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Public Act 101-0236


 

Public Act 0236 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0236
 
HB0909 EnrolledLRB101 06234 AWJ 51260 b

    AN ACT concerning local government.
 
    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 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (n) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Records Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained in,
    stored in, submitted to, transferred by, or released from
    the Illinois Health Information Exchange, and identified
    or deidentified health information in the form of health
    data and medical records of the Illinois Health Information
    Exchange in the possession of the Illinois Health
    Information Exchange Authority due to its administration
    of the Illinois Health Information Exchange. The terms
    "identified" and "deidentified" shall be given the same
    meaning as in the Health Insurance Portability and
    Accountability Act of 1996, Public Law 104-191, or any
    subsequent amendments thereto, and any regulations
    promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed Carry
    Licensing Review Board under the Firearm Concealed Carry
    Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of an
    eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day and
    temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) (ll) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) (ll) Information that is exempt from disclosure
    under Section 70 of the Higher Education Student Assistance
    Act.
        (oo) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
 
    Section 10. The Children's Advocacy Center Act is amended
by changing Section 2.5 and by adding Section 4.5 as follows:
 
    (55 ILCS 80/2.5)
    Sec. 2.5. Definitions. As used in this Section:
    "Accreditation" means the process in which certification
of competency, authority, or credibility is presented by
standards set by the National Children's Alliance to ensure
effective, efficient and consistent delivery of services by a
CAC.
    "Child maltreatment" includes any act or occurrence, as
defined in Section 5 of the Criminal Code of 2012, under the
Children and Family Services Act or the Juvenile Court Act of
1987 involving either a child victim or child witness.
    "Children's Advocacy Center" or "CAC" is a child-focused,
trauma-informed, facility-based program in which
representatives from law enforcement, child protection,
prosecution, mental health, forensic interviewing, medical,
and victim advocacy disciplines collaborate to interview
children, meet with a child's parent or parents, caregivers,
and family members, and make team decisions about the
investigation, prosecution, safety, treatment, and support
services for child maltreatment cases.
    "Children's Advocacy Centers of Illinois" or "CACI" is a
state chapter of the National Children's Alliance ("NCA") and
organizing entity for Children's Advocacy Centers in the State
of Illinois. It defines membership and engages member CACs in
the NCA accreditation process and collecting and sharing of
data, and provides training, leadership, and technical
assistance to existing and emerging CACs in the State.
    "Electronic recording" includes a motion picture,
audiotape, videotape, or digital recording.
    "Forensic interview" means an interview between a trained
forensic interviewer, as defined by NCA standards, and a child
in which the interviewer obtains information from children in
an unbiased and fact finding manner that is developmentally
appropriate and culturally sensitive to support accurate and
fair decision making by the multidisciplinary team in the
criminal justice and child protection systems. Whenever
practical, all parties involved in investigating reports of
child maltreatment shall observe the interview, which shall be
electronically digitally recorded.
    "Forensic interview transcription" means a verbatim
transcript of a forensic interview for the purpose of
translating the interview into another language.
    "Multidisciplinary team" or "MDT" means a group of
professionals working collaboratively under a written
protocol, who represent various disciplines from the point of a
report of child maltreatment to assure the most effective
coordinated response possible for every child. Employees from
each participating entity shall be included on the MDT. A CAC's
MDT must include professionals involved in the coordination,
investigation, and prosecution of child abuse cases, including
the CAC's staff, participating law enforcement agencies, the
county state's attorney, and the Illinois Department of
Children and Family Services, and must include professionals
involved in the delivery of services to victims of child
maltreatment and non-offending parent or parents, caregiver,
and their families.
    "National Children's Alliance" or "NCA" means the
professional membership organization dedicated to helping
local communities respond to allegations of child abuse in an
effective and efficient manner. NCA provides training,
support, technical assistance and leadership on a national
level to state and local CACs and communities responding to
reports of child maltreatment. NCA is the national organization
that provides the standards for CAC accreditation.
    "Protocol" means a written methodology defining the
responsibilities of each of the MDT members in the
investigation and prosecution of child maltreatment within a
defined jurisdiction. Written protocols are signed documents
and are reviewed and/or updated annually, at a minimum, by a
CAC's Advisory Board.
(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
 
    (55 ILCS 80/4.5 new)
    Sec. 4.5. Forensic interviews; electronic recordings.
    (a) Consent is not required for a forensic interview to be
electronically recorded. Failure to record does not render a
forensic interview inadmissible.
    (b) A forensic interview, an electronic recording, or a
forensic interview transcription or electronic recording is
confidential and exempt from public inspection and copying
under Section 7.5 of the Freedom of Information Act 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.
    (c) Nothing in this Act shall be construed to limit or
prohibit electronically recorded forensic interviewing in
accordance with Article 14 of the Criminal Code of 2012 or
Article 108A or Article 108B of the Code of Criminal Procedure
of 1963.
 
    Section 99. Effective date. This Act takes effect January
1, 2020.

Effective Date: 1/1/2020