HB0765ham001 95TH GENERAL ASSEMBLY

Executive Committee

Filed: 3/21/2007

09500HB0765ham001 LRB095 10271 RLC 33931 a

AMENDMENT TO HOUSE BILL 765

AMENDMENT NO. ______. Amend House Bill 765 by inserting after the title the following:

"WHEREAS, Post-conviction review of credible claims of factual innocence supported by verifiable evidence, of torture by Jon Burge and/or officers under his supervision should be addressed expeditiously to ensure the innocent as well as the guilty receive justice; and

WHEREAS, More than 200 African-American men and women were victims of systematic torture committed by several Chicago Police officers under the Supervision of Police Commander Jon Burge over a two-decade period, from as early 1970 to 1992 and later; and

WHEREAS, In May, 1972, Jon Burge was promoted to Chicago Police Detective and was assigned to Area 2 detective division on the Southside of Chicago; and

WHEREAS, Between 1973-1981 - numerous other African-American arrestees were tortured with electric-shock and suffocation at Area 2 by Burge and his cohorts to obtain confessions. The torture included, plastic bags placed over arrestees heads until lose of consciousness; electric shock with dark box referred to as "nigger box", to testicles, armpits, ears, Russian roulette; beatings with guns, fists, and flashlights; repeated racial epithets; cattle prods; and cigarette burns; and

WHEREAS, 1988 - Burge is transferred to Area 3 Detective Division and appointed Commander. Many of his trusted Area 2 associates, including Sgt John Byrne also transferred to Area 3, and allegations of torture follow them; and

WHEREAS, 1981-1988 - 55 separate victims allege torture at Area 2, including Madison Hobley, Leroy Orange, Stanley Howard, Darrell Cannon, and Aaron Patterson. In most of these cases, the States Attorney's Office is aware of the allegations, and nonetheless uses the coerced evidence to send the victims to prison; and

WHEREAS, January 28, 1991 - Amnesty International issued a report calling for an inquiry into allegations of police torture in Chicago. Mayor Daley had "no comment whatsoever". September 1991 - 13 year old Marcus Wiggins alleged that he had been tortured with electric shock at Area 3. Burge and Byrne allegedly supervised the interrogation; and

WHEREAS, January 1992 - During proceedings before the Police Board, City lawyers admitted that the evidence of Area 2 torture established "an astounding pattern or plan. . . to torture certain suspects. . . into confessing to crimes or to condone such activity"; and

WHEREAS, February 7, 1992 - OPS publicly released its 2 torture reports after being ordered to do so by a federal judge, and its findings of "systematic torture" received national attention. Martin and Mayor Daley jointly attack the findings in widely covered public statements, and take no action to criminally investigate or charge Burge or any of his men in light of the OPS findings; and

WHEREAS, February-March 1992 - City administratively prosecuted Burge, Yucaitis, and O'Hara in a 6 week hearing before the Police Board for the torture of Andrew Wilson; and

WHEREAS, February 11, 1993 - The Chicago Police Board fired Jon Burge and suspended John Yucaitis for 15 months on charges of torturing and physically abusing Andrew Wilson. O'Hara is completely exonerated; and

WHEREAS, 1993 - The OPS reopened investigations into approximately 10 of the 60 known victims of police torture. These cases include Cannon and Howard; and

WHEREAS, 1993-1994 - After exhaustive investigations, OPS investigators complete detailed reports, sustaining torture allegations in 6 cases, including Cannon and Howard, against several of Burge's trusted Area 2 associates, including Sgt. Byrne and Detective Dignan; and

WHEREAS, May 15, 1995 - City of Chicago admitted that Melvin Jones had been electrically shocked in an attempt to extract a confession; and

WHEREAS, July 13, 1995 - City of Chicago admits in a legal document that Andrew Wilson was tortured by Burge; and

WHEREAS, November 1, 1999 - At Cannon's hearing, Dr. Robert Kirschner, an internationally respected expert on torture and human rights violations, testified that Cannon and several other Area 2 victims were tortured and that this torture was part of a pattern and practice similar to that found in other countries where official torture is practiced by their military and law enforcement agencies; and

WHEREAS, 1999 - Federal Judge Milton Shadur found that "it is now common knowledge that Jon Burge and many officers working under him regularly engaged in the physical abuse and torture of prisoners in order to extract confessions"; and

