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Public Act 103-0446 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is | ||||
amended by adding Section 5-45.35 as follows: | ||||
(5 ILCS 100/5-45.35 new) | ||||
Sec. 5-45.35. Emergency rulemaking; Department of Natural | ||||
Resources. To provide for the expeditious and timely | ||||
implementation of Section 13 of the Human Remains Protection | ||||
Act, emergency rules implementing Section 13 of the Human | ||||
Remains Protection Act may be adopted in accordance with | ||||
Section 5-45 by the Department of Natural Resources. The | ||||
adoption of emergency rules authorized by Section 5-45 and | ||||
this Section is deemed to be necessary for the public | ||||
interest, safety, and welfare. | ||||
This Section is repealed one year after the effective date | ||||
of this amendatory Act of the 103rd General Assembly. | ||||
Section 10. The Freedom of Information Act is amended by | ||||
changing Section 7 as follows:
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(5 ILCS 140/7)
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(Text of Section before amendment by P.A. 102-982 ) |
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public | ||
record that contains information that is exempt from | ||
disclosure under this Section, but also contains information | ||
that is not exempt from disclosure, the public body may elect | ||
to redact the information that is exempt. The public body | ||
shall make the remaining information available for inspection | ||
and copying. Subject to this requirement, the following shall | ||
be exempt from inspection and copying:
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(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and | ||
regulations implementing federal or State law.
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(b) Private information, unless disclosure is required | ||
by another provision of this Act, a State or federal law, | ||
or a court order. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or | ||
more law enforcement agencies regarding the physical or | ||
mental status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the | ||
individual subjects of the information. "Unwarranted | ||
invasion of personal privacy" means the disclosure of |
information that is highly personal or objectionable to a | ||
reasonable person and in which the subject's right to | ||
privacy outweighs any legitimate public interest in | ||
obtaining the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
| ||
privacy.
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(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
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proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the | ||
extent that disclosure would:
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(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative | ||
enforcement proceedings
conducted by the public body | ||
that is the recipient of the request;
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(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
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(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to |
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic accidents, traffic accident | ||
reports, and rescue reports shall be provided by | ||
agencies of local government, except when disclosure | ||
would interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
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(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known | ||
or disclose internal documents of
correctional | ||
agencies related to detection, observation , or | ||
investigation of
incidents of crime or misconduct, and | ||
disclosure would result in demonstrable harm to the | ||
agency or public body that is the recipient of the | ||
request;
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(vi) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation | ||
by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency | ||
that is the recipient of the request did not create the | ||
record, did not participate in or have a role in any of the | ||
events which are the subject of the record, and only has |
access to the record through the shared electronic record | ||
management system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.2 of the Illinois Police | ||
Training Act, except to the extent authorized under that | ||
Section. This includes the documents supplied to the | ||
Illinois Law Enforcement Training Standards Board from the | ||
Illinois State Police and Illinois State Police Merit | ||
Board. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available |
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the | ||
disclosure of which would result in the risk of harm to any | ||
person or the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail | ||
or committed to the Department of Corrections or | ||
Department of Human Services Division of Mental Health, | ||
containing personal information pertaining to the person's | ||
victim or the victim's family, including, but not limited | ||
to, a victim's home address, home telephone number, work | ||
or school address, work telephone number, social security | ||
number, or any other identifying information, except as | ||
may be relevant to a requester's current or potential case | ||
or claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not | ||
limited to, arrest and booking records, mug shots, and | ||
crime scene photographs, except as these records may be | ||
relevant to the requester's current or potential case or |
claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda, and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those | ||
records of officers and agencies
of the General Assembly | ||
that pertain to the preparation of legislative
documents.
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(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are
proprietary, | ||
privileged, or confidential, and that disclosure of the | ||
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension | ||
fund, from a private equity fund or a privately held | ||
company within the investment portfolio of a private | ||
equity fund as a result of either investing or evaluating | ||
a potential investment of public funds in a private equity |
fund. The exemption contained in this item does not apply | ||
to the aggregate financial performance information of a | ||
private equity fund, nor to the identity of the fund's | ||
managers or general partners. The exemption contained in | ||
this item does not apply to the identity of a privately | ||
held company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm. | ||
Nothing contained in this
paragraph (g) shall be | ||
construed to prevent a person or business from
consenting | ||
to disclosure.
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(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
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(i) Valuable formulae,
computer geographic systems,
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designs, drawings , and research data obtained or
produced | ||
by any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by | ||
news media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
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purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
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(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys, and other | ||
examination data used to
administer an academic | ||
examination;
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(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, | ||
including, but not limited to, power generating and | ||
distribution stations and other transmission and |
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
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(l) Minutes of meetings of public bodies closed to the
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public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public | ||
under Section 2.06 of the Open
Meetings Act.
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(m) Communications between a public body and an | ||
attorney or auditor
representing the public body that | ||
would not be subject to discovery in
litigation, and | ||
materials prepared or compiled by or for a public body in
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anticipation of a criminal, civil, or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication | ||
of employee grievances or disciplinary cases; however, | ||
this exemption shall not extend to the final outcome of | ||
cases in which discipline is imposed.
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(o) Administrative or technical information associated | ||
with automated
data processing operations, including, but | ||
not limited to, software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
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pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
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materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of | ||
an applicant for a license or employment.
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(r) The records, documents, and information relating | ||
to real estate
purchase negotiations until those | ||
negotiations have been completed or
otherwise terminated. | ||
With regard to a parcel involved in a pending or
actually | ||
and reasonably contemplated eminent domain proceeding | ||
under the Eminent Domain Act, records, documents, and
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information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents, and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
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(s) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
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Insurance or self-insurance self insurance (including any | ||
intergovernmental risk management association or | ||
self-insurance self insurance pool) claims, loss or risk | ||
management information, records, data, advice , or | ||
communications.
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(t) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise
required by State | ||
law.
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(u) Information that would disclose
or might lead to | ||
the disclosure of
secret or confidential information, | ||
codes, algorithms, programs, or private
keys intended to | ||
be used to create electronic signatures under the Uniform | ||
Electronic Transactions Act.
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(v) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a | ||
community's population or systems, facilities, or | ||
installations, but only to the extent that
disclosure | ||
could reasonably be expected to expose the vulnerability | ||
or jeopardize the effectiveness of the
measures, policies, | ||
or plans, or the safety of the personnel who implement |
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, to | ||
cybersecurity vulnerabilities, or to tactical operations.
