Full Text of HB5267 100th General Assembly
HB5267eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | (Text of Section before amendment by P.A. 100-512 and | 8 | | 100-517 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be exempt | 11 | | from inspection and copying: | 12 | | (a) All information determined to be confidential | 13 | | under Section 4002 of the Technology Advancement and | 14 | | Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library | 17 | | Records Confidentiality Act. | 18 | | (c) Applications, related documents, and medical | 19 | | records received by the Experimental Organ Transplantation | 20 | | Procedures Board and any and all documents or other records | 21 | | prepared by the Experimental Organ Transplantation | 22 | | Procedures Board or its staff relating to applications it | 23 | | has received. |
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| 1 | | (d) Information and records held by the Department of | 2 | | Public Health and its authorized representatives relating | 3 | | to known or suspected cases of sexually transmissible | 4 | | disease or any information the disclosure of which is | 5 | | restricted under the Illinois Sexually Transmissible | 6 | | Disease Control Act. | 7 | | (e) Information the disclosure of which is exempted | 8 | | under Section 30 of the Radon Industry Licensing Act. | 9 | | (f) Firm performance evaluations under Section 55 of | 10 | | the Architectural, Engineering, and Land Surveying | 11 | | Qualifications Based Selection Act. | 12 | | (g) Information the disclosure of which is restricted | 13 | | and exempted under Section 50 of the Illinois Prepaid | 14 | | Tuition Act. | 15 | | (h) Information the disclosure of which is exempted | 16 | | under the State Officials and Employees Ethics Act, and | 17 | | records of any lawfully created State or local inspector | 18 | | general's office that would be exempt if created or | 19 | | obtained by an Executive Inspector General's office under | 20 | | that Act. | 21 | | (i) Information contained in a local emergency energy | 22 | | plan submitted to a municipality in accordance with a local | 23 | | emergency energy plan ordinance that is adopted under | 24 | | Section 11-21.5-5 of the Illinois Municipal Code. | 25 | | (j) Information and data concerning the distribution | 26 | | of surcharge moneys collected and remitted by carriers |
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| 1 | | under the Emergency Telephone System Act. | 2 | | (k) Law enforcement officer identification information | 3 | | or driver identification information compiled by a law | 4 | | enforcement agency or the Department of Transportation | 5 | | under Section 11-212 of the Illinois Vehicle Code. | 6 | | (l) Records and information provided to a residential | 7 | | health care facility resident sexual assault and death | 8 | | review team or the Executive Council under the Abuse | 9 | | Prevention Review Team Act. | 10 | | (m) Information provided to the predatory lending | 11 | | database created pursuant to Article 3 of the Residential | 12 | | Real Property Disclosure Act, except to the extent | 13 | | authorized under that Article. | 14 | | (n) Defense budgets and petitions for certification of | 15 | | compensation and expenses for court appointed trial | 16 | | counsel as provided under Sections 10 and 15 of the Capital | 17 | | Crimes Litigation Act. This subsection (n) shall apply | 18 | | until the conclusion of the trial of the case, even if the | 19 | | prosecution chooses not to pursue the death penalty prior | 20 | | to trial or sentencing. | 21 | | (o) Information that is prohibited from being | 22 | | disclosed under Section 4 of the Illinois Health and | 23 | | Hazardous Substances Registry Act. | 24 | | (p) Security portions of system safety program plans, | 25 | | investigation reports, surveys, schedules, lists, data, or | 26 | | information compiled, collected, or prepared by or for the |
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| 1 | | Regional Transportation Authority under Section 2.11 of | 2 | | the Regional Transportation Authority Act or the St. Clair | 3 | | County Transit District under the Bi-State Transit Safety | 4 | | Act. | 5 | | (q) Information prohibited from being disclosed by the | 6 | | Personnel Records Review Act. | 7 | | (r) Information prohibited from being disclosed by the | 8 | | Illinois School Student Records Act. | 9 | | (s) Information the disclosure of which is restricted | 10 | | under Section 5-108 of the Public Utilities Act.
