Full Text of HB3326 103rd General Assembly
HB3326ham003 103RD GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 5/1/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3326
| 2 | | AMENDMENT NO. ______. Amend House Bill 3326 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7 as follows:
| 6 | | (5 ILCS 140/7)
| 7 | | (Text of Section before amendment by P.A. 102-982 ) | 8 | | Sec. 7. Exemptions.
| 9 | | (1) When a request is made to inspect or copy a public | 10 | | record that contains information that is exempt from | 11 | | disclosure under this Section, but also contains information | 12 | | that is not exempt from disclosure, the public body may elect | 13 | | to redact the information that is exempt. The public body | 14 | | shall make the remaining information available for inspection | 15 | | and copying. Subject to this requirement, the following shall | 16 | | be exempt from inspection and copying:
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| 1 | | (a) Information specifically prohibited from | 2 | | disclosure by federal or
State law or rules and | 3 | | regulations implementing federal or State law.
| 4 | | (b) Private information, unless disclosure is required | 5 | | by another provision of this Act, a State or federal law, | 6 | | or a court order. | 7 | | (b-5) Files, documents, and other data or databases | 8 | | maintained by one or more law enforcement agencies and | 9 | | specifically designed to provide information to one or | 10 | | more law enforcement agencies regarding the physical or | 11 | | mental status of one or more individual subjects. | 12 | | (c) Personal information contained within public | 13 | | records, the disclosure of which would constitute a | 14 | | clearly
unwarranted invasion of personal privacy, unless | 15 | | the disclosure is
consented to in writing by the | 16 | | individual subjects of the information. "Unwarranted | 17 | | invasion of personal privacy" means the disclosure of | 18 | | information that is highly personal or objectionable to a | 19 | | reasonable person and in which the subject's right to | 20 | | privacy outweighs any legitimate public interest in | 21 | | obtaining the information. The
disclosure of information | 22 | | that bears on the public duties of public
employees and | 23 | | officials shall not be considered an invasion of personal
| 24 | | privacy.
| 25 | | (d) Records in the possession of any public body | 26 | | created in the course of administrative enforcement
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| 1 | | proceedings, and any law enforcement or correctional | 2 | | agency for
law enforcement purposes,
but only to the | 3 | | extent that disclosure would:
| 4 | | (i) interfere with pending or actually and | 5 | | reasonably contemplated
law enforcement proceedings | 6 | | conducted by any law enforcement or correctional
| 7 | | agency that is the recipient of the request;
| 8 | | (ii) interfere with active administrative | 9 | | enforcement proceedings
conducted by the public body | 10 | | that is the recipient of the request;
| 11 | | (iii) create a substantial likelihood that a | 12 | | person will be deprived of a fair trial or an impartial | 13 | | hearing;
| 14 | | (iv) unavoidably disclose the identity of a | 15 | | confidential source, confidential information | 16 | | furnished only by the confidential source, or persons | 17 | | who file complaints with or provide information to | 18 | | administrative, investigative, law enforcement, or | 19 | | penal agencies; except that the identities of | 20 | | witnesses to traffic accidents, traffic accident | 21 | | reports, and rescue reports shall be provided by | 22 | | agencies of local government, except when disclosure | 23 | | would interfere with an active criminal investigation | 24 | | conducted by the agency that is the recipient of the | 25 | | request;
| 26 | | (v) disclose unique or specialized investigative |
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| 1 | | techniques other than
those generally used and known | 2 | | or disclose internal documents of
correctional | 3 | | agencies related to detection, observation , or | 4 | | investigation of
incidents of crime or misconduct, and | 5 | | disclosure would result in demonstrable harm to the | 6 | | agency or public body that is the recipient of the | 7 | | request;
| 8 | | (vi) endanger the life or physical safety of law | 9 | | enforcement personnel
or any other person; or
| 10 | | (vii) obstruct an ongoing criminal investigation | 11 | | by the agency that is the recipient of the request.
| 12 | | (d-5) A law enforcement record created for law | 13 | | enforcement purposes and contained in a shared electronic | 14 | | record management system if the law enforcement agency | 15 | | that is the recipient of the request did not create the | 16 | | record, did not participate in or have a role in any of the | 17 | | events which are the subject of the record, and only has | 18 | | access to the record through the shared electronic record | 19 | | management system. | 20 | | (d-6) Records contained in the Officer Professional | 21 | | Conduct Database under Section 9.2 of the Illinois Police | 22 | | Training Act, except to the extent authorized under that | 23 | | Section. This includes the documents supplied to the | 24 | | Illinois Law Enforcement Training Standards Board from the | 25 | | Illinois State Police and Illinois State Police Merit | 26 | | Board. |
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| 1 | | (e) Records that relate to or affect the security of | 2 | | correctional
institutions and detention facilities.
