093_HB3197eng

 
HB3197 Engrossed                     LRB093 10753 DRJ 11147 b

 1        AN ACT in relation to health.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Nursing Home Resident Sexual Assault and  Death  Review  Team
 6    Act.

 7        Section  5.  State  policy.  The following statements are
 8    the policy of this State:
 9             (1)  Every nursing home resident is entitled to live
10        in safety  and  decency  and  to  receive  competent  and
11        respectful  care that meets the requirements of State and
12        federal law.
13             (2)  Responding to sexual assaults on  nursing  home
14        residents and to unnecessary nursing home resident deaths
15        is a State and a community responsibility.
16             (3)  When   a  nursing  home  resident  is  sexually
17        assaulted or dies  unnecessarily,  the  response  by  the
18        State  and  the  community  to  the assault or death must
19        include an accurate and  complete  determination  of  the
20        cause  of  the  assault  or death and the development and
21        implementation of measures to prevent future assaults  or
22        deaths  from  similar  causes.  The  response may include
23        court action, including prosecution of persons who may be
24        responsible for the assault or death and  proceedings  to
25        protect   other  residents  of  the  facility  where  the
26        resident lived, and disciplinary action  against  persons
27        who failed to meet their professional responsibilities to
28        the resident.
29             (4)  Professionals  from  disparate  disciplines and
30        agencies  who  have  responsibilities  for  nursing  home
31        residents and expertise that can promote resident  safety
 
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 1        and well-being should share their expertise and knowledge
 2        so  that  the  goals  of determining the causes of sexual
 3        assaults and unnecessary resident  deaths,  planning  and
 4        providing services to surviving residents, and preventing
 5        future assaults and unnecessary deaths can be achieved.
 6             (5)  A  greater  understanding  of the incidence and
 7        causes of sexual assaults against nursing home  residents
 8        and unnecessary nursing home resident deaths is necessary
 9        if   the   State   is  to  prevent  future  assaults  and
10        unnecessary deaths.
11             (6)  Multi-disciplinary and multi-agency reviews  of
12        sexual   assaults  against  nursing  home  residents  and
13        unnecessary nursing home resident deaths can  assist  the
14        State  and  counties in (i) investigating resident sexual
15        assaults  and   deaths,   (ii)   developing   a   greater
16        understanding  of  the  incidence  and causes of resident
17        sexual assault and deaths and the methods for  preventing
18        those  assaults and deaths, and (iii) identifying gaps in
19        services to nursing home residents.
20             (7)  Access to information regarding  assaulted  and
21        deceased nursing home residents by multi-disciplinary and
22        multi-agency  nursing  home  resident  sexual assault and
23        death review  teams  is  necessary  for  those  teams  to
24        achieve their purposes and duties.

25        Section 10.  Definitions. As used in this Act, unless the
26    context requires otherwise:
27        "Department" means the Department of Public Health.
28        "Director" means the Director of Public Health.
29        "Executive  Council"  means  the  Illinois  Nursing  Home
30    Resident  Sexual  Assault  and  Death  Review Teams Executive
31    Council.
32        "Resident" means  a  person  residing  in  and  receiving
33    personal care from a facility licensed under the Nursing Home
 
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 1    Care Act.
 2        "Review  team"  means  a  nursing  home  resident  sexual
 3    assault and death review team appointed under this Act.

 4        Section  15.  Nursing  home  resident  sexual assault and
 5    death review teams; establishment.
 6        (a)  The Director, in  consultation  with  the  Executive
 7    Council   and   with   law  enforcement  agencies  and  other
 8    professionals  who  work  in  the  field  of   investigating,
 9    treating,  or  preventing  nursing  home  resident  abuse  or
10    neglect in each of the Department's administrative regions of
11    the  State,  shall appoint members to a nursing home resident
12    sexual assault and death review  team  in  each  such  region
13    outside  Cook  County and to at least one review team in Cook
14    County. The members of a team shall be appointed  for  2-year
15    terms  and  shall  be  eligible  for  reappointment  upon the
16    expiration of their terms.
17        (b)  Each nursing home resident sexual assault and  death
18    review team shall consist of at least one member from each of
19    the following categories:
20             (1)  Geriatrician  or  other physician knowledgeable
21        about nursing home resident abuse and neglect.
22             (2)   Representative of the Department.
23             (3)  State's   Attorney   or   State's    Attorney's
24        representative.
25             (4)  Representative   of  a  local  law  enforcement
26        agency.
27             (5)  Representative   of   the   Illinois   Attorney
28        General.
29             (6)  Psychologist or psychiatrist.
30             (7)  Representative of a local health department.
31             (8)  Representative of a social  service  or  health
32        care agency that provides services to persons with mental
33        illness, in a program whose accreditation to provide such
 
