Bill Amendment: IL SB0685 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DOMESTIC VIOLENCE FATAL REVIEW
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0520 [SB0685 Detail]
Download: Illinois-2021-SB0685-House_Amendment_002.html
Bill Title: DOMESTIC VIOLENCE FATAL REVIEW
Status: 2021-08-20 - Public Act . . . . . . . . . 102-0520 [SB0685 Detail]
Download: Illinois-2021-SB0685-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 685
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2 | AMENDMENT NO. ______. Amend Senate Bill 685, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Domestic Violence Fatality Review Act.
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7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Board" means the Illinois Criminal Justice Information | ||||||
9 | Authority Board. | ||||||
10 | "Case eligible for review" means the case based upon a | ||||||
11 | qualifying relationship that the regional review teams can | ||||||
12 | review under Section 70. | ||||||
13 | "Confidential information" means: | ||||||
14 | (1) oral, written, digital, or electronic original or | ||||||
15 | copied information, records, documents, photographs, | ||||||
16 | images, exhibits, or communications (i) obtained by the |
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1 | Board, the Statewide Committee, or a regional review team | ||||||
2 | from a public body for the purpose of addressing whether a | ||||||
3 | case should be reviewed or for review of an eligible case | ||||||
4 | under this Act while in the possession of the Board, | ||||||
5 | Statewide Committee, or regional review team or (ii) in | ||||||
6 | the possession of, provided to, obtained by, shared with, | ||||||
7 | discussed by, created by, or maintained by the Board, the | ||||||
8 | Statewide Committee, or a regional review team for the | ||||||
9 | purpose of addressing whether a case should be reviewed or | ||||||
10 | for review of an eligible case; | ||||||
11 | (2) any information that may be in the possession of | ||||||
12 | the Board, Statewide Committee, or a regional review team | ||||||
13 | that discloses the identities of victims, survivors, | ||||||
14 | deceased, or offenders, or their family members, or by | ||||||
15 | which their identities can be determined by a reasonably | ||||||
16 | diligent inquiry; and | ||||||
17 | (3) any discussions, deliberations, minutes, notes, | ||||||
18 | records, or opinions of the members of the Board, | ||||||
19 | Statewide Committee, or a regional review team with regard | ||||||
20 | to a case eligible for review to determine whether the | ||||||
21 | case should be reviewed or a review of an eligible case. | ||||||
22 | Confidential information does not mean nonidentifying or | ||||||
23 | aggregate data information or analysis of data, and | ||||||
24 | recommendations for community and systemic reform. | ||||||
25 | "Deceased" means anyone who died in connection with the | ||||||
26 | actions of the offender, other than the victim, survivor, or |
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1 | offender. | ||||||
2 | "Domestic violence" means abuse as it is defined in | ||||||
3 | Section 103 of the Illinois Domestic Violence Act of 1986 and | ||||||
4 | paragraph (1) of subsection (b) of Section 112A-3 of the Code | ||||||
5 | of Criminal Procedure of 1963. | ||||||
6 | "Domestic violence fatality review" means the deliberative | ||||||
7 | process of multiagency and multidisciplinary teams that select | ||||||
8 | eligible cases of domestic violence related fatalities and | ||||||
9 | near-fatalities, and trace prior systemic interventions and | ||||||
10 | involvement to: | ||||||
11 | (1) examine barriers to safety, justice, | ||||||
12 | self-determination, and equity; | ||||||
13 | (2) identify systemic and community gaps and consider | ||||||
14 | alternate and more effective systemic responses; and | ||||||
15 | (3) develop recommendations for greater coordinated | ||||||
16 | and improved community and systemic response and | ||||||
17 | prevention initiatives to domestic violence in order to | ||||||
18 | reduce the occurrence, frequency, and severity of domestic | ||||||
19 | violence and prevent fatalities and near-fatalities. | ||||||
20 | "Familicide" means the killing of a family, including one | ||||||
21 | or both parents and any children, by a family member. | ||||||
22 | "Fatality" means death caused by suicide or homicide. | ||||||
23 | "Near-fatality" means a death that nearly occurred by | ||||||
24 | means of suicide or homicide, or an injury that could have | ||||||
25 | resulted in death. | ||||||
26 | "Offender" means the person who inflicted domestic |
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1 | violence upon the victim and caused the victim's death, or the | ||||||
2 | person who inflicted domestic violence upon a survivor. | ||||||
3 | "Offender" includes a person who is deceased or alive, and is | ||||||
4 | not required to have been the subject of a criminal | ||||||
5 | investigation or prosecution. | ||||||
6 | "Regional domestic violence fatality review team" or | ||||||
7 | "regional review team" means a multiagency and | ||||||
8 | multidisciplinary team that selects and reviews eligible cases | ||||||
9 | in accordance with Section 45. | ||||||
10 | "Statewide Committee" means the Ad Hoc Statewide Domestic | ||||||
11 | Violence Fatality Review Committee of the Illinois Criminal | ||||||
12 | Justice Information Authority Board. | ||||||
13 | "Survivor" means a person who experienced domestic | ||||||
14 | violence and is alive. | ||||||
15 | "Victim" means the person who experienced domestic | ||||||
16 | violence and is deceased, including by means of homicide or | ||||||
17 | suicide.
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18 | Section 10. Findings. The General Assembly finds and | ||||||
19 | declares the following: | ||||||
20 | (a) Over 10,000,000 people in the United States experience | ||||||
21 | physical domestic violence by a current or former partner each | ||||||
22 | year. | ||||||
23 | (b) According to the Centers for Disease Control and | ||||||
24 | Prevention of the United States Department of Health and Human | ||||||
25 | Services, domestic violence accounts for 15% of all violent |
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1 | crime in the United States, and in this State, 42% of women and | ||||||
2 | 26% of men have been harmed by an intimate partner in their | ||||||
3 | lifetime. | ||||||
4 | (c) According to the U.S. Department of Justice, | ||||||
5 | nationwide approximately 1 in 4 women and nearly 1 in 7 men | ||||||
6 | experience severe physical violence resulting from domestic | ||||||
7 | violence by an intimate partner at some point in their | ||||||
8 | lifetime. | ||||||
9 | (d) The Illinois Criminal Justice Information Authority | ||||||
10 | found that while the actual number of domestic violence | ||||||
11 | incidents are underreported, in this State over 100,000 | ||||||
12 | domestic violence offenses were reported to law enforcement | ||||||
13 | each year between 2005 and 2017. Between 400,000 and nearly | ||||||
14 | 600,000 orders of protection were filed each year between 2005 | ||||||
15 | and 2017. | ||||||
16 | (e) From 2001 to 2018, State domestic violence agencies | ||||||
17 | served nearly 800,000 adults and children, at an average of | ||||||
18 | 57,684 clients per year, according to the Illinois Criminal | ||||||
19 | Justice Information Authority. | ||||||
20 | (f) Domestic violence related homicides account for nearly | ||||||
21 | 1 in 5 murders in the United States. According to the National | ||||||
22 | Coalition Against Domestic Violence, female homicide victims | ||||||
23 | are substantially more likely than male homicide victims to | ||||||
24 | have been killed by an intimate partner. One in 3 female murder | ||||||
25 | victims are killed by intimate partners. About 4% of male | ||||||
26 | homicide victims were killed by an intimate partner. |
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1 | Nationwide, 72% of all homicide-suicides involved an intimate | ||||||
2 | partner of which 94% of the murdered victims are women. | ||||||
3 | (g) The Illinois Criminal Justice Information Authority | ||||||
4 | found that 15% of all homicides in this State are connected to | ||||||
5 | domestic violence, such that at least 130 domestic violence | ||||||
6 | related homicides occurred in this State during 2019. The | ||||||
7 | Illinois Coalition Against Domestic Violence found that | ||||||
8 | domestic violence fatalities occurred across at least 26 | ||||||
9 | counties and included at least 7 children between July 2019 | ||||||
10 | and June 2020. | ||||||
11 | (h) The Illinois Criminal Justice Information Authority | ||||||
12 | found that the estimated financial impact of domestic violence | ||||||
13 | homicides reported in this State during 2019 would total | ||||||
14 | nearly $1.2 billion. | ||||||
15 | (i) Nearly all familicides involve a history of domestic | ||||||
16 | violence. | ||||||
17 | (j) Effective responses to domestic violence and domestic | ||||||
18 | violence related fatalities involve governmental, social | ||||||
19 | services, and other systems in the community. A coordinated | ||||||
20 | and consistent approach among community and system points of | ||||||
21 | intervention are important to fostering the safety, stability, | ||||||
22 | well-being and healing of survivors, and facilitating | ||||||
23 | meaningful engagement with and sustainable accountability for | ||||||
24 | offenders. | ||||||
25 | (k) Domestic violence transcends boundaries of race, | ||||||
26 | religion, ethnicity, sexual orientation, gender identity, |
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1 | disability, culture, socioeconomic status, and geography. | ||||||
2 | (l) Domestic violence related fatalities and | ||||||
3 | near-fatalities are experienced and responded to differently | ||||||
4 | in historically marginalized communities. The communities and | ||||||
5 | systems that victims, survivors, and offenders engage with in | ||||||
6 | historically marginalized communities are typically those with | ||||||
7 | power imbalances often rooted in systemic racism and | ||||||
8 | oppression. Women of color, in particular, face additional | ||||||
9 | barriers and gaps in accessing systemic and community | ||||||
10 | responses aimed at reducing domestic violence related | ||||||
11 | fatalities and near-fatalities. | ||||||
12 | (m) Over 200 domestic violence fatality review teams exist | ||||||
13 | across the United States. Those teams are engaged in systems | ||||||
14 | reform in order to improve the response to domestic violence | ||||||
15 | and reduce and prevent domestic violence related fatalities | ||||||
16 | and near-fatalities. | ||||||
17 | (n) Domestic violence related fatalities and | ||||||
18 | near-fatalities can be prevented, and the use of regional | ||||||
19 | domestic violence fatality review teams under the leadership, | ||||||
20 | guidance, and technical assistance of the Statewide Committee | ||||||
21 | in support of the regional teams is an effort toward such | ||||||
22 | prevention.
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23 | Section 15. Purposes. The purposes of this Act are: | ||||||
24 | (1) To create the Ad Hoc Statewide Domestic Violence | ||||||
25 | Fatality Review Committee of the Illinois Criminal Justice |
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1 | Information Authority Board to support domestic violence | ||||||
2 | fatality review in this State. | ||||||
3 | (2) To establish regional domestic violence fatality | ||||||
4 | review teams that engage in domestic violence fatality review | ||||||
5 | in this State in order to foster systemic reform that aims to: | ||||||
6 | (A) reduce domestic violence and domestic violence | ||||||
7 | related fatalities and near-fatalities in this State; | ||||||
8 | (B) address disparate and discriminatory practices and | ||||||
9 | attitudes in the systems that interact with victims, | ||||||
10 | survivors, and offenders; and | ||||||
11 | (C) reduce the cost on society of domestic violence | ||||||
12 | and domestic violence related fatalities and | ||||||
13 | near-fatalities by: | ||||||
14 | (i) reviewing selected cases eligible for review; | ||||||
15 | (ii) examining how systems have responded to | ||||||
16 | individual experiences; | ||||||
17 | (iii) identifying gaps and barriers to effective | ||||||
18 | and equitable responses that promote safety, | ||||||
19 | stability, well-being, healing, and accountability; | ||||||
20 | and | ||||||
21 | (iv) recommending strategies to improve community | ||||||
22 | and systemic responses to domestic violence in order | ||||||
23 | to foster points of intervention and support that are | ||||||
24 | effective, coordinated, collaborative, consistent, | ||||||
25 | just, and equitable.
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1 | Section 20. Ad Hoc Statewide Domestic Violence Fatality | ||||||
2 | Review Committee of the Illinois Criminal Justice Information | ||||||
3 | Authority Board. The Ad Hoc Statewide Domestic Violence | ||||||
4 | Fatality Review Committee of the Illinois Criminal Justice | ||||||
5 | Information Authority Board is hereby created to provide | ||||||
6 | guidance, leadership, technical assistance, research, and | ||||||
7 | other supports to the regional domestic violence fatality | ||||||
8 | review teams in carrying out their responsibilities under this | ||||||
9 | Act, and to serve as a statewide resource for addressing | ||||||
10 | domestic violence related fatalities and near-fatalities as | ||||||
11 | well as other forms of abuse connected to domestic violence.
