Illinois General Assembly - Full Text of HB3161
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Full Text of HB3161  102nd General Assembly

HB3161sam001 102ND GENERAL ASSEMBLY

Sen. Celina Villanueva

Filed: 5/11/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3161

2    AMENDMENT NO. ______. Amend House Bill 3161 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Domestic Violence Fatality Review Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Board" means the Illinois Criminal Justice Information
8Authority Board.
9    "Case eligible for review" means the case based upon a
10qualifying relationship that the regional review teams can
11review under Section 70.
12    "Confidential information" means:
13        (1) any oral, written, digital or electronic, original
14    or copied information, records, documents, photographs,
15    images, exhibits, or communications provided to, obtained
16    by, shared with, discussed by, created by, or maintained

 

 

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1    by the Board, Statewide Committee, or by a regional review
2    team with regard to a case eligible for review to
3    determine whether the case should be reviewed or a review
4    of an eligible case;
5        (2) any information that discloses the identities of
6    victims, survivors, deceased, or offenders, or their
7    family members, or any information by which their
8    identities can be determined by a reasonably diligent
9    inquiry; and
10        (3) any discussions, deliberations, minutes, notes,
11    records, or opinions of the members of the Board,
12    Statewide Committee, or a regional review team with regard
13    to a case eligible for review to determine whether the
14    case should be reviewed or a review of an eligible case.
15    Confidential information does not mean nonidentifying or
16    aggregate data information or analysis of data, and
17    recommendations for community and systemic reform.
18    "Deceased" means anyone who died in connection with the
19actions of the offender, other than the victim, survivor, or
20offender.
21    "Domestic violence" means abuse as it is defined in
22Section 103 of the Illinois Domestic Violence Act of 1986 and
23paragraph (1) of subsection (b) of Section 112A-3 of the Code
24of Criminal Procedure of 1963.
25    "Domestic violence fatality review" means the deliberative
26process of multiagency and multidisciplinary teams that select

 

 

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1eligible cases of domestic violence related fatalities and
2near-fatalities, and trace prior systemic interventions and
3involvement to:
4        (1) examine barriers to safety, justice,
5    self-determination, and equity;
6        (2) identify systemic and community gaps and consider
7    alternate and more effective systemic responses; and
8        (3) develop recommendations for greater coordinated
9    and improved community and systemic response and
10    prevention initiatives to domestic violence in order to
11    reduce the occurrence, frequency, and severity of domestic
12    violence and prevent fatalities and near-fatalities.
13    "Familicide" means the killing of a family, including one
14or both parents and any children, by a family member.
15    "Fatality" means death caused by suicide or homicide.
16    "Near-fatality" means a death that nearly occurred by
17means of suicide or homicide, or an injury that could have
18resulted in death.
19    "Offender" means the person who inflicted domestic
20violence upon the victim and caused the victim's death, or the
21person who inflicted domestic violence upon a survivor.
22"Offender" includes a person who is deceased or alive, and is
23not required to have been the subject of a criminal
24investigation or prosecution.
25    "Regional domestic violence fatality review team" or
26"regional review team" means a multiagency and

 

 

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1multidisciplinary team that selects and reviews eligible cases
2in accordance with Section 45.
3    "Statewide Committee" means the Ad Hoc Statewide Domestic
4Violence Fatality Review Committee of the Illinois Criminal
5Justice Information Authority Board.
6    "Survivor" means a person who experienced domestic
7violence and is alive.
8    "Victim" means the person who experienced domestic
9violence and is deceased, including by means of homicide or
10suicide.
 
11    Section 10. Findings. The General Assembly finds and
12declares the following:
13    (a) Over 10,000,000 people in the United States experience
14physical domestic violence by a current or former partner each
15year.
16    (b) According to the Centers for Disease Control and
17Prevention of the United States Department of Health and Human
18Services, domestic violence accounts for 15% of all violent
19crime in the United States, and in this State, 42% of women and
2026% of men have been harmed by an intimate partner in their
21lifetime.
22    (c) According to the U.S. Department of Justice,
23nationwide approximately 1 in 4 women and nearly 1 in 7 men
24experience severe physical violence resulting from domestic
25violence by an intimate partner at some point in their

 

 

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1lifetime.
2    (d) The Illinois Criminal Justice Information Authority
3found that while the actual number of domestic violence
4incidents are underreported, in this State over 100,000
5domestic violence offenses were reported to law enforcement
6each year between 2005 and 2017. Between 400,000 and nearly
7600,000 orders of protection were filed each year between 2005
8and 2017.
9    (e) From 2001 to 2018, State domestic violence agencies
10served nearly 800,000 adults and children, at an average of
1157,684 clients per year, according to the Illinois Criminal
12Justice Information Authority.
13    (f) Domestic violence related homicides account for nearly
141 in 5 murders in the United States. According to the National
15Coalition Against Domestic Violence, female homicide victims
16are substantially more likely than male homicide victims to
17have been killed by an intimate partner. One in 3 female murder
18victims are killed by intimate partners. About 4% of male
19homicide victims were killed by an intimate partner.
20Nationwide, 72% of all homicide-suicides involved an intimate
21partner of which 94% of the murdered victims are women.
22    (g) The Illinois Criminal Justice Information Authority
23found that 15% of all homicides in this State are connected to
24domestic violence, such that at least 130 domestic violence
25related homicides occurred in this State during 2019. The
26Illinois Coalition Against Domestic Violence found that

 

 

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1domestic violence fatalities occurred across at least 26
2counties and included at least 7 children between July 2019
3and June 2020.
4    (h) The Illinois Criminal Justice Information Authority
5found that the estimated financial impact of domestic violence
6homicides reported in this State during 2019 would total
7nearly $1.2 billion.
8    (i) Nearly all familicides involve a history of domestic
9violence.
10    (j) Effective responses to domestic violence and domestic
11violence related fatalities involve governmental, social
12services, and other systems in the community. A coordinated
13and consistent approach among community and system points of
14intervention are important to fostering the safety, stability,
15well-being and healing of survivors, and facilitating
16meaningful engagement with and sustainable accountability for
17offenders.
18    (k) Domestic violence transcends boundaries of race,
19religion, ethnicity, sexual orientation, gender identity,
20disability, culture, socioeconomic status, and geography.
21    (l) Domestic violence related fatalities and
22near-fatalities are experienced and responded to differently
23in historically marginalized communities. The communities and
24systems that victims, survivors, and offenders engage with in
25historically marginalized communities are typically those with
26power imbalances often rooted in systemic racism and

 

 

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1oppression. Women of color, in particular, face additional
2barriers and gaps in accessing systemic and community
3responses aimed at reducing domestic violence related
4fatalities and near-fatalities.
5    (m) Over 200 domestic violence fatality review teams exist
6across the United States. Those teams are engaged in systems
7reform in order to improve the response to domestic violence
8and reduce and prevent domestic violence related fatalities
9and near-fatalities.
10    (n) Domestic violence related fatalities and
11near-fatalities can be prevented, and the use of regional
12domestic violence fatality review teams under the leadership,
13guidance, and technical assistance of the Statewide Committee
14in support of the regional teams is an effort toward such
15prevention.
 
16    Section 15. Purposes. The purposes of this Act are:
17    (1) To create the Ad Hoc Statewide Domestic Violence
18Fatality Review Committee of the Illinois Criminal Justice
19Information Authority Board to support domestic violence
20fatality review in this State.
21    (2) To establish regional domestic violence fatality
22review teams that engage in domestic violence fatality review
23in this State in order to foster systemic reform that aims to:
24        (A) reduce domestic violence and domestic violence
25    related fatalities and near-fatalities in this State;

 

 

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1        (B) address disparate and discriminatory practices and
2    attitudes in the systems that interact with victims,
3    survivors, and offenders; and
4        (C) reduce the cost on society of domestic violence
5    and domestic violence related fatalities and
6    near-fatalities by:
7            (i) reviewing selected cases eligible for review;
8            (ii) examining how systems have responded to
9        individual experiences;
10            (iii) identifying gaps and barriers to effective
11        and equitable responses that promote safety,
12        stability, well-being, healing, and accountability;
13        and
14            (iv) recommending strategies to improve community
15        and systemic responses to domestic violence in order
16        to foster points of intervention and support that are
17        effective, coordinated, collaborative, consistent,
18        just, and equitable.
 
