Illinois General Assembly - Full Text of SB0690
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Full Text of SB0690  93rd General Assembly

SB0690sam002 93rd General Assembly



                                     LRB093 06480 JAM 14300 a

 1                    AMENDMENT TO SENATE BILL 690

 2        AMENDMENT NO.     .  Amend Senate Bill 690  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Freedom of Information Act is amended by
 5    changing Section 11 as follows:

 6        (5 ILCS 140/11) (from Ch. 116, par. 211)
 7        Sec.  11.   (a)  Any  person  denied access to inspect or
 8    copy any public record by the head of a public body may  file
 9    suit for injunctive or declaratory relief.
10        (b)  Where  the  denial is from the head of a public body
11    of the State, suit may be filed in the circuit court for  the
12    county  where  the  public  body  has its principal office or
13    where the person denied access resides.
14        (c)  Where the denial is from the head of a  municipality
15    or other public body, except as provided in subsection (b) of
16    this  Section, suit may be filed in the circuit court for the
17    county where the public body is located.
18        (d)  The circuit court shall  have  the  jurisdiction  to
19    enjoin the public body from withholding public records and to
20    order   the  production  of  any  public  records  improperly
21    withheld from the person seeking access.  If the public  body
22    can  show  that exceptional circumstances exist, and that the
                            -2-      LRB093 06480 JAM 14300 a
 1    body  is  exercising  due  diligence  in  responding  to  the
 2    request, the court may  retain  jurisdiction  and  allow  the
 3    agency additional time to complete its review of the records.
 4        (e)  On  motion  of  the  plaintiff, prior to or after in
 5    camera inspection, the court shall order the public  body  to
 6    provide  an  index  of  the  records to which access has been
 7    denied.  The index shall include the following:
 8        (i)  A description of the  nature  or  contents  of  each
 9    document withheld, or each deletion from a released document,
10    provided, however, that the public body shall not be required
11    to disclose the information which it asserts is exempt; and
12        (ii)  A  statement of the exemption or exemptions claimed
13    for each such deletion or withheld document.
14        (f)  In any action considered by  the  court,  the  court
15    shall  consider the matter de novo, and shall conduct such in
16    camera examination of  the  requested  records  as  it  finds
17    appropriate  to determine if such records or any part thereof
18    may be withheld under any provision of this Act.  The  burden
19    shall  be on the public body to establish that its refusal to
20    permit public inspection or copying is in accordance with the
21    provisions of this Act.
22        (g)  In the event of noncompliance with an order  of  the
23    court  to  disclose,  the court may enforce its order against
24    any public official  or  employee  so  ordered  or  primarily
25    responsible   for  such  noncompliance  through  the  court's
26    contempt powers.
27        (h)  Except as to causes the court  considers  to  be  of
28    greater  importance,  proceedings  arising under this Section
29    shall take precedence on the docket over all other causes and
30    be assigned for hearing and trial at the earliest practicable
31    date and expedited in every way.
32        (i)  If a person seeking the right to inspect or  receive
33    a  copy  of  a  public  record  substantially  prevails  in a
34    proceeding under this  Section,  the  court  may  award  such
                            -3-      LRB093 06480 JAM 14300 a
 1    person reasonable attorneys' fees unless the court finds that
 2    the  fundamental  purpose  of  the  request is to further the
 3    commercial interests of the requestor.  If  the  court  finds
 4    that  the  fundamental  purpose of the request was to further
 5    the commercial interests of  the  requestor,  the  court  may
 6    award reasonable attorneys' fees and costs if the court finds
 7    that  the  record  or  records  in  question  were of clearly
 8    significant interest to  the  general  public  and  that  the
 9    public   body   lacked   any  reasonable  basis  in  law  for
10    withholding the record.
11    (Source: P.A. 85-1357.)".