Illinois General Assembly - Full Text of SB2082
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Full Text of SB2082  94th General Assembly


Judiciary II - Criminal Law Committee

Filed: 5/18/2005





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2     AMENDMENT NO. ______. Amend Senate Bill 2082, on page 1,
3 immediately below line 3 by inserting the following:
4     "Section 5. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or



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1         custodial care or services directly or indirectly from
2         federal agencies or public bodies;
3             (ii) personnel files and personal information
4         maintained with respect to employees, appointees or
5         elected officials of any public body or applicants for
6         those positions;
7             (iii) files and personal information maintained
8         with respect to any applicant, registrant or licensee
9         by any public body cooperating with or engaged in
10         professional or occupational registration, licensure
11         or discipline;
12             (iv) information required of any taxpayer in
13         connection with the assessment or collection of any tax
14         unless disclosure is otherwise required by State
15         statute;
16             (v) information revealing the identity of persons
17         who file complaints with or provide information to
18         administrative, investigative, law enforcement or
19         penal agencies; provided, however, that identification
20         of witnesses to traffic accidents, traffic accident
21         reports, and rescue reports may be provided by agencies
22         of local government, except in a case for which a
23         criminal investigation is ongoing, without
24         constituting a clearly unwarranted per se invasion of
25         personal privacy under this subsection; and
26             (vi) the names, addresses, or other personal
27         information of participants and registrants in park
28         district, forest preserve district, and conservation
29         district programs.
30         (c) Records compiled by any public body for
31     administrative enforcement proceedings and any law
32     enforcement or correctional agency for law enforcement
33     purposes or for internal matters of a public body, but only
34     to the extent that disclosure would:



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1             (i) interfere with pending or actually and
2         reasonably contemplated law enforcement proceedings
3         conducted by any law enforcement or correctional
4         agency;
5             (ii) interfere with pending administrative
6         enforcement proceedings conducted by any public body;
7             (iii) deprive a person of a fair trial or an
8         impartial hearing;
9             (iv) unavoidably disclose the identity of a
10         confidential source or confidential information
11         furnished only by the confidential source;
12             (v) disclose unique or specialized investigative
13         techniques other than those generally used and known or
14         disclose internal documents of correctional agencies
15         related to detection, observation or investigation of
16         incidents of crime or misconduct;
17             (vi) constitute an invasion of personal privacy
18         under subsection (b) of this Section;
19             (vii) endanger the life or physical safety of law
20         enforcement personnel or any other person; or
21             (viii) obstruct an ongoing criminal investigation.
22         (d) Criminal history record information maintained by
23     State or local criminal justice agencies, except the
24     following which shall be open for public inspection and
25     copying:
26             (i) chronologically maintained arrest information,
27         such as traditional arrest logs or blotters;
28             (ii) the name of a person in the custody of a law
29         enforcement agency and the charges for which that
30         person is being held;
31             (iii) court records that are public;
32             (iv) records that are otherwise available under
33         State or local law; or
34             (v) records in which the requesting party is the



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1         individual identified, except as provided under part
2         (vii) of paragraph (c) of subsection (1) of this
3         Section.
4         "Criminal history record information" means data
5     identifiable to an individual and consisting of
6     descriptions or notations of arrests, detentions,
7     indictments, informations, pre-trial proceedings, trials,
8     or other formal events in the criminal justice system or
9     descriptions or notations of criminal charges (including
10     criminal violations of local municipal ordinances) and the
11     nature of any disposition arising therefrom, including
12     sentencing, court or correctional supervision,
13     rehabilitation and release. The term does not apply to
14     statistical records and reports in which individuals are
15     not identified and from which their identities are not
16     ascertainable, or to information that is for criminal
17     investigative or intelligence purposes.
18         (e) Records that relate to or affect the security of
19     correctional institutions and detention facilities.
20         (f) Preliminary drafts, notes, recommendations,
21     memoranda and other records in which opinions are
22     expressed, or policies or actions are formulated, except
23     that a specific record or relevant portion of a record
24     shall not be exempt when the record is publicly cited and
25     identified by the head of the public body. The exemption
26     provided in this paragraph (f) extends to all those records
27     of officers and agencies of the General Assembly that
28     pertain to the preparation of legislative documents.
29         (g) Trade secrets and commercial or financial
30     information obtained from a person or business where the
31     trade secrets or information are proprietary, privileged
32     or confidential, or where disclosure of the trade secrets
33     or information may cause competitive harm, including all
34     information determined to be confidential under Section