| 3 | | (e-5) Records requested by persons committed to the | 4 | | Department of Corrections, Department of Human Services | 5 | | Division of Mental Health, or a county jail if those | 6 | | materials are available in the library of the correctional | 7 | | institution or facility or jail where the inmate is | 8 | | confined. | 9 | | (e-6) Records requested by persons committed to the | 10 | | Department of Corrections, Department of Human Services | 11 | | Division of Mental Health, or a county jail if those | 12 | | materials include records from staff members' personnel | 13 | | files, staff rosters, or other staffing assignment | 14 | | information. | 15 | | (e-7) Records requested by persons committed to the | 16 | | Department of Corrections or Department of Human Services | 17 | | Division of Mental Health if those materials are available | 18 | | through an administrative request to the Department of | 19 | | Corrections or Department of Human Services Division of | 20 | | Mental Health. | 21 | | (e-8) Records requested by a person committed to the | 22 | | Department of Corrections, Department of Human Services | 23 | | Division of Mental Health, or a county jail, the | 24 | | disclosure of which would result in the risk of harm to any | 25 | | person or the risk of an escape from a jail or correctional | 26 | | institution or facility. |
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| 1 | | (e-9) Records requested by a person in a county jail | 2 | | or committed to the Department of Corrections or | 3 | | Department of Human Services Division of Mental Health, | 4 | | containing personal information pertaining to the person's | 5 | | victim or the victim's family, including, but not limited | 6 | | to, a victim's home address, home telephone number, work | 7 | | or school address, work telephone number, social security | 8 | | number, or any other identifying information, except as | 9 | | may be relevant to a requester's current or potential case | 10 | | or claim. | 11 | | (e-10) Law enforcement records of other persons | 12 | | requested by a person committed to the Department of | 13 | | Corrections, Department of Human Services Division of | 14 | | Mental Health, or a county jail, including, but not | 15 | | limited to, arrest and booking records, mug shots, and | 16 | | crime scene photographs, except as these records may be | 17 | | relevant to the requester's current or potential case or | 18 | | claim. | 19 | | (f) Preliminary drafts, notes, recommendations, | 20 | | memoranda, and other
records in which opinions are | 21 | | expressed, or policies or actions are
formulated, except | 22 | | that a specific record or relevant portion of a
record | 23 | | shall not be exempt when the record is publicly cited
and | 24 | | identified by the head of the public body. The exemption | 25 | | provided in
this paragraph (f) extends to all those | 26 | | records of officers and agencies
of the General Assembly |
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| 1 | | that pertain to the preparation of legislative
documents.
| 2 | | (g) Trade secrets and commercial or financial | 3 | | information obtained from
a person or business where the | 4 | | trade secrets or commercial or financial information are | 5 | | furnished under a claim that they are
proprietary, | 6 | | privileged, or confidential, and that disclosure of the | 7 | | trade
secrets or commercial or financial information would | 8 | | cause competitive harm to the person or business, and only | 9 | | insofar as the claim directly applies to the records | 10 | | requested. | 11 | | The information included under this exemption includes | 12 | | all trade secrets and commercial or financial information | 13 | | obtained by a public body, including a public pension | 14 | | fund, from a private equity fund or a privately held | 15 | | company within the investment portfolio of a private | 16 | | equity fund as a result of either investing or evaluating | 17 | | a potential investment of public funds in a private equity | 18 | | fund. The exemption contained in this item does not apply | 19 | | to the aggregate financial performance information of a | 20 | | private equity fund, nor to the identity of the fund's | 21 | | managers or general partners. The exemption contained in | 22 | | this item does not apply to the identity of a privately | 23 | | held company within the investment portfolio of a private | 24 | | equity fund, unless the disclosure of the identity of a | 25 | | privately held company may cause competitive harm. | 26 | | Nothing contained in this
paragraph (g) shall be |
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| 1 | | construed to prevent a person or business from
consenting | 2 | | to disclosure.
| 3 | | (h) Proposals and bids for any contract, grant, or | 4 | | agreement, including
information which if it were | 5 | | disclosed would frustrate procurement or give
an advantage | 6 | | to any person proposing to enter into a contractor | 7 | | agreement
with the body, until an award or final selection | 8 | | is made. Information
prepared by or for the body in | 9 | | preparation of a bid solicitation shall be
exempt until an | 10 | | award or final selection is made.
| 11 | | (i) Valuable formulae,
computer geographic systems,
| 12 | | designs, drawings , and research data obtained or
produced | 13 | | by any public body when disclosure could reasonably be | 14 | | expected to
produce private gain or public loss.
The | 15 | | exemption for "computer geographic systems" provided in | 16 | | this paragraph
(i) does not extend to requests made by | 17 | | news media as defined in Section 2 of
this Act when the | 18 | | requested information is not otherwise exempt and the only
| 19 | | purpose of the request is to access and disseminate | 20 | | information regarding the
health, safety, welfare, or | 21 | | legal rights of the general public.
| 22 | | (j) The following information pertaining to | 23 | | educational matters: | 24 | | (i) test questions, scoring keys, and other | 25 | | examination data used to
administer an academic | 26 | | examination;
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| 1 | | (ii) information received by a primary or | 2 | | secondary school, college, or university under its | 3 | | procedures for the evaluation of faculty members by | 4 | | their academic peers; | 5 | | (iii) information concerning a school or | 6 | | university's adjudication of student disciplinary | 7 | | cases, but only to the extent that disclosure would | 8 | | unavoidably reveal the identity of the student; and | 9 | | (iv) course materials or research materials used | 10 | | by faculty members. | 11 | | (k) Architects' plans, engineers' technical | 12 | | submissions, and
other
construction related technical | 13 | | documents for
projects not constructed or developed in | 14 | | whole or in part with public funds
and the same for | 15 | | projects constructed or developed with public funds, | 16 | | including, but not limited to, power generating and | 17 | | distribution stations and other transmission and | 18 | | distribution facilities, water treatment facilities, | 19 | | airport facilities, sport stadiums, convention centers, | 20 | | and all government owned, operated, or occupied buildings, | 21 | | but
only to the extent
that disclosure would compromise | 22 | | security.
| 23 | | (l) Minutes of meetings of public bodies closed to the
| 24 | | public as provided in the Open Meetings Act until the | 25 | | public body
makes the minutes available to the public | 26 | | under Section 2.06 of the Open
Meetings Act.