WHEREAS, August 2000 - Illinois Supreme Court recognized the importance of the newly discovered evidence of torture, and ordered that Aaron Patterson, Stanley Howard, and 2 other death row inmates be afforded hearings on their allegations of torture; and

WHEREAS, April 2002 - Chief Cook County Criminal Court Judge Paul Biebel found that State's Attorney Richard Devine had a conflict arising from his prior representation of Burge, and appointed Retired Judge Edward Egan as Special Prosecutor to investigate Area 2 torture; and

WHEREAS, January 10, 2003 - Governor George Ryan granted Madison Hobley, Stanley Howard, Aaron Patterson, and Leroy Orange pardons on the basis of innocence, while determining that their confessions were tortured from them by Burge and his men; and

WHEREAS, 2004 - During the course of the civil litigation and in furtherance of the code of silence, Burge, Byrne, and more than 30 other Area 2 detectives and supervisors take the Fifth Amendment on each and every allegation of torture; and

WHEREAS, 2004 - Several African-American former Area 2 detectives who worked under Burge come forward and broke the code of silence, admitting that they saw or heard evidence of torture, saw implements of torture, including Burge's shock box, and that torture by Burge and his men was an "open secret" at Area 2; and

WHEREAS, January 2005 - Federal Appeals Court Judge Diane Wood likened Area 2 torture to that of Abu Ghraib, writing: "[A] mountain of evidence indicates that torture was an ordinary occurrence at the Area 2 station of the Chicago Police Department. Eventually, as this sorry tale came to light, the Office of Professional Standards Investigation of the Police Department looked into the allegations, and it issued a report that concluded that police torture under the command of Lt. Jon Burge - the officer in charge of Hinton's case - had been a regular part of the system for more than ten years. And, in language reminiscent of the news reports of 2004 concerning the notorious Abu Ghraib facility in Iraq, the report said that: [t]he type of abuse described was not limited to the usual beating, but went into such esoteric areas as psychological techniques and planned torture"; and

WHEREAS, January 2005 - Judge Wood further found that Area 2 torture violated the United Nations prohibition against torture, writing: Indeed, the alleged conduct is so extreme that, if proven, it would fall within the prohibitions established by the United Nations Convention Against Torture ("CAT"), which defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. . . ." thereby violating the fundamental human rights principles that the United States is committed to uphold. . . .; and

WHEREAS, Spring 2005 - Freedom of information documents reveal that the City of Chicago has spent more than $6,000,000 in legal fees defending itself and Burge and his men against allegations of torture, despite repeatedly acknowledging that they had engaged in a pattern and practice of torture; and

WHEREAS, May 19, 2006, The United Nations Committee Against Torture ruled that the U.S. Government and the City of Chicago are in violation of the Convention Against Torture and cruel, inhuman, and degrading treatment; and

WHEREAS, September 1, 2005 - Frustrated by the fact that the Special Prosecutor had not brought indictments, community groups petitioned the organization of Inter-American Commission on Human Rights and was granted a hearing on police torture and the failure to prosecute Burge and his men; and

WHEREAS, July 26, 2006, Special Prosecutor Egan published his findings which concluded that although there had been police torture in at least half of the 148 cases examined, no one, including Burge, could be indicted because of Statute of Limitations; and

WHEREAS, Prof. Thomas K. Kenemore, Ph.D., conducted a pilot study of the experiences of people affected by Chicago Police Torture. Dr. Kenemore's findings summarize, among other things, the lasting impact of the torture experience; and

WHEREAS, Prof. Kenemore observed that may survivors of torture suffer from post-traumatic stress disorder. "The prolonged and recurrent trauma is known to create a hyper-vigilance and chronic fear of the re-occurrences of the trauma, generalized constriction and avoidance, disassociation, severe mistrust and isolation, a radically changed identity which incorporates the trauma, and a tenacious state of depression"; and

WHEREAS, The 200 or more torture victims were forced to confess to crimes and the forced confessions was used to convict them; and

WHEREAS, At least 27 victims of torture are still imprisoned in Illinois prisons; and

WHEREAS, Public confidence in the justice system is strengthened by thorough and timely inquiry into claims of factual innocence; and

WHEREAS, Factual claims of innocence, which are determined to be credible, can most effectively and efficiently be evaluated through complete and independent investigation and review of the same; therefore"; and

by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Innocence Inquiry Commission Act.

