Illinois General Assembly - Full Text of SB1543
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Full Text of SB1543  93rd General Assembly

SB1543enr 93rd General Assembly


SB1543 Enrolled                      LRB093 10753 DRJ 11634 b

 1        AN ACT in relation to health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Abuse Prevention Review Team Act.

 6        Section  5.  State  policy.  The following statements are
 7    the policy of this State:
 8             (1)  Every nursing home resident is entitled to live
 9        in safety  and  decency  and  to  receive  competent  and
10        respectful  care that meets the requirements of State and
11        federal law.
12             (2)  Responding to sexual assaults on  nursing  home
13        residents and to unnecessary nursing home resident deaths
14        is a State and a community responsibility.
15             (3)  When   a  nursing  home  resident  is  sexually
16        assaulted or dies  unnecessarily,  the  response  by  the
17        State  and  the  community  to  the assault or death must
18        include an accurate and  complete  determination  of  the
19        cause  of  the  assault  or death and the development and
20        implementation of measures to prevent future assaults  or
21        deaths  from  similar  causes.  The  response may include
22        court action, including prosecution of persons who may be
23        responsible for the assault or death and  proceedings  to
24        protect   other  residents  of  the  facility  where  the
25        resident lived, and disciplinary action  against  persons
26        who failed to meet their professional responsibilities to
27        the resident.
28             (4)  Professionals  from  disparate  disciplines and
29        agencies  who  have  responsibilities  for  nursing  home
30        residents and expertise that can promote resident  safety
31        and well-being should share their expertise and knowledge
SB1543 Enrolled            -2-       LRB093 10753 DRJ 11634 b
 1        so  that  the  goals  of determining the causes of sexual
 2        assaults and unnecessary resident  deaths,  planning  and
 3        providing services to surviving residents, and preventing
 4        future assaults and unnecessary deaths can be achieved.
 5             (5)  A  greater  understanding  of the incidence and
 6        causes of sexual assaults against nursing home  residents
 7        and unnecessary nursing home resident deaths is necessary
 8        if   the   State   is  to  prevent  future  assaults  and
 9        unnecessary deaths.
10             (6)  Multi-disciplinary and multi-agency reviews  of
11        sexual   assaults  against  nursing  home  residents  and
12        unnecessary nursing home resident deaths can  assist  the
13        State  and  counties in (i) investigating resident sexual
14        assaults  and   deaths,   (ii)   developing   a   greater
15        understanding  of  the  incidence  and causes of resident
16        sexual assault and deaths and the methods for  preventing
17        those  assaults and deaths, and (iii) identifying gaps in
18        services to nursing home residents.
19             (7)  Access to information regarding  assaulted  and
20        deceased nursing home residents by multi-disciplinary and
21        multi-agency  nursing  home  resident  sexual assault and
22        death review  teams  is  necessary  for  those  teams  to
23        achieve their purposes and duties.

24        Section 10.  Definitions. As used in this Act, unless the
25    context requires otherwise:
26        "Department" means the Department of Public Health.
27        "Director" means the Director of Public Health.
28        "Executive Council" means the Illinois Residential Health
29    Care  Facility Resident Sexual Assault and Death Review Teams
30    Executive Council.
31        "Resident" means  a  person  residing  in  and  receiving
32    personal care from a facility licensed under the Nursing Home
33    Care Act.
SB1543 Enrolled            -3-       LRB093 10753 DRJ 11634 b
 1        "Review  team"  means  a residential health care facility
 2    resident sexual assault and death review team appointed under
 3    this Act.