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(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
| ||
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power | ||
Agency Act and Section 16-111.5 of the Public Utilities | ||
Act that is determined to be confidential and proprietary | ||
by the Illinois Power Agency or by the Illinois Commerce | ||
Commission.
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(z) Information about students exempted from | ||
disclosure under Section Sections 10-20.38 or 34-18.29 of | ||
the School Code, and information about undergraduate | ||
students enrolled at an institution of higher education | ||
exempted from disclosure under Section 25 of the Illinois | ||
Credit Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
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(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of |
2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to | ||
the Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request | ||
to the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section | ||
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) Records concerning the work of the threat | ||
assessment team of a school district, including, but not |
limited to, any threat assessment procedure under the | ||
School Safety Drill Act and any information contained in | ||
the procedure. | ||
(mm) Information prohibited from being disclosed under | ||
subsections (a) and (b) of Section 15 of the Student | ||
Confidential Reporting Act. | ||
(nn) (mm) Proprietary information submitted to the
| ||
Environmental Protection Agency under the Drug Take-Back
| ||
Act. | ||
(oo) (mm) Records described in subsection (f) of | ||
Section 3-5-1 of the Unified Code of Corrections. | ||
(pp) Any and all information regarding burials, | ||
interments, or entombments of human remains as required to | ||
be reported to the Department of Natural Resources | ||
pursuant either to the Archaeological and Paleontological | ||
Resources Protection Act or the Human Remains Protection | ||
Act. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, |
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the
availability of records to the | ||
public, except as stated in this Section or
otherwise provided | ||
in this Act.
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(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||
12-13-22.) | ||
(Text of Section after amendment by P.A. 102-982 )
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Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public | ||
record that contains information that is exempt from | ||
disclosure under this Section, but also contains information | ||
that is not exempt from disclosure, the public body may elect | ||
to redact the information that is exempt. The public body | ||
shall make the remaining information available for inspection | ||
and copying. Subject to this requirement, the following shall | ||
be exempt from inspection and copying:
| ||
(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and | ||
regulations implementing federal or State law.
| ||
(b) Private information, unless disclosure is required |
by another provision of this Act, a State or federal law, | ||
or a court order. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or | ||
more law enforcement agencies regarding the physical or | ||
mental status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a | ||
clearly
unwarranted invasion of personal privacy, unless | ||
the disclosure is
consented to in writing by the | ||
individual subjects of the information. "Unwarranted | ||
invasion of personal privacy" means the disclosure of | ||
information that is highly personal or objectionable to a | ||
reasonable person and in which the subject's right to | ||
privacy outweighs any legitimate public interest in | ||
obtaining the information. The
disclosure of information | ||
that bears on the public duties of public
employees and | ||
officials shall not be considered an invasion of personal
| ||
privacy.
| ||
(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
| ||
proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the | ||
extent that disclosure would:
| ||
(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
| ||
agency that is the recipient of the request;
| ||
(ii) interfere with active administrative | ||
enforcement proceedings
conducted by the public body | ||
that is the recipient of the request;
| ||
(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
| ||
(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic crashes, traffic crash reports, | ||
and rescue reports shall be provided by agencies of | ||
local government, except when disclosure would | ||
interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
| ||
(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known | ||
or disclose internal documents of
correctional | ||
agencies related to detection, observation , or | ||
investigation of
incidents of crime or misconduct, and |
disclosure would result in demonstrable harm to the | ||
agency or public body that is the recipient of the | ||
request;
| ||
(vi) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
| ||
(vii) obstruct an ongoing criminal investigation | ||
by the agency that is the recipient of the request.
| ||
(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency | ||
that is the recipient of the request did not create the | ||
record, did not participate in or have a role in any of the | ||
events which are the subject of the record, and only has | ||
access to the record through the shared electronic record | ||
management system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.2 of the Illinois Police | ||
Training Act, except to the extent authorized under that | ||
Section. This includes the documents supplied to the | ||
Illinois Law Enforcement Training Standards Board from the | ||
Illinois State Police and Illinois State Police Merit | ||
Board. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
| ||
(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those | ||
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available | ||
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the | ||
disclosure of which would result in the risk of harm to any | ||
person or the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail | ||
or committed to the Department of Corrections or | ||
Department of Human Services Division of Mental Health, | ||
containing personal information pertaining to the person's |
victim or the victim's family, including, but not limited | ||
to, a victim's home address, home telephone number, work | ||
or school address, work telephone number, social security | ||
number, or any other identifying information, except as | ||
may be relevant to a requester's current or potential case | ||
or claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not | ||
limited to, arrest and booking records, mug shots, and | ||
crime scene photographs, except as these records may be | ||
relevant to the requester's current or potential case or | ||
claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda, and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those | ||
records of officers and agencies
of the General Assembly | ||
that pertain to the preparation of legislative
documents.
| ||
(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are |
furnished under a claim that they are
proprietary, | ||
privileged, or confidential, and that disclosure of the | ||
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension | ||
fund, from a private equity fund or a privately held | ||
company within the investment portfolio of a private | ||
equity fund as a result of either investing or evaluating | ||
a potential investment of public funds in a private equity | ||
fund. The exemption contained in this item does not apply | ||
to the aggregate financial performance information of a | ||
private equity fund, nor to the identity of the fund's | ||
managers or general partners. The exemption contained in | ||
this item does not apply to the identity of a privately | ||
held company within the investment portfolio of a private | ||
equity fund, unless the disclosure of the identity of a | ||
privately held company may cause competitive harm. | ||
Nothing contained in this
paragraph (g) shall be | ||
construed to prevent a person or business from
consenting | ||
to disclosure.
| ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor | ||
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
| ||
(i) Valuable formulae,
computer geographic systems,
| ||
designs, drawings , and research data obtained or
produced | ||
by any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by | ||
news media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys, and other | ||
examination data used to
administer an academic | ||
examination;
| ||
(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; |
(iii) information concerning a school or | ||
university's adjudication of student disciplinary | ||
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, | ||
including, but not limited to, power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
| ||
(l) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public | ||
under Section 2.06 of the Open
Meetings Act.
| ||
(m) Communications between a public body and an | ||
attorney or auditor
representing the public body that | ||
would not be subject to discovery in
litigation, and | ||
materials prepared or compiled by or for a public body in
|
anticipation of a criminal, civil, or administrative | ||
proceeding upon the
request of an attorney advising the | ||
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(n) Records relating to a public body's adjudication | ||
of employee grievances or disciplinary cases; however, | ||
this exemption shall not extend to the final outcome of | ||
cases in which discipline is imposed.
