    Act during which specific controlled substance prescriber,
23    dispenser, or patient information is discussed.
24        (34) Meetings of the Tax Increment Financing Reform
25    Task Force under Section 2505-800 of the Department of
26    Revenue Law of the Civil Administrative Code of Illinois.

 

 

SB0685 Enrolled- 42 -LRB102 12042 LNS 17378 b

1        (35) Meetings of the group established to discuss
2    Medicaid capitation rates under Section 5-30.8 of the
3    Illinois Public Aid Code.
4        (36) Those deliberations or portions of deliberations
5    for decisions of the Illinois Gaming Board in which there
6    is discussed any of the following: (i) personal,
7    commercial, financial, or other information obtained from
8    any source that is privileged, proprietary, confidential,
9    or a trade secret; or (ii) information specifically
10    exempted from the disclosure by federal or State law.
11        (38) Meetings of the Ad Hoc Statewide Domestic
12    Violence Fatality Review Committee of the Illinois
13    Criminal Justice Information Authority Board that occur in
14    closed executive session under subsection (d) of Section
15    35 of the Domestic Violence Fatality Review Act.
16        (39) Meetings of the regional review teams under
17    subsection (a) of Section 75 of the Domestic Violence
18    Fatality Review Act.
19    (d) Definitions. For purposes of this Section:
20    "Employee" means a person employed by a public body whose
21relationship with the public body constitutes an
22employer-employee relationship under the usual common law
23rules, and who is not an independent contractor.
24    "Public office" means a position created by or under the
25Constitution or laws of this State, the occupant of which is
26charged with the exercise of some portion of the sovereign

 

 

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1power of this State. The term "public office" shall include
2members of the public body, but it shall not include
3organizational positions filled by members thereof, whether
4established by law or by a public body itself, that exist to
5assist the body in the conduct of its business.
6    "Quasi-adjudicative body" means an administrative body
7charged by law or ordinance with the responsibility to conduct
8hearings, receive evidence or testimony and make
9determinations based thereon, but does not include local
10electoral boards when such bodies are considering petition
11challenges.
12    (e) Final action. No final action may be taken at a closed
13meeting. Final action shall be preceded by a public recital of
14the nature of the matter being considered and other
15information that will inform the public of the business being
16conducted.
17(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
18100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
198-23-19; revised 9-27-19.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 2. Open meetings.
22    (a) Openness required. All meetings of public bodies shall
23be open to the public unless excepted in subsection (c) and
24closed in accordance with Section 2a.
25    (b) Construction of exceptions. The exceptions contained

 

 

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1in subsection (c) are in derogation of the requirement that
2public bodies meet in the open, and therefore, the exceptions
3are to be strictly construed, extending only to subjects
4clearly within their scope. The exceptions authorize but do
5not require the holding of a closed meeting to discuss a
6subject included within an enumerated exception.
7    (c) Exceptions. A public body may hold closed meetings to
8consider the following subjects:
9        (1) The appointment, employment, compensation,
10    discipline, performance, or dismissal of specific
11    employees, specific individuals who serve as independent
12    contractors in a park, recreational, or educational
13    setting, or specific volunteers of the public body or
14    legal counsel for the public body, including hearing
15    testimony on a complaint lodged against an employee, a
16    specific individual who serves as an independent
17    contractor in a park, recreational, or educational
18    setting, or a volunteer of the public body or against
19    legal counsel for the public body to determine its
20    validity. However, a meeting to consider an increase in
21    compensation to a specific employee of a public body that
22    is subject to the Local Government Wage Increase
23    Transparency Act may not be closed and shall be open to the
24    public and posted and held in accordance with this Act.
25        (2) Collective negotiating matters between the public
26    body and its employees or their representatives, or

 

 

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1    deliberations concerning salary schedules for one or more
2    classes of employees.
3        (3) The selection of a person to fill a public office,
4    as defined in this Act, including a vacancy in a public
5    office, when the public body is given power to appoint
6    under law or ordinance, or the discipline, performance or
7    removal of the occupant of a public office, when the
8    public body is given power to remove the occupant under
9    law or ordinance.
10        (4) Evidence or testimony presented in open hearing,
11    or in closed hearing where specifically authorized by law,
12    to a quasi-adjudicative body, as defined in this Act,
13    provided that the body prepares and makes available for
14    public inspection a written decision setting forth its
15    determinative reasoning.
16        (5) The purchase or lease of real property for the use
17    of the public body, including meetings held for the
18    purpose of discussing whether a particular parcel should
19    be acquired.
20        (6) The setting of a price for sale or lease of
21    property owned by the public body.
22        (7) The sale or purchase of securities, investments,
23    or investment contracts. This exception shall not apply to
24    the investment of assets or income of funds deposited into
25    the Illinois Prepaid Tuition Trust Fund.
26        (8) Security procedures, school building safety and