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12 | Section 25. Membership of the Statewide Committee. | ||||||
13 | (a) The Statewide Committee shall consist of the following | ||||||
14 | voting members and nonvoting ex officio members. The voting | ||||||
15 | membership shall have racial, ethnic, gender, and geographic | ||||||
16 | diversity and include the following: | ||||||
17 | (1) Four members of the General Assembly as follows: 2 | ||||||
18 | members of the Senate, one member appointed by the | ||||||
19 | President of the Senate and one member appointed by the | ||||||
20 | Senate Minority Leader; 2 members of the House of | ||||||
21 | Representatives, one member appointed by the Speaker of | ||||||
22 | the House and one member appointed by the House Minority | ||||||
23 | Leader. | ||||||
24 | (2) One member of the Governor's policy leadership | ||||||
25 | team appointed by the Governor. |
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1 | (3) Up to 20 public members designated by the Board | ||||||
2 | Chairperson, including: | ||||||
3 | (A) Four members representing different regional | ||||||
4 | review teams established under this Act, or at-large | ||||||
5 | members in accordance with subparagraph (I) if 4 | ||||||
6 | regional review teams have not yet been established at | ||||||
7 | the time of appointment. | ||||||
8 | (B) Two members representing statewide, regional, | ||||||
9 | or local organizations that advocate on behalf of | ||||||
10 | survivors of domestic violence. | ||||||
11 | (C) Two members who are domestic violence | ||||||
12 | survivors, one of whom may be a family member of a | ||||||
13 | victim of domestic violence-related fatality or | ||||||
14 | near-fatality. | ||||||
15 | (D) Four social services providers representing | ||||||
16 | different geographic areas of the State whose | ||||||
17 | significant purpose is to provide services to | ||||||
18 | survivors of domestic violence. | ||||||
19 | (E) Two social service providers who have | ||||||
20 | significant experience working with domestic violence | ||||||
21 | offenders. | ||||||
22 | (F) One physician licensed by the State whose | ||||||
23 | State practice focuses on emergency medicine. | ||||||
24 | (G) One member of the Illinois Association of | ||||||
25 | Chiefs of Police recommended by the Association | ||||||
26 | Director or President. |
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1 | (H) One member of the Illinois Sheriffs' | ||||||
2 | Association recommended by the Association Director or | ||||||
3 | President. | ||||||
4 | (I) Three at-large members who have substantial | ||||||
5 | expertise and experience in the response to or | ||||||
6 | prevention of domestic violence and domestic violence | ||||||
7 | related fatalities and near-fatalities, or a related | ||||||
8 | skill or expertise. | ||||||
9 | (b) The following, or a designee, shall serve as nonvoting | ||||||
10 | ex officio members of the Statewide Committee: the Lieutenant | ||||||
11 | Governor; the Secretary of Human Services; the Director of | ||||||
12 | Public Health; the Attorney General; the Director of the | ||||||
13 | Illinois State Police; the Director of Children and Family | ||||||
14 | Services; the Director of the Illinois Criminal Justice | ||||||
15 | Information Authority; the Director of the Office of the | ||||||
16 | State's Attorney Appellate Prosecutor; the Director of the | ||||||
17 | Office of the State Appellate Defender; and the Director of | ||||||
18 | the Administrative Office of the Illinois Courts.
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19 | Section 30. Statewide Committee terms of members; | ||||||
20 | vacancies. | ||||||
21 | (a) Terms of the original voting members shall be | ||||||
22 | staggered as follows: one-half shall be designated for 2-year | ||||||
23 | terms and one-half shall be designated for 3-year terms. The | ||||||
24 | length of the initial terms of each original voting member | ||||||
25 | shall be drawn by lot at the first meeting held by the |
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1 | Statewide Committee and shall be recorded as part of the | ||||||
2 | minutes of the meeting. After the initial term, each term | ||||||
3 | shall be for 3 years. Length of terms of co-chairs, the | ||||||
4 | secretary, and other officers coincide with Statewide | ||||||
5 | Committee members' terms. | ||||||
6 | (b) The Board Chairperson shall designate members to fill | ||||||
7 | vacancies in accordance with Section 25. A member whose term | ||||||
8 | has expired may serve until a successor is appointed and | ||||||
9 | accepts the appointment.
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10 | Section 35. Statewide Committee quorum; meetings; | ||||||
11 | compensation. | ||||||
12 | (a) A quorum shall consist of 7 of the voting members of | ||||||
13 | the Statewide Committee. | ||||||
14 | (b) The first meeting of the Statewide Committee shall | ||||||
15 | occur by January 15, 2022. At the first meeting and at | ||||||
16 | subsequent meetings when terms expire, the voting members | ||||||
17 | shall elect 2 co-chairs and a secretary from among the voting | ||||||
18 | members and may elect any other officers and other officers | ||||||
19 | the voting members deem necessary to carry out the duties and | ||||||
20 | responsibilities of the Statewide Committee. | ||||||
21 | (c) The Statewide Committee shall meet at least quarterly | ||||||
22 | each State Fiscal Year. Additional meetings may be called by | ||||||
23 | the co-chairs, after at least 7 days prior notice to the | ||||||
24 | Statewide Committee members, or upon a written request signed | ||||||
25 | by at least 5 Statewide Committee members to the co-chairs for |
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1 | a meeting request. Meetings may be held by a virtual meeting | ||||||
2 | format during a public health emergency or disaster | ||||||
3 | proclamation declared by the Governor, or at the discretion of | ||||||
4 | the co-chairs. | ||||||
5 | (d) The meetings of the Statewide Committee are subject to | ||||||
6 | the Open Meetings Act, except the following shall occur in | ||||||
7 | closed executive sessions not subject to the requirements of | ||||||
8 | the Open Meetings Act: | ||||||
9 | (1) discussions about personnel matters, confidential | ||||||
10 | information as defined by Section 5, or cases eligible for | ||||||
11 | review under Section 70; and | ||||||
12 | (2) conducting a domestic violence fatality review. | ||||||
13 | (e) The members shall receive no compensation for their | ||||||
14 | service as members of the Statewide Committee, but may receive | ||||||
15 | reimbursement for actual expenses incurred in the performance | ||||||
16 | of their duties, subject to the availability of funds for that | ||||||
17 | purpose.
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18 | Section 40. Duties and responsibilities of the Statewide | ||||||
19 | Committee. | ||||||
20 | (a) The Statewide Committee shall carry out the following | ||||||
21 | duties and responsibilities: | ||||||
22 | (1) Subject to available funds, hire or assign a | ||||||
23 | full-time Program Manager to carry out the duties and | ||||||
24 | responsibilities of the Statewide Committee and the | ||||||
25 | purposes of this Act. The Program Manager may hire |
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1 | additional staff, subject to the availability of funds for | ||||||
2 | that purpose and subject to the approval of the Board. The | ||||||
3 | Statewide Committee and regional review teams can operate | ||||||
4 | without an acting Program Manager. | ||||||
5 | (2) Establish and maintain an Internet website. | ||||||
6 | (3) Prepare an annual budget that includes | ||||||
7 | compensation for the Program Manager and staff, and | ||||||
8 | financial reimbursement to regional review team members or | ||||||
9 | teams for actual expenses incurred in the performance of | ||||||
10 | their duties, subject to the availability of funds for | ||||||
11 | that purpose. | ||||||
12 | (4) Facilitate the establishment and implementation of | ||||||
13 | regional review teams across the State over 6 years after | ||||||
14 | the effective date of this Act and collaboratively develop | ||||||
15 | regional implementation plans and procedures. | ||||||
16 | (5) Provide training and ongoing technical assistance | ||||||
17 | to regional review teams. | ||||||
18 | (6) Conduct, or assist in conducting, regional | ||||||
19 | domestic violence fatality reviews if requested by | ||||||
20 | regional review teams in specific cases. | ||||||
21 | (7) Develop model confidentiality agreement, policies, | ||||||
22 | and procedures for the use of regional review teams. | ||||||
23 | (8) Develop guidelines for the annual and biennial | ||||||
24 | reports of the Statewide Committee and the regional review | ||||||
25 | teams pursuant to this Section and Section 65. | ||||||
26 | (9) Appoint the initial members of each regional |
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1 | review team in accordance with Section 50 or designate a | ||||||
2 | founding member of a regional review team to form the | ||||||
3 | remainder of the regional review team in accordance with | ||||||
4 | Section 50, unless the regional review team has been | ||||||
5 | formed prior to the effective date of this Act or elects to | ||||||
6 | form without the involvement of the Statewide Committee. | ||||||
7 | (10) Create a process whereby the Statewide Committee | ||||||
8 | shall annually officially recognize regional review teams | ||||||
9 | that are formed and operated in substantial compliance | ||||||
10 | with the requirements of this Act, and nonrecognize those | ||||||
11 | regional review teams that are substantially out of | ||||||
12 | compliance after reasonable efforts are made by the | ||||||
13 | Statewide Committee to engage the regional review team's | ||||||
14 | co-chairs and other regional stakeholders to facilitate | ||||||
15 | corrective actions to bring the regional review team into | ||||||
16 | substantial compliance. A nonrecognized regional review | ||||||
17 | team no longer has the authority to operate under this | ||||||
18 | Act, however, nonrecognition would not preclude the | ||||||
19 | formation of a new regional review team for the affected | ||||||
20 | region. | ||||||
21 | (11) Review, analyze, maintain, and securely store | ||||||
22 | regional review team reports and recommendations submitted | ||||||
23 | by each regional review team as required by Section 65. | ||||||
24 | (12) File an annual report with the Governor and the | ||||||
25 | General Assembly on the operations and activities of the | ||||||
26 | Statewide Committee and of the regional review teams. The |
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1 | first report shall be due no later than March 1, 2023, and | ||||||
2 | each subsequent report shall be due no later than March 1 | ||||||
3 | of each year thereafter. The annual report shall be made | ||||||
4 | publicly available on the Statewide Committee's Internet | ||||||
5 | website. | ||||||
6 | (13) In even numbered years, file a substantive | ||||||
7 | biennial report reviewing and analyzing the data and | ||||||
8 | recommendations collected from the reports of the regional | ||||||
9 | review teams. The biennial report shall include specific | ||||||
10 | recommendations for legislative, systemic, policy, and any | ||||||
11 | other changes to reduce domestic violence and domestic | ||||||
12 | violence related fatalities and near-fatalities. The first | ||||||
13 | report shall be due no later than April 1, 2024, and each | ||||||
14 | subsequent report shall be due no later than April 1 of | ||||||
15 | each even year thereafter. The biennial report shall be | ||||||
16 | made publicly available on the Statewide Committee's | ||||||
17 | Internet website. | ||||||
18 | (b) The Statewide Committee may carry out the following | ||||||
19 | duties and responsibilities: | ||||||
20 | (1) After a vote by the majority of the voting | ||||||
21 | Statewide Committee members or a decision by the | ||||||
22 | co-chairs, establish one or more subcommittees or task | ||||||
23 | forces to address specific issues regarding domestic | ||||||
24 | violence, domestic violence fatalities and | ||||||
25 | near-fatalities, domestic violence fatality review, or | ||||||
26 | other related issues or subject matters, and may invite |
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1 | nonmembers with expertise on the issue or subject matter | ||||||
2 | to serve on the subcommittee or task force. Each | ||||||
3 | subcommittee or task force shall be chaired by a member of | ||||||
4 | the Statewide Committee. | ||||||
5 | (2) Advise the Governor and General Assembly on | ||||||
6 | domestic violence, domestic violence fatalities and | ||||||
7 | near-fatalities, domestic violence fatality review, data, | ||||||
8 | and related topics or policies. | ||||||
9 | (3) Engage nonmember stakeholders in reviewing | ||||||
10 | selected recommendations from the regional review teams in | ||||||
11 | accordance with notions of fairness, equity, justice, due | ||||||
12 | process, and practicality. | ||||||
13 | (4) Analyze data and identify trends related to | ||||||
14 | domestic violence and domestic violence related fatalities | ||||||
15 | and near-fatalities, and develop mechanisms for | ||||||
16 | collecting, analyzing, and storing data that it collects | ||||||
17 | or that is provided by the regional review teams. | ||||||
18 | (5) Adopt administrative rules in order to implement | ||||||
19 | this Act. | ||||||
20 | (6) Subject to the availability of funding and | ||||||
21 | approval by a vote of the majority of the Statewide | ||||||
22 | Committee members, engage with and enter into contracts | ||||||
23 | with a higher education institution or research entity for | ||||||
24 | research, analysis, training, and educational purposes in | ||||||
25 | furtherance of the purposes of this Act. Statewide | ||||||
26 | Committee members or Statewide Committee staff shall not |
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1 | share information with contractors that would disclose the | ||||||
2 | identities of victims, survivors, deceased, offenders, and | ||||||
3 | their family members or by which their identities can be | ||||||
4 | determined by a reasonably diligent inquiry. | ||||||
5 | (7) Support the implementation of systemic and | ||||||
6 | community reform recommendations in order to advance the | ||||||
7 | purposes of this Act. | ||||||
8 | (8) Adopt notice of funding opportunities, award | ||||||
9 | grants, or enter into contracts with statewide or local | ||||||
10 | organizations that advocate on behalf of survivors. | ||||||
11 | (9) Assign any responsibilities under this Section. | ||||||
12 | (10) Engage in any other activities that enable the | ||||||
13 | Statewide Committee, its staff, and the regional review | ||||||
14 | teams to carry out the purposes of this Act.
