Rep. Maurice A. West, II
Filed: 5/24/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 685




2 AMENDMENT NO. ______. Amend Senate Bill 685, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 1. Short title. This Act may be cited as the 
6Domestic Violence Fatality Review Act.

7 Section 5. Definitions. As used in this Act: 
8 "Board" means the Illinois Criminal Justice Information 
9Authority Board.
10 "Case eligible for review" means the case based upon a 
11qualifying relationship that the regional review teams can 
12review 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 
26actions of the offender, other than the victim, survivor, or 
 
 
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1offender.
2 "Domestic violence" means abuse as it is defined in 
3Section 103 of the Illinois Domestic Violence Act of 1986 and 
4paragraph (1) of subsection (b) of Section 112A-3 of the Code 
5of Criminal Procedure of 1963.
6 "Domestic violence fatality review" means the deliberative 
7process of multiagency and multidisciplinary teams that select 
8eligible cases of domestic violence related fatalities and 
9near-fatalities, and trace prior systemic interventions and 
10involvement 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 
21or 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 
24means of suicide or homicide, or an injury that could have 
25resulted in death.
26 "Offender" means the person who inflicted domestic 
 
 
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1violence upon the victim and caused the victim's death, or the 
2person who inflicted domestic violence upon a survivor. 
3"Offender" includes a person who is deceased or alive, and is 
4not required to have been the subject of a criminal 
5investigation or prosecution.
6 "Regional domestic violence fatality review team" or 
7"regional review team" means a multiagency and 
8multidisciplinary team that selects and reviews eligible cases 
9in accordance with Section 45.
10 "Statewide Committee" means the Ad Hoc Statewide Domestic 
11Violence Fatality Review Committee of the Illinois Criminal 
12Justice Information Authority Board.
13 "Survivor" means a person who experienced domestic 
14violence and is alive.
15 "Victim" means the person who experienced domestic 
16violence and is deceased, including by means of homicide or 
17suicide.

18 Section 10. Findings. The General Assembly finds and 
19declares the following:
20 (a) Over 10,000,000 people in the United States experience 
21physical domestic violence by a current or former partner each 
22year.
23 (b) According to the Centers for Disease Control and 
24Prevention of the United States Department of Health and Human 
25Services, domestic violence accounts for 15% of all violent 
 
 
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1crime in the United States, and in this State, 42% of women and 
226% of men have been harmed by an intimate partner in their 
3lifetime.
4 (c) According to the U.S. Department of Justice, 
5nationwide approximately 1 in 4 women and nearly 1 in 7 men 
6experience severe physical violence resulting from domestic 
7violence by an intimate partner at some point in their 
8lifetime. 
9 (d) The Illinois Criminal Justice Information Authority 
10found that while the actual number of domestic violence 
11incidents are underreported, in this State over 100,000 
12domestic violence offenses were reported to law enforcement 
13each year between 2005 and 2017. Between 400,000 and nearly 
14600,000 orders of protection were filed each year between 2005 
15and 2017. 
16 (e) From 2001 to 2018, State domestic violence agencies 
17served nearly 800,000 adults and children, at an average of 
1857,684 clients per year, according to the Illinois Criminal 
19Justice Information Authority.
20 (f) Domestic violence related homicides account for nearly 
211 in 5 murders in the United States. According to the National 
22Coalition Against Domestic Violence, female homicide victims 
23are substantially more likely than male homicide victims to 
24have been killed by an intimate partner. One in 3 female murder 
25victims are killed by intimate partners. About 4% of male 
26homicide victims were killed by an intimate partner. 
 
 
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1Nationwide, 72% of all homicide-suicides involved an intimate 
2partner of which 94% of the murdered victims are women. 
3 (g) The Illinois Criminal Justice Information Authority 
4found that 15% of all homicides in this State are connected to 
5domestic violence, such that at least 130 domestic violence 
6related homicides occurred in this State during 2019. The 
7Illinois Coalition Against Domestic Violence found that 
8domestic violence fatalities occurred across at least 26 
9counties and included at least 7 children between July 2019 
10and June 2020.
11 (h) The Illinois Criminal Justice Information Authority 
12found that the estimated financial impact of domestic violence 
13homicides reported in this State during 2019 would total 
14nearly $1.2 billion. 
15 (i) Nearly all familicides involve a history of domestic 
16violence.
17 (j) Effective responses to domestic violence and domestic 
18violence related fatalities involve governmental, social 
19services, and other systems in the community. A coordinated 
20and consistent approach among community and system points of 
21intervention are important to fostering the safety, stability, 
22well-being and healing of survivors, and facilitating 
23meaningful engagement with and sustainable accountability for 
24offenders. 
25 (k) Domestic violence transcends boundaries of race, 
26religion, ethnicity, sexual orientation, gender identity, 
 