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| 1 | | (m) Communications between a public body and an | 2 | | attorney or auditor
representing the public body that | 3 | | would not be subject to discovery in
litigation, and | 4 | | materials prepared or compiled by or for a public body in
| 5 | | anticipation of a criminal, civil, or administrative | 6 | | proceeding upon the
request of an attorney advising the | 7 | | public body, and materials prepared or
compiled with | 8 | | respect to internal audits of public bodies.
| 9 | | (n) Records relating to a public body's adjudication | 10 | | of employee grievances or disciplinary cases; however, | 11 | | this exemption shall not extend to the final outcome of | 12 | | cases in which discipline is imposed.
| 13 | | (o) Administrative or technical information associated | 14 | | with automated
data processing operations, including, but | 15 | | not limited to, software,
operating protocols, computer | 16 | | program abstracts, file layouts, source
listings, object | 17 | | modules, load modules, user guides, documentation
| 18 | | pertaining to all logical and physical design of | 19 | | computerized systems,
employee manuals, and any other | 20 | | information that, if disclosed, would
jeopardize the | 21 | | security of the system or its data or the security of
| 22 | | materials exempt under this Section.
| 23 | | (p) Records relating to collective negotiating matters
| 24 | | between public bodies and their employees or | 25 | | representatives, except that
any final contract or | 26 | | agreement shall be subject to inspection and copying.
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| 1 | | (q) Test questions, scoring keys, and other | 2 | | examination data used to determine the qualifications of | 3 | | an applicant for a license or employment.
| 4 | | (r) The records, documents, and information relating | 5 | | to real estate
purchase negotiations until those | 6 | | negotiations have been completed or
otherwise terminated. | 7 | | With regard to a parcel involved in a pending or
actually | 8 | | and reasonably contemplated eminent domain proceeding | 9 | | under the Eminent Domain Act, records, documents, and
| 10 | | information relating to that parcel shall be exempt except | 11 | | as may be
allowed under discovery rules adopted by the | 12 | | Illinois Supreme Court. The
records, documents, and | 13 | | information relating to a real estate sale shall be
exempt | 14 | | until a sale is consummated.
| 15 | | (s) Any and all proprietary information and records | 16 | | related to the
operation of an intergovernmental risk | 17 | | management association or
self-insurance pool or jointly | 18 | | self-administered health and accident
cooperative or pool.
| 19 | | Insurance or self-insurance self insurance (including any | 20 | | intergovernmental risk management association or | 21 | | self-insurance self insurance pool) claims, loss or risk | 22 | | management information, records, data, advice , or | 23 | | communications.
| 24 | | (t) Information contained in or related to | 25 | | examination, operating, or
condition reports prepared by, | 26 | | on behalf of, or for the use of a public
body responsible |
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| 1 | | for the regulation or supervision of financial
| 2 | | institutions, insurance companies, or pharmacy benefit | 3 | | managers, unless disclosure is otherwise
required by State | 4 | | law.
| 5 | | (u) Information that would disclose
or might lead to | 6 | | the disclosure of
secret or confidential information, | 7 | | codes, algorithms, programs, or private
keys intended to | 8 | | be used to create electronic signatures under the Uniform | 9 | | Electronic Transactions Act.
| 10 | | (v) Vulnerability assessments, security measures, and | 11 | | response policies
or plans that are designed to identify, | 12 | | prevent, or respond to potential
attacks upon a | 13 | | community's population or systems, facilities, or | 14 | | installations, but only to the extent that
disclosure | 15 | | could reasonably be expected to expose the vulnerability | 16 | | or jeopardize the effectiveness of the
measures, policies, | 17 | | or plans, or the safety of the personnel who implement | 18 | | them or the public.
Information exempt under this item may | 19 | | include such things as details
pertaining to the | 20 | | mobilization or deployment of personnel or equipment, to | 21 | | the
operation of communication systems or protocols, to | 22 | | cybersecurity vulnerabilities, or to tactical operations.
| 23 | | (w) (Blank). | 24 | | (x) Maps and other records regarding the location or | 25 | | security of generation, transmission, distribution, | 26 | | storage, gathering,
treatment, or switching facilities |
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| 1 | | owned by a utility, by a power generator, or by the | 2 | | Illinois Power Agency.
| 3 | | (y) Information contained in or related to proposals, | 4 | | bids, or negotiations related to electric power | 5 | | procurement under Section 1-75 of the Illinois Power | 6 | | Agency Act and Section 16-111.5 of the Public Utilities | 7 | | Act that is determined to be confidential and proprietary | 8 | | by the Illinois Power Agency or by the Illinois Commerce | 9 | | Commission.
| 10 | | (z) Information about students exempted from | 11 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 12 | | the School Code, and information about undergraduate | 13 | | students enrolled at an institution of higher education | 14 | | exempted from disclosure under Section 25 of the Illinois | 15 | | Credit Card Marketing Act of 2009. | 16 | | (aa) Information the disclosure of which is
exempted | 17 | | under the Viatical Settlements Act of 2009.