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15 | Section 45. Regional domestic violence fatality review | ||||||
16 | teams. A regional domestic violence fatality review team may | ||||||
17 | be established within the boundaries of each judicial circuit. | ||||||
18 | Once a review team is established within the boundaries of the | ||||||
19 | judicial circuit, the team may establish one or more subteams | ||||||
20 | to efficiently and effectively carry out the responsibilities | ||||||
21 | of the regional review team and conduct domestic violence | ||||||
22 | fatality review.
| ||||||
23 | Section 50. Membership of regional domestic violence | ||||||
24 | fatality review teams. Each regional review team shall, at a |
| |||||||
| |||||||
1 | minimum, include the following members from within the | ||||||
2 | boundaries of the judicial circuit: | ||||||
3 | (1) a State's Attorney or Assistant State's Attorney; | ||||||
4 | (2) a public defender or other criminal defense lawyer; | ||||||
5 | (3) a coroner or medical examiner; | ||||||
6 | (4) a Sheriff, Deputy Sheriff, Chief of Police, or other | ||||||
7 | law enforcement officer with experience in domestic violence | ||||||
8 | cases; | ||||||
9 | (5) a social services provider whose significant role is | ||||||
10 | to provide services to survivors of domestic violence; | ||||||
11 | (6) a social services provider who has significant | ||||||
12 | experience working with domestic violence offenders, if | ||||||
13 | available in the region; | ||||||
14 | (7) a civil legal services lawyer or pro bono lawyer | ||||||
15 | connected with a civil legal services program; and | ||||||
16 | (8) at least 2 of the following members: a public health | ||||||
17 | official; a physician licensed by the State who specializes in | ||||||
18 | emergency medicine; an advanced practice registered nurse; a | ||||||
19 | licensed mental health professional such as a psychiatrist, | ||||||
20 | clinical psychologist, licensed clinical professional | ||||||
21 | counselor, or licensed clinical social worker; a circuit judge | ||||||
22 | or associate judge; a clerk of the circuit court or other | ||||||
23 | elected or appointed court official; an administrative law | ||||||
24 | judge; an emergency medical technician, paramedic, or other | ||||||
25 | first responder; a local or regional elected official or State | ||||||
26 | legislator; a representative from the private business sector; |
| |||||||
| |||||||
1 | a member of the clergy or other representative of the faith | ||||||
2 | community; a public housing authority administrator or | ||||||
3 | manager; an alcohol and substance abuse treatment | ||||||
4 | professional; a probation or parole officer; a child welfare | ||||||
5 | administrator, caseworker, or investigator; a public school | ||||||
6 | administrator, teacher, or school support staff person | ||||||
7 | licensed and endorsed by the Illinois State Board of | ||||||
8 | Education; a representative of a State university or community | ||||||
9 | college; a social science researcher or data analyst; a | ||||||
10 | survivor or a family member or friend of a survivor or victim; | ||||||
11 | a supervised child visitation or child exchange staff person; | ||||||
12 | or a member of the public at-large who has the education, | ||||||
13 | training, or experience to carry out the purposes of the | ||||||
14 | regional review team.
| ||||||
15 | Section 55. Terms of regional review team members; | ||||||
16 | vacancies. | ||||||
17 | (a) Terms of the original regional team members shall be | ||||||
18 | staggered as follows: one-half of the initial members of the | ||||||
19 | review team shall serve 2-year terms, and one-half of the | ||||||
20 | initial members shall serve 3-year terms. The initial terms | ||||||
21 | shall be drawn by lot at the first meeting of the review team. | ||||||
22 | Following the initial terms, each member of the review team | ||||||
23 | shall serve 3-year terms. No member shall serve more than 2 | ||||||
24 | consecutive terms. Length of terms of co-chairs, the | ||||||
25 | secretary, and other officers coincide with regional review |
| |||||||
| |||||||
1 | team membership terms. | ||||||
2 | (b) Vacancies shall be filled by individuals who meet the | ||||||
3 | requirements of Section 50 either by an application process or | ||||||
4 | upon the recommendation of a member of the regional review | ||||||
5 | team, and approved by a vote of the majority of the regional | ||||||
6 | review team members. Vacancies occurring during a term shall | ||||||
7 | be filled to complete the current term. Members whose terms | ||||||
8 | have expired may continue to serve until a new member is | ||||||
9 | appointed. Former members are eligible for reappointment after | ||||||
10 | the expiration of at least 12 months following their last date | ||||||
11 | of service.
| ||||||
12 | Section 60. Regional review team quorum; meetings; | ||||||
13 | compensation. | ||||||
14 | (a) All members of the regional review team are voting | ||||||
15 | members. Five members of the regional review team shall | ||||||
16 | constitute a quorum. | ||||||
17 | (b) At the first meeting and at subsequent meetings when | ||||||
18 | terms expire, the regional review team shall elect 2 co-chairs | ||||||
19 | and a secretary and may elect any other officers the voting | ||||||
20 | members deem necessary to carry out the duties and | ||||||
21 | responsibilities of the regional review team. | ||||||
22 | (c) Each regional review team shall meet at least | ||||||
23 | quarterly on a date and at a time and location determined by | ||||||
24 | the co-chairs. Additional meetings may be convened by the | ||||||
25 | co-chairs upon at least 7 days prior written notice to the |
| |||||||
| |||||||
1 | regional review team members, or upon the written request by | ||||||
2 | at least 5 regional review team members to the co-chairs. | ||||||
3 | Meetings may be held by virtual meeting format during a public | ||||||
4 | health emergency or disaster proclamation declared by the | ||||||
5 | Governor, or at the discretion of the co-chairs. | ||||||
6 | (d) Members of regional review teams are not entitled to | ||||||
7 | compensation, but may receive reimbursement for actual | ||||||
8 | expenses incurred in the performance of their duties, subject | ||||||
9 | to the availability of State or local funds for such purposes.
| ||||||
10 | Section 65. Duties and responsibilities of the regional | ||||||
11 | domestic violence fatality review team. | ||||||
12 | (a) Each regional review team shall carry out the | ||||||
13 | following duties and responsibilities: | ||||||
14 | (1) Form a regional review team in accordance with | ||||||
15 | Sections 50 and 55. | ||||||
16 | (2) Report the names, professional titles, if | ||||||
17 | applicable, and business contact information of each | ||||||
18 | review team member to the Statewide Committee and inform | ||||||
19 | the Statewide Committee in a timely manner of any changes | ||||||
20 | to the membership of the regional review team. | ||||||
21 | (3) Create a secure system of maintaining and storing | ||||||
22 | minutes, correspondence, and confidential information | ||||||
23 | related to the regional review team and the domestic | ||||||
24 | violence fatality reviews. | ||||||
25 | (4) Ensure that each member of the regional review |
| |||||||
| |||||||
1 | team participates in trainings and technical assistance | ||||||
2 | provided by the Statewide Committee and other | ||||||
3 | professionals. | ||||||
4 | (5) Meet at least quarterly and maintain minutes of | ||||||
5 | the business conducted by the regional review team at each | ||||||
6 | meeting. | ||||||
7 | (6) Establish priorities for reviewing eligible cases | ||||||
8 | that consider, in part, demographic and case type | ||||||
9 | diversity. | ||||||
10 | (7) Based upon information available from a variety of | ||||||
11 | sources, consider cases eligible for review in accordance | ||||||
12 | with Section 70. | ||||||
13 | (8) Vote by a majority of the regional review team | ||||||
14 | members to review a specific case based upon various | ||||||
15 | factors, including the priorities by the regional review | ||||||
16 | team. | ||||||
17 | (9) Invite and coordinate with the specific people | ||||||
18 | designated in Section 50 who were involved in the selected | ||||||
19 | domestic violence-related fatality or near-fatality to | ||||||
20 | participate in the domestic violence fatality review. | ||||||
21 | Members of the regional review team may also participate | ||||||
22 | directly in the domestic violence fatality review. | ||||||
23 | (10) Execute a confidentiality agreement with each | ||||||
24 | member of the regional review team and participant of a | ||||||
25 | domestic violence fatality review in accordance with | ||||||
26 | Section 75. |
| |||||||
| |||||||
1 | (11) Conduct a domestic violence fatality review of at | ||||||
2 | least 2 eligible cases per calendar year, or, if the | ||||||
3 | regional review team is unable to complete at least 2 | ||||||
4 | reviews in a given year, provide an explanation to the | ||||||
5 | Statewide Committee in the regional review team's annual | ||||||
6 | report pursuant to paragraph (12). | ||||||
7 | (12) Prepare and submit an annual report to the | ||||||
8 | Statewide Committee on the operations and activities of | ||||||
9 | the regional review team in accordance with guidelines | ||||||
10 | established by the Statewide Committee. The initial report | ||||||
11 | shall be due on March 1 following the formation of the | ||||||
12 | regional review team and subsequent reports shall be | ||||||
13 | submitted no later than March 1 of each year thereafter. | ||||||
14 | (13) On odd numbered years, prepare and submit to the | ||||||
15 | Statewide Committee a biennial report based upon the | ||||||
16 | domestic violence fatality reviews of the corresponding | ||||||
17 | time period. 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. These | ||||||
21 | recommendations will be reviewed by the Statewide | ||||||
22 | Committee according to Section 40 and will, in part, | ||||||
23 | inform the Statewide Committee's biennial report on even | ||||||
24 | years. Any information that identifies the victims, | ||||||
25 | survivors, deceased, or offenders, or their family members | ||||||
26 | or any information by which their identities can be |
| |||||||
| |||||||
1 | determined by a reasonably diligent inquiry shall not be | ||||||
2 | disclosed in any domestic violence fatality review | ||||||
3 | biennial report or by any other means. Any narrative of | ||||||
4 | nonidentifying facts will be limited to those essential | ||||||
5 | and indispensable to the explanation of data analysis or a | ||||||
6 | recommendation for reform. Aggregate and nonidentifying | ||||||
7 | data, including demographics, may be included in the | ||||||
8 | biennial report. The first biennial report shall be due no | ||||||
9 | later than April 1, 2023, and each subsequent report shall | ||||||
10 | be due no later than April 1 of each odd year thereafter. | ||||||
11 | (b) Each regional review team may carry out the following | ||||||
12 | duties and responsibilities: | ||||||
13 | (1) Collect and analyze data from its regional area | ||||||
14 | regarding cases eligible for review that were and were not | ||||||
15 | reviewed by the regional review team for purposes of | ||||||
16 | identifying patterns and making recommendations for | ||||||
17 | community and systemic reforms. | ||||||
18 | (2) Subject to the availability of funding and | ||||||
19 | approval by a vote of the majority of the regional review | ||||||
20 | team members, engage with and enter into contracts with a | ||||||
21 | higher education institution or research entity for | ||||||
22 | research, analysis, training, and educational purposes in | ||||||
23 | furtherance of the purposes of this Act. Regional review | ||||||
24 | team members shall not share information with contractors | ||||||
25 | that would disclose the identities of victims, survivors, | ||||||
26 | deceased, offenders, and their family members or by which |
| |||||||
| |||||||
1 | their identities can be determined by a reasonably | ||||||
2 | diligent inquiry. | ||||||
3 | (3) Seek funds to support the operations of the | ||||||
4 | regional review team and the facilitation of domestic | ||||||
5 | violence fatality reviews. | ||||||
6 | (4) Support the implementation of systemic and | ||||||
7 | community reform recommendations in order to advance the | ||||||
8 | purposes of this Act. | ||||||
9 | (5) Engage in any other activities that enable the | ||||||
10 | regional review team to carry out the purposes of this | ||||||
11 | Act.