19    Section 20. Ad Hoc Statewide Domestic Violence Fatality
20Review Committee of the Illinois Criminal Justice Information
21Authority Board. The Ad Hoc Statewide Domestic Violence
22Fatality Review Committee of the Illinois Criminal Justice
23Information Authority Board is hereby created to provide
24guidance, leadership, technical assistance, research, and
25other supports to the regional domestic violence fatality

 

 

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1review teams in carrying out their responsibilities under this
2Act, and to serve as a statewide resource for addressing
3domestic violence related fatalities and near-fatalities as
4well as other forms of abuse connected to domestic violence.
 
5    Section 25. Membership of the Statewide Committee.
6    (a) The Statewide Committee shall consist of the following
7voting members and nonvoting ex officio members. The voting
8membership shall have racial, ethnic, gender, and geographic
9diversity and include the following:
10        (1) Four members of the General Assembly as follows: 2
11    members of the Senate, one member appointed by the
12    President of the Senate and one member appointed by the
13    Senate Minority Leader; 2 members of the House of
14    Representatives, one member appointed by the Speaker of
15    the House and one member appointed by the House Minority
16    Leader.
17        (2) One member of the Governor's policy leadership
18    team appointed by the Governor.
19        (3) Up to 20 public members designated by the Board
20    Chairperson, including:
21            (A) Four members representing different regional
22        review teams established under this Act, or at-large
23        members in accordance with subparagraph (I) if 4
24        regional review teams have not yet been established at
25        the time of appointment.

 

 

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1            (B) Two members representing statewide, regional,
2        or local organizations that advocate on behalf of
3        survivors of domestic violence.
4            (C) Two members who are domestic violence
5        survivors, one of whom may be a family member of a
6        victim of domestic violence-related fatality or
7        near-fatality.
8            (D) Four social services providers representing
9        different geographic areas of the State whose
10        significant purpose is to provide services to
11        survivors of domestic violence.
12            (E) Two social service providers who have
13        significant experience working with domestic violence
14        offenders.
15            (F) One physician licensed by the State whose
16        State practice focuses on emergency medicine.
17            (G) One member of the Illinois Association of
18        Chiefs of Police recommended by the Association
19        Director or President.
20            (H) One member of the Illinois Sheriffs'
21        Association recommended by the Association Director or
22        President.
23            (I) Three at-large members who have substantial
24        expertise and experience in the response to or
25        prevention of domestic violence and domestic violence
26        related fatalities and near-fatalities, or a related

 

 

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1        skill or expertise.
2    (b) The following, or a designee, shall serve as nonvoting
3ex officio members of the Statewide Committee: the Lieutenant
4Governor; the Secretary of Human Services; the Director of
5Public Health; the Attorney General; the Director of the
6Illinois State Police; the Director of Children and Family
7Services; the Director of the Illinois Criminal Justice
8Information Authority; the Director of the Office of the
9State's Attorney Appellate Prosecutor; and the Director of the
10Office of the State Appellate Defender.
 
11    Section 30. Statewide Committee terms of members;
12vacancies.
13    (a) Terms of the original voting members shall be
14staggered as follows: one-half shall be designated for 2-year
15terms and one-half shall be designated for 3-year terms. The
16length of the initial terms of each original voting member
17shall be drawn by lot at the first meeting held by the
18Statewide Committee and shall be recorded as part of the
19minutes of the meeting. After the initial term, each term
20shall be for 3 years. Length of terms of co-chairs, the
21secretary, and other officers coincide with Statewide
22Committee members' terms.
23    (b) The Board Chairperson shall designate members to fill
24vacancies in accordance with Section 25. A member whose term
25has expired may serve until a successor is appointed and

 

 

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1accepts the appointment.
 
2    Section 35. Statewide Committee quorum; meetings;
3compensation.
4    (a) A quorum shall consist of 7 of the voting members of
5the Statewide Committee.
6    (b) The first meeting of the Statewide Committee shall
7occur by January 15, 2022. At the first meeting and at
8subsequent meetings when terms expire, the voting members
9shall elect 2 co-chairs and a secretary from among the voting
10members and may elect any other officers and other officers
11the voting members deem necessary to carry out the duties and
12responsibilities of the Statewide Committee.
13    (c) The Statewide Committee shall meet at least quarterly
14each State Fiscal Year. Additional meetings may be called by
15the co-chairs, after at least 7 days prior notice to the
16Statewide Committee members, or upon a written request signed
17by at least 5 Statewide Committee members to the co-chairs for
18a meeting request. Meetings may be held by a virtual meeting
19format during a public health emergency or disaster
20proclamation declared by the Governor, or at the discretion of
21the co-chairs.
22    (d) The meetings of the Statewide Committee are subject to
23the Open Meetings Act, except the following shall occur in
24closed executive sessions not subject to the requirements of
25the Open Meetings Act:

 

 

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1        (1) discussions about personnel matters, confidential
2    information as defined by Section 5, or cases eligible for
3    review under Section 70;
4        (2) conducting a domestic violence fatality review;
5    and
6        (3) any other matters that the Statewide Committee
7    co-chairs deem necessary or a majority of the Statewide
8    Committee members vote to discuss in a closed executive
9    session in order to advance the purposes of this Act.
10    (e) The members shall receive no compensation for their
11service as members of the Statewide Committee, but may receive
12reimbursement for actual expenses incurred in the performance
13of their duties, subject to the availability of funds for that
14purpose.
 
15    Section 40. Duties and responsibilities of the Statewide
16Committee.
17    (a) The Statewide Committee shall carry out the following
18duties and responsibilities:
19        (1) Subject to available funds, hire or assign a
20    full-time Program Manager to carry out the duties and
21    responsibilities of the Statewide Committee and the
22    purposes of this Act. The Program Manager may hire
23    additional staff, subject to the availability of funds for
24    that purpose and subject to the approval of the Board. The
25    Statewide Committee and regional review teams can operate

 

 

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1    without an acting Program Manager.
2        (2) Establish and maintain an Internet website.
3        (3) Prepare an annual budget that includes
4    compensation for the Program Manager and staff, and
5    financial reimbursement to regional review team members or
6    teams for actual expenses incurred in the performance of
7    their duties, subject to the availability of funds for
8    that purpose.
9        (4) Facilitate the establishment and implementation of
10    regional review teams across the State over 6 years after
11    the effective date of this Act and collaboratively develop
12    regional implementation plans and procedures.
13        (5) Provide training and ongoing technical assistance
14    to regional review teams.
15        (6) Conduct, or assist in conducting, regional
16    domestic violence fatality reviews if requested by
17    regional review teams in specific cases.
18        (7) Develop model confidentiality agreement, policies,
19    and procedures for the use of regional review teams.
20        (8) Develop guidelines for the annual and biennial
21    reports of the Statewide Committee and the regional review
22    teams pursuant to this Section and Section 65.
23        (9) Appoint the initial members of each regional
24    review team in accordance with Section 50 or designate a
25    founding member of a regional review team to form the
26    remainder of the regional review team in accordance with

 

 