| 18 | | (bb) Records and information provided to a mortality | 19 | | review team and records maintained by a mortality review | 20 | | team appointed under the Department of Juvenile Justice | 21 | | Mortality Review Team Act. | 22 | | (cc) Information regarding interments, entombments, or | 23 | | inurnments of human remains that are submitted to the | 24 | | Cemetery Oversight Database under the Cemetery Care Act or | 25 | | the Cemetery Oversight Act, whichever is applicable. | 26 | | (dd) Correspondence and records (i) that may not be |
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| 1 | | disclosed under Section 11-9 of the Illinois Public Aid | 2 | | Code or (ii) that pertain to appeals under Section 11-8 of | 3 | | the Illinois Public Aid Code. | 4 | | (ee) The names, addresses, or other personal | 5 | | information of persons who are minors and are also | 6 | | participants and registrants in programs of park | 7 | | districts, forest preserve districts, conservation | 8 | | districts, recreation agencies, and special recreation | 9 | | associations. | 10 | | (ff) The names, addresses, or other personal | 11 | | information of participants and registrants in programs of | 12 | | park districts, forest preserve districts, conservation | 13 | | districts, recreation agencies, and special recreation | 14 | | associations where such programs are targeted primarily to | 15 | | minors. | 16 | | (gg) Confidential information described in Section | 17 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 18 | | 2012. | 19 | | (hh) The report submitted to the State Board of | 20 | | Education by the School Security and Standards Task Force | 21 | | under item (8) of subsection (d) of Section 2-3.160 of the | 22 | | School Code and any information contained in that report. | 23 | | (ii) Records requested by persons committed to or | 24 | | detained by the Department of Human Services under the | 25 | | Sexually Violent Persons Commitment Act or committed to | 26 | | the Department of Corrections under the Sexually Dangerous |
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| 1 | | Persons Act if those materials: (i) are available in the | 2 | | library of the facility where the individual is confined; | 3 | | (ii) include records from staff members' personnel files, | 4 | | staff rosters, or other staffing assignment information; | 5 | | or (iii) are available through an administrative request | 6 | | to the Department of Human Services or the Department of | 7 | | Corrections. | 8 | | (jj) Confidential information described in Section | 9 | | 5-535 of the Civil Administrative Code of Illinois. | 10 | | (kk) The public body's credit card numbers, debit card | 11 | | numbers, bank account numbers, Federal Employer | 12 | | Identification Number, security code numbers, passwords, | 13 | | and similar account information, the disclosure of which | 14 | | could result in identity theft or impression or defrauding | 15 | | of a governmental entity or a person. | 16 | | (ll) Records concerning the work of the threat | 17 | | assessment team of a school district, including, but not | 18 | | limited to, any threat assessment procedure under the | 19 | | School Safety Drill Act and any information contained in | 20 | | the procedure. | 21 | | (mm) Information prohibited from being disclosed under | 22 | | subsections (a) and (b) of Section 15 of the Student | 23 | | Confidential Reporting Act. | 24 | | (nn) (mm) Proprietary information submitted to the
| 25 | | Environmental Protection Agency under the Drug Take-Back
| 26 | | Act. |
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| 1 | | (oo) (mm) Records described in subsection (f) of | 2 | | Section 3-5-1 of the Unified Code of Corrections. | 3 | | (1.5) Any information exempt from disclosure under the | 4 | | Judicial Privacy Act shall be redacted from public records | 5 | | prior to disclosure under this Act. | 6 | | (2) A public record that is not in the possession of a | 7 | | public body but is in the possession of a party with whom the | 8 | | agency has contracted to perform a governmental function on | 9 | | behalf of the public body, and that directly relates to the | 10 | | governmental function and is not otherwise exempt under this | 11 | | Act, shall be considered a public record of the public body, | 12 | | for purposes of this Act. | 13 | | (3) This Section does not authorize withholding of | 14 | | information or limit the
availability of records to the | 15 | | public, except as stated in this Section or
otherwise provided | 16 | | in this Act.
| 17 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 18 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 19 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 20 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 21 | | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | 22 | | 12-13-22.) | 23 | | (Text of Section after amendment by P.A. 102-982 )
| 24 | | Sec. 7. Exemptions.
| 25 | | (1) When a request is made to inspect or copy a public |
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| 1 | | record that contains information that is exempt from | 2 | | disclosure under this Section, but also contains information | 3 | | that is not exempt from disclosure, the public body may elect | 4 | | to redact the information that is exempt. The public body | 5 | | shall make the remaining information available for inspection | 6 | | and copying. Subject to this requirement, the following shall | 7 | | be exempt from inspection and copying:
| 8 | | (a) Information specifically prohibited from | 9 | | disclosure by federal or
State law or rules and | 10 | | regulations implementing federal or State law.
| 11 | | (b) Private information, unless disclosure is required | 12 | | by another provision of this Act, a State or federal law, | 13 | | or a court order. | 14 | | (b-5) Files, documents, and other data or databases | 15 | | maintained by one or more law enforcement agencies and | 16 | | specifically designed to provide information to one or | 17 | | more law enforcement agencies regarding the physical or | 18 | | mental status of one or more individual subjects. | 19 | | (c) Personal information contained within public | 20 | | records, the disclosure of which would constitute a | 21 | | clearly
unwarranted invasion of personal privacy, unless | 22 | | the disclosure is
consented to in writing by the | 23 | | individual subjects of the information. "Unwarranted | 24 | | invasion of personal privacy" means the disclosure of | 25 | | information that is highly personal or objectionable to a | 26 | | reasonable person and in which the subject's right to |
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| 1 | | privacy outweighs any legitimate public interest in | 2 | | obtaining the information. The
disclosure of information | 3 | | that bears on the public duties of public
employees and | 4 | | officials shall not be considered an invasion of personal
| 5 | | privacy.
