Full Text of SB0685 102nd General Assembly
SB0685eng 102ND GENERAL ASSEMBLY |
| | SB0685 Engrossed | | LRB102 12042 LNS 17378 b |
|
| 1 | | AN ACT concerning domestic violence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Domestic Violence Fatality Review Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Case eligible for review" means the case based upon a | 8 | | qualifying relationship that the regional review teams can | 9 | | review under Section 70. | 10 | | "Commission" means the Illinois Domestic Violence Fatality | 11 | | Review Commission. | 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 | 17 | | by the Commission or by a regional review team with regard | 18 | | to a case eligible for review to determine whether the | 19 | | case should be reviewed or a review of an eligible case; | 20 | | (2) any information that discloses the identities of | 21 | | victims, survivors, deceased, or offenders, or their | 22 | | family members, or any information by which their | 23 | | identities can be determined by a reasonably diligent |
| | | SB0685 Engrossed | - 2 - | LRB102 12042 LNS 17378 b |
|
| 1 | | inquiry; and | 2 | | (3) any discussions, deliberations, minutes, notes, | 3 | | records, or opinions of the Commission members or members | 4 | | of a regional review team with regard to a case eligible | 5 | | for review to determine whether the case should be | 6 | | reviewed or a review of an eligible case. Confidential | 7 | | information does not mean nonidentifying or aggregate data | 8 | | information or analysis of data, and recommendations for | 9 | | community and systemic reform. | 10 | | "Deceased" means anyone who died in connection with the | 11 | | actions of the offender, other than the victim, survivor, or | 12 | | offender. | 13 | | "Domestic violence" means abuse as it is defined in | 14 | | Section 103 of the Illinois Domestic Violence Act of 1986 and | 15 | | paragraph (1) of subsection (b) of Section 112A-3 of the Code | 16 | | of Criminal Procedure of 1963. | 17 | | "Domestic violence fatality review" means the deliberative | 18 | | process of multiagency and multidisciplinary teams that select | 19 | | eligible cases of domestic violence related fatalities and | 20 | | near-fatalities, and trace prior systemic interventions and | 21 | | involvement to: | 22 | | (1) examine barriers to safety, justice, | 23 | | self-determination, and equity; | 24 | | (2) identify systemic and community gaps and consider | 25 | | alternate and more effective systemic responses; and | 26 | | (3) develop recommendations for greater coordinated |
| | | SB0685 Engrossed | - 3 - | LRB102 12042 LNS 17378 b |
|
| 1 | | and improved community and systemic response and | 2 | | prevention initiatives to domestic violence in order to | 3 | | reduce the occurrence, frequency, and severity of domestic | 4 | | violence and prevent fatalities and near-fatalities. | 5 | | "Familicide" means the killing of a family, including one | 6 | | or both parents and any children, by a family member. | 7 | | "Fatality" means death caused by suicide or homicide. | 8 | | "Near-fatality" means a death that nearly occurred by | 9 | | means of suicide or homicide, or an injury that could have | 10 | | resulted in death. | 11 | | "Offender" means the person who inflicted domestic | 12 | | violence upon the victim and caused the victim's death, or the | 13 | | person who inflicted domestic violence upon a survivor. | 14 | | "Offender" includes a person who is deceased or alive, and is | 15 | | not required to have been the subject of a criminal | 16 | | investigation or prosecution. | 17 | | "Regional domestic violence fatality review team" or | 18 | | "regional review team" means a multiagency and | 19 | | multidisciplinary team that selects and reviews eligible cases | 20 | | in accordance with Section 45. | 21 | | "Survivor" means a person who experienced domestic | 22 | | violence and is alive. | 23 | | "Victim" means the person who experienced domestic | 24 | | violence and is deceased, including by means of homicide or | 25 | | suicide. |
| | | SB0685 Engrossed | - 4 - | LRB102 12042 LNS 17378 b |
|
| 1 | | Section 10. Findings. The General Assembly finds and | 2 | | declares the following: | 3 | | (a) Over 10,000,000 people in the United States experience | 4 | | physical domestic violence by a current or former partner each | 5 | | year. | 6 | | (b) According to the Centers for Disease Control and | 7 | | Prevention of the United States Department of Health and Human | 8 | | Services, domestic violence accounts for 15% of all violent | 9 | | crime in the United States, and in this State, 42% of women and | 10 | | 26% of men have been harmed by an intimate partner in their | 11 | | lifetime. | 12 | | (c) According to the U.S. Department of Justice, | 13 | | nationwide approximately 1 in 4 women and nearly 1 in 7 men | 14 | | experience severe physical violence resulting from domestic | 15 | | violence by an intimate partner at some point in their | 16 | | lifetime. | 17 | | (d) The Illinois Criminal Justice Information Authority | 18 | | found that while the actual number of domestic violence | 19 | | incidents are underreported, in this State over 100,000 | 20 | | domestic violence offenses were reported to law enforcement | 21 | | each year between 2005 and 2017. Between 400,000 and nearly | 22 | | 600,000 orders of protection were filed each year between 2005 | 23 | | and 2017. | 24 | | (e) From 2001 to 2018, State domestic violence agencies | 25 | | served nearly 800,000 adults and children, at an average of | 26 | | 57,684 clients per year, according to the Illinois Criminal |
| | | SB0685 Engrossed | - 5 - | LRB102 12042 LNS 17378 b |
|
| 1 | | Justice Information Authority. | 2 | | (f) Domestic violence related homicides account for nearly | 3 | | 1 in 5 murders in the United States. According to the National | 4 | | Coalition Against Domestic Violence, female homicide victims | 5 | | are substantially more likely than male homicide victims to | 6 | | have been killed by an intimate partner. One in 3 female murder | 7 | | victims are killed by intimate partners. About 4% of male | 8 | | homicide victims were killed by an intimate partner. | 9 | | Nationwide, 72% of all homicide-suicides involved an intimate | 10 | | partner of which 94% of the murdered victims are women. | 11 | | (g) The Illinois Criminal Justice Information Authority | 12 | | found that 15% of all homicides in this State are connected to | 13 | | domestic violence, such that at least 130 domestic violence | 14 | | related homicides occurred in this State during 2019. The | 15 | | Illinois Coalition Against Domestic Violence found that | 16 | | domestic violence fatalities occurred across at least 26 | 17 | | counties and included at least 7 children between July 2019 | 18 | | and June 2020. | 19 | | (h) The Illinois Criminal Justice Information Authority | 20 | | found that the estimated impact of domestic violence homicides | 21 | | reported in this State during 2019 would total nearly $1.2 | 22 | | billion. | 23 | | (i) Nearly all familicides involve a history of domestic | 24 | | violence. | 25 | | (j) Effective responses to domestic violence and domestic | 26 | | violence related fatalities involve governmental, social |
| | | SB0685 Engrossed | - 6 - | LRB102 12042 LNS 17378 b |
|
| 1 | | services, and other systems in the community. A coordinated | 2 | | and consistent approach among community and system points of | 3 | | intervention are important to fostering the safety, stability, | 4 | | well-being and healing of survivors, and facilitating | 5 | | meaningful engagement with and sustainable accountability for | 6 | | offenders. | 7 | | (k) Domestic violence transcends boundaries of race, | 8 | | religion, ethnicity, sexual orientation, gender identity, | 9 | | disability, culture, socioeconomic status, and geography. | 10 | | (l) Domestic violence related fatalities and | 11 | | near-fatalities are experienced and responded to differently | 12 | | in historically marginalized communities. The communities and | 13 | | systems that victims, survivors, and offenders engage with in | 14 | | historically marginalized communities are typically those with | 15 | | power imbalances often rooted in systemic racism and | 16 | | oppression. Women of color, in particular, face additional | 17 | | barriers and gaps in accessing systemic and community | 18 | | responses aimed at reducing domestic violence related | 19 | | fatalities and near-fatalities. | 20 | | (m) Over 200 domestic violence fatality review teams exist | 21 | | across the United States. Those teams are engaged in systems | 22 | | reform in order to improve the response to domestic violence | 23 | | and reduce and prevent domestic violence related fatalities | 24 | | and near-fatalities. | 25 | | (n) Domestic violence related fatalities and | 26 | | near-fatalities can be prevented, and the use of regional |
