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Public Act 102-0776


 

Public Act 0776 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0776
 
HB4559 EnrolledLRB102 20314 RLC 29169 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    Sec. 7. Exemptions.
    (1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and
    regulations implementing federal or State law.
        (b) Private information, unless disclosure is required
    by another provision of this Act, a State or federal law,
    or a court order.
        (b-5) Files, documents, and other data or databases
    maintained by one or more law enforcement agencies and
    specifically designed to provide information to one or
    more law enforcement agencies regarding the physical or
    mental status of one or more individual subjects.
        (c) Personal information contained within public
    records, the disclosure of which would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the
    individual subjects of the information. "Unwarranted
    invasion of personal privacy" means the disclosure of
    information that is highly personal or objectionable to a
    reasonable person and in which the subject's right to
    privacy outweighs any legitimate public interest in
    obtaining the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy.
        (d) Records in the possession of any public body
    created in the course of administrative enforcement
    proceedings, and any law enforcement or correctional
    agency for law enforcement purposes, but only to the
    extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency that is the recipient of the request;
            (ii) interfere with active administrative
        enforcement proceedings conducted by the public body
        that is the recipient of the request;
            (iii) create a substantial likelihood that a
        person will be deprived of a fair trial or an impartial
        hearing;
            (iv) unavoidably disclose the identity of a
        confidential source, confidential information
        furnished only by the confidential source, or persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement, or
        penal agencies; except that the identities of
        witnesses to traffic accidents, traffic accident
        reports, and rescue reports shall be provided by
        agencies of local government, except when disclosure
        would interfere with an active criminal investigation
        conducted by the agency that is the recipient of the
        request;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known
        or disclose internal documents of correctional
        agencies related to detection, observation or
        investigation of incidents of crime or misconduct, and
        disclosure would result in demonstrable harm to the
        agency or public body that is the recipient of the
        request;
            (vi) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (vii) obstruct an ongoing criminal investigation
        by the agency that is the recipient of the request.
        (d-5) A law enforcement record created for law
    enforcement purposes and contained in a shared electronic
    record management system if the law enforcement agency
    that is the recipient of the request did not create the
    record, did not participate in or have a role in any of the
    events which are the subject of the record, and only has
    access to the record through the shared electronic record
    management system.
        (d-6) Records contained in the Officer Professional
    Conduct Database under Section 9.2 of the Illinois Police
    Training Act, except to the extent authorized under that
    Section. This includes the documents supplied to the
    Illinois Law Enforcement Training Standards Board from the
    Illinois State Police and Illinois State Police Merit
    Board.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (e-5) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials are available in the library of the correctional
    institution or facility or jail where the inmate is
    confined.
        (e-6) Records requested by persons committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail if those
    materials include records from staff members' personnel
    files, staff rosters, or other staffing assignment
    information.
        (e-7) Records requested by persons committed to the
    Department of Corrections or Department of Human Services
    Division of Mental Health if those materials are available
    through an administrative request to the Department of
    Corrections or Department of Human Services Division of
    Mental Health.
        (e-8) Records requested by a person committed to the
    Department of Corrections, Department of Human Services
    Division of Mental Health, or a county jail, the
    disclosure of which would result in the risk of harm to any
    person or the risk of an escape from a jail or correctional
    institution or facility.
        (e-9) Records requested by a person in a county jail
    or committed to the Department of Corrections or
    Department of Human Services Division of Mental Health,
    containing personal information pertaining to the person's
    victim or the victim's family, including, but not limited
    to, a victim's home address, home telephone number, work
    or school address, work telephone number, social security
    number, or any other identifying information, except as
    may be relevant to a requester's current or potential case
    or claim.
        (e-10) Law enforcement records of other persons
    requested by a person committed to the Department of
    Corrections, Department of Human Services Division of
    Mental Health, or a county jail, including, but not
    limited to, arrest and booking records, mug shots, and
    crime scene photographs, except as these records may be
    relevant to the requester's current or potential case or
    claim.
        (f) Preliminary drafts, notes, recommendations,
    memoranda, and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those
    records of officers and agencies of the General Assembly
    that pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or commercial or financial information are
    furnished under a claim that they are proprietary,
    privileged, or confidential, and that disclosure of the
    trade secrets or commercial or financial information would
    cause competitive harm to the person or business, and only
    insofar as the claim directly applies to the records
    requested.
        The information included under this exemption includes
    all trade secrets and commercial or financial information
    obtained by a public body, including a public pension
    fund, from a private equity fund or a privately held
    company within the investment portfolio of a private
    equity fund as a result of either investing or evaluating
    a potential investment of public funds in a private equity
    fund. The exemption contained in this item does not apply
    to the aggregate financial performance information of a
    private equity fund, nor to the identity of the fund's
    managers or general partners. The exemption contained in
    this item does not apply to the identity of a privately
    held company within the investment portfolio of a private
    equity fund, unless the disclosure of the identity of a
    privately held company may cause competitive harm.
        Nothing contained in this paragraph (g) shall be
    construed to prevent a person or business from consenting
    to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced
    by any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by
    news media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) The following information pertaining to
    educational matters:
            (i) test questions, scoring keys, and other
        examination data used to administer an academic
        examination;
