Full Text of HB5862 98th General Assembly
HB5862ham001 98TH GENERAL ASSEMBLY | Rep. Jeanne M Ives Filed: 4/3/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5862
| 2 | | AMENDMENT NO. ______. Amend House Bill 5862 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 2.15 and 7 as follows: | 6 | | (5 ILCS 140/2.15)
| 7 | | Sec. 2.15. Arrest reports and criminal history records. | 8 | | (a) Arrest reports. The following chronologically | 9 | | maintained arrest and criminal history information maintained | 10 | | by State or local criminal justice agencies shall be furnished | 11 | | as soon as practical, but in no event later than 72 hours after | 12 | | the arrest, notwithstanding the time limits otherwise provided | 13 | | for in Section 3 of this Act: (i) information that identifies | 14 | | the individual, including the name, age, address, and | 15 | | photograph, when and if available; (ii) information detailing | 16 | | any charges relating to the arrest; (iii) the time and location |
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| 1 | | of the arrest; (iv) the name of the investigating or arresting | 2 | | law enforcement agency; (v) if the individual is incarcerated, | 3 | | the amount of any bail or bond; and (vi) if the individual is | 4 | | incarcerated, the time and date that the individual was | 5 | | received into, discharged from, or transferred from the | 6 | | arresting agency's custody. | 7 | | (b) Criminal history records. The following documents | 8 | | maintained by a public body pertaining to
criminal history | 9 | | record information are public records subject to inspection and | 10 | | copying by the
public pursuant to this Act: (i) court records | 11 | | that are public; (ii) records that are otherwise
available | 12 | | under State or local law; and (iii) records in which the | 13 | | requesting party is the individual
identified, except as | 14 | | provided under subdivisions (1)(d)(vi) and (1)(ii) of Section 7 | 15 | | of this Act 7(1)(d)(vi) . | 16 | | (c) Information described in items (iii) through (vi) of | 17 | | subsection (a) may be withheld if it is
determined that | 18 | | disclosure would: (i) interfere with pending or actually and | 19 | | reasonably contemplated law enforcement proceedings conducted | 20 | | by any law enforcement agency; (ii) endanger the life or | 21 | | physical safety of law enforcement or correctional personnel or | 22 | | any other person; or (iii) compromise the security of any | 23 | | correctional facility. | 24 | | (d) The provisions of this Section do not supersede the | 25 | | confidentiality provisions for arrest records of the Juvenile | 26 | | Court Act of 1987.
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| 1 | | (Source: P.A. 96-542, eff. 1-1-10.) | 2 | | (5 ILCS 140/7) (from Ch. 116, par. 207) | 3 | | Sec. 7. Exemptions.
| 4 | | (1) When a request is made to inspect or copy a public | 5 | | record that contains information that is exempt from disclosure | 6 | | under this Section, but also contains information that is not | 7 | | exempt from disclosure, the public body may elect to redact the | 8 | | information that is exempt. The public body shall make the | 9 | | remaining information available for inspection and copying. | 10 | | Subject to this requirement, the following shall be exempt from | 11 | | inspection and copying:
| 12 | | (a) Information specifically prohibited from | 13 | | disclosure by federal or
State law or rules and regulations | 14 | | implementing federal or State law.
| 15 | | (b) Private information, unless disclosure is required | 16 | | by another provision of this Act, a State or federal law or | 17 | | a court order. | 18 | | (b-5) Files, documents, and other data or databases | 19 | | maintained by one or more law enforcement agencies and | 20 | | specifically designed to provide information to one or more | 21 | | law enforcement agencies regarding the physical or mental | 22 | | status of one or more individual subjects. | 23 | | (c) Personal information contained within public | 24 | | records, the disclosure of which would constitute a clearly
| 25 | | unwarranted invasion of personal privacy, unless the |
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| 1 | | disclosure is
consented to in writing by the individual | 2 | | subjects of the information. "Unwarranted invasion of | 3 | | personal privacy" means the disclosure of information that | 4 | | is highly personal or objectionable to a reasonable person | 5 | | and in which the subject's right to privacy outweighs any | 6 | | legitimate public interest in obtaining the information. | 7 | | The
disclosure of information that bears on the public | 8 | | duties of public
employees and officials shall not be | 9 | | considered an invasion of personal
privacy.
