Illinois General Assembly - Full Text of HB3515
Illinois General Assembly

Previous General Assemblies

Full Text of HB3515  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Peter Breen


5 ILCS 140/7.5
210 ILCS 28/30
320 ILCS 20/7.5
320 ILCS 20/15

    Amends the Freedom of Information Act. In a Section concerning statutory exemptions, removes references to specified records and information protected under the following Acts: the Abuse Prevention Review Team Act; Brian's Law; and the Adult Protective Services Act. Makes corresponding changes in the Abuse Prevention Review Team Act, Brian's Law, and the Adult Protective Services Act.

LRB100 10168 HEP 20349 b





HB3515LRB100 10168 HEP 20349 b

1    AN ACT concerning 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



HB3515- 2 -LRB100 10168 HEP 20349 b

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 wireless
25    carriers under the Wireless Emergency Telephone Safety
26    Act.



HB3515- 3 -LRB100 10168 HEP 20349 b

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



HB3515- 4 -LRB100 10168 HEP 20349 b

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



HB3515- 5 -LRB100 10168 HEP 20349 b

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) (Blank). 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) (Blank). Records and information provided to a
25    fatality review team or the Illinois Fatality Review Team
26    Advisory Council under Section 15 of the Adult Protective



HB3515- 6 -LRB100 10168 HEP 20349 b

1    Services 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) (dd) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
15eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
1699-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
1799-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
188-19-16; revised 9-1-16.)
19    Section 10. The Abuse Prevention Review Team Act is amended
20by changing Section 30 as follows:
21    (210 ILCS 28/30)
22    Sec. 30. Public access to information.
23    (a) Meetings of the review teams and the Executive Council
24shall be closed to the public. Meetings of the review teams and



HB3515- 7 -LRB100 10168 HEP 20349 b

1the Executive Council are not subject to the Open Meetings Act,
2as provided in that Act.
3    (b) Records and information provided to a review team and
4the Executive Council, and records maintained by a review team
5or the Executive Council, are confidential and not subject to
6the Freedom of Information Act, as provided in that Act.
7Nothing contained in this subsection (b) prevents the sharing
8or disclosure of records, other than those produced by a review
9team or the Executive Council, relating or pertaining to the
10sexual assault or death of a resident.
11    (c) Members of a review team and the Executive Council are
12not subject to examination, in any civil or criminal
13proceeding, concerning information presented to members of the
14review team or the Executive Council or opinions formed by
15members of the review team or the Executive Council based on
16that information. A person may, however, be examined concerning
17information provided to a review team or the Executive Council
18that is otherwise available to the public.
19    (d) Records and information produced by a review team and
20the Executive Council are not subject to discovery or subpoena
21and are not admissible as evidence in any civil or criminal
22proceeding. Those records and information are, however,
23subject to discovery or a subpoena, and are admissible as
24evidence, to the extent they are otherwise available to the
26(Source: P.A. 93-577, eff. 8-21-03.)



HB3515- 8 -LRB100 10168 HEP 20349 b

1    Section 15. The Adult Protective Services Act is amended by
2changing Sections 7.5 and 15 as follows:
3    (320 ILCS 20/7.5)
4    Sec. 7.5. Registry.
5    (a) To protect individuals receiving in-home and
6community-based services, the Department on Aging shall
7establish an Adult Protective Service Registry that will be
8hosted by the Department of Public Health on its website
9effective January 1, 2015, and, if practicable, shall propose
10rules for the Registry by January 1, 2015.
11    (a-5) The Registry shall identify caregivers against whom a
12verified and substantiated finding was made under this Act of
13abuse, neglect, or financial exploitation.
14    The information in the Registry shall be confidential
15except as specifically authorized in this Act and shall not be
16deemed a public record.
17    (a-10) Reporting to the Registry. The Department on Aging
18shall report to the Registry the identity of the caregiver when
19a verified and substantiated finding of abuse, neglect, or
20financial exploitation of an eligible adult under this Act is
21made against a caregiver, and all appeals, challenges, and
22reviews, if any, have been completed and a finding for
23placement on the Registry has been sustained or upheld.
24    A finding against a caregiver that is placed in the