| ||||||
12 | Section 70. Case eligible for review by regional review | ||||||
13 | team. A case eligible for review shall include a fatality or | ||||||
14 | near-fatality that occurred within the geographic boundaries | ||||||
15 | of the judicial circuit covered by the regional review team | ||||||
16 | and a qualifying relationship. | ||||||
17 | (a) A fatality or near-fatality includes at least one of | ||||||
18 | the following: | ||||||
19 | (1) a homicide, as defined in Article 9 of the | ||||||
20 | Criminal Code of 2012 in which: | ||||||
21 | (A) the offender causes the death of the victim, | ||||||
22 | the deceased, or others; or | ||||||
23 | (B) the survivor causes the death of the offender, | ||||||
24 | the deceased, or others; | ||||||
25 | (2) a suicide or attempt suicide of the offender; |
| |||||||
| |||||||
1 | (3) a suicide of the victim; | ||||||
2 | (4) a suicide attempt of the survivor; | ||||||
3 | (5) a familicide in which the offender causes the | ||||||
4 | death of the victim and other members of the victim's | ||||||
5 | family including, but not limited to, minor or adult | ||||||
6 | children and parents; | ||||||
7 | (6) the near-fatality of a survivor caused by the | ||||||
8 | offender; | ||||||
9 | (7) the near-fatality of an offender caused by the | ||||||
10 | survivor; or | ||||||
11 | (8) any other case involving domestic violence if a | ||||||
12 | majority of the regional review team vote that a review of | ||||||
13 | the case will advance the purposes of this Act. | ||||||
14 | (b) A qualifying relationship between the offender and the | ||||||
15 | victim or survivor shall include instances or a history of | ||||||
16 | domestic violence perpetrated by the offender against the | ||||||
17 | victim or survivor and at least one of the following | ||||||
18 | circumstances: | ||||||
19 | (1) the offender and the victim or survivor: | ||||||
20 | (A) resided together or shared a common dwelling | ||||||
21 | at any time; | ||||||
22 | (B) have or are alleged to have a child in common; | ||||||
23 | or | ||||||
24 | (C) are or were engaged, married, divorced, | ||||||
25 | separated, or had a dating or romantic relationship, | ||||||
26 | regardless of whether they had sexual relations; |
| |||||||
| |||||||
1 | (2) the offender stalked the victim or survivor as | ||||||
2 | described in Section 12-7.3 of the Criminal Code of 2012; | ||||||
3 | (3) the victim or survivor filed for an order of | ||||||
4 | protection against the offender under the Illinois | ||||||
5 | Domestic Violence Act of 1986 or Section 112A-2.5 of the | ||||||
6 | Code of Criminal Procedure of 1963; | ||||||
7 | (4) the victim or survivor filed for a civil no | ||||||
8 | contact order against the offender under the Civil No | ||||||
9 | Contact Order Act or Section 112A-14.5 of the Code of | ||||||
10 | Criminal Procedure of 1963; | ||||||
11 | (5) the victim or survivor filed for a stalking no | ||||||
12 | contact order against the offender under the Stalking No | ||||||
13 | Contact Order Act or Section 112A-2.5 of the Code of | ||||||
14 | Criminal Procedure of 1963; | ||||||
15 | (6) the offender violated an order of protection, | ||||||
16 | civil no contact order, or stalking no contact order | ||||||
17 | obtained by the victim or survivor; | ||||||
18 | (7) the deceased resided in the same household as, was | ||||||
19 | present at the workplace of, was in the proximity of, or | ||||||
20 | was related by blood or affinity to a victim or survivor; | ||||||
21 | (8) the deceased was a law enforcement officer, | ||||||
22 | emergency medical technician, or other responder to a | ||||||
23 | domestic violence incident between the offender and the | ||||||
24 | victim or survivor; or | ||||||
25 | (9) a relationship between the offender and the | ||||||
26 | victim, survivor, or deceased exists that a majority of |
| |||||||
| |||||||
1 | the regional review team votes warrants review of the case | ||||||
2 | to advance the purposes of this Act. | ||||||
3 | (c) A case eligible review does not require criminal | ||||||
4 | charges or a conviction. | ||||||
5 | (d) Any criminal investigation, civil, criminal, or | ||||||
6 | administrative proceeding, and appeals shall be complete for a | ||||||
7 | case to be eligible for review.
| ||||||
8 | Section 75. Confidentiality of regional review teams, | ||||||
9 | information, and domestic violence fatality reviews. | ||||||
10 | (a) Meetings in which regional review teams are engaged in | ||||||
11 | a domestic violence fatality review or in which confidential | ||||||
12 | information is shared or disclosed are closed to the public | ||||||
13 | and not subject to Section 2 of the Open Meetings Act. | ||||||
14 | (b) Unless otherwise available and lawfully obtained | ||||||
15 | through another source pursuant to an applicable law that | ||||||
16 | allows the disclosure and release of the information, | ||||||
17 | confidential information in the possession of a regional | ||||||
18 | review team is not: | ||||||
19 | (1) subject to disclosure by the Board, Statewide | ||||||
20 | Committee, or a regional review team under the Freedom of | ||||||
21 | Information Act, and this exemption does not extend to | ||||||
22 | other public bodies unless otherwise provided by law; | ||||||
23 | (2) subject to subpoena and discovery under Section | ||||||
24 | 2-402 of the Code of Civil Procedure, Article 115 of the | ||||||
25 | Code of Criminal Procedure of 1963, or Illinois Supreme |
| |||||||
| |||||||
1 | Court Rule 412,; and | ||||||
2 | (3) admissible as evidence in any civil or criminal | ||||||
3 | proceeding. | ||||||
4 | (c) Confidential information in the possession of a | ||||||
5 | regional review team shall not be disclosed, released, or | ||||||
6 | shared except as follows: | ||||||
7 | (1) among Statewide Committee members or Statewide | ||||||
8 | Committee staff pursuant to the review of an eligible | ||||||
9 | case; | ||||||
10 | (2) among regional review team members to determine | ||||||
11 | whether a case is eligible for review or whether an | ||||||
12 | eligible case should be reviewed; | ||||||
13 | (3) among regional review team members and | ||||||
14 | participants during a domestic violence fatality review; | ||||||
15 | or | ||||||
16 | (4) a regional review team votes to share confidential | ||||||
17 | information for solely educational or research purposes, | ||||||
18 | consistent with State or federal law, as long as the | ||||||
19 | information disclosed does not include the identities of | ||||||
20 | victims, survivors, deceased, or offenders, or their | ||||||
21 | family members or any information by which their | ||||||
22 | identities can be determined by a reasonably diligent | ||||||
23 | inquiry. | ||||||
24 | (d) All Statewide Committee members, Statewide Committee | ||||||
25 | subcommittee members, Statewide Committee staff, all members | ||||||
26 | of each regional review team, and any other person who |
| |||||||
| |||||||
1 | participates in any manner in a review of an eligible case by a | ||||||
2 | regional review team shall execute a confidentiality agreement | ||||||
3 | based upon a model confidentiality agreement developed by the | ||||||
4 | Statewide Committee or a document substantially similar to the | ||||||
5 | Statewide Committee's model document that acknowledges and | ||||||
6 | agrees to comply with the responsibility not to disclose or | ||||||
7 | release confidential information. All executed confidentiality | ||||||
8 | agreements shall be maintained by the Statewide Committee and | ||||||
9 | by each regional review team respectively. | ||||||
10 | (e) Members and staff of the Board, Statewide Committee, | ||||||
11 | and members of a regional review team or participants of a | ||||||
12 | domestic violence fatality review cannot be subject to | ||||||
13 | examination or compelled to disclose or release confidential | ||||||
14 | information in any administrative, civil or criminal | ||||||
15 | proceeding, except for information that is otherwise available | ||||||
16 | and lawfully obtained through another source pursuant to an | ||||||
17 | applicable law that allows the disclosure and release of the | ||||||
18 | information.
| ||||||
19 | Section 80. Access to records and information. | ||||||
20 | (a) Upon the oral or written request by a regional review | ||||||
21 | team, records and oral or written information relevant to the | ||||||
22 | purposes of domestic violence fatality review and to the | ||||||
23 | responsibilities of the regional review team shall be provided | ||||||
24 | free of charge by the following: State and local governmental | ||||||
25 | agencies and officials; medical and dental providers; domestic |
| |||||||
| |||||||
1 | violence offender and partner abuse intervention service | ||||||
2 | providers; child care providers; and employers. Examples of | ||||||
3 | records and oral or written information that may be requested | ||||||
4 | include, but are not limited to: guardian ad litem reports; | ||||||
5 | parenting evaluations; victim impact statements; mental health | ||||||
6 | evaluations submitted to a court; probation information, | ||||||
7 | presentence interviews, and reports; recommendations made | ||||||
8 | regarding bail and release on own recognizance; child welfare | ||||||
9 | reports and information; Child Advocacy Center reports and | ||||||
10 | information; law enforcement incident reports, dispatch | ||||||
11 | records, statements of victims, witnesses and suspects, | ||||||
12 | supplemental reports, and probable cause statements; 9-1-1 | ||||||
13 | call-taker's reports; correction and post-sentence probation | ||||||
14 | or supervision reports; medical, hospital, and dental | ||||||
15 | treatment records; school records and information; child care | ||||||
16 | records and information; and employer records and information. | ||||||
17 | The records and oral or written information may be provided | ||||||
18 | for purposes of domestic violence fatality review without | ||||||
19 | authorization of the person or persons to whom the records and | ||||||
20 | oral or written information relate. | ||||||
21 | (b) The records and oral or written information described | ||||||
22 | in this Section provided to a regional review team or in a | ||||||
23 | domestic violence fatality review become confidential | ||||||
24 | information as defined in this Act. The Statewide Committee, | ||||||
25 | regional review teams, and any other participant in a domestic | ||||||
26 | violence fatality review shall maintain the confidentiality |
| |||||||
| |||||||
1 | and shall not disclose or release the confidential information | ||||||
2 | received, shared, or obtained. | ||||||
3 | (c) Nothing in this Act shall: | ||||||
4 | (1) limit public access to records or information that | ||||||
5 | are lawfully available; or | ||||||
6 | (2) change the confidentiality and privilege of | ||||||
7 | communications under the Illinois Domestic Violence Act of | ||||||
8 | 1986, Section 8-802.1 of the Code of Civil Procedure, the | ||||||
9 | Mental Health and Developmental Disabilities Code, 42 CFR | ||||||
10 | 2.15, Section 40002(b)(2) of the Violence Against Women | ||||||
11 | Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28 | ||||||
12 | CFR 94.115. | ||||||
13 | (d) The Statewide Committee or a regional review team may | ||||||
14 | request and obtain information and records from outside the | ||||||
15 | State by any available legal means.
| ||||||
16 | Section 85. Storage and destruction of confidential | ||||||
17 | information. | ||||||
18 | (a) Following a domestic violence fatality review, | ||||||
19 | participants who brought or provided confidential information | ||||||
20 | may return to their possession the confidential information, | ||||||
21 | shall not disclose or share the confidential information | ||||||
22 | unless otherwise allowed by State or federal law or not | ||||||
23 | otherwise privileged, and may destroy the confidential | ||||||
24 | information unless otherwise prohibited by State or federal | ||||||
25 | law. Confidential information subject to immediate destruction |
| |||||||
| |||||||
1 | shall be destroyed as provided under the State Records Act or | ||||||
2 | Local Records Act. | ||||||
3 | (b) Following a domestic violence fatality review, if one | ||||||
4 | of the co-chairs of the regional review team is employed by a | ||||||
5 | public or governmental agency, the co-chair of the regional | ||||||
6 | review team will store at the place of employment or virtually | ||||||
7 | on the confidential electronic database or other technology | ||||||
8 | any remaining confidential information and will maintain the | ||||||
9 | confidentiality of the information. If neither of the | ||||||
10 | co-chairs of the regional review team are employed by a public | ||||||
11 | or governmental agency, the co-chairs will designate a member | ||||||
12 | of the regional review team employed by a public or | ||||||
13 | governmental agency to store at the place of the member's | ||||||
14 | employment or virtually on the member's confidential | ||||||
15 | electronic database or other technology any remaining | ||||||
16 | confidential information and will maintain the confidentiality | ||||||
17 | of the information. One year following the submission of the | ||||||
18 | regional review team's biennial report pursuant to Section 65, | ||||||
19 | the co-chair or a designee shall destroy the confidential | ||||||
20 | information.
| ||||||
21 | Section 90. Penalty for unlawful disclosure of | ||||||
22 | confidential information. Anyone who discloses, receives, | ||||||
23 | makes use of, or knowingly permits the use of any confidential | ||||||
24 | information in violation of this Act commits a Class A | ||||||
25 | misdemeanor.
|
| |||||||
| |||||||
1 | Section 95. Immunity. If acting in good faith, without | ||||||
2 | malice, and within the protocols established by the Statewide | ||||||
3 | Committee and the regional review team, members of the | ||||||
4 | Statewide Committee and regional review team, and anyone | ||||||
5 | participating in a domestic violence fatality review shall | ||||||
6 | have immunity from administrative, civil, or criminal | ||||||
7 | liability for an act or omission related to the participation | ||||||
8 | in a domestic violence fatality review, notwithstanding | ||||||
9 | Section 90.
| ||||||
10 | Section 900. The Open Meetings Act is amended by changing | ||||||
11 | Section 2 as follows:
| ||||||
12 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
13 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
14 | Sec. 2. Open meetings.
| ||||||
15 | (a) Openness required. All meetings of public
bodies shall | ||||||
16 | be open to the public unless excepted in subsection (c)
and | ||||||
17 | closed in accordance with Section 2a.
| ||||||
18 | (b) Construction of exceptions. The exceptions contained | ||||||
19 | in subsection
(c) are in derogation of the requirement that | ||||||
20 | public bodies
meet in the open, and therefore, the exceptions | ||||||
21 | are to be strictly
construed, extending only to subjects | ||||||
22 | clearly within their scope.