| 11 | | (t) All identified or deidentified health information | 12 | | in the form of health data or medical records contained in, | 13 | | stored in, submitted to, transferred by, or released from | 14 | | the Illinois Health Information Exchange, and identified | 15 | | or deidentified health information in the form of health | 16 | | data and medical records of the Illinois Health Information | 17 | | Exchange in the possession of the Illinois Health | 18 | | Information Exchange Authority due to its administration | 19 | | of the Illinois Health Information Exchange. The terms | 20 | | "identified" and "deidentified" shall be given the same | 21 | | meaning as in the Health Insurance Portability and | 22 | | Accountability Act of 1996, Public Law 104-191, or any | 23 | | subsequent amendments thereto, and any regulations | 24 | | promulgated thereunder. | 25 | | (u) Records and information provided to an independent | 26 | | team of experts under Brian's Law. |
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| 1 | | (v) Names and information of people who have applied | 2 | | for or received Firearm Owner's Identification Cards under | 3 | | the Firearm Owners Identification Card Act or applied for | 4 | | or received a concealed carry license under the Firearm | 5 | | Concealed Carry Act, unless otherwise authorized by the | 6 | | Firearm Concealed Carry Act; and databases under the | 7 | | Firearm Concealed Carry Act, records of the Concealed Carry | 8 | | Licensing Review Board under the Firearm Concealed Carry | 9 | | Act, and law enforcement agency objections under the | 10 | | Firearm Concealed Carry Act. | 11 | | (w) Personally identifiable information which is | 12 | | exempted from disclosure under subsection (g) of Section | 13 | | 19.1 of the Toll Highway Act. | 14 | | (x) Information which is exempted from disclosure | 15 | | under Section 5-1014.3 of the Counties Code or Section | 16 | | 8-11-21 of the Illinois Municipal Code. | 17 | | (y) Confidential information under the Adult | 18 | | Protective Services Act and its predecessor enabling | 19 | | statute, the Elder Abuse and Neglect Act, including | 20 | | information about the identity and administrative finding | 21 | | against any caregiver of a verified and substantiated | 22 | | decision of abuse, neglect, or financial exploitation of an | 23 | | eligible adult maintained in the Registry established | 24 | | under Section 7.5 of the Adult Protective Services Act. | 25 | | (z) Records and information provided to a fatality | 26 | | review team or the Illinois Fatality Review Team Advisory |
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| 1 | | Council under Section 15 of the Adult Protective Services | 2 | | Act. | 3 | | (aa) Information which is exempted from disclosure | 4 | | under Section 2.37 of the Wildlife Code. | 5 | | (bb) Information which is or was prohibited from | 6 | | disclosure by the Juvenile Court Act of 1987. | 7 | | (cc) Recordings made under the Law Enforcement | 8 | | Officer-Worn Body Camera Act, except to the extent | 9 | | authorized under that Act. | 10 | | (dd) Information that is prohibited from being | 11 | | disclosed under Section 45 of the Condominium and Common | 12 | | Interest Community Ombudsperson Act. | 13 | | (ee) Information that is exempted from disclosure | 14 | | under Section 30.1 of the Pharmacy Practice Act. | 15 | | (ff) Information that is exempted from disclosure | 16 | | under the Revised Uniform Unclaimed Property Act. | 17 | | (gg) (ff) Information that is prohibited from being | 18 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 19 | | Code. | 20 | | (hh) (ff) Records that are exempt from disclosure under | 21 | | Section 1A-16.7 of the Election Code. | 22 | | (ii) (ff) Information which is exempted from | 23 | | disclosure under Section 2505-800 of the Department of | 24 | | Revenue Law of the Civil Administrative Code of Illinois. | 25 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 26 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
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| 1 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 2 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 3 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | 4 | | (Text of Section after amendment by P.A. 100-517 but before | 5 | | amendment by P.A. 100-512 ) | 6 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 7 | | by the statutes referenced below, the following shall be exempt | 8 | | from inspection and copying: | 9 | | (a) All information determined to be confidential | 10 | | under Section 4002 of the Technology Advancement and | 11 | | Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library | 14 | | Records Confidentiality Act. | 15 | | (c) Applications, related documents, and medical | 16 | | records received by the Experimental Organ Transplantation | 17 | | Procedures Board and any and all documents or other records | 18 | | prepared by the Experimental Organ Transplantation | 19 | | Procedures Board or its staff relating to applications it | 20 | | has received. | 21 | | (d) Information and records held by the Department of | 22 | | Public Health and its authorized representatives relating | 23 | | to known or suspected cases of sexually transmissible | 24 | | disease or any information the disclosure of which is | 25 | | restricted under the Illinois Sexually Transmissible |