HB3515- 9 -LRB100 10168 HEP 20349 b

1Registry shall preclude that caregiver from providing direct
2care, as defined in this Section, in a position with or that is
3regulated by or paid with public funds from the Department on
4Aging, the Department of Healthcare and Family Services, the
5Department of Human Services, or the Department of Public
6Health or with an entity or provider licensed, certified, or
7regulated by or paid with public funds from any of these State
9    (b) Definitions. As used in this Section:
10    "Direct care" includes, but is not limited to, direct
11access to a person aged 60 or older or to an adult with
12disabilities aged 18 through 59, his or her living quarters, or
13his or her personal, financial, or medical records for the
14purpose of providing nursing care or assistance with feeding,
15dressing, movement, bathing, toileting, other personal needs
16and activities of daily living or instrumental activities of
17daily living, or assistance with financial transactions.
18    "Participant" means an individual who uses the services of
19an in-home care program funded through the Department on Aging,
20the Department of Healthcare and Family Services, the
21Department of Human Services, or the Department of Public
23    (c) Access to and use of the Registry. Access to the
24Registry shall be limited to the Department on Aging, the
25Department of Healthcare and Family Services, the Department of
26Human Services, and the Department of Public Health and



HB3515- 10 -LRB100 10168 HEP 20349 b

1providers of direct care as described in subsection (a-10) of
2this Section. These State agencies and providers shall not
3hire, compensate either directly or on behalf of a participant,
4or utilize the services of any person seeking to provide direct
5care without first conducting an online check of whether the
6person has been placed on the Registry. These State agencies
7and providers shall maintain a copy of the results of the
8online check to demonstrate compliance with this requirement.
9These State agencies and providers are prohibited from
10retaining, hiring, compensating either directly or on behalf of
11a participant, or utilizing the services of a person to provide
12direct care if the online check of the person reveals a
13verified and substantiated finding of abuse, neglect, or
14financial exploitation that has been placed on the Registry or
15when the State agencies or providers otherwise gain knowledge
16of such placement on the Registry. Failure to comply with this
17requirement may subject such a provider to corrective action by
18the appropriate regulatory agency or other lawful remedies
19provided under the applicable licensure, certification, or
20regulatory laws and rules.
21    (d) Notice to caregiver. The Department on Aging shall
22establish rules concerning notice to the caregiver in cases of
23a verified and substantiated finding of abuse, neglect, or
24financial exploitation against him or her that may make him or
25her eligible for placement on the Registry.
26    (e) Notification to eligible adults, guardians, or agents.



HB3515- 11 -LRB100 10168 HEP 20349 b

1As part of its investigation, the Department on Aging shall
2notify an eligible adult, or an eligible adult's guardian or
3agent, that his or her caregiver's name may be placed on the
4Registry based on a finding as described in subsection (a-10)
5of this Section.
6    (f) Notification to employer. The Department on Aging shall
7notify the appropriate State agency or provider of direct care,
8as described in subsection (a-10), when there is a verified and
9substantiated finding of abuse, neglect, or financial
10exploitation in a case under this Act that is reported on the
11Registry and that involves one of its caregivers. That State
12agency or provider is prohibited from retaining or compensating
13that individual in a position that involves direct care, and if
14there is an imminent risk of danger to the victim or an
15imminent risk of misuse of personal, medical, or financial
16information, that caregiver shall immediately be barred from
17providing direct care to the victim pending the outcome of any
18challenge, appeal, criminal prosecution, or other type of
19collateral action.
20    (g) Challenges and appeals. The Department on Aging shall
21establish, by rule, procedures concerning challenges and
22appeals to placement on the Registry pursuant to legislative
23intent. The Department shall not make any report to the
24Registry pending challenges or appeals.
25    (h) Caregiver's rights to collateral action. The
26Department on Aging shall not make any report to the Registry



HB3515- 12 -LRB100 10168 HEP 20349 b

1if a caregiver notifies the Department in writing that he or
2she is formally challenging an adverse employment action
3resulting from a verified and substantiated finding of abuse,
4neglect, or financial exploitation by complaint filed with the
5Illinois Civil Service Commission, or by another means which
6seeks to enforce the caregiver's rights pursuant to any
7applicable collective bargaining agreement. If an action taken
8by an employer against a caregiver as a result of such a
9finding is overturned through an action filed with the Illinois
10Civil Service Commission or under any applicable collective
11bargaining agreement after that caregiver's name has already
12been sent to the Registry, the caregiver's name shall be
13removed from the Registry.
14    (i) Removal from Registry. At any time after a report to
15the Registry, but no more than once in each successive 3-year
16period thereafter, for a maximum of 3 such requests, a
17caregiver may request removal of his or her name from the
18Registry in relationship to a single incident. The caregiver
19shall bear the burden of establishing, by a preponderance of
20the evidence, that removal of his or her name from the Registry
21is in the public interest. Upon receiving such a request, the
22Department on Aging shall conduct an investigation and consider
23any evidentiary material provided. The Department shall issue a
24decision either granting or denying removal to the caregiver
25and report it to the Registry. The Department shall, by rule,
26establish standards and a process for requesting the removal of



