Illinois General Assembly - Full Text of HB5271
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Full Text of HB5271  101st General Assembly

HB5271 101ST GENERAL ASSEMBLY


 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5271

 

Introduced , by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Domestic Violence Act of 1986 by creating the Domestic Violence Fatality Review Team Law. Authorizes the creation of Domestic Violence Fatality Review Teams to identify and review the circumstances that led to domestic violence-related homicides and identify strategies to prevent future fatalities. Allows, for the limited purpose of domestic violence fatality reviews, the disclosure to Team members of any information deemed confidential, privileged, or prohibited from disclosure by any other Act. Provides that confidential information obtained by a Team shall remain confidential and may not be disclosed by the Team. Provides that the proceedings, records, opinions, and deliberations of a Team are privileged. Limits the liability for a Team member or a person providing information to a Team for civil damages arising out of an official act or an omission during the gathering or processing of information by a Team, except for acts or omissions that constitute willful or wanton misconduct or acts performed outside the scope of the authority of the Team. Provides that the Office of the Attorney General shall convene a statewide Domestic Violence Fatality Review Advisory Council to advise regarding the development and implementation of Domestic Violence Fatality Review Teams and study the feasibility of an electronic database of orders of protection issued in the State. Requires the Office of the Attorney General and the Advisory Council to issue a biennial statewide report on Domestic Violence Fatality Review Teams. Makes other changes. Amends the Freedom of Information Act. Exempts information gathered by a Domestic Violence Fatality Review Team from the requirements of the Act.


LRB101 19255 LNS 68719 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5271LRB101 19255 LNS 68719 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by adding Article V as follows:
 
6    (750 ILCS 60/Art. V heading new)
7
ARTICLE V
8
FATALITY REVIEW TEAMS

 
9    (750 ILCS 60/501 new)
10    Sec. 501. Short title. This Article may be cited as the
11Domestic Violence Fatality Review Team Law.
 
12    (750 ILCS 60/505 new)
13    Sec. 505. Purpose. The purpose of this Article is to allow
14the creation of teams to identify and review the circumstances
15that led to domestic violence-related homicides and identify
16strategies to prevent future fatalities.
 
17    (750 ILCS 60/510 new)
18    Sec. 510. Domestic Violence Fatality Review Teams.
19    (a) A county or group of counties or a municipality may
20establish a Domestic Violence Fatality Review Team. The Team

 

 

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1shall identify intimate partner violence-related homicides,
2review the circumstances that led to those deaths, and identify
3strategies to prevent future fatalities. For the purposes of
4this Article, "intimate partners" include: (i) spouses or
5former spouses; (ii) persons who have or allegedly have a child
6in common; and (iii) persons who have or had a dating or
7engagement relationship.
8    (b) Teams may determine which intimate partner
9violence-related homicides to review, but may not review cases
10under investigation by law enforcement or while an action is
11pending in criminal or civil court.
12    (c) Teams may be comprised of members who serve on an
13ongoing basis and members who serve on a case-specific basis.
14    (d) Teams shall include, but are not limited to,
15representatives from the following:
16        (1) coroners or medical examiners;
17        (2) judges and courts;
18        (3) the investigating law enforcement agency;
19        (4) prosecutors;
20        (5) a local domestic violence agency;
21        (6) health care professionals or emergency response
22    personnel; and
23        (7) child welfare representatives.
24    (e) Teams may also include, but are not limited to, the
25following:
26        (1) mental health treatment providers;

 

 

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1        (2) corrections and domestic partner abuse
2    intervention providers;
3        (3) representatives from domestic violence programs;
4        (4) representatives from an area institution of higher
5    education;
6        (5) city council members;
7        (6) survivors of domestic violence;
8        (7) county commissioners;
9        (8) local members of the clergy; and
10        (9) a family member of a decedent whose death resulted
11    from domestic abuse.
12    (f) Teams shall have access to all appropriate information
13and records in possession of public and private agencies that
14are relevant to the review of a domestic violence fatality.
15This access includes, but is not limited to, access to victim
16and perpetrator medical, dental, and mental health records,
17pathologist reports, coroner and medical examiner records,
18direct service records, records of law enforcement agencies,
19records from the Department of Corrections and parole and
20probation departments, reports from states and governments,
21court records and information, and employment records. For the
22limited purpose of domestic violence fatality reviews, this
23subsection permits the disclosure to Team members of any
24information deemed confidential, privileged, or prohibited
25from disclosure by any other Act. Release of confidential
26communication between domestic violence advocates and a

 

 

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1domestic violence victim shall follow subsection (d) of Section
2227, which allows for the waiver of privilege afforded to
3guardians or executors or administrators of the estate of the
4domestic violence victim.
 
