HB5271 101ST GENERAL ASSEMBLY

LRB101 19255 LNS 68719 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5271

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Domestic Violence Act of 1986 by creating the Domestic Violence Fatality Review Team Law. Authorizes the creation of Domestic Violence Fatality Review Teams to identify and review the circumstances that led to domestic violence-related homicides and identify strategies to prevent future fatalities. Allows, for the limited purpose of domestic violence fatality reviews, the disclosure to Team members of any information deemed confidential, privileged, or prohibited from disclosure by any other Act. Provides that confidential information obtained by a Team shall remain confidential and may not be disclosed by the Team. Provides that the proceedings, records, opinions, and deliberations of a Team are privileged. Limits the liability for a Team member or a person providing information to a Team for civil damages arising out of an official act or an omission during the gathering or processing of information by a Team, except for acts or omissions that constitute willful or wanton misconduct or acts performed outside the scope of the authority of the Team. Provides that the Office of the Attorney General shall convene a statewide Domestic Violence Fatality Review Advisory Council to advise regarding the development and implementation of Domestic Violence Fatality Review Teams and study the feasibility of an electronic database of orders of protection issued in the State. Requires the Office of the Attorney General and the Advisory Council to issue a biennial statewide report on Domestic Violence Fatality Review Teams. Makes other changes. Amends the Freedom of Information Act. Exempts information gathered by a Domestic Violence Fatality Review Team from the requirements of the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning domestic violence.

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

Section 5. The Illinois Domestic Violence Act of 1986 is amended by adding Article V as follows:

(750 ILCS 60/Art. V heading new)

ARTICLE V

FATALITY REVIEW TEAMS

(750 ILCS 60/501 new)

Sec. 501. Short title. This Article may be cited as the Domestic Violence Fatality Review Team Law.

(750 ILCS 60/505 new)

Sec. 505. Purpose. The purpose of this Article is to allow the creation of teams to identify and review the circumstances that led to domestic violence-related homicides and identify strategies to prevent future fatalities.

(750 ILCS 60/510 new)

Sec. 510. Domestic Violence Fatality Review Teams.

(a) A county or group of counties or a municipality may establish a Domestic Violence Fatality Review Team. The Team shall identify intimate partner violence-related homicides, review the circumstances that led to those deaths, and identify strategies to prevent future fatalities. For the purposes of this Article, "intimate partners" include: (i) spouses or former spouses; (ii) persons who have or allegedly have a child in common; and (iii) persons who have or had a dating or engagement relationship.

(b) Teams may determine which intimate partner violence-related homicides to review, but may not review cases under investigation by law enforcement or while an action is pending in criminal or civil court.

(c) Teams may be comprised of members who serve on an ongoing basis and members who serve on a case-specific basis.

(d) Teams shall include, but are not limited to, representatives from the following:

(1) coroners or medical examiners;

(2) judges and courts;

(3) the investigating law enforcement agency;

(4) prosecutors;

(5) a local domestic violence agency;

(6) health care professionals or emergency response personnel; and

(7) child welfare representatives.

(e) Teams may also include, but are not limited to, the following:

(1) mental health treatment providers;

(2) corrections and domestic partner abuse intervention providers;

(3) representatives from domestic violence programs;

(4) representatives from an area institution of higher education;

(5) city council members;

(6) survivors of domestic violence;

(7) county commissioners;

(8) local members of the clergy; and

(9) a family member of a decedent whose death resulted from domestic abuse.

(f) Teams shall have access to all appropriate information and records in possession of public and private agencies that are relevant to the review of a domestic violence fatality. This access includes, but is not limited to, access to victim and perpetrator medical, dental, and mental health records, pathologist reports, coroner and medical examiner records, direct service records, records of law enforcement agencies, records from the Department of Corrections and parole and probation departments, reports from states and governments, court records and information, and employment records. For the limited purpose of domestic violence fatality reviews, this subsection permits the disclosure to Team members of any information deemed confidential, privileged, or prohibited from disclosure by any other Act. Release of confidential communication between domestic violence advocates and a domestic violence victim shall follow subsection (d) of Section 227, which allows for the waiver of privilege afforded to guardians or executors or administrators of the estate of the domestic violence victim.

(750 ILCS 60/515 new)

Sec. 515. Information; confidentiality. Meetings of Domestic Violence Fatality Review Teams shall be closed to the public and not subject to the Open Meetings Act. Confidential information obtained by a Team shall remain confidential and may not be disclosed by the Team. The proceedings, records, opinions, and deliberations of a Team are privileged and are not subject to discovery, subpoena, the Freedom of Information Act, or introduction into evidence in any civil action in any manner that would directly or indirectly identify specific persons or cases reviewed by the Team. Release of confidential communications between domestic violence advocates and a domestic violence victim shall follow the provisions of subsection (d) of Section 227, which allows for the waiver of privilege afforded to guardians or executors or administrators of the estate of the domestic violence victim.

(750 ILCS 60/520 new)

Sec. 520. Liability. No member of a Team and no person providing information to a Team is liable for civil damages arising out of an official act or omission during the gathering or processing of information by a Team, except for acts or omissions that constitute willful or wanton misconduct on the part of the member or person providing information, or acts performed outside the scope of the authority of the Team.

(750 ILCS 60/525 new)

Sec. 525. Statewide coordination.

(a) The Office of the Attorney General shall convene a statewide Domestic Violence Fatality Review Advisory Council including, but not limited to, representatives from the following professions:

(1) coroners or medical examiners;

(2) judges and courts;

(3) law enforcement;

(4) prosecutors;

(5) domestic violence programs and partner abuse intervention programs; and

(6) health care.

The Council shall advise regarding the development and implementation of Domestic Violence Fatality Review Teams.

(b) Domestic Violence Fatality Review Teams shall report annually to the Office of the Attorney General for compilation.

(c) The Council shall also study the feasibility of an electronic database of orders of protection issued in this State, accessible only to law enforcement personnel, prosecutors, prosecutorial staff, judges, and court personnel.

(750 ILCS 60/530 new)

Sec. 530. Report to General Assembly. A biennial statewide report on Domestic Violence Fatality Review Teams shall be issued by the Office of the Attorney General and the Advisory Council to the Illinois General Assembly in December of even-numbered years. The annual report in December of 2022 shall contain a recommendation as to whether or not the domestic violence review process provided for in this Article should continue or be terminated.

Section 10. 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 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) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) (oo) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) (pp) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) (qq) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information gathered by a Domestic Violence Fatality Review Team under Article V of the Illinois Domestic Violence Act of 1986.

(Source: P.A. 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; 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised 1-6-20.)