 

 

SB0685 Enrolled- 46 -LRB102 12042 LNS 17378 b

1    security, and the use of personnel and equipment to
2    respond to an actual, a threatened, or a reasonably
3    potential danger to the safety of employees, students,
4    staff, the public, or public property.
5        (9) Student disciplinary cases.
6        (10) The placement of individual students in special
7    education programs and other matters relating to
8    individual students.
9        (11) Litigation, when an action against, affecting or
10    on behalf of the particular public body has been filed and
11    is pending before a court or administrative tribunal, or
12    when the public body finds that an action is probable or
13    imminent, in which case the basis for the finding shall be
14    recorded and entered into the minutes of the closed
15    meeting.
16        (12) The establishment of reserves or settlement of
17    claims as provided in the Local Governmental and
18    Governmental Employees Tort Immunity Act, if otherwise the
19    disposition of a claim or potential claim might be
20    prejudiced, or the review or discussion of claims, loss or
21    risk management information, records, data, advice or
22    communications from or with respect to any insurer of the
23    public body or any intergovernmental risk management
24    association or self insurance pool of which the public
25    body is a member.
26        (13) Conciliation of complaints of discrimination in

 

 

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1    the sale or rental of housing, when closed meetings are
2    authorized by the law or ordinance prescribing fair
3    housing practices and creating a commission or
4    administrative agency for their enforcement.
5        (14) Informant sources, the hiring or assignment of
6    undercover personnel or equipment, or ongoing, prior or
7    future criminal investigations, when discussed by a public
8    body with criminal investigatory responsibilities.
9        (15) Professional ethics or performance when
10    considered by an advisory body appointed to advise a
11    licensing or regulatory agency on matters germane to the
12    advisory body's field of competence.
13        (16) Self evaluation, practices and procedures or
14    professional ethics, when meeting with a representative of
15    a statewide association of which the public body is a
16    member.
17        (17) The recruitment, credentialing, discipline or
18    formal peer review of physicians or other health care
19    professionals, or for the discussion of matters protected
20    under the federal Patient Safety and Quality Improvement
21    Act of 2005, and the regulations promulgated thereunder,
22    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
23    Health Insurance Portability and Accountability Act of
24    1996, and the regulations promulgated thereunder,
25    including 45 C.F.R. Parts 160, 162, and 164, by a
26    hospital, or other institution providing medical care,

 

 

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1    that is operated by the public body.
2        (18) Deliberations for decisions of the Prisoner
3    Review Board.
4        (19) Review or discussion of applications received
5    under the Experimental Organ Transplantation Procedures
6    Act.
7        (20) The classification and discussion of matters
8    classified as confidential or continued confidential by
9    the State Government Suggestion Award Board.
10        (21) Discussion of minutes of meetings lawfully closed
11    under this Act, whether for purposes of approval by the
12    body of the minutes or semi-annual review of the minutes
13    as mandated by Section 2.06.
14        (22) Deliberations for decisions of the State
15    Emergency Medical Services Disciplinary Review Board.
16        (23) The operation by a municipality of a municipal
17    utility or the operation of a municipal power agency or
18    municipal natural gas agency when the discussion involves
19    (i) contracts relating to the purchase, sale, or delivery
20    of electricity or natural gas or (ii) the results or
21    conclusions of load forecast studies.
22        (24) Meetings of a residential health care facility
23    resident sexual assault and death review team or the
24    Executive Council under the Abuse Prevention Review Team
25    Act.
26        (25) Meetings of an independent team of experts under

 

 

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1    Brian's Law.
2        (26) Meetings of a mortality review team appointed
3    under the Department of Juvenile Justice Mortality Review
4    Team Act.
5        (27) (Blank).
6        (28) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (29) Meetings between internal or external auditors
11    and governmental audit committees, finance committees, and
12    their equivalents, when the discussion involves internal
13    control weaknesses, identification of potential fraud risk
14    areas, known or suspected frauds, and fraud interviews
15    conducted in accordance with generally accepted auditing
16    standards of the United States of America.
17        (30) Those meetings or portions of meetings of a
18    fatality review team or the Illinois Fatality Review Team
19    Advisory Council during which a review of the death of an
20    eligible adult in which abuse or neglect is suspected,
21    alleged, or substantiated is conducted pursuant to Section
22    15 of the Adult Protective Services Act.
23        (31) Meetings and deliberations for decisions of the
24    Concealed Carry Licensing Review Board under the Firearm
25    Concealed Carry Act.
26        (32) Meetings between the Regional Transportation