 4        Section 15.  Residential health  care  facility  resident
 5    sexual assault and death review teams; establishment.
 6        (a)  The  Director,  in  consultation  with the Executive
 7    Council  and  with  law  enforcement   agencies   and   other
 8    professionals   who  work  in  the  field  of  investigating,
 9    treating,  or  preventing  nursing  home  resident  abuse  or
10    neglect in each of the Department's administrative regions of
11    the State, shall appoint members to a residential health care
12    facility resident sexual assault and  death  review  team  in
13    each  such  region  outside  Cook  County and to at least one
14    review team in Cook County. The members of a  team  shall  be
15    appointed   for  2-year  terms  and  shall  be  eligible  for
16    reappointment upon the expiration of their terms.
17        (b)  Each review team  shall  consist  of  at  least  one
18    member from each of the following categories:
19             (1)  Geriatrician  or  other physician knowledgeable
20        about nursing home resident abuse and neglect.
21             (2)   Representative of the Department.
22             (3)  State's   Attorney   or   State's    Attorney's
23        representative.
24             (4)  Representative   of  a  local  law  enforcement
25        agency.
26             (5)  Representative   of   the   Illinois   Attorney
27        General.
28             (6)  Psychologist or psychiatrist.
29             (7)  Representative of a local health department.
30             (8)  Representative of a social  service  or  health
31        care agency that provides services to persons with mental
32        illness, in a program whose accreditation to provide such
33        services  is  recognized  by  the Office of Mental Health
SB1543 Enrolled            -4-       LRB093 10753 DRJ 11634 b
 1        within the Department of Human Services.
 2             (9)  Representative of a social  service  or  health
 3        care  agency  that  provides  services  to  persons  with
 4        developmental    disabilities,   in   a   program   whose
 5        accreditation to provide such services is  recognized  by
 6        the  Office  of  Developmental  Disabilities  within  the
 7        Department of Human Services.
 8             (10)  Coroner or forensic pathologist.
 9             (11)  Representative    of   the   local   sub-state
10        ombudsman.
11             (12)  Representative  of  a  nursing  home  resident
12        advocacy organization.
13             (13)  Representative of  a  local  hospital,  trauma
14        center, or provider of emergency medical services.
15             (14)  Representative   of   an   organization   that
16        represents nursing homes.
17        Each review team may make recommendations to the Director
18    concerning  additional  appointments. Each review team member
19    must  have  demonstrated  experience  and  an   interest   in
20    investigating,  treating, or preventing nursing home resident
21    abuse or neglect.
22        (c)  Each review team shall  select  a  chairperson  from
23    among  its  members.  The chairperson shall also serve on the
24    Illinois Residential Health Care Facility Sexual Assault  and
25    Death Review Teams Executive Council.

26        Section  20.  Reviews  of  nursing  home  resident sexual
27    assaults and deaths.
28        (a)  Every reported case of sexual assault of  a  nursing
29    home  resident  that  is  confirmed  shall be reviewed by the
30    review team for the region that has primary  case  management
31    responsibility.
32        (b)  Every  death  of  a  nursing  home resident shall be
33    reviewed by the review team for the region that  has  primary
SB1543 Enrolled            -5-       LRB093 10753 DRJ 11634 b
 1    case  management  responsibility, if the deceased resident is
 2    one of the following:
 3             (1)  A  person  whose  care  the  Department   found
 4        violated  federal  or  State  standards  in  the 6 months
 5        preceding the resident's death.
 6             (2)  A person  whose  care  was  the  subject  of  a
 7        complaint  to the Department in the 30 days preceding the
 8        resident's death, or after the resident's death. A review
 9        team  may,  at  its  discretion,  review  other   sudden,
10        unexpected, or unexplained nursing home resident deaths.
11        (b)  A  review  team's  purpose  in conducting reviews of
12    resident sexual assaults and deaths is to do the following:
13             (1)  Assist in determining the cause and  manner  of
14        the resident's assault or death, when requested.
15             (2)  Evaluate means, if any, by which the assault or
16        death might have been prevented.
17             (3)  Report its findings to appropriate agencies and
18        make  recommendations  that may help to reduce the number
19        of sexual assaults on and unnecessary deaths  of  nursing
20        home residents.
21             (4)  Promote  continuing education for professionals
22        involved  in  investigating,  treating,  and   preventing
23        nursing  home  resident  abuse  and neglect as a means of
24        preventing sexual  assaults  and  unnecessary  deaths  of
25        nursing home residents.
26             (5)  Make  specific  recommendations to the Director
27        concerning  the  prevention  of   sexual   assaults   and
28        unnecessary  deaths  of  nursing  home  residents and the
29        establishment of  protocols  for  investigating  resident
30        sexual assaults and deaths.
31        (c)  A  review team must review a sexual assault or death
32    as soon as practicable and not later than 90  days  following
33    the  completion by the Department of the investigation of the
34    assault or death under the Nursing Home Care Act. When  there
SB1543 Enrolled            -6-       LRB093 10753 DRJ 11634 b
 1    has  been no investigation by the Department, the review team
 2    must review a sexual assault or death within  90  days  after
 3    obtaining  the  information  necessary to complete the review
 4    from the  coroner,  pathologist,  medical  examiner,  or  law
 5    enforcement  agency,  depending  on the nature of the case. A
 6    review team must meet at least once in each calendar quarter.
 7        (d)  Within 90 days after receiving recommendations  made
 8    by  a  review  team  under  item  (5)  of subsection (b), the
 9    Director must review those recommendations and respond to the
10    review team. The Director shall implement recommendations  as
11    feasible and appropriate and shall respond to the review team
12    in writing to explain the implementation or nonimplementation
13    of the recommendations.
14        (e)  In  any instance when a review team does not operate
15    in accordance with established  protocol,  the  Director,  in
16    consultation and cooperation with the Executive Council, must
17    take  any  necessary  actions  to  bring the review team into
18    compliance with the protocol.