| | | SB0685 Engrossed | - 7 - | LRB102 12042 LNS 17378 b |
|
| 1 | | domestic violence fatality review teams under the leadership, | 2 | | guidance, and technical assistance of the Commission is an | 3 | | effort toward such prevention. | 4 | | Section 15. Purposes. The purposes of this Act are: | 5 | | (1) To create the Illinois Domestic Violence Fatality | 6 | | Review Commission within State government to support domestic | 7 | | violence fatality review in this State. | 8 | | (2) To establish regional domestic violence fatality | 9 | | review teams that engage in domestic violence fatality review | 10 | | in this State in order to foster systemic reform that aims to: | 11 | | (A) reduce domestic violence and domestic violence | 12 | | related fatalities and near-fatalities in this State; | 13 | | (B) address disparate and discriminatory practices and | 14 | | attitudes in the systems that interact with victims, | 15 | | survivors, and offenders; and | 16 | | (C) reduce the cost on society of domestic violence | 17 | | and domestic violence related fatalities and | 18 | | near-fatalities by: | 19 | | (i) reviewing selected cases eligible for review; | 20 | | (ii) examining how systems have responded to | 21 | | individual experiences; | 22 | | (iii) identifying gaps and barriers to effective | 23 | | and equitable responses that promote safety, | 24 | | stability, well-being, healing, and accountability; | 25 | | and |
| | | SB0685 Engrossed | - 8 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (iv) recommending strategies to improve community | 2 | | and systemic responses to domestic violence in order | 3 | | to foster points of intervention and support that are | 4 | | effective, coordinated, collaborative, consistent, | 5 | | just, and equitable. | 6 | | Section 20. Illinois Domestic Violence Fatality Review | 7 | | Commission. The Illinois Domestic Violence Fatality Review | 8 | | Commission is hereby created to provide guidance, leadership, | 9 | | technical assistance, research, and other supports to the | 10 | | regional domestic violence fatality review teams in carrying | 11 | | out their responsibilities under this Act, and to serve as a | 12 | | statewide resource for addressing domestic violence related | 13 | | fatalities and near-fatalities as well as other forms of abuse | 14 | | connected to domestic violence. | 15 | | Section 25. Membership of the Commission. | 16 | | (a) The Commission shall consist of the following voting | 17 | | members and nonvoting ex officio members. The voting | 18 | | membership shall have racial, ethnic, gender, and geographic | 19 | | diversity and include the following: | 20 | | (1) Four members of the General Assembly as follows: 2 | 21 | | members of the Senate, one member appointed by the | 22 | | President of the Senate and one member appointed by the | 23 | | Senate Minority Leader; 2 members of the House of | 24 | | Representatives, one member appointed by the Speaker of |
| | | SB0685 Engrossed | - 9 - | LRB102 12042 LNS 17378 b |
|
| 1 | | the House and one member appointed by the House Minority | 2 | | Leader. | 3 | | (2) One member of the Governor's policy leadership | 4 | | team appointed by the Governor. | 5 | | (3) Up to 19 public members appointed by the Governor, | 6 | | including: | 7 | | (A) Four members representing different regional | 8 | | review teams established under this Act, or at-large | 9 | | members in accordance with subparagraph (I) if 4 | 10 | | regional review teams have not yet been established at | 11 | | the time of appointment. | 12 | | (B) Two members representing statewide, regional, | 13 | | or local organizations that advocate on behalf of | 14 | | survivors of domestic violence. | 15 | | (C) Two members who are domestic violence | 16 | | survivors, one of whom may be a family member of a | 17 | | victim of domestic violence related fatality or | 18 | | near-fatality. | 19 | | (D) Four social service providers representing | 20 | | different geographic areas of the State whose | 21 | | significant purpose is to provide services to | 22 | | survivors of domestic violence. | 23 | | (E) Two social service providers who have | 24 | | significant experience working with domestic violence | 25 | | offenders. | 26 | | (F) One physician licensed by the State whose |
| | | SB0685 Engrossed | - 10 - | LRB102 12042 LNS 17378 b |
|
| 1 | | State practice focuses on emergency medicine. | 2 | | (G) One member of the Illinois Association of | 3 | | Chiefs of Police recommended by the Association | 4 | | Director or President. | 5 | | (H) One member of the Illinois Sheriffs' | 6 | | Association recommended by the Association Director or | 7 | | President. | 8 | | (I) Three at-large members who have substantial | 9 | | expertise and experience in the response to or | 10 | | prevention of domestic violence and domestic violence | 11 | | related fatalities and near-fatalities, or a related | 12 | | skill or expertise. | 13 | | (b) The following, or a designee, shall serve as nonvoting | 14 | | ex officio members of the Commission: the Lieutenant Governor; | 15 | | the Secretary of Human Services; the Director of Public | 16 | | Health; the Attorney General; the Director of the Illinois | 17 | | State Police; the Director of Children and Family Services; | 18 | | the Director of the Illinois Criminal Justice Information | 19 | | Authority; the Director of the Office of the State's Attorney | 20 | | Appellate Prosecutor; and the Director of the Office of the | 21 | | State Appellate Defender. | 22 | | Section 30. Commission terms of members; vacancies. | 23 | | (a) Terms of the original voting members shall be | 24 | | staggered as follows: one-half shall be appointed for 2-year | 25 | | terms and one-half shall be appointed for 3-year terms. The |
| | | SB0685 Engrossed | - 11 - | LRB102 12042 LNS 17378 b |
|
| 1 | | length of the initial terms of each original voting member | 2 | | shall be drawn by lot at the first meeting held by the | 3 | | Commission and shall be recorded as part of the minutes of the | 4 | | meeting. After the initial term, each term shall be for 3 | 5 | | years. No member may serve more than 2 consecutive terms. | 6 | | Former members are eligible for reappointment after a waiting | 7 | | period of at least 12 months following their last date of | 8 | | service as a member of the Commission. Length of terms of | 9 | | co-chairs, the secretary, and other officers coincide with | 10 | | regional review team membership terms. | 11 | | (b) Vacancies shall be filled in accordance with Section | 12 | | 25. Appointments to fill vacancies occurring before the | 13 | | expiration of a term are for the remainder of the unexpired | 14 | | term. A member whose term has expired may serve until a | 15 | | successor is appointed and accepts the appointment. | 16 | | Section 35. Commission quorum; meetings; compensation. | 17 | | (a) A quorum shall consist of a majority of the voting | 18 | | members of the Commission. | 19 | | (b) The first meeting of the Commission shall occur 60 | 20 | | days after a quorum of the Commission is appointed, or no later | 21 | | than 180 days after the effective date of this Act regardless | 22 | | of whether a quorum of the Commission has been appointed. At | 23 | | the first meeting and at subsequent meetings when terms | 24 | | expire, the voting members shall elect 2 co-chairs and a | 25 | | secretary from among the voting members and may elect any |
| | | SB0685 Engrossed | - 12 - | LRB102 12042 LNS 17378 b |
|