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| 1 | | Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted | 3 | | under Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of | 5 | | the Architectural, Engineering, and Land Surveying | 6 | | Qualifications Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted | 8 | | and exempted under Section 50 of the Illinois Prepaid | 9 | | Tuition Act. | 10 | | (h) Information the disclosure of which is exempted | 11 | | under the State Officials and Employees Ethics Act, and | 12 | | records of any lawfully created State or local inspector | 13 | | general's office that would be exempt if created or | 14 | | obtained by an Executive Inspector General's office under | 15 | | that Act. | 16 | | (i) Information contained in a local emergency energy | 17 | | plan submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under | 19 | | Section 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution | 21 | | of surcharge moneys collected and remitted by carriers | 22 | | under the Emergency Telephone System Act. | 23 | | (k) Law enforcement officer identification information | 24 | | or driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation | 26 | | under Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death | 3 | | review team or the Executive Council under the Abuse | 4 | | Prevention Review Team Act. | 5 | | (m) Information provided to the predatory lending | 6 | | database created pursuant to Article 3 of the Residential | 7 | | Real Property Disclosure Act, except to the extent | 8 | | authorized under that Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial | 11 | | counsel as provided under Sections 10 and 15 of the Capital | 12 | | Crimes Litigation Act. This subsection (n) shall apply | 13 | | until the conclusion of the trial of the case, even if the | 14 | | prosecution chooses not to pursue the death penalty prior | 15 | | to trial or sentencing. | 16 | | (o) Information that is prohibited from being | 17 | | disclosed under Section 4 of the Illinois Health and | 18 | | Hazardous Substances Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of | 23 | | the Regional Transportation Authority Act or the St. Clair | 24 | | County Transit District under the Bi-State Transit Safety | 25 | | Act. | 26 | | (q) Information prohibited from being disclosed by the |
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| 1 | | Personnel Records Review Act. | 2 | | (r) Information prohibited from being disclosed by the | 3 | | Illinois School Student Records Act. | 4 | | (s) Information the disclosure of which is restricted | 5 | | under Section 5-108 of the Public Utilities Act.
| 6 | | (t) All identified or deidentified health information | 7 | | in the form of health data or medical records contained in, | 8 | | stored in, submitted to, transferred by, or released from | 9 | | the Illinois Health Information Exchange, and identified | 10 | | or deidentified health information in the form of health | 11 | | data and medical records of the Illinois Health Information | 12 | | Exchange in the possession of the Illinois Health | 13 | | Information Exchange Authority due to its administration | 14 | | of the Illinois Health Information Exchange. The terms | 15 | | "identified" and "deidentified" shall be given the same | 16 | | meaning as in the Health Insurance Portability and | 17 | | Accountability Act of 1996, Public Law 104-191, or any | 18 | | subsequent amendments thereto, and any regulations | 19 | | promulgated thereunder. | 20 | | (u) Records and information provided to an independent | 21 | | team of experts under Brian's Law. | 22 | | (v) Names and information of people who have applied | 23 | | for or received Firearm Owner's Identification Cards under | 24 | | the Firearm Owners Identification Card Act or applied for | 25 | | or received a concealed carry license under the Firearm | 26 | | Concealed Carry Act, unless otherwise authorized by the |
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| 1 | | Firearm Concealed Carry Act; and databases under the | 2 | | Firearm Concealed Carry Act, records of the Concealed Carry | 3 | | Licensing Review Board under the Firearm Concealed Carry | 4 | | Act, and law enforcement agency objections under the | 5 | | Firearm Concealed Carry Act. | 6 | | (w) Personally identifiable information which is | 7 | | exempted from disclosure under subsection (g) of Section | 8 | | 19.1 of the Toll Highway Act. | 9 | | (x) Information which is exempted from disclosure | 10 | | under Section 5-1014.3 of the Counties Code or Section | 11 | | 8-11-21 of the Illinois Municipal Code. | 12 | | (y) Confidential information under the Adult | 13 | | Protective Services Act and its predecessor enabling | 14 | | statute, the Elder Abuse and Neglect Act, including | 15 | | information about the identity and administrative finding | 16 | | against any caregiver of a verified and substantiated | 17 | | decision of abuse, neglect, or financial exploitation of an | 18 | | eligible adult maintained in the Registry established | 19 | | under Section 7.5 of the Adult Protective Services Act. | 20 | | (z) Records and information provided to a fatality | 21 | | review team or the Illinois Fatality Review Team Advisory | 22 | | Council under Section 15 of the Adult Protective Services | 23 | | Act. | 24 | | (aa) Information which is exempted from disclosure | 25 | | under Section 2.37 of the Wildlife Code. | 26 | | (bb) Information which is or was prohibited from |