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1    Section 50, unless the regional review team has been
2    formed prior to the effective date of this Act or elects to
3    form without the involvement of the Statewide Committee.
4        (10) Create a process whereby the Statewide Committee
5    shall annually officially recognize regional review teams
6    that are formed and operated in substantial compliance
7    with the requirements of this Act, and nonrecognize those
8    regional review teams that are substantially out of
9    compliance after reasonable efforts are made by the
10    Statewide Committee to engage the regional review team's
11    co-chairs and other regional stakeholders to facilitate
12    corrective actions to bring the regional review team into
13    substantial compliance. A nonrecognized regional review
14    team no longer has the authority to operate under this
15    Act, however, nonrecognition would not preclude the
16    formation of a new regional review team for the affected
17    region.
18        (11) Review, analyze, maintain, and securely store
19    regional review team reports and recommendations submitted
20    by each regional review team as required by Section 65.
21        (12) File an annual report with the Governor and the
22    General Assembly on the operations and activities of the
23    Statewide Committee and of the regional review teams. The
24    first report shall be due no later than March 1, 2023, and
25    each subsequent report shall be due no later than March 1
26    of each year thereafter. The annual report shall be made

 

 

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1    publicly available on the Statewide Committee's Internet
2    website.
3        (13) In even numbered years, file a substantive
4    biennial report reviewing and analyzing the data and
5    recommendations collected from the reports of the regional
6    review teams. The biennial report shall include specific
7    recommendations for legislative, systemic, policy, and any
8    other changes to reduce domestic violence and domestic
9    violence related fatalities and near-fatalities. The first
10    report shall be due no later than April 1, 2024, and each
11    subsequent report shall be due no later than April 1 of
12    each even year thereafter. The biennial report shall be
13    made publicly available on the Statewide Committee's
14    Internet website.
15    (b) The Statewide Committee may carry out the following
16duties and responsibilities:
17        (1) After a vote by the majority of the voting
18    Statewide Committee members or a decision by the
19    co-chairs, establish one or more subcommittees or task
20    forces to address specific issues regarding domestic
21    violence, domestic violence fatalities and
22    near-fatalities, domestic violence fatality review, or
23    other related issues or subject matters, and may invite
24    nonmembers with expertise on the issue or subject matter
25    to serve on the subcommittee or task force. Each
26    subcommittee or task force shall be chaired by a member of

 

 

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1    the Statewide Committee.
2        (2) Advise the Governor and General Assembly on
3    domestic violence, domestic violence fatalities and
4    near-fatalities, domestic violence fatality review, data,
5    and related topics or policies.
6        (3) Engage nonmember stakeholders in reviewing
7    selected recommendations from the regional review teams in
8    accordance with notions of fairness, equity, justice, due
9    process, and practicality.
10        (4) Analyze data and identify trends related to
11    domestic violence and domestic violence related fatalities
12    and near-fatalities, and develop mechanisms for
13    collecting, analyzing, and storing data that it collects
14    or that is provided by the regional review teams.
15        (5) Adopt administrative rules in order to implement
16    this Act.
17        (6) Subject to the availability of funding and
18    approval by a vote of the majority of the Statewide
19    Committee members, engage with and enter into contracts
20    with a higher education institution or research entity for
21    research, analysis, training, and educational purposes in
22    furtherance of the purposes of this Act. Statewide
23    Committee members or Statewide Committee staff shall not
24    share information with contractors that would disclose the
25    identities of victims, survivors, deceased, offenders, and
26    their family members or by which their identities can be

 

 

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1    determined by a reasonably diligent inquiry.
2        (7) Support the implementation of systemic and
3    community reform recommendations in order to advance the
4    purposes of this Act.
5        (8) Adopt notice of funding opportunities, award
6    grants, or enter into contracts with statewide or local
7    organizations that advocate on behalf of survivors.
8        (9) Assign any responsibilities under this Section.
9        (10) Engage in any other activities that enable the
10    Statewide Committee, its staff, and the regional review
11    teams to carry out the purposes of this Act.
 
12    Section 45. Regional domestic violence fatality review
13teams. A regional domestic violence fatality review team may
14be established within the boundaries of each judicial circuit.
15Once a review team is established within the boundaries of the
16judicial circuit, the team may establish one or more subteams
17to efficiently and effectively carry out the responsibilities
18of the regional review team and conduct domestic violence
19fatality review.
 
20    Section 50. Membership of regional domestic violence
21fatality review teams. Each regional review team shall, at a
22minimum, include the following members from within the
23boundaries of the judicial circuit:
24    (1) a State's Attorney or Assistant State's Attorney;

 

 

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1    (2) a public defender or other criminal defense lawyer;
2    (3) a coroner or medical examiner;
3    (4) a Sheriff, Deputy Sheriff, Chief of Police, or other
4law enforcement officer with experience in domestic violence
5cases;
6    (5) a social services provider whose significant role is
7to provide services to survivors of domestic violence;
8    (6) a social services provider who has significant
9experience working with domestic violence offenders, if
10available in the region;
11    (7) a civil legal services lawyer or pro bono lawyer
12connected with a civil legal services program; and
13    (8) at least 2 of the following members: a public health
14official; a physician licensed by the State who specializes in
15emergency medicine; an advanced practice registered nurse; a
16licensed mental health professional such as a psychiatrist,
17clinical psychologist, licensed clinical professional
18counselor, or licensed clinical social worker; a circuit judge
19or associate judge; a clerk of the circuit court or other
20elected or appointed court official; an administrative law
21judge; an emergency medical technician, paramedic, or other
22first responder; a local or regional elected official or State
23legislator; a representative from the private business sector;
24a member of the clergy or other representative of the faith
25community; a public housing authority administrator or
26manager; an alcohol and substance abuse treatment

 

 

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1professional; a probation or parole officer; a child welfare
2administrator, caseworker, or investigator; a public school
3administrator, teacher, or school support staff person
4licensed and endorsed by the Illinois State Board of
5Education; a representative of a State university or community
6college; a social science researcher or data analyst; a
7survivor or a family member or friend of a survivor or victim;
8a supervised child visitation or child exchange staff person;
9or a member of the public at-large who has the education,
10training, or experience to carry out the purposes of the
11regional review team.
 
12    Section 55. Terms of regional review team members;
13vacancies.
14    (a) Terms of the original regional team members shall be
15staggered as follows: one-half of the initial members of the
16review team shall serve 2-year terms, and one-half of the
17initial members shall serve 3-year terms. The initial terms
18shall be drawn by lot at the first meeting of the review team.
19Following the initial terms, each member of the review team
20shall serve 3-year terms. No member shall serve more than 2
21consecutive terms. Length of terms of co-chairs, the
22secretary, and other officers coincide with regional review
23team membership terms.
24    (b) Vacancies shall be filled by individuals who meet the
25requirements of Section 50 either by an application process or

 

 

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1upon the recommendation of a member of the regional review
2team, and approved by a vote of the majority of the regional
3review team members. Vacancies occurring during a term shall
4be filled to complete the current term. Members whose terms
5have expired may continue to serve until a new member is
6appointed. Former members are eligible for reappointment after
7the expiration of at least 12 months following their last date
8of service.
 
9    Section 60. Regional review team quorum; meetings;
10compensation.
11    (a) All members of the regional review team are voting
12members. Five members of the regional review team shall
13constitute a quorum.
14    (b) At the first meeting and at subsequent meetings when
15terms expire, the regional review team shall elect 2 co-chairs
16and a secretary and may elect any other officers the voting
17members deem necessary to carry out the duties and
18responsibilities of the regional review team.
19    (c) Each regional review team shall meet at least
20quarterly on a date and at a time and location determined by
21the co-chairs. Additional meetings may be convened by the
22co-chairs upon at least 7 days prior written notice to the
23regional review team members, or upon the written request by
24at least 5 regional review team members to the co-chairs.
25Meetings may be held by virtual meeting format during a public

 

 

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1health emergency or disaster proclamation declared by the
2Governor, or at the discretion of the co-chairs.
3    (d) Members of regional review teams are not entitled to
4compensation, but may receive reimbursement for actual
5expenses incurred in the performance of their duties, subject
6to the availability of State or local funds for such purposes.
 