Section 5. Definitions. As used in this Act:

(1) "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony in Illinois asserting the complete innocence of any criminal responsibility of the felony for which the person was convicted and for any other reduced level of criminal responsibility relating to the crime, and for which there is some credible, certifiable evidence of innocence that is related to allegations of torture committed by Commander Jon Burge or any officer under the supervision of Jon Burge.

(2) "Commission" means the Illinois Innocence Inquiry Commission established by this Act.

(3) "Director" means the Director of the Illinois Innocence Inquiry Commission.

(4) "Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim.

Section 10. Purpose of Act. This Act establishes an extraordinary procedure to investigate and determine credible claims of factual innocence related to allegations of torture that shall require an individual to voluntarily waive rights and privileges as described in this Act.

Section 15. Commission established.

(a) There is established the Illinois Innocence Inquiry Commission. The Illinois Innocence Inquiry Commission shall be an independent commission under the Administrative Office of the Illinois Courts for administrative purposes.

(b) The Administrative Office of the Illinois Courts shall provide administrative support to the Commission as needed. The Director of the Administrative Office of the Illinois Courts shall not reduce or modify the budget of the Commission or use funds appropriated to the Commission without the approval of the Commission.

Section 20. Membership; chair; meetings; quorum.

(a) The Commission shall consist of 8 voting members as follows:

(1) One shall be a Circuit Judge.

(2) One shall be a prosecuting attorney.

(3) One shall be a victim advocate.

(4) One shall be engaged in the practice of criminal defense law.

(5) One shall be a public member who is not an attorney and who is not an officer or employee of the Judicial branch.

(6) One shall be a sheriff holding office at the time of his or her appointment.

(7) The vocations of the 2 remaining appointed voting members shall be at discretion of the Chief Justice.

The Chief Justice of the Illinois Supreme Court shall make the initial appointment for members identified in subdivisions (4) through (6) of this subsection. The presiding judge of the First District Appellate Court shall make the initial appointment for members identified in subdivisions (1) through (3) of this subsection. After an appointee has served his or her first 3-year term, the subsequent appointment shall be by the Chief Justice or presiding judge who did not make the previous appointment. Thereafter, the Chief Justice or presiding judge shall rotate the appointing power, except for the 2 discretionary appointments identified by subdivision (7) of this subsection which shall be appointed by the Chief Justice.

(a-1) The appointing authority shall also appoint alternate Commission members for the Commission members he or she has appointed to serve in the event of scheduling conflicts, conflicts of interest, disability, or other disqualification arising in a particular case. The alternate members shall have the same qualifications for appointment as the original member. In making the appointments, the appointing authority shall make a good faith effort to appoint members with different perspectives of the justice system. The appointing authority shall also consider geographical location, gender, and racial diversity in making the appointments.

(b) The judge who is appointed as a member under subsection (a) shall serve as Chair of the Commission, and he or she shall not have had any substantial previous involvement in any case in which torture has been alleged against Jon Burge or those under his supervision. The Commission shall have its initial meeting no later than January 31, 2008, at the call of the Chair. The Commission shall meet a minimum of once every 6 months and may also meet more often at the call of the Chair. The Commission shall meet at such time and place as designated by the Chair. Notice of the meetings shall be given at such time and manner as provided by the rules of the Commission. A majority of the members shall constitute a quorum. All Commission votes shall be by majority vote.

Section 25. Terms of members; compensation; expenses.

(a) Of the initial members, 2 appointments shall be for one-year terms, 3 appointments shall be for 2-year terms, and 3 appointments shall be for 3-year terms. Thereafter, all terms shall be for 3 years. Members of the Commission shall serve no more than 2 consecutive 3-year terms plus any initial term of less than 3 years. Unless provided otherwise by this Act, all terms of members shall begin on January 1 and end on December 31.

Members serving by virtue of elective or appointive office, except for the sheriff, may serve only so long as the office holders hold those respective offices. The Chief Justice may remove members, with cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed.

(b) The Commission members shall receive no salary for serving. All Commission members shall receive necessary subsistence and travel expenses.