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| 1 | | disclosure by the Juvenile Court Act of 1987. | 2 | | (cc) Recordings made under the Law Enforcement | 3 | | Officer-Worn Body Camera Act, except to the extent | 4 | | authorized under that Act. | 5 | | (dd) Information that is prohibited from being | 6 | | disclosed under Section 45 of the Condominium and Common | 7 | | Interest Community Ombudsperson Act. | 8 | | (ee) Information that is exempted from disclosure | 9 | | under Section 30.1 of the Pharmacy Practice Act. | 10 | | (ff) Information that is exempted from disclosure | 11 | | under the Revised Uniform Unclaimed Property Act. | 12 | | (gg) (ff) Information that is prohibited from being | 13 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 14 | | Code. | 15 | | (hh) (ff) Records that are exempt from disclosure under | 16 | | Section 1A-16.7 of the Election Code. | 17 | | (ii) (ff) Information which is exempted from | 18 | | disclosure under Section 2505-800 of the Department of | 19 | | Revenue Law of the Civil Administrative Code of Illinois. | 20 | | (jj) (ff) Information and reports that are required to | 21 | | be submitted to the Department of Labor by registering day | 22 | | and temporary labor service agencies but are exempt from | 23 | | disclosure under subsection (a-1) of Section 45 of the Day | 24 | | and Temporary Labor Services Act. | 25 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 26 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
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| 1 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 2 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 3 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | 4 | | 11-2-17.) | 5 | | (Text of Section after amendment by P.A. 100-512 ) | 6 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 7 | | by the statutes referenced below, the following shall be exempt | 8 | | from inspection and copying: | 9 | | (a) All information determined to be confidential | 10 | | under Section 4002 of the Technology Advancement and | 11 | | Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library | 14 | | Records Confidentiality Act. | 15 | | (c) Applications, related documents, and medical | 16 | | records received by the Experimental Organ Transplantation | 17 | | Procedures Board and any and all documents or other records | 18 | | prepared by the Experimental Organ Transplantation | 19 | | Procedures Board or its staff relating to applications it | 20 | | has received. | 21 | | (d) Information and records held by the Department of | 22 | | Public Health and its authorized representatives relating | 23 | | to known or suspected cases of sexually transmissible | 24 | | disease or any information the disclosure of which is | 25 | | restricted under the Illinois Sexually Transmissible |
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| 1 | | Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted | 3 | | under Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of | 5 | | the Architectural, Engineering, and Land Surveying | 6 | | Qualifications Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted | 8 | | and exempted under Section 50 of the Illinois Prepaid | 9 | | Tuition Act. | 10 | | (h) Information the disclosure of which is exempted | 11 | | under the State Officials and Employees Ethics Act, and | 12 | | records of any lawfully created State or local inspector | 13 | | general's office that would be exempt if created or | 14 | | obtained by an Executive Inspector General's office under | 15 | | that Act. | 16 | | (i) Information contained in a local emergency energy | 17 | | plan submitted to a municipality in accordance with a local | 18 | | emergency energy plan ordinance that is adopted under | 19 | | Section 11-21.5-5 of the Illinois Municipal Code. | 20 | | (j) Information and data concerning the distribution | 21 | | of surcharge moneys collected and remitted by carriers | 22 | | under the Emergency Telephone System Act. | 23 | | (k) Law enforcement officer identification information | 24 | | or driver identification information compiled by a law | 25 | | enforcement agency or the Department of Transportation | 26 | | under Section 11-212 of the Illinois Vehicle Code. |
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| 1 | | (l) Records and information provided to a residential | 2 | | health care facility resident sexual assault and death | 3 | | review team or the Executive Council under the Abuse | 4 | | Prevention Review Team Act. | 5 | | (m) Information provided to the predatory lending | 6 | | database created pursuant to Article 3 of the Residential | 7 | | Real Property Disclosure Act, except to the extent | 8 | | authorized under that Article. | 9 | | (n) Defense budgets and petitions for certification of | 10 | | compensation and expenses for court appointed trial | 11 | | counsel as provided under Sections 10 and 15 of the Capital | 12 | | Crimes Litigation Act. This subsection (n) shall apply | 13 | | until the conclusion of the trial of the case, even if the | 14 | | prosecution chooses not to pursue the death penalty prior | 15 | | to trial or sentencing. | 16 | | (o) Information that is prohibited from being | 17 | | disclosed under Section 4 of the Illinois Health and | 18 | | Hazardous Substances Registry Act. | 19 | | (p) Security portions of system safety program plans, | 20 | | investigation reports, surveys, schedules, lists, data, or | 21 | | information compiled, collected, or prepared by or for the | 22 | | Regional Transportation Authority under Section 2.11 of | 23 | | the Regional Transportation Authority Act or the St. Clair | 24 | | County Transit District under the Bi-State Transit Safety | 25 | | Act. | 26 | | (q) Information prohibited from being disclosed by the |
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| 1 | | Personnel Records Review Act. | 2 | | (r) Information prohibited from being disclosed by the | 3 | | Illinois School Student Records Act. | 4 | | (s) Information the disclosure of which is restricted | 5 | | under Section 5-108 of the Public Utilities Act.