7    Section 65. Duties and responsibilities of the regional
8domestic violence fatality review team.
9    (a) Each regional review team shall carry out the
10following duties and responsibilities:
11        (1) Form a regional review team in accordance with
12    Sections 50 and 55.
13        (2) Report the names, professional titles, if
14    applicable, and business contact information of each
15    review team member to the Statewide Committee and inform
16    the Statewide Committee in a timely manner of any changes
17    to the membership of the regional review team.
18        (3) Create a secure system of maintaining and storing
19    minutes, correspondence, and confidential information
20    related to the regional review team and the domestic
21    violence fatality reviews.
22        (4) Ensure that each member of the regional review
23    team participates in trainings and technical assistance
24    provided by the Statewide Committee and other
25    professionals.

 

 

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1        (5) Meet at least quarterly and maintain minutes of
2    the business conducted by the regional review team at each
3    meeting.
4        (6) Establish priorities for reviewing eligible cases
5    that consider, in part, demographic and case type
6    diversity.
7        (7) Based upon information available from a variety of
8    sources, consider cases eligible for review in accordance
9    with Section 70.
10        (8) Vote by a majority of the regional review team
11    members to review a specific case based upon various
12    factors, including the priorities by the regional review
13    team.
14        (9) Invite and coordinate with the specific people
15    designated in Section 50 who were involved in the selected
16    domestic violence-related fatality or near-fatality to
17    participate in the domestic violence fatality review.
18    Members of the regional review team may also participate
19    directly in the domestic violence fatality review.
20        (10) Execute a confidentiality agreement with each
21    member of the regional review team and participant of a
22    domestic violence fatality review in accordance with
23    Section 75.
24        (11) Conduct a domestic violence fatality review of at
25    least 2 eligible cases per calendar year, or, if the
26    regional review team is unable to complete at least 2

 

 

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1    reviews in a given year, provide an explanation to the
2    Statewide Committee in the regional review team's annual
3    report pursuant to paragraph (12).
4        (12) Prepare and submit an annual report to the
5    Statewide Committee on the operations and activities of
6    the regional review team in accordance with guidelines
7    established by the Statewide Committee. The initial report
8    shall be due on March 1 following the formation of the
9    regional review team and subsequent reports shall be
10    submitted no later than March 1 of each year thereafter.
11        (13) On odd numbered years, prepare and submit to the
12    Statewide Committee a biennial report based upon the
13    domestic violence fatality reviews of the corresponding
14    time period. The biennial report shall include specific
15    recommendations for legislative, systemic, policy, and any
16    other changes to reduce domestic violence and domestic
17    violence related fatalities and near-fatalities. These
18    recommendations will be reviewed by the Statewide
19    Committee according to Section 40 and will, in part,
20    inform the Statewide Committee's biennial report on even
21    years. Any information that identifies the victims,
22    survivors, deceased, or offenders, or their family members
23    or any information by which their identities can be
24    determined by a reasonably diligent inquiry shall not be
25    disclosed in any domestic violence fatality review
26    biennial report or by any other means. Any narrative of

 

 

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1    nonidentifying facts will be limited to those essential
2    and indispensable to the explanation of data analysis or a
3    recommendation for reform. Aggregate and nonidentifying
4    data, including demographics, may be included in the
5    biennial report. The first biennial report shall be due no
6    later than April 1, 2023, and each subsequent report shall
7    be due no later than April 1 of each odd year thereafter.
8    (b) Each regional review team may carry out the following
9duties and responsibilities:
10        (1) Collect and analyze data from its regional area
11    regarding cases eligible for review that were and were not
12    reviewed by the regional review team for purposes of
13    identifying patterns and making recommendations for
14    community and systemic reforms.
15        (2) Subject to the availability of funding and
16    approval by a vote of the majority of the regional review
17    team members, engage with and enter into contracts with a
18    higher education institution or research entity for
19    research, analysis, training, and educational purposes in
20    furtherance of the purposes of this Act. Regional review
21    team members shall not share information with contractors
22    that would disclose the identities of victims, survivors,
23    deceased, offenders, and their family members or by which
24    their identities can be determined by a reasonably
25    diligent inquiry.
26        (3) Seek funds to support the operations of the

 

 

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1    regional review team and the facilitation of domestic
2    violence fatality reviews.
3        (4) Support the implementation of systemic and
4    community reform recommendations in order to advance the
5    purposes of this Act.
6        (5) Engage in any other activities that enable the
7    regional review team to carry out the purposes of this
8    Act.
 
9    Section 70. Case eligible for review by regional review
10team. A case eligible for review shall include a fatality or
11near-fatality that occurred within the geographic boundaries
12of the judicial circuit covered by the regional review team
13and a qualifying relationship.
14    (a) A fatality or near-fatality includes at least one of
15the following:
16        (1) a homicide, as defined in Article 9 of the
17    Criminal Code of 2012 in which:
18            (A) the offender causes the death of the victim,
19        the deceased, or others; or
20            (B) the survivor causes the death of the offender,
21        the deceased, or others;
22        (2) a suicide or attempt suicide of the offender;
23        (3) a suicide of the victim;
24        (4) a suicide attempt of the survivor;
25        (5) a familicide in which the offender causes the

 

 

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1    death of the victim and other members of the victim's
2    family including, but not limited to, minor or adult
3    children and parents;
4        (6) the near-fatality of a survivor caused by the
5    offender;
6        (7) the near-fatality of an offender caused by the
7    survivor; or
8        (8) any other case involving domestic violence if a
9    majority of the regional review team vote that a review of
10    the case will advance the purposes of this Act.
11    (b) A qualifying relationship between the offender and the
12victim or survivor shall include instances or a history of
13domestic violence perpetrated by the offender against the
14victim or survivor and at least one of the following
15circumstances:
16        (1) the offender and the victim or survivor:
17            (A) resided together or shared a common dwelling
18        at any time;
19            (B) have or are alleged to have a child in common;
20        or
21            (C) are or were engaged, married, divorced,
22        separated, or had a dating or romantic relationship,
23        regardless of whether they had sexual relations;
24        (2) the offender stalked the victim or survivor as
25    described in Section 12-7.3 of the Criminal Code of 2012;
26        (3) the victim or survivor filed for an order of

 

 

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1    protection against the offender under the Illinois
2    Domestic Violence Act of 1986 or Section 112A-2.5 of the
3    Code of Criminal Procedure of 1963;
4        (4) the victim or survivor filed for a civil no
5    contact order against the offender under the Civil No
6    Contact Order Act or Section 112A-14.5 of the Code of
7    Criminal Procedure of 1963;
8        (5) the victim or survivor filed for a stalking no
9    contact order against the offender under the Stalking No
10    Contact Order Act or Section 112A-2.5 of the Code of
11    Criminal Procedure of 1963;
12        (6) the offender violated an order of protection,
13    civil no contact order, or stalking no contact order
14    obtained by the victim or survivor;
15        (7) the deceased resided in the same household as, was
16    present at the workplace of, was in the proximity of, or
17    was related by blood or affinity to a victim or survivor;
18        (8) the deceased was a law enforcement officer,
19    emergency medical technician, or other responder to a
20    domestic violence incident between the offender and the
21    victim or survivor; or
22        (9) a relationship between the offender and the
23    victim, survivor, or deceased exists that a majority of
24    the regional review team votes warrants review of the case
25    to advance the purposes of this Act.
26    (c) A case eligible review does not require criminal

 

 

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1charges or a conviction.
2    (d) Any criminal investigation, civil, criminal, or
3administrative proceeding, and appeals shall be complete for a
4case to be eligible for review.
 