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 1        services  is  recognized  by  the Office of Mental Health
 2        within the Department of Human Services.
 3             (9)  Representative of a social  service  or  health
 4        care  agency  that  provides  services  to  persons  with
 5        developmental    disabilities,   in   a   program   whose
 6        accreditation to provide such services is  recognized  by
 7        the  Office  of  Developmental  Disabilities  within  the
 8        Department of Human Services.
 9             (10)  Coroner or forensic pathologist.
10             (11)  Representative    of   the   local   sub-state
11        ombudsman.
12             (12)  Representative  of  a  nursing  home  resident
13        advocacy organization.
14             (13)  Representative of  a  local  hospital,  trauma
15        center, or provider of emergency medical services.
16             (14)  Representative   of   an   organization   that
17        represents nursing homes.
18        Each review team may make recommendations to the Director
19    concerning  additional  appointments. Each review team member
20    must  have  demonstrated  experience  and  an   interest   in
21    investigating,  treating, or preventing nursing home resident
22    abuse or neglect.
23        (c)  Each nursing home resident sexual assault and  death
24    review  team  shall  select  a  chairperson  from  among  its
25    members.  The  chairperson  shall  also serve on the Illinois
26    Nursing Home Sexual Assault and Death Review Teams  Executive
27    Council.

28        Section  20.  Reviews  of  nursing  home  resident sexual
29    assaults and deaths.
30        (a)  Every sexual assault  of  a  nursing  home  resident
31    shall  be reviewed by the review team for the region that has
32    primary case management responsibility.
33        (b)  Every death of a  nursing  home  resident  shall  be
 
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 1    reviewed  by  the review team for the region that has primary
 2    case management responsibility, if the deceased  resident  is
 3    one of the following:
 4             (1)  A   person  whose  care  the  Department  found
 5        violated federal or State  standards  in  the  12  months
 6        preceding the resident's death.
 7             (2)  A  person  whose  care  was  the  subject  of a
 8        complaint to the Department in the 30 days preceding  the
 9        resident's death, or after the resident's death. A review
10        team   may,  at  its  discretion,  review  other  sudden,
11        unexpected, or unexplained nursing home resident deaths.
12        (c)  A review team's purpose  in  conducting  reviews  of
13    resident sexual assaults and deaths is to do the following:
14             (1)  Assist  in  determining the cause and manner of
15        the resident's assault or death, when requested.
16             (2)  Evaluate means, if any, by which the assault or
17        death might have been prevented.
18             (3)  Report its findings to appropriate agencies and
19        make recommendations that may help to reduce  the  number
20        of  sexual  assaults on and unnecessary deaths of nursing
21        home residents.
22             (4)  Promote continuing education for  professionals
23        involved   in  investigating,  treating,  and  preventing
24        nursing home resident abuse and neglect  as  a  means  of
25        preventing  sexual  assaults  and  unnecessary  deaths of
26        nursing home residents.
27             (5)  Make specific recommendations to  the  Director
28        concerning   the   prevention   of  sexual  assaults  and
29        unnecessary deaths of  nursing  home  residents  and  the
30        establishment  of  protocols  for  investigating resident
31        sexual assaults and deaths.
32        (d)  A review team must review a sexual assault or  death
33    as  soon  as practicable and not later than 90 days following
34    the completion by the Department of the investigation of  the
 
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 1    assault  or death under the Nursing Home Care Act. When there
 2    has been no investigation by the Department, the review  team
 3    must  review  a  sexual assault or death within 90 days after
 4    obtaining the information necessary to  complete  the  review
 5    from  the  coroner,  pathologist,  medical  examiner,  or law
 6    enforcement agency, depending on the nature of  the  case.  A
 7    review team must meet at least once in each calendar quarter.
 8        (e)  Within  90 days after receiving recommendations made
 9    by a review team  under  item  (5)  of  subsection  (b),  the
10    Director must review those recommendations and respond to the
11    review  team. The Director shall implement recommendations as
12    feasible and appropriate and shall respond to the review team
13    in writing to explain the implementation or nonimplementation
14    of the recommendations.
15        (f)  In any instance when a review team does not  operate
16    in  accordance  with  established  protocol, the Director, in
17    consultation and cooperation with the Executive Council, must
18    take any necessary actions to  bring  the  review  team  into
19    compliance with the protocol.