| 1 | | other officers and other officers the voting members deem | 2 | | necessary to carry out the duties and responsibilities of the | 3 | | Commission. | 4 | | (c) The Commission shall meet at least quarterly each | 5 | | State fiscal year. Additional meetings may be called by the | 6 | | co-chairs, after at least 7 days prior notice to the | 7 | | Commission members, or upon a written request signed by at | 8 | | least 5 Commission members to the co-chairs for a meeting | 9 | | request. Meetings may be held by a virtual meeting format | 10 | | during a public health emergency or disaster proclamation | 11 | | declared by the Governor, or at the discretion of the | 12 | | co-chairs. | 13 | | (d) The meetings of the Commission are subject to the Open | 14 | | Meetings Act, except the following shall occur in closed | 15 | | executive sessions not subject to the requirements of the Open | 16 | | Meetings Act: | 17 | | (1) discussions about personnel matters, confidential | 18 | | information as defined by Section 5, or cases eligible for | 19 | | review under Section 70; | 20 | | (2) conducting a domestic violence fatality review; | 21 | | and | 22 | | (3) any other matters that the Commission co-chairs | 23 | | deem necessary or a majority of the Commission members | 24 | | vote to discuss in a closed executive session in order to | 25 | | advance the purposes of this Act. | 26 | | (e) The members shall receive no compensation for their |
| | | SB0685 Engrossed | - 13 - | LRB102 12042 LNS 17378 b |
|
| 1 | | service as members of the Commission, but may receive | 2 | | reimbursement for actual expenses incurred in the performance | 3 | | of their duties, subject to the availability of funds for that | 4 | | purpose. | 5 | | Section 40. Duties and responsibilities of the Commission. | 6 | | (a) The Commission shall carry out the following duties | 7 | | and responsibilities: | 8 | | (1) Hire a full-time Executive Director to carry out | 9 | | the duties and responsibilities of the Commission and the | 10 | | purposes of this Act. The Executive Director may hire | 11 | | additional staff, subject to the availability of funds for | 12 | | that purpose and subject to the approval of the | 13 | | Commission. The Commission and regional review teams can | 14 | | operate without an acting Executive Director. | 15 | | (2) Establish and maintain an Internet website. | 16 | | (3) Prepare an annual budget that includes | 17 | | compensation for the Executive Director and staff, and | 18 | | financial reimbursement to regional review team members or | 19 | | teams for actual expenses incurred in the performance of | 20 | | their duties, subject to the availability of funds for | 21 | | that purpose. | 22 | | (4) Facilitate the establishment and implementation of | 23 | | regional review teams and collaboratively develop regional | 24 | | implementation plans and procedures. | 25 | | (5) Provide training and ongoing technical assistance |
| | | SB0685 Engrossed | - 14 - | LRB102 12042 LNS 17378 b |
|
| 1 | | to regional review teams. | 2 | | (6) Conduct, or assist in conducting, regional | 3 | | domestic violence fatality reviews if requested by | 4 | | regional review teams in specific cases. | 5 | | (7) Develop model confidentiality agreement, policies, | 6 | | and procedures for the use of regional review teams. | 7 | | (8) Develop guidelines for the annual and biennial | 8 | | reports of the Commission and the regional review teams | 9 | | pursuant to this Section and Section 65. | 10 | | (9) Appoint the initial members of each regional | 11 | | review team in accordance with Section 50 or designate a | 12 | | founding member of a regional review team to form the | 13 | | remainder of the regional review team in accordance with | 14 | | Section 50, unless the regional review team has been | 15 | | formed prior to the effective date of this Act or elects to | 16 | | form without the involvement of the Commission. | 17 | | (10) Create a process whereby the Commission shall | 18 | | annually officially recognize regional review teams that | 19 | | are formed and operated in substantial compliance with the | 20 | | requirements of this Act, and nonrecognize those regional | 21 | | review teams that are substantially out of compliance | 22 | | after reasonable efforts are made by the Commission to | 23 | | engage the regional review team's co-chairs and other | 24 | | regional stakeholders to facilitate corrective actions to | 25 | | bring the regional review team into substantial | 26 | | compliance. A nonrecognized regional review team no longer |
| | | SB0685 Engrossed | - 15 - | LRB102 12042 LNS 17378 b |
|
| 1 | | has the authority to operate under this Act, however, | 2 | | nonrecognition would not preclude the formation of a new | 3 | | regional review team for the affected region. | 4 | | (11) Review, analyze, maintain, and securely store | 5 | | regional review team reports and recommendations submitted | 6 | | by each regional review team as required by Section 65. | 7 | | (12) File an annual report with the Governor and the | 8 | | General Assembly on the operations and activities of the | 9 | | Commission and of the regional review teams. The first | 10 | | report shall be due no later than March 1, 2023, and each | 11 | | subsequent report shall be due no later than March 1 of | 12 | | each year thereafter. The annual report shall be made | 13 | | publicly available on the Commission's Internet website. | 14 | | (13) In even numbered years, file a substantive | 15 | | biennial report reviewing and analyzing the data and | 16 | | recommendations collected from the reports of the regional | 17 | | review teams. The biennial report shall include specific | 18 | | recommendations for legislative, systemic, policy, and any | 19 | | other changes to reduce domestic violence and domestic | 20 | | violence related fatalities and near-fatalities. The first | 21 | | report shall be due no later than April 1, 2024, and each | 22 | | subsequent report shall be due no later than April 1 of | 23 | | each even year thereafter. The biennial report shall be | 24 | | made publicly available on the Commission's Internet | 25 | | website. | 26 | | (b) The Commission may carry out the following duties and |
| | | SB0685 Engrossed | - 16 - | LRB102 12042 LNS 17378 b |
|
| 1 | | responsibilities: | 2 | | (1) After a vote by the majority of the voting | 3 | | Commission members or a decision by the co-chairs, | 4 | | establish one or more subcommittees or task forces to | 5 | | address specific issues regarding domestic violence, | 6 | | domestic violence fatalities and near-fatalities, domestic | 7 | | violence fatality review, or other related issues or | 8 | | subject matters, and may invite nonmembers with expertise | 9 | | on the issue or subject matter to serve on the | 10 | | subcommittee or task force. Each subcommittee or task | 11 | | force shall be chaired by a member of the Commission. | 12 | | (2) Advise the Governor and General Assembly on | 13 | | domestic violence, domestic violence fatalities and | 14 | | near-fatalities, domestic violence fatality review, data, | 15 | | and related topics or policies. | 16 | | (3) Engage nonmember stakeholders in reviewing | 17 | | selected recommendations from the regional review teams in | 18 | | accordance with notions of fairness, equity, justice, due | 19 | | process, and practicality. | 20 | | (4) Analyze data and identify trends related to | 21 | | domestic violence and domestic violence related fatalities | 22 | | and near-fatalities, and develop mechanisms for | 23 | | collecting, analyzing, and storing data that it collects | 24 | | or that is provided by the regional review teams. | 25 | | (5) Adopt administrative rules in order to implement | 26 | | this Act. |
| | | SB0685 Engrossed | - 17 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (6) Subject to the availability of funding and | 2 | | approval by a vote of the majority of the Commission | 3 | | members, engage with and enter into contracts with a | 4 | | higher education institution or research entity for | 5 | | research, analysis, training, and educational purposes in | 6 | | furtherance of the purposes of this Act. Commission | 7 | | members or Commission staff shall not share information | 8 | | with contractors that would disclose the identities of | 9 | | victims, survivors, deceased, offenders, and their family | 10 | | members or by which their identities can be determined by | 11 | | a reasonably diligent inquiry. | 12 | | (7) Support the implementation of systemic and | 13 | | community reform recommendations in order to advance the | 14 | | purposes of this Act. | 15 | | (8) Engage in any other activities that enable the | 16 | | Commission, its staff, and the regional review teams to | 17 | | carry out the purposes of this Act. | 18 | | Section 45. Regional domestic violence fatality review | 19 | | teams. A regional domestic violence fatality review team may | 20 | | be established within the boundaries of each judicial circuit. | 21 | | Once a review team is established within the boundaries of the | 22 | | judicial circuit, the team may establish one or more subteams | 23 | | to efficiently and effectively carry out the responsibilities | 24 | | of the regional review team and conduct domestic violence | 25 | | fatality review. |