Section 30. Director and other staff. The Commission shall employ a Director. The Director shall be an attorney licensed to practice in Illinois at the time of appointment and at all times during service as Director. The Director shall assist the Commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all cases investigations, prepare reports outlining Commission investigations and recommendations to the trial court, and apply for and accept on behalf of the Commission any funds that may become available from government grants, private gifts, donations, or bequests from any source.

Subject to the approval of the Chair, the Director shall employ such other staff and shall contract for services as is necessary to assist the Commission in the performance of its duties, and as funds permit.

The Commission may meet in an area provided by the Administrative Office of the Illinois Courts. The Administrative Office of the Illinois Courts shall provide office space for the Commission and the Commission staff.

Section 35. Duties. The Commission shall have the following duties and powers:

(1) To establish the criteria and screening process to be used to determine which cases shall be accepted for review.

(2) To conduct inquiries into claims of factual innocence, with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime to which he or she claims factual innocence.

(3) To coordinate the investigation of cases accepted for review.

(4) To maintain records for all case investigations.

(5) To prepare written reports outlining Commission investigations and recommendations to the trial court at the completion of each inquiry.

(6) To apply for and accept any funds that may become available for the Commission's work from government grants, private gifts, donations, or bequests from any source.

Section 40. Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.

(a) A claim of factual innocence may be referred to the Commission by any court, person, or agency. The Commission shall not consider a claim of factual innocence if the convicted person is deceased. The determination of whether to grant a formal inquiry regarding any other claim of factual innocence is in the discretion of the Commission. The Commission may informally screen and dismiss a case summarily at its discretion.

(b) No formal inquiry into a claim of innocence shall be made by the Commission unless the Director or the Director's designee first obtains a signed agreement from the convicted person in which the convicted person waives his or her procedural safeguard and privileges, agrees to cooperate with the Commission, and agrees to provide full disclosure regarding all matters unrelated to a convicted person's claim of innocence. The convicted person shall have the right to advice of counsel prior to the execution of the agreement and, if a formal inquiry is granted, throughout the formal inquiry. If counsel represents the convicted person, then the convicted person, the Commission Chair shall determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel for the purpose of advising on the agreement.

(c) If a formal inquiry regarding a claim of factual innocence is granted, the Director shall use all due diligence to notify the victim in the case and explain the inquiry process. The Commission shall give the victim notice that the victim has the right to present his or her views and concerns throughout the Commission's investigation.

(d) The Commission may use any measure provided in the Code of Civil Procedure and the Code of Criminal Procedure of 1963 to obtain information necessary to its inquiry. The Commission may also do any of the following: issue process to compel the attendance of witnesses and the production of evidence, administer oaths, petition the Circuit Court of Cook County or of the original jurisdiction for enforcement of process or for other relief, and prescribe its own rules of procedure. All challenges with regard to the Commission's authority or the Commission's access to evidence shall be heard by the Commission Chair in the Chair's judicial capacity, including any in camera review.

(e) While performing duties for the Commission, the Director or the Director's designee may serve subpoenas or other process issued by the Commission throughout the State in the same manner and with the same effect as an officer authorized to serve process under the laws of this State.

(f) All State discovery and disclosure statutes in effect at the time of formal inquiry shall be enforceable as if the convicted person were currently being tried for the charge for which the convicted person is claiming innocence.

(g) If, at any point during an inquiry, the convicted person refuses to comply with requests of the Commission or is otherwise deemed to be uncooperative by the Commission, the Commission shall discontinue the inquiry.

Section 45. Commission proceedings.

(a) At the completion of a formal inquiry, all relevant evidence shall be presented to the full Commission. As part of its proceedings, the Commission may conduct public hearings. The determination as to whether to conduct public hearings is solely in the discretion of the Commission. Any public hearing held in accordance with this Section shall be subject to the Commission's rules of operation.

(b) The Director shall use all due diligence to notify the victim at least 30 days prior to any proceedings of the full Commission held in regard to the victim's case. The Commission shall notify the victim that the victim is permitted to attend proceedings otherwise closed to the public, subject to any limitations imposed by this Act, If the victim plans to attend proceedings otherwise closed to the public, the victim shall notify the Commission at least 10 days in advance of the proceedings of his or her intent to attend. If the Commission determines that the victim's presence may interfere with the investigation, the Commission may close any portion of the proceedings to the victim.

(c) After hearing the evidence, the full Commission shall vote to establish further case disposition as provided by this subsection. All 8 voting members of the Commission shall participate in that vote.

