State of Illinois
91st General Assembly
Legislation

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91_HB4341eng

 
HB4341 Engrossed                              LRB9107778MWpcA

 1        AN  ACT  to  amend  the  Freedom  of  Information  Act by
 2    changing Section 11 and adding Sections 11.5 and 11.10.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Freedom of Information Act is amended by
 6    changing Section 11 and adding Sections  11.5  and  11.10  as
 7    follows:

 8        (5 ILCS 140/11) (from Ch. 116, par. 211)
 9        Sec.  11.   (a)  Any  person  denied access to inspect or
10    copy any public record by the head of a public body may  file
11    suit for injunctive or declaratory relief.
12        (b)  Where  the  denial is from the head of a public body
13    of the State, suit may be filed in the circuit court for  the
14    county  where  the  public  body  has its principal office or
15    where the person denied access resides.
16        (c)  Where the denial is from the head of a  municipality
17    or other public body, except as provided in subsection (b) of
18    this  Section, suit may be filed in the circuit court for the
19    county where the public body is located.
20        (d)  The circuit court shall  have  the  jurisdiction  to
21    enjoin the public body from withholding public records and to
22    order   the  production  of  any  public  records  improperly
23    withheld from the person seeking access.  If the public  body
24    can  show  that exceptional circumstances exist, and that the
25    body  is  exercising  due  diligence  in  responding  to  the
26    request, the court may  retain  jurisdiction  and  allow  the
27    agency additional time to complete its review of the records.
28        (e)  On  motion  of  the  plaintiff, prior to or after in
29    camera inspection, the court shall order the public  body  to
30    provide  an  index  of  the  records to which access has been
31    denied.  The index shall include the following:
 
HB4341 Engrossed            -2-               LRB9107778MWpcA
 1        (i)  A description of the  nature  or  contents  of  each
 2    document withheld, or each deletion from a released document,
 3    provided, however, that the public body shall not be required
 4    to disclose the information which it asserts is exempt; and
 5        (ii)  A  statement of the exemption or exemptions claimed
 6    for each such deletion or withheld document.
 7        (f)  In any action considered by  the  court,  the  court
 8    shall  consider the matter de novo, and shall conduct such in
 9    camera examination of  the  requested  records  as  it  finds
10    appropriate  to determine if such records or any part thereof
11    may be withheld under any provision of this Act.  The  burden
12    shall  be on the public body to establish that its refusal to
13    permit public inspection or copying is in accordance with the
14    provisions of this Act.
15        (g)  In the event of noncompliance with an order  of  the
16    court  to  disclose,  the court may enforce its order against
17    any public official  or  employee  so  ordered  or  primarily
18    responsible   for  such  noncompliance  through  the  court's
19    contempt powers.
20        (h)  Except as to causes the court  considers  to  be  of
21    greater  importance,  proceedings  arising under this Section
22    shall take precedence on the docket over all other causes and
23    be assigned for hearing and trial at the earliest practicable
24    date and expedited in every way.
25        (i)  If a person seeking the right to inspect or  receive
26    a  copy  of  a  public  record  substantially  prevails  in a
27    proceeding under this  Section,  the  court  may  award  such
28    person reasonable attorneys' fees if the court finds that the
29    record  or  records  in  question were of clearly significant
30    interest to the general  public  and  that  the  public  body
31    lacked  any  reasonable  basis  in  law  for  withholding the
32    record.
33    (Source: P.A. 85-1357.)
 
HB4341 Engrossed            -3-               LRB9107778MWpcA
 1        (5 ILCS 140/11.5 new)
 2        Sec. 11.5.  Attorney's fees.
 3        If a suit is brought against a public body under  Section
 4    11  of this Act and the court determines that the public body
 5    unlawfully refused to permit a public record or records to be
 6    inspected, examined, or copied, or that the public  body  has
 7    otherwise  failed  to  comply  with this Act, the court shall
 8    award  the  person  who  has  substantially  prevailed  in  a
 9    proceeding  under  this  Section  the  reasonable  costs   of
10    enforcing  the  Act, including reasonable attorney's fees. An
11    award of attorney's fees and costs shall  include  attorney's
12    fees and costs associated with work on an appeal.

13        (5 ILCS 140/11.10 new)
14        Sec.  11.10.  Penalty.   A  person who knowingly violates
15    any of the provisions of  this  Act  is  guilty  of  a  petty
16    offense.

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