| 10 | | (d) Records in the possession of any public body | 11 | | created in the course of administrative enforcement
| 12 | | proceedings, and any law enforcement or correctional | 13 | | agency for
law enforcement purposes,
but only to the extent | 14 | | that disclosure would:
| 15 | | (i) interfere with pending or actually and | 16 | | reasonably contemplated
law enforcement proceedings | 17 | | conducted by any law enforcement or correctional
| 18 | | agency that is the recipient of the request;
| 19 | | (ii) interfere with active administrative | 20 | | enforcement proceedings
conducted by the public body | 21 | | that is the recipient of the request;
| 22 | | (iii) create a substantial likelihood that a | 23 | | person will be deprived of a fair trial or an impartial | 24 | | hearing;
| 25 | | (iv) unavoidably disclose the identity of a | 26 | | confidential source, confidential information |
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| 1 | | furnished only by the confidential source, or persons | 2 | | who file complaints with or provide information to | 3 | | administrative, investigative, law enforcement, or | 4 | | penal agencies; except that the identities of | 5 | | witnesses to traffic accidents, traffic accident | 6 | | reports, and rescue reports shall be provided by | 7 | | agencies of local government, except when disclosure | 8 | | would interfere with an active criminal investigation | 9 | | conducted by the agency that is the recipient of the | 10 | | request;
| 11 | | (v) disclose unique or specialized investigative | 12 | | techniques other than
those generally used and known or | 13 | | disclose internal documents of
correctional agencies | 14 | | related to detection, observation or investigation of
| 15 | | incidents of crime or misconduct, and disclosure would | 16 | | result in demonstrable harm to the agency or public | 17 | | body that is the recipient of the request;
| 18 | | (vi) endanger the life or physical safety of law | 19 | | enforcement personnel
or any other person; or
| 20 | | (vii) obstruct an ongoing criminal investigation | 21 | | by the agency that is the recipient of the request.
| 22 | | (d-5) A law enforcement record created for law | 23 | | enforcement purposes and contained in a shared electronic | 24 | | record management system if the law enforcement agency that | 25 | | is the recipient of the request did not create the record, | 26 | | did not participate in or have a role in any of the events |
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| 1 | | which are the subject of the record, and only has access to | 2 | | the record through the shared electronic record management | 3 | | system. | 4 | | (e) Records that relate to or affect the security of | 5 | | correctional
institutions and detention facilities.
| 6 | | (e-5) Records requested by persons committed to the | 7 | | Department of Corrections if those materials are available | 8 | | in the library of the correctional facility where the | 9 | | inmate is confined. | 10 | | (e-6) Records requested by persons committed to the | 11 | | Department of Corrections if those materials include | 12 | | records from staff members' personnel files, staff | 13 | | rosters, or other staffing assignment information. | 14 | | (e-7) Records requested by persons committed to the | 15 | | Department of Corrections if those materials are available | 16 | | through an administrative request to the Department of | 17 | | Corrections. | 18 | | (f) Preliminary drafts, notes, recommendations, | 19 | | memoranda and other
records in which opinions are | 20 | | expressed, or policies or actions are
formulated, except | 21 | | that a specific record or relevant portion of a
record | 22 | | shall not be exempt when the record is publicly cited
and | 23 | | identified by the head of the public body. The exemption | 24 | | provided in
this paragraph (f) extends to all those records | 25 | | of officers and agencies
of the General Assembly that | 26 | | pertain to the preparation of legislative
documents.
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| 1 | | (g) Trade secrets and commercial or financial | 2 | | information obtained from
a person or business where the | 3 | | trade secrets or commercial or financial information are | 4 | | furnished under a claim that they are
proprietary, | 5 | | privileged or confidential, and that disclosure of the | 6 | | trade
secrets or commercial or financial information would | 7 | | cause competitive harm to the person or business, and only | 8 | | insofar as the claim directly applies to the records | 9 | | requested. | 10 | | The information included under this exemption includes | 11 | | all trade secrets and commercial or financial information | 12 | | obtained by a public body, including a public pension fund, | 13 | | from a private equity fund or a privately held company | 14 | | within the investment portfolio of a private equity fund as | 15 | | a result of either investing or evaluating a potential | 16 | | investment of public funds in a private equity fund. The | 17 | | exemption contained in this item does not apply to the | 18 | | aggregate financial performance information of a private | 19 | | equity fund, nor to the identity of the fund's managers or | 20 | | general partners. The exemption contained in this item does | 21 | | not apply to the identity of a privately held company | 22 | | within the investment portfolio of a private equity fund, | 23 | | unless the disclosure of the identity of a privately held | 24 | | company may cause competitive harm. | 25 | | Nothing contained in this
paragraph (g) shall be | 26 | | construed to prevent a person or business from
consenting |
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| 1 | | to disclosure.
| 2 | | (h) Proposals and bids for any contract, grant, or | 3 | | agreement, including
information which if it were | 4 | | disclosed would frustrate procurement or give
an advantage | 5 | | to any person proposing to enter into a contractor | 6 | | agreement
with the body, until an award or final selection | 7 | | is made. Information
prepared by or for the body in | 8 | | preparation of a bid solicitation shall be
exempt until an | 9 | | award or final selection is made.
| 10 | | (i) Valuable formulae,
computer geographic systems,
| 11 | | designs, drawings and research data obtained or
produced by | 12 | | any public body when disclosure could reasonably be | 13 | | expected to
produce private gain or public loss.