| 6 | | (d) Records in the possession of any public body | 7 | | created in the course of administrative enforcement
| 8 | | proceedings, and any law enforcement or correctional | 9 | | agency for
law enforcement purposes,
but only to the | 10 | | extent that disclosure would:
| 11 | | (i) interfere with pending or actually and | 12 | | reasonably contemplated
law enforcement proceedings | 13 | | conducted by any law enforcement or correctional
| 14 | | agency that is the recipient of the request;
| 15 | | (ii) interfere with active administrative | 16 | | enforcement proceedings
conducted by the public body | 17 | | that is the recipient of the request;
| 18 | | (iii) create a substantial likelihood that a | 19 | | person will be deprived of a fair trial or an impartial | 20 | | hearing;
| 21 | | (iv) unavoidably disclose the identity of a | 22 | | confidential source, confidential information | 23 | | furnished only by the confidential source, or persons | 24 | | who file complaints with or provide information to | 25 | | administrative, investigative, law enforcement, or | 26 | | penal agencies; except that the identities of |
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| 1 | | witnesses to traffic crashes, traffic crash reports, | 2 | | and rescue reports shall be provided by agencies of | 3 | | local government, except when disclosure would | 4 | | interfere with an active criminal investigation | 5 | | conducted by the agency that is the recipient of the | 6 | | request;
| 7 | | (v) disclose unique or specialized investigative | 8 | | techniques other than
those generally used and known | 9 | | or disclose internal documents of
correctional | 10 | | agencies related to detection, observation , or | 11 | | investigation of
incidents of crime or misconduct, and | 12 | | disclosure would result in demonstrable harm to the | 13 | | agency or public body that is the recipient of the | 14 | | request;
| 15 | | (vi) endanger the life or physical safety of law | 16 | | enforcement personnel
or any other person; or
| 17 | | (vii) obstruct an ongoing criminal investigation | 18 | | by the agency that is the recipient of the request.
| 19 | | (d-5) A law enforcement record created for law | 20 | | enforcement purposes and contained in a shared electronic | 21 | | record management system if the law enforcement agency | 22 | | that is the recipient of the request did not create the | 23 | | record, did not participate in or have a role in any of the | 24 | | events which are the subject of the record, and only has | 25 | | access to the record through the shared electronic record | 26 | | management system. |
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| 1 | | (d-6) Records contained in the Officer Professional | 2 | | Conduct Database under Section 9.2 of the Illinois Police | 3 | | Training Act, except to the extent authorized under that | 4 | | Section. This includes the documents supplied to the | 5 | | Illinois Law Enforcement Training Standards Board from the | 6 | | Illinois State Police and Illinois State Police Merit | 7 | | Board. | 8 | | (d-7) Information that is gathered or created from the | 9 | | use of automated license plate readers and that is exempt | 10 | | from disclosure under Section 2-130 of the Illinois | 11 | | Vehicle Code. | 12 | | (e) Records that relate to or affect the security of | 13 | | correctional
institutions and detention facilities.
| 14 | | (e-5) Records requested by persons committed to the | 15 | | Department of Corrections, Department of Human Services | 16 | | Division of Mental Health, or a county jail if those | 17 | | materials are available in the library of the correctional | 18 | | institution or facility or jail where the inmate is | 19 | | confined. | 20 | | (e-6) Records requested by persons committed to the | 21 | | Department of Corrections, Department of Human Services | 22 | | Division of Mental Health, or a county jail if those | 23 | | materials include records from staff members' personnel | 24 | | files, staff rosters, or other staffing assignment | 25 | | information. | 26 | | (e-7) Records requested by persons committed to the |
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| 1 | | Department of Corrections or Department of Human Services | 2 | | Division of Mental Health if those materials are available | 3 | | through an administrative request to the Department of | 4 | | Corrections or Department of Human Services Division of | 5 | | Mental Health. | 6 | | (e-8) Records requested by a person committed to the | 7 | | Department of Corrections, Department of Human Services | 8 | | Division of Mental Health, or a county jail, the | 9 | | disclosure of which would result in the risk of harm to any | 10 | | person or the risk of an escape from a jail or correctional | 11 | | institution or facility. | 12 | | (e-9) Records requested by a person in a county jail | 13 | | or committed to the Department of Corrections or | 14 | | Department of Human Services Division of Mental Health, | 15 | | containing personal information pertaining to the person's | 16 | | victim or the victim's family, including, but not limited | 17 | | to, a victim's home address, home telephone number, work | 18 | | or school address, work telephone number, social security | 19 | | number, or any other identifying information, except as | 20 | | may be relevant to a requester's current or potential case | 21 | | or claim. | 22 | | (e-10) Law enforcement records of other persons | 23 | | requested by a person committed to the Department of | 24 | | Corrections, Department of Human Services Division of | 25 | | Mental Health, or a county jail, including, but not | 26 | | limited to, arrest and booking records, mug shots, and |
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| 1 | | crime scene photographs, except as these records may be | 2 | | relevant to the requester's current or potential case or | 3 | | claim. | 4 | | (f) Preliminary drafts, notes, recommendations, | 5 | | memoranda, and other
records in which opinions are | 6 | | expressed, or policies or actions are
formulated, except | 7 | | that a specific record or relevant portion of a
record | 8 | | shall not be exempt when the record is publicly cited
and | 9 | | identified by the head of the public body. The exemption | 10 | | provided in
this paragraph (f) extends to all those | 11 | | records of officers and agencies
of the General Assembly | 12 | | that pertain to the preparation of legislative
documents.