| 6 | | (t) All identified or deidentified health information | 7 | | in the form of health data or medical records contained in, | 8 | | stored in, submitted to, transferred by, or released from | 9 | | the Illinois Health Information Exchange, and identified | 10 | | or deidentified health information in the form of health | 11 | | data and medical records of the Illinois Health Information | 12 | | Exchange in the possession of the Illinois Health | 13 | | Information Exchange Authority due to its administration | 14 | | of the Illinois Health Information Exchange. The terms | 15 | | "identified" and "deidentified" shall be given the same | 16 | | meaning as in the Health Insurance Portability and | 17 | | Accountability Act of 1996, Public Law 104-191, or any | 18 | | subsequent amendments thereto, and any regulations | 19 | | promulgated thereunder. | 20 | | (u) Records and information provided to an independent | 21 | | team of experts under Brian's Law. | 22 | | (v) Names and information of people who have applied | 23 | | for or received Firearm Owner's Identification Cards under | 24 | | the Firearm Owners Identification Card Act or applied for | 25 | | or received a concealed carry license under the Firearm | 26 | | Concealed Carry Act, unless otherwise authorized by the |
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| 1 | | Firearm Concealed Carry Act; and databases under the | 2 | | Firearm Concealed Carry Act, records of the Concealed Carry | 3 | | Licensing Review Board under the Firearm Concealed Carry | 4 | | Act, and law enforcement agency objections under the | 5 | | Firearm Concealed Carry Act. | 6 | | (w) Personally identifiable information which is | 7 | | exempted from disclosure under subsection (g) of Section | 8 | | 19.1 of the Toll Highway Act. | 9 | | (x) Information which is exempted from disclosure | 10 | | under Section 5-1014.3 of the Counties Code or Section | 11 | | 8-11-21 of the Illinois Municipal Code. | 12 | | (y) Confidential information under the Adult | 13 | | Protective Services Act and its predecessor enabling | 14 | | statute, the Elder Abuse and Neglect Act, including | 15 | | information about the identity and administrative finding | 16 | | against any caregiver of a verified and substantiated | 17 | | decision of abuse, neglect, or financial exploitation of an | 18 | | eligible adult maintained in the Registry established | 19 | | under Section 7.5 of the Adult Protective Services Act. | 20 | | (z) Records and information provided to a fatality | 21 | | review team or the Illinois Fatality Review Team Advisory | 22 | | Council under Section 15 of the Adult Protective Services | 23 | | Act. | 24 | | (aa) Information which is exempted from disclosure | 25 | | under Section 2.37 of the Wildlife Code. | 26 | | (bb) Information which is or was prohibited from |
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| 1 | | disclosure by the Juvenile Court Act of 1987. | 2 | | (cc) Recordings made under the Law Enforcement | 3 | | Officer-Worn Body Camera Act, except to the extent | 4 | | authorized under that Act. | 5 | | (dd) Information that is prohibited from being | 6 | | disclosed under Section 45 of the Condominium and Common | 7 | | Interest Community Ombudsperson Act. | 8 | | (ee) Information that is exempted from disclosure | 9 | | under Section 30.1 of the Pharmacy Practice Act. | 10 | | (ff) Information that is exempted from disclosure | 11 | | under the Revised Uniform Unclaimed Property Act. | 12 | | (gg) (ff) Information that is prohibited from being | 13 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 14 | | Code. | 15 | | (hh) (ff) Records that are exempt from disclosure under | 16 | | Section 1A-16.7 of the Election Code. | 17 | | (ii) (ff) Information which is exempted from | 18 | | disclosure under Section 2505-800 of the Department of | 19 | | Revenue Law of the Civil Administrative Code of Illinois. | 20 | | (jj) (ff) Information and reports that are required to | 21 | | be submitted to the Department of Labor by registering day | 22 | | and temporary labor service agencies but are exempt from | 23 | | disclosure under subsection (a-1) of Section 45 of the Day | 24 | | and Temporary Labor Services Act. | 25 | | (kk) (ff) Information prohibited from disclosure under | 26 | | the Seizure and Forfeiture Reporting Act. |
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| 1 | | (ll) Records that are exempt from disclosure under | 2 | | Section 4.2 of the Crime Victims Compensation Act. | 3 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 4 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 5 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 6 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 7 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 8 | | eff. 6-1-18; revised 11-2-17.) | 9 | | Section 10. The Crime Victims Compensation Act is amended | 10 | | by changing Section 2 and by adding Section 4.2 as follows:
| 11 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 12 | | Sec. 2. Definitions. As used in this Act, unless the | 13 | | context
otherwise requires:
| 14 | | (a) "Applicant" means any person who applies for | 15 | | compensation under this
Act or any person the Court of Claims | 16 | | finds is entitled to compensation,
including the guardian of a | 17 | | minor or of a person under legal disability. It
includes any | 18 | | person who was a dependent of a deceased victim of a crime of
| 19 | | violence for his or her support at the time of the death of | 20 | | that victim.
| 21 | | (b) "Court of Claims" means the Court of Claims created by | 22 | | the Court
of Claims Act.
| 23 | | (c) "Crime of violence" means and includes any offense | 24 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
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| 1 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 2 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 3 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, | 4 | | 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| 5 | | 12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or | 6 | | Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 7 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 9 | | the Cemetery Protection Act, Section 125 of the Stalking No | 10 | | Contact Order Act, Section 219 of the Civil No Contact Order | 11 | | Act, driving under
the influence as defined in Section
11-501 | 12 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 13 | | the Illinois Vehicle Code, provided the victim was a pedestrian | 14 | | or was operating a vehicle moved solely by human power or a | 15 | | mobility device at the time of contact, and a violation of | 16 | | Section 11-204.1 of the Illinois Vehicle Code; so long as the | 17 | | offense did not occur
during a civil riot, insurrection or | 18 | | rebellion. "Crime of violence" does not
include any other | 19 | | offense or accident involving a motor vehicle except those
| 20 | | vehicle offenses specifically provided for in this paragraph. | 21 | | "Crime of
violence" does include all of the offenses | 22 | | specifically provided for in this
paragraph that occur within | 23 | | this State but are subject to federal jurisdiction
and crimes | 24 | | involving terrorism as defined in 18 U.S.C. 2331.
| 25 | | (d) "Victim" means (1) a person killed or injured in this | 26 | | State as a
result of a crime of violence perpetrated or |
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| 1 | | attempted against him or her,
(2) the
spouse or parent of a | 2 | | person killed or injured in this State as a result of a crime | 3 | | of
violence perpetrated or attempted against the person, (3) a | 4 | | person killed
or injured in this State while attempting to | 5 | | assist a person against whom a
crime of violence is being | 6 | | perpetrated or attempted, if that attempt of
assistance would | 7 | | be expected of a reasonable person under the circumstances,
(4) | 8 | | a person killed or injured in this State while assisting a law
| 9 | | enforcement official apprehend a person who has perpetrated a | 10 | | crime of
violence or prevent the perpetration of any such crime | 11 | | if that
assistance was in response to the express request of | 12 | | the law enforcement
official, (5) a person who personally
| 13 | | witnessed a violent crime, (5.05) a person who will be called | 14 | | as a witness by the prosecution to establish a necessary nexus | 15 | | between the offender and the violent crime, (5.1) solely
for | 16 | | the purpose of compensating for pecuniary loss incurred for
| 17 | | psychological treatment of a mental or emotional condition | 18 | | caused or aggravated
by the crime, any other person under the | 19 | | age of 18 who is the brother, sister,
half brother, half | 20 | | sister, child, or stepchild
of a person killed or injured in
| 21 | | this State as a
result of a crime of violence, (6) an Illinois | 22 | | resident
who is a victim of a "crime of violence" as defined in | 23 | | this Act except, if
the crime occurred outside this State, the | 24 | | resident has the same rights
under this Act as if the crime had | 25 | | occurred in this State upon a showing
that the state, | 26 | | territory, country, or political subdivision of a country
in |
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| 1 | | which the crime occurred does not have a compensation of | 2 | | victims of
crimes law for which that Illinois resident is | 3 | | eligible, (7) a deceased person whose body is dismembered or | 4 | | whose remains are desecrated as the result of a crime of | 5 | | violence, or (8) solely for the purpose of compensating for | 6 | | pecuniary loss incurred for psychological treatment of a mental | 7 | | or emotional condition caused or aggravated by the crime, any | 8 | | parent, spouse, or child under the age of 18 of a deceased | 9 | | person whose body is dismembered or whose remains are | 10 | | desecrated as the result of a crime of violence.