| | | SB0685 Engrossed | - 18 - | LRB102 12042 LNS 17378 b |
|
| 1 | | Section 50. Membership of regional domestic violence | 2 | | fatality review teams. Each regional review team shall, at a | 3 | | minimum, include the following members from within the | 4 | | boundaries of the judicial circuit: | 5 | | (1) a State's Attorney or Assistant State's Attorney; | 6 | | (2) a public defender or other criminal defense lawyer; | 7 | | (3) a coroner or medical examiner; | 8 | | (4) a Sheriff, Deputy Sheriff, Chief of Police, or other | 9 | | law enforcement officer with experience in domestic violence | 10 | | cases; | 11 | | (5) a social service provider whose significant role is to | 12 | | provide services to survivors of domestic violence; | 13 | | (6) a social service provider who has significant | 14 | | experience working with domestic violence offenders, if | 15 | | available in the region; | 16 | | (7) a civil legal services lawyer or pro bono lawyer | 17 | | connected with a civil legal services program; and | 18 | | (8) at least 2 of the following members: a public health | 19 | | official; a physician licensed by the State who specializes in | 20 | | emergency medicine; an advanced practice registered nurse; a | 21 | | licensed mental health professional such as a psychiatrist, | 22 | | clinical psychologist, licensed clinical professional | 23 | | counselor, or licensed clinical social worker; a circuit judge | 24 | | or associate judge; a clerk of the circuit court or other | 25 | | elected or appointed court official; an administrative law |
| | | SB0685 Engrossed | - 19 - | LRB102 12042 LNS 17378 b |
|
| 1 | | judge; an emergency medical technician, paramedic, or other | 2 | | first responder; a local or regional elected official or State | 3 | | legislator; a representative from the private business sector; | 4 | | a member of the clergy or other representative of the faith | 5 | | community; a public housing authority administrator or | 6 | | manager; an alcohol and substance abuse treatment | 7 | | professional; a probation or parole officer; a child welfare | 8 | | administrator, caseworker, or investigator; a public school | 9 | | administrator, teacher, or school support staff person | 10 | | licensed and endorsed by the Illinois State Board of | 11 | | Education; a representative of a State university or community | 12 | | college; a social science researcher or data analyst; a | 13 | | survivor or a family member or friend of a survivor or victim; | 14 | | a supervised child visitation or child exchange staff person; | 15 | | or a member of the public at-large who has the education, | 16 | | training, or experience to carry out the purposes of the | 17 | | regional review team. | 18 | | Section 55. Terms of regional review team members; | 19 | | vacancies. | 20 | | (a) Terms of the original regional team members shall be | 21 | | staggered as follows: one-half of the initial members of the | 22 | | review team shall serve 2-year terms, and one-half of the | 23 | | initial members shall serve 3-year terms. The initial terms | 24 | | shall be drawn by lot at the first meeting of the review team. | 25 | | Following the initial terms, each member of the review team |
| | | SB0685 Engrossed | - 20 - | LRB102 12042 LNS 17378 b |
|
| 1 | | shall serve 3-year terms. No member shall serve more than 2 | 2 | | consecutive terms. Length of terms of co-chairs, the | 3 | | secretary, and other officers coincide with regional review | 4 | | team membership terms. | 5 | | (b) Vacancies shall be filled by individuals who meet the | 6 | | requirements of Section 50 either by an application process or | 7 | | upon the recommendation of a member of the review team, and | 8 | | approved by a vote of the majority of the regional review team | 9 | | members. Vacancies occurring during a term shall be filled to | 10 | | complete the current term. Members whose terms have expired | 11 | | may continue to serve until a new member is appointed. Former | 12 | | members are eligible for reappointment after the expiration of | 13 | | at least 12 months following their last date of service. | 14 | | Section 60. Regional review team quorum; meetings; | 15 | | compensation. | 16 | | (a) All members of the regional review team are voting | 17 | | members. A majority of the members of the regional review team | 18 | | shall constitute a quorum. | 19 | | (b) At the first meeting and at subsequent meetings when | 20 | | terms expire, the regional review team shall elect 2 co-chairs | 21 | | and a secretary and may elect any other officers the voting | 22 | | members deem necessary to carry out the duties and | 23 | | responsibilities of the Commission. | 24 | | (c) Each regional review team shall meet at least | 25 | | quarterly on a date and at a time and location determined by |
| | | SB0685 Engrossed | - 21 - | LRB102 12042 LNS 17378 b |
|
| 1 | | the co-chairs. Additional meetings may be convened by the | 2 | | co-chairs upon at least 7 days' prior written notice to the | 3 | | regional review team members, or upon the written request by | 4 | | at least 5 regional review team members to the co-chairs. | 5 | | Meetings may be held by virtual meeting format during a public | 6 | | health emergency or disaster proclamation declared by the | 7 | | Governor, or at the discretion of the co-chairs. | 8 | | (d) Members of regional review teams are not entitled to | 9 | | compensation, but may receive reimbursement for actual | 10 | | expenses incurred in the performance of their duties, subject | 11 | | to the availability of State or local funds for such purposes. | 12 | | Section 65. Duties and responsibilities of the regional | 13 | | domestic violence fatality review team. | 14 | | (a) Each regional review team shall carry out the | 15 | | following duties and responsibilities: | 16 | | (1) Form a regional review team in accordance with | 17 | | Sections 50 and 55. | 18 | | (2) Report the names, professional titles, if | 19 | | applicable, and business contact information of each | 20 | | review team member to the Commission and inform the | 21 | | Commission in a timely manner of any changes to the | 22 | | membership of the regional review team. | 23 | | (3) Create a secure system of maintaining and storing | 24 | | minutes, correspondence, and confidential information | 25 | | related to the regional review team and the domestic |
| | | SB0685 Engrossed | - 22 - | LRB102 12042 LNS 17378 b |
|
| 1 | | violence fatality reviews. | 2 | | (4) Ensure that each member of the regional review | 3 | | team participates in trainings and technical assistance | 4 | | provided by the Commission and other professionals. | 5 | | (5) Meet at least quarterly and maintain minutes of | 6 | | the business conducted by the regional review team at each | 7 | | meeting. | 8 | | (6) Establish priorities for reviewing eligible cases | 9 | | that consider, in part, demographic and case type | 10 | | diversity. | 11 | | (7) Based upon information available from a variety of | 12 | | sources, consider cases eligible for review in accordance | 13 | | with Section 70. | 14 | | (8) Vote by a majority of the regional review team | 15 | | members to review a specific case based upon various | 16 | | factors, including the priorities by the regional review | 17 | | team. | 18 | | (9) Invite and coordinate with the specific people | 19 | | designated in Section 50 who were involved in the selected | 20 | | domestic violence related fatality or near-fatality to | 21 | | participate in the domestic violence fatality review. | 22 | | Members of the regional review team may also participate | 23 | | directly in the domestic violence fatality review. | 24 | | (10) Execute a confidentiality agreement with each | 25 | | member of the regional review team and participant of a | 26 | | domestic violence fatality review in accordance with |