20        Section 25.  Review team access to information.
21        (a)  The  Department  shall  provide to a review team, on
22    the request of the review team chairperson, all  records  and
23    information  in the Department's possession that are relevant
24    to the review team's review of a  sexual  assault  or  death,
25    including records and information concerning previous reports
26    or investigations of suspected abuse or neglect.
27        (b)  A  review  team shall have access to all records and
28    information that are relevant  to  its  review  of  a  sexual
29    assault  or  death  and in the possession of a State or local
30    governmental agency. These records and  information  include,
31    without  limitation, death certificates, all relevant medical
32    and mental health records, records of law enforcement  agency
33    investigations,   records  of  coroner  or  medical  examiner
 
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 1    investigations, records  of  the  Department  of  Corrections
 2    concerning  a  person's  parole,  records  of a probation and
 3    court services department, and records of a  social  services
 4    agency that provided services to the resident.

 5        Section 30.  Public access to information.
 6        (a)  Meetings  of  the  review  teams  and  the Executive
 7    Council shall be closed to the public. Meetings of the review
 8    teams and the Executive Council are not subject to  the  Open
 9    Meetings Act, as provided in that Act.
10        (b)  Records  and  information  provided to a review team
11    and the Executive Council, and records maintained by a review
12    team or the  Executive  Council,  are  confidential  and  not
13    subject  to  the  Freedom  of Information Act, as provided in
14    that Act.  Nothing contained in this subsection (b)  prevents
15    the  sharing  or  disclosure  of  records,  other  than those
16    produced by a review team or the Executive Council,  relating
17    or pertaining to the sexual assault or death of a resident.
18        (c)  Members  of  a review team and the Executive Council
19    are not subject to examination,  in  any  civil  or  criminal
20    proceeding,  concerning  information  presented to members of
21    the review team or the Executive Council or  opinions  formed
22    by  members of the review team or the Executive Council based
23    on that information.  A  person  may,  however,  be  examined
24    concerning  information  provided  to  a  review  team or the
25    Executive Council that is otherwise available to the public.
26        (d)  Records and information produced by  a  review  team
27    and  the  Executive  Council  are not subject to discovery or
28    subpoena and are not admissible as evidence in any  civil  or
29    criminal  proceeding.  Those  records  and  information  are,
30    however,   subject  to  discovery  or  a  subpoena,  and  are
31    admissible as evidence, to  the  extent  they  are  otherwise
32    available to the public.
 
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 1        Section  35.  Indemnification.  The State shall indemnify
 2    and hold harmless members of a review team and the  Executive
 3    Council  for  all  their acts, omissions, decisions, or other
 4    conduct arising out of the scope  of  their  service  on  the
 5    review  team  or  Executive  Council,  except those involving
 6    willful  or  wanton  misconduct.  The  method  of   providing
 7    indemnification  shall  be  as provided in the State Employee
 8    Indemnification Act.

 9        Section 40.  Executive Council.
10        (a)  The Illinois Nursing Home  Resident  Sexual  Assault
11    and  Death  Review Teams Executive Council, consisting of the
12    chairperson of each review team established under Section 15,
13    is the coordinating  and  oversight  body  for  nursing  home
14    resident sexual assault and death review teams and activities
15    in  Illinois.  The  vice-chairperson  of  a  review  team, as
16    designated by the chairperson, may serve as a back-up  member
17    or  an  alternate  member  of  the  Executive Council, if the
18    chairperson of the review team is unavailable to serve on the
19    Executive Council. The Director may appoint to the  Executive
20    Council any ex-officio members deemed necessary. Persons with
21    expertise  needed  by the Executive Council may be invited to
22    meetings. The Executive Council must select from its  members
23    a chairperson and a vice-chairperson, each to serve a 2-year,
24    renewable  term.  The  Executive Council must meet at least 4
25    times during each calendar year.
26        (b)  The Department must provide or arrange for the staff
27    support necessary for the Executive Council to carry out  its
28    duties.
29        (c)  The  Executive  Council  has, but is not limited to,
30    the following duties:
31             (1)  To serve as the voice of nursing home  resident
32        sexual assault and death review teams in Illinois.
33             (2)  To  consult  with  the  Director concerning the
 
HB3197 Engrossed            -9-      LRB093 10753 DRJ 11147 b
 1        appointment, reappointment, and removal  of  review  team
 2        members.
 3             (3)  To  oversee the review teams in order to ensure
 4        that the teams' work is  coordinated  and  in  compliance
 5        with the statutes and the operating protocol.
 6             (4)  To ensure that the data, results, findings, and
 7        recommendations  of  the review teams are adequately used
 8        to  make  any  necessary   changes   in   the   policies,
 9        procedures, and statutes in order to protect residents in
10        a timely manner.
11             (5)  To  collaborate  with the General Assembly, the
12        Department,  and  others  in   order   to   develop   any
13        legislation  needed  to  prevent  nursing  home  resident
14        sexual  assaults  and  unnecessary  deaths and to protect
15        nursing home residents.
16             (6)  To assist in the development of  quarterly  and
17        annual  reports based on the work and the findings of the
18        review teams.
19             (7)  To  ensure  that  the  review   teams'   review
20        processes  are  standardized  in  order  to  convey data,
21        findings, and recommendations in a usable format.
22             (8)  To serve as a link with nursing  home  resident
23        sexual  assault  and  death  review  teams throughout the
24        country and  to  participate  in  national  nursing  home
25        resident sexual assault and death review team activities.
26             (9)  To  develop  an  annual  statewide symposium to
27        update the knowledge and skills of  review  team  members
28        and to promote the exchange of information between review
29        teams.
30             (10)  To  provide  the  review  teams  with the most
31        current information and practices concerning nursing home
32        resident sexual assault and unnecessary death review  and
33        related topics.
34             (11)  To  perform  any  other functions necessary to
 