The exceptions authorize but do | ||||||
23 | not require the holding of
a closed meeting to discuss a |
| |||||||
| |||||||
1 | subject included within an enumerated exception.
| ||||||
2 | (c) Exceptions. A public body may hold closed meetings to | ||||||
3 | consider the
following subjects:
| ||||||
4 | (1) The appointment, employment, compensation, | ||||||
5 | discipline, performance,
or dismissal of specific | ||||||
6 | employees, specific individuals who serve as independent | ||||||
7 | contractors in a park, recreational, or educational | ||||||
8 | setting, or specific volunteers of the public body or | ||||||
9 | legal counsel for
the public body, including hearing
| ||||||
10 | testimony on a complaint lodged against an employee, a | ||||||
11 | specific individual who serves as an independent | ||||||
12 | contractor in a park, recreational, or educational | ||||||
13 | setting, or a volunteer of the public body or
against | ||||||
14 | legal counsel for the public body to determine its | ||||||
15 | validity. However, a meeting to consider an increase in | ||||||
16 | compensation to a specific employee of a public body that | ||||||
17 | is subject to the Local Government Wage Increase | ||||||
18 | Transparency Act may not be closed and shall be open to the | ||||||
19 | public and posted and held in accordance with this Act.
| ||||||
20 | (2) Collective negotiating matters between the public | ||||||
21 | body and its
employees or their representatives, or | ||||||
22 | deliberations concerning salary
schedules for one or more | ||||||
23 | classes of employees.
| ||||||
24 | (3) The selection of a person to fill a public office,
| ||||||
25 | as defined in this Act, including a vacancy in a public | ||||||
26 | office, when the public
body is given power to appoint |
| |||||||
| |||||||
1 | under law or ordinance, or the discipline,
performance or | ||||||
2 | removal of the occupant of a public office, when the | ||||||
3 | public body
is given power to remove the occupant under | ||||||
4 | law or ordinance.
| ||||||
5 | (4) Evidence or testimony presented in open hearing, | ||||||
6 | or in closed
hearing where specifically authorized by law, | ||||||
7 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
8 | provided that the body
prepares and makes available for | ||||||
9 | public inspection a written decision
setting forth its | ||||||
10 | determinative reasoning.
| ||||||
11 | (5) The purchase or lease of real property for the use | ||||||
12 | of
the public body, including meetings held for the | ||||||
13 | purpose of discussing
whether a particular parcel should | ||||||
14 | be acquired.
| ||||||
15 | (6) The setting of a price for sale or lease of | ||||||
16 | property owned
by the public body.
| ||||||
17 | (7) The sale or purchase of securities, investments, | ||||||
18 | or investment
contracts. This exception shall not apply to | ||||||
19 | the investment of assets or income of funds deposited into | ||||||
20 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
21 | (8) Security procedures, school building safety and | ||||||
22 | security, and the use of personnel and
equipment to | ||||||
23 | respond to an actual, a threatened, or a reasonably
| ||||||
24 | potential danger to the safety of employees, students, | ||||||
25 | staff, the public, or
public
property.
| ||||||
26 | (9) Student disciplinary cases.
|
| |||||||
| |||||||
1 | (10) The placement of individual students in special | ||||||
2 | education
programs and other matters relating to | ||||||
3 | individual students.
| ||||||
4 | (11) Litigation, when an action against, affecting or | ||||||
5 | on behalf of the
particular public body has been filed and | ||||||
6 | is pending before a court or
administrative tribunal, or | ||||||
7 | when the public body finds that an action is
probable or | ||||||
8 | imminent, in which case the basis for the finding shall be
| ||||||
9 | recorded and entered into the minutes of the closed | ||||||
10 | meeting.
| ||||||
11 | (12) The establishment of reserves or settlement of | ||||||
12 | claims as provided
in the Local Governmental and | ||||||
13 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
14 | disposition of a claim or potential claim might be
| ||||||
15 | prejudiced, or the review or discussion of claims, loss or | ||||||
16 | risk management
information, records, data, advice or | ||||||
17 | communications from or with respect
to any insurer of the | ||||||
18 | public body or any intergovernmental risk management
| ||||||
19 | association or self insurance pool of which the public | ||||||
20 | body is a member.
| ||||||
21 | (13) Conciliation of complaints of discrimination in | ||||||
22 | the sale or rental
of housing, when closed meetings are | ||||||
23 | authorized by the law or ordinance
prescribing fair | ||||||
24 | housing practices and creating a commission or
| ||||||
25 | administrative agency for their enforcement.
| ||||||
26 | (14) Informant sources, the hiring or assignment of |
| |||||||
| |||||||
1 | undercover personnel
or equipment, or ongoing, prior or | ||||||
2 | future criminal investigations, when
discussed by a public | ||||||
3 | body with criminal investigatory responsibilities.
| ||||||
4 | (15) Professional ethics or performance when | ||||||
5 | considered by an advisory
body appointed to advise a | ||||||
6 | licensing or regulatory agency on matters
germane to the | ||||||
7 | advisory body's field of competence.
| ||||||
8 | (16) Self evaluation, practices and procedures or | ||||||
9 | professional ethics,
when meeting with a representative of | ||||||
10 | a statewide association of which the
public body is a | ||||||
11 | member.
| ||||||
12 | (17) The recruitment, credentialing, discipline or | ||||||
13 | formal peer review
of physicians or other
health care | ||||||
14 | professionals, or for the discussion of matters protected | ||||||
15 | under the federal Patient Safety and Quality Improvement | ||||||
16 | Act of 2005, and the regulations promulgated thereunder, | ||||||
17 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
18 | Health Insurance Portability and Accountability Act of | ||||||
19 | 1996, and the regulations promulgated thereunder, | ||||||
20 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
21 | hospital, or
other institution providing medical care, | ||||||
22 | that is operated by the public body.
| ||||||
23 | (18) Deliberations for decisions of the Prisoner | ||||||
24 | Review Board.
| ||||||
25 | (19) Review or discussion of applications received | ||||||
26 | under the
Experimental Organ Transplantation Procedures |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (20) The classification and discussion of matters | ||||||
3 | classified as
confidential or continued confidential by | ||||||
4 | the State Government Suggestion Award
Board.
| ||||||
5 | (21) Discussion of minutes of meetings lawfully closed | ||||||
6 | under this Act,
whether for purposes of approval by the | ||||||
7 | body of the minutes or semi-annual
review of the minutes | ||||||
8 | as mandated by Section 2.06.
| ||||||
9 | (22) Deliberations for decisions of the State
| ||||||
10 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
11 | (23) The operation by a municipality of a municipal | ||||||
12 | utility or the
operation of a
municipal power agency or | ||||||
13 | municipal natural gas agency when the
discussion involves | ||||||
14 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
15 | of electricity or natural gas or (ii) the results
or | ||||||
16 | conclusions of load forecast studies.
| ||||||
17 | (24) Meetings of a residential health care facility | ||||||
18 | resident sexual
assault and death review
team or
the | ||||||
19 | Executive
Council under the Abuse Prevention Review
Team | ||||||
20 | Act.
| ||||||
21 | (25) Meetings of an independent team of experts under | ||||||
22 | Brian's Law. | ||||||
23 | (26) Meetings of a mortality review team appointed | ||||||
24 | under the Department of Juvenile Justice Mortality Review | ||||||
25 | Team Act. | ||||||
26 | (27) (Blank). |
| |||||||
| |||||||
1 | (28) Correspondence and records (i) that may not be | ||||||
2 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
3 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
4 | the Illinois Public Aid Code. | ||||||
5 | (29) Meetings between internal or external auditors | ||||||
6 | and governmental audit committees, finance committees, and | ||||||
7 | their equivalents, when the discussion involves internal | ||||||
8 | control weaknesses, identification of potential fraud risk | ||||||
9 | areas, known or suspected frauds, and fraud interviews | ||||||
10 | conducted in accordance with generally accepted auditing | ||||||
11 | standards of the United States of America. | ||||||
12 | (30) Those meetings or portions of meetings of a | ||||||
13 | fatality review team or the Illinois Fatality Review Team | ||||||
14 | Advisory Council during which a review of the death of an | ||||||
15 | eligible adult in which abuse or neglect is suspected, | ||||||
16 | alleged, or substantiated is conducted pursuant to Section | ||||||
17 | 15 of the Adult Protective Services Act. | ||||||
18 | (31) Meetings and deliberations for decisions of the | ||||||
19 | Concealed Carry Licensing Review Board under the Firearm | ||||||
20 | Concealed Carry Act. | ||||||
21 | (32) Meetings between the Regional Transportation | ||||||
22 | Authority Board and its Service Boards when the discussion | ||||||
23 | involves review by the Regional Transportation Authority | ||||||
24 | Board of employment contracts under Section 28d of the | ||||||
25 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
26 | 3B.26 of the Regional Transportation Authority Act. |
| |||||||
| |||||||
1 | (33) Those meetings or portions of meetings of the | ||||||
2 | advisory committee and peer review subcommittee created | ||||||
3 | under Section 320 of the Illinois Controlled Substances | ||||||
4 | Act during which specific controlled substance prescriber, | ||||||
5 | dispenser, or patient information is discussed. | ||||||
6 | (34) Meetings of the Tax Increment Financing Reform | ||||||
7 | Task Force under Section 2505-800 of the Department of | ||||||
8 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
9 | (35) Meetings of the group established to discuss | ||||||
10 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
11 | Illinois Public Aid Code. | ||||||
12 | (36) Those deliberations or portions of deliberations | ||||||
13 | for decisions of the Illinois Gaming Board in which there | ||||||
14 | is discussed any of the following: (i) personal, | ||||||
15 | commercial, financial, or other information obtained from | ||||||
16 | any source that is privileged, proprietary, confidential, | ||||||
17 | or a trade secret; or (ii) information specifically | ||||||
18 | exempted from the disclosure by federal or State law. | ||||||
19 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
20 | Violence Fatality Review Committee of the Illinois | ||||||
21 | Criminal
Justice Information Authority Board that occur in | ||||||
22 | closed executive session under subsection (d) of Section | ||||||
23 | 35 of the Domestic Violence Fatality Review Act. | ||||||
24 | (39) Meetings of the regional review teams under | ||||||
25 | subsection (a) of Section 75 of the Domestic Violence | ||||||
26 | Fatality Review Act. |
| |||||||
| |||||||
1 | (d) Definitions. For purposes of this Section:
| ||||||
2 | "Employee" means a person employed by a public body whose | ||||||
3 | relationship
with the public body constitutes an | ||||||
4 | employer-employee relationship under
the usual common law | ||||||
5 | rules, and who is not an independent contractor.
| ||||||
6 | "Public office" means a position created by or under the
| ||||||
7 | Constitution or laws of this State, the occupant of which is | ||||||
8 | charged with
the exercise of some portion of the sovereign | ||||||
9 | power of this State. The term
"public office" shall include | ||||||
10 | members of the public body, but it shall not
include | ||||||
11 | organizational positions filled by members thereof, whether
| ||||||
12 | established by law or by a public body itself, that exist to | ||||||
13 | assist the
body in the conduct of its business.
| ||||||
14 | "Quasi-adjudicative body" means an administrative body | ||||||
15 | charged by law or
ordinance with the responsibility to conduct | ||||||
16 | hearings, receive evidence or
testimony and make | ||||||
17 | determinations based
thereon, but does not include
local | ||||||
18 | electoral boards when such bodies are considering petition | ||||||
19 | challenges.
| ||||||
20 | (e) Final action. No final action may be taken at a closed | ||||||
21 | meeting.