| | | SB0685 Engrossed | - 23 - | LRB102 12042 LNS 17378 b |
|
| 1 | | Section 75. | 2 | | (11) Conduct a domestic violence fatality review of at | 3 | | least 2 eligible cases per calendar year, or, if the | 4 | | regional review team is unable to complete at least 2 | 5 | | reviews in a given year, provide an explanation to the | 6 | | Commission in the regional review team's annual report | 7 | | pursuant to paragraph (12). | 8 | | (12) Prepare and submit an annual report to the | 9 | | Commission on the operations and activities of the | 10 | | regional review team in accordance with guidelines | 11 | | established by the Commission. The initial report shall be | 12 | | due on March 1 following the formation of the regional | 13 | | review team and subsequent reports shall be submitted no | 14 | | later than March 1 of each year thereafter. | 15 | | (13) On odd numbered years, prepare and submit to the | 16 | | Commission a biennial report based upon the domestic | 17 | | violence fatality reviews of the corresponding time | 18 | | period. The biennial report shall include specific | 19 | | recommendations for legislative, systemic, policy, and any | 20 | | other changes to reduce domestic violence and domestic | 21 | | violence related fatalities and near-fatalities. These | 22 | | recommendations will be reviewed by the Commission | 23 | | according to Section 40 and will, in part, inform the | 24 | | Commission's biennial report on even years. Any | 25 | | information that identifies the victims, survivors, | 26 | | deceased, or offenders, or their family members or any |
| | | SB0685 Engrossed | - 24 - | LRB102 12042 LNS 17378 b |
|
| 1 | | information by which their identities can be determined by | 2 | | a reasonably diligent inquiry shall not be disclosed in | 3 | | any domestic violence fatality review biennial report or | 4 | | by any other means. Any narrative of nonidentifying facts | 5 | | will be limited to those essential and indispensable to | 6 | | the explanation of data analysis or a recommendation for | 7 | | reform. Aggregate and nonidentifying data, including | 8 | | demographics, may be included in the biennial report. The | 9 | | first biennial report shall be due no later than April 1, | 10 | | 2023, and each subsequent report shall be due no later | 11 | | than April 1 of each odd year thereafter. | 12 | | (b) Each regional review team may carry out the following | 13 | | duties and responsibilities: | 14 | | (1) Collect and analyze data from its regional area | 15 | | regarding cases eligible for review that were and were not | 16 | | reviewed by the regional review team for purposes of | 17 | | identifying patterns and making recommendations for | 18 | | community and systemic reforms. | 19 | | (2) Subject to the availability of funding and | 20 | | approval by a vote of the majority of the regional review | 21 | | team members, engage with and enter into contracts with a | 22 | | higher education institution or research entity for | 23 | | research, analysis, training, and educational purposes in | 24 | | furtherance of the purposes of this Act. Regional review | 25 | | team members shall not share information with contractors | 26 | | that would disclose the identities of victims, survivors, |
| | | SB0685 Engrossed | - 25 - | LRB102 12042 LNS 17378 b |
|
| 1 | | deceased, offenders, and their family members or by which | 2 | | their identities can be determined by a reasonably | 3 | | diligent inquiry. | 4 | | (3) Seek funds to support the operations of the | 5 | | regional review team and the facilitation of domestic | 6 | | violence fatality reviews. | 7 | | (4) Support the implementation of systemic and | 8 | | community reform recommendations in order to advance the | 9 | | purposes of this Act. | 10 | | (5) Engage in any other activities that enable the | 11 | | regional review team to carry out the purposes of this | 12 | | Act. | 13 | | Section 70. Case eligible for review by regional review | 14 | | team. A case eligible for review shall include a fatality or | 15 | | near-fatality that occurred within the geographic boundaries | 16 | | of the judicial circuit covered by the regional review team | 17 | | and a qualifying relationship. | 18 | | (a) A fatality or near-fatality includes at least one of | 19 | | the following: | 20 | | (1) a homicide, as defined in Article 9 of the | 21 | | Criminal Code of 2012 in which: | 22 | | (A) the offender causes the death of the victim, | 23 | | the deceased, or others; or | 24 | | (B) the survivor causes the death of the offender, | 25 | | the deceased, or others; |
| | | SB0685 Engrossed | - 26 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (2) a suicide or attempted suicide of the offender; | 2 | | (3) a suicide of the victim; | 3 | | (4) a suicide attempt of the survivor; | 4 | | (5) a familicide in which the offender causes the | 5 | | death of the victim and other members of the victim's | 6 | | family including, but not limited to, minor or adult | 7 | | children and parents; | 8 | | (6) the near-fatality of a survivor caused by the | 9 | | offender; | 10 | | (7) the near-fatality of an offender caused by the | 11 | | survivor; or | 12 | | (8) any other case involving domestic violence if a | 13 | | majority of the regional review team vote that a review of | 14 | | the case will advance the purposes of this Act. | 15 | | (b) A qualifying relationship between the offender and the | 16 | | victim or survivor shall include instances or a history of | 17 | | domestic violence perpetrated by the offender against the | 18 | | victim or survivor and at least one of the following | 19 | | circumstances: | 20 | | (1) the offender and the victim or survivor: | 21 | | (A) resided together or shared a common dwelling | 22 | | at any time; | 23 | | (B) have or are alleged to have a child in common; | 24 | | or | 25 | | (C) are or were engaged, married, divorced, | 26 | | separated, or had a dating or romantic relationship, |
| | | SB0685 Engrossed | - 27 - | LRB102 12042 LNS 17378 b |
|
| 1 | | regardless of whether they had sexual relations; | 2 | | (2) the offender stalked the victim or survivor as | 3 | | described in Section 12-7.3 of the Criminal Code of 2012; | 4 | | (3) the victim or survivor filed for an order of | 5 | | protection against the offender under the Illinois | 6 | | Domestic Violence Act of 1986 or Section 112A-2.5 of the | 7 | | Code of Criminal Procedure of 1963; | 8 | | (4) the victim or survivor filed for a civil no | 9 | | contact order against the offender under the Civil No | 10 | | Contact Order Act or Section 112A-14.5 of the Code of | 11 | | Criminal Procedure of 1963; | 12 | | (5) the victim or survivor filed for a stalking no | 13 | | contact order against the offender under the Stalking No | 14 | | Contact Order Act or Section 112A-2.5 of the Code of | 15 | | Criminal Procedure of 1963; | 16 | | (6) the offender violated an order of protection, | 17 | | civil no contact order, or stalking no contact order | 18 | | obtained by the victim or survivor; | 19 | | (7) the deceased resided in the same household as, was | 20 | | present at the workplace of, was in the proximity of, or | 21 | | was related by blood or affinity to a victim or survivor; | 22 | | (8) the deceased was a law enforcement officer, | 23 | | emergency medical technician, or other responder to a | 24 | | domestic violence incident between the offender and the | 25 | | victim or survivor; or | 26 | | (9) a relationship between the offender and the |
| | | SB0685 Engrossed | - 28 - | LRB102 12042 LNS 17378 b |
|
| 1 | | victim, survivor, or deceased exists that a majority of | 2 | | the regional review team votes warrants review of the case | 3 | | to advance the purposes of this Act. | 4 | | (c) A case eligible for review does not require criminal | 5 | | charges or a conviction. | 6 | | (d) Any criminal investigation, civil, criminal, or | 7 | | administrative proceeding, and appeals shall be complete for a | 8 | | case to be eligible for review. | 9 | | Section 75. Confidentiality of regional review teams, | 10 | | information, and domestic violence fatality reviews. | 11 | | (a) Meetings in which regional review teams are engaged in | 12 | | any activity related to domestic violence fatality review or | 13 | | in which confidential information is shared or disclosed are | 14 | | closed to the public and not subject to Section 2 of the Open | 15 | | Meetings Act. | 16 | | (b) Unless otherwise available and lawfully obtained | 17 | | through another source pursuant to an applicable law that | 18 | | allows the disclosure and release of the information, | 19 | | confidential information is not: | 20 | | (1) subject to the Freedom of Information Act; | 21 | | (2) subject to subpoena and discovery under Section | 22 | | 2-402 of the Code of Civil Procedure, Article 115 of the | 23 | | Code of Criminal Procedure of 1963, or Illinois Supreme | 24 | | Court Rule 412; and | 25 | | (3) admissible as evidence in any civil or criminal |