| ||
(o) Administrative or technical information associated | ||
with automated
data processing operations, including, but | ||
not limited to, software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(p) Records relating to collective negotiating matters
| ||
between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
| ||
(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of | ||
an applicant for a license or employment.
| ||
(r) The records, documents, and information relating |
to real estate
purchase negotiations until those | ||
negotiations have been completed or
otherwise terminated. | ||
With regard to a parcel involved in a pending or
actually | ||
and reasonably contemplated eminent domain proceeding | ||
under the Eminent Domain Act, records, documents, and
| ||
information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents, and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
| ||
(s) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
| ||
Insurance or self-insurance self insurance (including any | ||
intergovernmental risk management association or | ||
self-insurance self insurance pool) claims, loss or risk | ||
management information, records, data, advice , or | ||
communications.
| ||
(t) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise
required by State | ||
law.
|
(u) Information that would disclose
or might lead to | ||
the disclosure of
secret or confidential information, | ||
codes, algorithms, programs, or private
keys intended to | ||
be used to create electronic signatures under the Uniform | ||
Electronic Transactions Act.
| ||
(v) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a | ||
community's population or systems, facilities, or | ||
installations, but only to the extent that
disclosure | ||
could reasonably be expected to expose the vulnerability | ||
or jeopardize the effectiveness of the
measures, policies, | ||
or plans, or the safety of the personnel who implement | ||
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, to | ||
cybersecurity vulnerabilities, or to tactical operations.
| ||
(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
| ||
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power |
procurement under Section 1-75 of the Illinois Power | ||
Agency Act and Section 16-111.5 of the Public Utilities | ||
Act that is determined to be confidential and proprietary | ||
by the Illinois Power Agency or by the Illinois Commerce | ||
Commission.
| ||
(z) Information about students exempted from | ||
disclosure under Section Sections 10-20.38 or 34-18.29 of | ||
the School Code, and information about undergraduate | ||
students enrolled at an institution of higher education | ||
exempted from disclosure under Section 25 of the Illinois | ||
Credit Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
| ||
(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal |
information of persons who are minors and are also | ||
participants and registrants in programs of park | ||
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of | ||
2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to | ||
the Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request | ||
to the Department of Human Services or the Department of | ||
Corrections. | ||
(jj) Confidential information described in Section | ||
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) Records concerning the work of the threat | ||
assessment team of a school district, including, but not | ||
limited to, any threat assessment procedure under the | ||
School Safety Drill Act and any information contained in | ||
the procedure. | ||
(mm) Information prohibited from being disclosed under | ||
subsections (a) and (b) of Section 15 of the Student | ||
Confidential Reporting Act. | ||
(nn) (mm) Proprietary information submitted to the
| ||
Environmental Protection Agency under the Drug Take-Back
| ||
Act. | ||
(oo) (mm) Records described in subsection (f) of | ||
Section 3-5-1 of the Unified Code of Corrections. | ||
(pp) Any and all information regarding burials, | ||
interments, or entombments of human remains as required to |
be reported to the Department of Natural Resources | ||
pursuant either to the Archaeological and Paleontological | ||
Resources Protection Act or the Human Remains Protection | ||
Act. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the
availability of records to the | ||
public, except as stated in this Section or
otherwise provided | ||
in this Act.
| ||
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||
6-10-22; revised 12-13-22.) | ||
Section 15. The Seizure and Forfeiture Reporting Act is |
amended by changing Section 5 as follows: | ||
(5 ILCS 810/5)
| ||
Sec. 5. Applicability. This Act is applicable to property | ||
seized or forfeited under the following provisions of law: | ||
(1) Section 3.23 of the Illinois Food, Drug and | ||
Cosmetic Act; | ||
(2) Section 44.1 of the Environmental Protection Act; | ||
(3) Section 105-55 of the Herptiles-Herps Act; | ||
(4) Section 1-215 of the Fish and Aquatic Life Code; | ||
(5) Section 1.25 of the Wildlife Code; | ||
(6) Section 17-10.6 of the Criminal Code of 2012 | ||
(financial institution fraud); | ||
(7) Section 28-5 of the Criminal Code of 2012 | ||
(gambling); | ||
(8) Article 29B of the Criminal Code of 2012 (money | ||
laundering); | ||
(9) Article 33G of the Criminal Code of 2012 (Illinois | ||
Street Gang and Racketeer Influenced And Corrupt | ||
Organizations Law); | ||
(10) Article 36 of the Criminal Code of 2012 (seizure | ||
and forfeiture of vessels, vehicles, and aircraft); | ||
(11) Section 47-15 of the Criminal Code of 2012 | ||
(dumping garbage upon real property); | ||
(12) Article 124B of the Code of Criminal Procedure of | ||
1963 (forfeiture); |
(13) the Drug Asset Forfeiture Procedure Act; | ||
(14) the Narcotics Profit Forfeiture Act; | ||
(15) the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act; and | ||
(16) the Illinois Securities Law of 1953 ; .
| ||
(17) the Archaeological and Paleontological Resources | ||
Protection Act; and | ||
(18) the Human Remains Protection Act. | ||
(Source: P.A. 102-558, eff. 8-20-21.) | ||
Section 20. The Archaeological and Paleontological | ||
Resources Protection Act is amended by changing Sections .02, | ||
3, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
| ||
(20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
| ||
Sec. .02. Definitions. For purposes of this Act:
| ||
(a) "Archaeological resource" means any significant | ||
material remains or
localities of past human life or | ||
activities on public land, including but
not limited to | ||
artifacts, historic and prehistoric human skeletal remains,
| ||
mounds, earthworks, shipwrecks, forts, village sites or mines.
| ||
(b) "Department" means the Department of Natural | ||
Resources. | ||
"Disturb" includes defacing, mutilating, injuring, | ||
exposing,
removing, destroying, desecrating or molesting in | ||
any way.
|
"Human remains" include the bones and decomposed fleshy | ||
parts of a deceased human body. | ||
(c) "Paleontological resource" means any significant | ||
fossil or material
remains on public lands including traces or | ||
impressions of animals or
plants that occur as part of the | ||
geological record that are known and are
included in the files | ||
maintained by the Department Illinois State Museum under | ||
Section 10.
| ||
(d) "Person" means any natural individual, firm, trust, | ||
estate,
partnership, association, joint stock company, joint | ||
venture, corporation
or a receiver, trustee, guardian or other | ||
representative appointed by order
of any court, the federal | ||
and State governments, including State
universities created by | ||
statute or any city, town, county or other
political | ||
subdivision of this State.
