Illinois General Assembly - Full Text of SB0685
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0685  102nd General Assembly

SB0685ham002 102ND GENERAL ASSEMBLY

Rep. Maurice A. West, II

Filed: 5/24/2021

 

 


 

 


 
10200SB0685ham002LRB102 12042 LNS 26899 a

1
AMENDMENT TO SENATE BILL 685

2    AMENDMENT NO. ______. Amend Senate Bill 685, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Domestic Violence Fatality Review Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Board" means the Illinois Criminal Justice Information
9Authority Board.
10    "Case eligible for review" means the case based upon a
11qualifying relationship that the regional review teams can
12review under Section 70.
13    "Confidential information" means:
14        (1) oral, written, digital, or electronic original or
15    copied information, records, documents, photographs,
16    images, exhibits, or communications (i) obtained by the

 

 

10200SB0685ham002- 2 -LRB102 12042 LNS 26899 a

1    Board, the Statewide Committee, or a regional review team
2    from a public body for the purpose of addressing whether a
3    case should be reviewed or for review of an eligible case
4    under this Act while in the possession of the Board,
5    Statewide Committee, or regional review team or (ii) in
6    the possession of, provided to, obtained by, shared with,
7    discussed by, created by, or maintained by the Board, the
8    Statewide Committee, or a regional review team for the
9    purpose of addressing whether a case should be reviewed or
10    for review of an eligible case;
11        (2) any information that may be in the possession of
12    the Board, Statewide Committee, or a regional review team
13    that discloses the identities of victims, survivors,
14    deceased, or offenders, or their family members, or by
15    which their identities can be determined by a reasonably
16    diligent inquiry; and
17        (3) any discussions, deliberations, minutes, notes,
18    records, or opinions of the members of the Board,
19    Statewide Committee, or a regional review team with regard
20    to a case eligible for review to determine whether the
21    case should be reviewed or a review of an eligible case.
22    Confidential information does not mean nonidentifying or
23    aggregate data information or analysis of data, and
24    recommendations for community and systemic reform.
25    "Deceased" means anyone who died in connection with the
26actions of the offender, other than the victim, survivor, or

 

 

10200SB0685ham002- 3 -LRB102 12042 LNS 26899 a

1offender.
2    "Domestic violence" means abuse as it is defined in
3Section 103 of the Illinois Domestic Violence Act of 1986 and
4paragraph (1) of subsection (b) of Section 112A-3 of the Code
5of Criminal Procedure of 1963.
6    "Domestic violence fatality review" means the deliberative
7process of multiagency and multidisciplinary teams that select
8eligible cases of domestic violence related fatalities and
9near-fatalities, and trace prior systemic interventions and
10involvement to:
11        (1) examine barriers to safety, justice,
12    self-determination, and equity;
13        (2) identify systemic and community gaps and consider
14    alternate and more effective systemic responses; and
15        (3) develop recommendations for greater coordinated
16    and improved community and systemic response and
17    prevention initiatives to domestic violence in order to
18    reduce the occurrence, frequency, and severity of domestic
19    violence and prevent fatalities and near-fatalities.
20    "Familicide" means the killing of a family, including one
21or both parents and any children, by a family member.
22    "Fatality" means death caused by suicide or homicide.
23    "Near-fatality" means a death that nearly occurred by
24means of suicide or homicide, or an injury that could have
25resulted in death.
26    "Offender" means the person who inflicted domestic

 

 

10200SB0685ham002- 4 -LRB102 12042 LNS 26899 a

1violence upon the victim and caused the victim's death, or the
2person who inflicted domestic violence upon a survivor.
3"Offender" includes a person who is deceased or alive, and is
4not required to have been the subject of a criminal
5investigation or prosecution.
6    "Regional domestic violence fatality review team" or
7"regional review team" means a multiagency and
8multidisciplinary team that selects and reviews eligible cases
9in accordance with Section 45.
10    "Statewide Committee" means the Ad Hoc Statewide Domestic
11Violence Fatality Review Committee of the Illinois Criminal
12Justice Information Authority Board.
13    "Survivor" means a person who experienced domestic
14violence and is alive.
15    "Victim" means the person who experienced domestic
16violence and is deceased, including by means of homicide or
17suicide.
 
18    Section 10. Findings. The General Assembly finds and
19declares the following:
20    (a) Over 10,000,000 people in the United States experience
21physical domestic violence by a current or former partner each
22year.
23    (b) According to the Centers for Disease Control and
24Prevention of the United States Department of Health and Human
25Services, domestic violence accounts for 15% of all violent

 

 

10200SB0685ham002- 5 -LRB102 12042 LNS 26899 a

1crime in the United States, and in this State, 42% of women and
226% of men have been harmed by an intimate partner in their
3lifetime.
4    (c) According to the U.S. Department of Justice,
5nationwide approximately 1 in 4 women and nearly 1 in 7 men
6experience severe physical violence resulting from domestic
7violence by an intimate partner at some point in their
8lifetime.
9    (d) The Illinois Criminal Justice Information Authority
10found that while the actual number of domestic violence
11incidents are underreported, in this State over 100,000
12domestic violence offenses were reported to law enforcement
13each year between 2005 and 2017. Between 400,000 and nearly
14600,000 orders of protection were filed each year between 2005
15and 2017.
16    (e) From 2001 to 2018, State domestic violence agencies
17served nearly 800,000 adults and children, at an average of
1857,684 clients per year, according to the Illinois Criminal
19Justice Information Authority.
20    (f) Domestic violence related homicides account for nearly
211 in 5 murders in the United States. According to the National
22Coalition Against Domestic Violence, female homicide victims
23are substantially more likely than male homicide victims to
24have been killed by an intimate partner. One in 3 female murder
25victims are killed by intimate partners. About 4% of male
26homicide victims were killed by an intimate partner.

 

 

10200SB0685ham002- 6 -LRB102 12042 LNS 26899 a

1Nationwide, 72% of all homicide-suicides involved an intimate
2partner of which 94% of the murdered victims are women.
3    (g) The Illinois Criminal Justice Information Authority
4found that 15% of all homicides in this State are connected to
5domestic violence, such that at least 130 domestic violence
6related homicides occurred in this State during 2019. The
7Illinois Coalition Against Domestic Violence found that
8domestic violence fatalities occurred across at least 26
9counties and included at least 7 children between July 2019
10and June 2020.
11    (h) The Illinois Criminal Justice Information Authority
12found that the estimated financial impact of domestic violence
13homicides reported in this State during 2019 would total
14nearly $1.2 billion.
15    (i) Nearly all familicides involve a history of domestic
16violence.
17    (j) Effective responses to domestic violence and domestic
18violence related fatalities involve governmental, social
19services, and other systems in the community. A coordinated
20and consistent approach among community and system points of
21intervention are important to fostering the safety, stability,
22well-being and healing of survivors, and facilitating
23meaningful engagement with and sustainable accountability for
24offenders.
25    (k) Domestic violence transcends boundaries of race,
26religion, ethnicity, sexual orientation, gender identity,

 

 

10200SB0685ham002- 7 -LRB102 12042 LNS 26899 a

1disability, culture, socioeconomic status, and geography.
2    (l) Domestic violence related fatalities and
3near-fatalities are experienced and responded to differently
4in historically marginalized communities. The communities and
5systems that victims, survivors, and offenders engage with in
6historically marginalized communities are typically those with
7power imbalances often rooted in systemic racism and
8oppression. Women of color, in particular, face additional
9barriers and gaps in accessing systemic and community
10responses aimed at reducing domestic violence related
11fatalities and near-fatalities.
12    (m) Over 200 domestic violence fatality review teams exist
13across the United States. Those teams are engaged in systems
14reform in order to improve the response to domestic violence
15and reduce and prevent domestic violence related fatalities
16and near-fatalities.
17    (n) Domestic violence related fatalities and
18near-fatalities can be prevented, and the use of regional
19domestic violence fatality review teams under the leadership,
20guidance, and technical assistance of the Statewide Committee
21in support of the regional teams is an effort toward such
22prevention.
 
23    Section 15. Purposes. The purposes of this Act are:
24    (1) To create the Ad Hoc Statewide Domestic Violence
25Fatality Review Committee of the Illinois Criminal Justice

 

 

10200SB0685ham002- 8 -LRB102 12042 LNS 26899 a

1Information Authority Board to support domestic violence
2fatality review in this State.
3    (2) To establish regional domestic violence fatality
4review teams that engage in domestic violence fatality review
5in this State in order to foster systemic reform that aims to:
6        (A) reduce domestic violence and domestic violence
7    related fatalities and near-fatalities in this State;
8        (B) address disparate and discriminatory practices and
9    attitudes in the systems that interact with victims,
10    survivors, and offenders; and
11        (C) reduce the cost on society of domestic violence
12    and domestic violence related fatalities and
13    near-fatalities by:
14            (i) reviewing selected cases eligible for review;
15            (ii) examining how systems have responded to
16        individual experiences;
17            (iii) identifying gaps and barriers to effective
18        and equitable responses that promote safety,
19        stability, well-being, healing, and accountability;
20        and
21            (iv) recommending strategies to improve community
22        and systemic responses to domestic violence in order
23        to foster points of intervention and support that are
24        effective, coordinated, collaborative, consistent,
25        just, and equitable.
 

 

 

10200SB0685ham002- 9 -LRB102 12042 LNS 26899 a

1    Section 20. Ad Hoc Statewide Domestic Violence Fatality
2Review Committee of the Illinois Criminal Justice Information
3Authority Board. The Ad Hoc Statewide Domestic Violence
4Fatality Review Committee of the Illinois Criminal Justice
5Information Authority Board is hereby created to provide
6guidance, leadership, technical assistance, research, and
7other supports to the regional domestic violence fatality
8review teams in carrying out their responsibilities under this
9Act, and to serve as a statewide resource for addressing
10domestic violence related fatalities and near-fatalities as
11well as other forms of abuse connected to domestic violence.
 
