Illinois General Assembly - Full Text of HB5862
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Full Text of HB5862  98th General Assembly




HB5862 EngrossedLRB098 19312 RLC 54464 b

1    AN ACT concerning courts.
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 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
9maintained arrest and criminal history information maintained
10by State or local criminal justice agencies shall be furnished
11as soon as practical, but in no event later than 72 hours after
12the arrest, notwithstanding the time limits otherwise provided
13for in Section 3 of this Act: (i) information that identifies
14the individual, including the name, age, address, and
15photograph, when and if available; (ii) information detailing
16any charges relating to the arrest; (iii) the time and location
17of the arrest; (iv) the name of the investigating or arresting
18law enforcement agency; (v) if the individual is incarcerated,
19the amount of any bail or bond; and (vi) if the individual is
20incarcerated, the time and date that the individual was
21received into, discharged from, or transferred from the
22arresting agency's custody.
23    (b) Criminal history records. The following documents



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1maintained by a public body pertaining to criminal history
2record information are public records subject to inspection and
3copying by the public pursuant to this Act: (i) court records
4that are public; (ii) records that are otherwise available
5under State or local law; and (iii) records in which the
6requesting party is the individual identified, except as
7provided under subdivisions (1)(d)(vi) and (1)(ii) of Section 7
8of this Act 7(1)(d)(vi).
9    (c) Information described in items (iii) through (vi) of
10subsection (a) may be withheld if it is determined that
11disclosure would: (i) interfere with pending or actually and
12reasonably contemplated law enforcement proceedings conducted
13by any law enforcement agency; (ii) endanger the life or
14physical safety of law enforcement or correctional personnel or
15any other person; or (iii) compromise the security of any
16correctional facility.
17    (d) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20(Source: P.A. 96-542, eff. 1-1-10.)
21    (5 ILCS 140/7)  (from Ch. 116, par. 207)
22    Sec. 7. Exemptions.
23    (1) When a request is made to inspect or copy a public
24record that contains information that is exempt from disclosure
25under this Section, but also contains information that is not



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1exempt from disclosure, the public body may elect to redact the
2information that is exempt. The public body shall make the
3remaining information available for inspection and copying.
4Subject to this requirement, the following shall be exempt from
5inspection and copying:
6        (a) Information specifically prohibited from
7    disclosure by federal or State law or rules and regulations
8    implementing federal or State law.
9        (b) Private information, unless disclosure is required
10    by another provision of this Act, a State or federal law or
11    a court order.
12        (b-5) Files, documents, and other data or databases
13    maintained by one or more law enforcement agencies and
14    specifically designed to provide information to one or more
15    law enforcement agencies regarding the physical or mental
16    status of one or more individual subjects.
17        (c) Personal information contained within public
18    records, the disclosure of which would constitute a clearly
19    unwarranted invasion of personal privacy, unless the
20    disclosure is consented to in writing by the individual
21    subjects of the information. "Unwarranted invasion of
22    personal privacy" means the disclosure of information that
23    is highly personal or objectionable to a reasonable person
24    and in which the subject's right to privacy outweighs any
25    legitimate public interest in obtaining the information.
26    The disclosure of information that bears on the public



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1    duties of public employees and officials shall not be
2    considered an invasion of personal privacy.
3        (d) Records in the possession of any public body
4    created in the course of administrative enforcement
5    proceedings, and any law enforcement or correctional
6    agency for law enforcement purposes, but only to the extent
7    that disclosure would:
8            (i) interfere with pending or actually and
9        reasonably contemplated law enforcement proceedings
10        conducted by any law enforcement or correctional
11        agency that is the recipient of the request;
12            (ii) interfere with active administrative
13        enforcement proceedings conducted by the public body
14        that is the recipient of the request;
15            (iii) create a substantial likelihood that a
16        person will be deprived of a fair trial or an impartial
17        hearing;
18            (iv) unavoidably disclose the identity of a
19        confidential source, confidential information
20        furnished only by the confidential source, or persons
21        who file complaints with or provide information to
22        administrative, investigative, law enforcement, or
23        penal agencies; except that the identities of
24        witnesses to traffic accidents, traffic accident
25        reports, and rescue reports shall be provided by
26        agencies of local government, except when disclosure



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1        would interfere with an active criminal investigation
2        conducted by the agency that is the recipient of the
3        request;
4            (v) disclose unique or specialized investigative
5        techniques other than those generally used and known or
6        disclose internal documents of correctional agencies
7        related to detection, observation or investigation of
8        incidents of crime or misconduct, and disclosure would
9        result in demonstrable harm to the agency or public
10        body that is the recipient of the request;
11            (vi) endanger the life or physical safety of law
12        enforcement personnel or any other person; or
13            (vii) obstruct an ongoing criminal investigation
14        by the agency that is the recipient of the request.
15        (d-5) A law enforcement record created for law
16    enforcement purposes and contained in a shared electronic
17    record management system if the law enforcement agency that
18    is the recipient of the request did not create the record,
19    did not participate in or have a role in any of the events
20    which are the subject of the record, and only has access to
21    the record through the shared electronic record management
22    system.
23        (e) Records that relate to or affect the security of
24    correctional institutions and detention facilities.
25        (e-5) Records requested by persons committed to the
26    Department of Corrections if those materials are available