 

 

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1    Authority Board and its Service Boards when the discussion
2    involves review by the Regional Transportation Authority
3    Board of employment contracts under Section 28d of the
4    Metropolitan Transit Authority Act and Sections 3A.18 and
5    3B.26 of the Regional Transportation Authority Act.
6        (33) Those meetings or portions of meetings of the
7    advisory committee and peer review subcommittee created
8    under Section 320 of the Illinois Controlled Substances
9    Act during which specific controlled substance prescriber,
10    dispenser, or patient information is discussed.
11        (34) Meetings of the Tax Increment Financing Reform
12    Task Force under Section 2505-800 of the Department of
13    Revenue Law of the Civil Administrative Code of Illinois.
14        (35) Meetings of the group established to discuss
15    Medicaid capitation rates under Section 5-30.8 of the
16    Illinois Public Aid Code.
17        (36) Those deliberations or portions of deliberations
18    for decisions of the Illinois Gaming Board in which there
19    is discussed any of the following: (i) personal,
20    commercial, financial, or other information obtained from
21    any source that is privileged, proprietary, confidential,
22    or a trade secret; or (ii) information specifically
23    exempted from the disclosure by federal or State law.
24        (37) Deliberations for decisions of the Illinois Law
25    Enforcement Training Standards Board, the Certification
26    Review Panel, and the Illinois State Police Merit Board

 

 

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1    regarding certification and decertification.
2        (38) Meetings of the Ad Hoc Statewide Domestic
3    Violence Fatality Review Committee of the Illinois
4    Criminal Justice Information Authority Board that occur in
5    closed executive session under subsection (d) of Section
6    35 of the Domestic Violence Fatality Review Act.
7        (39) Meetings of the regional review teams under
8    subsection (a) of Section 75 of the Domestic Violence
9    Fatality Review Act.
10    (d) Definitions. For purposes of this Section:
11    "Employee" means a person employed by a public body whose
12relationship with the public body constitutes an
13employer-employee relationship under the usual common law
14rules, and who is not an independent contractor.
15    "Public office" means a position created by or under the
16Constitution or laws of this State, the occupant of which is
17charged with the exercise of some portion of the sovereign
18power of this State. The term "public office" shall include
19members of the public body, but it shall not include
20organizational positions filled by members thereof, whether
21established by law or by a public body itself, that exist to
22assist the body in the conduct of its business.
23    "Quasi-adjudicative body" means an administrative body
24charged by law or ordinance with the responsibility to conduct
25hearings, receive evidence or testimony and make
26determinations based thereon, but does not include local

 

 

SB0685 Enrolled- 52 -LRB102 12042 LNS 17378 b

1electoral boards when such bodies are considering petition
2challenges.
3    (e) Final action. No final action may be taken at a closed
4meeting. Final action shall be preceded by a public recital of
5the nature of the matter being considered and other
6information that will inform the public of the business being
7conducted.
8(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
9100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
108-23-19; 101-652, eff. 1-1-22.)
 
11    Section 905. The Freedom of Information Act is amended by
12changing Section 7.5 as follows:
 
13    (5 ILCS 140/7.5)
14    (Text of Section before amendment by P.A. 101-652)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

SB0685 Enrolled- 55 -LRB102 12042 LNS 17378 b

1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained
18    in, stored in, submitted to, transferred by, or released
19    from the Illinois Health Information Exchange, and
20    identified or deidentified health information in the form
21    of health data and medical records of the Illinois Health
22    Information Exchange in the possession of the Illinois
23    Health Information Exchange Office due to its
24    administration of the Illinois Health Information
25    Exchange. The terms "identified" and "deidentified" shall
26    be given the same meaning as in the Health Insurance

 

 

SB0685 Enrolled- 56 -LRB102 12042 LNS 17378 b

1    Portability and Accountability Act of 1996, Public Law
2    104-191, or any subsequent amendments thereto, and any
3    regulations promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed
14    Carry Licensing Review Board under the Firearm Concealed
15    Carry Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

SB0685 Enrolled- 57 -LRB102 12042 LNS 17378 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

SB0685 Enrolled- 58 -LRB102 12042 LNS 17378 b

1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

SB0685 Enrolled- 59 -LRB102 12042 LNS 17378 b

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

SB0685 Enrolled- 60 -LRB102 12042 LNS 17378 b

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is exempt from disclosure under
3    subsection (k) of Section 11 of the Equal Pay Act of 2003.
4        (ddd) Information prohibited from being disclosed
5    under subsection (b) of Section 75 of the Domestic
6    Violence Fatality Review Act.
7(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
8100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
98-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
10eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
11100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
126-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
13eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
14101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
151-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
16eff. 7-7-20; 101-656, eff. 3-23-21.)
 
