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HB4247 Enrolled |
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LRB093 19650 JAM 45391 b |
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| made, and reported in an open session that
(1) the need for |
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| confidentiality still exists as to all or part of those
minutes |
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| or (2) that the minutes or recordings or portions thereof no
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| longer require
confidential
treatment and are available for |
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| public inspection.
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| (e) Unless the public body has made a determination that |
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| the verbatim
recording no longer requires confidential |
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| treatment or otherwise consents to
disclosure, the verbatim |
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| record of a meeting closed to the public shall not be
open for |
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| public inspection or subject to discovery in any administrative
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| or judicial proceeding other than one brought to enforce this |
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| Act. In the case of a civil
action brought to enforce this Act, |
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| the court , if the judge believes such an examination is |
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| necessary, must
may conduct such in camera
examination of the |
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| verbatim record as it finds appropriate in order to
determine |
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| whether there has been a violation of this Act. In the case of |
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| a
criminal proceeding, the court may conduct an in camera
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| examination in order to
determine what portions, if any, must |
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| be made available to the parties for use
as evidence in the |
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| prosecution. Any such initial inspection must be held in |
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| camera. If the court or administrative hearing officer
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| determines that a complaint or suit brought for noncompliance |
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| under this Act
is valid it may, for the purposes of discovery, |
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| redact from the minutes of the
meeting closed to the public any |
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| information deemed to qualify under the
attorney-client |
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| privilege. The provisions of this subsection do not supersede
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| the privacy or confidentiality provisions of State or federal |
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| law.
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| (f) Minutes of meetings closed to the public shall be |
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| available only after
the public body determines that it is no |
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| longer necessary to protect the public
interest or the privacy |
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| of an individual by keeping them confidential.
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| (Source: P.A. 93-523, eff. 1-1-04.)
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