19        Section 25.  Review team access to information.
20        (a)  The Department shall provide to a  review  team,  on
21    the  request  of the review team chairperson, all records and
22    information in the Department's possession that are  relevant
23    to  the  review  team's  review of a sexual assault or death,
24    including records and information concerning previous reports
25    or investigations of suspected abuse or neglect.
26        (b)  A review team shall have access to all  records  and
27    information  that  are  relevant  to  its  review of a sexual
28    assault or death and in the possession of a  State  or  local
29    governmental  agency.  These records and information include,
30    without limitation, death certificates, all relevant  medical
31    and  mental health records, records of law enforcement agency
32    investigations,  records  of  coroner  or  medical   examiner
33    investigations,  records  of  the  Department  of Corrections
SB1543 Enrolled            -7-       LRB093 10753 DRJ 11634 b
 1    concerning a person's parole,  records  of  a  probation  and
 2    court  services  department, and records of a social services
 3    agency that provided services to the resident.

 4        Section 30.  Public access to information.
 5        (a)  Meetings of  the  review  teams  and  the  Executive
 6    Council shall be closed to the public. Meetings of the review
 7    teams  and  the Executive Council are not subject to the Open
 8    Meetings Act, as provided in that Act.
 9        (b)  Records and information provided to  a  review  team
10    and the Executive Council, and records maintained by a review
11    team  or  the  Executive  Council,  are  confidential and not
12    subject to the Freedom of Information  Act,  as  provided  in
13    that  Act.  Nothing contained in this subsection (b) prevents
14    the sharing  or  disclosure  of  records,  other  than  those
15    produced  by a review team or the Executive Council, relating
16    or pertaining to the sexual assault or death of a resident.
17        (c)  Members of a review team and the  Executive  Council
18    are  not  subject  to  examination,  in any civil or criminal
19    proceeding, concerning information presented  to  members  of
20    the  review  team or the Executive Council or opinions formed
21    by members of the review team or the Executive Council  based
22    on  that  information.  A  person  may,  however, be examined
23    concerning information provided  to  a  review  team  or  the
24    Executive Council that is otherwise available to the public.
25        (d)  Records  and  information  produced by a review team
26    and the Executive Council are not  subject  to  discovery  or
27    subpoena  and  are not admissible as evidence in any civil or
28    criminal  proceeding.  Those  records  and  information  are,
29    however,  subject  to  discovery  or  a  subpoena,  and   are
30    admissible  as  evidence,  to  the  extent they are otherwise
31    available to the public.

32        Section 35.  Indemnification. The State  shall  indemnify
SB1543 Enrolled            -8-       LRB093 10753 DRJ 11634 b
 1    and  hold harmless members of a review team and the Executive
 2    Council for all their acts, omissions,  decisions,  or  other
 3    conduct  arising  out  of  the  scope of their service on the
 4    review team or  Executive  Council,  except  those  involving
 5    willful   or  wanton  misconduct.  The  method  of  providing
 6    indemnification shall be as provided in  the  State  Employee
 7    Indemnification Act.

 8        Section 40.  Executive Council.
 9        (a)  The   Illinois   Residential  Health  Care  Facility
10    Resident Sexual Assault  and  Death  Review  Teams  Executive
11    Council,  consisting  of  the chairperson of each review team
12    established  under  Section  15,  is  the  coordinating   and
13    oversight  body for residential health care facility resident
14    sexual assault and  death  review  teams  and  activities  in
15    Illinois.   The   vice-chairperson   of  a  review  team,  as
16    designated by the chairperson, may serve as a back-up  member
17    or  an  alternate  member  of  the  Executive Council, if the
18    chairperson of the review team is unavailable to serve on the
19    Executive Council. The Director may appoint to the  Executive
20    Council any ex-officio members deemed necessary. Persons with
21    expertise  needed  by the Executive Council may be invited to
22    meetings. The Executive Council must select from its  members
23    a chairperson and a vice-chairperson, each to serve a 2-year,
24    renewable  term.  The  Executive Council must meet at least 4
25    times during each calendar year.
26        (b)  The Department must provide or arrange for the staff
27    support necessary for the Executive Council to carry out  its
28    duties.
29        (c)  The  Executive  Council  has, but is not limited to,
30    the following duties:
31             (1)  To serve  as  the  voice  of  review  teams  in
32        Illinois.
33             (2)  To  consult  with  the  Director concerning the
SB1543 Enrolled            -9-       LRB093 10753 DRJ 11634 b
 1        appointment, reappointment, and removal  of  review  team
 2        members.
 3             (3)  To  oversee the review teams in order to ensure
 4        that the teams' work is  coordinated  and  in  compliance
 5        with the statutes and the operating protocol.
 6             (4)  To ensure that the data, results, findings, and
 7        recommendations  of  the review teams are adequately used
 8        to  make  any  necessary   changes   in   the   policies,
 9        procedures, and statutes in order to protect nursing home
10        residents in a timely manner.
11             (5)  To  collaborate  with the General Assembly, the
12        Department,  and  others  in   order   to   develop   any
13        legislation  needed  to  prevent  nursing  home  resident
14        sexual  assaults  and  unnecessary  deaths and to protect
15        nursing home residents.
16             (6)  To assist in the development of  quarterly  and
17        annual  reports based on the work and the findings of the
18        review teams.
19             (7)  To  ensure  that  the  review   teams'   review
20        processes  are  standardized  in  order  to  convey data,
21        findings, and recommendations in a usable format.
22             (8)  To serve as a  link  with  other  review  teams
23        throughout  the  country  and  to participate in national
24        review team activities.
25             (9)  To develop an  annual  statewide  symposium  to
26        update  the  knowledge  and skills of review team members
27        and to promote the exchange of information between review
28        teams.
29             (10)  To provide the  review  teams  with  the  most
30        current information and practices concerning nursing home
31        resident  sexual assault and unnecessary death review and
32        related topics.
33             (11)  To perform any other  functions  necessary  to
34        enhance  the capability of the review teams to reduce and
SB1543 Enrolled            -10-      LRB093 10753 DRJ 11634 b
 1        prevent sexual assaults and unnecessary deaths of nursing
 2        home residents.