 
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1disability, culture, socioeconomic status, and geography.
2 (l) Domestic violence related fatalities and 
3near-fatalities are experienced and responded to differently 
4in historically marginalized communities. The communities and 
5systems that victims, survivors, and offenders engage with in 
6historically marginalized communities are typically those with 
7power imbalances often rooted in systemic racism and 
8oppression. Women of color, in particular, face additional 
9barriers and gaps in accessing systemic and community 
10responses aimed at reducing domestic violence related 
11fatalities and near-fatalities. 
12 (m) Over 200 domestic violence fatality review teams exist 
13across the United States. Those teams are engaged in systems 
14reform in order to improve the response to domestic violence 
15and reduce and prevent domestic violence related fatalities 
16and near-fatalities. 
17 (n) Domestic violence related fatalities and 
18near-fatalities can be prevented, and the use of regional 
19domestic violence fatality review teams under the leadership, 
20guidance, and technical assistance of the Statewide Committee 
21in support of the regional teams is an effort toward such 
22prevention. 

23 Section 15. Purposes. The purposes of this Act are:
24 (1) To create the Ad Hoc Statewide Domestic Violence 
25Fatality Review Committee of the Illinois Criminal Justice 
 
 
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1Information Authority Board to support domestic violence 
2fatality review in this State.
3 (2) To establish regional domestic violence fatality 
4review teams that engage in domestic violence fatality review 
5in 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 
2Review Committee of the Illinois Criminal Justice Information 
3Authority Board. The Ad Hoc Statewide Domestic Violence 
4Fatality Review Committee of the Illinois Criminal Justice 
5Information Authority Board is hereby created to provide 
6guidance, leadership, technical assistance, research, and 
7other supports to the regional domestic violence fatality 
8review teams in carrying out their responsibilities under this 
9Act, and to serve as a statewide resource for addressing 
10domestic violence related fatalities and near-fatalities as 
11well as other forms of abuse connected to domestic violence.

12 Section 25. Membership of the Statewide Committee.
13 (a) The Statewide Committee shall consist of the following 
14voting members and nonvoting ex officio members. The voting 
15membership shall have racial, ethnic, gender, and geographic 
16diversity 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 
10ex officio members of the Statewide Committee: the Lieutenant 
11Governor; the Secretary of Human Services; the Director of 
12Public Health; the Attorney General; the Director of the 
13Illinois State Police; the Director of Children and Family 
14Services; the Director of the Illinois Criminal Justice 
15Information Authority; the Director of the Office of the 
16State's Attorney Appellate Prosecutor; the Director of the 
17Office of the State Appellate Defender; and the Director of 
18the Administrative Office of the Illinois Courts.

19 Section 30. Statewide Committee terms of members; 
20vacancies. 
21 (a) Terms of the original voting members shall be 
22staggered as follows: one-half shall be designated for 2-year 
23terms and one-half shall be designated for 3-year terms. The 
24length of the initial terms of each original voting member 
25shall be drawn by lot at the first meeting held by the 
 
 
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1Statewide Committee and shall be recorded as part of the 
2minutes of the meeting. After the initial term, each term 
3shall be for 3 years. Length of terms of co-chairs, the 
4secretary, and other officers coincide with Statewide 
5Committee members' terms.
6 (b) The Board Chairperson shall designate members to fill 
7vacancies in accordance with Section 25. A member whose term 
8has expired may serve until a successor is appointed and 
9accepts the appointment.

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

18 Section 40. Duties and responsibilities of the Statewide 
19Committee. 
20 (a) The Statewide Committee shall carry out the following 
21duties 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 
19duties 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.

15 Section 45. Regional domestic violence fatality review 
16teams. A regional domestic violence fatality review team may 
17be established within the boundaries of each judicial circuit. 
18Once a review team is established within the boundaries of the 
19judicial circuit, the team may establish one or more subteams 
20to efficiently and effectively carry out the responsibilities 
21of the regional review team and conduct domestic violence 
22fatality review.