            (ii) information received by a primary or
        secondary school, college, or university under its
        procedures for the evaluation of faculty members by
        their academic peers;
            (iii) information concerning a school or
        university's adjudication of student disciplinary
        cases, but only to the extent that disclosure would
        unavoidably reveal the identity of the student; and
            (iv) course materials or research materials used
        by faculty members.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds,
    including, but not limited to, power generating and
    distribution stations and other transmission and
    distribution facilities, water treatment facilities,
    airport facilities, sport stadiums, convention centers,
    and all government owned, operated, or occupied buildings,
    but only to the extent that disclosure would compromise
    security.
        (l) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public
    under Section 2.06 of the Open Meetings Act.
        (m) Communications between a public body and an
    attorney or auditor representing the public body that
    would not be subject to discovery in litigation, and
    materials prepared or compiled by or for a public body in
    anticipation of a criminal, civil, or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (n) Records relating to a public body's adjudication
    of employee grievances or disciplinary cases; however,
    this exemption shall not extend to the final outcome of
    cases in which discipline is imposed.
        (o) Administrative or technical information associated
    with automated data processing operations, including, but
    not limited to, software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (p) Records relating to collective negotiating matters
    between public bodies and their employees or
    representatives, except that any final contract or
    agreement shall be subject to inspection and copying.
        (q) Test questions, scoring keys, and other
    examination data used to determine the qualifications of
    an applicant for a license or employment.
        (r) The records, documents, and information relating
    to real estate purchase negotiations until those
    negotiations have been completed or otherwise terminated.
    With regard to a parcel involved in a pending or actually
    and reasonably contemplated eminent domain proceeding
    under the Eminent Domain Act, records, documents, and
    information relating to that parcel shall be exempt except
    as may be allowed under discovery rules adopted by the
    Illinois Supreme Court. The records, documents, and
    information relating to a real estate sale shall be exempt
    until a sale is consummated.
        (s) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
    Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (t) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions, insurance companies, or pharmacy benefit
    managers, unless disclosure is otherwise required by State
    law.
        (u) Information that would disclose or might lead to
    the disclosure of secret or confidential information,
    codes, algorithms, programs, or private keys intended to
    be used to create electronic signatures under the Uniform
    Electronic Transactions Act.
        (v) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a
    community's population or systems, facilities, or
    installations, the destruction or contamination of which
    would constitute a clear and present danger to the health
    or safety of the community, but only to the extent that
    disclosure could reasonably be expected to jeopardize the
    effectiveness of the measures or the safety of the
    personnel who implement them or the public. Information
    exempt under this item may include such things as details
    pertaining to the mobilization or deployment of personnel
    or equipment, to the operation of communication systems or
    protocols, or to tactical operations.
        (w) (Blank).
        (x) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility, by a power generator, or by the
    Illinois Power Agency.
        (y) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power
    Agency Act and Section 16-111.5 of the Public Utilities
    Act that is determined to be confidential and proprietary
    by the Illinois Power Agency or by the Illinois Commerce
    Commission.
        (z) Information about students exempted from
    disclosure under Sections 10-20.38 or 34-18.29 of the
    School Code, and information about undergraduate students
    enrolled at an institution of higher education exempted
    from disclosure under Section 25 of the Illinois Credit
    Card Marketing Act of 2009.
        (aa) Information the disclosure of which is exempted
    under the Viatical Settlements Act of 2009.
        (bb) Records and information provided to a mortality
    review team and records maintained by a mortality review
    team appointed under the Department of Juvenile Justice
    Mortality Review Team Act.
        (cc) Information regarding interments, entombments, or
    inurnments of human remains that are submitted to the
    Cemetery Oversight Database under the Cemetery Care Act or
    the Cemetery Oversight Act, whichever is applicable.
        (dd) Correspondence and records (i) that may not be
    disclosed under Section 11-9 of the Illinois Public Aid
    Code or (ii) that pertain to appeals under Section 11-8 of
    the Illinois Public Aid Code.
        (ee) The names, addresses, or other personal
    information of persons who are minors and are also
    participants and registrants in programs of park
    districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations.
        (ff) The names, addresses, or other personal
    information of participants and registrants in programs of
    park districts, forest preserve districts, conservation
    districts, recreation agencies, and special recreation
    associations where such programs are targeted primarily to
    minors.
        (gg) Confidential information described in Section
    1-100 of the Illinois Independent Tax Tribunal Act of
    2012.
        (hh) The report submitted to the State Board of
    Education by the School Security and Standards Task Force
    under item (8) of subsection (d) of Section 2-3.160 of the
    School Code and any information contained in that report.
        (ii) Records requested by persons committed to or
    detained by the Department of Human Services under the
    Sexually Violent Persons Commitment Act or committed to
    the Department of Corrections under the Sexually Dangerous
    Persons Act if those materials: (i) are available in the
    library of the facility where the individual is confined;
    (ii) include records from staff members' personnel files,
    staff rosters, or other staffing assignment information;
    or (iii) are available through an administrative request
    to the Department of Human Services or the Department of
    Corrections.
        (jj) Confidential information described in Section
    5-535 of the Civil Administrative Code of Illinois.
        (kk) The public body's credit card numbers, debit card
    numbers, bank account numbers, Federal Employer
    Identification Number, security code numbers, passwords,
    and similar account information, the disclosure of which
    could result in identity theft or impression or defrauding
    of a governmental entity or a person.
        (ll) Records concerning the work of the threat
    assessment team of a school district.
        (mm) Records described in subsection (f) of Section
    3-5-1 of the Unified Code of Corrections.
    (1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
    (2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
    (3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; revised
2-3-22.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 3-5-1 as follows:
 
    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
    Sec. 3-5-1. Master Record File.
    (a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
        (1) all information from the committing court;
        (1.5) ethnic and racial background data collected in
    accordance with Section 4.5 of the Criminal Identification
    Act;
        (2) reception summary;
        (3) evaluation and assignment reports and
    recommendations;
        (4) reports as to program assignment and progress;
        (5) reports of disciplinary infractions and
    disposition, including tickets and Administrative Review
    Board action;
        (6) any parole or aftercare release plan;
        (7) any parole or aftercare release reports;
        (8) the date and circumstances of final discharge;
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family
    relationships;
        (12) any grievances filed and responses to those
    grievances; and
        (13) other information that the respective Department
    determines is relevant to the secure confinement and
    rehabilitation of the committed person.
    (b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the
Prisoner Review Board makes a determination under this Code
which affects the length of the period of confinement or
commitment, the committed person and his counsel shall be
advised of factual information relied upon by the respective
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any
such information which in the opinion of the Department of
Juvenile Justice or Board would be detrimental to his
treatment or rehabilitation.
    (c) The master file shall be maintained at a place
convenient to its use by personnel of the respective
Department in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law
or requested by the agency under rules and regulations of the
respective Department.
    (d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
    (e) All public agencies may make available to the
respective Department on request any factual data not
otherwise privileged as a matter of law in their possession in
respect to individuals committed to the respective Department.
    (f) A committed person may request a summary of the
committed person's master record file once per year and the
committed person's attorney may request one summary of the
committed person's master record file once per year. The
Department shall create a form for requesting this summary,
and shall make that form available to committed persons and to
the public on its website. Upon receipt of the request form,
the Department shall provide the summary within 15 days. The
summary must contain, unless otherwise prohibited by law:
        (1) the person's name, ethnic, racial, and other
    identifying information;
        (2) all digitally available information from the
    committing court;
        (3) all information in the Offender 360 system on the
    person's criminal history;
        (4) the person's complete assignment history in the
    Department of Corrections;
        (5) the person's disciplinary card;
        (6) additional records about up to 3 specific
    disciplinary incidents as identified by the requester;
        (7) any available records about up to 5 specific
    grievances filed by the person, as identified by the
    requester; and
        (8) the records of all grievances filed on or after
    January 1, 2023.
    Notwithstanding any provision of this subsection (f) to
the contrary, a committed person's master record file is not
subject to disclosure and copying under the Freedom of
Information Act.
(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

Effective Date: 1/1/2023