 3        Section 75.  Relationship to other Acts. Nothing in  this
 4    Act  is  intended to conflict with or duplicate provisions of
 5    other Acts or rules implementing other Acts.

 6        Section 85.  Repeal. This Act  is  repealed  on  July  1,
 7    2006.

 8        Section 90.  The Open Meetings Act is amended by changing
 9    Section 2 as follows:

10        (5 ILCS 120/2) (from Ch. 102, par. 42)
11        Sec. 2.  Open meetings.
12        (a)  Openness  required.   All  meetings of public bodies
13    shall be open to the public unless excepted in subsection (c)
14    and closed in accordance with Section 2a.
15        (b)  Construction   of   exceptions.    The    exceptions
16    contained   in  subsection  (c)  are  in  derogation  of  the
17    requirement  that  public  bodies  meet  in  the  open,   and
18    therefore,  the  exceptions  are  to  be  strictly construed,
19    extending only to subjects clearly within their scope.    The
20    exceptions  authorize  but  do  not  require the holding of a
21    closed meeting  to  discuss  a  subject  included  within  an
22    enumerated exception.
23        (c)  Exceptions.   A public body may hold closed meetings
24    to consider the following subjects:
25             (1)  The  appointment,   employment,   compensation,
26        discipline,   performance,   or   dismissal  of  specific
27        employees of the public body, including hearing testimony
28        on a complaint lodged against an  employee  to  determine
29        its validity.
30             (2)  Collective   negotiating  matters  between  the
SB1543 Enrolled            -11-      LRB093 10753 DRJ 11634 b
 1        public body and its employees or  their  representatives,
 2        or  deliberations  concerning salary schedules for one or
 3        more classes of employees.
 4             (3)  The selection of a  person  to  fill  a  public
 5        office,  as defined in this Act, including a vacancy in a
 6        public office, when the public body  is  given  power  to
 7        appoint  under  law  or  ordinance,  or  the  discipline,
 8        performance  or  removal  of  the  occupant  of  a public
 9        office, when the public body is given power to remove the
10        occupant under law or ordinance.
11             (4)  Evidence  or  testimony   presented   in   open
12        hearing,   or   in   closed  hearing  where  specifically
13        authorized by  law,  to  a  quasi-adjudicative  body,  as
14        defined  in this Act, provided that the body prepares and
15        makes available for public inspection a written  decision
16        setting forth its determinative reasoning.
17             (5)  The  purchase or lease of real property for the
18        use of the public body, including meetings held  for  the
19        purpose  of discussing whether a particular parcel should
20        be acquired.
21             (6)  The setting of a price for  sale  or  lease  of
22        property owned by the public body.
23             (7)  The    sale    or   purchase   of   securities,
24        investments, or investment contracts.
25             (8)  Security procedures and the  use  of  personnel
26        and equipment to respond to an actual, a threatened, or a
27        reasonably  potential  danger to the safety of employees,
28        students, staff or public property.
29             (9)  Student disciplinary cases.
30             (10)  The  placement  of  individual   students   in
31        special  education programs and other matters relating to
32        individual students.
33             (11)  Litigation, when an action against,  affecting
34        or on behalf of the particular public body has been filed
SB1543 Enrolled            -12-      LRB093 10753 DRJ 11634 b
 1        and is pending before a court or administrative tribunal,
 2        or  when the public body finds that an action is probable
 3        or imminent, in which case  the  basis  for  the  finding
 4        shall  be  recorded  and  entered into the minutes of the
 5        closed meeting.
 6             (12)  The establishment of reserves or settlement of
 7        claims  as  provided  in  the  Local   Governmental   and
 8        Governmental  Employees  Tort  Immunity Act, if otherwise
 9        the disposition of a claim or potential  claim  might  be
10        prejudiced,  or  the review or discussion of claims, loss
11        or risk management information, records, data, advice  or
12        communications from or with respect to any insurer of the
13        public  body  or  any  intergovernmental  risk management
14        association or self insurance pool of  which  the  public