| | | SB0685 Engrossed | - 29 - | LRB102 12042 LNS 17378 b |
|
| 1 | | proceeding. | 2 | | (c) Confidential information shall not be disclosed, | 3 | | released or shared except as follows: | 4 | | (1) among Commission members or Commission staff | 5 | | pursuant to the review of an eligible case; | 6 | | (2) among regional review team members to determine | 7 | | whether a case is eligible for review or whether an | 8 | | eligible case should be reviewed; | 9 | | (3) among regional review team members and | 10 | | participants during a domestic violence fatality review; | 11 | | or | 12 | | (4) a regional review team votes to share confidential | 13 | | information for solely educational or research purposes, | 14 | | consistent with State or federal law, as long as the | 15 | | information disclosed does not include the identities of | 16 | | victims, survivors, deceased, or offenders, or their | 17 | | family members or any information by which their | 18 | | identities can be determined by a reasonably diligent | 19 | | inquiry. | 20 | | (d) All Commission members, Commission subcommittee | 21 | | members, Commission staff, all members of each regional review | 22 | | team, and any other person who participates in any manner in a | 23 | | review of an eligible case by a regional review team shall | 24 | | execute a confidentiality agreement based upon a model | 25 | | confidentiality agreement developed by the Commission or a | 26 | | document substantially similar to the Commission's model |
| | | SB0685 Engrossed | - 30 - | LRB102 12042 LNS 17378 b |
|
| 1 | | document that acknowledges and agrees to comply with the | 2 | | responsibility not to disclose or release confidential | 3 | | information. All executed confidentiality agreements shall be | 4 | | maintained by the Commission and by each regional review team, | 5 | | respectively. | 6 | | (e) Members and staff of the Commission, members of a | 7 | | regional review team or participants of a domestic violence | 8 | | fatality review cannot be subject to examination or compelled | 9 | | to disclose or release confidential information in any | 10 | | administrative, civil or criminal proceeding, except for | 11 | | information that is otherwise available and lawfully obtained | 12 | | through another source pursuant to an applicable law that | 13 | | allows the disclosure and release of the information. | 14 | | Section 80. Access to records and information. | 15 | | (a) Upon the oral or written request by a regional review | 16 | | team, records and oral or written information relevant to the | 17 | | purposes of domestic violence fatality review and to the | 18 | | responsibilities of the regional review team shall be provided | 19 | | free of charge by the following: State and local governmental | 20 | | agencies and officials; medical and dental providers; domestic | 21 | | violence offender and partner abuse intervention service | 22 | | providers; child care providers; and employers. Examples of | 23 | | records and oral or written information that may be requested | 24 | | include, but are not limited to: guardian ad litem reports; | 25 | | parenting evaluations; victim impact statements; mental health |
| | | SB0685 Engrossed | - 31 - | LRB102 12042 LNS 17378 b |
|
| 1 | | evaluations submitted to a court; probation information, | 2 | | presentence interviews, and reports; recommendations made | 3 | | regarding bail and release on own recognizance; child welfare | 4 | | reports and information; Child Advocacy Center reports and | 5 | | information; law enforcement incident reports, dispatch | 6 | | records, statements of victims, witnesses and suspects, | 7 | | supplemental reports, and probable cause statements; 9-1-1 | 8 | | call-taker's reports; correction and post-sentence probation | 9 | | or supervision reports; medical, hospital, and dental | 10 | | treatment records; school records and information; child care | 11 | | records and information; and employer records and information. | 12 | | The records and oral or written information may be provided | 13 | | for purposes of domestic violence fatality review without | 14 | | authorization of the person or persons to whom the records and | 15 | | oral or written information relate. | 16 | | (b) The records and oral or written information described | 17 | | in this Section provided to a regional review team or in a | 18 | | domestic violence fatality review become confidential | 19 | | information as defined in this Act. The Commission, regional | 20 | | review teams, and any other participant in a domestic violence | 21 | | fatality review shall maintain the confidentiality and shall | 22 | | not disclose or release the confidential information received, | 23 | | shared, or obtained. | 24 | | (c) Nothing in this Act shall: | 25 | | (1) limit public access to records or information that | 26 | | are lawfully available; or |
| | | SB0685 Engrossed | - 32 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (2) change the confidentiality and privilege of | 2 | | communications under the Illinois Domestic Violence Act of | 3 | | 1986, Section 8-802.1 of the Code of Civil Procedure, the | 4 | | Mental Health and Developmental Disabilities Code, 42 CFR | 5 | | 2.15, Section 40002(b)(2) of the Violence Against Women | 6 | | Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28 | 7 | | CFR 94.115. | 8 | | (d) The Commission or a regional review team may request | 9 | | and obtain information and records from outside the State by | 10 | | any available legal means. | 11 | | Section 85. Storage and destruction of confidential | 12 | | information. | 13 | | (a) Following a domestic violence fatality review, | 14 | | participants who brought or provided confidential information | 15 | | may return to their possession the confidential information, | 16 | | shall not disclose or share the confidential information | 17 | | unless otherwise allowed by State or federal law or not | 18 | | otherwise privileged, and may destroy the confidential | 19 | | information unless otherwise prohibited by State or federal | 20 | | law. | 21 | | (b) Following a domestic violence fatality review, the | 22 | | co-chairs of the regional review team will store at the place | 23 | | of their employment or virtually on their confidential | 24 | | electronic database or other technology any remaining | 25 | | confidential information and will maintain the confidentiality |
| | | SB0685 Engrossed | - 33 - | LRB102 12042 LNS 17378 b |
|
| 1 | | of the information. One year following the submission of the | 2 | | regional review team's biennial report pursuant to Section 65, | 3 | | the co-chair or a designee shall destroy the confidential | 4 | | information. | 5 | | Section 90. Penalty for unlawful disclosure of | 6 | | confidential information. Anyone who discloses, receives, | 7 | | makes use of, or knowingly permits the use of any confidential | 8 | | information in violation of this Act commits a Class A | 9 | | misdemeanor. | 10 | | Section 95. Immunity. If acting in good faith, without | 11 | | malice, and within the protocols established by the Commission | 12 | | and the regional review team, members of the Commission and | 13 | | regional review team, and anyone participating in a domestic | 14 | | violence fatality review shall have immunity from | 15 | | administrative, civil, or criminal liability for an act or | 16 | | omission related to the participation in a domestic violence | 17 | | fatality review, notwithstanding Section 90. | 18 | | Section 900. The Open Meetings Act is amended by changing | 19 | | Section 2 as follows:
| 20 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 21 | | Sec. 2. Open meetings.
| 22 | | (a) Openness required. All meetings of public
bodies shall |
| | | SB0685 Engrossed | - 34 - | LRB102 12042 LNS 17378 b |
|
| 1 | | be open to the public unless excepted in subsection (c)
and | 2 | | closed in accordance with Section 2a.
| 3 | | (b) Construction of exceptions. The exceptions contained | 4 | | in subsection
(c) are in derogation of the requirement that | 5 | | public bodies
meet in the open, and therefore, the exceptions | 6 | | are to be strictly
construed, extending only to subjects | 7 | | clearly within their scope.
The exceptions authorize but do | 8 | | not require the holding of
a closed meeting to discuss a | 9 | | subject included within an enumerated exception.
| 10 | | (c) Exceptions. A public body may hold closed meetings to | 11 | | consider 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 |
| | | SB0685 Engrossed | - 35 - | LRB102 12042 LNS 17378 b |
|
| 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 |
| | | SB0685 Engrossed | - 36 - | LRB102 12042 LNS 17378 b |
|
| 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
|
| | | SB0685 Engrossed | - 37 - | LRB102 12042 LNS 17378 b |
|
| 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 |
| | | SB0685 Engrossed | - 38 - | LRB102 12042 LNS 17378 b |
|
| 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 |
| | | SB0685 Engrossed | - 39 - | LRB102 12042 LNS 17378 b |
|
| 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 |
| | | SB0685 Engrossed | - 40 - | LRB102 12042 LNS 17378 b |
|
| 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. |
| | | SB0685 Engrossed | - 41 - | LRB102 12042 LNS 17378 b |
|
| 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 | 5 | | relationship
with the public body constitutes an | 6 | | employer-employee relationship under
the usual common law | 7 | | rules, and who is not an independent contractor.
| 8 | | "Public office" means a position created by or under the
| 9 | | Constitution or laws of this State, the occupant of which is | 10 | | charged with
the exercise of some portion of the sovereign | 11 | | power of this State. The term
"public office" shall include | 12 | | members of the public body, but it shall not
include | 13 | | organizational positions filled by members thereof, whether
| 14 | | established by law or by a public body itself, that exist to | 15 | | assist the
body in the conduct of its business.
| 16 | | "Quasi-adjudicative body" means an administrative body | 17 | | charged by law or
ordinance with the responsibility to conduct | 18 | | hearings, receive evidence or
testimony and make | 19 | | determinations based
thereon, but does not include
local | 20 | | electoral boards when such bodies are considering petition | 21 | | challenges.
| 22 | | (e) Final action. No final action may be taken at a closed | 23 | | meeting.
Final action shall be preceded by a public recital of | 24 | | the nature of the
matter being considered and other | 25 | | information that will inform the
public of the business being | 26 | | conducted.
|
| | | SB0685 Engrossed | - 42 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | 2 | | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | 3 | | 8-23-19; revised 9-27-19.)
| 4 | | Section 905. 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 | 9 | | exempt 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 | 19 | | records 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 | 24 | | to known or suspected cases of sexually transmissible |
| | | SB0685 Engrossed | - 43 - | LRB102 12042 LNS 17378 b |
|
| 1 | | disease or any information the disclosure of which is | 2 | | restricted under the Illinois Sexually Transmissible | 3 | | Disease Control Act. | 4 | | (e) Information the disclosure of which is exempted | 5 | | under Section 30 of the Radon Industry Licensing Act. | 6 | | (f) Firm performance evaluations under Section 55 of | 7 | | the Architectural, Engineering, and Land Surveying | 8 | | Qualifications Based Selection Act. | 9 | | (g) Information the disclosure of which is restricted | 10 | | and exempted under Section 50 of the Illinois Prepaid | 11 | | Tuition Act. | 12 | | (h) Information the disclosure of which is exempted | 13 | | under the State Officials and Employees Ethics Act, and | 14 | | records of any lawfully created State or local inspector | 15 | | general's office that would be exempt if created or | 16 | | obtained by an Executive Inspector General's office under | 17 | | that Act. | 18 | | (i) Information contained in a local emergency energy | 19 | | plan submitted to a municipality in accordance with a | 20 | | local emergency energy plan ordinance that is adopted | 21 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 22 | | (j) Information and data concerning the distribution | 23 | | of surcharge moneys collected and remitted by carriers | 24 | | under the Emergency Telephone System Act. | 25 | | (k) Law enforcement officer identification information | 26 | | or driver identification information compiled by a law |
| | | SB0685 Engrossed | - 44 - | LRB102 12042 LNS 17378 b |
|
| 1 | | enforcement agency or the Department of Transportation | 2 | | under Section 11-212 of the Illinois Vehicle Code. | 3 | | (l) Records and information provided to a residential | 4 | | health care facility resident sexual assault and death | 5 | | review team or the Executive Council under the Abuse | 6 | | Prevention Review Team Act. | 7 | | (m) Information provided to the predatory lending | 8 | | database created pursuant to Article 3 of the Residential | 9 | | Real Property Disclosure Act, except to the extent | 10 | | authorized under that Article. | 11 | | (n) Defense budgets and petitions for certification of | 12 | | compensation and expenses for court appointed trial | 13 | | counsel as provided under Sections 10 and 15 of the | 14 | | Capital Crimes Litigation Act. This subsection (n) shall | 15 | | apply until the conclusion of the trial of the case, even | 16 | | if the prosecution chooses not to pursue the death penalty | 17 | | prior to trial or sentencing. | 18 | | (o) Information that is prohibited from being | 19 | | disclosed under Section 4 of the Illinois Health and | 20 | | Hazardous Substances Registry Act. | 21 | | (p) Security portions of system safety program plans, | 22 | | investigation reports, surveys, schedules, lists, data, or | 23 | | information compiled, collected, or prepared by or for the | 24 | | Regional Transportation Authority under Section 2.11 of | 25 | | the Regional Transportation Authority Act or the St. Clair | 26 | | County Transit District under the Bi-State Transit Safety |
| | | SB0685 Engrossed | - 45 - | LRB102 12042 LNS 17378 b |
|
| 1 | | Act. | 2 | | (q) Information prohibited from being disclosed by the | 3 | | Personnel Record Review Act. | 4 | | (r) Information prohibited from being disclosed by the | 5 | | Illinois School Student Records Act. | 6 | | (s) Information the disclosure of which is restricted | 7 | | under Section 5-108 of the Public Utilities Act.