5    Section 75. Confidentiality of regional review teams,
6information, and domestic violence fatality reviews.
7    (a) Meetings in which regional review teams are engaged in
8any activity related to domestic violence fatality review or
9in which confidential information is shared or disclosed are
10closed to the public and not subject to Section 2 of the Open
11Meetings Act.
12    (b) Unless otherwise available and lawfully obtained
13through another source pursuant to an applicable law that
14allows the disclosure and release of the information,
15confidential information is not:
16        (1) subject to the Freedom of Information Act;
17        (2) subject to subpoena and discovery under Section
18    2-402 of the Code of Civil Procedure, Article 115 of the
19    Code of Criminal Procedure of 1963, or Illinois Supreme
20    Court Rule 412,; and
21        (3) admissible as evidence in any civil or criminal
22    proceeding.
23    (c) Confidential information shall not be disclosed,
24released or shared except as follows:
25        (1) among Statewide Committee members or Statewide

 

 

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1    Committee staff pursuant to the review of an eligible
2    case;
3        (2) among regional review team members to determine
4    whether a case is eligible for review or whether an
5    eligible case should be reviewed;
6        (3) among regional review team members and
7    participants during a domestic violence fatality review;
8    or
9        (4) a regional review team votes to share confidential
10    information for solely educational or research purposes,
11    consistent with State or federal law, as long as the
12    information disclosed does not include the identities of
13    victims, survivors, deceased, or offenders, or their
14    family members or any information by which their
15    identities can be determined by a reasonably diligent
16    inquiry.
17    (d) All Statewide Committee members, Statewide Committee
18subcommittee members, Statewide Committee staff, all members
19of each regional review team, and any other person who
20participates in any manner in a review of an eligible case by a
21regional review team shall execute a confidentiality agreement
22based upon a model confidentiality agreement developed by the
23Statewide Committee or a document substantially similar to the
24Statewide Committee's model document that acknowledges and
25agrees to comply with the responsibility not to disclose or
26release confidential information. All executed confidentiality

 

 

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1agreements shall be maintained by the Statewide Committee and
2by each regional review team respectively.
3    (e) Members and staff of the Board, Statewide Committee,
4and members of a regional review team or participants of a
5domestic violence fatality review cannot be subject to
6examination or compelled to disclose or release confidential
7information in any administrative, civil or criminal
8proceeding, except for information that is otherwise available
9and lawfully obtained through another source pursuant to an
10applicable law that allows the disclosure and release of the
11information.
 
12    Section 80. Access to records and information.
13    (a) Upon the oral or written request by a regional review
14team, records and oral or written information relevant to the
15purposes of domestic violence fatality review and to the
16responsibilities of the regional review team shall be provided
17free of charge by the following: State and local governmental
18agencies and officials; medical and dental providers; domestic
19violence offender and partner abuse intervention service
20providers; child care providers; and employers. Examples of
21records and oral or written information that may be requested
22include, but are not limited to: guardian ad litem reports;
23parenting evaluations; victim impact statements; mental health
24evaluations submitted to a court; probation information,
25presentence interviews, and reports; recommendations made

 

 

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1regarding bail and release on own recognizance; child welfare
2reports and information; Child Advocacy Center reports and
3information; law enforcement incident reports, dispatch
4records, statements of victims, witnesses and suspects,
5supplemental reports, and probable cause statements; 9-1-1
6call-taker's reports; correction and post-sentence probation
7or supervision reports; medical, hospital, and dental
8treatment records; school records and information; child care
9records and information; and employer records and information.
10The records and oral or written information may be provided
11for purposes of domestic violence fatality review without
12authorization of the person or persons to whom the records and
13oral or written information relate.
14    (b) The records and oral or written information described
15in this Section provided to a regional review team or in a
16domestic violence fatality review become confidential
17information as defined in this Act. The Statewide Committee,
18regional review teams, and any other participant in a domestic
19violence fatality review shall maintain the confidentiality
20and shall not disclose or release the confidential information
21received, shared, or obtained.
22    (c) Nothing in this Act shall:
23        (1) limit public access to records or information that
24    are lawfully available; or
25        (2) change the confidentiality and privilege of
26    communications under the Illinois Domestic Violence Act of

 

 

10200HB3161sam001- 33 -LRB102 16114 LNS 26108 a

1    1986, Section 8-802.1 of the Code of Civil Procedure, the
2    Mental Health and Developmental Disabilities Code, 42 CFR
3    2.15, Section 40002(b)(2) of the Violence Against Women
4    Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28
5    CFR 94.115.
6    (d) The Statewide Committee or a regional review team may
7request and obtain information and records from outside the
8State by any available legal means.
 
9    Section 85. Storage and destruction of confidential
10information.
11    (a) Following a domestic violence fatality review,
12participants who brought or provided confidential information
13may return to their possession the confidential information,
14shall not disclose or share the confidential information
15unless otherwise allowed by State or federal law or not
16otherwise privileged, and may destroy the confidential
17information unless otherwise prohibited by State or federal
18law.
19    (b) Following a domestic violence fatality review, the
20co-chairs of the regional review team will store at the place
21of their employment or virtually on their confidential
22electronic database or other technology any remaining
23confidential information and will maintain the confidentiality
24of the information. One year following the submission of the
25regional review team's biennial report pursuant to Section 65,

 

 

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1the co-chair or a designee shall destroy the confidential
2information.
 
3    Section 90. Penalty for unlawful disclosure of
4confidential information. Anyone who discloses, receives,
5makes use of, or knowingly permits the use of any confidential
6information in violation of this Act commits a Class A
7misdemeanor.
 
8    Section 95. Immunity. If acting in good faith, without
9malice, and within the protocols established by the Statewide
10Committee and the regional review team, members of the
11Statewide Committee and regional review team, and anyone
12participating in a domestic violence fatality review shall
13have immunity from administrative, civil, or criminal
14liability for an act or omission related to the participation
15in a domestic violence fatality review, notwithstanding
16Section 90.
 
17    Section 900. The Open Meetings Act is amended by changing
18Section 2 as follows:
 
19    (5 ILCS 120/2)  (from Ch. 102, par. 42)
20    (Text of Section before amendment by P.A. 101-652)
21    Sec. 2. Open meetings.
22    (a) Openness required. All meetings of public bodies shall

 

 

10200HB3161sam001- 35 -LRB102 16114 LNS 26108 a

1be open to the public unless excepted in subsection (c) and
2closed in accordance with Section 2a.
3    (b) Construction of exceptions. The exceptions contained
4in subsection (c) are in derogation of the requirement that
5public bodies meet in the open, and therefore, the exceptions
6are to be strictly construed, extending only to subjects
7clearly within their scope. The exceptions authorize but do
8not require the holding of a closed meeting to discuss a
9subject included within an enumerated exception.
10    (c) Exceptions. A public body may hold closed meetings to
11consider the following subjects:
12        (1) The appointment, employment, compensation,
13    discipline, performance, or dismissal of specific
14    employees, specific individuals who serve as independent
15    contractors in a park, recreational, or educational
16    setting, or specific volunteers of the public body or
17    legal counsel for the public body, including hearing
18    testimony on a complaint lodged against an employee, a
19    specific individual who serves as an independent
20    contractor in a park, recreational, or educational
21    setting, or a volunteer of the public body or against
22    legal counsel for the public body to determine its
23    validity. However, a meeting to consider an increase in
24    compensation to a specific employee of a public body that
25    is subject to the Local Government Wage Increase
26    Transparency Act may not be closed and shall be open to the

 

 

10200HB3161sam001- 36 -LRB102 16114 LNS 26108 a

1    public and posted and held in accordance with this Act.
2        (2) Collective negotiating matters between the public
3    body and its employees or their representatives, or
4    deliberations concerning salary schedules for one or more
5    classes of employees.
6        (3) The selection of a person to fill a public office,
7    as defined in this Act, including a vacancy in a public
8    office, when the public body is given power to appoint
9    under law or ordinance, or the discipline, performance or
10    removal of the occupant of a public office, when the
11    public body is given power to remove the occupant under
12    law or ordinance.
13        (4) Evidence or testimony presented in open hearing,
14    or in closed hearing where specifically authorized by law,
15    to a quasi-adjudicative body, as defined in this Act,
16    provided that the body prepares and makes available for
17    public inspection a written decision setting forth its
18    determinative reasoning.
19        (5) The purchase or lease of real property for the use
20    of the public body, including meetings held for the
21    purpose of discussing whether a particular parcel should
22    be acquired.
23        (6) The setting of a price for sale or lease of
24    property owned by the public body.
25        (7) The sale or purchase of securities, investments,
26    or investment contracts. This exception shall not apply to