| ||
(e) "Public land" means any land owned, but does not | ||
include land leased
as lessee, by the State of Illinois or its | ||
agencies, a State university
created by statute, a | ||
municipality or a unit of local government.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/3) (from Ch. 127, par. 133c3)
| ||
Sec. 3. Permits. | ||
(a) It is unlawful for any person, either by himself or | ||
through
an agent, to knowingly explore, excavate , possess, or | ||
collect any of the archaeological or
paleontological resources |
protected by this Act, unless such person obtains
a permit | ||
issued by the Department of Natural Resources.
| ||
(b) It is unlawful for any person, either by himself or | ||
through an
agent, to knowingly disturb any archaeological or | ||
paleontological resource
protected under this Act.
| ||
(c) It is unlawful for any person, either by himself or | ||
through an
agent, to offer any object for sale or exchange with | ||
the knowledge that it
has been previously collected or | ||
excavated in violation of this Act.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
| ||
Sec. 5. Penalties. Any violation of Section 3 not | ||
involving the disturbance of
human skeletal remains is a Class | ||
A misdemeanor and the violator
shall also be subject to | ||
imprisonment and a fine not in excess of $5,000; any
| ||
subsequent violation is a Class 4 felony. Any violation of | ||
Section 3
involving disturbance of human skeletal remains is a | ||
Class 4 felony. Each
disturbance of an archaeological site or | ||
a paleontological site shall
constitute a single offense. | ||
Persons convicted of a violation of Section 3
shall also be | ||
ordered to pay restitution. Such restitution is liable for | ||
civil damages to be assessed by the circuit court land | ||
managing
agency and the Department of Natural Resources . | ||
Restitution Civil damages may include , but is not limited to :
| ||
(a) (blank); forfeiture of any and all equipment used |
in acquiring the protected
material;
| ||
(b) any and all costs incurred in cleaning, restoring, | ||
analyzing,
accessioning and curating the recovered | ||
materials;
| ||
(c) any and all costs associated with restoring the | ||
land to its
original contour;
| ||
(d) any and all costs associated with recovery of data | ||
and analyzing,
publishing, accessioning and curating | ||
materials when the
prohibited activity is so extensive as | ||
to preclude the restoration of the
archaeological or | ||
paleontological site;
| ||
(e) any and all costs associated with the | ||
determination and collection
of restitution the civil | ||
damages .
| ||
When restitution is ordered in a case that is prosecuted | ||
by civil damages are recovered through the Attorney General, | ||
all restitution the
proceeds shall be deposited into the | ||
Historic Sites Fund; when restitution is ordered in a case | ||
that is prosecuted by civil
damages are recovered through the | ||
State's Attorney, the proceeds shall be
deposited into the | ||
county fund designated by the county board.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/7) (from Ch. 127, par. 133c7)
| ||
Sec. 7. Property of the State; Department management. All | ||
materials and associated records remain the property of
the |
State and are managed by the Department Illinois State Museum . | ||
The Illinois State
Museum, in consultation with the Department | ||
of Natural Resources, is
authorized to establish long-term | ||
curation agreements with Tribal Nations, universities,
museums | ||
and other organizations.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/8) (from Ch. 127, par. 133c8)
| ||
Sec. 8. Department exempt from permit requirements. | ||
(a) The Department Illinois State Museum shall be exempt | ||
from the permit
requirements established by this Act for lands | ||
under its direct management
but shall register that | ||
exploration with the Department of Natural Resources ;
such | ||
registration shall include the information required under | ||
subsection
(c) of Section 6.
| ||
(b) Any agency or department of the State of Illinois | ||
which has on
its staff a professional archaeologist or | ||
paleontologist who meets the
minimum qualifications | ||
established in Section 9 and which has in effect a
memorandum | ||
of agreement with the Department of Natural Resources for the
| ||
protection, preservation and management of archaeological and
| ||
paleontological resources shall be exempt from the permit | ||
requirements
established by this Act.
| ||
(c) Activities reviewed by the Department of Natural | ||
Resources pursuant
to Section 106 of the National Historic | ||
Preservation Act (16 U.S.C. 470f)
shall be exempt from these |
permitting requirements.
| ||
(d) Where a local government's activities are funded in | ||
whole or in part
by a State agency and the funded activities | ||
are supervised or controlled by
the State agency, the local | ||
government shall be exempt from the permit
requirements | ||
established by this Act to the same extent that the State
| ||
agency is exempt. The State agency shall be responsible for | ||
undertaking or
causing to be undertaken any steps necessary to | ||
comply with this Act for
those local government actions so | ||
exempted.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/10) (from Ch. 127, par. 133c10)
| ||
Sec. 10. Files containing
information on known | ||
archaeological and paleontological sites. The Illinois State | ||
Museum, in cooperation with the Department of Natural | ||
Resources, shall develop and maintain files containing
| ||
information on known archaeological and paleontological sites | ||
in
the State, whether on State controlled or privately owned | ||
property. The Department of Natural Resources
shall ensure the | ||
safety of those sites by
promulgating regulations limiting | ||
access to those files as necessary.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/11) (from Ch. 127, par. 133c11)
| ||
Sec. 11. Violation of administrative rules. The Department |
of Natural Resources, in consultation with other
State | ||
agencies and Departments that own or control land, shall | ||
promulgate
such regulations as may be necessary to carry out | ||
the purposes of this Act.