17    (Text of Section after amendment by P.A. 101-652)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying
25    library users with specific materials under the Library

 

 

SB0685 Enrolled- 61 -LRB102 12042 LNS 17378 b

1    Records Confidentiality Act.
2        (c) Applications, related documents, and medical
3    records received by the Experimental Organ Transplantation
4    Procedures Board and any and all documents or other
5    records prepared by the Experimental Organ Transplantation
6    Procedures Board or its staff relating to applications it
7    has received.
8        (d) Information and records held by the Department of
9    Public Health and its authorized representatives relating
10    to known or suspected cases of sexually transmissible
11    disease or any information the disclosure of which is
12    restricted under the Illinois Sexually Transmissible
13    Disease Control Act.
14        (e) Information the disclosure of which is exempted
15    under Section 30 of the Radon Industry Licensing Act.
16        (f) Firm performance evaluations under Section 55 of
17    the Architectural, Engineering, and Land Surveying
18    Qualifications Based Selection Act.
19        (g) Information the disclosure of which is restricted
20    and exempted under Section 50 of the Illinois Prepaid
21    Tuition Act.
22        (h) Information the disclosure of which is exempted
23    under the State Officials and Employees Ethics Act, and
24    records of any lawfully created State or local inspector
25    general's office that would be exempt if created or
26    obtained by an Executive Inspector General's office under

 

 

SB0685 Enrolled- 62 -LRB102 12042 LNS 17378 b

1    that Act.
2        (i) Information contained in a local emergency energy
3    plan submitted to a municipality in accordance with a
4    local emergency energy plan ordinance that is adopted
5    under Section 11-21.5-5 of the Illinois Municipal Code.
6        (j) Information and data concerning the distribution
7    of surcharge moneys collected and remitted by carriers
8    under the Emergency Telephone System Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the
24    Capital Crimes Litigation Act. This subsection (n) shall
25    apply until the conclusion of the trial of the case, even
26    if the prosecution chooses not to pursue the death penalty

 

 

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1    prior to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Record Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained
20    in, stored in, submitted to, transferred by, or released
21    from the Illinois Health Information Exchange, and
22    identified or deidentified health information in the form
23    of health data and medical records of the Illinois Health
24    Information Exchange in the possession of the Illinois
25    Health Information Exchange Office due to its
26    administration of the Illinois Health Information

 

 

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1    Exchange. The terms "identified" and "deidentified" shall
2    be given the same meaning as in the Health Insurance
3    Portability and Accountability Act of 1996, Public Law
4    104-191, or any subsequent amendments thereto, and any
5    regulations promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under the Developmental Disability and
8    Mental Health Safety Act (also known as Brian's Law).
9        (v) Names and information of people who have applied
10    for or received Firearm Owner's Identification Cards under
11    the Firearm Owners Identification Card Act or applied for
12    or received a concealed carry license under the Firearm
13    Concealed Carry Act, unless otherwise authorized by the
14    Firearm Concealed Carry Act; and databases under the
15    Firearm Concealed Carry Act, records of the Concealed
16    Carry Licensing Review Board under the Firearm Concealed
17    Carry Act, and law enforcement agency objections under the
18    Firearm Concealed Carry Act.
19        (w) Personally identifiable information which is
20    exempted from disclosure under subsection (g) of Section
21    19.1 of the Toll Highway Act.
22        (x) Information which is exempted from disclosure
23    under Section 5-1014.3 of the Counties Code or Section
24    8-11-21 of the Illinois Municipal Code.
25        (y) Confidential information under the Adult
26    Protective Services Act and its predecessor enabling

 

 

