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Public Act 101-0236 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by | ||||
changing Section 7.5 as follows: | ||||
(5 ILCS 140/7.5) | ||||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||||
by the statutes referenced below, the following shall be exempt | ||||
from inspection and copying: | ||||
(a) All information determined to be confidential | ||||
under Section 4002 of the Technology Advancement and | ||||
Development Act. | ||||
(b) Library circulation and order records identifying | ||||
library users with specific materials under the Library | ||||
Records Confidentiality Act. | ||||
(c) Applications, related documents, and medical | ||||
records received by the Experimental Organ Transplantation | ||||
Procedures Board and any and all documents or other records | ||||
prepared by the Experimental Organ Transplantation | ||||
Procedures Board or its staff relating to applications it | ||||
has received. | ||||
(d) Information and records held by the Department of | ||||
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information |
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair |
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law ) . | ||
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services |
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day and | ||
temporary labor service agencies but are exempt from |
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. | ||
(mm) (ll) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) (ll) Information that is exempt from disclosure | ||
under Section 70 of the Higher Education Student Assistance | ||
Act. | ||
(oo) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that Act. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||
10-12-18.) | ||
Section 10. The Children's Advocacy Center Act is amended | ||
by changing Section 2.5 and by adding Section 4.5 as follows: |
(55 ILCS 80/2.5) | ||
Sec. 2.5. Definitions. As used in this Section: | ||
"Accreditation" means the process in which certification | ||
of competency, authority, or credibility is presented by | ||
standards set by the National Children's Alliance to ensure | ||
effective, efficient and consistent delivery of services by a | ||
CAC. | ||
"Child maltreatment" includes any act or occurrence, as | ||
defined in Section 5 of the Criminal Code of 2012, under the | ||
Children and Family Services Act or the Juvenile Court Act of | ||
1987 involving either a child victim or child witness. | ||
"Children's Advocacy Center" or "CAC" is a child-focused, | ||
trauma-informed, facility-based program in which | ||
representatives from law enforcement, child protection, | ||
prosecution, mental health, forensic interviewing, medical, | ||
and victim advocacy disciplines collaborate to interview | ||
children, meet with a child's parent or parents, caregivers, | ||
and family members, and make team decisions about the | ||
investigation, prosecution, safety, treatment, and support | ||
services for child maltreatment cases. | ||
"Children's Advocacy Centers of Illinois" or "CACI" is a | ||
state chapter of the National Children's Alliance ("NCA") and | ||
organizing entity for Children's Advocacy Centers in the State | ||
of Illinois. It defines membership and engages member CACs in | ||
the NCA accreditation process and collecting and sharing of | ||
data, and provides training, leadership, and technical |
assistance to existing and emerging CACs in the State. | ||
"Electronic recording" includes a motion picture, | ||
audiotape, videotape, or digital recording. | ||
"Forensic interview" means an interview between a trained | ||
forensic interviewer, as defined by NCA standards, and a child | ||
in which the interviewer obtains information from children in | ||
an unbiased and fact finding manner that is developmentally | ||
appropriate and culturally sensitive to support accurate and | ||
fair decision making by the multidisciplinary team in the | ||
criminal justice and child protection systems. Whenever | ||
practical, all parties involved in investigating reports of | ||
child maltreatment shall observe the interview, which shall be | ||
electronically digitally recorded. | ||
"Forensic interview transcription" means a verbatim | ||
transcript of a forensic interview for the purpose of | ||
translating the interview into another language. | ||
"Multidisciplinary team" or "MDT" means a group of | ||
professionals working collaboratively under a written | ||
protocol, who represent various disciplines from the point of a | ||
report of child maltreatment to assure the most effective | ||
coordinated response possible for every child. Employees from | ||
each participating entity shall be included on the MDT. A CAC's | ||
MDT must include professionals involved in the coordination, | ||
investigation, and prosecution of child abuse cases, including | ||
the CAC's staff, participating law enforcement agencies, the | ||
county state's attorney, and the Illinois Department of |
Children and Family Services, and must include professionals | ||
involved in the delivery of services to victims of child | ||
maltreatment and non-offending parent or parents, caregiver, | ||
and their families. | ||
"National Children's Alliance" or "NCA" means the | ||
professional membership organization dedicated to helping | ||
local communities respond to allegations of child abuse in an | ||
effective and efficient manner. NCA provides training, | ||
support, technical assistance and leadership on a national | ||
level to state and local CACs and communities responding to | ||
reports of child maltreatment. NCA is the national organization | ||
that provides the standards for CAC accreditation. | ||
"Protocol" means a written methodology defining the | ||
responsibilities of each of the MDT members in the | ||
investigation and prosecution of child maltreatment within a | ||
defined jurisdiction. Written protocols are signed documents | ||
and are reviewed and/or updated annually, at a minimum, by a | ||
CAC's Advisory Board.
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(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.) | ||
(55 ILCS 80/4.5 new) | ||
Sec. 4.5. Forensic interviews; electronic recordings. | ||
(a) Consent is not required for a forensic interview to be | ||
electronically recorded. Failure to record does not render a | ||
forensic interview inadmissible. | ||
(b) A forensic interview, an electronic recording, or a |
forensic interview transcription or electronic recording is | ||
confidential and exempt from public inspection and copying | ||
under Section 7.5 of the Freedom of Information Act and may | ||
only be viewed by a court, attorneys, investigators, or experts | ||
for the purpose of judicial and administrative hearings and | ||
shall not be disseminated except pursuant to a court's | ||
protective order. | ||
(c) Nothing in this Act shall be construed to limit or | ||
prohibit electronically recorded forensic interviewing in | ||
accordance with Article 14 of the Criminal Code of 2012 or | ||
Article 108A or Article 108B of the Code of Criminal Procedure | ||
of 1963.
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Section 99. Effective date. This Act takes effect January | ||
1, 2020.
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