The | 14 | | exemption for "computer geographic systems" provided in | 15 | | this paragraph
(i) does not extend to requests made by news | 16 | | media as defined in Section 2 of
this Act when the | 17 | | requested information is not otherwise exempt and the only
| 18 | | purpose of the request is to access and disseminate | 19 | | information regarding the
health, safety, welfare, or | 20 | | legal rights of the general public.
| 21 | | (j) The following information pertaining to | 22 | | educational matters: | 23 | | (i) test questions, scoring keys and other | 24 | | examination data used to
administer an academic | 25 | | examination;
| 26 | | (ii) information received by a primary or |
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| 1 | | secondary school, college, or university under its | 2 | | procedures for the evaluation of faculty members by | 3 | | their academic peers; | 4 | | (iii) information concerning a school or | 5 | | university's adjudication of student disciplinary | 6 | | cases, but only to the extent that disclosure would | 7 | | unavoidably reveal the identity of the student; and | 8 | | (iv) course materials or research materials used | 9 | | by faculty members. | 10 | | (k) Architects' plans, engineers' technical | 11 | | submissions, and
other
construction related technical | 12 | | documents for
projects not constructed or developed in | 13 | | whole or in part with public funds
and the same for | 14 | | projects constructed or developed with public funds, | 15 | | including but not limited to power generating and | 16 | | distribution stations and other transmission and | 17 | | distribution facilities, water treatment facilities, | 18 | | airport facilities, sport stadiums, convention centers, | 19 | | and all government owned, operated, or occupied buildings, | 20 | | but
only to the extent
that disclosure would compromise | 21 | | security.
| 22 | | (l) Minutes of meetings of public bodies closed to the
| 23 | | public as provided in the Open Meetings Act until the | 24 | | public body
makes the minutes available to the public under | 25 | | Section 2.06 of the Open
Meetings Act.
| 26 | | (m) Communications between a public body and an |
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| 1 | | attorney or auditor
representing the public body that would | 2 | | not be subject to discovery in
litigation, and materials | 3 | | prepared or compiled by or for a public body in
| 4 | | anticipation of a criminal, civil or administrative | 5 | | proceeding upon the
request of an attorney advising the | 6 | | public body, and materials prepared or
compiled with | 7 | | respect to internal audits of public bodies.
| 8 | | (n) Records relating to a public body's adjudication of | 9 | | employee grievances or disciplinary cases; however, this | 10 | | exemption shall not extend to the final outcome of cases in | 11 | | which discipline is imposed.
| 12 | | (o) Administrative or technical information associated | 13 | | with automated
data processing operations, including but | 14 | | not limited to software,
operating protocols, computer | 15 | | program abstracts, file layouts, source
listings, object | 16 | | modules, load modules, user guides, documentation
| 17 | | pertaining to all logical and physical design of | 18 | | computerized systems,
employee manuals, and any other | 19 | | information that, if disclosed, would
jeopardize the | 20 | | security of the system or its data or the security of
| 21 | | materials exempt under this Section.
| 22 | | (p) Records relating to collective negotiating matters
| 23 | | between public bodies and their employees or | 24 | | representatives, except that
any final contract or | 25 | | agreement shall be subject to inspection and copying.
| 26 | | (q) Test questions, scoring keys, and other |
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| 1 | | examination data used to determine the qualifications of an | 2 | | applicant for a license or employment.
| 3 | | (r) The records, documents, and information relating | 4 | | to real estate
purchase negotiations until those | 5 | | negotiations have been completed or
otherwise terminated. | 6 | | With regard to a parcel involved in a pending or
actually | 7 | | and reasonably contemplated eminent domain proceeding | 8 | | under the Eminent Domain Act, records, documents and
| 9 | | information relating to that parcel shall be exempt except | 10 | | as may be
allowed under discovery rules adopted by the | 11 | | Illinois Supreme Court. The
records, documents and | 12 | | information relating to a real estate sale shall be
exempt | 13 | | until a sale is consummated.
| 14 | | (s) Any and all proprietary information and records | 15 | | related to the
operation of an intergovernmental risk | 16 | | management association or
self-insurance pool or jointly | 17 | | self-administered health and accident
cooperative or pool.
| 18 | | Insurance or self insurance (including any | 19 | | intergovernmental risk management association or self | 20 | | insurance pool) claims, loss or risk management | 21 | | information, records, data, advice or communications.
| 22 | | (t) Information contained in or related to | 23 | | examination, operating, or
condition reports prepared by, | 24 | | on behalf of, or for the use of a public
body responsible | 25 | | for the regulation or supervision of financial
| 26 | | institutions or insurance companies, unless disclosure is |
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| 1 | | otherwise
required by State law.