Except in cases where the convicted person entered and was convicted on a plea of guilty, if 5 or more of the 8 voting members of the Commission conclude there is sufficient evidence of factual innocence to merit judicial review, the case shall be referred to the chief judge in the circuit of original jurisdiction by filing with the clerk of court the opinion of the Commission with supporting findings of fact, as well as the record in support of such opinion, with service on the State's Attorney in non-capital cases and service on both the State's Attorney and Attorney General in capital cases. In cases where the convicted person entered and was convicted on a plea of guilty, if all of the 8 voting members of the Commission conclude there is sufficient evidence of factual innocence to merit judicial review, the case shall be referred to the chief judge in the circuit of original jurisdiction.

If less than 5 of the 8 voting members of the Commission, or in cases where the convicted person entered and was convicted on a guilty plea less than all of the 8 voting members of the Commission, conclude there insufficient evidence of factual innocence to merit judicial review, the Commission shall conclude there is insufficient evidence of factual innocence to merit judicial review. The Commission shall document that opinion, along with supporting findings of fact, and file those documents and supporting materials with the court clerk in the circuit of original jurisdiction, with a copy to the State's Attorney and the chief judge.

The Director of the Commission shall use all due diligence to notify immediately the victim of the Commission's conclusion in a case.

(d) Evidence of criminal acts, professional misconduct, or other wrongdoing disclosed through formal inquiry or Commission proceedings shall be referred to the appropriate authority. Evidence favorable to the convicted person disclosed through formal inquiry or Commission proceedings shall be disclosed to the convicted person and the convicted person's counsel, if the convicted person has counsel.

(e) All proceedings, of the Commission shall be recorded and transcribed as part of the record. All Commission member votes shall be recorded in the record. All records and proceedings of the Commission are confidential and are exempt from public record and public meeting laws except that the supporting records for the Commission's conclusion that there is sufficient evidence of factual innocence to merit judicial review, including all files and materials considered by the Commission and an full transcript of the hearing before the Commission, shall become public at the time of referral to the court. Commission records for conclusions of insufficient evidence of factual innocence to merit judicial review shall remain confidential, except as provided in subsection (d).

Section 50. Post-commission 3-judge panel.

(a) If the Commission concludes there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission shall request the Chief Justice to appoint a 3-judge panel, not to include any trial judge that has had substantial previous involvement in the case, and issue commissions to the members of the 3-judge panel to convene a special session of the court of the original jurisdiction to hear evidence relevant to the Commission's recommendation. The senior judge of the panel shall preside.

(b) The senior judge shall enter an order setting the case for hearing at the special session of court for which the 3-judge panel is commissioned and shall require the State to file a response to the Commission's opinion within 60 days of the date of the order.

(c) The State's Attorney, or the State's Attorney's designee, shall represent the State at the hearing before the 3-judge panel.

(d) The 3-judge panel shall conduct an evidentiary hearing. At the hearing, the court may compel the testimony of any witness, including the convicted person. The convicted person may not assert any privilege or prevent a witness from testifying. The convicted person has a right to be present at the evidentiary hearing and to be represented by counsel. A waiver of the right to be present shall be in writing.

(e) The senior judge shall determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel. The court may also enter an order relieving an indigent convicted person of all or a portion of the costs of the proceedings.

(f) The clerk of court shall provide written notification to the victim 30 days prior to any case-related hearings.

(g) The 3-judge panel shall rule as to whether the convicted person has proved by clear and convincing evidence that the convicted person is innocent of the charges. Such a determination shall require a unanimous vote. If the vote is unanimous, the panel shall enter dismissal of all or any of the charges. If the vote is not unanimous, the panel shall deny relief.

Section 55. No right to further review of decision by Commission or 3-judge panel; convicted person retains right to other postconviction relief.

(a) Unless otherwise authorized by this Act, the decisions of the Commission and of the 3-judge panel are final and are not subject to further review by appeal, certification, writ, motion, or otherwise.

(b) A claim of factual innocence asserted through the Commission shall not adversely affect the convicted person's rights to other post conviction relief.