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1    in the library of the correctional facility where the
2    inmate is confined.
3        (e-6) Records requested by persons committed to the
4    Department of Corrections if those materials include
5    records from staff members' personnel files, staff
6    rosters, or other staffing assignment information.
7        (e-7) Records requested by persons committed to the
8    Department of Corrections if those materials are available
9    through an administrative request to the Department of
10    Corrections.
11        (f) Preliminary drafts, notes, recommendations,
12    memoranda and other records in which opinions are
13    expressed, or policies or actions are formulated, except
14    that a specific record or relevant portion of a record
15    shall not be exempt when the record is publicly cited and
16    identified by the head of the public body. The exemption
17    provided in this paragraph (f) extends to all those records
18    of officers and agencies of the General Assembly that
19    pertain to the preparation of legislative documents.
20        (g) Trade secrets and commercial or financial
21    information obtained from a person or business where the
22    trade secrets or commercial or financial information are
23    furnished under a claim that they are proprietary,
24    privileged or confidential, and that disclosure of the
25    trade secrets or commercial or financial information would
26    cause competitive harm to the person or business, and only



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1    insofar as the claim directly applies to the records
2    requested.
3        The information included under this exemption includes
4    all trade secrets and commercial or financial information
5    obtained by a public body, including a public pension fund,
6    from a private equity fund or a privately held company
7    within the investment portfolio of a private equity fund as
8    a result of either investing or evaluating a potential
9    investment of public funds in a private equity fund. The
10    exemption contained in this item does not apply to the
11    aggregate financial performance information of a private
12    equity fund, nor to the identity of the fund's managers or
13    general partners. The exemption contained in this item does
14    not apply to the identity of a privately held company
15    within the investment portfolio of a private equity fund,
16    unless the disclosure of the identity of a privately held
17    company may cause competitive harm.
18        Nothing contained in this paragraph (g) shall be
19    construed to prevent a person or business from consenting
20    to disclosure.
21        (h) Proposals and bids for any contract, grant, or
22    agreement, including information which if it were
23    disclosed would frustrate procurement or give an advantage
24    to any person proposing to enter into a contractor
25    agreement with the body, until an award or final selection
26    is made. Information prepared by or for the body in



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1    preparation of a bid solicitation shall be exempt until an
2    award or final selection is made.
3        (i) Valuable formulae, computer geographic systems,
4    designs, drawings and research data obtained or produced by
5    any public body when disclosure could reasonably be
6    expected to produce private gain or public loss. The
7    exemption for "computer geographic systems" provided in
8    this paragraph (i) does not extend to requests made by news
9    media as defined in Section 2 of this Act when the
10    requested information is not otherwise exempt and the only
11    purpose of the request is to access and disseminate
12    information regarding the health, safety, welfare, or
13    legal rights of the general public.
14        (j) The following information pertaining to
15    educational matters:
16            (i) test questions, scoring keys and other
17        examination data used to administer an academic
18        examination;
19            (ii) information received by a primary or
20        secondary school, college, or university under its
21        procedures for the evaluation of faculty members by
22        their academic peers;
23            (iii) information concerning a school or
24        university's adjudication of student disciplinary
25        cases, but only to the extent that disclosure would
26        unavoidably reveal the identity of the student; and



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1            (iv) course materials or research materials used
2        by faculty members.
3        (k) Architects' plans, engineers' technical
4    submissions, and other construction related technical
5    documents for projects not constructed or developed in
6    whole or in part with public funds and the same for
7    projects constructed or developed with public funds,
8    including but not limited to power generating and
9    distribution stations and other transmission and
10    distribution facilities, water treatment facilities,
11    airport facilities, sport stadiums, convention centers,
12    and all government owned, operated, or occupied buildings,
13    but only to the extent that disclosure would compromise
14    security.
15        (l) Minutes of meetings of public bodies closed to the
16    public as provided in the Open Meetings Act until the
17    public body makes the minutes available to the public under
18    Section 2.06 of the Open Meetings Act.
19        (m) Communications between a public body and an
20    attorney or auditor representing the public body that would
21    not be subject to discovery in litigation, and materials
22    prepared or compiled by or for a public body in
23    anticipation of a criminal, civil or administrative
24    proceeding upon the request of an attorney advising the
25    public body, and materials prepared or compiled with
26    respect to internal audits of public bodies.