15        body is a member.
16             (13)  Conciliation  of  complaints of discrimination
17        in the sale or rental of housing,  when  closed  meetings
18        are  authorized  by the law or ordinance prescribing fair
19        housing  practices   and   creating   a   commission   or
20        administrative agency for their enforcement.
21             (14)  Informant sources, the hiring or assignment of
22        undercover  personnel  or equipment, or ongoing, prior or
23        future  criminal  investigations,  when  discussed  by  a
24        public body with criminal investigatory responsibilities.
25             (15)  Professional  ethics   or   performance   when
26        considered  by  an  advisory  body  appointed to advise a
27        licensing or regulatory agency on matters germane to  the
28        advisory body's field of competence.
29             (16)  Self  evaluation,  practices and procedures or
30        professional ethics, when meeting with  a  representative
31        of  a statewide association of which the public body is a
32        member.
33             (17)  The recruitment, credentialing, discipline  or
34        formal  peer  review  of  physicians or other health care
SB1543 Enrolled            -13-      LRB093 10753 DRJ 11634 b
 1        professionals  for  a  hospital,  or  other   institution
 2        providing  medical  care,  that is operated by the public
 3        body.
 4             (18)  Deliberations for decisions  of  the  Prisoner
 5        Review Board.
 6             (19)  Review  or discussion of applications received
 7        under the Experimental Organ  Transplantation  Procedures
 8        Act.
 9             (20)  The  classification  and discussion of matters
10        classified as confidential or continued  confidential  by
11        the State Employees Suggestion Award Board.
12             (21)  Discussion  of  minutes  of  meetings lawfully
13        closed under this Act, whether for purposes  of  approval
14        by  the  body of the minutes or semi-annual review of the
15        minutes as mandated by Section 2.06.
16             (22)  Deliberations  for  decisions  of  the   State
17        Emergency Medical Services Disciplinary Review Board.
18             (23)  The operation by a municipality of a municipal
19        utility  or  the operation of a municipal power agency or
20        municipal natural gas agency when the discussion involves
21        (i) contracts relating to the purchase, sale, or delivery
22        of electricity or natural gas  or  (ii)  the  results  or
23        conclusions of load forecast studies.
24             (24)  Meetings of a residential health care facility
25        resident  sexual  assault  and  death  review team or the
26        Residential Health Care Facility Resident Sexual  Assault
27        and  Death  Review  Teams  Executive  Council  under  the
28        Residential  Health Care Facility Resident Sexual Assault
29        and Death Review Team Act.
30        (d)  Definitions.  For purposes of this Section:
31        "Employee" means a person employed by a public body whose
32    relationship   with   the   public   body   constitutes    an
33    employer-employee  relationship  under  the  usual common law
34    rules, and who is not an independent contractor.
SB1543 Enrolled            -14-      LRB093 10753 DRJ 11634 b
 1        "Public office" means a position created by or under  the
 2    Constitution  or laws of this State, the occupant of which is
 3    charged with the exercise of some portion  of  the  sovereign
 4    power  of  this State. The term "public office" shall include
 5    members  of  the  public  body,  but  it  shall  not  include
 6    organizational positions filled by members  thereof,  whether
 7    established  by law or by a public body itself, that exist to
 8    assist the body in the conduct of its business.
 9        "Quasi-adjudicative body" means  an  administrative  body
10    charged  by  law  or  ordinance  with  the  responsibility to
11    conduct hearings, receive  evidence  or  testimony  and  make
12    determinations  based  thereon,  but  does  not include local
13    electoral boards when such bodies  are  considering  petition
14    challenges.
15        (e)  Final  action.   No  final  action may be taken at a
16    closed meeting. Final action shall be preceded  by  a  public
17    recital  of  the  nature  of  the matter being considered and
18    other information that will inform the public of the business
19    being conducted.
20    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