Final action shall be preceded by a public recital of | ||||||
22 | the nature of the
matter being considered and other | ||||||
23 | information that will inform the
public of the business being | ||||||
24 | conducted.
| ||||||
25 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
26 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. |
| |||||||
| |||||||
1 | 8-23-19; revised 9-27-19.)
| ||||||
2 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
3 | Sec. 2. Open meetings.
| ||||||
4 | (a) Openness required. All meetings of public
bodies shall | ||||||
5 | be open to the public unless excepted in subsection (c)
and | ||||||
6 | closed in accordance with Section 2a.
| ||||||
7 | (b) Construction of exceptions. The exceptions contained | ||||||
8 | in subsection
(c) are in derogation of the requirement that | ||||||
9 | public bodies
meet in the open, and therefore, the exceptions | ||||||
10 | are to be strictly
construed, extending only to subjects | ||||||
11 | clearly within their scope.
The exceptions authorize but do | ||||||
12 | not require the holding of
a closed meeting to discuss a | ||||||
13 | subject included within an enumerated exception.
| ||||||
14 | (c) Exceptions. A public body may hold closed meetings to | ||||||
15 | consider the
following subjects:
| ||||||
16 | (1) The appointment, employment, compensation, | ||||||
17 | discipline, performance,
or dismissal of specific | ||||||
18 | employees, specific individuals who serve as independent | ||||||
19 | contractors in a park, recreational, or educational | ||||||
20 | setting, or specific volunteers of the public body or | ||||||
21 | legal counsel for
the public body, including hearing
| ||||||
22 | testimony on a complaint lodged against an employee, a | ||||||
23 | specific individual who serves as an independent | ||||||
24 | contractor in a park, recreational, or educational | ||||||
25 | setting, or a volunteer of the public body or
against |
| |||||||
| |||||||
1 | legal counsel for the public body to determine its | ||||||
2 | validity. However, a meeting to consider an increase in | ||||||
3 | compensation to a specific employee of a public body that | ||||||
4 | is subject to the Local Government Wage Increase | ||||||
5 | Transparency Act may not be closed and shall be open to the | ||||||
6 | public and posted and held in accordance with this Act.
| ||||||
7 | (2) Collective negotiating matters between the public | ||||||
8 | body and its
employees or their representatives, or | ||||||
9 | deliberations concerning salary
schedules for one or more | ||||||
10 | classes of employees.
| ||||||
11 | (3) The selection of a person to fill a public office,
| ||||||
12 | as defined in this Act, including a vacancy in a public | ||||||
13 | office, when the public
body is given power to appoint | ||||||
14 | under law or ordinance, or the discipline,
performance or | ||||||
15 | removal of the occupant of a public office, when the | ||||||
16 | public body
is given power to remove the occupant under | ||||||
17 | law or ordinance.
| ||||||
18 | (4) Evidence or testimony presented in open hearing, | ||||||
19 | or in closed
hearing where specifically authorized by law, | ||||||
20 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
21 | provided that the body
prepares and makes available for | ||||||
22 | public inspection a written decision
setting forth its | ||||||
23 | determinative reasoning.
| ||||||
24 | (5) The purchase or lease of real property for the use | ||||||
25 | of
the public body, including meetings held for the | ||||||
26 | purpose of discussing
whether a particular parcel should |
| |||||||
| |||||||
1 | be acquired.
| ||||||
2 | (6) The setting of a price for sale or lease of | ||||||
3 | property owned
by the public body.
| ||||||
4 | (7) The sale or purchase of securities, investments, | ||||||
5 | or investment
contracts. This exception shall not apply to | ||||||
6 | the investment of assets or income of funds deposited into | ||||||
7 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
8 | (8) Security procedures, school building safety and | ||||||
9 | security, and the use of personnel and
equipment to | ||||||
10 | respond to an actual, a threatened, or a reasonably
| ||||||
11 | potential danger to the safety of employees, students, | ||||||
12 | staff, the public, or
public
property.
| ||||||
13 | (9) Student disciplinary cases.
| ||||||
14 | (10) The placement of individual students in special | ||||||
15 | education
programs and other matters relating to | ||||||
16 | individual students.
| ||||||
17 | (11) Litigation, when an action against, affecting or | ||||||
18 | on behalf of the
particular public body has been filed and | ||||||
19 | is pending before a court or
administrative tribunal, or | ||||||
20 | when the public body finds that an action is
probable or | ||||||
21 | imminent, in which case the basis for the finding shall be
| ||||||
22 | recorded and entered into the minutes of the closed | ||||||
23 | meeting.
| ||||||
24 | (12) The establishment of reserves or settlement of | ||||||
25 | claims as provided
in the Local Governmental and | ||||||
26 | Governmental Employees Tort Immunity Act, if
otherwise the |
| |||||||
| |||||||
1 | disposition of a claim or potential claim might be
| ||||||
2 | prejudiced, or the review or discussion of claims, loss or | ||||||
3 | risk management
information, records, data, advice or | ||||||
4 | communications from or with respect
to any insurer of the | ||||||
5 | public body or any intergovernmental risk management
| ||||||
6 | association or self insurance pool of which the public | ||||||
7 | body is a member.
| ||||||
8 | (13) Conciliation of complaints of discrimination in | ||||||
9 | the sale or rental
of housing, when closed meetings are | ||||||
10 | authorized by the law or ordinance
prescribing fair | ||||||
11 | housing practices and creating a commission or
| ||||||
12 | administrative agency for their enforcement.
| ||||||
13 | (14) Informant sources, the hiring or assignment of | ||||||
14 | undercover personnel
or equipment, or ongoing, prior or | ||||||
15 | future criminal investigations, when
discussed by a public | ||||||
16 | body with criminal investigatory responsibilities.
| ||||||
17 | (15) Professional ethics or performance when | ||||||
18 | considered by an advisory
body appointed to advise a | ||||||
19 | licensing or regulatory agency on matters
germane to the | ||||||
20 | advisory body's field of competence.
| ||||||
21 | (16) Self evaluation, practices and procedures or | ||||||
22 | professional ethics,
when meeting with a representative of | ||||||
23 | a statewide association of which the
public body is a | ||||||
24 | member.
| ||||||
25 | (17) The recruitment, credentialing, discipline or | ||||||
26 | formal peer review
of physicians or other
health care |
| |||||||
| |||||||
1 | professionals, or for the discussion of matters protected | ||||||
2 | under the federal Patient Safety and Quality Improvement | ||||||
3 | Act of 2005, and the regulations promulgated thereunder, | ||||||
4 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
5 | Health Insurance Portability and Accountability Act of | ||||||
6 | 1996, and the regulations promulgated thereunder, | ||||||
7 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
8 | hospital, or
other institution providing medical care, | ||||||
9 | that is operated by the public body.
| ||||||
10 | (18) Deliberations for decisions of the Prisoner | ||||||
11 | Review Board.
| ||||||
12 | (19) Review or discussion of applications received | ||||||
13 | under the
Experimental Organ Transplantation Procedures | ||||||
14 | Act.
| ||||||
15 | (20) The classification and discussion of matters | ||||||
16 | classified as
confidential or continued confidential by | ||||||
17 | the State Government Suggestion Award
Board.
| ||||||
18 | (21) Discussion of minutes of meetings lawfully closed | ||||||
19 | under this Act,
whether for purposes of approval by the | ||||||
20 | body of the minutes or semi-annual
review of the minutes | ||||||
21 | as mandated by Section 2.06.
| ||||||
22 | (22) Deliberations for decisions of the State
| ||||||
23 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
24 | (23) The operation by a municipality of a municipal | ||||||
25 | utility or the
operation of a
municipal power agency or | ||||||
26 | municipal natural gas agency when the
discussion involves |
| |||||||
| |||||||
1 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
2 | of electricity or natural gas or (ii) the results
or | ||||||
3 | conclusions of load forecast studies.
| ||||||
4 | (24) Meetings of a residential health care facility | ||||||
5 | resident sexual
assault and death review
team or
the | ||||||
6 | Executive
Council under the Abuse Prevention Review
Team | ||||||
7 | Act.
| ||||||
8 | (25) Meetings of an independent team of experts under | ||||||
9 | Brian's Law. | ||||||
10 | (26) Meetings of a mortality review team appointed | ||||||
11 | under the Department of Juvenile Justice Mortality Review | ||||||
12 | Team Act. | ||||||
13 | (27) (Blank). | ||||||
14 | (28) Correspondence and records (i) that may not be | ||||||
15 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
16 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
17 | the Illinois Public Aid Code. | ||||||
18 | (29) Meetings between internal or external auditors | ||||||
19 | and governmental audit committees, finance committees, and | ||||||
20 | their equivalents, when the discussion involves internal | ||||||
21 | control weaknesses, identification of potential fraud risk | ||||||
22 | areas, known or suspected frauds, and fraud interviews | ||||||
23 | conducted in accordance with generally accepted auditing | ||||||
24 | standards of the United States of America. | ||||||
25 | (30) Those meetings or portions of meetings of a | ||||||
26 | fatality review team or the Illinois Fatality Review Team |
| |||||||
| |||||||
1 | Advisory Council during which a review of the death of an | ||||||
2 | eligible adult in which abuse or neglect is suspected, | ||||||
3 | alleged, or substantiated is conducted pursuant to Section | ||||||
4 | 15 of the Adult Protective Services Act. | ||||||
5 | (31) Meetings and deliberations for decisions of the | ||||||
6 | Concealed Carry Licensing Review Board under the Firearm | ||||||
7 | Concealed Carry Act. | ||||||
8 | (32) Meetings between the Regional Transportation | ||||||
9 | Authority Board and its Service Boards when the discussion | ||||||
10 | involves review by the Regional Transportation Authority | ||||||
11 | Board of employment contracts under Section 28d of the | ||||||
12 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
13 | 3B.26 of the Regional Transportation Authority Act. | ||||||
14 | (33) Those meetings or portions of meetings of the | ||||||
15 | advisory committee and peer review subcommittee created | ||||||
16 | under Section 320 of the Illinois Controlled Substances | ||||||
17 | Act during which specific controlled substance prescriber, | ||||||
18 | dispenser, or patient information is discussed. | ||||||
19 | (34) Meetings of the Tax Increment Financing Reform | ||||||
20 | Task Force under Section 2505-800 of the Department of | ||||||
21 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
22 | (35) Meetings of the group established to discuss | ||||||
23 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
24 | Illinois Public Aid Code. | ||||||
25 | (36) Those deliberations or portions of deliberations | ||||||
26 | for decisions of the Illinois Gaming Board in which there |
| |||||||
| |||||||
1 | is discussed any of the following: (i) personal, | ||||||
2 | commercial, financial, or other information obtained from | ||||||
3 | any source that is privileged, proprietary, confidential, | ||||||
4 | or a trade secret; or (ii) information specifically | ||||||
5 | exempted from the disclosure by federal or State law. | ||||||
6 | (37) Deliberations for decisions of the Illinois Law
| ||||||
7 | Enforcement Training Standards Board, the Certification | ||||||
8 | Review Panel, and the Illinois State Police Merit Board | ||||||
9 | regarding certification and decertification. | ||||||
10 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
11 | Violence Fatality Review Committee of the Illinois | ||||||
12 | Criminal
Justice Information Authority Board that occur in | ||||||
13 | closed executive session under subsection (d) of Section | ||||||
14 | 35 of the Domestic Violence Fatality Review Act. | ||||||
15 | (39) Meetings of the regional review teams under | ||||||
16 | subsection (a) of Section 75 of the Domestic Violence | ||||||
17 | Fatality Review Act. | ||||||
18 | (d) Definitions. For purposes of this Section:
| ||||||
19 | "Employee" means a person employed by a public body whose | ||||||
20 | relationship
with the public body constitutes an | ||||||
21 | employer-employee relationship under
the usual common law | ||||||
22 | rules, and who is not an independent contractor.
| ||||||
23 | "Public office" means a position created by or under the
| ||||||
24 | Constitution or laws of this State, the occupant of which is | ||||||
25 | charged with
the exercise of some portion of the sovereign | ||||||
26 | power of this State. The term
"public office" shall include |
| |||||||
| |||||||
1 | members of the public body, but it shall not
include | ||||||
2 | organizational positions filled by members thereof, whether
| ||||||
3 | established by law or by a public body itself, that exist to | ||||||
4 | assist the
body in the conduct of its business.
| ||||||
5 | "Quasi-adjudicative body" means an administrative body | ||||||
6 | charged by law or
ordinance with the responsibility to conduct | ||||||
7 | hearings, receive evidence or
testimony and make | ||||||
8 | determinations based
thereon, but does not include
local | ||||||
9 | electoral boards when such bodies are considering petition | ||||||
10 | challenges.
| ||||||
11 | (e) Final action. No final action may be taken at a closed | ||||||
12 | meeting.