| 13 | | (g) Trade secrets and commercial or financial | 14 | | information obtained from
a person or business where the | 15 | | trade secrets or commercial or financial information are | 16 | | furnished under a claim that they are
proprietary, | 17 | | privileged, or confidential, and that disclosure of the | 18 | | trade
secrets or commercial or financial information would | 19 | | cause competitive harm to the person or business, and only | 20 | | insofar as the claim directly applies to the records | 21 | | requested. | 22 | | The information included under this exemption includes | 23 | | all trade secrets and commercial or financial information | 24 | | obtained by a public body, including a public pension | 25 | | fund, from a private equity fund or a privately held | 26 | | company within the investment portfolio of a private |
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| 1 | | equity fund as a result of either investing or evaluating | 2 | | a potential investment of public funds in a private equity | 3 | | fund. The exemption contained in this item does not apply | 4 | | to the aggregate financial performance information of a | 5 | | private equity fund, nor to the identity of the fund's | 6 | | managers or general partners. The exemption contained in | 7 | | this item does not apply to the identity of a privately | 8 | | held company within the investment portfolio of a private | 9 | | equity fund, unless the disclosure of the identity of a | 10 | | privately held company may cause competitive harm. | 11 | | Nothing contained in this
paragraph (g) shall be | 12 | | construed to prevent a person or business from
consenting | 13 | | to disclosure.
| 14 | | (h) Proposals and bids for any contract, grant, or | 15 | | agreement, including
information which if it were | 16 | | disclosed would frustrate procurement or give
an advantage | 17 | | to any person proposing to enter into a contractor | 18 | | agreement
with the body, until an award or final selection | 19 | | is made. Information
prepared by or for the body in | 20 | | preparation of a bid solicitation shall be
exempt until an | 21 | | award or final selection is made.
| 22 | | (i) Valuable formulae,
computer geographic systems,
| 23 | | designs, drawings , and research data obtained or
produced | 24 | | by any public body when disclosure could reasonably be | 25 | | expected to
produce private gain or public loss.
The | 26 | | exemption for "computer geographic systems" provided in |
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| 1 | | this paragraph
(i) does not extend to requests made by | 2 | | news media as defined in Section 2 of
this Act when the | 3 | | requested information is not otherwise exempt and the only
| 4 | | purpose of the request is to access and disseminate | 5 | | information regarding the
health, safety, welfare, or | 6 | | legal rights of the general public.
| 7 | | (j) The following information pertaining to | 8 | | educational matters: | 9 | | (i) test questions, scoring keys, and other | 10 | | examination data used to
administer an academic | 11 | | examination;
| 12 | | (ii) information received by a primary or | 13 | | secondary school, college, or university under its | 14 | | procedures for the evaluation of faculty members by | 15 | | their academic peers; | 16 | | (iii) information concerning a school or | 17 | | university's adjudication of student disciplinary | 18 | | cases, but only to the extent that disclosure would | 19 | | unavoidably reveal the identity of the student; and | 20 | | (iv) course materials or research materials used | 21 | | by faculty members. | 22 | | (k) Architects' plans, engineers' technical | 23 | | submissions, and
other
construction related technical | 24 | | documents for
projects not constructed or developed in | 25 | | whole or in part with public funds
and the same for | 26 | | projects constructed or developed with public funds, |
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| 1 | | including, but not limited to, power generating and | 2 | | distribution stations and other transmission and | 3 | | distribution facilities, water treatment facilities, | 4 | | airport facilities, sport stadiums, convention centers, | 5 | | and all government owned, operated, or occupied buildings, | 6 | | but
only to the extent
that disclosure would compromise | 7 | | security.
| 8 | | (l) Minutes of meetings of public bodies closed to the
| 9 | | public as provided in the Open Meetings Act until the | 10 | | public body
makes the minutes available to the public | 11 | | under Section 2.06 of the Open
Meetings Act.
| 12 | | (m) Communications between a public body and an | 13 | | attorney or auditor
representing the public body that | 14 | | would not be subject to discovery in
litigation, and | 15 | | materials prepared or compiled by or for a public body in
| 16 | | anticipation of a criminal, civil, or administrative | 17 | | proceeding upon the
request of an attorney advising the | 18 | | public body, and materials prepared or
compiled with | 19 | | respect to internal audits of public bodies.
| 20 | | (n) Records relating to a public body's adjudication | 21 | | of employee grievances or disciplinary cases; however, | 22 | | this exemption shall not extend to the final outcome of | 23 | | cases in which discipline is imposed.
| 24 | | (o) Administrative or technical information associated | 25 | | with automated
data processing operations, including, but | 26 | | not limited to, software,
operating protocols, computer |
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| 1 | | program abstracts, file layouts, source
listings, object | 2 | | modules, load modules, user guides, documentation
| 3 | | pertaining to all logical and physical design of | 4 | | computerized systems,
employee manuals, and any other | 5 | | information that, if disclosed, would
jeopardize the | 6 | | security of the system or its data or the security of
| 7 | | materials exempt under this Section.
| 8 | | (p) Records relating to collective negotiating matters
| 9 | | between public bodies and their employees or | 10 | | representatives, except that
any final contract or | 11 | | agreement shall be subject to inspection and copying.
| 12 | | (q) Test questions, scoring keys, and other | 13 | | examination data used to determine the qualifications of | 14 | | an applicant for a license or employment.
| 15 | | (r) The records, documents, and information relating | 16 | | to real estate
purchase negotiations until those | 17 | | negotiations have been completed or
otherwise terminated. | 18 | | With regard to a parcel involved in a pending or
actually | 19 | | and reasonably contemplated eminent domain proceeding | 20 | | under the Eminent Domain Act, records, documents, and
| 21 | | information relating to that parcel shall be exempt except | 22 | | as may be
allowed under discovery rules adopted by the | 23 | | Illinois Supreme Court. The
records, documents, and | 24 | | information relating to a real estate sale shall be
exempt | 25 | | until a sale is consummated.