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1     4002 of the Technology Advancement and Development Act.
2     Nothing contained in this paragraph (g) shall be construed
3     to prevent a person or business from consenting to
4     disclosure.
5         (h) Proposals and bids for any contract, grant, or
6     agreement, including information which if it were
7     disclosed would frustrate procurement or give an advantage
8     to any person proposing to enter into a contractor
9     agreement with the body, until an award or final selection
10     is made. Information prepared by or for the body in
11     preparation of a bid solicitation shall be exempt until an
12     award or final selection is made.
13         (i) Valuable formulae, computer geographic systems,
14     designs, drawings and research data obtained or produced by
15     any public body when disclosure could reasonably be
16     expected to produce private gain or public loss. The
17     exemption for "computer geographic systems" provided in
18     this paragraph (i) does not extend to requests made by news
19     media as defined in Section 2 of this Act when the
20     requested information is not otherwise exempt and the only
21     purpose of the request is to access and disseminate
22     information regarding the health, safety, welfare, or
23     legal rights of the general public.
24         (j) Test questions, scoring keys and other examination
25     data used to administer an academic examination or
26     determined the qualifications of an applicant for a license
27     or employment.
28         (k) Architects' plans, engineers' technical
29     submissions, and other construction related technical
30     documents for projects not constructed or developed in
31     whole or in part with public funds and the same for
32     projects constructed or developed with public funds, but
33     only to the extent that disclosure would compromise
34     security, including but not limited to water treatment



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1     facilities, airport facilities, sport stadiums, convention
2     centers, and all government owned, operated, or occupied
3     buildings.
4         (l) Library circulation and order records identifying
5     library users with specific materials.
6         (m) Minutes of meetings of public bodies closed to the
7     public as provided in the Open Meetings Act until the
8     public body makes the minutes available to the public under
9     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 would
12     not be subject to discovery in litigation, and materials
13     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 the
20     evaluation of faculty members by their academic peers.
21         (p) Administrative or technical information associated
22     with automated data processing operations, including but
23     not limited to software, operating protocols, computer
24     program abstracts, file layouts, source listings, object
25     modules, load modules, user guides, documentation
26     pertaining to all logical and physical design of
27     computerized systems, employee manuals, and any other
28     information that, if disclosed, would jeopardize the
29     security of the system or its data or the security of
30     materials exempt under this Section.
31         (q) Documents or materials relating to collective
32     negotiating matters between public bodies and their
33     employees or representatives, except that any final
34     contract or agreement shall be subject to inspection and



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1     copying.
2         (r) Drafts, notes, recommendations and memoranda
3     pertaining to the financing and marketing transactions of
4     the public body. The records of ownership, registration,
5     transfer, and exchange of municipal debt obligations, and
6     of persons to whom payment with respect to these
7     obligations is made.
8         (s) The records, documents and information relating to
9     real estate purchase negotiations until those negotiations
10     have been completed or otherwise terminated. With regard to
11     a parcel involved in a pending or actually and reasonably
12     contemplated eminent domain proceeding under Article VII
13     of the Code of Civil Procedure, records, documents and
14     information relating to that parcel shall be exempt except
15     as may be allowed under discovery rules adopted by the
16     Illinois Supreme Court. The records, documents and
17     information relating to a real estate sale shall be exempt
18     until a sale is consummated.
19         (t) Any and all proprietary information and records
20     related to the operation of an intergovernmental risk
21     management association or self-insurance pool or jointly
22     self-administered health and accident cooperative or pool.
23         (u) Information concerning a university's adjudication
24     of student or employee grievance or disciplinary cases, to
25     the extent that disclosure would reveal the identity of the
26     student or employee and information concerning any public
27     body's adjudication of student or employee grievances or
28     disciplinary cases, except for the final outcome of the
29     cases.
30         (v) Course materials or research materials used by
31     faculty members.
32         (w) Information related solely to the internal
33     personnel rules and practices of a public body.
34         (x) Information contained in or related to



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1     examination, operating, or condition reports prepared by,
2     on behalf of, or for the use of a public body responsible
3     for the regulation or supervision of financial
4     institutions or insurance companies, unless disclosure is
5     otherwise required by State law.
6         (y) Information the disclosure of which is restricted
7     under Section 5-108 of the Public Utilities Act.
8         (z) Manuals or instruction to staff that relate to
9     establishment or collection of liability for any State tax
10     or that relate to investigations by a public body to
11     determine violation of any criminal law.
12         (aa) Applications, related documents, and medical
13     records received by the Experimental Organ Transplantation
14     Procedures Board and any and all documents or other records
15     prepared by the Experimental Organ Transplantation
16     Procedures Board or its staff relating to applications it
17     has received.
18         (bb) Insurance or self insurance (including any
19     intergovernmental risk management association or self
20     insurance pool) claims, loss or risk management
21     information, records, data, advice or communications.
22         (cc) Information and records held by the Department of
23     Public Health and its authorized representatives relating
24     to known or suspected cases of sexually transmissible
25     disease or any information the disclosure of which is
26     restricted under the Illinois Sexually Transmissible
27     Disease Control Act.
28         (dd) Information the disclosure of which is exempted
29     under Section 30 of the Radon Industry Licensing Act.
30         (ee) Firm performance evaluations under Section 55 of
31     the Architectural, Engineering, and Land Surveying
32     Qualifications Based Selection Act.
33         (ff) Security portions of system safety program plans,
34     investigation reports, surveys, schedules, lists, data, or