12    Section 25. Membership of the Statewide Committee.
13    (a) The Statewide Committee shall consist of the following
14voting members and nonvoting ex officio members. The voting
15membership shall have racial, ethnic, gender, and geographic
16diversity and include the following:
17        (1) Four members of the General Assembly as follows: 2
18    members of the Senate, one member appointed by the
19    President of the Senate and one member appointed by the
20    Senate Minority Leader; 2 members of the House of
21    Representatives, one member appointed by the Speaker of
22    the House and one member appointed by the House Minority
23    Leader.
24        (2) One member of the Governor's policy leadership
25    team appointed by the Governor.

 

 

10200SB0685ham002- 10 -LRB102 12042 LNS 26899 a

1        (3) Up to 20 public members designated by the Board
2    Chairperson, including:
3            (A) Four members representing different regional
4        review teams established under this Act, or at-large
5        members in accordance with subparagraph (I) if 4
6        regional review teams have not yet been established at
7        the time of appointment.
8            (B) Two members representing statewide, regional,
9        or local organizations that advocate on behalf of
10        survivors of domestic violence.
11            (C) Two members who are domestic violence
12        survivors, one of whom may be a family member of a
13        victim of domestic violence-related fatality or
14        near-fatality.
15            (D) Four social services providers representing
16        different geographic areas of the State whose
17        significant purpose is to provide services to
18        survivors of domestic violence.
19            (E) Two social service providers who have
20        significant experience working with domestic violence
21        offenders.
22            (F) One physician licensed by the State whose
23        State practice focuses on emergency medicine.
24            (G) One member of the Illinois Association of
25        Chiefs of Police recommended by the Association
26        Director or President.

 

 

10200SB0685ham002- 11 -LRB102 12042 LNS 26899 a

1            (H) One member of the Illinois Sheriffs'
2        Association recommended by the Association Director or
3        President.
4            (I) Three at-large members who have substantial
5        expertise and experience in the response to or
6        prevention of domestic violence and domestic violence
7        related fatalities and near-fatalities, or a related
8        skill or expertise.
9    (b) The following, or a designee, shall serve as nonvoting
10ex officio members of the Statewide Committee: the Lieutenant
11Governor; the Secretary of Human Services; the Director of
12Public Health; the Attorney General; the Director of the
13Illinois State Police; the Director of Children and Family
14Services; the Director of the Illinois Criminal Justice
15Information Authority; the Director of the Office of the
16State's Attorney Appellate Prosecutor; the Director of the
17Office of the State Appellate Defender; and the Director of
18the Administrative Office of the Illinois Courts.
 
19    Section 30. Statewide Committee terms of members;
20vacancies.
21    (a) Terms of the original voting members shall be
22staggered as follows: one-half shall be designated for 2-year
23terms and one-half shall be designated for 3-year terms. The
24length of the initial terms of each original voting member
25shall be drawn by lot at the first meeting held by the

 

 

10200SB0685ham002- 12 -LRB102 12042 LNS 26899 a

1Statewide Committee and shall be recorded as part of the
2minutes of the meeting. After the initial term, each term
3shall be for 3 years. Length of terms of co-chairs, the
4secretary, and other officers coincide with Statewide
5Committee members' terms.
6    (b) The Board Chairperson shall designate members to fill
7vacancies in accordance with Section 25. A member whose term
8has expired may serve until a successor is appointed and
9accepts the appointment.
 
10    Section 35. Statewide Committee quorum; meetings;
11compensation.
12    (a) A quorum shall consist of 7 of the voting members of
13the Statewide Committee.
14    (b) The first meeting of the Statewide Committee shall
15occur by January 15, 2022. At the first meeting and at
16subsequent meetings when terms expire, the voting members
17shall elect 2 co-chairs and a secretary from among the voting
18members and may elect any other officers and other officers
19the voting members deem necessary to carry out the duties and
20responsibilities of the Statewide Committee.
21    (c) The Statewide Committee shall meet at least quarterly
22each State Fiscal Year. Additional meetings may be called by
23the co-chairs, after at least 7 days prior notice to the
24Statewide Committee members, or upon a written request signed
25by at least 5 Statewide Committee members to the co-chairs for

 

 

10200SB0685ham002- 13 -LRB102 12042 LNS 26899 a

1a meeting request. Meetings may be held by a virtual meeting
2format during a public health emergency or disaster
3proclamation declared by the Governor, or at the discretion of
4the co-chairs.
5    (d) The meetings of the Statewide Committee are subject to
6the Open Meetings Act, except the following shall occur in
7closed executive sessions not subject to the requirements of
8the Open Meetings Act:
9        (1) discussions about personnel matters, confidential
10    information as defined by Section 5, or cases eligible for
11    review under Section 70; and
12        (2) conducting a domestic violence fatality review.
13    (e) The members shall receive no compensation for their
14service as members of the Statewide Committee, but may receive
15reimbursement for actual expenses incurred in the performance
16of their duties, subject to the availability of funds for that
17purpose.
 
18    Section 40. Duties and responsibilities of the Statewide
19Committee.
20    (a) The Statewide Committee shall carry out the following
21duties and responsibilities:
22        (1) Subject to available funds, hire or assign a
23    full-time Program Manager to carry out the duties and
24    responsibilities of the Statewide Committee and the
25    purposes of this Act. The Program Manager may hire

 

 

10200SB0685ham002- 14 -LRB102 12042 LNS 26899 a

1    additional staff, subject to the availability of funds for
2    that purpose and subject to the approval of the Board. The
3    Statewide Committee and regional review teams can operate
4    without an acting Program Manager.
5        (2) Establish and maintain an Internet website.
6        (3) Prepare an annual budget that includes
7    compensation for the Program Manager and staff, and
8    financial reimbursement to regional review team members or
9    teams for actual expenses incurred in the performance of
10    their duties, subject to the availability of funds for
11    that purpose.
12        (4) Facilitate the establishment and implementation of
13    regional review teams across the State over 6 years after
14    the effective date of this Act and collaboratively develop
15    regional implementation plans and procedures.
16        (5) Provide training and ongoing technical assistance
17    to regional review teams.
18        (6) Conduct, or assist in conducting, regional
19    domestic violence fatality reviews if requested by
20    regional review teams in specific cases.
21        (7) Develop model confidentiality agreement, policies,
22    and procedures for the use of regional review teams.
23        (8) Develop guidelines for the annual and biennial
24    reports of the Statewide Committee and the regional review
25    teams pursuant to this Section and Section 65.
26        (9) Appoint the initial members of each regional

 

 

10200SB0685ham002- 15 -LRB102 12042 LNS 26899 a

1    review team in accordance with Section 50 or designate a
2    founding member of a regional review team to form the
3    remainder of the regional review team in accordance with
4    Section 50, unless the regional review team has been
5    formed prior to the effective date of this Act or elects to
6    form without the involvement of the Statewide Committee.
7        (10) Create a process whereby the Statewide Committee
8    shall annually officially recognize regional review teams
9    that are formed and operated in substantial compliance
10    with the requirements of this Act, and nonrecognize those
11    regional review teams that are substantially out of
12    compliance after reasonable efforts are made by the
13    Statewide Committee to engage the regional review team's
14    co-chairs and other regional stakeholders to facilitate
15    corrective actions to bring the regional review team into
16    substantial compliance. A nonrecognized regional review
17    team no longer has the authority to operate under this
18    Act, however, nonrecognition would not preclude the
19    formation of a new regional review team for the affected
20    region.
21        (11) Review, analyze, maintain, and securely store
22    regional review team reports and recommendations submitted
23    by each regional review team as required by Section 65.
24        (12) File an annual report with the Governor and the
25    General Assembly on the operations and activities of the
26    Statewide Committee and of the regional review teams. The

 

 

10200SB0685ham002- 16 -LRB102 12042 LNS 26899 a

1    first report shall be due no later than March 1, 2023, and
2    each subsequent report shall be due no later than March 1
3    of each year thereafter. The annual report shall be made
4    publicly available on the Statewide Committee's Internet
5    website.
6        (13) In even numbered years, file a substantive
7    biennial report reviewing and analyzing the data and
8    recommendations collected from the reports of the regional
9    review teams. The biennial report shall include specific
10    recommendations for legislative, systemic, policy, and any
11    other changes to reduce domestic violence and domestic
12    violence related fatalities and near-fatalities. The first
13    report shall be due no later than April 1, 2024, and each
14    subsequent report shall be due no later than April 1 of
15    each even year thereafter. The biennial report shall be
16    made publicly available on the Statewide Committee's
17    Internet website.
18    (b) The Statewide Committee may carry out the following
19duties and responsibilities:
20        (1) After a vote by the majority of the voting
21    Statewide Committee members or a decision by the
22    co-chairs, establish one or more subcommittees or task
23    forces to address specific issues regarding domestic
24    violence, domestic violence fatalities and
25    near-fatalities, domestic violence fatality review, or
26    other related issues or subject matters, and may invite

 

 

10200SB0685ham002- 17 -LRB102 12042 LNS 26899 a

1    nonmembers with expertise on the issue or subject matter
2    to serve on the subcommittee or task force. Each
3    subcommittee or task force shall be chaired by a member of
4    the Statewide Committee.
5        (2) Advise the Governor and General Assembly on
6    domestic violence, domestic violence fatalities and
7    near-fatalities, domestic violence fatality review, data,
8    and related topics or policies.
9        (3) Engage nonmember stakeholders in reviewing
10    selected recommendations from the regional review teams in
11    accordance with notions of fairness, equity, justice, due
12    process, and practicality.
13        (4) Analyze data and identify trends related to
14    domestic violence and domestic violence related fatalities
15    and near-fatalities, and develop mechanisms for
16    collecting, analyzing, and storing data that it collects
17    or that is provided by the regional review teams.
18        (5) Adopt administrative rules in order to implement
19    this Act.
20        (6) Subject to the availability of funding and
21    approval by a vote of the majority of the Statewide
22    Committee members, engage with and enter into contracts
23    with a higher education institution or research entity for
24    research, analysis, training, and educational purposes in
25    furtherance of the purposes of this Act. Statewide
26    Committee members or Statewide Committee staff shall not

 

 

10200SB0685ham002- 18 -LRB102 12042 LNS 26899 a

1    share information with contractors that would disclose the
2    identities of victims, survivors, deceased, offenders, and
3    their family members or by which their identities can be
4    determined by a reasonably diligent inquiry.
5        (7) Support the implementation of systemic and
6    community reform recommendations in order to advance the
7    purposes of this Act.
8        (8) Adopt notice of funding opportunities, award
9    grants, or enter into contracts with statewide or local
10    organizations that advocate on behalf of survivors.
11        (9) Assign any responsibilities under this Section.
12        (10) Engage in any other activities that enable the
13    Statewide Committee, its staff, and the regional review
14    teams to carry out the purposes of this Act.
 