 

 

10200HB3161sam001- 37 -LRB102 16114 LNS 26108 a

1    the investment of assets or income of funds deposited into
2    the Illinois Prepaid Tuition Trust Fund.
3        (8) Security procedures, school building safety and
4    security, and the use of personnel and equipment to
5    respond to an actual, a threatened, or a reasonably
6    potential danger to the safety of employees, students,
7    staff, the public, or public property.
8        (9) Student disciplinary cases.
9        (10) The placement of individual students in special
10    education programs and other matters relating to
11    individual students.
12        (11) Litigation, when an action against, affecting or
13    on behalf of the particular public body has been filed and
14    is pending before a court or administrative tribunal, or
15    when the public body finds that an action is probable or
16    imminent, in which case the basis for the finding shall be
17    recorded and entered into the minutes of the closed
18    meeting.
19        (12) The establishment of reserves or settlement of
20    claims as provided in the Local Governmental and
21    Governmental Employees Tort Immunity Act, if otherwise the
22    disposition of a claim or potential claim might be
23    prejudiced, or the review or discussion of claims, loss or
24    risk management information, records, data, advice or
25    communications from or with respect to any insurer of the
26    public body or any intergovernmental risk management

 

 

10200HB3161sam001- 38 -LRB102 16114 LNS 26108 a

1    association or self insurance pool of which the public
2    body is a member.
3        (13) Conciliation of complaints of discrimination in
4    the sale or rental of housing, when closed meetings are
5    authorized by the law or ordinance prescribing fair
6    housing practices and creating a commission or
7    administrative agency for their enforcement.
8        (14) Informant sources, the hiring or assignment of
9    undercover personnel or equipment, or ongoing, prior or
10    future criminal investigations, when discussed by a public
11    body with criminal investigatory responsibilities.
12        (15) Professional ethics or performance when
13    considered by an advisory body appointed to advise a
14    licensing or regulatory agency on matters germane to the
15    advisory body's field of competence.
16        (16) Self evaluation, practices and procedures or
17    professional ethics, when meeting with a representative of
18    a statewide association of which the public body is a
19    member.
20        (17) The recruitment, credentialing, discipline or
21    formal peer review of physicians or other health care
22    professionals, or for the discussion of matters protected
23    under the federal Patient Safety and Quality Improvement
24    Act of 2005, and the regulations promulgated thereunder,
25    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
26    Health Insurance Portability and Accountability Act of

 

 

10200HB3161sam001- 39 -LRB102 16114 LNS 26108 a

1    1996, and the regulations promulgated thereunder,
2    including 45 C.F.R. Parts 160, 162, and 164, by a
3    hospital, or other institution providing medical care,
4    that is operated by the public body.
5        (18) Deliberations for decisions of the Prisoner
6    Review Board.
7        (19) Review or discussion of applications received
8    under the Experimental Organ Transplantation Procedures
9    Act.
10        (20) The classification and discussion of matters
11    classified as confidential or continued confidential by
12    the State Government Suggestion Award Board.
13        (21) Discussion of minutes of meetings lawfully closed
14    under this Act, whether for purposes of approval by the
15    body of the minutes or semi-annual review of the minutes
16    as mandated by Section 2.06.
17        (22) Deliberations for decisions of the State
18    Emergency Medical Services Disciplinary Review Board.
19        (23) The operation by a municipality of a municipal
20    utility or the operation of a municipal power agency or
21    municipal natural gas agency when the discussion involves
22    (i) contracts relating to the purchase, sale, or delivery
23    of electricity or natural gas or (ii) the results or
24    conclusions of load forecast studies.
25        (24) Meetings of a residential health care facility
26    resident sexual assault and death review team or the

 

 

10200HB3161sam001- 40 -LRB102 16114 LNS 26108 a

1    Executive Council under the Abuse Prevention Review Team
2    Act.
3        (25) Meetings of an independent team of experts under
4    Brian's Law.
5        (26) Meetings of a mortality review team appointed
6    under the Department of Juvenile Justice Mortality Review
7    Team Act.
8        (27) (Blank).
9        (28) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Illinois Public Aid
11    Code or (ii) that pertain to appeals under Section 11-8 of
12    the Illinois Public Aid Code.
13        (29) Meetings between internal or external auditors
14    and governmental audit committees, finance committees, and
15    their equivalents, when the discussion involves internal
16    control weaknesses, identification of potential fraud risk
17    areas, known or suspected frauds, and fraud interviews
18    conducted in accordance with generally accepted auditing
19    standards of the United States of America.
20        (30) Those meetings or portions of meetings of a
21    fatality review team or the Illinois Fatality Review Team
22    Advisory Council during which a review of the death of an
23    eligible adult in which abuse or neglect is suspected,
24    alleged, or substantiated is conducted pursuant to Section
25    15 of the Adult Protective Services Act.
26        (31) Meetings and deliberations for decisions of the

 

 

10200HB3161sam001- 41 -LRB102 16114 LNS 26108 a

1    Concealed Carry Licensing Review Board under the Firearm
2    Concealed Carry Act.
3        (32) Meetings between the Regional Transportation
4    Authority Board and its Service Boards when the discussion
5    involves review by the Regional Transportation Authority
6    Board of employment contracts under Section 28d of the
7    Metropolitan Transit Authority Act and Sections 3A.18 and
8    3B.26 of the Regional Transportation Authority Act.
9        (33) Those meetings or portions of meetings of the
10    advisory committee and peer review subcommittee created
11    under Section 320 of the Illinois Controlled Substances
12    Act during which specific controlled substance prescriber,
13    dispenser, or patient information is discussed.
14        (34) Meetings of the Tax Increment Financing Reform
15    Task Force under Section 2505-800 of the Department of
16    Revenue Law of the Civil Administrative Code of Illinois.
17        (35) Meetings of the group established to discuss
18    Medicaid capitation rates under Section 5-30.8 of the
19    Illinois Public Aid Code.
20        (36) Those deliberations or portions of deliberations
21    for decisions of the Illinois Gaming Board in which there
22    is discussed any of the following: (i) personal,
23    commercial, financial, or other information obtained from
24    any source that is privileged, proprietary, confidential,
25    or a trade secret; or (ii) information specifically
26    exempted from the disclosure by federal or State law.

 

 

10200HB3161sam001- 42 -LRB102 16114 LNS 26108 a

1        (37) Meetings of the regional review teams under
2    Section 75 of the Domestic Violence Fatality Review Act.
3    (d) Definitions. For purposes of this Section:
4    "Employee" means a person employed by a public body whose
5relationship with the public body constitutes an
6employer-employee relationship under the usual common law
7rules, and who is not an independent contractor.
8    "Public office" means a position created by or under the
9Constitution or laws of this State, the occupant of which is
10charged with the exercise of some portion of the sovereign
11power of this State. The term "public office" shall include
12members of the public body, but it shall not include
13organizational positions filled by members thereof, whether
14established by law or by a public body itself, that exist to
15assist the body in the conduct of its business.
16    "Quasi-adjudicative body" means an administrative body
17charged by law or ordinance with the responsibility to conduct
18hearings, receive evidence or testimony and make
19determinations based thereon, but does not include local
20electoral boards when such bodies are considering petition
21challenges.
22    (e) Final action. No final action may be taken at a closed
23meeting. Final action shall be preceded by a public recital of
24the nature of the matter being considered and other
25information that will inform the public of the business being
26conducted.