HB3197 Engrossed            -10-     LRB093 10753 DRJ 11147 b
 1        enhance the capability of the review teams to reduce  and
 2        prevent sexual assaults and unnecessary deaths of nursing
 3        home residents.

 4        Section 90.  The Open Meetings Act is amended by changing
 5    Section 2 as follows:

 6        (5 ILCS 120/2) (from Ch. 102, par. 42)
 7        Sec. 2.  Open meetings.
 8        (a)  Openness  required.   All  meetings of public bodies
 9    shall be open to the public unless excepted in subsection (c)
10    and closed in accordance with Section 2a.
11        (b)  Construction   of   exceptions.    The    exceptions
12    contained   in  subsection  (c)  are  in  derogation  of  the
13    requirement  that  public  bodies  meet  in  the  open,   and
14    therefore,  the  exceptions  are  to  be  strictly construed,
15    extending only to subjects clearly within their scope.    The
16    exceptions  authorize  but  do  not  require the holding of a
17    closed meeting  to  discuss  a  subject  included  within  an
18    enumerated exception.
19        (c)  Exceptions.   A public body may hold closed meetings
20    to consider the following subjects:
21             (1)  The  appointment,   employment,   compensation,
22        discipline,   performance,   or   dismissal  of  specific
23        employees of the public body, including hearing testimony
24        on a complaint lodged against an  employee  to  determine
25        its validity.
26             (2)  Collective   negotiating  matters  between  the
27        public body and its employees or  their  representatives,
28        or  deliberations  concerning salary schedules for one or
29        more classes of employees.
30             (3)  The selection of a  person  to  fill  a  public
31        office,  as defined in this Act, including a vacancy in a
32        public office, when the public body  is  given  power  to
 
HB3197 Engrossed            -11-     LRB093 10753 DRJ 11147 b
 1        appoint  under  law  or  ordinance,  or  the  discipline,
 2        performance  or  removal  of  the  occupant  of  a public
 3        office, when the public body is given power to remove the
 4        occupant under law or ordinance.
 5             (4)  Evidence  or  testimony   presented   in   open
 6        hearing,   or   in   closed  hearing  where  specifically
 7        authorized by  law,  to  a  quasi-adjudicative  body,  as
 8        defined  in this Act, provided that the body prepares and
 9        makes available for public inspection a written  decision
10        setting forth its determinative reasoning.
11             (5)  The  purchase or lease of real property for the
12        use of the public body, including meetings held  for  the
13        purpose  of discussing whether a particular parcel should
14        be acquired.
15             (6)  The setting of a price for  sale  or  lease  of
16        property owned by the public body.
17             (7)  The    sale    or   purchase   of   securities,
18        investments, or investment contracts.
19             (8)  Security procedures and the  use  of  personnel
20        and equipment to respond to an actual, a threatened, or a
21        reasonably  potential  danger to the safety of employees,
22        students, staff or public property.
23             (9)  Student disciplinary cases.
24             (10)  The  placement  of  individual   students   in
25        special  education programs and other matters relating to
26        individual students.
27             (11)  Litigation, when an action against,  affecting
28        or on behalf of the particular public body has been filed
29        and is pending before a court or administrative tribunal,
30        or  when the public body finds that an action is probable
31        or imminent, in which case  the  basis  for  the  finding
32        shall  be  recorded  and  entered into the minutes of the
33        closed meeting.
34             (12)  The establishment of reserves or settlement of
 
