Full Text of HB0909 101st General Assembly
HB0909eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the Capital | 15 | | Crimes Litigation Act. This subsection (n) shall apply | 16 | | until the conclusion of the trial of the case, even if the | 17 | | prosecution chooses not to pursue the death penalty prior | 18 | | to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Records Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information | 10 | | in the form of health data or medical records contained in, | 11 | | stored in, submitted to, transferred by, or released from | 12 | | the Illinois Health Information Exchange, and identified | 13 | | or deidentified health information in the form of health | 14 | | data and medical records of the Illinois Health Information | 15 | | Exchange in the possession of the Illinois Health | 16 | | Information Exchange Authority due to its administration | 17 | | of the Illinois Health Information Exchange. The terms | 18 | | "identified" and "deidentified" shall be given the same | 19 | | meaning as in the Health Insurance Portability and | 20 | | Accountability Act of 1996, Public Law 104-191, or any | 21 | | subsequent amendments thereto, and any regulations | 22 | | promulgated thereunder. | 23 | | (u) Records and information provided to an independent | 24 | | team of experts under the Developmental Disability and | 25 | | Mental Health Safety Act (also known as Brian's Law ) . | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed Carry | 7 | | Licensing Review Board under the Firearm Concealed Carry | 8 | | Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of an | 22 | | eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Information that is exempted from disclosure | 15 | | under the Revised Uniform Unclaimed Property Act. | 16 | | (gg) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) Information which is exempted from disclosure | 22 | | under Section 2505-800 of the Department of Revenue Law of | 23 | | the Civil Administrative Code of Illinois. | 24 | | (jj) Information and reports that are required to be | 25 | | submitted to the Department of Labor by registering day and | 26 | | temporary labor service agencies but are exempt from |
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| 1 | | disclosure under subsection (a-1) of Section 45 of the Day | 2 | | and Temporary Labor Services Act. | 3 | | (kk) Information prohibited from disclosure under the | 4 | | Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information the disclosure of which is restricted | 6 | | and exempted under Section 5-30.8 of the Illinois Public | 7 | | Aid Code. | 8 | | (mm) (ll) Records that are exempt from disclosure under | 9 | | Section 4.2 of the Crime Victims Compensation Act. | 10 | | (nn) (ll) Information that is exempt from disclosure | 11 | | under Section 70 of the Higher Education Student Assistance | 12 | | Act. | 13 | | (oo) Recordings made under the Children's Advocacy | 14 | | Center Act, except to the extent authorized under that Act. | 15 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 16 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 17 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 18 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 19 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 20 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 21 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 22 | | 10-12-18.) | 23 | | Section 10. The Children's Advocacy Center Act is amended | 24 | | by changing Section 2.5 and by adding Section 4.5 as follows: |
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| 1 | | (55 ILCS 80/2.5) | 2 | | Sec. 2.5. Definitions. As used in this Section: | 3 | | "Accreditation" means the process in which certification | 4 | | of competency, authority, or credibility is presented by | 5 | | standards set by the National Children's Alliance to ensure | 6 | | effective, efficient and consistent delivery of services by a | 7 | | CAC. | 8 | | "Child maltreatment" includes any act or occurrence, as | 9 | | defined in Section 5 of the Criminal Code of 2012, under the | 10 | | Children and Family Services Act or the Juvenile Court Act of | 11 | | 1987 involving either a child victim or child witness. | 12 | | "Children's Advocacy Center" or "CAC" is a child-focused, | 13 | | trauma-informed, facility-based program in which | 14 | | representatives from law enforcement, child protection, | 15 | | prosecution, mental health, forensic interviewing, medical, | 16 | | and victim advocacy disciplines collaborate to interview | 17 | | children, meet with a child's parent or parents, caregivers, | 18 | | and family members, and make team decisions about the | 19 | | investigation, prosecution, safety, treatment, and support | 20 | | services for child maltreatment cases. | 21 | | "Children's Advocacy Centers of Illinois" or "CACI" is a | 22 | | state chapter of the National Children's Alliance ("NCA") and | 23 | | organizing entity for Children's Advocacy Centers in the State | 24 | | of Illinois. It defines membership and engages member CACs in | 25 | | the NCA accreditation process and collecting and sharing of | 26 | | data, and provides training, leadership, and technical |