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1        (n) Records relating to a public body's adjudication of
2    employee grievances or disciplinary cases; however, this
3    exemption shall not extend to the final outcome of cases in
4    which discipline is imposed.
5        (o) Administrative or technical information associated
6    with automated data processing operations, including but
7    not limited to software, operating protocols, computer
8    program abstracts, file layouts, source listings, object
9    modules, load modules, user guides, documentation
10    pertaining to all logical and physical design of
11    computerized systems, employee manuals, and any other
12    information that, if disclosed, would jeopardize the
13    security of the system or its data or the security of
14    materials exempt under this Section.
15        (p) Records relating to collective negotiating matters
16    between public bodies and their employees or
17    representatives, except that any final contract or
18    agreement shall be subject to inspection and copying.
19        (q) Test questions, scoring keys, and other
20    examination data used to determine the qualifications of an
21    applicant for a license or employment.
22        (r) The records, documents, and information relating
23    to real estate purchase negotiations until those
24    negotiations have been completed or otherwise terminated.
25    With regard to a parcel involved in a pending or actually
26    and reasonably contemplated eminent domain proceeding



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1    under the Eminent Domain Act, records, documents and
2    information relating to that parcel shall be exempt except
3    as may be allowed under discovery rules adopted by the
4    Illinois Supreme Court. The records, documents and
5    information relating to a real estate sale shall be exempt
6    until a sale is consummated.
7        (s) Any and all proprietary information and records
8    related to the operation of an intergovernmental risk
9    management association or self-insurance pool or jointly
10    self-administered health and accident cooperative or pool.
11    Insurance or self insurance (including any
12    intergovernmental risk management association or self
13    insurance pool) claims, loss or risk management
14    information, records, data, advice or communications.
15        (t) Information contained in or related to
16    examination, operating, or condition reports prepared by,
17    on behalf of, or for the use of a public body responsible
18    for the regulation or supervision of financial
19    institutions or insurance companies, unless disclosure is
20    otherwise required by State law.
21        (u) Information that would disclose or might lead to
22    the disclosure of secret or confidential information,
23    codes, algorithms, programs, or private keys intended to be
24    used to create electronic or digital signatures under the
25    Electronic Commerce Security Act.
26        (v) Vulnerability assessments, security measures, and



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1    response policies or plans that are designed to identify,
2    prevent, or respond to potential attacks upon a community's
3    population or systems, facilities, or installations, the
4    destruction or contamination of which would constitute a
5    clear and present danger to the health or safety of the
6    community, but only to the extent that disclosure could
7    reasonably be expected to jeopardize the effectiveness of
8    the measures or the safety of the personnel who implement
9    them or the public. Information exempt under this item may
10    include such things as details pertaining to the
11    mobilization or deployment of personnel or equipment, to
12    the operation of communication systems or protocols, or to
13    tactical operations.
14        (w) (Blank).
15        (x) Maps and other records regarding the location or
16    security of generation, transmission, distribution,
17    storage, gathering, treatment, or switching facilities
18    owned by a utility, by a power generator, or by the
19    Illinois Power Agency.
20        (y) Information contained in or related to proposals,
21    bids, or negotiations related to electric power
22    procurement under Section 1-75 of the Illinois Power Agency
23    Act and Section 16-111.5 of the Public Utilities Act that
24    is determined to be confidential and proprietary by the
25    Illinois Power Agency or by the Illinois Commerce
26    Commission.



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1        (z) Information about students exempted from
2    disclosure under Sections 10-20.38 or 34-18.29 of the
3    School Code, and information about undergraduate students
4    enrolled at an institution of higher education exempted
5    from disclosure under Section 25 of the Illinois Credit
6    Card Marketing Act of 2009.
7        (aa) Information the disclosure of which is exempted
8    under the Viatical Settlements Act of 2009.
9        (bb) Records and information provided to a mortality
10    review team and records maintained by a mortality review
11    team appointed under the Department of Juvenile Justice
12    Mortality Review Team Act.
13        (cc) Information regarding interments, entombments, or
14    inurnments of human remains that are submitted to the
15    Cemetery Oversight Database under the Cemetery Care Act or
16    the Cemetery Oversight Act, whichever is applicable.
17        (dd) Correspondence and records (i) that may not be
18    disclosed under Section 11-9 of the Public Aid Code or (ii)
19    that pertain to appeals under Section 11-8 of the Public
20    Aid Code.
21        (ee) The names, addresses, or other personal
22    information of persons who are minors and are also
23    participants and registrants in programs of park
24    districts, forest preserve districts, conservation
25    districts, recreation agencies, and special recreation
26    associations.



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1        (ff) The names, addresses, or other personal
2    information of participants and registrants in programs of
3    park districts, forest preserve districts, conservation
4    districts, recreation agencies, and special recreation
5    associations where such programs are targeted primarily to
6    minors.
7        (gg) Confidential information described in Section
8    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
9        (hh) The report submitted to the State Board of
10    Education by the School Security and Standards Task Force
11    under item (8) of subsection (d) of Section 2-3.157 of the
12    School Code and any information contained in that report.
13        (ii) Law enforcement and court records of juveniles
14    charged with county or municipal ordinance violations.
15    (1.5) Any information exempt from disclosure under the
16Judicial Privacy Act shall be redacted from public records
17prior to disclosure under this Act.
18    (2) A public record that is not in the possession of a
19public body but is in the possession of a party with whom the
20agency has contracted to perform a governmental function on
21behalf of the public body, and that directly relates to the
22governmental function and is not otherwise exempt under this
23Act, shall be considered a public record of the public body,
24for purposes of this Act.
25    (3) This Section does not authorize withholding of
26information or limit the availability of records to the public,



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1except as stated in this Section or otherwise provided in this
3(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
497-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
57-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
6eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13.)