Final action shall be preceded by a public recital of | ||||||
13 | the nature of the
matter being considered and other | ||||||
14 | information that will inform the
public of the business being | ||||||
15 | conducted.
| ||||||
16 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
17 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
18 | 8-23-19; 101-652, eff. 1-1-22.)
| ||||||
19 | Section 905. The Freedom of Information Act is amended by | ||||||
20 | changing Section 7.5 as follows:
| ||||||
21 | (5 ILCS 140/7.5)
| ||||||
22 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
23 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
24 | by the statutes referenced below, the following shall be |
| |||||||
| |||||||
1 | exempt from inspection and copying: | ||||||
2 | (a) All information determined to be confidential | ||||||
3 | under Section 4002 of the Technology Advancement and | ||||||
4 | Development Act. | ||||||
5 | (b) Library circulation and order records identifying | ||||||
6 | library users with specific materials under the Library | ||||||
7 | Records Confidentiality Act. | ||||||
8 | (c) Applications, related documents, and medical | ||||||
9 | records received by the Experimental Organ Transplantation | ||||||
10 | Procedures Board and any and all documents or other | ||||||
11 | records prepared by the Experimental Organ Transplantation | ||||||
12 | Procedures Board or its staff relating to applications it | ||||||
13 | has received. | ||||||
14 | (d) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives relating | ||||||
16 | to known or suspected cases of sexually transmissible | ||||||
17 | disease or any information the disclosure of which is | ||||||
18 | restricted under the Illinois Sexually Transmissible | ||||||
19 | Disease Control Act. | ||||||
20 | (e) Information the disclosure of which is exempted | ||||||
21 | under Section 30 of the Radon Industry Licensing Act. | ||||||
22 | (f) Firm performance evaluations under Section 55 of | ||||||
23 | the Architectural, Engineering, and Land Surveying | ||||||
24 | Qualifications Based Selection Act. | ||||||
25 | (g) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 50 of the Illinois Prepaid |
| |||||||
| |||||||
1 | Tuition Act. | ||||||
2 | (h) Information the disclosure of which is exempted | ||||||
3 | under the State Officials and Employees Ethics Act, and | ||||||
4 | records of any lawfully created State or local inspector | ||||||
5 | general's office that would be exempt if created or | ||||||
6 | obtained by an Executive Inspector General's office under | ||||||
7 | that Act. | ||||||
8 | (i) Information contained in a local emergency energy | ||||||
9 | plan submitted to a municipality in accordance with a | ||||||
10 | local emergency energy plan ordinance that is adopted | ||||||
11 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
12 | (j) Information and data concerning the distribution | ||||||
13 | of surcharge moneys collected and remitted by carriers | ||||||
14 | under the Emergency Telephone System Act. | ||||||
15 | (k) Law enforcement officer identification information | ||||||
16 | or driver identification information compiled by a law | ||||||
17 | enforcement agency or the Department of Transportation | ||||||
18 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
19 | (l) Records and information provided to a residential | ||||||
20 | health care facility resident sexual assault and death | ||||||
21 | review team or the Executive Council under the Abuse | ||||||
22 | Prevention Review Team Act. | ||||||
23 | (m) Information provided to the predatory lending | ||||||
24 | database created pursuant to Article 3 of the Residential | ||||||
25 | Real Property Disclosure Act, except to the extent | ||||||
26 | authorized under that Article. |
| |||||||
| |||||||
1 | (n) Defense budgets and petitions for certification of | ||||||
2 | compensation and expenses for court appointed trial | ||||||
3 | counsel as provided under Sections 10 and 15 of the | ||||||
4 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
5 | apply until the conclusion of the trial of the case, even | ||||||
6 | if the prosecution chooses not to pursue the death penalty | ||||||
7 | prior to trial or sentencing. | ||||||
8 | (o) Information that is prohibited from being | ||||||
9 | disclosed under Section 4 of the Illinois Health and | ||||||
10 | Hazardous Substances Registry Act. | ||||||
11 | (p) Security portions of system safety program plans, | ||||||
12 | investigation reports, surveys, schedules, lists, data, or | ||||||
13 | information compiled, collected, or prepared by or for the | ||||||
14 | Regional Transportation Authority under Section 2.11 of | ||||||
15 | the Regional Transportation Authority Act or the St. Clair | ||||||
16 | County Transit District under the Bi-State Transit Safety | ||||||
17 | Act. | ||||||
18 | (q) Information prohibited from being disclosed by the | ||||||
19 | Personnel Record Review Act. | ||||||
20 | (r) Information prohibited from being disclosed by the | ||||||
21 | Illinois School Student Records Act. | ||||||
22 | (s) Information the disclosure of which is restricted | ||||||
23 | under Section 5-108 of the Public Utilities Act.
| ||||||
24 | (t) All identified or deidentified health information | ||||||
25 | in the form of health data or medical records contained | ||||||
26 | in, stored in, submitted to, transferred by, or released |
| |||||||
| |||||||
1 | from the Illinois Health Information Exchange, and | ||||||
2 | identified or deidentified health information in the form | ||||||
3 | of health data and medical records of the Illinois Health | ||||||
4 | Information Exchange in the possession of the Illinois | ||||||
5 | Health Information Exchange Office due to its | ||||||
6 | administration of the Illinois Health Information | ||||||
7 | Exchange. The terms "identified" and "deidentified" shall | ||||||
8 | be given the same meaning as in the Health Insurance | ||||||
9 | Portability and Accountability Act of 1996, Public Law | ||||||
10 | 104-191, or any subsequent amendments thereto, and any | ||||||
11 | regulations promulgated thereunder. | ||||||
12 | (u) Records and information provided to an independent | ||||||
13 | team of experts under the Developmental Disability and | ||||||
14 | Mental Health Safety Act (also known as Brian's Law). | ||||||
15 | (v) Names and information of people who have applied | ||||||
16 | for or received Firearm Owner's Identification Cards under | ||||||
17 | the Firearm Owners Identification Card Act or applied for | ||||||
18 | or received a concealed carry license under the Firearm | ||||||
19 | Concealed Carry Act, unless otherwise authorized by the | ||||||
20 | Firearm Concealed Carry Act; and databases under the | ||||||
21 | Firearm Concealed Carry Act, records of the Concealed | ||||||
22 | Carry Licensing Review Board under the Firearm Concealed | ||||||
23 | Carry Act, and law enforcement agency objections under the | ||||||
24 | Firearm Concealed Carry Act. | ||||||
25 | (w) Personally identifiable information which is | ||||||
26 | exempted from disclosure under subsection (g) of Section |
| |||||||
| |||||||
1 | 19.1 of the Toll Highway Act. | ||||||
2 | (x) Information which is exempted from disclosure | ||||||
3 | under Section 5-1014.3 of the Counties Code or Section | ||||||
4 | 8-11-21 of the Illinois Municipal Code. | ||||||
5 | (y) Confidential information under the Adult | ||||||
6 | Protective Services Act and its predecessor enabling | ||||||
7 | statute, the Elder Abuse and Neglect Act, including | ||||||
8 | information about the identity and administrative finding | ||||||
9 | against any caregiver of a verified and substantiated | ||||||
10 | decision of abuse, neglect, or financial exploitation of | ||||||
11 | an eligible adult maintained in the Registry established | ||||||
12 | under Section 7.5 of the Adult Protective Services Act. | ||||||
13 | (z) Records and information provided to a fatality | ||||||
14 | review team or the Illinois Fatality Review Team Advisory | ||||||
15 | Council under Section 15 of the Adult Protective Services | ||||||
16 | Act. | ||||||
17 | (aa) Information which is exempted from disclosure | ||||||
18 | under Section 2.37 of the Wildlife Code. | ||||||
19 | (bb) Information which is or was prohibited from | ||||||
20 | disclosure by the Juvenile Court Act of 1987. | ||||||
21 | (cc) Recordings made under the Law Enforcement | ||||||
22 | Officer-Worn Body Camera Act, except to the extent | ||||||
23 | authorized under that Act. | ||||||
24 | (dd) Information that is prohibited from being | ||||||
25 | disclosed under Section 45 of the Condominium and Common | ||||||
26 | Interest Community Ombudsperson Act. |
| |||||||
| |||||||
1 | (ee) Information that is exempted from disclosure | ||||||
2 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
3 | (ff) Information that is exempted from disclosure | ||||||
4 | under the Revised Uniform Unclaimed Property Act. | ||||||
5 | (gg) Information that is prohibited from being | ||||||
6 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
7 | Code. | ||||||
8 | (hh) Records that are exempt from disclosure under | ||||||
9 | Section 1A-16.7 of the Election Code. | ||||||
10 | (ii) Information which is exempted from disclosure | ||||||
11 | under Section 2505-800 of the Department of Revenue Law of | ||||||
12 | the Civil Administrative Code of Illinois. | ||||||
13 | (jj) Information and reports that are required to be | ||||||
14 | submitted to the Department of Labor by registering day | ||||||
15 | and temporary labor service agencies but are exempt from | ||||||
16 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
17 | and Temporary Labor Services Act. | ||||||
18 | (kk) Information prohibited from disclosure under the | ||||||
19 | Seizure and Forfeiture Reporting Act. | ||||||
20 | (ll) Information the disclosure of which is restricted | ||||||
21 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
22 | Aid Code. | ||||||
23 | (mm) Records that are exempt from disclosure under | ||||||
24 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
25 | (nn) Information that is exempt from disclosure under | ||||||
26 | Section 70 of the Higher Education Student Assistance Act. |
| |||||||
| |||||||
1 | (oo) Communications, notes, records, and reports | ||||||
2 | arising out of a peer support counseling session | ||||||
3 | prohibited from disclosure under the First Responders | ||||||
4 | Suicide Prevention Act. | ||||||
5 | (pp) Names and all identifying information relating to | ||||||
6 | an employee of an emergency services provider or law | ||||||
7 | enforcement agency under the First Responders Suicide | ||||||
8 | Prevention Act. | ||||||
9 | (qq) Information and records held by the Department of | ||||||
10 | Public Health and its authorized representatives collected | ||||||
11 | under the Reproductive Health Act. | ||||||
12 | (rr) Information that is exempt from disclosure under | ||||||
13 | the Cannabis Regulation and Tax Act. | ||||||
14 | (ss) Data reported by an employer to the Department of | ||||||
15 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
16 | Human Rights Act. | ||||||
17 | (tt) Recordings made under the Children's Advocacy | ||||||
18 | Center Act, except to the extent authorized under that | ||||||
19 | Act. | ||||||
20 | (uu) Information that is exempt from disclosure under | ||||||
21 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
22 | (vv) Information that is exempt from disclosure under | ||||||
23 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
24 | Public Aid Code. | ||||||
25 | (ww) Information that is exempt from disclosure under | ||||||
26 | Section 16.8 of the State Treasurer Act. |
| |||||||
| |||||||
1 | (xx) Information that is exempt from disclosure or | ||||||
2 | information that shall not be made public under the | ||||||
3 | Illinois Insurance Code. | ||||||
4 | (yy) Information prohibited from being disclosed under | ||||||
5 | the Illinois Educational Labor Relations Act. | ||||||
6 | (zz) Information prohibited from being disclosed under | ||||||
7 | the Illinois Public Labor Relations Act. | ||||||
8 | (aaa) Information prohibited from being disclosed | ||||||
9 | under Section 1-167 of the Illinois Pension Code. | ||||||
10 | (bbb) Information that is exempt from disclosure under | ||||||
11 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
12 | (ddd) Information prohibited from being disclosed | ||||||
13 | under subsection (b) of Section 75 of the Domestic | ||||||
14 | Violence Fatality Review Act. | ||||||
15 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
16 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
17 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
18 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
19 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
20 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
21 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
22 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
23 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
24 | eff. 7-7-20; 101-656, eff. 3-23-21.)