HB3515- 13 -LRB100 10168 HEP 20349 b

1a name from the Registry.
2    (j) Referral of Registry reports to health care facilities.
3In the event an eligible adult receiving services from a
4provider agency changes his or her residence from a domestic
5living situation to that of a health care or long term care
6facility, the provider agency shall use reasonable efforts to
7promptly inform the facility and the appropriate Regional Long
8Term Care Ombudsman about any Registry reports relating to the
9eligible adult. For purposes of this Section, a health care or
10long term care facility includes, but is not limited to, any
11residential facility licensed, certified, or regulated by the
12Department of Public Health, Healthcare and Family Services, or
13Human Services.
14    (k) The Department on Aging and its employees and agents
15shall have immunity, except for intentional willful and wanton
16misconduct, from any liability, civil, criminal, or otherwise,
17for reporting information to and maintaining the Registry.
18(Source: P.A. 98-49, eff. 1-1-14; 98-756, eff. 7-16-14;
1998-1039, eff. 8-25-14; 99-78, eff. 7-20-15.)
20    (320 ILCS 20/15)
21    Sec. 15. Fatality review teams.
22    (a) State policy.
23        (1) Both the State and the community maintain a
24    commitment to preventing the abuse, neglect, and financial
25    exploitation of at-risk adults. This includes a charge to



HB3515- 14 -LRB100 10168 HEP 20349 b

1    bring perpetrators of crimes against at-risk adults to
2    justice and prevent untimely deaths in the community.
3        (2) When an at-risk adult dies, the response to the
4    death by the community, law enforcement, and the State must
5    include an accurate and complete determination of the cause
6    of death, and the development and implementation of
7    measures to prevent future deaths from similar causes.
8        (3) Multidisciplinary and multi-agency reviews of
9    deaths can assist the State and counties in developing a
10    greater understanding of the incidence and causes of
11    premature deaths and the methods for preventing those
12    deaths, improving methods for investigating deaths, and
13    identifying gaps in services to at-risk adults.
14        (4) Access to information regarding the deceased
15    person and his or her family by multidisciplinary and
16    multi-agency fatality review teams is necessary in order to
17    fulfill their purposes and duties.
18    (a-5) Definitions. As used in this Section:
19        "Advisory Council" means the Illinois Fatality Review
20    Team Advisory Council.
21        "Review Team" means a regional interagency fatality
22    review team.
23    (b) The Director, in consultation with the Advisory
24Council, law enforcement, and other professionals who work in
25the fields of investigating, treating, or preventing abuse or
26neglect of at-risk adults, shall appoint members to a minimum



HB3515- 15 -LRB100 10168 HEP 20349 b

1of one review team in each of the Department's planning and
2service areas. Each member of a review team shall be appointed
3for a 2-year term and shall be eligible for reappointment upon
4the expiration of the term. A review team's purpose in
5conducting review of at-risk adult deaths is: (i) to assist
6local agencies in identifying and reviewing suspicious deaths
7of adult victims of alleged, suspected, or substantiated abuse
8or neglect in domestic living situations; (ii) to facilitate
9communications between officials responsible for autopsies and
10inquests and persons involved in reporting or investigating
11alleged or suspected cases of abuse, neglect, or financial
12exploitation of at-risk adults and persons involved in
13providing services to at-risk adults; (iii) to evaluate means
14by which the death might have been prevented; and (iv) to
15report its findings to the appropriate agencies and the
16Advisory Council and make recommendations that may help to
17reduce the number of at-risk adult deaths caused by abuse and
18neglect and that may help to improve the investigations of
19deaths of at-risk adults and increase prosecutions, if
21    (b-5) Each such team shall be composed of representatives
22of entities and individuals including, but not limited to:
23        (1) the Department on Aging;
24        (2) coroners or medical examiners (or both);
25        (3) State's Attorneys;
26        (4) local police departments;