21        Section 93.  The Freedom of Information Act is amended by
22    changing Section 7 as follows:

23        (5 ILCS 140/7) (from Ch. 116, par. 207)
24        Sec. 7.  Exemptions.
25        (1)  The following shall be exempt  from  inspection  and
26    copying:
27             (a)  Information    specifically   prohibited   from
28        disclosure  by  federal  or  State  law  or   rules   and
29        regulations adopted under federal or State law.
30             (b)  Information    that,    if   disclosed,   would
31        constitute a clearly  unwarranted  invasion  of  personal
32        privacy, unless the disclosure is consented to in writing
SB1543 Enrolled            -15-      LRB093 10753 DRJ 11634 b
 1        by  the  individual  subjects  of  the  information.  The
 2        disclosure of information that bears on the public duties
 3        of public employees and officials shall not be considered
 4        an invasion of personal  privacy.   Information  exempted
 5        under  this  subsection  (b)  shall  include  but  is not
 6        limited to:
 7                  (i)  files and personal information  maintained
 8             with   respect   to  clients,  patients,  residents,
 9             students  or  other  individuals  receiving  social,
10             medical,   educational,    vocational,    financial,
11             supervisory  or  custodial care or services directly
12             or  indirectly  from  federal  agencies  or   public
13             bodies;
14                  (ii)  personnel  files and personal information
15             maintained with respect to employees, appointees  or
16             elected  officials  of any public body or applicants
17             for those positions;
18                  (iii)  files    and    personal     information
19             maintained with respect to any applicant, registrant
20             or  licensee  by any public body cooperating with or
21             engaged    in    professional    or     occupational
22             registration, licensure or discipline;
23                  (iv)  information  required  of any taxpayer in
24             connection with the assessment or collection of  any
25             tax unless disclosure is otherwise required by State
26             statute; and
27                  (v)  information   revealing  the  identity  of
28             persons  who  file  complaints   with   or   provide
29             information  to  administrative,  investigative, law
30             enforcement or penal  agencies;  provided,  however,
31             that   identification   of   witnesses   to  traffic
32             accidents,  traffic  accident  reports,  and  rescue
33             reports  may  be  provided  by  agencies  of   local
34             government,  except  in  a case for which a criminal
SB1543 Enrolled            -16-      LRB093 10753 DRJ 11634 b
 1             investigation is  ongoing,  without  constituting  a
 2             clearly  unwarranted   per  se  invasion of personal
 3             privacy under this subsection.
 4             (c)  Records  compiled  by  any  public   body   for
 5        administrative   enforcement   proceedings  and  any  law
 6        enforcement or correctional agency  for  law  enforcement
 7        purposes  or  for  internal matters of a public body, but
 8        only to the extent that disclosure would:
 9                  (i)  interfere with  pending  or  actually  and
10             reasonably  contemplated law enforcement proceedings
11             conducted by any  law  enforcement  or  correctional
12             agency;
13                  (ii)  interfere   with  pending  administrative
14             enforcement  proceedings  conducted  by  any  public
15             body;
16                  (iii)  deprive a person of a fair trial  or  an
17             impartial hearing;
18                  (iv)  unavoidably  disclose  the  identity of a
19             confidential  source  or  confidential   information
20             furnished only by the confidential source;
21                  (v)  disclose     unique     or     specialized
22             investigative  techniques other than those generally
23             used and known or  disclose  internal  documents  of
24             correctional    agencies   related   to   detection,
25             observation or investigation of incidents  of  crime
26             or misconduct;
27                  (vi)  constitute   an   invasion   of  personal
28             privacy under subsection (b) of this Section;
29                  (vii)  endanger the life or physical safety  of
30             law enforcement personnel or any other person; or
31                  (viii)  obstruct     an     ongoing    criminal
32             investigation.
33             (d)  Criminal history record information  maintained
34        by  State  or local criminal justice agencies, except the
SB1543 Enrolled            -17-      LRB093 10753 DRJ 11634 b
 1        following which shall be open for public  inspection  and
 2        copying:
 3                  (i)  chronologically      maintained     arrest
 4             information, such  as  traditional  arrest  logs  or
 5             blotters;
 6                  (ii)  the  name of a person in the custody of a
 7             law enforcement agency and  the  charges  for  which
 8             that person is being held;
 9                  (iii)  court records that are public;
10                  (iv)  records   that  are  otherwise  available
11             under State or local law; or
12                  (v)  records in which the requesting  party  is
13             the  individual identified, except as provided under
14             part (vii) of paragraph (c)  of  subsection  (1)  of
15             this Section.
16             "Criminal  history  record  information"  means data
17        identifiable  to  an   individual   and   consisting   of
18        descriptions   or   notations   of  arrests,  detentions,
19        indictments, informations, pre-trial proceedings, trials,
20        or other formal events in the criminal justice system  or
21        descriptions  or notations of criminal charges (including