HB3197 Engrossed            -12-     LRB093 10753 DRJ 11147 b
 1        claims  as  provided  in  the  Local   Governmental   and
 2        Governmental  Employees  Tort  Immunity Act, if otherwise
 3        the disposition of a claim or potential  claim  might  be
 4        prejudiced,  or  the review or discussion of claims, loss
 5        or risk management information, records, data, advice  or
 6        communications from or with respect to any insurer of the
 7        public  body  or  any  intergovernmental  risk management
 8        association or self insurance pool of  which  the  public
 9        body is a member.
10             (13)  Conciliation  of  complaints of discrimination
11        in the sale or rental of housing,  when  closed  meetings
12        are  authorized  by the law or ordinance prescribing fair
13        housing  practices   and   creating   a   commission   or
14        administrative agency for their enforcement.
15             (14)  Informant sources, the hiring or assignment of
16        undercover  personnel  or equipment, or ongoing, prior or
17        future  criminal  investigations,  when  discussed  by  a
18        public body with criminal investigatory responsibilities.
19             (15)  Professional  ethics   or   performance   when
20        considered  by  an  advisory  body  appointed to advise a
21        licensing or regulatory agency on matters germane to  the
22        advisory body's field of competence.
23             (16)  Self  evaluation,  practices and procedures or
24        professional ethics, when meeting with  a  representative
25        of  a statewide association of which the public body is a
26        member.
27             (17)  The recruitment, credentialing, discipline  or
28        formal  peer  review  of  physicians or other health care
29        professionals  for  a  hospital,  or  other   institution
30        providing  medical  care,  that is operated by the public
31        body.
32             (18)  Deliberations for decisions  of  the  Prisoner
33        Review Board.
34             (19)  Review  or discussion of applications received
 
HB3197 Engrossed            -13-     LRB093 10753 DRJ 11147 b
 1        under the Experimental Organ  Transplantation  Procedures
 2        Act.
 3             (20)  The  classification  and discussion of matters
 4        classified as confidential or continued  confidential  by
 5        the State Employees Suggestion Award Board.
 6             (21)  Discussion  of  minutes  of  meetings lawfully
 7        closed under this Act, whether for purposes  of  approval
 8        by  the  body of the minutes or semi-annual review of the
 9        minutes as mandated by Section 2.06.
10             (22)  Deliberations  for  decisions  of  the   State
11        Emergency Medical Services Disciplinary Review Board.
12             (23)  The operation by a municipality of a municipal
13        utility  or  the operation of a municipal power agency or
14        municipal natural gas agency when the discussion involves
15        (i) contracts relating to the purchase, sale, or delivery
16        of electricity or natural gas  or  (ii)  the  results  or
17        conclusions of load forecast studies.
18             (24)  Meetings  of  a  nursing  home resident sexual
19        assault  and  death  review  team  or  the  Nursing  Home
20        Resident Sexual Assault and Death Review Teams  Executive
21        Council  under  the  Nursing Home Resident Sexual Assault
22        and Death Review Team Act.
23        (d)  Definitions.  For purposes of this Section:
24        "Employee" means a person employed by a public body whose
25    relationship   with   the   public   body   constitutes    an
26    employer-employee  relationship  under  the  usual common law
27    rules, and who is not an independent contractor.
28        "Public office" means a position created by or under  the
29    Constitution  or laws of this State, the occupant of which is
30    charged with the exercise of some portion  of  the  sovereign
31    power  of  this State. The term "public office" shall include
32    members  of  the  public  body,  but  it  shall  not  include
33    organizational positions filled by members  thereof,  whether
34    established  by law or by a public body itself, that exist to
 
HB3197 Engrossed            -14-     LRB093 10753 DRJ 11147 b
 1    assist the body in the conduct of its business.
 2        "Quasi-adjudicative body" means  an  administrative  body
 3    charged  by  law  or  ordinance  with  the  responsibility to
 4    conduct hearings, receive  evidence  or  testimony  and  make
 5    determinations  based  thereon,  but  does  not include local
 6    electoral boards when such bodies  are  considering  petition
 7    challenges.
 8        (e)  Final  action.   No  final  action may be taken at a
 9    closed meeting. Final action shall be preceded  by  a  public
10    recital  of  the  nature  of  the matter being considered and
11    other information that will inform the public of the business
12    being conducted.
13    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

14        Section 93.  The Freedom of Information Act is amended by
15    changing Section 7 as follows:

16        (5 ILCS 140/7) (from Ch. 116, par. 207)
17        Sec. 7.  Exemptions.
18        (1)  The following shall be exempt  from  inspection  and
19    copying:
20             (a)  Information    specifically   prohibited   from
21        disclosure  by  federal  or  State  law  or   rules   and
22        regulations adopted under federal or State law.
23             (b)  Information    that,    if   disclosed,   would
24        constitute a clearly  unwarranted  invasion  of  personal
25        privacy, unless the disclosure is consented to in writing
26        by  the  individual  subjects  of  the  information.  The
27        disclosure of information that bears on the public duties
28        of public employees and officials shall not be considered
29        an invasion of personal  privacy.   Information  exempted
30        under  this  subsection  (b)  shall  include  but  is not
31        limited to:
32                  (i)  files and personal information  maintained
 