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1    statute, the Elder Abuse and Neglect Act, including
2    information about the identity and administrative finding
3    against any caregiver of a verified and substantiated
4    decision of abuse, neglect, or financial exploitation of
5    an eligible adult maintained in the Registry established
6    under Section 7.5 of the Adult Protective Services Act.
7        (z) Records and information provided to a fatality
8    review team or the Illinois Fatality Review Team Advisory
9    Council under Section 15 of the Adult Protective Services
10    Act.
11        (aa) Information which is exempted from disclosure
12    under Section 2.37 of the Wildlife Code.
13        (bb) Information which is or was prohibited from
14    disclosure by the Juvenile Court Act of 1987.
15        (cc) Recordings made under the Law Enforcement
16    Officer-Worn Body Camera Act, except to the extent
17    authorized under that Act.
18        (dd) Information that is prohibited from being
19    disclosed under Section 45 of the Condominium and Common
20    Interest Community Ombudsperson Act.
21        (ee) Information that is exempted from disclosure
22    under Section 30.1 of the Pharmacy Practice Act.
23        (ff) Information that is exempted from disclosure
24    under the Revised Uniform Unclaimed Property Act.
25        (gg) Information that is prohibited from being
26    disclosed under Section 7-603.5 of the Illinois Vehicle

 

 

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1    Code.
2        (hh) Records that are exempt from disclosure under
3    Section 1A-16.7 of the Election Code.
4        (ii) Information which is exempted from disclosure
5    under Section 2505-800 of the Department of Revenue Law of
6    the Civil Administrative Code of Illinois.
7        (jj) Information and reports that are required to be
8    submitted to the Department of Labor by registering day
9    and temporary labor service agencies but are exempt from
10    disclosure under subsection (a-1) of Section 45 of the Day
11    and Temporary Labor Services Act.
12        (kk) Information prohibited from disclosure under the
13    Seizure and Forfeiture Reporting Act.
14        (ll) Information the disclosure of which is restricted
15    and exempted under Section 5-30.8 of the Illinois Public
16    Aid Code.
17        (mm) Records that are exempt from disclosure under
18    Section 4.2 of the Crime Victims Compensation Act.
19        (nn) Information that is exempt from disclosure under
20    Section 70 of the Higher Education Student Assistance Act.
21        (oo) Communications, notes, records, and reports
22    arising out of a peer support counseling session
23    prohibited from disclosure under the First Responders
24    Suicide Prevention Act.
25        (pp) Names and all identifying information relating to
26    an employee of an emergency services provider or law

 

 

SB0685 Enrolled- 67 -LRB102 12042 LNS 17378 b

1    enforcement agency under the First Responders Suicide
2    Prevention Act.
3        (qq) Information and records held by the Department of
4    Public Health and its authorized representatives collected
5    under the Reproductive Health Act.
6        (rr) Information that is exempt from disclosure under
7    the Cannabis Regulation and Tax Act.
8        (ss) Data reported by an employer to the Department of
9    Human Rights pursuant to Section 2-108 of the Illinois
10    Human Rights Act.
11        (tt) Recordings made under the Children's Advocacy
12    Center Act, except to the extent authorized under that
13    Act.
14        (uu) Information that is exempt from disclosure under
15    Section 50 of the Sexual Assault Evidence Submission Act.
16        (vv) Information that is exempt from disclosure under
17    subsections (f) and (j) of Section 5-36 of the Illinois
18    Public Aid Code.
19        (ww) Information that is exempt from disclosure under
20    Section 16.8 of the State Treasurer Act.
21        (xx) Information that is exempt from disclosure or
22    information that shall not be made public under the
23    Illinois Insurance Code.
24        (yy) Information prohibited from being disclosed under
25    the Illinois Educational Labor Relations Act.
26        (zz) Information prohibited from being disclosed under

 

 

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1    the Illinois Public Labor Relations Act.
2        (aaa) Information prohibited from being disclosed
3    under Section 1-167 of the Illinois Pension Code.
4        (bbb) Information that is exempt from disclosure under
5    subsection (k) of Section 11 of the Equal Pay Act of 2003.
6        (ccc) (bbb) Information that is prohibited from
7    disclosure by the Illinois Police Training Act and the
8    State Police Act.
9        (ddd) Information prohibited from being disclosed
10    under subsection (b) of Section 75 of the Domestic
11    Violence Fatality Review Act.
12(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
13100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
148-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
15eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
16100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
176-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
18eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
19101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
201-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
21eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
22revised 4-21-21.)
 
23    Section 995. No acceleration or delay. Where this Act
24makes changes in a statute that is represented in this Act by
25text that is not yet or no longer in effect (for example, a

 

 

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1Section represented by multiple versions), the use of that
2text does not accelerate or delay the taking effect of (i) the
3changes made by this Act or (ii) provisions derived from any
4other Public Act.
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.