| 26 | | (s) Any and all proprietary information and records |
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| 1 | | related to the
operation of an intergovernmental risk | 2 | | management association or
self-insurance pool or jointly | 3 | | self-administered health and accident
cooperative or pool.
| 4 | | Insurance or self-insurance self insurance (including any | 5 | | intergovernmental risk management association or | 6 | | self-insurance self insurance pool) claims, loss or risk | 7 | | management information, records, data, advice , or | 8 | | communications.
| 9 | | (t) Information contained in or related to | 10 | | examination, operating, or
condition reports prepared by, | 11 | | on behalf of, or for the use of a public
body responsible | 12 | | for the regulation or supervision of financial
| 13 | | institutions, insurance companies, or pharmacy benefit | 14 | | managers, unless disclosure is otherwise
required by State | 15 | | law.
| 16 | | (u) Information that would disclose
or might lead to | 17 | | the disclosure of
secret or confidential information, | 18 | | codes, algorithms, programs, or private
keys intended to | 19 | | be used to create electronic signatures under the Uniform | 20 | | Electronic Transactions Act.
| 21 | | (v) Vulnerability assessments, security measures, and | 22 | | response policies
or plans that are designed to identify, | 23 | | prevent, or respond to potential
attacks upon a | 24 | | community's population or systems, facilities, or | 25 | | installations, but only to the extent that
disclosure | 26 | | could reasonably be expected to expose the vulnerability |
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| 1 | | or jeopardize the effectiveness of the
measures, policies, | 2 | | or plans, or the safety of the personnel who implement | 3 | | them or the public.
Information exempt under this item may | 4 | | include such things as details
pertaining to the | 5 | | mobilization or deployment of personnel or equipment, to | 6 | | the
operation of communication systems or protocols, to | 7 | | cybersecurity vulnerabilities, or to tactical operations.
| 8 | | (w) (Blank). | 9 | | (x) Maps and other records regarding the location or | 10 | | security of generation, transmission, distribution, | 11 | | storage, gathering,
treatment, or switching facilities | 12 | | owned by a utility, by a power generator, or by the | 13 | | Illinois Power Agency.
| 14 | | (y) Information contained in or related to proposals, | 15 | | bids, or negotiations related to electric power | 16 | | procurement under Section 1-75 of the Illinois Power | 17 | | Agency Act and Section 16-111.5 of the Public Utilities | 18 | | Act that is determined to be confidential and proprietary | 19 | | by the Illinois Power Agency or by the Illinois Commerce | 20 | | Commission.
| 21 | | (z) Information about students exempted from | 22 | | disclosure under Section Sections 10-20.38 or 34-18.29 of | 23 | | the School Code, and information about undergraduate | 24 | | students enrolled at an institution of higher education | 25 | | exempted from disclosure under Section 25 of the Illinois | 26 | | Credit Card Marketing Act of 2009. |
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| 1 | | (aa) Information the disclosure of which is
exempted | 2 | | under the Viatical Settlements Act of 2009.
| 3 | | (bb) Records and information provided to a mortality | 4 | | review team and records maintained by a mortality review | 5 | | team appointed under the Department of Juvenile Justice | 6 | | Mortality Review Team Act. | 7 | | (cc) Information regarding interments, entombments, or | 8 | | inurnments of human remains that are submitted to the | 9 | | Cemetery Oversight Database under the Cemetery Care Act or | 10 | | the Cemetery Oversight Act, whichever is applicable. | 11 | | (dd) Correspondence and records (i) that may not be | 12 | | disclosed under Section 11-9 of the Illinois Public Aid | 13 | | Code or (ii) that pertain to appeals under Section 11-8 of | 14 | | the Illinois Public Aid Code. | 15 | | (ee) The names, addresses, or other personal | 16 | | information of persons who are minors and are also | 17 | | participants and registrants in programs of park | 18 | | districts, forest preserve districts, conservation | 19 | | districts, recreation agencies, and special recreation | 20 | | associations. | 21 | | (ff) The names, addresses, or other personal | 22 | | information of participants and registrants in programs of | 23 | | park districts, forest preserve districts, conservation | 24 | | districts, recreation agencies, and special recreation | 25 | | associations where such programs are targeted primarily to | 26 | | minors. |
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| 1 | | (gg) Confidential information described in Section | 2 | | 1-100 of the Illinois Independent Tax Tribunal Act of | 3 | | 2012. | 4 | | (hh) The report submitted to the State Board of | 5 | | Education by the School Security and Standards Task Force | 6 | | under item (8) of subsection (d) of Section 2-3.160 of the | 7 | | School Code and any information contained in that report. | 8 | | (ii) Records requested by persons committed to or | 9 | | detained by the Department of Human Services under the | 10 | | Sexually Violent Persons Commitment Act or committed to | 11 | | the Department of Corrections under the Sexually Dangerous | 12 | | Persons Act if those materials: (i) are available in the | 13 | | library of the facility where the individual is confined; | 14 | | (ii) include records from staff members' personnel files, | 15 | | staff rosters, or other staffing assignment information; | 16 | | or (iii) are available through an administrative request | 17 | | to the Department of Human Services or the Department of | 18 | | Corrections. | 19 | | (jj) Confidential information described in Section | 20 | | 5-535 of the Civil Administrative Code of Illinois. | 21 | | (kk) The public body's credit card numbers, debit card | 22 | | numbers, bank account numbers, Federal Employer | 23 | | Identification Number, security code numbers, passwords, | 24 | | and similar account information, the disclosure of which | 25 | | could result in identity theft or impression or defrauding | 26 | | of a governmental entity or a person. |
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| 1 | | (ll) Records concerning the work of the threat | 2 | | assessment team of a school district, including, but not | 3 | | limited to, any threat assessment procedure under the | 4 | | School Safety Drill Act and any information contained in | 5 | | the procedure. | 6 | | (mm) Information prohibited from being disclosed under | 7 | | subsections (a) and (b) of Section 15 of the Student | 8 | | Confidential Reporting Act. | 9 | | (nn) (mm) Proprietary information submitted to the
| 10 | | Environmental Protection Agency under the Drug Take-Back
| 11 | | Act. | 12 | | (oo) (mm) Records described in subsection (f) of | 13 | | Section 3-5-1 of the Unified Code of Corrections. | 14 | | (1.5) Any information exempt from disclosure under the | 15 | | Judicial Privacy Act shall be redacted from public records | 16 | | prior to disclosure under this Act. | 17 | | (2) A public record that is not in the possession of a | 18 | | public body but is in the possession of a party with whom the | 19 | | agency has contracted to perform a governmental function on | 20 | | behalf of the public body, and that directly relates to the | 21 | | governmental function and is not otherwise exempt under this | 22 | | Act, shall be considered a public record of the public body, | 23 | | for purposes of this Act. | 24 | | (3) This Section does not authorize withholding of | 25 | | information or limit the
availability of records to the | 26 | | public, except as stated in this Section or
otherwise provided |
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| 1 | | in this Act.