15    Section 45. Regional domestic violence fatality review
16teams. A regional domestic violence fatality review team may
17be established within the boundaries of each judicial circuit.
18Once a review team is established within the boundaries of the
19judicial circuit, the team may establish one or more subteams
20to efficiently and effectively carry out the responsibilities
21of the regional review team and conduct domestic violence
22fatality review.
 
23    Section 50. Membership of regional domestic violence
24fatality review teams. Each regional review team shall, at a

 

 

10200SB0685ham002- 19 -LRB102 12042 LNS 26899 a

1minimum, include the following members from within the
2boundaries of the judicial circuit:
3    (1) a State's Attorney or Assistant State's Attorney;
4    (2) a public defender or other criminal defense lawyer;
5    (3) a coroner or medical examiner;
6    (4) a Sheriff, Deputy Sheriff, Chief of Police, or other
7law enforcement officer with experience in domestic violence
8cases;
9    (5) a social services provider whose significant role is
10to provide services to survivors of domestic violence;
11    (6) a social services provider who has significant
12experience working with domestic violence offenders, if
13available in the region;
14    (7) a civil legal services lawyer or pro bono lawyer
15connected with a civil legal services program; and
16    (8) at least 2 of the following members: a public health
17official; a physician licensed by the State who specializes in
18emergency medicine; an advanced practice registered nurse; a
19licensed mental health professional such as a psychiatrist,
20clinical psychologist, licensed clinical professional
21counselor, or licensed clinical social worker; a circuit judge
22or associate judge; a clerk of the circuit court or other
23elected or appointed court official; an administrative law
24judge; an emergency medical technician, paramedic, or other
25first responder; a local or regional elected official or State
26legislator; a representative from the private business sector;

 

 

10200SB0685ham002- 20 -LRB102 12042 LNS 26899 a

1a member of the clergy or other representative of the faith
2community; a public housing authority administrator or
3manager; an alcohol and substance abuse treatment
4professional; a probation or parole officer; a child welfare
5administrator, caseworker, or investigator; a public school
6administrator, teacher, or school support staff person
7licensed and endorsed by the Illinois State Board of
8Education; a representative of a State university or community
9college; a social science researcher or data analyst; a
10survivor or a family member or friend of a survivor or victim;
11a supervised child visitation or child exchange staff person;
12or a member of the public at-large who has the education,
13training, or experience to carry out the purposes of the
14regional review team.
 
15    Section 55. Terms of regional review team members;
16vacancies.
17    (a) Terms of the original regional team members shall be
18staggered as follows: one-half of the initial members of the
19review team shall serve 2-year terms, and one-half of the
20initial members shall serve 3-year terms. The initial terms
21shall be drawn by lot at the first meeting of the review team.
22Following the initial terms, each member of the review team
23shall serve 3-year terms. No member shall serve more than 2
24consecutive terms. Length of terms of co-chairs, the
25secretary, and other officers coincide with regional review

 

 

10200SB0685ham002- 21 -LRB102 12042 LNS 26899 a

1team membership terms.
2    (b) Vacancies shall be filled by individuals who meet the
3requirements of Section 50 either by an application process or
4upon the recommendation of a member of the regional review
5team, and approved by a vote of the majority of the regional
6review team members. Vacancies occurring during a term shall
7be filled to complete the current term. Members whose terms
8have expired may continue to serve until a new member is
9appointed. Former members are eligible for reappointment after
10the expiration of at least 12 months following their last date
11of service.
 
12    Section 60. Regional review team quorum; meetings;
13compensation.
14    (a) All members of the regional review team are voting
15members. Five members of the regional review team shall
16constitute a quorum.
17    (b) At the first meeting and at subsequent meetings when
18terms expire, the regional review team shall elect 2 co-chairs
19and a secretary and may elect any other officers the voting
20members deem necessary to carry out the duties and
21responsibilities of the regional review team.
22    (c) Each regional review team shall meet at least
23quarterly on a date and at a time and location determined by
24the co-chairs. Additional meetings may be convened by the
25co-chairs upon at least 7 days prior written notice to the

 

 

10200SB0685ham002- 22 -LRB102 12042 LNS 26899 a

1regional review team members, or upon the written request by
2at least 5 regional review team members to the co-chairs.
3Meetings may be held by virtual meeting format during a public
4health emergency or disaster proclamation declared by the
5Governor, or at the discretion of the co-chairs.
6    (d) Members of regional review teams are not entitled to
7compensation, but may receive reimbursement for actual
8expenses incurred in the performance of their duties, subject
9to the availability of State or local funds for such purposes.
 
10    Section 65. Duties and responsibilities of the regional
11domestic violence fatality review team.
12    (a) Each regional review team shall carry out the
13following duties and responsibilities:
14        (1) Form a regional review team in accordance with
15    Sections 50 and 55.
16        (2) Report the names, professional titles, if
17    applicable, and business contact information of each
18    review team member to the Statewide Committee and inform
19    the Statewide Committee in a timely manner of any changes
20    to the membership of the regional review team.
21        (3) Create a secure system of maintaining and storing
22    minutes, correspondence, and confidential information
23    related to the regional review team and the domestic
24    violence fatality reviews.
25        (4) Ensure that each member of the regional review

 

 

10200SB0685ham002- 23 -LRB102 12042 LNS 26899 a

1    team participates in trainings and technical assistance
2    provided by the Statewide Committee and other
3    professionals.
4        (5) Meet at least quarterly and maintain minutes of
5    the business conducted by the regional review team at each
6    meeting.
7        (6) Establish priorities for reviewing eligible cases
8    that consider, in part, demographic and case type
9    diversity.
10        (7) Based upon information available from a variety of
11    sources, consider cases eligible for review in accordance
12    with Section 70.
13        (8) Vote by a majority of the regional review team
14    members to review a specific case based upon various
15    factors, including the priorities by the regional review
16    team.
17        (9) Invite and coordinate with the specific people
18    designated in Section 50 who were involved in the selected
19    domestic violence-related fatality or near-fatality to
20    participate in the domestic violence fatality review.
21    Members of the regional review team may also participate
22    directly in the domestic violence fatality review.
23        (10) Execute a confidentiality agreement with each
24    member of the regional review team and participant of a
25    domestic violence fatality review in accordance with
26    Section 75.

 

 

10200SB0685ham002- 24 -LRB102 12042 LNS 26899 a

1        (11) Conduct a domestic violence fatality review of at
2    least 2 eligible cases per calendar year, or, if the
3    regional review team is unable to complete at least 2
4    reviews in a given year, provide an explanation to the
5    Statewide Committee in the regional review team's annual
6    report pursuant to paragraph (12).
7        (12) Prepare and submit an annual report to the
8    Statewide Committee on the operations and activities of
9    the regional review team in accordance with guidelines
10    established by the Statewide Committee. The initial report
11    shall be due on March 1 following the formation of the
12    regional review team and subsequent reports shall be
13    submitted no later than March 1 of each year thereafter.
14        (13) On odd numbered years, prepare and submit to the
15    Statewide Committee a biennial report based upon the
16    domestic violence fatality reviews of the corresponding
17    time period. The biennial report shall include specific
18    recommendations for legislative, systemic, policy, and any
19    other changes to reduce domestic violence and domestic
20    violence related fatalities and near-fatalities. These
21    recommendations will be reviewed by the Statewide
22    Committee according to Section 40 and will, in part,
23    inform the Statewide Committee's biennial report on even
24    years. Any information that identifies the victims,
25    survivors, deceased, or offenders, or their family members
26    or any information by which their identities can be

 

 

10200SB0685ham002- 25 -LRB102 12042 LNS 26899 a

1    determined by a reasonably diligent inquiry shall not be
2    disclosed in any domestic violence fatality review
3    biennial report or by any other means. Any narrative of
4    nonidentifying facts will be limited to those essential
5    and indispensable to the explanation of data analysis or a
6    recommendation for reform. Aggregate and nonidentifying
7    data, including demographics, may be included in the
8    biennial report. The first biennial report shall be due no
9    later than April 1, 2023, and each subsequent report shall
10    be due no later than April 1 of each odd year thereafter.
11    (b) Each regional review team may carry out the following
12duties and responsibilities:
13        (1) Collect and analyze data from its regional area
14    regarding cases eligible for review that were and were not
15    reviewed by the regional review team for purposes of
16    identifying patterns and making recommendations for
17    community and systemic reforms.
18        (2) Subject to the availability of funding and
19    approval by a vote of the majority of the regional review
20    team members, engage with and enter into contracts with a
21    higher education institution or research entity for
22    research, analysis, training, and educational purposes in
23    furtherance of the purposes of this Act. Regional review
24    team members shall not share information with contractors
25    that would disclose the identities of victims, survivors,
26    deceased, offenders, and their family members or by which

 

 

10200SB0685ham002- 26 -LRB102 12042 LNS 26899 a

1    their identities can be determined by a reasonably
2    diligent inquiry.
3        (3) Seek funds to support the operations of the
4    regional review team and the facilitation of domestic
5    violence fatality reviews.
6        (4) Support the implementation of systemic and
7    community reform recommendations in order to advance the
8    purposes of this Act.
9        (5) Engage in any other activities that enable the
10    regional review team to carry out the purposes of this
11    Act.
 