| ||
It is unlawful to violate any administrative rule | ||
promulgated pursuant to this Act. A violation of | ||
administrative rules promulgated pursuant to this Act is a | ||
Class B misdemeanor. | ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3435/12 new) | ||
Sec. 12. Seizure. | ||
(a) Every device, equipment, tool, vehicle or conveyance, | ||
when used or operated illegally, or attempted to be used or | ||
operated illegally by any person in taking, transporting, | ||
holding, disturbing, exploring, excavating, collecting or | ||
conveying any archaeological or paleontological resources, | ||
contrary to the provisions of this Act, including | ||
administrative rules, is a public nuisance and subject to | ||
seizure and confiscation by any authorized employee of the | ||
Department; upon the seizure of such item the Department shall | ||
take and hold the same until disposed of as hereinafter | ||
provided. | ||
(b) Upon the seizure of any property as herein provided, | ||
the authorized employee of the Department making such seizure | ||
shall forthwith cause a complaint to be filed before the |
circuit court and a summons to be issued requiring the person | ||
who illegally used or operated or attempted to use or operate | ||
such property and the owner and person in possession of such | ||
property to appear in court and show cause why the property | ||
seized should not be forfeited to the State. Upon the return of | ||
the summons duly served or other notice as herein provided, | ||
the court shall proceed to determine the question of the | ||
illegality of the use of the seized property and upon judgment | ||
being entered to the effect that such property was illegally | ||
used, an order may be entered providing for the forfeiture of | ||
such seized property to the Department and shall thereupon | ||
become the property of the Department; but the owner of such | ||
property may have a jury determine the illegality of its use, | ||
and shall have the right of an appeal, as in other cases. Such | ||
confiscation or forfeiture shall not preclude or mitigate | ||
against prosecution and assessment of penalties otherwise | ||
provided in this Act. | ||
(c) Upon seizure of any property under circumstances | ||
supporting a reasonable belief that such property was | ||
abandoned, lost or stolen or otherwise illegally possessed or | ||
used contrary to the provisions of this Act, except property | ||
seized during a search or arrest, and ultimately returned, | ||
destroyed, or otherwise disposed of pursuant to order of a | ||
court in accordance with this Act, the Department shall make | ||
reasonable inquiry and efforts to identify and notify the | ||
owner or other person entitled to possession thereof, and |
shall return the property after such person provides | ||
reasonable and satisfactory proof of his ownership or right to | ||
possession and reimburses the Department for all reasonable | ||
expenses of such custody. If the identity or location of the | ||
owner or other person entitled to possession of the property | ||
has not been ascertained within 6 months after the Department | ||
obtains such possession, the Department shall effectuate the | ||
sale of the property for cash to the highest bidder at a public | ||
auction. The owner or other person entitled to possession of | ||
such property may claim and recover possession of the property | ||
at any time before its sale at public auction, upon providing | ||
reasonable and satisfactory proof of ownership or right of | ||
possession and reimbursing the Department for all reasonable | ||
expenses of custody thereof. | ||
(d) Any property forfeited to the State by court order | ||
pursuant to this Section may be disposed of by public auction, | ||
except that any property which is the subject of such a court | ||
order shall not be disposed of pending appeal of the order. The | ||
proceeds of the sales at auction shall be deposited in the | ||
Historic Sites Fund. | ||
(e) The Department shall pay all costs of notices required | ||
by this Section. | ||
Property seized or forfeited under this Section is subject | ||
to reporting under the Seizure and Forfeiture Reporting Act. | ||
(f) This Section does not apply to archaeological or | ||
paleontological resources that were recovered by the |
Department or other law enforcement agency during an | ||
investigation of a violation of this Act. | ||
Section 25. The Human Skeletal Remains Protection Act is | ||
amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12, | ||
13, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and | ||
16.3 as follows:
| ||
(20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
| ||
Sec. 0.01. Short title. This Act may be cited as the
Human | ||
Skeletal Remains Protection Act.
| ||
(Source: P.A. 86-1324.)
| ||
(20 ILCS 3440/1) (from Ch. 127, par. 2661)
| ||
Sec. 1. Definitions. For the purposes of this Act:
| ||
"Department" means the Department of Natural Resources. | ||
"Disturb" or "disturbance" includes excavating, removing, | ||
exposing, probing, defacing, mutilating, destroying, | ||
molesting, or desecrating in any way human remains, | ||
unregistered graves, grave artifacts, and grave markers. | ||
"Encounter" means to come upon human remains, grave | ||
artifacts, grave markers, or unregistered graves at a location | ||
where such viewing was not expected or anticipated. | ||
"Grave artifacts" means any item of human manufacture or | ||
use that is associated with the human remains in an | ||
unregistered grave. |
"Grave markers" means any tomb, monument, stone, ornament, | ||
mound, or other item of human manufacture that is associated | ||
with an unregistered grave. | ||
(a) "Human skeletal remains" include the bones and | ||
decomposed fleshy
parts of a deceased human body.
| ||
"Person" means any natural individual, firm, trust, | ||
estate, partnership, association, joint stock company, joint | ||
venture, limited-liability company, corporation or a receiver, | ||
trustee, guardian or other representatives appointed by order | ||
of any court, the Federal and State governments, including | ||
State Universities created by statute or any city, town, | ||
county or other political subdivision of this State. | ||
"Tribal consultation" means a form of communication | ||
centered in trust, respect and shared responsibility that | ||
upholds Tribal sovereignty. It is a free and open process | ||
where the exchange of information and opinions are shared | ||
among the participating parties. | ||
"Undertaking" means any project, activity, or construction | ||
that can result in changes to, disturbance of, moving, or | ||
destruction of human remains, grave artifacts, grave markers | ||
or unregistered graves. | ||
(b) "Unregistered grave graves " means are any grave graves | ||
or location locations where a human body
has been buried or | ||
deposited; is over 100 years old; and is not in a
cemetery | ||
registered with or licensed by the State Comptroller under the | ||
Cemetery Care Act or under the authority of the Illinois |
Department of Financial and Professional Regulation pursuant | ||
to the Cemetery Oversight Act, whichever is applicable.
| ||
(c) "Grave artifacts" are any item of human manufacture or | ||
use that is
associated with the human skeletal remains in an | ||
unregistered grave.
| ||
(d) "Grave markers" are any tomb, monument, stone, | ||
ornament, mound, or
other item of human manufacture that is | ||
associated with an unregistered grave.
| ||
(e) "Person" means any natural individual, firm, trust, | ||
estate,
partnership, association, joint stock company, joint | ||
venture, corporation
or a receiver, trustee, guardian or other | ||
representatives appointed by
order of any court, the Federal | ||
and State governments, including State
Universities created by | ||
statute or any city, town, county or other political
| ||
subdivision of this State.
| ||
(f) "Disturb" includes excavating, removing, exposing, | ||
defacing,
mutilating, destroying, molesting, or desecrating in | ||
any
way human skeletal remains, unregistered graves, and grave | ||
markers.
| ||
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
| ||
(20 ILCS 3440/2) (from Ch. 127, par. 2662)
| ||
Sec. 2. Legislative finding and intentions. The General | ||
Assembly
finds that existing laws do not provide equal or | ||
adequate protection for all
human graves. There is a real and | ||
growing threat to the safety and
sanctity of unregistered and |
unmarked graves. Numerous incidents in
Illinois have resulted | ||
in the desecration of human remains and vandalism to
graves | ||
and grave markers. Similar incidents have occurred in | ||
neighboring states and
as a result those states have increased | ||
their criminal penalties for such
conduct. Strong and | ||
meaningful relationships between the State of Illinois and | ||
tribal nations geographically and culturally affiliated to the | ||
land now known as the State of Illinois must be cultivated. | ||
There is a strong likelihood that persons engaged for personal | ||
or
financial gain in the mining of prehistoric and historic | ||
Indian, pioneer,
and Civil War veteran's graves will move | ||
their operations to Illinois to
avoid the increased penalties | ||
being imposed in neighboring states. There
is an immediate | ||
need for legislation to protect the graves of Native Americans | ||
and any other peoples geographically and culturally affiliated | ||
to the land now known as the State of Illinois these earlier
| ||
Illinoisans from such desecration. The General Assembly | ||
intends to assure
with this Act that all human burials be | ||
accorded equal treatment and
respect for human dignity without | ||
reference to ethnic origins, cultural
backgrounds or religious | ||
affiliations .