| 8 | | (t) All identified or deidentified health information | 9 | | in the form of health data or medical records contained | 10 | | in, stored in, submitted to, transferred by, or released | 11 | | from the Illinois Health Information Exchange, and | 12 | | identified or deidentified health information in the form | 13 | | of health data and medical records of the Illinois Health | 14 | | Information Exchange in the possession of the Illinois | 15 | | Health Information Exchange Office due to its | 16 | | administration of the Illinois Health Information | 17 | | Exchange. The terms "identified" and "deidentified" shall | 18 | | be given the same meaning as in the Health Insurance | 19 | | Portability and Accountability Act of 1996, Public Law | 20 | | 104-191, or any subsequent amendments thereto, and any | 21 | | regulations promulgated thereunder. | 22 | | (u) Records and information provided to an independent | 23 | | team of experts under the Developmental Disability and | 24 | | Mental Health Safety Act (also known as Brian's Law). | 25 | | (v) Names and information of people who have applied | 26 | | for or received Firearm Owner's Identification Cards under |
| | | SB0685 Engrossed | - 46 - | LRB102 12042 LNS 17378 b |
|
| 1 | | the Firearm Owners Identification Card Act or applied for | 2 | | or received a concealed carry license under the Firearm | 3 | | Concealed Carry Act, unless otherwise authorized by the | 4 | | Firearm Concealed Carry Act; and databases under the | 5 | | Firearm Concealed Carry Act, records of the Concealed | 6 | | Carry Licensing Review Board under the Firearm Concealed | 7 | | Carry Act, and law enforcement agency objections under the | 8 | | Firearm Concealed Carry Act. | 9 | | (w) Personally identifiable information which is | 10 | | exempted from disclosure under subsection (g) of Section | 11 | | 19.1 of the Toll Highway Act. | 12 | | (x) Information which is exempted from disclosure | 13 | | under Section 5-1014.3 of the Counties Code or Section | 14 | | 8-11-21 of the Illinois Municipal Code. | 15 | | (y) Confidential information under the Adult | 16 | | Protective Services Act and its predecessor enabling | 17 | | statute, the Elder Abuse and Neglect Act, including | 18 | | information about the identity and administrative finding | 19 | | against any caregiver of a verified and substantiated | 20 | | decision of abuse, neglect, or financial exploitation of | 21 | | an eligible adult maintained in the Registry established | 22 | | under Section 7.5 of the Adult Protective Services Act. | 23 | | (z) Records and information provided to a fatality | 24 | | review team or the Illinois Fatality Review Team Advisory | 25 | | Council under Section 15 of the Adult Protective Services | 26 | | Act. |
| | | SB0685 Engrossed | - 47 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (aa) Information which is exempted from disclosure | 2 | | under Section 2.37 of the Wildlife Code. | 3 | | (bb) Information which is or was prohibited from | 4 | | disclosure by the Juvenile Court Act of 1987. | 5 | | (cc) Recordings made under the Law Enforcement | 6 | | Officer-Worn Body Camera Act, except to the extent | 7 | | authorized under that Act. | 8 | | (dd) Information that is prohibited from being | 9 | | disclosed under Section 45 of the Condominium and Common | 10 | | Interest Community Ombudsperson Act. | 11 | | (ee) Information that is exempted from disclosure | 12 | | under Section 30.1 of the Pharmacy Practice Act. | 13 | | (ff) Information that is exempted from disclosure | 14 | | under the Revised Uniform Unclaimed Property Act. | 15 | | (gg) Information that is prohibited from being | 16 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 17 | | Code. | 18 | | (hh) Records that are exempt from disclosure under | 19 | | Section 1A-16.7 of the Election Code. | 20 | | (ii) Information which is exempted from disclosure | 21 | | under Section 2505-800 of the Department of Revenue Law of | 22 | | the Civil Administrative Code of Illinois. | 23 | | (jj) Information and reports that are required to be | 24 | | submitted to the Department of Labor by registering day | 25 | | and temporary labor service agencies but are exempt from | 26 | | disclosure under subsection (a-1) of Section 45 of the Day |
| | | SB0685 Engrossed | - 48 - | LRB102 12042 LNS 17378 b |
|
| 1 | | and Temporary Labor Services Act. | 2 | | (kk) Information prohibited from disclosure under the | 3 | | Seizure and Forfeiture Reporting Act. | 4 | | (ll) Information the disclosure of which is restricted | 5 | | and exempted under Section 5-30.8 of the Illinois Public | 6 | | Aid Code. | 7 | | (mm) Records that are exempt from disclosure under | 8 | | Section 4.2 of the Crime Victims Compensation Act. | 9 | | (nn) Information that is exempt from disclosure under | 10 | | Section 70 of the Higher Education Student Assistance Act. | 11 | | (oo) Communications, notes, records, and reports | 12 | | arising out of a peer support counseling session | 13 | | prohibited from disclosure under the First Responders | 14 | | Suicide Prevention Act. | 15 | | (pp) Names and all identifying information relating to | 16 | | an employee of an emergency services provider or law | 17 | | enforcement agency under the First Responders Suicide | 18 | | Prevention Act. | 19 | | (qq) Information and records held by the Department of | 20 | | Public Health and its authorized representatives collected | 21 | | under the Reproductive Health Act. | 22 | | (rr) Information that is exempt from disclosure under | 23 | | the Cannabis Regulation and Tax Act. | 24 | | (ss) Data reported by an employer to the Department of | 25 | | Human Rights pursuant to Section 2-108 of the Illinois | 26 | | Human Rights Act. |
| | | SB0685 Engrossed | - 49 - | LRB102 12042 LNS 17378 b |
|
| 1 | | (tt) Recordings made under the Children's Advocacy | 2 | | Center Act, except to the extent authorized under that | 3 | | Act. | 4 | | (uu) Information that is exempt from disclosure under | 5 | | Section 50 of the Sexual Assault Evidence Submission Act. | 6 | | (vv) Information that is exempt from disclosure under | 7 | | subsections (f) and (j) of Section 5-36 of the Illinois | 8 | | Public Aid Code. | 9 | | (ww) Information that is exempt from disclosure under | 10 | | Section 16.8 of the State Treasurer Act. | 11 | | (xx) Information that is exempt from disclosure or | 12 | | information that shall not be made public under the | 13 | | Illinois Insurance Code. | 14 | | (yy) Information prohibited from being disclosed under | 15 | | the Illinois Educational Labor Relations Act. | 16 | | (zz) Information prohibited from being disclosed under | 17 | | the Illinois Public Labor Relations Act. | 18 | | (aaa) Information prohibited from being disclosed | 19 | | under Section 1-167 of the Illinois Pension Code. | 20 | | (bbb) Information prohibited from being disclosed | 21 | | under subsection (d) of Section 35 of the Domestic | 22 | | Violence Fatality Review Act. | 23 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 24 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 25 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 26 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
| | | SB0685 Engrossed | - 50 - | LRB102 12042 LNS 17378 b |
|
| 1 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | 2 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 3 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 4 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 5 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | 6 | | eff. 7-7-20.)
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|