12    Section 70. Case eligible for review by regional review
13team. A case eligible for review shall include a fatality or
14near-fatality that occurred within the geographic boundaries
15of the judicial circuit covered by the regional review team
16and a qualifying relationship.
17    (a) A fatality or near-fatality includes at least one of
18the following:
19        (1) a homicide, as defined in Article 9 of the
20    Criminal Code of 2012 in which:
21            (A) the offender causes the death of the victim,
22        the deceased, or others; or
23            (B) the survivor causes the death of the offender,
24        the deceased, or others;
25        (2) a suicide or attempt suicide of the offender;

 

 

10200SB0685ham002- 27 -LRB102 12042 LNS 26899 a

1        (3) a suicide of the victim;
2        (4) a suicide attempt of the survivor;
3        (5) a familicide in which the offender causes the
4    death of the victim and other members of the victim's
5    family including, but not limited to, minor or adult
6    children and parents;
7        (6) the near-fatality of a survivor caused by the
8    offender;
9        (7) the near-fatality of an offender caused by the
10    survivor; or
11        (8) any other case involving domestic violence if a
12    majority of the regional review team vote that a review of
13    the case will advance the purposes of this Act.
14    (b) A qualifying relationship between the offender and the
15victim or survivor shall include instances or a history of
16domestic violence perpetrated by the offender against the
17victim or survivor and at least one of the following
18circumstances:
19        (1) the offender and the victim or survivor:
20            (A) resided together or shared a common dwelling
21        at any time;
22            (B) have or are alleged to have a child in common;
23        or
24            (C) are or were engaged, married, divorced,
25        separated, or had a dating or romantic relationship,
26        regardless of whether they had sexual relations;

 

 

10200SB0685ham002- 28 -LRB102 12042 LNS 26899 a

1        (2) the offender stalked the victim or survivor as
2    described in Section 12-7.3 of the Criminal Code of 2012;
3        (3) the victim or survivor filed for an order of
4    protection against the offender under the Illinois
5    Domestic Violence Act of 1986 or Section 112A-2.5 of the
6    Code of Criminal Procedure of 1963;
7        (4) the victim or survivor filed for a civil no
8    contact order against the offender under the Civil No
9    Contact Order Act or Section 112A-14.5 of the Code of
10    Criminal Procedure of 1963;
11        (5) the victim or survivor filed for a stalking no
12    contact order against the offender under the Stalking No
13    Contact Order Act or Section 112A-2.5 of the Code of
14    Criminal Procedure of 1963;
15        (6) the offender violated an order of protection,
16    civil no contact order, or stalking no contact order
17    obtained by the victim or survivor;
18        (7) the deceased resided in the same household as, was
19    present at the workplace of, was in the proximity of, or
20    was related by blood or affinity to a victim or survivor;
21        (8) the deceased was a law enforcement officer,
22    emergency medical technician, or other responder to a
23    domestic violence incident between the offender and the
24    victim or survivor; or
25        (9) a relationship between the offender and the
26    victim, survivor, or deceased exists that a majority of

 

 

10200SB0685ham002- 29 -LRB102 12042 LNS 26899 a

1    the regional review team votes warrants review of the case
2    to advance the purposes of this Act.
3    (c) A case eligible review does not require criminal
4charges or a conviction.
5    (d) Any criminal investigation, civil, criminal, or
6administrative proceeding, and appeals shall be complete for a
7case to be eligible for review.
 
8    Section 75. Confidentiality of regional review teams,
9information, and domestic violence fatality reviews.
10    (a) Meetings in which regional review teams are engaged in
11a domestic violence fatality review or in which confidential
12information is shared or disclosed are closed to the public
13and not subject to Section 2 of the Open Meetings Act.
14    (b) Unless otherwise available and lawfully obtained
15through another source pursuant to an applicable law that
16allows the disclosure and release of the information,
17confidential information in the possession of a regional
18review team is not:
19        (1) subject to disclosure by the Board, Statewide
20    Committee, or a regional review team under the Freedom of
21    Information Act, and this exemption does not extend to
22    other public bodies unless otherwise provided by law;
23        (2) subject to subpoena and discovery under Section
24    2-402 of the Code of Civil Procedure, Article 115 of the
25    Code of Criminal Procedure of 1963, or Illinois Supreme

 

 

10200SB0685ham002- 30 -LRB102 12042 LNS 26899 a

1    Court Rule 412,; and
2        (3) admissible as evidence in any civil or criminal
3    proceeding.
4    (c) Confidential information in the possession of a
5regional review team shall not be disclosed, released, or
6shared except as follows:
7        (1) among Statewide Committee members or Statewide
8    Committee staff pursuant to the review of an eligible
9    case;
10        (2) among regional review team members to determine
11    whether a case is eligible for review or whether an
12    eligible case should be reviewed;
13        (3) among regional review team members and
14    participants during a domestic violence fatality review;
15    or
16        (4) a regional review team votes to share confidential
17    information for solely educational or research purposes,
18    consistent with State or federal law, as long as the
19    information disclosed does not include the identities of
20    victims, survivors, deceased, or offenders, or their
21    family members or any information by which their
22    identities can be determined by a reasonably diligent
23    inquiry.
24    (d) All Statewide Committee members, Statewide Committee
25subcommittee members, Statewide Committee staff, all members
26of each regional review team, and any other person who

 

 

10200SB0685ham002- 31 -LRB102 12042 LNS 26899 a

1participates in any manner in a review of an eligible case by a
2regional review team shall execute a confidentiality agreement
3based upon a model confidentiality agreement developed by the
4Statewide Committee or a document substantially similar to the
5Statewide Committee's model document that acknowledges and
6agrees to comply with the responsibility not to disclose or
7release confidential information. All executed confidentiality
8agreements shall be maintained by the Statewide Committee and
9by each regional review team respectively.
10    (e) Members and staff of the Board, Statewide Committee,
11and members of a regional review team or participants of a
12domestic violence fatality review cannot be subject to
13examination or compelled to disclose or release confidential
14information in any administrative, civil or criminal
15proceeding, except for information that is otherwise available
16and lawfully obtained through another source pursuant to an
17applicable law that allows the disclosure and release of the
18information.
 
19    Section 80. Access to records and information.
20    (a) Upon the oral or written request by a regional review
21team, records and oral or written information relevant to the
22purposes of domestic violence fatality review and to the
23responsibilities of the regional review team shall be provided
24free of charge by the following: State and local governmental
25agencies and officials; medical and dental providers; domestic

 

 

10200SB0685ham002- 32 -LRB102 12042 LNS 26899 a

1violence offender and partner abuse intervention service
2providers; child care providers; and employers. Examples of
3records and oral or written information that may be requested
4include, but are not limited to: guardian ad litem reports;
5parenting evaluations; victim impact statements; mental health
6evaluations submitted to a court; probation information,
7presentence interviews, and reports; recommendations made
8regarding bail and release on own recognizance; child welfare
9reports and information; Child Advocacy Center reports and
10information; law enforcement incident reports, dispatch
11records, statements of victims, witnesses and suspects,
12supplemental reports, and probable cause statements; 9-1-1
13call-taker's reports; correction and post-sentence probation
14or supervision reports; medical, hospital, and dental
15treatment records; school records and information; child care
16records and information; and employer records and information.
17The records and oral or written information may be provided
18for purposes of domestic violence fatality review without
19authorization of the person or persons to whom the records and
20oral or written information relate.
21    (b) The records and oral or written information described
22in this Section provided to a regional review team or in a
23domestic violence fatality review become confidential
24information as defined in this Act. The Statewide Committee,
25regional review teams, and any other participant in a domestic
26violence fatality review shall maintain the confidentiality

 

 

10200SB0685ham002- 33 -LRB102 12042 LNS 26899 a

1and shall not disclose or release the confidential information
2received, shared, or obtained.
3    (c) Nothing in this Act shall:
4        (1) limit public access to records or information that
5    are lawfully available; or
6        (2) change the confidentiality and privilege of
7    communications under the Illinois Domestic Violence Act of
8    1986, Section 8-802.1 of the Code of Civil Procedure, the
9    Mental Health and Developmental Disabilities Code, 42 CFR
10    2.15, Section 40002(b)(2) of the Violence Against Women
11    Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28
12    CFR 94.115.
13    (d) The Statewide Committee or a regional review team may
14request and obtain information and records from outside the
15State by any available legal means.
 
16    Section 85. Storage and destruction of confidential
17information.
18    (a) Following a domestic violence fatality review,
19participants who brought or provided confidential information
20may return to their possession the confidential information,
21shall not disclose or share the confidential information
22unless otherwise allowed by State or federal law or not
23otherwise privileged, and may destroy the confidential
24information unless otherwise prohibited by State or federal
25law. Confidential information subject to immediate destruction

 

 

10200SB0685ham002- 34 -LRB102 12042 LNS 26899 a

1shall be destroyed as provided under the State Records Act or
2Local Records Act.
3    (b) Following a domestic violence fatality review, if one
4of the co-chairs of the regional review team is employed by a
5public or governmental agency, the co-chair of the regional
6review team will store at the place of employment or virtually
7on the confidential electronic database or other technology
8any remaining confidential information and will maintain the
9confidentiality of the information. If neither of the
10co-chairs of the regional review team are employed by a public
11or governmental agency, the co-chairs will designate a member
12of the regional review team employed by a public or
13governmental agency to store at the place of the member's
14employment or virtually on the member's confidential
15electronic database or other technology any remaining
16confidential information and will maintain the confidentiality
17of the information. One year following the submission of the
18regional review team's biennial report pursuant to Section 65,
19the co-chair or a designee shall destroy the confidential
20information.
 
21    Section 90. Penalty for unlawful disclosure of
22confidential information. Anyone who discloses, receives,
23makes use of, or knowingly permits the use of any confidential
24information in violation of this Act commits a Class A
25misdemeanor.
 

 

 

10200SB0685ham002- 35 -LRB102 12042 LNS 26899 a

1    Section 95. Immunity. If acting in good faith, without
2malice, and within the protocols established by the Statewide
3Committee and the regional review team, members of the
4Statewide Committee and regional review team, and anyone
5participating in a domestic violence fatality review shall
6have immunity from administrative, civil, or criminal
7liability for an act or omission related to the participation
8in a domestic violence fatality review, notwithstanding
9Section 90.
 
