Rep. Barbara Flynn Currie

Filed: 3/23/2015





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2    AMENDMENT NO. ______. Amend House Bill 3932 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Private College Campus Police Act is
5amended by adding Section 1.5 as follows:
6    (110 ILCS 1020/1.5 new)
7    Sec. 1.5. Records.
8    (a) Information and records in the custody or possession of
9a campus police department subject to this Act shall be open to
10inspection or copying in the same manner as public records
11under the Freedom of Information Act.
12    (b) Records subject to inspection and copying under
13subsection (a) of this Section include, but are not limited to:
14        (1) warning citations, field interview cards, and
15    field contact reports;
16        (2) incident reports and case reports;



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1        (3) arrest reports, including any information required
2    to be furnished by local criminal justice agencies under
3    the Freedom of Information Act;
4        (4) emergency call recordings or transcripts;
5        (5) department directives; and
6        (6) crime data and statistics.
7    The following records are not subject to inspection and
8copying under subsection (a) of this Section:
9        (1) employment matters, including grievances and
10    disciplinary matters;
11        (2) labor contract negotiations;
12        (3) wage information;
13        (4) information about insurance;
14        (5) records relating to all ongoing investigations or
15    security threats the disclosure of which could jeopardize
16    public safety;
17        (6) records relating to students and related
18    disciplinary proceedings and actions, including, but not
19    limited to, those prohibited by the federal Family
20    Educational Rights and Privacy Act of 1974 and the Illinois
21    Health Insurance Portability and Accountability Act;
22        (7) records relating to campus building access;
23        (8) records, tapes, and other digital media from campus
24    security cameras; and
25        (9) non-criminal campus incident reports.
26    (c) A person shall request records and a campus police



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1department shall make records available for public inspection
2in the same manner and according to the same timelines required
3under the Freedom of Information Act. A campus police
4department may impose fees in the same manner as public bodies
5under the Freedom of Information Act. A campus police
6department is not required to copy a record that is published
7on the department's website. The campus police department shall
8notify the requester that the record is available online and
9direct the requester to the website where the record can be
10reasonably accessed.
11    (d) Each campus police department shall designate one or
12more employees to act as open records officers. Open records
13officers or their designees shall receive requests submitted to
14the campus police department, ensure that the campus police
15department responds to requests in a timely fashion, and issue
16responses. All open records officers must, within 6 months
17after the effective date of this amendatory Act of the 99th
18General Assembly, successfully complete an electronic training
19curriculum to be developed by the Public Access Counselor
20established in the Office of the Attorney General and
21thereafter successfully complete an annual training program.
22Thereafter, whenever a new open records officer is designated
23by a campus police department, that person shall successfully
24complete the electronic training curriculum within 30 days
25after assuming the position.
26    (e) Each campus police department that maintains an



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1Internet website shall post on its website a brief description
2of the methods whereby the public may request information and
3records, a directory designating the open records officer or
4officers, the address where requests for records should be
5directed, and any fees allowable under subsection (c) of this
6Section. If the campus police department does not maintain a
7website, such information shall be prominently displayed in its
8offices and made available for inspection and copying.
9    (f) When a request is made to inspect or copy a record that
10contains information that would be exempt from disclosure under
11the Freedom of Information Act (including, but not limited to,
12exemptions listed in Sections 2.15 and 7 of the Freedom of
13Information Act), the campus police department may redact the
14information subject to the exemptions. A person whose request
15to inspect or copy a record is denied, in whole or in part, by a
16campus police department may file a request for review with the
17Public Access Counselor established in the Office of the
18Attorney General in the same manner as provided under Section
199.5 of the Freedom of Information Act.
20    (g) (1) Any person denied access to inspect or copy any
21record required to be open to inspection or copying under
22subsection (a) of this Section by a campus police department
23may file suit for injunctive or declaratory relief in the
24circuit court for the county where the campus police department
25is located.
26        (2) The circuit court shall have the jurisdiction to



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1    enjoin the campus police department from withholding
2    applicable records and to order the production of any
3    records improperly withheld from the person seeking
4    access. If the campus police department can show that
5    exceptional circumstances exist and that the department is
6    exercising due diligence in responding to the request, the
7    court may retain jurisdiction and allow the department
8    additional time to complete its review of the records.
9        (3) If a person seeking the right to inspect or receive
10    a copy of a record prevails in a proceeding under this
11    subsection (g), the court shall award such person
12    reasonable attorney's fees and costs.
13        (4) If the court determines that a campus police
14    department willfully and intentionally failed to comply
15    with this Section or otherwise acted in bad faith, the
16    court shall also impose upon the campus police department a
17    civil penalty of not less than $2,500 nor more than $5,000
18    for each occurrence. In assessing the civil penalty, the
19    court shall consider in aggravation or mitigation the
20    budget of the campus police department and whether the
21    department has previously been assessed penalties for
22    violations of this Section.".