HB3197 Engrossed            -15-     LRB093 10753 DRJ 11147 b
 1             with   respect   to  clients,  patients,  residents,
 2             students  or  other  individuals  receiving  social,
 3             medical,   educational,    vocational,    financial,
 4             supervisory  or  custodial care or services directly
 5             or  indirectly  from  federal  agencies  or   public
 6             bodies;
 7                  (ii)  personnel  files and personal information
 8             maintained with respect to employees, appointees  or
 9             elected  officials  of any public body or applicants
10             for those positions;
11                  (iii)  files    and    personal     information
12             maintained with respect to any applicant, registrant
13             or  licensee  by any public body cooperating with or
14             engaged    in    professional    or     occupational
15             registration, licensure or discipline;
16                  (iv)  information  required  of any taxpayer in
17             connection with the assessment or collection of  any
18             tax unless disclosure is otherwise required by State
19             statute; and
20                  (v)  information   revealing  the  identity  of
21             persons  who  file  complaints   with   or   provide
22             information  to  administrative,  investigative, law
23             enforcement or penal  agencies;  provided,  however,
24             that   identification   of   witnesses   to  traffic
25             accidents,  traffic  accident  reports,  and  rescue
26             reports  may  be  provided  by  agencies  of   local
27             government,  except  in  a case for which a criminal
28             investigation is  ongoing,  without  constituting  a
29             clearly  unwarranted   per  se  invasion of personal
30             privacy under this subsection.
31             (c)  Records  compiled  by  any  public   body   for
32        administrative   enforcement   proceedings  and  any  law
33        enforcement or correctional agency  for  law  enforcement
34        purposes  or  for  internal matters of a public body, but
 
HB3197 Engrossed            -16-     LRB093 10753 DRJ 11147 b
 1        only to the extent that disclosure would:
 2                  (i)  interfere with  pending  or  actually  and
 3             reasonably  contemplated law enforcement proceedings
 4             conducted by any  law  enforcement  or  correctional
 5             agency;
 6                  (ii)  interfere   with  pending  administrative
 7             enforcement  proceedings  conducted  by  any  public
 8             body;
 9                  (iii)  deprive a person of a fair trial  or  an
10             impartial hearing;
11                  (iv)  unavoidably  disclose  the  identity of a
12             confidential  source  or  confidential   information
13             furnished only by the confidential source;
14                  (v)  disclose     unique     or     specialized
15             investigative  techniques other than those generally
16             used and known or  disclose  internal  documents  of
17             correctional    agencies   related   to   detection,
18             observation or investigation of incidents  of  crime
19             or misconduct;
20                  (vi)  constitute   an   invasion   of  personal
21             privacy under subsection (b) of this Section;
22                  (vii)  endanger the life or physical safety  of
23             law enforcement personnel or any other person; or
24                  (viii)  obstruct     an     ongoing    criminal
25             investigation.
26             (d)  Criminal history record information  maintained
27        by  State  or local criminal justice agencies, except the
28        following which shall be open for public  inspection  and
29        copying:
30                  (i)  chronologically      maintained     arrest
31             information, such  as  traditional  arrest  logs  or
32             blotters;
33                  (ii)  the  name of a person in the custody of a
34             law enforcement agency and  the  charges  for  which
 
HB3197 Engrossed            -17-     LRB093 10753 DRJ 11147 b
 1             that person is being held;
 2                  (iii)  court records that are public;
 3                  (iv)  records   that  are  otherwise  available
 4             under State or local law; or
 5                  (v)  records in which the requesting  party  is
 6             the  individual identified, except as provided under
 7             part (vii) of paragraph (c)  of  subsection  (1)  of
 8             this Section.
 9             "Criminal  history  record  information"  means data
10        identifiable  to  an   individual   and   consisting   of
11        descriptions   or   notations   of  arrests,  detentions,
12        indictments, informations, pre-trial proceedings, trials,
13        or other formal events in the criminal justice system  or
14        descriptions  or notations of criminal charges (including
15        criminal violations of local  municipal  ordinances)  and
16        the   nature   of   any  disposition  arising  therefrom,
17        including sentencing, court or correctional  supervision,
18        rehabilitation  and  release.  The term does not apply to
19        statistical records and reports in which individuals  are
20        not  identified  and  from which their identities are not
21        ascertainable, or to information  that  is  for  criminal
22        investigative or intelligence purposes.
23             (e)  Records  that  relate to or affect the security
24        of correctional institutions and detention facilities.
25             (f)  Preliminary  drafts,  notes,   recommendations,
26        memoranda   and  other  records  in  which  opinions  are
27        expressed, or policies or actions are formulated,  except
28        that  a  specific  record or relevant portion of a record
29        shall not be exempt when the record is publicly cited and
30        identified by the head of the public body. The  exemption
31        provided  in  this  paragraph  (f)  extends  to all those
32        records of officers and agencies of the General  Assembly
33        that pertain to the preparation of legislative documents.
34             (g)  Trade   secrets  and  commercial  or  financial
 