10    Section 900. The Open Meetings Act is amended by changing
11Section 2 as follows:
 
12    (5 ILCS 120/2)  (from Ch. 102, par. 42)
13    (Text of Section before amendment by P.A. 101-652)
14    Sec. 2. Open meetings.
15    (a) Openness required. All meetings of public bodies shall
16be open to the public unless excepted in subsection (c) and
17closed in accordance with Section 2a.
18    (b) Construction of exceptions. The exceptions contained
19in subsection (c) are in derogation of the requirement that
20public bodies meet in the open, and therefore, the exceptions
21are to be strictly construed, extending only to subjects
22clearly within their scope. The exceptions authorize but do
23not require the holding of a closed meeting to discuss a

 

 

10200SB0685ham002- 36 -LRB102 12042 LNS 26899 a

1subject included within an enumerated exception.
2    (c) Exceptions. A public body may hold closed meetings to
3consider the following subjects:
4        (1) The appointment, employment, compensation,
5    discipline, performance, or dismissal of specific
6    employees, specific individuals who serve as independent
7    contractors in a park, recreational, or educational
8    setting, or specific volunteers of the public body or
9    legal counsel for the public body, including hearing
10    testimony on a complaint lodged against an employee, a
11    specific individual who serves as an independent
12    contractor in a park, recreational, or educational
13    setting, or a volunteer of the public body or against
14    legal counsel for the public body to determine its
15    validity. However, a meeting to consider an increase in
16    compensation to a specific employee of a public body that
17    is subject to the Local Government Wage Increase
18    Transparency Act may not be closed and shall be open to the
19    public and posted and held in accordance with this Act.
20        (2) Collective negotiating matters between the public
21    body and its employees or their representatives, or
22    deliberations concerning salary schedules for one or more
23    classes of employees.
24        (3) The selection of a person to fill a public office,
25    as defined in this Act, including a vacancy in a public
26    office, when the public body is given power to appoint

 

 

10200SB0685ham002- 37 -LRB102 12042 LNS 26899 a

1    under law or ordinance, or the discipline, performance or
2    removal of the occupant of a public office, when the
3    public body is given power to remove the occupant under
4    law or ordinance.
5        (4) Evidence or testimony presented in open hearing,
6    or in closed hearing where specifically authorized by law,
7    to a quasi-adjudicative body, as defined in this Act,
8    provided that the body prepares and makes available for
9    public inspection a written decision setting forth its
10    determinative reasoning.
11        (5) The purchase or lease of real property for the use
12    of the public body, including meetings held for the
13    purpose of discussing whether a particular parcel should
14    be acquired.
15        (6) The setting of a price for sale or lease of
16    property owned by the public body.
17        (7) The sale or purchase of securities, investments,
18    or investment contracts. This exception shall not apply to
19    the investment of assets or income of funds deposited into
20    the Illinois Prepaid Tuition Trust Fund.
21        (8) Security procedures, school building safety and
22    security, and the use of personnel and equipment to
23    respond to an actual, a threatened, or a reasonably
24    potential danger to the safety of employees, students,
25    staff, the public, or public property.
26        (9) Student disciplinary cases.

 

 

10200SB0685ham002- 38 -LRB102 12042 LNS 26899 a

1        (10) The placement of individual students in special
2    education programs and other matters relating to
3    individual students.
4        (11) Litigation, when an action against, affecting or
5    on behalf of the particular public body has been filed and
6    is pending before a court or administrative tribunal, or
7    when the public body finds that an action is probable or
8    imminent, in which case the basis for the finding shall be
9    recorded and entered into the minutes of the closed
10    meeting.
11        (12) The establishment of reserves or settlement of
12    claims as provided in the Local Governmental and
13    Governmental Employees Tort Immunity Act, if otherwise the
14    disposition of a claim or potential claim might be
15    prejudiced, or the review or discussion of claims, loss or
16    risk management information, records, data, advice or
17    communications from or with respect to any insurer of the
18    public body or any intergovernmental risk management
19    association or self insurance pool of which the public
20    body is a member.
21        (13) Conciliation of complaints of discrimination in
22    the sale or rental of housing, when closed meetings are
23    authorized by the law or ordinance prescribing fair
24    housing practices and creating a commission or
25    administrative agency for their enforcement.
26        (14) Informant sources, the hiring or assignment of

 

 

10200SB0685ham002- 39 -LRB102 12042 LNS 26899 a

1    undercover personnel or equipment, or ongoing, prior or
2    future criminal investigations, when discussed by a public
3    body with criminal investigatory responsibilities.
4        (15) Professional ethics or performance when
5    considered by an advisory body appointed to advise a
6    licensing or regulatory agency on matters germane to the
7    advisory body's field of competence.
8        (16) Self evaluation, practices and procedures or
9    professional ethics, when meeting with a representative of
10    a statewide association of which the public body is a
11    member.
12        (17) The recruitment, credentialing, discipline or
13    formal peer review of physicians or other health care
14    professionals, or for the discussion of matters protected
15    under the federal Patient Safety and Quality Improvement
16    Act of 2005, and the regulations promulgated thereunder,
17    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
18    Health Insurance Portability and Accountability Act of
19    1996, and the regulations promulgated thereunder,
20    including 45 C.F.R. Parts 160, 162, and 164, by a
21    hospital, or other institution providing medical care,
22    that is operated by the public body.
23        (18) Deliberations for decisions of the Prisoner
24    Review Board.
25        (19) Review or discussion of applications received
26    under the Experimental Organ Transplantation Procedures

 

 

10200SB0685ham002- 40 -LRB102 12042 LNS 26899 a

1    Act.
2        (20) The classification and discussion of matters
3    classified as confidential or continued confidential by
4    the State Government Suggestion Award Board.
5        (21) Discussion of minutes of meetings lawfully closed
6    under this Act, whether for purposes of approval by the
7    body of the minutes or semi-annual review of the minutes
8    as mandated by Section 2.06.
9        (22) Deliberations for decisions of the State
10    Emergency Medical Services Disciplinary Review Board.
11        (23) The operation by a municipality of a municipal
12    utility or the operation of a municipal power agency or
13    municipal natural gas agency when the discussion involves
14    (i) contracts relating to the purchase, sale, or delivery
15    of electricity or natural gas or (ii) the results or
16    conclusions of load forecast studies.
17        (24) Meetings of a residential health care facility
18    resident sexual assault and death review team or the
19    Executive Council under the Abuse Prevention Review Team
20    Act.
21        (25) Meetings of an independent team of experts under
22    Brian's Law.
23        (26) Meetings of a mortality review team appointed
24    under the Department of Juvenile Justice Mortality Review
25    Team Act.
26        (27) (Blank).

 

 

10200SB0685ham002- 41 -LRB102 12042 LNS 26899 a

1        (28) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Illinois Public Aid
3    Code or (ii) that pertain to appeals under Section 11-8 of
4    the Illinois Public Aid Code.
5        (29) Meetings between internal or external auditors
6    and governmental audit committees, finance committees, and
7    their equivalents, when the discussion involves internal
8    control weaknesses, identification of potential fraud risk
9    areas, known or suspected frauds, and fraud interviews
10    conducted in accordance with generally accepted auditing
11    standards of the United States of America.
12        (30) Those meetings or portions of meetings of a
13    fatality review team or the Illinois Fatality Review Team
14    Advisory Council during which a review of the death of an
15    eligible adult in which abuse or neglect is suspected,
16    alleged, or substantiated is conducted pursuant to Section
17    15 of the Adult Protective Services Act.
18        (31) Meetings and deliberations for decisions of the
19    Concealed Carry Licensing Review Board under the Firearm
20    Concealed Carry Act.
21        (32) Meetings between the Regional Transportation
22    Authority Board and its Service Boards when the discussion
23    involves review by the Regional Transportation Authority
24    Board of employment contracts under Section 28d of the
25    Metropolitan Transit Authority Act and Sections 3A.18 and
26    3B.26 of the Regional Transportation Authority Act.

 

 

10200SB0685ham002- 42 -LRB102 12042 LNS 26899 a

1        (33) Those meetings or portions of meetings of the
2    advisory committee and peer review subcommittee created
3    under Section 320 of the Illinois Controlled Substances
4    Act during which specific controlled substance prescriber,
5    dispenser, or patient information is discussed.
6        (34) Meetings of the Tax Increment Financing Reform
7    Task Force under Section 2505-800 of the Department of
8    Revenue Law of the Civil Administrative Code of Illinois.
9        (35) Meetings of the group established to discuss
10    Medicaid capitation rates under Section 5-30.8 of the
11    Illinois Public Aid Code.
12        (36) Those deliberations or portions of deliberations
13    for decisions of the Illinois Gaming Board in which there
14    is discussed any of the following: (i) personal,
15    commercial, financial, or other information obtained from
16    any source that is privileged, proprietary, confidential,
17    or a trade secret; or (ii) information specifically
18    exempted from the disclosure by federal or State law.
19        (38) Meetings of the Ad Hoc Statewide Domestic
20    Violence Fatality Review Committee of the Illinois
21    Criminal Justice Information Authority Board that occur in
22    closed executive session under subsection (d) of Section
23    35 of the Domestic Violence Fatality Review Act.
24        (39) Meetings of the regional review teams under
25    subsection (a) of Section 75 of the Domestic Violence
26    Fatality Review Act.

 

 

10200SB0685ham002- 43 -LRB102 12042 LNS 26899 a

1    (d) Definitions. For purposes of this Section:
2    "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6    "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14    "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20    (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other
23information that will inform the public of the business being
24conducted.
25(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
26100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.

 

 

10200SB0685ham002- 44 -LRB102 12042 LNS 26899 a

18-23-19; revised 9-27-19.)
 