Section 60. 60 In order to allow staggered terms of members of the Illinois Innocence Inquiry Commission, the Commission members identified in paragraphs (1), (2), and (4) of subsection (a) of Section 20 shall be appointed to initial terms of 2 years, the Commission members identified paragraphs (3), (5), and (6) of subsection (a) of Section 20 shall be appointed to initial terms of 3 years, and the Commission members identified in paragraph (7) of subsection (a) of Section 20 shall be appointed to initial terms of one year.

Section 65. Beginning January 1, 2009, and annually thereafter, the Illinois Innocence Inquiry Commission shall report on its activities to the General Assembly and the Governor. The report may contain recommendations of any needed legislative changes related to the activities of the Commission. The report shall recommend the funding needed by the Commission, the State's Attorneys, and the Department of State Police in order to meet their responsibilities under this Act. Recommendations concerning the State's Attorneys or the Department of State Police shall only be made after consultations with the Illinois State's Attorneys Association and the Attorney General.

Section 70. The Administrative Office of the Illinois Courts shall report to the General Assembly and the Chief Justice no later than December 31, 2010, and no later than December 31 of every third year, regarding the implementation of this Act and shall include in its report the statistics regarding inquiries and any recommendations for changes. The House of Representatives and the Senate shall refer the report to the appropriate committees for their review.

Section 75. The initial members of the Illinois Innocence Inquiry Commission shall be appointed not later than October 1, 2007. No claims of actual innocence may be filed with the Commission until November 1, 2007. No claims of actual innocence where the convicted person entered and was convicted on a plea of guilty may be filed with the Commission until November 1, 2009.

Section 80. This Act applies to claims of factual innocence filed on or before December 31, 2012.

Section 905. The Freedom of Information Act is amended by changing Section 7 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) The following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.

(b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information exempted under this subsection (b) shall include but is not limited to:

(i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies;

(ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions;

(iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline;

(iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute;

(v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; and

(vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs.

(c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency;

(ii) interfere with pending administrative enforcement proceedings conducted by any public body;

(iii) deprive a person of a fair trial or an impartial hearing;

(iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source;

(v) disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct;

(vi) constitute an invasion of personal privacy under subsection (b) of this Section;

(vii) endanger the life or physical safety of law enforcement personnel or any other person; or

(viii) obstruct an ongoing criminal investigation.

(d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying:

(i) chronologically maintained arrest information, such as traditional arrest logs or blotters;

(ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held;

(iii) court records that are public;

(iv) records that are otherwise available under State or local law; or

(v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section.

"Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes.

(e) Records that relate to or affect the security of correctional institutions and detention facilities.

(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm, including:

(i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure.

(h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

(i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public.

(j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment.

(k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings.

(l) Library circulation and order records identifying library users with specific materials.

(m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act.

(n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.

(o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers.

(p) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section.

(q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying.

(r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made.

(s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated.

(t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool.

(u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances or disciplinary cases, except for the final outcome of the cases.

(v) Course materials or research materials used by faculty members.

(w) Information related solely to the internal personnel rules and practices of a public body.

(x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

(y) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law.

(aa) 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.

(bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications.

(cc) 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.

(dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(ff) 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.

(gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act.

(ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act.

(jj) 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.

(kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act.

(ll) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations.

(mm) Maps and other records regarding the location or security of a utility's generation, transmission, distribution, storage, gathering, treatment, or switching facilities.

(nn) 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.

(oo) 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.

(pp) 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.

(qq) 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 (qq) 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.

(rr) Records of investigations conducted by the Illinois Innocence Inquiry Commission.

(2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act.

(Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised 8-3-06.)

Section 910. The Code of Criminal Procedure of 1963 is amended by adding Section 116-6 as follows:

(725 ILCS 5/116-6 new)

Sec. 116-6. Post-trial motions and appeal.

(a) Relief from errors committed in criminal trials and proceedings and other post-trial relief may be sought by a motion for innocence claim inquiry under the Illinois Innocence Inquiry Commission Act.

(b) For claims of factual innocence, the court may grant a motion for referral to the Illinois Innocence Inquiry Commission.

(c) A claim of factual innocence asserted through the Illinois Innocence Inquiry Commission does not impact rights or relief provided for in this Code.

(d) When a motion for relief is made under this Article, the court must decide for claims of factual innocence, whether to refer the case for further investigation to the Illinois Innocence Inquiry Commission.

Section 999. Effective date. This Act takes effect upon becoming law.".