HB3197 Engrossed            -18-     LRB093 10753 DRJ 11147 b
 1        information obtained from a person or business where  the
 2        trade  secrets or information are proprietary, privileged
 3        or confidential, or where disclosure of the trade secrets
 4        or information may cause competitive harm, including  all
 5        information  determined  to be confidential under Section
 6        4002 of the Technology Advancement and  Development  Act.
 7        Nothing   contained   in  this  paragraph  (g)  shall  be
 8        construed to prevent a person or business from consenting
 9        to disclosure.
10             (h)  Proposals and bids for any contract, grant,  or
11        agreement,   including   information  which  if  it  were
12        disclosed  would  frustrate  procurement   or   give   an
13        advantage  to  any  person  proposing  to  enter  into  a
14        contractor  agreement  with  the  body, until an award or
15        final selection is made.  Information prepared by or  for
16        the  body  in  preparation of a bid solicitation shall be
17        exempt until an award or final selection is made.
18             (i)  Valuable formulae, computer geographic systems,
19        designs, drawings and research data obtained or  produced
20        by  any  public  body when disclosure could reasonably be
21        expected to produce private gain or public loss.
22             (j)  Test  questions,   scoring   keys   and   other
23        examination   data   used   to   administer  an  academic
24        examination  or  determined  the  qualifications  of   an
25        applicant for a license or employment.
26             (k)  Architects'   plans  and  engineers'  technical
27        submissions for projects not constructed or developed  in
28        whole  or  in  part  with  public  funds and for projects
29        constructed or developed with public funds, to the extent
30        that disclosure would compromise security.
31             (l)  Library   circulation   and    order    records
32        identifying library users with specific materials.
33             (m)  Minutes  of meetings of public bodies closed to
34        the public as provided in the Open Meetings Act until the
 
HB3197 Engrossed            -19-     LRB093 10753 DRJ 11147 b
 1        public body makes the minutes  available  to  the  public
 2        under Section 2.06 of the Open Meetings Act.
 3             (n)  Communications  between  a  public  body and an
 4        attorney or auditor representing  the  public  body  that
 5        would  not  be  subject  to  discovery in litigation, and
 6        materials prepared or compiled by or for a public body in
 7        anticipation  of  a  criminal,  civil  or  administrative
 8        proceeding upon the request of an attorney  advising  the
 9        public  body,  and  materials  prepared  or compiled with
10        respect to internal audits of public bodies.
11             (o)  Information received by a primary or  secondary
12        school,  college  or  university under its procedures for
13        the evaluation  of  faculty  members  by  their  academic
14        peers.
15             (p)  Administrative    or    technical   information
16        associated with  automated  data  processing  operations,
17        including   but   not   limited  to  software,  operating
18        protocols,  computer  program  abstracts,  file  layouts,
19        source  listings,  object  modules,  load  modules,  user
20        guides,  documentation  pertaining  to  all  logical  and
21        physical  design  of   computerized   systems,   employee
22        manuals,  and  any  other information that, if disclosed,
23        would jeopardize the security of the system or  its  data
24        or the security of materials exempt under this Section.
25             (q)  Documents  or  materials relating to collective
26        negotiating  matters  between  public  bodies  and  their
27        employees  or  representatives,  except  that  any  final
28        contract or agreement shall be subject to inspection  and
29        copying.
30             (r)  Drafts,  notes,  recommendations  and memoranda
31        pertaining to the financing and marketing transactions of
32        the public body. The records of ownership,  registration,
33        transfer, and exchange of municipal debt obligations, and
34        of   persons  to  whom  payment  with  respect  to  these
 