2    (Text of Section after amendment by P.A. 101-652)
3    Sec. 2. Open meetings.
4    (a) Openness required. All meetings of public bodies shall
5be open to the public unless excepted in subsection (c) and
6closed in accordance with Section 2a.
7    (b) Construction of exceptions. The exceptions contained
8in subsection (c) are in derogation of the requirement that
9public bodies meet in the open, and therefore, the exceptions
10are to be strictly construed, extending only to subjects
11clearly within their scope. The exceptions authorize but do
12not require the holding of a closed meeting to discuss a
13subject included within an enumerated exception.
14    (c) Exceptions. A public body may hold closed meetings to
15consider the following subjects:
16        (1) The appointment, employment, compensation,
17    discipline, performance, or dismissal of specific
18    employees, specific individuals who serve as independent
19    contractors in a park, recreational, or educational
20    setting, or specific volunteers of the public body or
21    legal counsel for the public body, including hearing
22    testimony on a complaint lodged against an employee, a
23    specific individual who serves as an independent
24    contractor in a park, recreational, or educational
25    setting, or a volunteer of the public body or against

 

 

10200SB0685ham002- 45 -LRB102 12042 LNS 26899 a

1    legal counsel for the public body to determine its
2    validity. However, a meeting to consider an increase in
3    compensation to a specific employee of a public body that
4    is subject to the Local Government Wage Increase
5    Transparency Act may not be closed and shall be open to the
6    public and posted and held in accordance with this Act.
7        (2) Collective negotiating matters between the public
8    body and its employees or their representatives, or
9    deliberations concerning salary schedules for one or more
10    classes of employees.
11        (3) The selection of a person to fill a public office,
12    as defined in this Act, including a vacancy in a public
13    office, when the public body is given power to appoint
14    under law or ordinance, or the discipline, performance or
15    removal of the occupant of a public office, when the
16    public body is given power to remove the occupant under
17    law or ordinance.
18        (4) Evidence or testimony presented in open hearing,
19    or in closed hearing where specifically authorized by law,
20    to a quasi-adjudicative body, as defined in this Act,
21    provided that the body prepares and makes available for
22    public inspection a written decision setting forth its
23    determinative reasoning.
24        (5) The purchase or lease of real property for the use
25    of the public body, including meetings held for the
26    purpose of discussing whether a particular parcel should

 

 

10200SB0685ham002- 46 -LRB102 12042 LNS 26899 a

1    be acquired.
2        (6) The setting of a price for sale or lease of
3    property owned by the public body.
4        (7) The sale or purchase of securities, investments,
5    or investment contracts. This exception shall not apply to
6    the investment of assets or income of funds deposited into
7    the Illinois Prepaid Tuition Trust Fund.
8        (8) Security procedures, school building safety and
9    security, and the use of personnel and equipment to
10    respond to an actual, a threatened, or a reasonably
11    potential danger to the safety of employees, students,
12    staff, the public, or public property.
13        (9) Student disciplinary cases.
14        (10) The placement of individual students in special
15    education programs and other matters relating to
16    individual students.
17        (11) Litigation, when an action against, affecting or
18    on behalf of the particular public body has been filed and
19    is pending before a court or administrative tribunal, or
20    when the public body finds that an action is probable or
21    imminent, in which case the basis for the finding shall be
22    recorded and entered into the minutes of the closed
23    meeting.
24        (12) The establishment of reserves or settlement of
25    claims as provided in the Local Governmental and
26    Governmental Employees Tort Immunity Act, if otherwise the

 

 

10200SB0685ham002- 47 -LRB102 12042 LNS 26899 a

1    disposition of a claim or potential claim might be
2    prejudiced, or the review or discussion of claims, loss or
3    risk management information, records, data, advice or
4    communications from or with respect to any insurer of the
5    public body or any intergovernmental risk management
6    association or self insurance pool of which the public
7    body is a member.
8        (13) Conciliation of complaints of discrimination in
9    the sale or rental of housing, when closed meetings are
10    authorized by the law or ordinance prescribing fair
11    housing practices and creating a commission or
12    administrative agency for their enforcement.
13        (14) Informant sources, the hiring or assignment of
14    undercover personnel or equipment, or ongoing, prior or
15    future criminal investigations, when discussed by a public
16    body with criminal investigatory responsibilities.
17        (15) Professional ethics or performance when
18    considered by an advisory body appointed to advise a
19    licensing or regulatory agency on matters germane to the
20    advisory body's field of competence.
21        (16) Self evaluation, practices and procedures or
22    professional ethics, when meeting with a representative of
23    a statewide association of which the public body is a
24    member.
25        (17) The recruitment, credentialing, discipline or
26    formal peer review of physicians or other health care

 

 

10200SB0685ham002- 48 -LRB102 12042 LNS 26899 a

1    professionals, or for the discussion of matters protected
2    under the federal Patient Safety and Quality Improvement
3    Act of 2005, and the regulations promulgated thereunder,
4    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
5    Health Insurance Portability and Accountability Act of
6    1996, and the regulations promulgated thereunder,
7    including 45 C.F.R. Parts 160, 162, and 164, by a
8    hospital, or other institution providing medical care,
9    that is operated by the public body.
10        (18) Deliberations for decisions of the Prisoner
11    Review Board.
12        (19) Review or discussion of applications received
13    under the Experimental Organ Transplantation Procedures
14    Act.
15        (20) The classification and discussion of matters
16    classified as confidential or continued confidential by
17    the State Government Suggestion Award Board.
18        (21) Discussion of minutes of meetings lawfully closed
19    under this Act, whether for purposes of approval by the
20    body of the minutes or semi-annual review of the minutes
21    as mandated by Section 2.06.
22        (22) Deliberations for decisions of the State
23    Emergency Medical Services Disciplinary Review Board.
24        (23) The operation by a municipality of a municipal
25    utility or the operation of a municipal power agency or
26    municipal natural gas agency when the discussion involves

 

 

10200SB0685ham002- 49 -LRB102 12042 LNS 26899 a

1    (i) contracts relating to the purchase, sale, or delivery
2    of electricity or natural gas or (ii) the results or
3    conclusions of load forecast studies.
4        (24) Meetings of a residential health care facility
5    resident sexual assault and death review team or the
6    Executive Council under the Abuse Prevention Review Team
7    Act.
8        (25) Meetings of an independent team of experts under
9    Brian's Law.
10        (26) Meetings of a mortality review team appointed
11    under the Department of Juvenile Justice Mortality Review
12    Team Act.
13        (27) (Blank).
14        (28) Correspondence and records (i) that may not be
15    disclosed under Section 11-9 of the Illinois Public Aid
16    Code or (ii) that pertain to appeals under Section 11-8 of
17    the Illinois Public Aid Code.
18        (29) Meetings between internal or external auditors
19    and governmental audit committees, finance committees, and
20    their equivalents, when the discussion involves internal
21    control weaknesses, identification of potential fraud risk
22    areas, known or suspected frauds, and fraud interviews
23    conducted in accordance with generally accepted auditing
24    standards of the United States of America.
25        (30) Those meetings or portions of meetings of a
26    fatality review team or the Illinois Fatality Review Team

 

 

10200SB0685ham002- 50 -LRB102 12042 LNS 26899 a

1    Advisory Council during which a review of the death of an
2    eligible adult in which abuse or neglect is suspected,
3    alleged, or substantiated is conducted pursuant to Section
4    15 of the Adult Protective Services Act.
5        (31) Meetings and deliberations for decisions of the
6    Concealed Carry Licensing Review Board under the Firearm
7    Concealed Carry Act.
8        (32) Meetings between the Regional Transportation
9    Authority Board and its Service Boards when the discussion
10    involves review by the Regional Transportation Authority
11    Board of employment contracts under Section 28d of the
12    Metropolitan Transit Authority Act and Sections 3A.18 and
13    3B.26 of the Regional Transportation Authority Act.
14        (33) Those meetings or portions of meetings of the
15    advisory committee and peer review subcommittee created
16    under Section 320 of the Illinois Controlled Substances
17    Act during which specific controlled substance prescriber,
18    dispenser, or patient information is discussed.
19        (34) Meetings of the Tax Increment Financing Reform
20    Task Force under Section 2505-800 of the Department of
21    Revenue Law of the Civil Administrative Code of Illinois.
22        (35) Meetings of the group established to discuss
23    Medicaid capitation rates under Section 5-30.8 of the
24    Illinois Public Aid Code.
25        (36) Those deliberations or portions of deliberations
26    for decisions of the Illinois Gaming Board in which there

 

 

10200SB0685ham002- 51 -LRB102 12042 LNS 26899 a

1    is discussed any of the following: (i) personal,
2    commercial, financial, or other information obtained from
3    any source that is privileged, proprietary, confidential,
4    or a trade secret; or (ii) information specifically
5    exempted from the disclosure by federal or State law.
6        (37) Deliberations for decisions of the Illinois Law
7    Enforcement Training Standards Board, the Certification
8    Review Panel, and the Illinois State Police Merit Board
9    regarding certification and decertification.
10        (38) Meetings of the Ad Hoc Statewide Domestic
11    Violence Fatality Review Committee of the Illinois
12    Criminal Justice Information Authority Board that occur in
13    closed executive session under subsection (d) of Section
14    35 of the Domestic Violence Fatality Review Act.
15        (39) Meetings of the regional review teams under
16    subsection (a) of Section 75 of the Domestic Violence
17    Fatality Review Act.
18    (d) Definitions. For purposes of this Section:
19    "Employee" means a person employed by a public body whose
20relationship with the public body constitutes an
21employer-employee relationship under the usual common law
22rules, and who is not an independent contractor.
23    "Public office" means a position created by or under the
24Constitution or laws of this State, the occupant of which is
25charged with the exercise of some portion of the sovereign
26power of this State. The term "public office" shall include

 

 

10200SB0685ham002- 52 -LRB102 12042 LNS 26899 a

1members of the public body, but it shall not include
2organizational positions filled by members thereof, whether
3established by law or by a public body itself, that exist to
4assist the body in the conduct of its business.
5    "Quasi-adjudicative body" means an administrative body
6charged by law or ordinance with the responsibility to conduct
7hearings, receive evidence or testimony and make
8determinations based thereon, but does not include local
9electoral boards when such bodies are considering petition
10challenges.
11    (e) Final action. No final action may be taken at a closed
12meeting. Final action shall be preceded by a public recital of
13the nature of the matter being considered and other
14information that will inform the public of the business being
15conducted.
16(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
17100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
188-23-19; 101-652, eff. 1-1-22.)
 
