Full Text of SB2945 100th General Assembly
SB2945sam001 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/4/2018
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| 1 | | AMENDMENT TO SENATE BILL 2945
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2945 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the First | 5 | | Responders Suicide Prevention Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds that: | 8 | | (1) This State's first responders are tasked with work that | 9 | | is highly stressful where one continually faces the impact of | 10 | | murder, violence, accidents, serious injury, and death. The day | 11 | | in and day out impact of these situations wreak havoc | 12 | | personally and professionally on those who serve their | 13 | | communities. Work as a first responder is a combination of | 14 | | extreme boredom with incidents of mind-numbing terror. No | 15 | | person, no matter how highly trained or well-adjusted, is | 16 | | immune to the long-term impact of cumulative stress or sudden |
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| 1 | | critical incidents. | 2 | | (2) Since September 11, 2001, the role of first responders | 3 | | has changed dramatically. First responders have become the | 4 | | teachers, advocates, counselors, enforcement, and safety to | 5 | | those they serve, yet year after year, police and fire fighters | 6 | | always rank at the top for the most stressful jobs in this | 7 | | country. The demands of shift work, change in politics and | 8 | | public policy, and having to make life changing decisions | 9 | | within seconds are all contributing factors in the mental | 10 | | health and welfare of our public servants. Alcoholism, divorce, | 11 | | depression, post-traumatic stress disorder (PTSD), | 12 | | stress-related health issues, and suicide among first | 13 | | responders are constantly well above the national average. The | 14 | | health and well-being of first responders not only affect the | 15 | | officer or fire fighter, but those who work closely around the | 16 | | first responder and the public he or she serves and protects. | 17 | | (3) The purpose of this Act is to allow agencies to train | 18 | | personnel in peer counseling. This allows fire fighters and law | 19 | | enforcement officers to have access to trained persons within | 20 | | their respective fields to speak to and seek guidance during | 21 | | difficult and challenging times in their careers and lives. | 22 | | Most first responders feel comfortable speaking to others | 23 | | within their profession that have experienced similar | 24 | | situations. Allowing this type of counseling gives public | 25 | | servants the ability to seek help during trying times with the | 26 | | confidence of knowing their issue is held in confidence with |
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| 1 | | someone who understands. No longer should these public servants | 2 | | have to suffer in silence. | 3 | | (4) Maintaining an emotional and mentally healthy class of | 4 | | first responders should be a priority goal to achieve. Healthy | 5 | | fire fighters and police make better decisions, increase | 6 | | productivity, create better work environments, and respond to | 7 | | society in a much more open and effective manner. | 8 | | Section 10. Definitions. In this Act: | 9 | | "Emergency services provider" means any public employer | 10 | | that employs persons to provide fire fighting services. | 11 | | "Emergency services personnel" means any employee of an | 12 | | emergency services provider who is engaged in providing fire | 13 | | fighting services. | 14 | | "Employee assistance program" means a program established | 15 | | by a law enforcement agency or emergency services provider to | 16 | | provide counseling support services to employees of the law | 17 | | enforcement agency or emergency services provider, including | 18 | | peer support counselors who have received training in | 19 | | counseling and moral support. | 20 | | "Law enforcement agency" means any county sheriff, | 21 | | municipal police department, police department established by | 22 | | a university, Department of State Police, Department of | 23 | | Corrections, Department of Children and Family Services, | 24 | | Division of Probation Services of the Supreme Court, the Office | 25 | | of the Statewide 9-1-1 Administrator, and other local or county |
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| 1 | | agency comprised of county probation officers, corrections | 2 | | employees, or 9-1-1 telecommunicators or emergency medical | 3 | | dispatchers. | 4 | | "Peer support counseling session" means communication with | 5 | | a counselor through an employee assistance program or a trained | 6 | | peer support counselor designated by the emergency services | 7 | | provider or law enforcement agency. | 8 | | "Public safety personnel" means any employee of a law | 9 | | enforcement agency. | 10 | | Section 15. Establishment of employee assistance program; | 11 | | applicability. | 12 | | (a) This Act applies to peer support counseling sessions | 13 | | conducted by an employee or other person who: | 14 | | (1) has been designated by a law enforcement agency or | 15 | | emergency services provider or by an employee assistance | 16 | | program to act as a counselor; and | 17 | | (2) has received training in counseling to provide | 18 | | emotional and moral support to public safety personnel or | 19 | | emergency services personnel who have been involved in | 20 | | emotionally traumatic incidents by reason of their | 21 | | employment that may affect their ability to execute their | 22 | | respective duties. | 23 | | (b) An emergency services provider or law enforcement | 24 | | agency may establish an employee assistance program to assist | 25 | | emergency services personnel and public safety personnel, |