HB3515- 16 -LRB100 10168 HEP 20349 b

1        (5) forensic units;
2        (6) local health departments;
3        (7) a social service or health care agency that
4    provides services to persons with mental illness, in a
5    program whose accreditation to provide such services is
6    recognized by the Division of Mental Health within the
7    Department of Human Services;
8        (8) a social service or health care agency that
9    provides services to persons with developmental
10    disabilities, in a program whose accreditation to provide
11    such services is recognized by the Division of
12    Developmental Disabilities within the Department of Human
13    Services;
14        (9) a local hospital, trauma center, or provider of
15    emergency medicine;
16        (10) providers of services for eligible adults in
17    domestic living situations; and
18        (11) a physician, psychiatrist, or other health care
19    provider knowledgeable about abuse and neglect of at-risk
20    adults.
21    (c) A review team shall review cases of deaths of at-risk
22adults occurring in its planning and service area (i) involving
23blunt force trauma or an undetermined manner or suspicious
24cause of death; (ii) if requested by the deceased's attending
25physician or an emergency room physician; (iii) upon referral
26by a health care provider; (iv) upon referral by a coroner or



HB3515- 17 -LRB100 10168 HEP 20349 b

1medical examiner; (v) constituting an open or closed case from
2an adult protective services agency, law enforcement agency,
3State's Attorney's office, or the Department of Human Services'
4Office of the Inspector General that involves alleged or
5suspected abuse, neglect, or financial exploitation; or (vi)
6upon referral by a law enforcement agency or State's Attorney's
7office. If such a death occurs in a planning and service area
8where a review team has not yet been established, the Director
9shall request that the Advisory Council or another review team
10review that death. A team may also review deaths of at-risk
11adults if the alleged abuse or neglect occurred while the
12person was residing in a domestic living situation.
13    A review team shall meet not less than 4 times a year to
14discuss cases for its possible review. Each review team, with
15the advice and consent of the Department, shall establish
16criteria to be used in discussing cases of alleged, suspected,
17or substantiated abuse or neglect for review and shall conduct
18its activities in accordance with any applicable policies and
19procedures established by the Department.
20    (c-5) The Illinois Fatality Review Team Advisory Council,
21consisting of one member from each review team in Illinois,
22shall be the coordinating and oversight body for review teams
23and activities in Illinois. The Director may appoint to the
24Advisory Council any ex-officio members deemed necessary.
25Persons with expertise needed by the Advisory Council may be
26invited to meetings. The Advisory Council must select from its



HB3515- 18 -LRB100 10168 HEP 20349 b

1members a chairperson and a vice-chairperson, each to serve a
22-year term. The chairperson or vice-chairperson may be
3selected to serve additional, subsequent terms. The Advisory
4Council must meet at least 4 times during each calendar year.
5    The Department may provide or arrange for the staff support
6necessary for the Advisory Council to carry out its duties. The
7Director, in cooperation and consultation with the Advisory
8Council, shall appoint, reappoint, and remove review team
10    The Advisory Council has, but is not limited to, the
11following duties:
12        (1) To serve as the voice of review teams in Illinois.
13        (2) To oversee the review teams in order to ensure that
14    the review teams' work is coordinated and in compliance
15    with State statutes and the operating protocol.
16        (3) To ensure that the data, results, findings, and
17    recommendations of the review teams are adequately used in
18    a timely manner to make any necessary changes to the
19    policies, procedures, and State statutes in order to
20    protect at-risk adults.
21        (4) To collaborate with the Department in order to
22    develop any legislation needed to prevent unnecessary
23    deaths of at-risk adults.
24        (5) To ensure that the review teams' review processes
25    are standardized in order to convey data, findings, and
26    recommendations in a usable format.