 

 

10200HB3161sam001- 43 -LRB102 16114 LNS 26108 a

1(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
2100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
38-23-19; revised 9-27-19.)
 
4    (Text of Section after amendment by P.A. 101-652)
5    Sec. 2. Open meetings.
6    (a) Openness required. All meetings of public bodies shall
7be open to the public unless excepted in subsection (c) and
8closed in accordance with Section 2a.
9    (b) Construction of exceptions. The exceptions contained
10in subsection (c) are in derogation of the requirement that
11public bodies meet in the open, and therefore, the exceptions
12are to be strictly construed, extending only to subjects
13clearly within their scope. The exceptions authorize but do
14not require the holding of a closed meeting to discuss a
15subject included within an enumerated exception.
16    (c) Exceptions. A public body may hold closed meetings to
17consider the following subjects:
18        (1) The appointment, employment, compensation,
19    discipline, performance, or dismissal of specific
20    employees, specific individuals who serve as independent
21    contractors in a park, recreational, or educational
22    setting, or specific volunteers of the public body or
23    legal counsel for the public body, including hearing
24    testimony on a complaint lodged against an employee, a
25    specific individual who serves as an independent

 

 

10200HB3161sam001- 44 -LRB102 16114 LNS 26108 a

1    contractor in a park, recreational, or educational
2    setting, or a volunteer of the public body or against
3    legal counsel for the public body to determine its
4    validity. However, a meeting to consider an increase in
5    compensation to a specific employee of a public body that
6    is subject to the Local Government Wage Increase
7    Transparency Act may not be closed and shall be open to the
8    public and posted and held in accordance with this Act.
9        (2) Collective negotiating matters between the public
10    body and its employees or their representatives, or
11    deliberations concerning salary schedules for one or more
12    classes of employees.
13        (3) The selection of a person to fill a public office,
14    as defined in this Act, including a vacancy in a public
15    office, when the public body is given power to appoint
16    under law or ordinance, or the discipline, performance or
17    removal of the occupant of a public office, when the
18    public body is given power to remove the occupant under
19    law or ordinance.
20        (4) Evidence or testimony presented in open hearing,
21    or in closed hearing where specifically authorized by law,
22    to a quasi-adjudicative body, as defined in this Act,
23    provided that the body prepares and makes available for
24    public inspection a written decision setting forth its
25    determinative reasoning.
26        (5) The purchase or lease of real property for the use

 

 

10200HB3161sam001- 45 -LRB102 16114 LNS 26108 a

1    of the public body, including meetings held for the
2    purpose of discussing whether a particular parcel should
3    be acquired.
4        (6) The setting of a price for sale or lease of
5    property owned by the public body.
6        (7) The sale or purchase of securities, investments,
7    or investment contracts. This exception shall not apply to
8    the investment of assets or income of funds deposited into
9    the Illinois Prepaid Tuition Trust Fund.
10        (8) Security procedures, school building safety and
11    security, and the use of personnel and equipment to
12    respond to an actual, a threatened, or a reasonably
13    potential danger to the safety of employees, students,
14    staff, the public, or public property.
15        (9) Student disciplinary cases.
16        (10) The placement of individual students in special
17    education programs and other matters relating to
18    individual students.
19        (11) Litigation, when an action against, affecting or
20    on behalf of the particular public body has been filed and
21    is pending before a court or administrative tribunal, or
22    when the public body finds that an action is probable or
23    imminent, in which case the basis for the finding shall be
24    recorded and entered into the minutes of the closed
25    meeting.
26        (12) The establishment of reserves or settlement of

 

 

10200HB3161sam001- 46 -LRB102 16114 LNS 26108 a

1    claims as provided in the Local Governmental and
2    Governmental Employees Tort Immunity Act, if otherwise the
3    disposition of a claim or potential claim might be
4    prejudiced, or the review or discussion of claims, loss or
5    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 in
11    the sale or rental of housing, when closed meetings are
12    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 public
18    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 of
25    a statewide association of which the public body is a
26    member.

 

 

10200HB3161sam001- 47 -LRB102 16114 LNS 26108 a

1        (17) The recruitment, credentialing, discipline or
2    formal peer review of physicians or other health care
3    professionals, or for the discussion of matters protected
4    under the federal Patient Safety and Quality Improvement
5    Act of 2005, and the regulations promulgated thereunder,
6    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
7    Health Insurance Portability and Accountability Act of
8    1996, and the regulations promulgated thereunder,
9    including 45 C.F.R. Parts 160, 162, and 164, by a
10    hospital, or other institution providing medical care,
11    that is operated by the public body.
12        (18) Deliberations for decisions of the Prisoner
13    Review Board.
14        (19) Review or discussion of applications received
15    under the Experimental Organ Transplantation Procedures
16    Act.
17        (20) The classification and discussion of matters
18    classified as confidential or continued confidential by
19    the State Government Suggestion Award Board.
20        (21) Discussion of minutes of meetings lawfully closed
21    under this Act, whether for purposes of approval by the
22    body of the minutes or semi-annual review of the minutes
23    as mandated by Section 2.06.
24        (22) Deliberations for decisions of the State
25    Emergency Medical Services Disciplinary Review Board.
26        (23) The operation by a municipality of a municipal

 

 

10200HB3161sam001- 48 -LRB102 16114 LNS 26108 a

1    utility or the operation of a municipal power agency or
2    municipal natural gas agency when the discussion involves
3    (i) contracts relating to the purchase, sale, or delivery
4    of electricity or natural gas or (ii) the results or
5    conclusions of load forecast studies.
6        (24) Meetings of a residential health care facility
7    resident sexual assault and death review team or the
8    Executive Council under the Abuse Prevention Review Team
9    Act.
10        (25) Meetings of an independent team of experts under
11    Brian's Law.
12        (26) Meetings of a mortality review team appointed
13    under the Department of Juvenile Justice Mortality Review
14    Team Act.
15        (27) (Blank).
16        (28) Correspondence and records (i) that may not be
17    disclosed under Section 11-9 of the Illinois Public Aid
18    Code or (ii) that pertain to appeals under Section 11-8 of
19    the Illinois Public Aid Code.
20        (29) Meetings between internal or external auditors
21    and governmental audit committees, finance committees, and
22    their equivalents, when the discussion involves internal
23    control weaknesses, identification of potential fraud risk
24    areas, known or suspected frauds, and fraud interviews
25    conducted in accordance with generally accepted auditing
26    standards of the United States of America.

 

 

10200HB3161sam001- 49 -LRB102 16114 LNS 26108 a

1        (30) Those meetings or portions of meetings of a
2    fatality review team or the Illinois Fatality Review Team
3    Advisory Council during which a review of the death of an
4    eligible adult in which abuse or neglect is suspected,
5    alleged, or substantiated is conducted pursuant to Section
6    15 of the Adult Protective Services Act.
7        (31) Meetings and deliberations for decisions of the
8    Concealed Carry Licensing Review Board under the Firearm
9    Concealed Carry Act.
10        (32) Meetings between the Regional Transportation
11    Authority Board and its Service Boards when the discussion
12    involves review by the Regional Transportation Authority
13    Board of employment contracts under Section 28d of the
14    Metropolitan Transit Authority Act and Sections 3A.18 and
15    3B.26 of the Regional Transportation Authority Act.
16        (33) Those meetings or portions of meetings of the
17    advisory committee and peer review subcommittee created
18    under Section 320 of the Illinois Controlled Substances
19    Act during which specific controlled substance prescriber,
20    dispenser, or patient information is discussed.
21        (34) Meetings of the Tax Increment Financing Reform
22    Task Force under Section 2505-800 of the Department of
23    Revenue Law of the Civil Administrative Code of Illinois.
24        (35) Meetings of the group established to discuss
25    Medicaid capitation rates under Section 5-30.8 of the
26    Illinois Public Aid Code.