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| 1 | | including designating a person within the emergency services | 2 | | provider or law enforcement agency to act as a peer support | 3 | | counselor. An emergency services provider or law enforcement | 4 | | agency shall give appropriate training in counseling to provide | 5 | | emotional and moral support to persons designated as a peer | 6 | | support counselor. Emergency services personnel and public | 7 | | safety personnel may refer any person to an employee assistance | 8 | | program or peer support counselor within the emergency services | 9 | | provider or law enforcement agency, or if those services are | 10 | | not available within the agency, to another employee assistance | 11 | | program or peer support counseling program that is available. | 12 | | Section 20. Confidentiality; exemptions. | 13 | | (a) Any communication made by a participant or counselor in | 14 | | a peer support counseling session conducted by a law | 15 | | enforcement agency or by an emergency services provider for | 16 | | public safety personnel or emergency services personnel and any | 17 | | oral or written information conveyed in the peer support | 18 | | counseling session is confidential and may not be disclosed by | 19 | | any person participating in the peer support counseling | 20 | | session. | 21 | | (b) Any communication relating to a peer support counseling | 22 | | session made confidential under this Section that is made | 23 | | between counselors, between counselors and the supervisors or | 24 | | staff of an employee assistance program, or between the | 25 | | supervisor or staff of an employee assistance program, is |
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| 1 | | confidential and may not be disclosed. | 2 | | (c) This Section does not prohibit any communications | 3 | | between counselors who conduct peer support counseling | 4 | | sessions or any communications between counselors and the | 5 | | supervisors or staff of an employee assistance program. | 6 | | (d) This Section does not apply to: | 7 | | (1) any threat of suicide or homicide made by a | 8 | | participant in a peer counseling session or any information | 9 | | conveyed in a peer support counseling session related to a | 10 | | threat of suicide or homicide; | 11 | | (2) any information relating to the abuse of children | 12 | | or of the elderly or other information that is required to | 13 | | be reported by law; or | 14 | | (3) any admission of criminal conduct. | 15 | | (e) All communications, notes, records, and reports | 16 | | arising out of a peer support counseling session are not | 17 | | subject to disclosure under Section 7.5 of the Freedom of | 18 | | Information Act. | 19 | | Section 25. Judicial proceedings. | 20 | | (a) Any oral communication or written information made or | 21 | | conveyed by a participant or counselor in a peer support | 22 | | session, including an employee assistance program, is not | 23 | | admissible in any judicial proceeding, arbitration proceeding, | 24 | | or other adjudicatory proceeding. Communications and | 25 | | information made confidential may not be disclosed by the |
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| 1 | | participants in any judicial proceeding, administrative | 2 | | proceeding, arbitration proceeding, or other adjudicatory | 3 | | proceeding. The limitations on disclosure imposed by this | 4 | | Section include disclosure during any discovery conducted as a | 5 | | part of an adjudicatory proceeding. | 6 | | (b) Nothing in this Section limits the discovery or | 7 | | introduction into evidence, knowledge acquired by any public | 8 | | safety personnel or emergency services personnel from | 9 | | observations made during the course of employment or material | 10 | | or information acquired during the course of employment that is | 11 | | otherwise subject to discovery in evidence. | 12 | | Section 105. The Freedom of Information Act is amended by | 13 | | changing Section 7.5 as follows: | 14 | | (5 ILCS 140/7.5) | 15 | | (Text of Section before amendment by P.A. 100-512 and | 16 | | 100-517 ) | 17 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 18 | | by the statutes referenced below, the following shall be exempt | 19 | | from inspection and copying: | 20 | | (a) All information determined to be confidential | 21 | | under Section 4002 of the Technology Advancement and | 22 | | Development Act. | 23 | | (b) Library circulation and order records identifying | 24 | | library users with specific materials under the Library |