19    Section 905. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
 
21    (5 ILCS 140/7.5)
22    (Text of Section before amendment by P.A. 101-652)
23    Sec. 7.5. Statutory exemptions. To the extent provided for
24by the statutes referenced below, the following shall be

 

 

10200SB0685ham002- 53 -LRB102 12042 LNS 26899 a

1exempt from inspection and copying:
2        (a) All information determined to be confidential
3    under Section 4002 of the Technology Advancement and
4    Development Act.
5        (b) Library circulation and order records identifying
6    library users with specific materials under the Library
7    Records Confidentiality Act.
8        (c) Applications, related documents, and medical
9    records received by the Experimental Organ Transplantation
10    Procedures Board and any and all documents or other
11    records prepared by the Experimental Organ Transplantation
12    Procedures Board or its staff relating to applications it
13    has received.
14        (d) Information and records held by the Department of
15    Public Health and its authorized representatives relating
16    to known or suspected cases of sexually transmissible
17    disease or any information the disclosure of which is
18    restricted under the Illinois Sexually Transmissible
19    Disease Control Act.
20        (e) Information the disclosure of which is exempted
21    under Section 30 of the Radon Industry Licensing Act.
22        (f) Firm performance evaluations under Section 55 of
23    the Architectural, Engineering, and Land Surveying
24    Qualifications Based Selection Act.
25        (g) Information the disclosure of which is restricted
26    and exempted under Section 50 of the Illinois Prepaid

 

 

10200SB0685ham002- 54 -LRB102 12042 LNS 26899 a

1    Tuition Act.
2        (h) Information the disclosure of which is exempted
3    under the State Officials and Employees Ethics Act, and
4    records of any lawfully created State or local inspector
5    general's office that would be exempt if created or
6    obtained by an Executive Inspector General's office under
7    that Act.
8        (i) Information contained in a local emergency energy
9    plan submitted to a municipality in accordance with a
10    local emergency energy plan ordinance that is adopted
11    under Section 11-21.5-5 of the Illinois Municipal Code.
12        (j) Information and data concerning the distribution
13    of surcharge moneys collected and remitted by carriers
14    under the Emergency Telephone System Act.
15        (k) Law enforcement officer identification information
16    or driver identification information compiled by a law
17    enforcement agency or the Department of Transportation
18    under Section 11-212 of the Illinois Vehicle Code.
19        (l) Records and information provided to a residential
20    health care facility resident sexual assault and death
21    review team or the Executive Council under the Abuse
22    Prevention Review Team Act.
23        (m) Information provided to the predatory lending
24    database created pursuant to Article 3 of the Residential
25    Real Property Disclosure Act, except to the extent
26    authorized under that Article.

 

 

10200SB0685ham002- 55 -LRB102 12042 LNS 26899 a

1        (n) Defense budgets and petitions for certification of
2    compensation and expenses for court appointed trial
3    counsel as provided under Sections 10 and 15 of the
4    Capital Crimes Litigation Act. This subsection (n) shall
5    apply until the conclusion of the trial of the case, even
6    if the prosecution chooses not to pursue the death penalty
7    prior to trial or sentencing.
8        (o) Information that is prohibited from being
9    disclosed under Section 4 of the Illinois Health and
10    Hazardous Substances Registry Act.
11        (p) Security portions of system safety program plans,
12    investigation reports, surveys, schedules, lists, data, or
13    information compiled, collected, or prepared by or for the
14    Regional Transportation Authority under Section 2.11 of
15    the Regional Transportation Authority Act or the St. Clair
16    County Transit District under the Bi-State Transit Safety
17    Act.
18        (q) Information prohibited from being disclosed by the
19    Personnel Record Review Act.
20        (r) Information prohibited from being disclosed by the
21    Illinois School Student Records Act.
22        (s) Information the disclosure of which is restricted
23    under Section 5-108 of the Public Utilities Act.
24        (t) All identified or deidentified health information
25    in the form of health data or medical records contained
26    in, stored in, submitted to, transferred by, or released

 

 

10200SB0685ham002- 56 -LRB102 12042 LNS 26899 a

1    from the Illinois Health Information Exchange, and
2    identified or deidentified health information in the form
3    of health data and medical records of the Illinois Health
4    Information Exchange in the possession of the Illinois
5    Health Information Exchange Office due to its
6    administration of the Illinois Health Information
7    Exchange. The terms "identified" and "deidentified" shall
8    be given the same meaning as in the Health Insurance
9    Portability and Accountability Act of 1996, Public Law
10    104-191, or any subsequent amendments thereto, and any
11    regulations promulgated thereunder.
12        (u) Records and information provided to an independent
13    team of experts under the Developmental Disability and
14    Mental Health Safety Act (also known as Brian's Law).
15        (v) Names and information of people who have applied
16    for or received Firearm Owner's Identification Cards under
17    the Firearm Owners Identification Card Act or applied for
18    or received a concealed carry license under the Firearm
19    Concealed Carry Act, unless otherwise authorized by the
20    Firearm Concealed Carry Act; and databases under the
21    Firearm Concealed Carry Act, records of the Concealed
22    Carry Licensing Review Board under the Firearm Concealed
23    Carry Act, and law enforcement agency objections under the
24    Firearm Concealed Carry Act.
25        (w) Personally identifiable information which is
26    exempted from disclosure under subsection (g) of Section

 

 

10200SB0685ham002- 57 -LRB102 12042 LNS 26899 a

1    19.1 of the Toll Highway Act.
2        (x) Information which is exempted from disclosure
3    under Section 5-1014.3 of the Counties Code or Section
4    8-11-21 of the Illinois Municipal Code.
5        (y) Confidential information under the Adult
6    Protective Services Act and its predecessor enabling
7    statute, the Elder Abuse and Neglect Act, including
8    information about the identity and administrative finding
9    against any caregiver of a verified and substantiated
10    decision of abuse, neglect, or financial exploitation of
11    an eligible adult maintained in the Registry established
12    under Section 7.5 of the Adult Protective Services Act.
13        (z) Records and information provided to a fatality
14    review team or the Illinois Fatality Review Team Advisory
15    Council under Section 15 of the Adult Protective Services
16    Act.
17        (aa) Information which is exempted from disclosure
18    under Section 2.37 of the Wildlife Code.
19        (bb) Information which is or was prohibited from
20    disclosure by the Juvenile Court Act of 1987.
21        (cc) Recordings made under the Law Enforcement
22    Officer-Worn Body Camera Act, except to the extent
23    authorized under that Act.
24        (dd) Information that is prohibited from being
25    disclosed under Section 45 of the Condominium and Common
26    Interest Community Ombudsperson Act.

 

 

10200SB0685ham002- 58 -LRB102 12042 LNS 26899 a

1        (ee) Information that is exempted from disclosure
2    under Section 30.1 of the Pharmacy Practice Act.
3        (ff) Information that is exempted from disclosure
4    under the Revised Uniform Unclaimed Property Act.
5        (gg) Information that is prohibited from being
6    disclosed under Section 7-603.5 of the Illinois Vehicle
7    Code.
8        (hh) Records that are exempt from disclosure under
9    Section 1A-16.7 of the Election Code.
10        (ii) Information which is exempted from disclosure
11    under Section 2505-800 of the Department of Revenue Law of
12    the Civil Administrative Code of Illinois.
13        (jj) Information and reports that are required to be
14    submitted to the Department of Labor by registering day
15    and temporary labor service agencies but are exempt from
16    disclosure under subsection (a-1) of Section 45 of the Day
17    and Temporary Labor Services Act.
18        (kk) Information prohibited from disclosure under the
19    Seizure and Forfeiture Reporting Act.
20        (ll) Information the disclosure of which is restricted
21    and exempted under Section 5-30.8 of the Illinois Public
22    Aid Code.
23        (mm) Records that are exempt from disclosure under
24    Section 4.2 of the Crime Victims Compensation Act.
25        (nn) Information that is exempt from disclosure under
26    Section 70 of the Higher Education Student Assistance Act.

 

 

10200SB0685ham002- 59 -LRB102 12042 LNS 26899 a

1        (oo) Communications, notes, records, and reports
2    arising out of a peer support counseling session
3    prohibited from disclosure under the First Responders
4    Suicide Prevention Act.
5        (pp) Names and all identifying information relating to
6    an employee of an emergency services provider or law
7    enforcement agency under the First Responders Suicide
8    Prevention Act.
9        (qq) Information and records held by the Department of
10    Public Health and its authorized representatives collected
11    under the Reproductive Health Act.
12        (rr) Information that is exempt from disclosure under
13    the Cannabis Regulation and Tax Act.
14        (ss) Data reported by an employer to the Department of
15    Human Rights pursuant to Section 2-108 of the Illinois
16    Human Rights Act.
17        (tt) Recordings made under the Children's Advocacy
18    Center Act, except to the extent authorized under that
19    Act.
20        (uu) Information that is exempt from disclosure under
21    Section 50 of the Sexual Assault Evidence Submission Act.
22        (vv) Information that is exempt from disclosure under
23    subsections (f) and (j) of Section 5-36 of the Illinois
24    Public Aid Code.
25        (ww) Information that is exempt from disclosure under
26    Section 16.8 of the State Treasurer Act.

 

 

10200SB0685ham002- 60 -LRB102 12042 LNS 26899 a

1        (xx) Information that is exempt from disclosure or
2    information that shall not be made public under the
3    Illinois Insurance Code.
4        (yy) Information prohibited from being disclosed under
5    the Illinois Educational Labor Relations Act.
6        (zz) Information prohibited from being disclosed under
7    the Illinois Public Labor Relations Act.
8        (aaa) Information prohibited from being disclosed
9    under Section 1-167 of the Illinois Pension Code.
10        (bbb) Information that is exempt from disclosure under
11    subsection (k) of Section 11 of the Equal Pay Act of 2003.
12        (ddd) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
16100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
178-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
18eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
19100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
206-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
21eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
22101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
231-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
24eff. 7-7-20; 101-656, eff. 3-23-21.)
 