| 11 | | (e) "Dependent" means a relative of a deceased victim who | 12 | | was wholly or
partially dependent upon the victim's income at | 13 | | the time of his or her
death
and shall include the child of a | 14 | | victim born after his or her death.
| 15 | | (f) "Relative" means a spouse, parent, grandparent, | 16 | | stepfather, stepmother,
child, grandchild, brother, | 17 | | brother-in-law, sister, sister-in-law, half
brother, half | 18 | | sister, spouse's parent, nephew, niece, uncle or aunt.
| 19 | | (g) "Child" means an unmarried son or daughter who is under | 20 | | 18 years of
age and includes a stepchild, an adopted child or a | 21 | | child born out of wedlock.
| 22 | | (h) "Pecuniary loss" means, in the case of injury, | 23 | | appropriate medical
expenses and hospital expenses including | 24 | | expenses of medical
examinations, rehabilitation, medically | 25 | | required
nursing care expenses, appropriate
psychiatric care | 26 | | or psychiatric counseling expenses, appropriate expenses for |
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| 1 | | care or
counseling by a licensed clinical psychologist, | 2 | | licensed clinical social
worker, licensed professional | 3 | | counselor, or licensed clinical professional counselor and | 4 | | expenses for treatment by Christian Science practitioners and
| 5 | | nursing care appropriate thereto; transportation expenses to | 6 | | and from medical and counseling treatment facilities; | 7 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 8 | | or damaged as a result of the
crime; costs associated with | 9 | | trafficking tattoo removal by a person authorized or licensed | 10 | | to perform the specific removal procedure; replacement costs | 11 | | for clothing and bedding used as evidence; costs
associated | 12 | | with temporary lodging or relocation necessary as a
result of | 13 | | the crime, including, but not limited to, the first month's | 14 | | rent and security deposit of the dwelling that the claimant | 15 | | relocated to and other reasonable relocation expenses incurred | 16 | | as a result of the violent crime;
locks or windows necessary or | 17 | | damaged as a result of the crime; the purchase,
lease, or | 18 | | rental of equipment necessary to create usability of and
| 19 | | accessibility to the victim's real and personal property, or | 20 | | the real and
personal property which is used by the victim, | 21 | | necessary as a result of the
crime; the costs of appropriate | 22 | | crime scene clean-up;
replacement
services loss, to a maximum | 23 | | of $1,250 per month;
dependents replacement
services loss, to a | 24 | | maximum of $1,250 per month; loss of tuition paid to
attend | 25 | | grammar school or high school when the victim had been enrolled | 26 | | as a
student prior to the injury, or college or graduate school |
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| 1 | | when
the victim had been enrolled as a day or night student | 2 | | prior to
the injury when the victim becomes unable to continue | 3 | | attendance at school
as a result of the crime of violence | 4 | | perpetrated against him or her; loss
of
earnings, loss of | 5 | | future earnings because of disability resulting from the
| 6 | | injury, and, in addition, in the case of death, expenses for | 7 | | funeral, burial, and travel and transport for survivors
of | 8 | | homicide victims to secure bodies of deceased victims and to | 9 | | transport
bodies for burial all of which
may not exceed a | 10 | | maximum of $7,500 and loss of support of the dependents of
the | 11 | | victim; in the case of dismemberment or desecration of a body, | 12 | | expenses for funeral and burial, all of which may not exceed a | 13 | | maximum of $7,500.
Loss of future earnings shall be reduced by | 14 | | any income from substitute work
actually performed by the | 15 | | victim or by income he or she would have earned
in
available | 16 | | appropriate substitute work he or she was capable of performing
| 17 | | but
unreasonably failed to undertake. Loss of earnings, loss of | 18 | | future
earnings and loss of support shall be determined on the | 19 | | basis of the
victim's average net monthly earnings for the 6 | 20 | | months immediately
preceding the date of the injury or on | 21 | | $1,250 per month, whichever is less or, in cases where the | 22 | | absences commenced more than 3 years from the date of the | 23 | | crime, on the basis of the net monthly earnings for the 6 | 24 | | months immediately preceding the date of the first absence, not | 25 | | to exceed $1,250 per month.
If a divorced or legally separated | 26 | | applicant is claiming loss of support
for a minor child of the |
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| 1 | | deceased, the amount of support for each child
shall be based | 2 | | either on the amount of support
pursuant to the judgment prior | 3 | | to the date of the deceased
victim's injury or death, or, if | 4 | | the subject of pending litigation filed by
or on behalf of the | 5 | | divorced or legally separated applicant prior to the
injury or | 6 | | death, on the result of that litigation. Real and personal
| 7 | | property includes, but is not limited to, vehicles, houses, | 8 | | apartments,
town houses, or condominiums. Pecuniary loss does | 9 | | not
include pain and suffering or property loss or damage.
| 10 | | (i) "Replacement services loss" means expenses reasonably | 11 | | incurred in
obtaining ordinary and necessary services in lieu | 12 | | of those the
injured person would have performed, not for | 13 | | income, but for the benefit
of himself or herself or his or her | 14 | | family, if he or she had not
been injured.
| 15 | | (j) "Dependents replacement services loss" means loss | 16 | | reasonably incurred
by dependents or private legal guardians of | 17 | | minor dependents after a victim's death in obtaining ordinary | 18 | | and necessary
services in lieu of those the victim would have | 19 | | performed, not for income,
but for their benefit, if he or she | 20 | | had not been fatally injured.
| 21 | | (k) "Survivor" means immediate family including a parent, | 22 | | step-father,
step-mother, child,
brother, sister, or spouse.
| 23 | | (l) "Parent" means a natural parent, adopted parent, | 24 | | step-parent, or permanent legal guardian of another person. | 25 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 26 | | victim in connection with the commission of a violation of |
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| 1 | | Section 10-9 of the Criminal Code of 2012. | 2 | | (Source: P.A. 98-435, eff. 1-1-14; 99-671, eff. 1-1-17 .) | 3 | | (740 ILCS 45/4.2 new) | 4 | | Sec. 4.2. Cooperation in review of crime victims | 5 | | compensation applications. A law enforcement agency in this | 6 | | State shall, within 15 days of receipt of a written request for | 7 | | a police report made to verify that the requirements of a crime | 8 | | victims compensation application under Section 6.1 of this Act | 9 | | have been met, provide the Attorney General's office with the | 10 | | law enforcement agency's full written report of the | 11 | | investigation of the crime for which an application for | 12 | | compensation has been filed. The law enforcement agency may | 13 | | redact the following from the report: names of confidential | 14 | | sources and informants; locations from which law enforcement | 15 | | conduct surveillance; and information related to issues of | 16 | | national security the law enforcement agency provided to or | 17 | | received from the United States Department of Homeland Security | 18 | | or another federal law enforcement agency. The Attorney | 19 | | General's office and a law enforcement agency may agree to the | 20 | | redaction of other information in the report or to the | 21 | | provision of necessary information in another format. Within 15 | 22 | | days of receipt of the request, a law enforcement agency shall | 23 | | respond to a written request from the Attorney General's office | 24 | | for additional information necessary to assist the Attorney | 25 | | General's office in making a recommendation for compensation. |
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| 1 | | Records that are obtained by the Attorney General's office | 2 | | from a law enforcement agency under this Section for purposes | 3 | | of investigating an application for crime victim compensation | 4 | | shall not be disclosed to the public, including the applicant, | 5 | | by the Attorney General's office. The records, while in the | 6 | | possession of the Attorney General's office, shall be exempt | 7 | | from disclosure by the Attorney General's office under the | 8 | | Freedom of Information Act.
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
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