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| 1 | | Records Confidentiality Act. | 2 | | (c) Applications, related documents, and medical | 3 | | records received by the Experimental Organ Transplantation | 4 | | Procedures Board and any and all documents or other records | 5 | | prepared by the Experimental Organ Transplantation | 6 | | Procedures Board or its staff relating to applications it | 7 | | has received. | 8 | | (d) Information and records held by the Department of | 9 | | Public Health and its authorized representatives relating | 10 | | to known or suspected cases of sexually transmissible | 11 | | disease or any information the disclosure of which is | 12 | | restricted under the Illinois Sexually Transmissible | 13 | | Disease Control Act. | 14 | | (e) Information the disclosure of which is exempted | 15 | | under Section 30 of the Radon Industry Licensing Act. | 16 | | (f) Firm performance evaluations under Section 55 of | 17 | | the Architectural, Engineering, and Land Surveying | 18 | | Qualifications Based Selection Act. | 19 | | (g) Information the disclosure of which is restricted | 20 | | and exempted under Section 50 of the Illinois Prepaid | 21 | | Tuition Act. | 22 | | (h) Information the disclosure of which is exempted | 23 | | under the State Officials and Employees Ethics Act, and | 24 | | records of any lawfully created State or local inspector | 25 | | general's office that would be exempt if created or | 26 | | obtained by an Executive Inspector General's office under |
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| 1 | | that Act. | 2 | | (i) Information contained in a local emergency energy | 3 | | plan submitted to a municipality in accordance with a local | 4 | | emergency energy plan ordinance that is adopted under | 5 | | Section 11-21.5-5 of the Illinois Municipal Code. | 6 | | (j) Information and data concerning the distribution | 7 | | of surcharge moneys collected and remitted by carriers | 8 | | under the Emergency Telephone System Act. | 9 | | (k) Law enforcement officer identification information | 10 | | or driver identification information compiled by a law | 11 | | enforcement agency or the Department of Transportation | 12 | | under Section 11-212 of the Illinois Vehicle Code. | 13 | | (l) Records and information provided to a residential | 14 | | health care facility resident sexual assault and death | 15 | | review team or the Executive Council under the Abuse | 16 | | Prevention Review Team Act. | 17 | | (m) Information provided to the predatory lending | 18 | | database created pursuant to Article 3 of the Residential | 19 | | Real Property Disclosure Act, except to the extent | 20 | | authorized under that Article. | 21 | | (n) Defense budgets and petitions for certification of | 22 | | compensation and expenses for court appointed trial | 23 | | counsel as provided under Sections 10 and 15 of the Capital | 24 | | Crimes Litigation Act. This subsection (n) shall apply | 25 | | until the conclusion of the trial of the case, even if the | 26 | | prosecution chooses not to pursue the death penalty prior |
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| 1 | | to trial or sentencing. | 2 | | (o) Information that is prohibited from being | 3 | | disclosed under Section 4 of the Illinois Health and | 4 | | Hazardous Substances Registry Act. | 5 | | (p) Security portions of system safety program plans, | 6 | | investigation reports, surveys, schedules, lists, data, or | 7 | | information compiled, collected, or prepared by or for the | 8 | | Regional Transportation Authority under Section 2.11 of | 9 | | the Regional Transportation Authority Act or the St. Clair | 10 | | County Transit District under the Bi-State Transit Safety | 11 | | Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted | 17 | | under Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information | 19 | | in the form of health data or medical records contained in, | 20 | | stored in, submitted to, transferred by, or released from | 21 | | the Illinois Health Information Exchange, and identified | 22 | | or deidentified health information in the form of health | 23 | | data and medical records of the Illinois Health Information | 24 | | Exchange in the possession of the Illinois Health | 25 | | Information Exchange Authority due to its administration | 26 | | of the Illinois Health Information Exchange. The terms |
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| 1 | | "identified" and "deidentified" shall be given the same | 2 | | meaning as in the Health Insurance Portability and | 3 | | Accountability Act of 1996, Public Law 104-191, or any | 4 | | subsequent amendments thereto, and any regulations | 5 | | promulgated thereunder. | 6 | | (u) Records and information provided to an independent | 7 | | team of experts under Brian's Law. | 8 | | (v) Names and information of people who have applied | 9 | | for or received Firearm Owner's Identification Cards under | 10 | | the Firearm Owners Identification Card Act or applied for | 11 | | or received a concealed carry license under the Firearm | 12 | | Concealed Carry Act, unless otherwise authorized by the | 13 | | Firearm Concealed Carry Act; and databases under the | 14 | | Firearm Concealed Carry Act, records of the Concealed Carry | 15 | | Licensing Review Board under the Firearm Concealed Carry | 16 | | Act, and law enforcement agency objections under the | 17 | | Firearm Concealed Carry Act. | 18 | | (w) Personally identifiable information which is | 19 | | exempted from disclosure under subsection (g) of Section | 20 | | 19.1 of the Toll Highway Act. | 21 | | (x) Information which is exempted from disclosure | 22 | | under Section 5-1014.3 of the Counties Code or Section | 23 | | 8-11-21 of the Illinois Municipal Code. | 24 | | (y) Confidential information under the Adult | 25 | | Protective Services Act and its predecessor enabling | 26 | | statute, the Elder Abuse and Neglect Act, including |