22        criminal violations of local  municipal  ordinances)  and
23        the   nature   of   any  disposition  arising  therefrom,
24        including sentencing, court or correctional  supervision,
25        rehabilitation  and  release.  The term does not apply to
26        statistical records and reports in which individuals  are
27        not  identified  and  from which their identities are not
28        ascertainable, or to information  that  is  for  criminal
29        investigative or intelligence purposes.
30             (e)  Records  that  relate to or affect the security
31        of correctional institutions and detention facilities.
32             (f)  Preliminary  drafts,  notes,   recommendations,
33        memoranda   and  other  records  in  which  opinions  are
34        expressed, or policies or actions are formulated,  except
SB1543 Enrolled            -18-      LRB093 10753 DRJ 11634 b
 1        that  a  specific  record or relevant portion of a record
 2        shall not be exempt when the record is publicly cited and
 3        identified by the head of the public body. The  exemption
 4        provided  in  this  paragraph  (f)  extends  to all those
 5        records of officers and agencies of the General  Assembly
 6        that pertain to the preparation of legislative documents.
 7             (g)  Trade   secrets  and  commercial  or  financial
 8        information obtained from a person or business where  the
 9        trade  secrets or information are proprietary, privileged
10        or confidential, or where disclosure of the trade secrets
11        or information may cause competitive harm, including  all
12        information  determined  to be confidential under Section
13        4002 of the Technology Advancement and  Development  Act.
14        Nothing   contained   in  this  paragraph  (g)  shall  be
15        construed to prevent a person or business from consenting
16        to disclosure.
17             (h)  Proposals and bids for any contract, grant,  or
18        agreement,   including   information  which  if  it  were
19        disclosed  would  frustrate  procurement   or   give   an
20        advantage  to  any  person  proposing  to  enter  into  a
21        contractor  agreement  with  the  body, until an award or
22        final selection is made.  Information prepared by or  for
23        the  body  in  preparation of a bid solicitation shall be
24        exempt until an award or final selection is made.
25             (i)  Valuable formulae, computer geographic systems,
26        designs, drawings and research data obtained or  produced
27        by  any  public  body when disclosure could reasonably be
28        expected to produce private gain or public loss.
29             (j)  Test  questions,   scoring   keys   and   other
30        examination   data   used   to   administer  an  academic
31        examination  or  determined  the  qualifications  of   an
32        applicant for a license or employment.
33             (k)  Architects'   plans  and  engineers'  technical
34        submissions for projects not constructed or developed  in
SB1543 Enrolled            -19-      LRB093 10753 DRJ 11634 b
 1        whole  or  in  part  with  public  funds and for projects
 2        constructed or developed with public funds, to the extent
 3        that disclosure would compromise security.
 4             (l)  Library   circulation   and    order    records
 5        identifying library users with specific materials.
 6             (m)  Minutes  of meetings of public bodies closed to
 7        the public as provided in the Open Meetings Act until the
 8        public body makes the minutes  available  to  the  public
 9        under Section 2.06 of the Open Meetings Act.
10             (n)  Communications  between  a  public  body and an
11        attorney or auditor representing  the  public  body  that
12        would  not  be  subject  to  discovery in litigation, and
13        materials prepared or compiled by or for a public body in
14        anticipation  of  a  criminal,  civil  or  administrative
15        proceeding upon the request of an attorney  advising  the
16        public  body,  and  materials  prepared  or compiled with
17        respect to internal audits of public bodies.
18             (o)  Information received by a primary or  secondary
19        school,  college  or  university under its procedures for
20        the evaluation  of  faculty  members  by  their  academic
21        peers.
22             (p)  Administrative    or    technical   information
23        associated with  automated  data  processing  operations,
24        including   but   not   limited  to  software,  operating
25        protocols,  computer  program  abstracts,  file  layouts,
26        source  listings,  object  modules,  load  modules,  user
27        guides,  documentation  pertaining  to  all  logical  and
28        physical  design  of   computerized   systems,   employee
29        manuals,  and  any  other information that, if disclosed,
30        would jeopardize the security of the system or  its  data
31        or the security of materials exempt under this Section.
32             (q)  Documents  or  materials relating to collective
33        negotiating  matters  between  public  bodies  and  their
34        employees  or  representatives,  except  that  any  final
SB1543 Enrolled            -20-      LRB093 10753 DRJ 11634 b
 1        contract or agreement shall be subject to inspection  and
 2        copying.
 3             (r)  Drafts,  notes,  recommendations  and memoranda
 4        pertaining to the financing and marketing transactions of
 5        the public body. The records of ownership,  registration,
 6        transfer, and exchange of municipal debt obligations, and
 7        of   persons  to  whom  payment  with  respect  to  these
 8        obligations is made.
 9             (s)  The records, documents and information relating
10        to  real  estate  purchase   negotiations   until   those
11        negotiations have been completed or otherwise terminated.
12        With regard to a parcel involved in a pending or actually
13        and  reasonably  contemplated  eminent  domain proceeding