5    (750 ILCS 60/515 new)
6    Sec. 515. Information; confidentiality. Meetings of
7Domestic Violence Fatality Review Teams shall be closed to the
8public and not subject to the Open Meetings Act. Confidential
9information obtained by a Team shall remain confidential and
10may not be disclosed by the Team. The proceedings, records,
11opinions, and deliberations of a Team are privileged and are
12not subject to discovery, subpoena, the Freedom of Information
13Act, or introduction into evidence in any civil action in any
14manner that would directly or indirectly identify specific
15persons or cases reviewed by the Team. Release of confidential
16communications between domestic violence advocates and a
17domestic violence victim shall follow the provisions of
18subsection (d) of Section 227, which allows for the waiver of
19privilege afforded to guardians or executors or administrators
20of the estate of the domestic violence victim.
 
21    (750 ILCS 60/520 new)
22    Sec. 520. Liability. No member of a Team and no person
23providing information to a Team is liable for civil damages
24arising out of an official act or omission during the gathering

 

 

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1or processing of information by a Team, except for acts or
2omissions that constitute willful or wanton misconduct on the
3part of the member or person providing information, or acts
4performed outside the scope of the authority of the Team.
 
5    (750 ILCS 60/525 new)
6    Sec. 525. Statewide coordination.
7    (a) The Office of the Attorney General shall convene a
8statewide Domestic Violence Fatality Review Advisory Council
9including, but not limited to, representatives from the
10following professions:
11        (1) coroners or medical examiners;
12        (2) judges and courts;
13        (3) law enforcement;
14        (4) prosecutors;
15        (5) domestic violence programs and partner abuse
16    intervention programs; and
17        (6) health care.
18    The Council shall advise regarding the development and
19implementation of Domestic Violence Fatality Review Teams.
20    (b) Domestic Violence Fatality Review Teams shall report
21annually to the Office of the Attorney General for compilation.
22    (c) The Council shall also study the feasibility of an
23electronic database of orders of protection issued in this
24State, accessible only to law enforcement personnel,
25prosecutors, prosecutorial staff, judges, and court personnel.
 

 

 

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1    (750 ILCS 60/530 new)
2    Sec. 530. Report to General Assembly. A biennial statewide
3report on Domestic Violence Fatality Review Teams shall be
4issued by the Office of the Attorney General and the Advisory
5Council to the Illinois General Assembly in December of
6even-numbered years. The annual report in December of 2022
7shall contain a recommendation as to whether or not the
8domestic violence review process provided for in this Article
9should continue or be terminated.
 
10    Section 10. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
 
12    (5 ILCS 140/7.5)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation

 

 

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1    Procedures Board and any and all documents or other records
2    prepared by the Experimental Organ Transplantation
3    Procedures Board or its staff relating to applications it
4    has received.
5        (d) Information and records held by the Department of
6    Public Health and its authorized representatives relating
7    to known or suspected cases of sexually transmissible
8    disease or any information the disclosure of which is
9    restricted under the Illinois Sexually Transmissible
10    Disease Control Act.
11        (e) Information the disclosure of which is exempted
12    under Section 30 of the Radon Industry Licensing Act.
13        (f) Firm performance evaluations under Section 55 of
14    the Architectural, Engineering, and Land Surveying
15    Qualifications Based Selection Act.
16        (g) Information the disclosure of which is restricted
17    and exempted under Section 50 of the Illinois Prepaid
18    Tuition Act.
19        (h) Information the disclosure of which is exempted
20    under the State Officials and Employees Ethics Act, and
21    records of any lawfully created State or local inspector
22    general's office that would be exempt if created or
23    obtained by an Executive Inspector General's office under
24    that Act.
25        (i) Information contained in a local emergency energy
26    plan submitted to a municipality in accordance with a local

 

 