| ||
The General Assembly finds that the intentional looting | ||
of, desecration of, or profiting from human remains and | ||
mortuary objects are deplorable actions that must be | ||
prohibited. When human remains and unregistered graves are | ||
unintentionally encountered, they must be treated with respect |
and in accordance with law. This Act is not intended The | ||
General Assembly also finds that those persons engaged in the
| ||
scientific study or collecting of artifacts which
have not | ||
been acquired in violation of law are engaged in legitimate | ||
and
worthy scientific, educational and recreational | ||
activities. This Act is
not intended to interfere with the | ||
continued legitimate collecting
activities or studies of such | ||
persons; nor is it intended to interfere with
the normal | ||
enjoyment of private property owners, farmers, or those | ||
engaged
in the development, mining or improvement of real | ||
property.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(20 ILCS 3440/3) (from Ch. 127, par. 2663)
| ||
Sec. 3. Notification to coroner and Department. Any person | ||
who encounters discovers human skeletal remains subject to
| ||
this Act shall promptly notify the coroner and shall notify | ||
the Department within 48 hours of the encounter . Any person | ||
who knowingly fails
to report such an encounter as required by | ||
this section a discovery within 48 hours is guilty of a Class C
| ||
misdemeanor, unless such person has reasonable cause to | ||
believe that the
coroner and the Department had already been | ||
so notified. If the human skeletal remains appear
to be from an | ||
unregistered grave, the coroner shall promptly notify the | ||
Department of Natural Resources
prior to their removal . | ||
Nothing in this Act
shall be construed to apply to human |
skeletal remains subject to "An Act to
revise the law in | ||
relation to coroners".
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/3.5 new) | ||
Sec. 3.5. Encounter procedure. When an undertaking | ||
encounters human remains, unregistered graves, grave markers, | ||
or grave artifacts, all activities shall cease within a | ||
100-foot radius of the encounter. The encountering party shall | ||
notify the coroner and the Department as required in Section | ||
3. If the coroner determines that the human remains are not | ||
over 100 years old, no further action is required under this | ||
Act. If the coroner does determine that the human remains are | ||
over 100 years old, the Department shall review the | ||
undertaking and may issue a permit pursuant to Section 13. | ||
During its review, if it is determined by the Department that | ||
the human remains, unregistered grave, grave marker, or grave | ||
artifact are Native American in origin, the Department shall | ||
conduct tribal consultation with the tribal nations that | ||
identify as having or having had a historical, cultural, or | ||
geographic affiliation on the land where the undertaking will | ||
occur.
| ||
(20 ILCS 3440/4) (from Ch. 127, par. 2664)
| ||
Sec. 4. Disturbing human remains. | ||
(a) It is unlawful for any person , either by himself or |
through
an agent, to knowingly or recklessly disturb or to | ||
knowingly or recklessly allow the disturbance of human | ||
skeletal remains , unregistered graves, grave markers, or and | ||
grave artifacts that originated from any land that is now part | ||
of the State of Illinois and
in unregistered graves protected | ||
by this Act unless such disturbance is authorized by person | ||
obtains a
permit issued by the Department of Natural | ||
Resources . A violation of this Section is a Class 4 felony.
| ||
(b) This Section does not apply to: | ||
(1) persons employed by or agents of a county medical | ||
examiner's
office or coroner's office acting within the | ||
scope of their employment; | ||
(2) the acts of a licensed funeral director or
| ||
embalmer while performing acts authorized by the Funeral | ||
Directors and Embalmers Licensing Code; | ||
(3) cemeteries and cemetery personnel while
performing | ||
acts pursuant to a bona fide request from the involved | ||
cemetery consumer or his or her heirs, or pursuant to an | ||
interment or disinterment permit or a court order, or as | ||
authorized under Section 14.5 of the Cemetery Protection | ||
Act, or any other actions legally authorized for cemetery | ||
employees; | ||
(4) the acts of emergency medical personnel or
| ||
physicians performed in good faith and according to the | ||
usual and customary standards of medical practice in an | ||
attempt to resuscitate a life; |
(5) physicians licensed to practice medicine in all
of | ||
its branches or holding a visiting professor, physician, | ||
or resident permit under the Medical Practice Act of 1987, | ||
performing acts in accordance with usual and customary | ||
standards of medical practice, or a currently enrolled | ||
student in an accredited medical school in furtherance of | ||
his or her education at the accredited medical school; | ||
(6) removing or carrying away human remains by the
| ||
employees, independent contractors, or other persons | ||
designated by the federally designated organ procurement | ||
agency engaged in the organ and tissue procurement | ||
process; or | ||
(7) Department employees in the course of their | ||
official duties pursuant to this Act. | ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/6) (from Ch. 127, par. 2666)
| ||
Sec. 6. Violations. | ||
(a) It is unlawful for any person , either by himself or | ||
through
an agent, to knowingly or recklessly: | ||
(1) charge admission or a fee to observe; | ||
(2) sell; | ||
(3) purchase; or | ||
(4) transport for sale or to a location that will | ||
charge admission or a fee to observe
any human remains, | ||
grave artifacts, or grave markers that are Native American |
in origin or that originated from any land that is now part | ||
of the State of Illinois. | ||
A person who violates this Section commits a Class A | ||
misdemeanor for a first violation and a Class 4 felony for a | ||
second or subsequent violation offer any human skeletal | ||
remains, grave artifacts or grave
markers for sale or exchange | ||
with the knowledge that they have been
collected or excavated | ||
in violation of this Act .
| ||
(b) This Section does not apply to: | ||
(1) the acts of a licensed funeral director or
| ||
embalmer while performing acts authorized by the Funeral | ||
Directors and Embalmers Licensing Code; or | ||
(2) cemeteries and cemetery personnel while
performing | ||
acts pursuant to a bona fide request from the involved | ||
cemetery consumer or his or her heirs, or pursuant to an | ||
interment or disinterment permit or a court order, or as | ||
authorized under Section 14.5 of the Cemetery Protection | ||
Act, or any other actions legally authorized for cemetery | ||
employees. | ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/8) (from Ch. 127, par. 2668)
| ||
Sec. 8. Duties of the State's Attorney and Attorney | ||
General. The State's Attorney of the county in which a
| ||
violation of Sections 4, 5, 6, or 7 of this Act or | ||
administrative rules is alleged to
have occurred, or the |
Attorney General, may be requested by
the Department Director | ||
of Natural Resources to initiate
criminal prosecutions and or | ||
to seek restitution, civil damages, injunctive
relief and any | ||
other appropriate relief. The Department of Natural Resources | ||
shall co-operate with the State's Attorney
or the Attorney | ||
General. Persons wishing to report aware of any violations of
| ||
this Act shall contact the Department of Natural Resources .