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| 1 | | information about the identity and administrative finding | 2 | | against any caregiver of a verified and substantiated | 3 | | decision of abuse, neglect, or financial exploitation of an | 4 | | eligible adult maintained in the Registry established | 5 | | under Section 7.5 of the Adult Protective Services Act. | 6 | | (z) Records and information provided to a fatality | 7 | | review team or the Illinois Fatality Review Team Advisory | 8 | | Council under Section 15 of the Adult Protective Services | 9 | | Act. | 10 | | (aa) Information which is exempted from disclosure | 11 | | under Section 2.37 of the Wildlife Code. | 12 | | (bb) Information which is or was prohibited from | 13 | | disclosure by the Juvenile Court Act of 1987. | 14 | | (cc) Recordings made under the Law Enforcement | 15 | | Officer-Worn Body Camera Act, except to the extent | 16 | | authorized under that Act. | 17 | | (dd) Information that is prohibited from being | 18 | | disclosed under Section 45 of the Condominium and Common | 19 | | Interest Community Ombudsperson Act. | 20 | | (ee) Information that is exempted from disclosure | 21 | | under Section 30.1 of the Pharmacy Practice Act. | 22 | | (ff) Information that is exempted from disclosure | 23 | | under the Revised Uniform Unclaimed Property Act. | 24 | | (gg) (ff) Information that is prohibited from being | 25 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 26 | | Code. |
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| 1 | | (hh) (ff) Records that are exempt from disclosure under | 2 | | Section 1A-16.7 of the Election Code. | 3 | | (ii) (ff) Information which is exempted from | 4 | | disclosure under Section 2505-800 of the Department of | 5 | | Revenue Law of the Civil Administrative Code of Illinois. | 6 | | (jj) Communications, notes, records, and reports | 7 | | arising out of a peer support counseling session prohibited | 8 | | from disclosure under the First Responders Suicide | 9 | | Prevention Act. | 10 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 11 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 12 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 13 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 14 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | 15 | | (Text of Section after amendment by P.A. 100-517 but before | 16 | | amendment by P.A. 100-512 ) | 17 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 18 | | by the statutes referenced below, the following shall be exempt | 19 | | from inspection and copying: | 20 | | (a) All information determined to be confidential | 21 | | under Section 4002 of the Technology Advancement and | 22 | | Development Act. | 23 | | (b) Library circulation and order records identifying | 24 | | library users with specific materials under the Library | 25 | | Records Confidentiality Act. |
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| 1 | | (c) Applications, related documents, and medical | 2 | | records received by the Experimental Organ Transplantation | 3 | | Procedures Board and any and all documents or other records | 4 | | prepared by the Experimental Organ Transplantation | 5 | | Procedures Board or its staff relating to applications it | 6 | | has received. | 7 | | (d) Information and records held by the Department of | 8 | | Public Health and its authorized representatives relating | 9 | | to known or suspected cases of sexually transmissible | 10 | | disease or any information the disclosure of which is | 11 | | restricted under the Illinois Sexually Transmissible | 12 | | Disease Control Act. | 13 | | (e) Information the disclosure of which is exempted | 14 | | under Section 30 of the Radon Industry Licensing Act. | 15 | | (f) Firm performance evaluations under Section 55 of | 16 | | the Architectural, Engineering, and Land Surveying | 17 | | Qualifications Based Selection Act. | 18 | | (g) Information the disclosure of which is restricted | 19 | | and exempted under Section 50 of the Illinois Prepaid | 20 | | Tuition Act. | 21 | | (h) Information the disclosure of which is exempted | 22 | | under the State Officials and Employees Ethics Act, and | 23 | | records of any lawfully created State or local inspector | 24 | | general's office that would be exempt if created or | 25 | | obtained by an Executive Inspector General's office under | 26 | | that Act. |
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| 1 | | (i) Information contained in a local emergency energy | 2 | | plan submitted to a municipality in accordance with a local | 3 | | emergency energy plan ordinance that is adopted under | 4 | | Section 11-21.5-5 of the Illinois Municipal Code. | 5 | | (j) Information and data concerning the distribution | 6 | | of surcharge moneys collected and remitted by carriers | 7 | | under the Emergency Telephone System Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) Records and information provided to a residential | 13 | | health care facility resident sexual assault and death | 14 | | review team or the Executive Council under the Abuse | 15 | | Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | 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 (n) shall apply | 24 | | until the conclusion of the trial of the case, even if the | 25 | | prosecution chooses not to pursue the death penalty prior | 26 | | to trial or sentencing. |
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| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Regional Transportation Authority under Section 2.11 of | 8 | | the Regional Transportation Authority Act or the St. Clair | 9 | | County Transit District under the Bi-State Transit Safety | 10 | | Act. | 11 | | (q) Information prohibited from being disclosed by the | 12 | | Personnel Records Review Act. | 13 | | (r) Information prohibited from being disclosed by the | 14 | | Illinois School Student Records Act. | 15 | | (s) Information the disclosure of which is restricted | 16 | | under Section 5-108 of the Public Utilities Act.
| 17 | | (t) All identified or deidentified health information | 18 | | in the form of health data or medical records contained in, | 19 | | stored in, submitted to, transferred by, or released from | 20 | | the Illinois Health Information Exchange, and identified | 21 | | or deidentified health information in the form of health | 22 | | data and medical records of the Illinois Health Information | 23 | | Exchange in the possession of the Illinois Health | 24 | | Information Exchange Authority due to its administration | 25 | | of the Illinois Health Information Exchange. The terms | 26 | | "identified" and "deidentified" shall be given the same |
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| 1 | | meaning as in the Health Insurance Portability and | 2 | | Accountability Act of 1996, Public Law 104-191, or any | 3 | | subsequent amendments thereto, and any regulations | 4 | | promulgated thereunder. | 5 | | (u) Records and information provided to an independent | 6 | | team of experts under Brian's Law. | 7 | | (v) Names and information of people who have applied | 8 | | for or received Firearm Owner's Identification Cards under | 9 | | the Firearm Owners Identification Card Act or applied for | 10 | | or received a concealed carry license under the Firearm | 11 | | Concealed Carry Act, unless otherwise authorized by the | 12 | | Firearm Concealed Carry Act; and databases under the | 13 | | Firearm Concealed Carry Act, records of the Concealed Carry | 14 | | Licensing Review Board under the Firearm Concealed Carry | 15 | | Act, and law enforcement agency objections under the | 16 | | Firearm Concealed Carry Act. | 17 | | (w) Personally identifiable information which is | 18 | | exempted from disclosure under subsection (g) of Section | 19 | | 19.1 of the Toll Highway Act. | 20 | | (x) Information which is exempted from disclosure | 21 | | under Section 5-1014.3 of the Counties Code or Section | 22 | | 8-11-21 of the Illinois Municipal Code. | 23 | | (y) Confidential information under the Adult | 24 | | Protective Services Act and its predecessor enabling | 25 | | statute, the Elder Abuse and Neglect Act, including | 26 | | information about the identity and administrative finding |
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| 1 | | against any caregiver of a verified and substantiated | 2 | | decision of abuse, neglect, or financial exploitation of an | 3 | | eligible adult maintained in the Registry established | 4 | | under Section 7.5 of the Adult Protective Services Act. | 5 | | (z) Records and information provided to a fatality | 6 | | review team or the Illinois Fatality Review Team Advisory | 7 | | Council under Section 15 of the Adult Protective Services | 8 | | Act. | 9 | | (aa) Information which is exempted from disclosure | 10 | | under Section 2.37 of the Wildlife Code. | 11 | | (bb) Information which is or was prohibited from | 12 | | disclosure by the Juvenile Court Act of 1987. | 13 | | (cc) Recordings made under the Law Enforcement | 14 | | Officer-Worn Body Camera Act, except to the extent | 15 | | authorized under that Act. | 16 | | (dd) Information that is prohibited from being | 17 | | disclosed under Section 45 of the Condominium and Common | 18 | | Interest Community Ombudsperson Act. | 19 | | (ee) Information that is exempted from disclosure | 20 | | under Section 30.1 of the Pharmacy Practice Act. | 21 | | (ff) Information that is exempted from disclosure | 22 | | under the Revised Uniform Unclaimed Property Act. | 23 | | (gg) (ff) Information that is prohibited from being | 24 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 25 | | Code. | 26 | | (hh) (ff) Records that are exempt from disclosure under |