| 2 | | (u) Information that would disclose
or might lead to | 3 | | the disclosure of
secret or confidential information, | 4 | | codes, algorithms, programs, or private
keys intended to be | 5 | | used to create electronic or digital signatures under the
| 6 | | Electronic Commerce Security Act.
| 7 | | (v) Vulnerability assessments, security measures, and | 8 | | response policies
or plans that are designed to identify, | 9 | | prevent, or respond to potential
attacks upon a community's | 10 | | population or systems, facilities, or installations,
the | 11 | | destruction or contamination of which would constitute a | 12 | | clear and present
danger to the health or safety of the | 13 | | community, but only to the extent that
disclosure could | 14 | | reasonably be expected to jeopardize the effectiveness of | 15 | | the
measures or the safety of the personnel who implement | 16 | | them or the public.
Information exempt under this item may | 17 | | include such things as details
pertaining to the | 18 | | mobilization or deployment of personnel or equipment, to | 19 | | the
operation of communication systems or protocols, or to | 20 | | tactical operations.
| 21 | | (w) (Blank). | 22 | | (x) Maps and other records regarding the location or | 23 | | security of generation, transmission, distribution, | 24 | | storage, gathering,
treatment, or switching facilities | 25 | | owned by a utility, by a power generator, or by the | 26 | | Illinois Power Agency.
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| 1 | | (y) Information contained in or related to proposals, | 2 | | bids, or negotiations related to electric power | 3 | | procurement under Section 1-75 of the Illinois Power Agency | 4 | | Act and Section 16-111.5 of the Public Utilities Act that | 5 | | is determined to be confidential and proprietary by the | 6 | | Illinois Power Agency or by the Illinois Commerce | 7 | | Commission.
| 8 | | (z) Information about students exempted from | 9 | | disclosure under Sections 10-20.38 or 34-18.29 of the | 10 | | School Code, and information about undergraduate students | 11 | | enrolled at an institution of higher education exempted | 12 | | from disclosure under Section 25 of the Illinois Credit | 13 | | Card Marketing Act of 2009. | 14 | | (aa) Information the disclosure of which is
exempted | 15 | | under the Viatical Settlements Act of 2009.
| 16 | | (bb) Records and information provided to a mortality | 17 | | review team and records maintained by a mortality review | 18 | | team appointed under the Department of Juvenile Justice | 19 | | Mortality Review Team Act. | 20 | | (cc) Information regarding interments, entombments, or | 21 | | inurnments of human remains that are submitted to the | 22 | | Cemetery Oversight Database under the Cemetery Care Act or | 23 | | the Cemetery Oversight Act, whichever is applicable. | 24 | | (dd) Correspondence and records (i) that may not be | 25 | | disclosed under Section 11-9 of the Public Aid Code or (ii) | 26 | | that pertain to appeals under Section 11-8 of the Public |
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| 1 | | Aid Code. | 2 | | (ee) The names, addresses, or other personal | 3 | | information of persons who are minors and are also | 4 | | participants and registrants in programs of park | 5 | | districts, forest preserve districts, conservation | 6 | | districts, recreation agencies, and special recreation | 7 | | associations. | 8 | | (ff) The names, addresses, or other personal | 9 | | information of participants and registrants in programs of | 10 | | park districts, forest preserve districts, conservation | 11 | | districts, recreation agencies, and special recreation | 12 | | associations where such programs are targeted primarily to | 13 | | minors. | 14 | | (gg) Confidential information described in Section | 15 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | 16 | | (hh) The report submitted to the State Board of | 17 | | Education by the School Security and Standards Task Force | 18 | | under item (8) of subsection (d) of Section 2-3.157 of the | 19 | | School Code and any information contained in that report. | 20 | | (ii) Law enforcement and court records of juveniles | 21 | | charged with county or municipal ordinance violations. | 22 | | (1.5) Any information exempt from disclosure under the | 23 | | Judicial Privacy Act shall be redacted from public records | 24 | | prior to disclosure under this Act. | 25 | | (2) A public record that is not in the possession of a | 26 | | public body but is in the possession of a party with whom the |
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| 1 | | agency has contracted to perform a governmental function on | 2 | | behalf of the public body, and that directly relates to the | 3 | | governmental function and is not otherwise exempt under this | 4 | | Act, shall be considered a public record of the public body, | 5 | | for purposes of this Act. | 6 | | (3) This Section does not authorize withholding of | 7 | | information or limit the
availability of records to the public, | 8 | | except as stated in this Section or
otherwise provided in this | 9 | | Act.
| 10 | | (Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; | 11 | | 97-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. | 12 | | 7-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, | 13 | | eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13.)".
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