25    (Text of Section after amendment by P.A. 101-652)

 

 

10200SB0685ham002- 61 -LRB102 12042 LNS 26899 a

1    Sec. 7.5. Statutory exemptions. To the extent provided for
2by the statutes referenced below, the following shall be
3exempt from inspection and copying:
4        (a) All information determined to be confidential
5    under Section 4002 of the Technology Advancement and
6    Development Act.
7        (b) Library circulation and order records identifying
8    library users with specific materials under the Library
9    Records Confidentiality Act.
10        (c) Applications, related documents, and medical
11    records received by the Experimental Organ Transplantation
12    Procedures Board and any and all documents or other
13    records prepared by the Experimental Organ Transplantation
14    Procedures Board or its staff relating to applications it
15    has received.
16        (d) Information and records held by the Department of
17    Public Health and its authorized representatives relating
18    to known or suspected cases of sexually transmissible
19    disease or any information the disclosure of which is
20    restricted under the Illinois Sexually Transmissible
21    Disease Control Act.
22        (e) Information the disclosure of which is exempted
23    under Section 30 of the Radon Industry Licensing Act.
24        (f) Firm performance evaluations under Section 55 of
25    the Architectural, Engineering, and Land Surveying
26    Qualifications Based Selection Act.

 

 

10200SB0685ham002- 62 -LRB102 12042 LNS 26899 a

1        (g) Information the disclosure of which is restricted
2    and exempted under Section 50 of the Illinois Prepaid
3    Tuition Act.
4        (h) Information the disclosure of which is exempted
5    under the State Officials and Employees Ethics Act, and
6    records of any lawfully created State or local inspector
7    general's office that would be exempt if created or
8    obtained by an Executive Inspector General's office under
9    that Act.
10        (i) Information contained in a local emergency energy
11    plan submitted to a municipality in accordance with a
12    local emergency energy plan ordinance that is adopted
13    under Section 11-21.5-5 of the Illinois Municipal Code.
14        (j) Information and data concerning the distribution
15    of surcharge moneys collected and remitted by carriers
16    under the Emergency Telephone System Act.
17        (k) Law enforcement officer identification information
18    or driver identification information compiled by a law
19    enforcement agency or the Department of Transportation
20    under Section 11-212 of the Illinois Vehicle Code.
21        (l) Records and information provided to a residential
22    health care facility resident sexual assault and death
23    review team or the Executive Council under the Abuse
24    Prevention Review Team Act.
25        (m) Information provided to the predatory lending
26    database created pursuant to Article 3 of the Residential

 

 

10200SB0685ham002- 63 -LRB102 12042 LNS 26899 a

1    Real Property Disclosure Act, except to the extent
2    authorized under that Article.
3        (n) Defense budgets and petitions for certification of
4    compensation and expenses for court appointed trial
5    counsel as provided under Sections 10 and 15 of the
6    Capital Crimes Litigation Act. This subsection (n) shall
7    apply until the conclusion of the trial of the case, even
8    if the prosecution chooses not to pursue the death penalty
9    prior to trial or sentencing.
10        (o) Information that is prohibited from being
11    disclosed under Section 4 of the Illinois Health and
12    Hazardous Substances Registry Act.
13        (p) Security portions of system safety program plans,
14    investigation reports, surveys, schedules, lists, data, or
15    information compiled, collected, or prepared by or for the
16    Regional Transportation Authority under Section 2.11 of
17    the Regional Transportation Authority Act or the St. Clair
18    County Transit District under the Bi-State Transit Safety
19    Act.
20        (q) Information prohibited from being disclosed by the
21    Personnel Record Review Act.
22        (r) Information prohibited from being disclosed by the
23    Illinois School Student Records Act.
24        (s) Information the disclosure of which is restricted
25    under Section 5-108 of the Public Utilities Act.
26        (t) All identified or deidentified health information

 

 

10200SB0685ham002- 64 -LRB102 12042 LNS 26899 a

1    in the form of health data or medical records contained
2    in, stored in, submitted to, transferred by, or released
3    from the Illinois Health Information Exchange, and
4    identified or deidentified health information in the form
5    of health data and medical records of the Illinois Health
6    Information Exchange in the possession of the Illinois
7    Health Information Exchange Office due to its
8    administration of the Illinois Health Information
9    Exchange. The terms "identified" and "deidentified" shall
10    be given the same meaning as in the Health Insurance
11    Portability and Accountability Act of 1996, Public Law
12    104-191, or any subsequent amendments thereto, and any
13    regulations promulgated thereunder.
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

10200SB0685ham002- 65 -LRB102 12042 LNS 26899 a

1        (w) Personally identifiable information which is
2    exempted from disclosure under subsection (g) of Section
3    19.1 of the Toll Highway Act.
4        (x) Information which is exempted from disclosure
5    under Section 5-1014.3 of the Counties Code or Section
6    8-11-21 of the Illinois Municipal Code.
7        (y) Confidential information under the Adult
8    Protective Services Act and its predecessor enabling
9    statute, the Elder Abuse and Neglect Act, including
10    information about the identity and administrative finding
11    against any caregiver of a verified and substantiated
12    decision of abuse, neglect, or financial exploitation of
13    an eligible adult maintained in the Registry established
14    under Section 7.5 of the Adult Protective Services Act.
15        (z) Records and information provided to a fatality
16    review team or the Illinois Fatality Review Team Advisory
17    Council under Section 15 of the Adult Protective Services
18    Act.
19        (aa) Information which is exempted from disclosure
20    under Section 2.37 of the Wildlife Code.
21        (bb) Information which is or was prohibited from
22    disclosure by the Juvenile Court Act of 1987.
23        (cc) Recordings made under the Law Enforcement
24    Officer-Worn Body Camera Act, except to the extent
25    authorized under that Act.
26        (dd) Information that is prohibited from being

 

 

10200SB0685ham002- 66 -LRB102 12042 LNS 26899 a

1    disclosed under Section 45 of the Condominium and Common
2    Interest Community Ombudsperson Act.
3        (ee) Information that is exempted from disclosure
4    under Section 30.1 of the Pharmacy Practice Act.
5        (ff) Information that is exempted from disclosure
6    under the Revised Uniform Unclaimed Property Act.
7        (gg) Information that is prohibited from being
8    disclosed under Section 7-603.5 of the Illinois Vehicle
9    Code.
10        (hh) Records that are exempt from disclosure under
11    Section 1A-16.7 of the Election Code.
12        (ii) Information which is exempted from disclosure
13    under Section 2505-800 of the Department of Revenue Law of
14    the Civil Administrative Code of Illinois.
15        (jj) Information and reports that are required to be
16    submitted to the Department of Labor by registering day
17    and temporary labor service agencies but are exempt from
18    disclosure under subsection (a-1) of Section 45 of the Day
19    and Temporary Labor Services Act.
20        (kk) Information prohibited from disclosure under the
21    Seizure and Forfeiture Reporting Act.
22        (ll) Information the disclosure of which is restricted
23    and exempted under Section 5-30.8 of the Illinois Public
24    Aid Code.
25        (mm) Records that are exempt from disclosure under
26    Section 4.2 of the Crime Victims Compensation Act.

 

 

10200SB0685ham002- 67 -LRB102 12042 LNS 26899 a

1        (nn) Information that is exempt from disclosure under
2    Section 70 of the Higher Education Student Assistance Act.
3        (oo) Communications, notes, records, and reports
4    arising out of a peer support counseling session
5    prohibited from disclosure under the First Responders
6    Suicide Prevention Act.
7        (pp) Names and all identifying information relating to
8    an employee of an emergency services provider or law
9    enforcement agency under the First Responders Suicide
10    Prevention Act.
11        (qq) Information and records held by the Department of
12    Public Health and its authorized representatives collected
13    under the Reproductive Health Act.
14        (rr) Information that is exempt from disclosure under
15    the Cannabis Regulation and Tax Act.
16        (ss) Data reported by an employer to the Department of
17    Human Rights pursuant to Section 2-108 of the Illinois
18    Human Rights Act.
19        (tt) Recordings made under the Children's Advocacy
20    Center Act, except to the extent authorized under that
21    Act.
22        (uu) Information that is exempt from disclosure under
23    Section 50 of the Sexual Assault Evidence Submission Act.
24        (vv) Information that is exempt from disclosure under
25    subsections (f) and (j) of Section 5-36 of the Illinois
26    Public Aid Code.

 

 

10200SB0685ham002- 68 -LRB102 12042 LNS 26899 a

1        (ww) Information that is exempt from disclosure under
2    Section 16.8 of the State Treasurer Act.
3        (xx) Information that is exempt from disclosure or
4    information that shall not be made public under the
5    Illinois Insurance Code.
6        (yy) Information prohibited from being disclosed under
7    the Illinois Educational Labor Relations Act.
8        (zz) Information prohibited from being disclosed under
9    the Illinois Public Labor Relations Act.
10        (aaa) Information prohibited from being disclosed
11    under Section 1-167 of the Illinois Pension Code.
12        (bbb) Information that is exempt from disclosure under
13    subsection (k) of Section 11 of the Equal Pay Act of 2003.
14        (ccc) (bbb) Information that is prohibited from
15    disclosure by the Illinois Police Training Act and the
16    State Police Act.
17        (ddd) Information prohibited from being disclosed
18    under subsection (b) of Section 75 of the Domestic
19    Violence Fatality Review Act.
20(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
21100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
228-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
23eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
24100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
256-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
26eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

 

 

10200SB0685ham002- 69 -LRB102 12042 LNS 26899 a

1101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
21-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
3eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
4revised 4-21-21.)
 
5    Section 995. No acceleration or delay. Where this Act
6makes changes in a statute that is represented in this Act by
7text that is not yet or no longer in effect (for example, a
8Section represented by multiple versions), the use of that
9text does not accelerate or delay the taking effect of (i) the
10changes made by this Act or (ii) provisions derived from any
11other Public Act.
 
12    Section 999. Effective date. This Act takes effect upon
13becoming law.".