 

 

10200HB3161sam001- 50 -LRB102 16114 LNS 26108 a

1        (36) Those deliberations or portions of deliberations
2    for decisions of the Illinois Gaming Board in which there
3    is discussed any of the following: (i) personal,
4    commercial, financial, or other information obtained from
5    any source that is privileged, proprietary, confidential,
6    or a trade secret; or (ii) information specifically
7    exempted from the disclosure by federal or State law.
8        (37) Deliberations for decisions of the Illinois Law
9    Enforcement Training Standards Board, the Certification
10    Review Panel, and the Illinois State Police Merit Board
11    regarding certification and decertification.
12        (38) Meetings of the regional review teams under
13    Section 75 of the Domestic Violence Fatality Review Act.
14    (d) Definitions. For purposes of this Section:
15    "Employee" means a person employed by a public body whose
16relationship with the public body constitutes an
17employer-employee relationship under the usual common law
18rules, and who is not an independent contractor.
19    "Public office" means a position created by or under the
20Constitution or laws of this State, the occupant of which is
21charged with the exercise of some portion of the sovereign
22power of this State. The term "public office" shall include
23members of the public body, but it shall not include
24organizational positions filled by members thereof, whether
25established by law or by a public body itself, that exist to
26assist the body in the conduct of its business.

 

 

10200HB3161sam001- 51 -LRB102 16114 LNS 26108 a

1    "Quasi-adjudicative body" means an administrative body
2charged by law or ordinance with the responsibility to conduct
3hearings, receive evidence or testimony and make
4determinations based thereon, but does not include local
5electoral boards when such bodies are considering petition
6challenges.
7    (e) Final action. No final action may be taken at a closed
8meeting. Final action shall be preceded by a public recital of
9the nature of the matter being considered and other
10information that will inform the public of the business being
11conducted.
12(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
13100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
148-23-19; 101-652, eff. 1-1-22.)
 
15    Section 905. The Freedom of Information Act is amended by
16changing Section 7.5 as follows:
 
17    (5 ILCS 140/7.5)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying

 

 

10200HB3161sam001- 52 -LRB102 16114 LNS 26108 a

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmissible
12    disease or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmissible
14    Disease Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

10200HB3161sam001- 53 -LRB102 16114 LNS 26108 a

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act. This subsection (n) shall
26    apply until the conclusion of the trial of the case, even

 

 

10200HB3161sam001- 54 -LRB102 16114 LNS 26108 a

1    if the prosecution chooses not to pursue the death penalty
2    prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Regional Transportation Authority under Section 2.11 of
10    the Regional Transportation Authority Act or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its

 

 

10200HB3161sam001- 55 -LRB102 16114 LNS 26108 a

1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (w) Personally identifiable information which is
21    exempted from disclosure under subsection (g) of Section
22    19.1 of the Toll Highway Act.
23        (x) Information which is exempted from disclosure
24    under Section 5-1014.3 of the Counties Code or Section
25    8-11-21 of the Illinois Municipal Code.
26        (y) Confidential information under the Adult

 

 

10200HB3161sam001- 56 -LRB102 16114 LNS 26108 a

1    Protective Services Act and its predecessor enabling
2    statute, the Elder Abuse and Neglect Act, including
3    information about the identity and administrative finding
4    against any caregiver of a verified and substantiated
5    decision of abuse, neglect, or financial exploitation of
6    an eligible adult maintained in the Registry established
7    under Section 7.5 of the Adult Protective Services Act.
8        (z) Records and information provided to a fatality
9    review team or the Illinois Fatality Review Team Advisory
10    Council under Section 15 of the Adult Protective Services
11    Act.
12        (aa) Information which is exempted from disclosure
13    under Section 2.37 of the Wildlife Code.
14        (bb) Information which is or was prohibited from
15    disclosure by the Juvenile Court Act of 1987.
16        (cc) Recordings made under the Law Enforcement
17    Officer-Worn Body Camera Act, except to the extent
18    authorized under that Act.
19        (dd) Information that is prohibited from being
20    disclosed under Section 45 of the Condominium and Common
21    Interest Community Ombudsperson Act.
22        (ee) Information that is exempted from disclosure
23    under Section 30.1 of the Pharmacy Practice Act.
24        (ff) Information that is exempted from disclosure
25    under the Revised Uniform Unclaimed Property Act.
26        (gg) Information that is prohibited from being

 

 

10200HB3161sam001- 57 -LRB102 16114 LNS 26108 a

1    disclosed under Section 7-603.5 of the Illinois Vehicle
2    Code.
3        (hh) Records that are exempt from disclosure under
4    Section 1A-16.7 of the Election Code.
5        (ii) Information which is exempted from disclosure
6    under Section 2505-800 of the Department of Revenue Law of
7    the Civil Administrative Code of Illinois.
8        (jj) Information and reports that are required to be
9    submitted to the Department of Labor by registering day
10    and temporary labor service agencies but are exempt from
11    disclosure under subsection (a-1) of Section 45 of the Day
12    and Temporary Labor Services Act.
13        (kk) Information prohibited from disclosure under the
14    Seizure and Forfeiture Reporting Act.
15        (ll) Information the disclosure of which is restricted
16    and exempted under Section 5-30.8 of the Illinois Public
17    Aid Code.
18        (mm) Records that are exempt from disclosure under
19    Section 4.2 of the Crime Victims Compensation Act.
20        (nn) Information that is exempt from disclosure under
21    Section 70 of the Higher Education Student Assistance Act.
22        (oo) Communications, notes, records, and reports
23    arising out of a peer support counseling session
24    prohibited from disclosure under the First Responders
25    Suicide Prevention Act.
26        (pp) Names and all identifying information relating to

 

 

10200HB3161sam001- 58 -LRB102 16114 LNS 26108 a

1    an employee of an emergency services provider or law
2    enforcement agency under the First Responders Suicide
3    Prevention Act.
4        (qq) Information and records held by the Department of
5    Public Health and its authorized representatives collected
6    under the Reproductive Health Act.
7        (rr) Information that is exempt from disclosure under
8    the Cannabis Regulation and Tax Act.
9        (ss) Data reported by an employer to the Department of
10    Human Rights pursuant to Section 2-108 of the Illinois
11    Human Rights Act.
12        (tt) Recordings made under the Children's Advocacy
13    Center Act, except to the extent authorized under that
14    Act.
15        (uu) Information that is exempt from disclosure under
16    Section 50 of the Sexual Assault Evidence Submission Act.
17        (vv) Information that is exempt from disclosure under
18    subsections (f) and (j) of Section 5-36 of the Illinois
19    Public Aid Code.
20        (ww) Information that is exempt from disclosure under
21    Section 16.8 of the State Treasurer Act.
22        (xx) Information that is exempt from disclosure or
23    information that shall not be made public under the
24    Illinois Insurance Code.
25        (yy) Information prohibited from being disclosed under
26    the Illinois Educational Labor Relations Act.

 

 

10200HB3161sam001- 59 -LRB102 16114 LNS 26108 a

1        (zz) Information prohibited from being disclosed under
2    the Illinois Public Labor Relations Act.
3        (aaa) Information prohibited from being disclosed
4    under Section 1-167 of the Illinois Pension Code.
5        (bbb) Information prohibited from being disclosed
6    under subsection (d) of Section 35 of the Domestic
7    Violence Fatality Review Act.
8(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
9100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
108-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
11eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
12100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
136-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
14eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
15101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
161-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
17eff. 7-7-20.)
 
18    Section 995. No acceleration or delay. Where this Act
19makes changes in a statute that is represented in this Act by
20text that is not yet or no longer in effect (for example, a
21Section represented by multiple versions), the use of that
22text does not accelerate or delay the taking effect of (i) the
23changes made by this Act or (ii) provisions derived from any
24other Public Act.
 

 

 

10200HB3161sam001- 60 -LRB102 16114 LNS 26108 a

1    Section 999. Effective date. This Act takes effect upon
2becoming law.".