State of Illinois
2019 and 2020


Introduced 2/13/2019, by Sen. Kimberly A. Lightford


5 ILCS 140/7.5
55 ILCS 80/2.5
55 ILCS 80/4.5 new

    Amends the Children's Advocacy Center Act. Provides that consent is not required for a forensic interview to be electronically recorded and that failure to record does not render a forensic interview inadmissible. Provides that a forensic interview, an electronic recording, or a transcription of an interview or electronic recording is confidential and exempt from public inspection and copying 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. Provides that nothing in the Act shall be construed to limit or prohibit electronically recorded forensic interviewing in accordance with provisions concerning surveillance and investigations in the Criminal Code of 2012 and Code of Criminal Procedure of 1963. Adds a definition and modifies a definition. Amends the Freedom of Information Act making conforming changes. Effective January 1, 2020.

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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating



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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a local
21    emergency energy plan ordinance that is adopted under
22    Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information



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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the Capital
15    Crimes Litigation Act. This subsection (n) shall apply
16    until the conclusion of the trial of the case, even if the
17    prosecution chooses not to pursue the death penalty prior
18    to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair



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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Records Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained in,
11    stored in, submitted to, transferred by, or released from
12    the Illinois Health Information Exchange, and identified
13    or deidentified health information in the form of health
14    data and medical records of the Illinois Health Information
15    Exchange in the possession of the Illinois Health
16    Information Exchange Authority due to its administration
17    of the Illinois Health Information Exchange. The terms
18    "identified" and "deidentified" shall be given the same
19    meaning as in the Health Insurance Portability and
20    Accountability Act of 1996, Public Law 104-191, or any
21    subsequent amendments thereto, and any regulations
22    promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied



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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services



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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day and
26    temporary labor service agencies but are exempt from



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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) (ll) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) (ll) Information that is exempt from disclosure
11    under Section 70 of the Higher Education Student Assistance
12    Act.
13        (oo) Recordings made under the Children's Advocacy
14    Center Act, except to the extent authorized under that Act.
15(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
16eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1799-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
18100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
198-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
20eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
21100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
23    Section 10. The Children's Advocacy Center Act is amended
24by changing Section 2.5 and by adding Section 4.5 as follows:



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1    (55 ILCS 80/2.5)
2    Sec. 2.5. Definitions. As used in this Section:
3    "Accreditation" means the process in which certification
4of competency, authority, or credibility is presented by
5standards set by the National Children's Alliance to ensure
6effective, efficient and consistent delivery of services by a
8    "Child maltreatment" includes any act or occurrence, as
9defined in Section 5 of the Criminal Code of 2012, under the
10Children and Family Services Act or the Juvenile Court Act of
111987 involving either a child victim or child witness.
12    "Children's Advocacy Center" or "CAC" is a child-focused,
13trauma-informed, facility-based program in which
14representatives from law enforcement, child protection,
15prosecution, mental health, forensic interviewing, medical,
16and victim advocacy disciplines collaborate to interview
17children, meet with a child's parent or parents, caregivers,
18and family members, and make team decisions about the
19investigation, prosecution, safety, treatment, and support
20services for child maltreatment cases.
21    "Children's Advocacy Centers of Illinois" or "CACI" is a
22state chapter of the National Children's Alliance ("NCA") and
23organizing entity for Children's Advocacy Centers in the State
24of Illinois. It defines membership and engages member CACs in
25the NCA accreditation process and collecting and sharing of
26data, and provides training, leadership, and technical



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1assistance to existing and emerging CACs in the State.
2    "Electronic recording" includes a motion picture,
3audiotape, videotape, or digital recording.
4    "Forensic interview" means an interview between a trained
5forensic interviewer, as defined by NCA standards, and a child
6in which the interviewer obtains information from children in
7an unbiased and fact finding manner that is developmentally
8appropriate and culturally sensitive to support accurate and
9fair decision making by the multidisciplinary team in the
10criminal justice and child protection systems. Whenever
11practical, all parties involved in investigating reports of
12child maltreatment shall observe the interview, which shall be
13electronically digitally recorded.
14    "Multidisciplinary team" or "MDT" means a group of
15professionals working collaboratively under a written
16protocol, who represent various disciplines from the point of a
17report of child maltreatment to assure the most effective
18coordinated response possible for every child. Employees from
19each participating entity shall be included on the MDT. A CAC's
20MDT must include professionals involved in the coordination,
21investigation, and prosecution of child abuse cases, including
22the CAC's staff, participating law enforcement agencies, the
23county state's attorney, and the Illinois Department of
24Children and Family Services, and must include professionals
25involved in the delivery of services to victims of child
26maltreatment and non-offending parent or parents, caregiver,



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1and their families.
2    "National Children's Alliance" or "NCA" means the
3professional membership organization dedicated to helping
4local communities respond to allegations of child abuse in an
5effective and efficient manner. NCA provides training,
6support, technical assistance and leadership on a national
7level to state and local CACs and communities responding to
8reports of child maltreatment. NCA is the national organization
9that provides the standards for CAC accreditation.
10    "Protocol" means a written methodology defining the
11responsibilities of each of the MDT members in the
12investigation and prosecution of child maltreatment within a
13defined jurisdiction. Written protocols are signed documents
14and are reviewed and/or updated annually, at a minimum, by a
15CAC's Advisory Board.
16(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
17    (55 ILCS 80/4.5 new)
18    Sec. 4.5. Forensic interviews; electronic recordings.
19    (a) Consent is not required for a forensic interview to be
20electronically recorded. Failure to record does not render a
21forensic interview inadmissible.
22    (b) A forensic interview, an electronic recording, or a
23transcription of a forensic interview or electronic recording
24is confidential and exempt from public inspection and copying
25under Section 7.5 of the Freedom of Information Act and may



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1only be viewed by a court, attorneys, investigators, or experts
2for the purpose of judicial and administrative hearings and
3shall not be disseminated except pursuant to a court's
4protective order.
5    (c) Nothing in this Act shall be construed to limit or
6prohibit electronically recorded forensic interviewing in
7accordance with Article 14 of the Criminal Code of 2012 or
8Article 108A or Article 108B of the Code of Criminal Procedure
9of 1963.
10    Section 99. Effective date. This Act takes effect January
111, 2020.