| ||||||
25 | (Text of Section after amendment by P.A. 101-652 )
|
| |||||||
| |||||||
1 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
2 | by the statutes referenced below, the following shall be | ||||||
3 | exempt from inspection and copying: | ||||||
4 | (a) All information determined to be confidential | ||||||
5 | under Section 4002 of the Technology Advancement and | ||||||
6 | Development Act. | ||||||
7 | (b) Library circulation and order records identifying | ||||||
8 | library users with specific materials under the Library | ||||||
9 | Records Confidentiality Act. | ||||||
10 | (c) Applications, related documents, and medical | ||||||
11 | records received by the Experimental Organ Transplantation | ||||||
12 | Procedures Board and any and all documents or other | ||||||
13 | records prepared by the Experimental Organ Transplantation | ||||||
14 | Procedures Board or its staff relating to applications it | ||||||
15 | has received. | ||||||
16 | (d) Information and records held by the Department of | ||||||
17 | Public Health and its authorized representatives relating | ||||||
18 | to known or suspected cases of sexually transmissible | ||||||
19 | disease or any information the disclosure of which is | ||||||
20 | restricted under the Illinois Sexually Transmissible | ||||||
21 | Disease Control Act. | ||||||
22 | (e) Information the disclosure of which is exempted | ||||||
23 | under Section 30 of the Radon Industry Licensing Act. | ||||||
24 | (f) Firm performance evaluations under Section 55 of | ||||||
25 | the Architectural, Engineering, and Land Surveying | ||||||
26 | Qualifications Based Selection Act. |
| |||||||
| |||||||
1 | (g) Information the disclosure of which is restricted | ||||||
2 | and exempted under Section 50 of the Illinois Prepaid | ||||||
3 | Tuition Act. | ||||||
4 | (h) Information the disclosure of which is exempted | ||||||
5 | under the State Officials and Employees Ethics Act, and | ||||||
6 | records of any lawfully created State or local inspector | ||||||
7 | general's office that would be exempt if created or | ||||||
8 | obtained by an Executive Inspector General's office under | ||||||
9 | that Act. | ||||||
10 | (i) Information contained in a local emergency energy | ||||||
11 | plan submitted to a municipality in accordance with a | ||||||
12 | local emergency energy plan ordinance that is adopted | ||||||
13 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
14 | (j) Information and data concerning the distribution | ||||||
15 | of surcharge moneys collected and remitted by carriers | ||||||
16 | under the Emergency Telephone System Act. | ||||||
17 | (k) Law enforcement officer identification information | ||||||
18 | or driver identification information compiled by a law | ||||||
19 | enforcement agency or the Department of Transportation | ||||||
20 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
21 | (l) Records and information provided to a residential | ||||||
22 | health care facility resident sexual assault and death | ||||||
23 | review team or the Executive Council under the Abuse | ||||||
24 | Prevention Review Team Act. | ||||||
25 | (m) Information provided to the predatory lending | ||||||
26 | database created pursuant to Article 3 of the Residential |
| |||||||
| |||||||
1 | Real Property Disclosure Act, except to the extent | ||||||
2 | authorized under that Article. | ||||||
3 | (n) Defense budgets and petitions for certification of | ||||||
4 | compensation and expenses for court appointed trial | ||||||
5 | counsel as provided under Sections 10 and 15 of the | ||||||
6 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
7 | apply until the conclusion of the trial of the case, even | ||||||
8 | if the prosecution chooses not to pursue the death penalty | ||||||
9 | prior to trial or sentencing. | ||||||
10 | (o) Information that is prohibited from being | ||||||
11 | disclosed under Section 4 of the Illinois Health and | ||||||
12 | Hazardous Substances Registry Act. | ||||||
13 | (p) Security portions of system safety program plans, | ||||||
14 | investigation reports, surveys, schedules, lists, data, or | ||||||
15 | information compiled, collected, or prepared by or for the | ||||||
16 | Regional Transportation Authority under Section 2.11 of | ||||||
17 | the Regional Transportation Authority Act or the St. Clair | ||||||
18 | County Transit District under the Bi-State Transit Safety | ||||||
19 | Act. | ||||||
20 | (q) Information prohibited from being disclosed by the | ||||||
21 | Personnel Record Review Act. | ||||||
22 | (r) Information prohibited from being disclosed by the | ||||||
23 | Illinois School Student Records Act. | ||||||
24 | (s) Information the disclosure of which is restricted | ||||||
25 | under Section 5-108 of the Public Utilities Act.
| ||||||
26 | (t) All identified or deidentified health information |
| |||||||
| |||||||
1 | in the form of health data or medical records contained | ||||||
2 | in, stored in, submitted to, transferred by, or released | ||||||
3 | from the Illinois Health Information Exchange, and | ||||||
4 | identified or deidentified health information in the form | ||||||
5 | of health data and medical records of the Illinois Health | ||||||
6 | Information Exchange in the possession of the Illinois | ||||||
7 | Health Information Exchange Office due to its | ||||||
8 | administration of the Illinois Health Information | ||||||
9 | Exchange. The terms "identified" and "deidentified" shall | ||||||
10 | be given the same meaning as in the Health Insurance | ||||||
11 | Portability and Accountability Act of 1996, Public Law | ||||||
12 | 104-191, or any subsequent amendments thereto, and any | ||||||
13 | regulations promulgated thereunder. | ||||||
14 | (u) Records and information provided to an independent | ||||||
15 | team of experts under the Developmental Disability and | ||||||
16 | Mental Health Safety Act (also known as Brian's Law). | ||||||
17 | (v) Names and information of people who have applied | ||||||
18 | for or received Firearm Owner's Identification Cards under | ||||||
19 | the Firearm Owners Identification Card Act or applied for | ||||||
20 | or received a concealed carry license under the Firearm | ||||||
21 | Concealed Carry Act, unless otherwise authorized by the | ||||||
22 | Firearm Concealed Carry Act; and databases under the | ||||||
23 | Firearm Concealed Carry Act, records of the Concealed | ||||||
24 | Carry Licensing Review Board under the Firearm Concealed | ||||||
25 | Carry Act, and law enforcement agency objections under the | ||||||
26 | Firearm Concealed Carry Act. |
| |||||||
| |||||||
1 | (w) Personally identifiable information which is | ||||||
2 | exempted from disclosure under subsection (g) of Section | ||||||
3 | 19.1 of the Toll Highway Act. | ||||||
4 | (x) Information which is exempted from disclosure | ||||||
5 | under Section 5-1014.3 of the Counties Code or Section | ||||||
6 | 8-11-21 of the Illinois Municipal Code. | ||||||
7 | (y) Confidential information under the Adult | ||||||
8 | Protective Services Act and its predecessor enabling | ||||||
9 | statute, the Elder Abuse and Neglect Act, including | ||||||
10 | information about the identity and administrative finding | ||||||
11 | against any caregiver of a verified and substantiated | ||||||
12 | decision of abuse, neglect, or financial exploitation of | ||||||
13 | an eligible adult maintained in the Registry established | ||||||
14 | under Section 7.5 of the Adult Protective Services Act. | ||||||
15 | (z) Records and information provided to a fatality | ||||||
16 | review team or the Illinois Fatality Review Team Advisory | ||||||
17 | Council under Section 15 of the Adult Protective Services | ||||||
18 | Act. | ||||||
19 | (aa) Information which is exempted from disclosure | ||||||
20 | under Section 2.37 of the Wildlife Code. | ||||||
21 | (bb) Information which is or was prohibited from | ||||||
22 | disclosure by the Juvenile Court Act of 1987. | ||||||
23 | (cc) Recordings made under the Law Enforcement | ||||||
24 | Officer-Worn Body Camera Act, except to the extent | ||||||
25 | authorized under that Act. | ||||||
26 | (dd) Information that is prohibited from being |
| |||||||
| |||||||
1 | disclosed under Section 45 of the Condominium and Common | ||||||
2 | Interest Community Ombudsperson Act. | ||||||
3 | (ee) Information that is exempted from disclosure | ||||||
4 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
5 | (ff) Information that is exempted from disclosure | ||||||
6 | under the Revised Uniform Unclaimed Property Act. | ||||||
7 | (gg) Information that is prohibited from being | ||||||
8 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
9 | Code. | ||||||
10 | (hh) Records that are exempt from disclosure under | ||||||
11 | Section 1A-16.7 of the Election Code. | ||||||
12 | (ii) Information which is exempted from disclosure | ||||||
13 | under Section 2505-800 of the Department of Revenue Law of | ||||||
14 | the Civil Administrative Code of Illinois. | ||||||
15 | (jj) Information and reports that are required to be | ||||||
16 | submitted to the Department of Labor by registering day | ||||||
17 | and temporary labor service agencies but are exempt from | ||||||
18 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
19 | and Temporary Labor Services Act. | ||||||
20 | (kk) Information prohibited from disclosure under the | ||||||
21 | Seizure and Forfeiture Reporting Act. | ||||||
22 | (ll) Information the disclosure of which is restricted | ||||||
23 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
24 | Aid Code. | ||||||
25 | (mm) Records that are exempt from disclosure under | ||||||
26 | Section 4.2 of the Crime Victims Compensation Act. |
| |||||||
| |||||||
1 | (nn) Information that is exempt from disclosure under | ||||||
2 | Section 70 of the Higher Education Student Assistance Act. | ||||||
3 | (oo) Communications, notes, records, and reports | ||||||
4 | arising out of a peer support counseling session | ||||||
5 | prohibited from disclosure under the First Responders | ||||||
6 | Suicide Prevention Act. | ||||||
7 | (pp) Names and all identifying information relating to | ||||||
8 | an employee of an emergency services provider or law | ||||||
9 | enforcement agency under the First Responders Suicide | ||||||
10 | Prevention Act. | ||||||
11 | (qq) Information and records held by the Department of | ||||||
12 | Public Health and its authorized representatives collected | ||||||
13 | under the Reproductive Health Act. | ||||||
14 | (rr) Information that is exempt from disclosure under | ||||||
15 | the Cannabis Regulation and Tax Act. | ||||||
16 | (ss) Data reported by an employer to the Department of | ||||||
17 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
18 | Human Rights Act. | ||||||
19 | (tt) Recordings made under the Children's Advocacy | ||||||
20 | Center Act, except to the extent authorized under that | ||||||
21 | Act. | ||||||
22 | (uu) Information that is exempt from disclosure under | ||||||
23 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
24 | (vv) Information that is exempt from disclosure under | ||||||
25 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
26 | Public Aid Code. |
| |||||||
| |||||||
1 | (ww) Information that is exempt from disclosure under | ||||||
2 | Section 16.8 of the State Treasurer Act. | ||||||
3 | (xx) Information that is exempt from disclosure or | ||||||
4 | information that shall not be made public under the | ||||||
5 | Illinois Insurance Code. | ||||||
6 | (yy) Information prohibited from being disclosed under | ||||||
7 | the Illinois Educational Labor Relations Act. | ||||||
8 | (zz) Information prohibited from being disclosed under | ||||||
9 | the Illinois Public Labor Relations Act. | ||||||
10 | (aaa) Information prohibited from being disclosed | ||||||
11 | under Section 1-167 of the Illinois Pension Code. | ||||||
12 | (bbb) Information that is exempt from disclosure under | ||||||
13 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
14 | (ccc) (bbb) Information that is prohibited from | ||||||
15 | disclosure by the Illinois Police Training Act and the | ||||||
16 | State Police Act. | ||||||
17 | (ddd) Information prohibited from being disclosed | ||||||
18 | under subsection (b) of Section 75 of the Domestic | ||||||
19 | Violence Fatality Review Act. | ||||||
20 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
21 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
22 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
23 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
24 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
25 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
26 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
| |||||||
| |||||||
1 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
2 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
3 | eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; | ||||||
4 | revised 4-21-21.)
| ||||||
5 | Section 995. No acceleration or delay. Where this Act | ||||||
6 | makes changes in a statute that is represented in this Act by | ||||||
7 | text that is not yet or no longer in effect (for example, a | ||||||
8 | Section represented by multiple versions), the use of that | ||||||
9 | text does not accelerate or delay the taking effect of (i) the | ||||||
10 | changes made by this Act or (ii) provisions derived from any | ||||||
11 | other Public Act.
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12 | Section 999. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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