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/9) (from Ch. 127, par. 2669)
| ||
Sec. 9. Rewards for information leading to arrest of | ||
violators of the Act. The Department of Natural Resources is | ||
authorized to offer a
reward of up to $5,000 $2000 for | ||
information leading to the arrest and
conviction of persons | ||
who violate Sections 4, 5, 6, and 7 of this Act.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/10) (from Ch. 127, par. 2670)
| ||
Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of | ||
this Act , unless otherwise specified, is a Class A
misdemeanor | ||
for a first violation and a Class 4 felony for a second or | ||
subsequent violation. Any violation of administrative rules | ||
adopted under this Act is a Class B misdemeanor and the | ||
violator shall be subject to imprisonment for not more
than 1 | ||
year and a fine not in excess of $10,000; any subsequent | ||
violation
is a Class 4 felony . Each disturbance of human |
remains, an unregistered graves, grave markers, or grave | ||
artifacts grave constitutes
a separate offense.
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/12) (from Ch. 127, par. 2672)
| ||
Sec. 12. Restitution. Persons convicted of a violation of | ||
Section 3, 3.5, 4, or 6 Section 4 or 5 of this
Act shall also | ||
be liable for restitution civil damages to be assessed by the | ||
circuit court Historic
Preservation Agency . Restitution Civil | ||
damages may include , but is not limited to :
| ||
(a) (blank); forfeiture of any and all equipment used in | ||
disturbing the protected
unregistered graves or grave markers;
| ||
(b) any and all costs incurred in cleaning, restoring, | ||
repairing, analyzing,
accessioning and curating the recovered | ||
materials , including, but not limited to, fees for experts the | ||
Department needed to complete any restoration or | ||
identification required under this Act ;
| ||
(c) any and all costs associated with restoring the land | ||
to its original
contour or the grave marker to its original | ||
condition;
| ||
(d) any and all costs associated with recovery of data, | ||
and analyzing,
publishing, accessioning and curating materials | ||
when the prohibited
activity is so extensive as to preclude | ||
the restoration of the unregistered
burials or grave markers;
| ||
(e) any and all costs associated with the reinterment of | ||
the human skeletal remains;
|
(f) any and all costs associated with the determination | ||
and collection
of restitution; and the civil damages.
| ||
(g) for Native American remains and materials, any and all | ||
costs of traveling for tribal nation representatives for | ||
reinterment or repatriation activities and for non-Native | ||
American remains and materials, any and all costs of traveling | ||
for experts the Department needed to complete any restoration | ||
or identification required under this Act. | ||
When restitution is ordered in a case prosecuted by civil | ||
damages are recovered through the Attorney General, the | ||
restitution
proceeds shall be deposited into the Repatriation | ||
and Reinterment Historic Sites Fund; when restitution is | ||
ordered in a case prosecuted by civil
damages are recovered | ||
through the State's Attorney, the proceeds shall be
deposited | ||
into the county funds designated by the county board that may | ||
only be used for repatriation or reinterment .
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/13) (from Ch. 127, par. 2673)
| ||
Sec. 13. Notification. | ||
(a) If an undertaking will occur on property that the | ||
property owner has been notified in writing by the Department | ||
that the land is likely to contain human remains, unregistered | ||
graves, grave markers, or grave artifacts, a permit shall be | ||
obtained by the landowner from the Department. | ||
(b) If human remains, unregistered graves, grave markers, |
or grave artifacts that were unknown and were encountered by | ||
any person, a permit shall be obtained from the Department | ||
before any work on the undertaking may continue. | ||
(c) The Department of Natural Resources shall adopt | ||
administrative rules develop
regulations, in consultation with | ||
the Illinois State Museum, whereby
permits shall may be issued | ||
for the avoidance, disturbance, or removal of human remains, | ||
unregistered graves, grave markers, or grave artifacts, or a | ||
combination of those activities removal of human skeletal | ||
remains and grave
artifacts from unregistered graves or the | ||
removal of grave markers . The Department may adopt emergency | ||
rules in accordance with Sections 5-45 and 5-45.35 of the | ||
Illinois Administrative Procedure Act. The adoption of | ||
emergency rules authorized by Sections 5-45 and 5-45.35 of the | ||
Illinois Administrative Procedure Act and this paragraph is | ||
deemed to be necessary for the public interest, safety, and | ||
welfare.
| ||
(d) (b) Each permit shall specify all terms and conditions | ||
under which the
avoidance, removal , or disturbance of human | ||
skeletal remains, grave artifacts, or grave markers , or | ||
unregistered graves shall
be carried out. All costs accrued in | ||
the removal of the aforementioned
materials shall be borne by | ||
the permit applicant. Within 60 days of the Upon completion of | ||
the undertaking
project , the permit holder shall submit a | ||
report , on a form provided by the Department, of the results to | ||
the Department of Natural Resources .
|
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/14) (from Ch. 127, par. 2674)
| ||
Sec. 14. Native American human remains. All Native | ||
American human remains, unregistered graves, grave markers, | ||
and grave artifacts are the property of the Native American | ||
nations geographically and culturally affiliated with | ||
Illinois. The Department shall maintain and care for Native | ||
American property until tribal consultation has been completed | ||
and the tribes have made the final decision for repatriation | ||
or other arrangements have been established. The Department | ||
shall: | ||
(1) maintain records; | ||
(2) conduct tribal consultation; | ||
(3) provide reports to tribal nations; and | ||
(4) facilitate repatriation and reinterment efforts. | ||
Such repatriation and reinterment efforts shall be with | ||
tribal approval. | ||
All non-Native American human skeletal remains , grave markers, | ||
and grave artifacts in
unregistered graves are held in trust | ||
for the people of Illinois by the
State and are under the | ||
jurisdiction of the Department until and unless they are | ||
repatriated to descendants or other arrangements have been | ||
established. Unless and until they are repatriated, all of | ||
Natural Resources.