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| 1 | | Section 1A-16.7 of the Election Code. | 2 | | (ii) (ff) Information which is exempted from | 3 | | disclosure under Section 2505-800 of the Department of | 4 | | Revenue Law of the Civil Administrative Code of Illinois. | 5 | | (jj) (ff) Information and reports that are required to | 6 | | be submitted to the Department of Labor by registering day | 7 | | and temporary labor service agencies but are exempt from | 8 | | disclosure under subsection (a-1) of Section 45 of the Day | 9 | | and Temporary Labor Services Act. | 10 | | (kk) Communications, notes, records, and reports | 11 | | arising out of a peer support counseling session prohibited | 12 | | from disclosure under the First Responders Suicide | 13 | | Prevention Act. | 14 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 15 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 16 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 17 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 18 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | 19 | | 11-2-17.) | 20 | | (Text of Section after amendment by P.A. 100-512 ) | 21 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 22 | | by the statutes referenced below, the following shall be exempt | 23 | | from inspection and copying: | 24 | | (a) All information determined to be confidential | 25 | | under Section 4002 of the Technology Advancement and |
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| 1 | | Development Act. | 2 | | (b) Library circulation and order records identifying | 3 | | library users with specific materials under the Library | 4 | | Records Confidentiality Act. | 5 | | (c) Applications, related documents, and medical | 6 | | records received by the Experimental Organ Transplantation | 7 | | Procedures Board and any and all documents or other records | 8 | | prepared by the Experimental Organ Transplantation | 9 | | Procedures Board or its staff relating to applications it | 10 | | has received. | 11 | | (d) Information and records held by the Department of | 12 | | Public Health and its authorized representatives relating | 13 | | to known or suspected cases of sexually transmissible | 14 | | disease or any information the disclosure of which is | 15 | | restricted under the Illinois Sexually Transmissible | 16 | | Disease Control Act. | 17 | | (e) Information the disclosure of which is exempted | 18 | | under Section 30 of the Radon Industry Licensing Act. | 19 | | (f) Firm performance evaluations under Section 55 of | 20 | | the Architectural, Engineering, and Land Surveying | 21 | | Qualifications Based Selection Act. | 22 | | (g) Information the disclosure of which is restricted | 23 | | and exempted under Section 50 of the Illinois Prepaid | 24 | | Tuition Act. | 25 | | (h) Information the disclosure of which is exempted | 26 | | under the State Officials and Employees Ethics Act, and |
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| 1 | | records of any lawfully created State or local inspector | 2 | | general's office that would be exempt if created or | 3 | | obtained by an Executive Inspector General's office under | 4 | | that Act. | 5 | | (i) Information contained in a local emergency energy | 6 | | plan submitted to a municipality in accordance with a local | 7 | | emergency energy plan ordinance that is adopted under | 8 | | Section 11-21.5-5 of the Illinois Municipal Code. | 9 | | (j) Information and data concerning the distribution | 10 | | of surcharge moneys collected and remitted by carriers | 11 | | under the Emergency Telephone System Act. | 12 | | (k) Law enforcement officer identification information | 13 | | or driver identification information compiled by a law | 14 | | enforcement agency or the Department of Transportation | 15 | | under Section 11-212 of the Illinois Vehicle Code. | 16 | | (l) Records and information provided to a residential | 17 | | health care facility resident sexual assault and death | 18 | | review team or the Executive Council under the Abuse | 19 | | Prevention Review Team Act. | 20 | | (m) Information provided to the predatory lending | 21 | | database created pursuant to Article 3 of the Residential | 22 | | Real Property Disclosure Act, except to the extent | 23 | | authorized under that Article. | 24 | | (n) Defense budgets and petitions for certification of | 25 | | compensation and expenses for court appointed trial | 26 | | counsel as provided under Sections 10 and 15 of the Capital |
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| 1 | | Crimes Litigation Act. This subsection (n) shall apply | 2 | | until the conclusion of the trial of the case, even if the | 3 | | prosecution chooses not to pursue the death penalty prior | 4 | | to trial or sentencing. | 5 | | (o) Information that is prohibited from being | 6 | | disclosed under Section 4 of the Illinois Health and | 7 | | Hazardous Substances Registry Act. | 8 | | (p) Security portions of system safety program plans, | 9 | | investigation reports, surveys, schedules, lists, data, or | 10 | | information compiled, collected, or prepared by or for the | 11 | | Regional Transportation Authority under Section 2.11 of | 12 | | the Regional Transportation Authority Act or the St. Clair | 13 | | County Transit District under the Bi-State Transit Safety | 14 | | Act. | 15 | | (q) Information prohibited from being disclosed by the | 16 | | Personnel Records Review Act. | 17 | | (r) Information prohibited from being disclosed by the | 18 | | Illinois School Student Records Act. | 19 | | (s) Information the disclosure of which is restricted | 20 | | under Section 5-108 of the Public Utilities Act.