HB3515- 19 -LRB100 10168 HEP 20349 b

1        (6) To serve as a link with review teams throughout the
2    country and to participate in national review team
3    activities.
4        (7) To provide the review teams with the most current
5    information and practices concerning at-risk adult death
6    review and related topics.
7        (8) To perform any other functions necessary to enhance
8    the capability of the review teams to reduce and prevent
9    at-risk adult fatalities.
10    The Advisory Council may prepare an annual report, in
11consultation with the Department, using aggregate data
12gathered by review teams and using the review teams'
13recommendations to develop education, prevention, prosecution,
14or other strategies designed to improve the coordination of
15services for at-risk adults and their families.
16    In any instance where a review team does not operate in
17accordance with established protocol, the Director, in
18consultation and cooperation with the Advisory Council, must
19take any necessary actions to bring the review team into
20compliance with the protocol.
21    (d) Any document or oral or written communication shared
22within or produced by the review team relating to a case
23discussed or reviewed by the review team is confidential and is
24not admissible as evidence in any civil or criminal proceeding,
25except for use by a State's Attorney's office in prosecuting a
26criminal case against a caregiver. Those records and



HB3515- 20 -LRB100 10168 HEP 20349 b

1information are, however, subject to discovery or subpoena, and
2are admissible as evidence, to the extent they are otherwise
3available to the public.
4    Any document or oral or written communication provided to a
5review team by an individual or entity, and created by that
6individual or entity solely for the use of the review team, is
7confidential, is not subject to disclosure to or discoverable
8by another party, and is not admissible as evidence in any
9civil or criminal proceeding, except for use by a State's
10Attorney's office in prosecuting a criminal case against a
11caregiver. Those records and information are, however, subject
12to discovery or subpoena, and are admissible as evidence, to
13the extent they are otherwise available to the public.
14    Each entity or individual represented on the fatality
15review team may share with other members of the team
16information in the entity's or individual's possession
17concerning the decedent who is the subject of the review or
18concerning any person who was in contact with the decedent, as
19well as any other information deemed by the entity or
20individual to be pertinent to the review. Any such information
21shared by an entity or individual with other members of the
22review team is confidential. The intent of this paragraph is to
23permit the disclosure to members of the review team of any
24information deemed confidential or privileged or prohibited
25from disclosure by any other provision of law. Release of
26confidential communication between domestic violence advocates



HB3515- 21 -LRB100 10168 HEP 20349 b

1and a domestic violence victim shall follow subsection (d) of
2Section 227 of the Illinois Domestic Violence Act of 1986 which
3allows for the waiver of privilege afforded to guardians,
4executors, or administrators of the estate of the domestic
5violence victim. This provision relating to the release of
6confidential communication between domestic violence advocates
7and a domestic violence victim shall exclude adult protective
8service providers.
9    A coroner's or medical examiner's office may share with the
10review team medical records that have been made available to
11the coroner's or medical examiner's office in connection with
12that office's investigation of a death.
13    Members of a review team and the Advisory Council are not
14subject to examination, in any civil or criminal proceeding,
15concerning information presented to members of the review team
16or the Advisory Council or opinions formed by members of the
17review team or the Advisory Council based on that information.
18A person may, however, be examined concerning information
19provided to a review team or the Advisory Council.
20    (d-5) Meetings of the review teams and the Advisory Council
21may be closed to the public under the Open Meetings Act.
22Records and information provided to a review team and the
23Advisory Council, and records maintained by a team or the
24Advisory Council, are exempt from release under the Freedom of
25Information Act.
26    (e) A review team's recommendation in relation to a case



HB3515- 22 -LRB100 10168 HEP 20349 b

1discussed or reviewed by the review team, including, but not
2limited to, a recommendation concerning an investigation or
3prosecution, may be disclosed by the review team upon the
4completion of its review and at the discretion of a majority of
5its members who reviewed the case.
6    (e-5) The State shall indemnify and hold harmless members
7of a review team and the Advisory Council for all their acts,
8omissions, decisions, or other conduct arising out of the scope
9of their service on the review team or Advisory Council, except
10those involving willful or wanton misconduct. The method of
11providing indemnification shall be as provided in the State
12Employee Indemnification Act.
13    (f) The Department, in consultation with coroners, medical
14examiners, and law enforcement agencies, shall use aggregate
15data gathered by and recommendations from the Advisory Council
16and the review teams to create an annual report and may use
17those data and recommendations to develop education,
18prevention, prosecution, or other strategies designed to
19improve the coordination of services for at-risk adults and
20their families. The Department or other State or county agency,
21in consultation with coroners, medical examiners, and law
22enforcement agencies, also may use aggregate data gathered by
23the review teams to create a database of at-risk individuals.
24    (g) The Department shall adopt such rules and regulations
25as it deems necessary to implement this Section.
26(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14; 99-78,



HB3515- 23 -LRB100 10168 HEP 20349 b

1eff. 7-20-15; 99-530, eff. 1-1-17.)