14        under  Article  VII  of  the  Code  of  Civil  Procedure,
15        records,  documents  and  information  relating  to  that
16        parcel shall be exempt except as  may  be  allowed  under
17        discovery  rules  adopted  by the Illinois Supreme Court.
18        The records, documents and information relating to a real
19        estate sale shall be exempt until a sale is consummated.
20             (t)  Any and all proprietary information and records
21        related to the operation  of  an  intergovernmental  risk
22        management  association or self-insurance pool or jointly
23        self-administered  health  and  accident  cooperative  or
24        pool.
25             (u)  Information    concerning    a     university's
26        adjudication   of   student   or  employee  grievance  or
27        disciplinary cases, to the extent that  disclosure  would
28        reveal  the  identity  of  the  student  or  employee and
29        information concerning any public body's adjudication  of
30        student  or  employee  grievances  or disciplinary cases,
31        except for the final outcome of the cases.
32             (v)  Course materials or research materials used  by
33        faculty members.
34             (w)  Information  related  solely  to  the  internal
SB1543 Enrolled            -21-      LRB093 10753 DRJ 11634 b
 1        personnel rules and practices of a public body.
 2             (x)  Information   contained   in   or   related  to
 3        examination, operating, or condition reports prepared by,
 4        on behalf of, or for the use of a public body responsible
 5        for  the   regulation   or   supervision   of   financial
 6        institutions or insurance companies, unless disclosure is
 7        otherwise required by State law.
 8             (y)  Information   the   disclosure   of   which  is
 9        restricted under Section 5-108 of  the  Public  Utilities
10        Act.
11             (z)  Manuals  or instruction to staff that relate to
12        establishment or collection of liability  for  any  State
13        tax  or that relate to investigations by a public body to
14        determine violation of any criminal law.
15             (aa)  Applications, related documents,  and  medical
16        records    received    by    the    Experimental    Organ
17        Transplantation   Procedures   Board   and  any  and  all
18        documents or other records prepared by  the  Experimental
19        Organ  Transplantation  Procedures  Board  or  its  staff
20        relating to applications it has received.
21             (bb)  Insurance  or  self  insurance  (including any
22        intergovernmental risk  management  association  or  self
23        insurance   pool)   claims,   loss   or  risk  management
24        information, records, data, advice or communications.
25             (cc)  Information and records held by the Department
26        of  Public  Health  and  its  authorized  representatives
27        relating  to  known  or  suspected  cases   of   sexually
28        transmissible  disease  or any information the disclosure
29        of  which  is  restricted  under  the  Illinois  Sexually
30        Transmissible Disease Control Act.
31             (dd)  Information  the  disclosure   of   which   is
32        exempted under Section 30 of the Radon Industry Licensing
33        Act.
34             (ee)  Firm  performance evaluations under Section 55
SB1543 Enrolled            -22-      LRB093 10753 DRJ 11634 b
 1        of the Architectural,  Engineering,  and  Land  Surveying
 2        Qualifications Based Selection Act.
 3             (ff)  Security  portions  of  system  safety program
 4        plans, investigation reports, surveys, schedules,  lists,
 5        data,  or information compiled, collected, or prepared by
 6        or  for  the  Regional  Transportation  Authority   under
 7        Section 2.11 of the Regional Transportation Authority Act
 8        or  the  St.  Clair  County  Transit  District  under the
 9        Bi-State Transit Safety Act.
10             (gg)  Information  the  disclosure   of   which   is
11        restricted  and exempted under Section 50 of the Illinois
12        Prepaid Tuition Act.
13             (hh)  Information  the  disclosure   of   which   is
14        exempted under Section 80 of the State Gift Ban Act.
15             (ii)  Beginning July 1, 1999, information that would
16        disclose  or  might  lead  to the disclosure of secret or
17        confidential information, codes, algorithms, programs, or
18        private keys intended to be used to create electronic  or
19        digital signatures under the Electronic Commerce Security
20        Act.
21             (jj)  Information  contained  in  a  local emergency
22        energy plan submitted to  a  municipality  in  accordance
23        with  a  local  emergency  energy  plan ordinance that is
24        adopted under Section 11-21.5-5 of the Illinois Municipal
25        Code.
26             (kk)  Information   and    data    concerning    the
27        distribution  of  surcharge moneys collected and remitted
28        by  wireless  carriers  under  the   Wireless   Emergency
29        Telephone Safety Act.
30             (ll)  Records   and   information   provided   to  a
31        residential health care facility resident sexual  assault
32        and  death  review  team  or  the Residential Health Care
33        Facility Resident Sexual Assault and Death  Review  Teams
34        Executive  Council  under  the  Residential  Health  Care
SB1543 Enrolled            -23-      LRB093 10753 DRJ 11634 b
 1        Facility  Resident  Sexual  Assault and Death Review Team
 2        Act.
 3        (2)  This  Section  does  not  authorize  withholding  of
 4    information or limit  the  availability  of  records  to  the
 5    public,  except  as  stated  in  this  Section  or  otherwise
 6    provided in this Act.
 7    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
 8    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
 9    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
10    eff. 7-11-02.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.