| 2 | | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | 3 | | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | 4 | | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | 5 | | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | 6 | | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | 7 | | 6-10-22; revised 12-13-22.) | 8 | | Section 10. The Illinois Vehicle Code is amended by adding | 9 | | Section 2-130 as follows: | 10 | | (625 ILCS 5/2-130 new) | 11 | | Sec. 2-130. User of automated license plate readers; | 12 | | prohibitions. | 13 | | (a) In this Section: | 14 | | "Automated license plate reader" or "ALPR" means an | 15 | | electronic device that is mounted on a law enforcement vehicle | 16 | | or positioned in a stationary location and that is capable of | 17 | | recording data on or taking a photograph of a vehicle or its | 18 | | license plate and comparing the collected data and photographs | 19 | | to existing law enforcement databases for investigative | 20 | | purposes. "Automated license plate reader" or "ALPR" includes | 21 | | a device that is owned or operated by a person who is not a | 22 | | government entity to the extent that data collected by the | 23 | | reader is shared with a law enforcement agency. | 24 | | "Facial recognition technology" means the capture of any |
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| 1 | | image of a person's face or facial features and the subsequent | 2 | | use of technology to compare the face or facial features to any | 3 | | database for the purposes of identity proofing or | 4 | | identification. | 5 | | (b) An ALPR user shall not sell ALPR information under any | 6 | | circumstances, unless the sale of the data is made directly to | 7 | | law enforcement or a law enforcement entity and in accordance | 8 | | with the requirements of subsection (d). | 9 | | (c) An ALPR user shall not share or transfer ALPR | 10 | | information, except to a local law enforcement agency, a law | 11 | | enforcement agency of this State, the federal government, an | 12 | | organization established to detect or prevent insurance crime | 13 | | or fraud, such as those recognized under subsection (2) of | 14 | | Section 155.23 of the Illinois Insurance Code, or a state | 15 | | other than Illinois in compliance with subsection (d). | 16 | | (d) An ALPR user shall not share or transfer ALPR | 17 | | information to any state for the purpose of investigating or | 18 | | enforcing a law that: | 19 | | (1) denies or interferes with a person's right to | 20 | | choose or obtain reproductive health care services or any | 21 | | lawful health care services as defined by the Lawful | 22 | | Health Care Activity Act; or | 23 | | (2) permits the detention or investigation of a person | 24 | | based on the person's immigration status. | 25 | | (e) Any law enforcement agency, including an out-of-state | 26 | | law enforcement agency, that uses ALPR systems shall require |
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| 1 | | other out-of-state law enforcement agencies to acknowledge | 2 | | that any shared ALPR images or data generated in the State will | 3 | | not be used in a manner that violates subsection (d) by | 4 | | executing a written declaration before using that data. | 5 | | (f) An Illinois law enforcement agency may retain ALPR | 6 | | system detections for 3 years after the date of the creation of | 7 | | the record. The detection will be archived 90 days after the | 8 | | creation of the record unless the information is relevant to | 9 | | an ongoing investigation or pending criminal trial and shall | 10 | | be accessed only for use in a felony criminal investigation or | 11 | | an investigation into police misconduct. Any records of | 12 | | detections that are older than 90 days shall be accessed only | 13 | | with the written approval of the law enforcement agency head | 14 | | or their designee. All records of detections archived after 90 | 15 | | days will not be searchable by out-of-state agencies. All | 16 | | records of detections must be destroyed 3 years after the | 17 | | record was created unless the information is relevant to an | 18 | | ongoing investigation or pending criminal trial. The Illinois | 19 | | State Police shall retain ALPR detections for a period of time | 20 | | that is consistent with the provisions of the Expressway | 21 | | Camera Act and the State Records Act. | 22 | | (g) ALPR information shall be held confidentially to the | 23 | | fullest extent permitted by law, and an ALPR user shall not | 24 | | sell, share, or transfer ALPR information for any commercial | 25 | | purpose and shall not disclose ALPR information to any entity | 26 | | for the purposes of public disclosure. |
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| 1 | | (h) An ALPR shall not use facial recognition technology.
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.".
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