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1     information compiled, collected, or prepared by or for the
2     Regional Transportation Authority under Section 2.11 of
3     the Regional Transportation Authority Act or the St. Clair
4     County Transit District under the Bi-State Transit Safety
5     Act.
6         (gg) Information the disclosure of which is restricted
7     and exempted under Section 50 of the Illinois Prepaid
8     Tuition Act.
9         (hh) Information the disclosure of which is exempted
10     under the State Officials and Employees Ethics Act.
11         (ii) Beginning July 1, 1999, information that would
12     disclose or might lead to the disclosure of secret or
13     confidential information, codes, algorithms, programs, or
14     private keys intended to be used to create electronic or
15     digital signatures under the Electronic Commerce Security
16     Act.
17         (jj) Information contained in a local emergency energy
18     plan submitted to a municipality in accordance with a local
19     emergency energy plan ordinance that is adopted under
20     Section 11-21.5-5 of the Illinois Municipal Code.
21         (kk) Information and data concerning the distribution
22     of surcharge moneys collected and remitted by wireless
23     carriers under the Wireless Emergency Telephone Safety
24     Act.
25         (ll) Vulnerability assessments, security measures, and
26     response policies or plans that are designed to identify,
27     prevent, or respond to potential attacks upon a community's
28     population or systems, facilities, or installations, the
29     destruction or contamination of which would constitute a
30     clear and present danger to the health or safety of the
31     community, but only to the extent that disclosure could
32     reasonably be expected to jeopardize the effectiveness of
33     the measures or the safety of the personnel who implement
34     them or the public. Information exempt under this item may



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1     include such things as details pertaining to the
2     mobilization or deployment of personnel or equipment, to
3     the operation of communication systems or protocols, or to
4     tactical operations.
5         (mm) Maps and other records regarding the location or
6     security of a utility's generation, transmission,
7     distribution, storage, gathering, treatment, or switching
8     facilities.
9         (nn) Law enforcement officer identification
10     information or driver identification information compiled
11     by a law enforcement agency or the Department of
12     Transportation under Section 11-212 of the Illinois
13     Vehicle Code.
14         (oo) Records and information provided to a residential
15     health care facility resident sexual assault and death
16     review team or the Residential Health Care Facility
17     Resident Sexual Assault and Death Review Teams Executive
18     Council under the Residential Health Care Facility
19     Resident Sexual Assault and Death Review Team Act.
20         (pp) Defense budgets and petitions for certification
21     of compensation and expenses for court appointed trial
22     counsel as provided under Sections 10 and 15 of the Capital
23     Crimes Litigation Act. This subsection (pp) shall apply
24     until the conclusion of the trial and appeal of the case,
25     even if the prosecution chooses not to pursue the death
26     penalty prior to trial or sentencing.
27     (2) This Section does not authorize withholding of
28 information or limit the availability of records to the public,
29 except as stated in this Section or otherwise provided in this
30 Act.
31 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
32 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
33 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
34 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.



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1 8-21-03; 93-617, eff. 12-9-03.)"; and
2 on page 1, line 4, by replacing "Section 5" with "Section 10";
3 and
4 on page 1, line 19 after "counsel,", by inserting "including
5 those appointed in Cook County,"; and
6 on page 1, lines 22 through 24, by deleting the following:
7 "including the use of whenever possible of investigators and
8 other litigation support provided by the Office of the
9 Appellate Defender,"; and
10 on page 1, line 30, after "privileges.", by inserting the
11 following:
12 "Case budgets shall be reviewed and approved by the judge
13 assigned to try the case. As provided under subsection (c) of
14 this Section, petitions for compensation shall be reviewed by
15 both the trial judge and the presiding judge or the presiding
16 judge's designee."; and
17 on page 2, line 28, after "the", by replacing "trial judge"
18 with "presiding judge or the presiding judge's designee"; and
19 on page 2, line 30, after "authorization.", by inserting the
20 following:
21 "If an ex parte hearing is requested by defense counsel or
22 deemed necessary by the trial judge prior to modifying a
23 budget, the ex parte hearing shall be before the presiding
24 judge or the presiding judge's designee."
25 on page 2, line 31, after "tunc.", by inserting the following:
26 "If the presiding judge or the presiding judge's designee finds
27 that the services were not reasonable, payment may be denied.";



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1 and
2 on page 2, line 34, by replacing "Case" with "The case"; and
3 on page 3, line 1, after "defense.", by inserting the
4 following:
5 "If an ex parte hearing is requested by defense counsel or
6 deemed necessary by the trial judge prior to modifying a
7 budget, the ex parte hearing shall be before the presiding
8 judge or the presiding judge's designee."; and
9 on page 4, line 5, after "trial", by deleting "and appeal of
10 the case"; and
11 on page 4, line 7, after "sentencing.", by inserting the
12 following:
13 "If an ex parte hearing is requested by defense counsel or
14 deemed necessary by the trial judge, the hearing shall be
15 before the presiding judge or the presiding judge's designee.";
16 and
17 on page 4, line 19, after "designee.", by inserting the
18 following:
19 "If an ex parte hearing is requested by defense counsel or
20 deemed necessary by the trial judge, the ex parte hearing shall
21 be before the presiding judge or the presiding judge's
22 designee.".