All materials collected under this Act | ||
shall be maintained, with dignity
and respect, for the people |
of the State under the care of the Department Illinois
State | ||
Museum .
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/15) (from Ch. 127, par. 2675)
| ||
Sec. 15. Rules. The Department of Natural Resources shall | ||
adopt promulgate such administrative rules
regulations as may | ||
be necessary to carry out the purposes of this Act in | ||
accordance with the Illinois Administrative Procedure Act .
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/16) (from Ch. 127, par. 2676)
| ||
Sec. 16. Exemptions. Activities reviewed by the Department | ||
of Natural Resources
pursuant to Section 106 of the National | ||
Historic Preservation Act (16
U.S.C. 470f) and activities | ||
permitted pursuant to the Federal Surface
Mining Control and | ||
Reclamation Act of 1977 (P.L. 95-87), or the rules and
| ||
regulations promulgated thereunder or any law, rule or | ||
regulation adopted
by the State of Illinois thereunder shall | ||
be exempt from these permitting
requirements.
| ||
(Source: P.A. 100-695, eff. 8-3-18.)
| ||
(20 ILCS 3440/16.1 new) | ||
Sec. 16.1. Burial sites on Department owned lands. The
| ||
Department may create burial sites on Department owned lands
| ||
for the reburial of repatriated Native American human remains,
|
unregistered graves, grave markers, or grave artifacts after
| ||
tribal consultation with the federally recognized tribes with
| ||
geographical and cultural affiliation with Illinois. The
| ||
burial sites shall not be used by the public and shall be
| ||
protected by the State of Illinois. | ||
(20 ILCS 3440/16.2 new) | ||
Sec. 16.2. Repatriation and Reinterment Fund. The | ||
Repatriation and Reinterment Fund is created in the State | ||
treasury. All restitution collected from the prosecution of | ||
any violation of this Act shall be deposited in the fund and | ||
each deposit shall only be used to cover the restitution that | ||
was so ordered in an individual case pursuant to Section 12. | ||
The General Assembly may allocate appropriations to this fund | ||
to cover the cost of, including but not limited to, | ||
reinterment, repatriation, repair, or restoration of human | ||
remains, unregistered graves, grave markers, or grave | ||
artifacts that are in the custody of the Department. | ||
(20 ILCS 3440/16.3 new) | ||
Sec. 16.3. Forfeiture. | ||
(a) Every device, equipment, tool, vehicle or conveyance, | ||
when used or operated illegally, or attempted to be used or | ||
operated illegally by any person in taking, transporting, | ||
holding, disturbing, exploring, excavating, collecting or | ||
conveying any human remains, grave artifacts, or grave |
markers, contrary to the provisions of this Act, including | ||
administrative rules, is a public nuisance and subject to | ||
seizure and confiscation by any authorized employee of the | ||
Department; upon the seizure of such item the Department shall | ||
take and hold the same until disposed of as hereinafter | ||
provided. | ||
(b) Upon the seizure of any property as herein provided, | ||
the authorized employee of the Department making such seizure | ||
shall forthwith cause a complaint to be filed before the | ||
circuit court and a summons to be issued requiring the person | ||
who illegally used or operated or attempted to use or operate | ||
such property and the owner and person in possession of such | ||
property to appear in court and show cause why the property | ||
seized should not be forfeited to the State. Upon the return of | ||
the summons duly served or other notice as herein provided, | ||
the court shall proceed to determine the question of the | ||
illegality of the use of the seized property and upon judgment | ||
being entered to the effect that such property was illegally | ||
used, an order may be entered providing for the forfeiture of | ||
such seized property to the Department and shall thereupon | ||
become the property of the Department; but the owner of such | ||
property may have a jury determine the illegality of its use, | ||
and shall have the right of an appeal, as in other cases. Such | ||
confiscation or forfeiture shall not preclude or mitigate | ||
against prosecution and assessment of penalties otherwise | ||
provided in this Act. |
(c) Upon seizure of any property under circumstances | ||
supporting a reasonable belief that such property was | ||
abandoned, lost or stolen or otherwise illegally possessed or | ||
used contrary to the provisions of this Act, except property | ||
seized during a search or arrest, and ultimately returned, | ||
destroyed, or otherwise disposed of pursuant to order of a | ||
court in accordance with this Act, the Department shall make | ||
reasonable inquiry and efforts to identify and notify the | ||
owner or other person entitled to possession thereof, and | ||
shall return the property after such person provides | ||
reasonable and satisfactory proof of his ownership or right to | ||
possession and reimburses the Department for all reasonable | ||
expenses of such custody. If the identity or location of the | ||
owner or other person entitled to possession of the property | ||
has not been ascertained within 6 months after the Department | ||
obtains such possession, the Department shall effectuate the | ||
sale of the property for cash to the highest bidder at a public | ||
auction. The owner or other person entitled to possession of | ||
such property may claim and recover possession of the property | ||
at any time before its sale at public auction, upon providing | ||
reasonable and satisfactory proof of ownership or right of | ||
possession and reimbursing the Department for all reasonable | ||
expenses of custody thereof. | ||
(d) Any property forfeited to the State by court order | ||
pursuant to this Section may be disposed of by public auction, | ||
except that any property which is the subject of such a court |
order shall not be disposed of pending appeal of the order. The | ||
proceeds of the sales at auction shall be deposited in the | ||
Repatriation and Reinterment Fund. | ||
(e) The Department shall pay all costs of notices required | ||
by this Section. | ||
(f) Property seized or forfeited under this Section is | ||
subject to reporting under the Seizure and Forfeiture | ||
Reporting Act. | ||
(g) This Section does not apply to human remains, grave | ||
artifacts, or grave markers that were recovered by the | ||
Department or other law enforcement agency during an | ||
investigation of a violation of this Act.
| ||
(20 ILCS 3440/5 rep.)
| ||
(20 ILCS 3440/7 rep.)
| ||
(20 ILCS 3440/11 rep.)
| ||
Section 30. The Human Skeletal Remains Protection Act is | ||
amended by repealing Sections 5, 7, and 11.
| ||
Section 35. The State Finance Act is amended by adding | ||
Section 5.990 as follows: | ||
(30 ILCS 105/5.990 new) | ||
Sec. 5.990. The Repatriation and Reinterment Fund. | ||
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |