Rep. Jay Hoffman

Filed: 5/6/2019





10100SB1418ham001LRB101 08285 AWJ 60145 a


2    AMENDMENT NO. ______. Amend Senate Bill 1418 by replacing
3everything after the enacting clause with the following:
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



10100SB1418ham001- 2 -LRB101 08285 AWJ 60145 a

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



10100SB1418ham001- 3 -LRB101 08285 AWJ 60145 a

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



10100SB1418ham001- 4 -LRB101 08285 AWJ 60145 a

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



10100SB1418ham001- 5 -LRB101 08285 AWJ 60145 a

1    Accountability Act of 1996, Public Law 104-191, or any
2    subsequent amendments thereto, and any regulations
3    promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding



10100SB1418ham001- 6 -LRB101 08285 AWJ 60145 a

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



10100SB1418ham001- 7 -LRB101 08285 AWJ 60145 a

1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day and
7    temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) (ll) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) (ll) Information that is exempt from disclosure
18    under Section 70 of the Higher Education Student Assistance
19    Act.
20        (oo) Recordings made under the Children's Advocacy
21    Center Act, except to the extent authorized under that Act.
22(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
23eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2499-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,



10100SB1418ham001- 8 -LRB101 08285 AWJ 60145 a

1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
4    Section 10. The Bi-State Development Agency Act is amended
5by changing Section 2 as follows:
6    (45 ILCS 105/2)  (from Ch. 127, par. 63s-2)
7    Sec. 2. (a) Of the Commissioners first appointed one shall
8be appointed to serve for a term of one year, one for two
9years, one for three years, one for four years and one for five
10years from the third Monday in January following his
11appointment. Beginning with the appointment to be filled in
12January of 2004, and the expiration of each term of each
13commissioner thereafter, and each succeeding commissioner
14thereafter, the Chairman of the County Board of the County of
15Madison or the County of St. Clair, as the case may be, shall,
16by and with the advice and consent of the respective County
17Board, appoint a successor who shall hold office for a term of
18five years. Each commissioner shall hold office until his
19successor has been appointed and qualified. The commissioners
20shall elect a chairman of the Illinois delegation annually from
21among themselves.
22    (b) The Chairman of the County Board of St. Clair County
23shall appoint a commissioner for the term expiring in January,
242004 and in the following year the Chairman of the County Board



10100SB1418ham001- 9 -LRB101 08285 AWJ 60145 a

1of Madison County shall appoint a commissioner for the term
2expiring in January of that year. Successive appointments shall
3alternate between the Chairman of the St. Clair County Board
4and the Chairman of the Madison County Board, except as may be
5modified by the provisions of subsection (c).
6    (c) In the event that a tax has been imposed in Monroe
7County consistent with the provisions of Section 5.01 of the
8Local Mass Transit District Act, the Chairman of the Monroe
9County Board shall, upon the expiration of the term of a
10commissioner who is a resident of the County in which 3 of the
11then remaining commissioners reside, appoint a commissioner
12with the advice and consent of the Monroe County Board. The
13commissioner appointed by the Monroe County Board shall hold
14office for a term of 5 years and a successor shall be appointed
15by the chairman of the Monroe County Board, with the advice and
16consent of the Monroe County Board. The appointments of the 4
17remaining commissioners shall then continue to alternate
18between St. Clair and Madison County so that each County shall
19continue to retain the appointments of 2 commissioners. To the
20extent that this subsection (c) conflicts with any other
21provision of this Section or Section 3, the provisions of this
22subsection (c) control.
23    (d) A county authorized to appoint commissioners that does
24not contract for light rail service with the Bi-State
25Development Agency and does not pay for that service in part
26with county-generated revenue shall be limited to one



10100SB1418ham001- 10 -LRB101 08285 AWJ 60145 a

1commissioner. When the term of an existing commissioner expires
2from the county without light rail service and there is another
3commissioner from that county serving an unexpired term, the
4commissioner leaving shall be replaced by an appointee from a
5county contracting for light rail service; this process shall
6continue until the county without light rail service has only
7one commissioner. At that point, that one commissioner will
8continue to be appointed as previously authorized by this Act.
9(Source: P.A. 93-432, eff. 6-1-04.)
10    Section 15. The Children's Advocacy Center Act is amended
11by changing Section 2.5 and by adding Section 4.5 as follows:
12    (55 ILCS 80/2.5)
13    Sec. 2.5. Definitions. As used in this Section:
14    "Accreditation" means the process in which certification
15of competency, authority, or credibility is presented by
16standards set by the National Children's Alliance to ensure
17effective, efficient and consistent delivery of services by a
19    "Child maltreatment" includes any act or occurrence, as
20defined in Section 5 of the Criminal Code of 2012, under the
21Children and Family Services Act or the Juvenile Court Act of
221987 involving either a child victim or child witness.
23    "Children's Advocacy Center" or "CAC" is a child-focused,
24trauma-informed, facility-based program in which



10100SB1418ham001- 11 -LRB101 08285 AWJ 60145 a

1representatives from law enforcement, child protection,
2prosecution, mental health, forensic interviewing, medical,
3and victim advocacy disciplines collaborate to interview
4children, meet with a child's parent or parents, caregivers,
5and family members, and make team decisions about the
6investigation, prosecution, safety, treatment, and support
7services for child maltreatment cases.
8    "Children's Advocacy Centers of Illinois" or "CACI" is a
9state chapter of the National Children's Alliance ("NCA") and
10organizing entity for Children's Advocacy Centers in the State
11of Illinois. It defines membership and engages member CACs in
12the NCA accreditation process and collecting and sharing of
13data, and provides training, leadership, and technical
14assistance to existing and emerging CACs in the State.
15    "Electronic recording" includes a motion picture,
16audiotape, videotape, or digital recording.
17    "Forensic interview" means an interview between a trained
18forensic interviewer, as defined by NCA standards, and a child
19in which the interviewer obtains information from children in
20an unbiased and fact finding manner that is developmentally
21appropriate and culturally sensitive to support accurate and
22fair decision making by the multidisciplinary team in the
23criminal justice and child protection systems. Whenever
24practical, all parties involved in investigating reports of
25child maltreatment shall observe the interview, which shall be
26electronically digitally recorded.



10100SB1418ham001- 12 -LRB101 08285 AWJ 60145 a

1    "Forensic interview transcription" means a verbatim
2transcript of a forensic interview for the purpose of
3translating the interview into another language.
4    "Multidisciplinary team" or "MDT" means a group of
5professionals working collaboratively under a written
6protocol, who represent various disciplines from the point of a
7report of child maltreatment to assure the most effective
8coordinated response possible for every child. Employees from
9each participating entity shall be included on the MDT. A CAC's
10MDT must include professionals involved in the coordination,
11investigation, and prosecution of child abuse cases, including
12the CAC's staff, participating law enforcement agencies, the
13county state's attorney, and the Illinois Department of
14Children and Family Services, and must include professionals
15involved in the delivery of services to victims of child
16maltreatment and non-offending parent or parents, caregiver,
17and their families.
18    "National Children's Alliance" or "NCA" means the
19professional membership organization dedicated to helping
20local communities respond to allegations of child abuse in an
21effective and efficient manner. NCA provides training,
22support, technical assistance and leadership on a national
23level to state and local CACs and communities responding to
24reports of child maltreatment. NCA is the national organization
25that provides the standards for CAC accreditation.
26    "Protocol" means a written methodology defining the



10100SB1418ham001- 13 -LRB101 08285 AWJ 60145 a

1responsibilities of each of the MDT members in the
2investigation and prosecution of child maltreatment within a
3defined jurisdiction. Written protocols are signed documents
4and are reviewed and/or updated annually, at a minimum, by a
5CAC's Advisory Board.
6(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
7    (55 ILCS 80/4.5 new)
8    Sec. 4.5. Forensic interviews; electronic recordings.
9    (a) Consent is not required for a forensic interview to be
10electronically recorded. Failure to record does not render a
11forensic interview inadmissible.
12    (b) A forensic interview, an electronic recording, or a
13forensic interview transcription or electronic recording is
14confidential and exempt from public inspection and copying
15under Section 7.5 of the Freedom of Information Act and may
16only be viewed by a court, attorneys, investigators, or experts
17for the purpose of judicial and administrative hearings and
18shall not be disseminated except pursuant to a court's
19protective order.
20    (c) Nothing in this Act shall be construed to limit or
21prohibit electronically recorded forensic interviewing in
22accordance with Article 14 of the Criminal Code of 2012 or
23Article 108A or Article 108B of the Code of Criminal Procedure
24of 1963.".