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| 1 | | assistance to existing and emerging CACs in the State. | 2 | | "Electronic recording" includes a motion picture, | 3 | | audiotape, videotape, or digital recording. | 4 | | "Forensic interview" means an interview between a trained | 5 | | forensic interviewer, as defined by NCA standards, and a child | 6 | | in which the interviewer obtains information from children in | 7 | | an unbiased and fact finding manner that is developmentally | 8 | | appropriate and culturally sensitive to support accurate and | 9 | | fair decision making by the multidisciplinary team in the | 10 | | criminal justice and child protection systems. Whenever | 11 | | practical, all parties involved in investigating reports of | 12 | | child maltreatment shall observe the interview, which shall be | 13 | | electronically digitally recorded. | 14 | | "Forensic interview transcription" means a verbatim | 15 | | transcript of a forensic interview for the purpose of | 16 | | translating the interview into another language. | 17 | | "Multidisciplinary team" or "MDT" means a group of | 18 | | professionals working collaboratively under a written | 19 | | protocol, who represent various disciplines from the point of a | 20 | | report of child maltreatment to assure the most effective | 21 | | coordinated response possible for every child. Employees from | 22 | | each participating entity shall be included on the MDT. A CAC's | 23 | | MDT must include professionals involved in the coordination, | 24 | | investigation, and prosecution of child abuse cases, including | 25 | | the CAC's staff, participating law enforcement agencies, the | 26 | | county state's attorney, and the Illinois Department of |
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| 1 | | Children and Family Services, and must include professionals | 2 | | involved in the delivery of services to victims of child | 3 | | maltreatment and non-offending parent or parents, caregiver, | 4 | | and their families. | 5 | | "National Children's Alliance" or "NCA" means the | 6 | | professional membership organization dedicated to helping | 7 | | local communities respond to allegations of child abuse in an | 8 | | effective and efficient manner. NCA provides training, | 9 | | support, technical assistance and leadership on a national | 10 | | level to state and local CACs and communities responding to | 11 | | reports of child maltreatment. NCA is the national organization | 12 | | that provides the standards for CAC accreditation. | 13 | | "Protocol" means a written methodology defining the | 14 | | responsibilities of each of the MDT members in the | 15 | | investigation and prosecution of child maltreatment within a | 16 | | defined jurisdiction. Written protocols are signed documents | 17 | | and are reviewed and/or updated annually, at a minimum, by a | 18 | | CAC's Advisory Board.
| 19 | | (Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.) | 20 | | (55 ILCS 80/4.5 new) | 21 | | Sec. 4.5. Forensic interviews; electronic recordings. | 22 | | (a) Consent is not required for a forensic interview to be | 23 | | electronically recorded. Failure to record does not render a | 24 | | forensic interview inadmissible. | 25 | | (b) A forensic interview, an electronic recording, or a |
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| 1 | | forensic interview transcription or electronic recording is | 2 | | confidential and exempt from public inspection and copying | 3 | | under Section 7.5 of the Freedom of Information Act and may | 4 | | only be viewed by a court, attorneys, investigators, or experts | 5 | | for the purpose of judicial and administrative hearings and | 6 | | shall not be disseminated except pursuant to a court's | 7 | | protective order. | 8 | | (c) Nothing in this Act shall be construed to limit or | 9 | | prohibit electronically recorded forensic interviewing in | 10 | | accordance with Article 14 of the Criminal Code of 2012 or | 11 | | Article 108A or Article 108B of the Code of Criminal Procedure | 12 | | of 1963.
| 13 | | Section 99. Effective date. This Act takes effect January | 14 | | 1, 2020.
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