| 21 | | (t) All identified or deidentified health information | 22 | | in the form of health data or medical records contained in, | 23 | | stored in, submitted to, transferred by, or released from | 24 | | the Illinois Health Information Exchange, and identified | 25 | | or deidentified health information in the form of health | 26 | | data and medical records of the Illinois Health Information |
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| 1 | | Exchange in the possession of the Illinois Health | 2 | | Information Exchange Authority due to its administration | 3 | | of the Illinois Health Information Exchange. The terms | 4 | | "identified" and "deidentified" shall be given the same | 5 | | meaning as in the Health Insurance Portability and | 6 | | Accountability Act of 1996, Public Law 104-191, or any | 7 | | subsequent amendments thereto, and any regulations | 8 | | promulgated thereunder. | 9 | | (u) Records and information provided to an independent | 10 | | team of experts under Brian's Law. | 11 | | (v) Names and information of people who have applied | 12 | | for or received Firearm Owner's Identification Cards under | 13 | | the Firearm Owners Identification Card Act or applied for | 14 | | or received a concealed carry license under the Firearm | 15 | | Concealed Carry Act, unless otherwise authorized by the | 16 | | Firearm Concealed Carry Act; and databases under the | 17 | | Firearm Concealed Carry Act, records of the Concealed Carry | 18 | | Licensing Review Board under the Firearm Concealed Carry | 19 | | Act, and law enforcement agency objections under the | 20 | | Firearm Concealed Carry Act. | 21 | | (w) Personally identifiable information which is | 22 | | exempted from disclosure under subsection (g) of Section | 23 | | 19.1 of the Toll Highway Act. | 24 | | (x) Information which is exempted from disclosure | 25 | | under Section 5-1014.3 of the Counties Code or Section | 26 | | 8-11-21 of the Illinois Municipal Code. |
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| 1 | | (y) Confidential information under the Adult | 2 | | Protective Services Act and its predecessor enabling | 3 | | statute, the Elder Abuse and Neglect Act, including | 4 | | information about the identity and administrative finding | 5 | | against any caregiver of a verified and substantiated | 6 | | decision of abuse, neglect, or financial exploitation of an | 7 | | eligible adult maintained in the Registry established | 8 | | under Section 7.5 of the Adult Protective Services Act. | 9 | | (z) Records and information provided to a fatality | 10 | | review team or the Illinois Fatality Review Team Advisory | 11 | | Council under Section 15 of the Adult Protective Services | 12 | | Act. | 13 | | (aa) Information which is exempted from disclosure | 14 | | under Section 2.37 of the Wildlife Code. | 15 | | (bb) Information which is or was prohibited from | 16 | | disclosure by the Juvenile Court Act of 1987. | 17 | | (cc) Recordings made under the Law Enforcement | 18 | | Officer-Worn Body Camera Act, except to the extent | 19 | | authorized under that Act. | 20 | | (dd) Information that is prohibited from being | 21 | | disclosed under Section 45 of the Condominium and Common | 22 | | Interest Community Ombudsperson Act. | 23 | | (ee) Information that is exempted from disclosure | 24 | | under Section 30.1 of the Pharmacy Practice Act. | 25 | | (ff) Information that is exempted from disclosure | 26 | | under the Revised Uniform Unclaimed Property Act. |
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| 1 | | (gg) (ff) Information that is prohibited from being | 2 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 3 | | Code. | 4 | | (hh) (ff) Records that are exempt from disclosure under | 5 | | Section 1A-16.7 of the Election Code. | 6 | | (ii) (ff) Information which is exempted from | 7 | | disclosure under Section 2505-800 of the Department of | 8 | | Revenue Law of the Civil Administrative Code of Illinois. | 9 | | (jj) (ff) Information and reports that are required to | 10 | | be submitted to the Department of Labor by registering day | 11 | | and temporary labor service agencies but are exempt from | 12 | | disclosure under subsection (a-1) of Section 45 of the Day | 13 | | and Temporary Labor Services Act. | 14 | | (kk) (ff) Information prohibited from disclosure under | 15 | | the Seizure and Forfeiture Reporting Act. | 16 | | (ll) Communications, notes, records, and reports | 17 | | arising out of a peer support counseling session prohibited | 18 | | from disclosure under the First Responders Suicide | 19 | | Prevention Act. | 20 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 21 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 22 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 23 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 24 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 25 | | eff. 6-1-18; revised 11-2-17.) |
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| 1 | | Section 110. The Department of State Police Law of the
| 2 | | Civil Administrative Code of Illinois is amended by adding | 3 | | Section 2605-99 as follows: | 4 | | (20 ILCS 2605/2605-99 new) | 5 | | Sec. 2605-99. Training; suicide prevention. The | 6 | | Department, in consultation with a statewide association who | 7 | | represents public pension funds under Article 3 and Article 4 | 8 | | of the Illinois Pension Code, shall conduct or approve a 2-day | 9 | | in-service training program for State Police officers in | 10 | | job-related stress management and suicide prevention. The | 11 | | in-service training program shall train State Police officers | 12 | | to recognize signs of work-related cumulative stress and other | 13 | | related issues that may lead to suicide and offer appropriate | 14 | | solutions for intervention. This in-service training program | 15 | | shall be completed every 2 years by each State Police officer. | 16 | | The Department shall establish the training program on or | 17 | | before January 1, 2019. | 18 | | Section 115. The Illinois Police Training Act is amended by | 19 | | adding Section 10.17-2 as follows: | 20 | | (50 ILCS 705/10.17-2 new) | 21 | | Sec. 10.17-2. Training; suicide prevention. The Board, in | 22 | | consultation with a statewide association who represents | 23 | | public pension funds under Article 3 and Article 4 of the |
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| 1 | | Illinois Pension Code, shall conduct or approve a 2-day | 2 | | in-service training program for law enforcement officers in | 3 | | job-related stress management and suicide prevention. The | 4 | | in-service training program shall train law enforcement | 5 | | officers of local government agencies to recognize signs of | 6 | | work-related cumulative stress and other related issues that | 7 | | may lead to suicide and offer appropriate solutions for | 8 | | intervention. This in-service training program shall be | 9 | | completed every 2 years by each local law enforcement officer. | 10 | | The Board shall establish the training program on or before | 11 | | January 1, 2019. | 12 | | Section 120. The Illinois Fire Protection Training Act is | 13 | | amended by adding Section 12.2 as follows: | 14 | | (50 ILCS 740/12.2 new) | 15 | | Sec. 12.2. Training; suicide prevention. The Office, in | 16 | | consultation with a statewide association who represents | 17 | | public pension funds under Article 3 and Article 4 of the | 18 | | Illinois Pension Code, shall conduct or approve a 2-day | 19 | | in-service training program for permanent fire protection | 20 | | personnel in job-related stress management and suicide | 21 | | prevention. The in-service training program shall train fire | 22 | | fighters to recognize signs of work-related cumulative stress | 23 | | and other related issues that may lead to suicide and offer | 24 | | appropriate solutions for intervention. This in-service |
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| 1 | | training program shall be completed every 2 years by each | 2 | | permanent fire protection personnel. The Office shall | 3 | | establish the training program on or before January 1, 2019. | 4 | | Section 995. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act.
| 11 | | Section 999. Effective date. This Act takes effect upon | 12 | | becoming law.".
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