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1    emergency energy plan ordinance that is adopted under
2    Section 11-21.5-5 of the Illinois Municipal Code.
3        (j) Information and data concerning the distribution
4    of surcharge moneys collected and remitted by carriers
5    under the Emergency Telephone System Act.
6        (k) Law enforcement officer identification information
7    or driver identification information compiled by a law
8    enforcement agency or the Department of Transportation
9    under Section 11-212 of the Illinois Vehicle Code.
10        (l) Records and information provided to a residential
11    health care facility resident sexual assault and death
12    review team or the Executive Council under the Abuse
13    Prevention Review Team Act.
14        (m) Information provided to the predatory lending
15    database created pursuant to Article 3 of the Residential
16    Real Property Disclosure Act, except to the extent
17    authorized under that Article.
18        (n) Defense budgets and petitions for certification of
19    compensation and expenses for court appointed trial
20    counsel as provided under Sections 10 and 15 of the Capital
21    Crimes Litigation Act. This subsection (n) shall apply
22    until the conclusion of the trial of the case, even if the
23    prosecution chooses not to pursue the death penalty prior
24    to trial or sentencing.
25        (o) Information that is prohibited from being
26    disclosed under Section 4 of the Illinois Health and

 

 

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1    Hazardous Substances Registry Act.
2        (p) Security portions of system safety program plans,
3    investigation reports, surveys, schedules, lists, data, or
4    information compiled, collected, or prepared by or for the
5    Regional Transportation Authority under Section 2.11 of
6    the Regional Transportation Authority Act or the St. Clair
7    County Transit District under the Bi-State Transit Safety
8    Act.
9        (q) Information prohibited from being disclosed by the
10    Personnel Record Review Act.
11        (r) Information prohibited from being disclosed by the
12    Illinois School Student Records Act.
13        (s) Information the disclosure of which is restricted
14    under Section 5-108 of the Public Utilities Act.
15        (t) All identified or deidentified health information
16    in the form of health data or medical records contained in,
17    stored in, submitted to, transferred by, or released from
18    the Illinois Health Information Exchange, and identified
19    or deidentified health information in the form of health
20    data and medical records of the Illinois Health Information
21    Exchange in the possession of the Illinois Health
22    Information Exchange Authority due to its administration
23    of the Illinois Health Information Exchange. The terms
24    "identified" and "deidentified" shall be given the same
25    meaning as in the Health Insurance Portability and
26    Accountability Act of 1996, Public Law 104-191, or any

 

 

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1    subsequent amendments thereto, and any regulations
2    promulgated thereunder.
3        (u) Records and information provided to an independent
4    team of experts under the Developmental Disability and
5    Mental Health Safety Act (also known as Brian's Law).
6        (v) Names and information of people who have applied
7    for or received Firearm Owner's Identification Cards under
8    the Firearm Owners Identification Card Act or applied for
9    or received a concealed carry license under the Firearm
10    Concealed Carry Act, unless otherwise authorized by the
11    Firearm Concealed Carry Act; and databases under the
12    Firearm Concealed Carry Act, records of the Concealed Carry
13    Licensing Review Board under the Firearm Concealed Carry
14    Act, and law enforcement agency objections under the
15    Firearm Concealed Carry Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

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1    decision of abuse, neglect, or financial exploitation of an
2    eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

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1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day and
6    temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session prohibited
20    from disclosure under the First Responders Suicide
21    Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that Act.
10        (uu) Information that is exempt from disclosure under
11    Section 50 of the Sexual Assault Evidence Submission Act.
12        (vv) Information that is exempt from disclosure under
13    subsections (f) and (j) of Section 5-36 of the Illinois
14    Public Aid Code.
15        (ww) Information that is exempt from disclosure under
16    Section 16.8 of the State Treasurer Act.
17        (xx) Information that is exempt from disclosure or
18    information that shall not be made public under the
19    Illinois Insurance Code.
20        (yy) (oo) Information prohibited from being disclosed
21    under the Illinois Educational Labor Relations Act.
22        (zz) (pp) Information prohibited from being disclosed
23    under the Illinois Public Labor Relations Act.
24        (aaa) (qq) Information prohibited from being disclosed
25    under Section 1-167 of the Illinois Pension Code.
26        (bbb) Information gathered by a Domestic Violence

 

 

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1    Fatality Review Team under Article V of the Illinois
2    Domestic Violence Act of 1986.
3(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
58-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
6eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
7100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
86-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
9eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
10101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
111-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
121-6-20.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    750 ILCS 60/Art. V heading
4    new
5    750 ILCS 60/501 new
6    750 ILCS 60/505 new
7    750 ILCS 60/510 new
8    750 ILCS 60/515 new
9    750 ILCS 60/520 new
10    750 ILCS 60/525 new
11    750 ILCS 60/530 new
12    5 ILCS 140/7.5