HB3197 Engrossed            -20-     LRB093 10753 DRJ 11147 b
 1        obligations is made.
 2             (s)  The records, documents and information relating
 3        to  real  estate  purchase   negotiations   until   those
 4        negotiations have been completed or otherwise terminated.
 5        With regard to a parcel involved in a pending or actually
 6        and  reasonably  contemplated  eminent  domain proceeding
 7        under  Article  VII  of  the  Code  of  Civil  Procedure,
 8        records,  documents  and  information  relating  to  that
 9        parcel shall be exempt except as  may  be  allowed  under
10        discovery  rules  adopted  by the Illinois Supreme Court.
11        The records, documents and information relating to a real
12        estate sale shall be exempt until a sale is consummated.
13             (t)  Any and all proprietary information and records
14        related to the operation  of  an  intergovernmental  risk
15        management  association or self-insurance pool or jointly
16        self-administered  health  and  accident  cooperative  or
17        pool.
18             (u)  Information    concerning    a     university's
19        adjudication   of   student   or  employee  grievance  or
20        disciplinary cases, to the extent that  disclosure  would
21        reveal  the  identity  of  the  student  or  employee and
22        information concerning any public body's adjudication  of
23        student  or  employee  grievances  or disciplinary cases,
24        except for the final outcome of the cases.
25             (v)  Course materials or research materials used  by
26        faculty members.
27             (w)  Information  related  solely  to  the  internal
28        personnel rules and practices of a public body.
29             (x)  Information   contained   in   or   related  to
30        examination, operating, or condition reports prepared by,
31        on behalf of, or for the use of a public body responsible
32        for  the   regulation   or   supervision   of   financial
33        institutions or insurance companies, unless disclosure is
34        otherwise required by State law.
 
HB3197 Engrossed            -21-     LRB093 10753 DRJ 11147 b
 1             (y)  Information   the   disclosure   of   which  is
 2        restricted under Section 5-108 of  the  Public  Utilities
 3        Act.
 4             (z)  Manuals  or instruction to staff that relate to
 5        establishment or collection of liability  for  any  State
 6        tax  or that relate to investigations by a public body to
 7        determine violation of any criminal law.
 8             (aa)  Applications, related documents,  and  medical
 9        records    received    by    the    Experimental    Organ
10        Transplantation   Procedures   Board   and  any  and  all
11        documents or other records prepared by  the  Experimental
12        Organ  Transplantation  Procedures  Board  or  its  staff
13        relating to applications it has received.
14             (bb)  Insurance  or  self  insurance  (including any
15        intergovernmental risk  management  association  or  self
16        insurance   pool)   claims,   loss   or  risk  management
17        information, records, data, advice or communications.
18             (cc)  Information and records held by the Department
19        of  Public  Health  and  its  authorized  representatives
20        relating  to  known  or  suspected  cases   of   sexually
21        transmissible  disease  or any information the disclosure
22        of  which  is  restricted  under  the  Illinois  Sexually
23        Transmissible Disease Control Act.
24             (dd)  Information  the  disclosure   of   which   is
25        exempted under Section 30 of the Radon Industry Licensing
26        Act.
27             (ee)  Firm  performance evaluations under Section 55
28        of the Architectural,  Engineering,  and  Land  Surveying
29        Qualifications Based Selection Act.
30             (ff)  Security  portions  of  system  safety program
31        plans, investigation reports, surveys, schedules,  lists,
32        data,  or information compiled, collected, or prepared by
33        or  for  the  Regional  Transportation  Authority   under
34        Section 2.11 of the Regional Transportation Authority Act
 
HB3197 Engrossed            -22-     LRB093 10753 DRJ 11147 b
 1        or  the  St.  Clair  County  Transit  District  under the
 2        Bi-State Transit Safety Act.
 3             (gg)  Information  the  disclosure   of   which   is
 4        restricted  and exempted under Section 50 of the Illinois
 5        Prepaid Tuition Act.
 6             (hh)  Information  the  disclosure   of   which   is
 7        exempted under Section 80 of the State Gift Ban Act.
 8             (ii)  Beginning July 1, 1999, information that would
 9        disclose  or  might  lead  to the disclosure of secret or
10        confidential information, codes, algorithms, programs, or
11        private keys intended to be used to create electronic  or
12        digital signatures under the Electronic Commerce Security
13        Act.
14             (jj)  Information  contained  in  a  local emergency
15        energy plan submitted to  a  municipality  in  accordance
16        with  a  local  emergency  energy  plan ordinance that is
17        adopted under Section 11-21.5-5 of the Illinois Municipal
18        Code.
19             (kk)  Information   and    data    concerning    the
20        distribution  of  surcharge moneys collected and remitted
21        by  wireless  carriers  under  the   Wireless   Emergency
22        Telephone Safety Act.
23             (ll)  Records  and information provided to a nursing
24        home resident sexual assault and death review team or the
25        Nursing Home Resident Sexual  Assault  and  Death  Review
26        Teams  Executive  Council under the Nursing Home Resident
27        Sexual Assault and Death Review Team Act.
28        (2)  This  Section  does  not  authorize  withholding  of
29    information or limit  the  availability  of  records  to  the
30    public,  except  as  stated  in  this  Section  or  otherwise
31    provided in this Act.
32    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
33    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
34    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
 
HB3197 Engrossed            -23-     LRB093 10753 DRJ 11147 b
 1    eff. 7-11-02.)