23 Section 50. Membership of regional domestic violence 
24fatality review teams. Each regional review team shall, at a 
 
 
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1minimum, include the following members from within the 
2boundaries 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 
7law enforcement officer with experience in domestic violence 
8cases;
9 (5) a social services provider whose significant role is 
10to provide services to survivors of domestic violence;
11 (6) a social services provider who has significant 
12experience working with domestic violence offenders, if 
13available in the region;
14 (7) a civil legal services lawyer or pro bono lawyer 
15connected with a civil legal services program; and
16 (8) at least 2 of the following members: a public health 
17official; a physician licensed by the State who specializes in 
18emergency medicine; an advanced practice registered nurse; a 
19licensed mental health professional such as a psychiatrist, 
20clinical psychologist, licensed clinical professional 
21counselor, or licensed clinical social worker; a circuit judge 
22or associate judge; a clerk of the circuit court or other 
23elected or appointed court official; an administrative law 
24judge; an emergency medical technician, paramedic, or other 
25first responder; a local or regional elected official or State 
26legislator; a representative from the private business sector; 
 
 
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1a member of the clergy or other representative of the faith 
2community; a public housing authority administrator or 
3manager; an alcohol and substance abuse treatment 
4professional; a probation or parole officer; a child welfare 
5administrator, caseworker, or investigator; a public school 
6administrator, teacher, or school support staff person 
7licensed and endorsed by the Illinois State Board of 
8Education; a representative of a State university or community 
9college; a social science researcher or data analyst; a 
10survivor or a family member or friend of a survivor or victim; 
11a supervised child visitation or child exchange staff person; 
12or a member of the public at-large who has the education, 
13training, or experience to carry out the purposes of the 
14regional review team.

15 Section 55. Terms of regional review team members; 
16vacancies. 
17 (a) Terms of the original regional team members shall be 
18staggered as follows: one-half of the initial members of the 
19review team shall serve 2-year terms, and one-half of the 
20initial members shall serve 3-year terms. The initial terms 
21shall be drawn by lot at the first meeting of the review team. 
22Following the initial terms, each member of the review team 
23shall serve 3-year terms. No member shall serve more than 2 
24consecutive terms. Length of terms of co-chairs, the 
25secretary, and other officers coincide with regional review 
 
 
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1team membership terms. 
2 (b) Vacancies shall be filled by individuals who meet the 
3requirements of Section 50 either by an application process or 
4upon the recommendation of a member of the regional review 
5team, and approved by a vote of the majority of the regional 
6review team members. Vacancies occurring during a term shall 
7be filled to complete the current term. Members whose terms 
8have expired may continue to serve until a new member is 
9appointed. Former members are eligible for reappointment after 
10the expiration of at least 12 months following their last date 
11of service. 

12 Section 60. Regional review team quorum; meetings; 
13compensation. 
14 (a) All members of the regional review team are voting 
15members. Five members of the regional review team shall 
16constitute a quorum. 
17 (b) At the first meeting and at subsequent meetings when 
18terms expire, the regional review team shall elect 2 co-chairs 
19and a secretary and may elect any other officers the voting 
20members deem necessary to carry out the duties and 
21responsibilities of the regional review team. 
22 (c) Each regional review team shall meet at least 
23quarterly on a date and at a time and location determined by 
24the co-chairs. Additional meetings may be convened by the 
25co-chairs upon at least 7 days prior written notice to the 
 
 
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1regional review team members, or upon the written request by 
2at least 5 regional review team members to the co-chairs. 
3Meetings may be held by virtual meeting format during a public 
4health emergency or disaster proclamation declared by the 
5Governor, or at the discretion of the co-chairs. 
6 (d) Members of regional review teams are not entitled to 
7compensation, but may receive reimbursement for actual 
8expenses incurred in the performance of their duties, subject 
9to the availability of State or local funds for such purposes. 

10 Section 65. Duties and responsibilities of the regional 
11domestic violence fatality review team. 
12 (a) Each regional review team shall carry out the 
13following 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 
 
 
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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. 
 
 
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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 
 
 
10200SB0685ham002- 25 -LRB102 12042 LNS 26899 a


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 
12duties 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 
 
 
10200SB0685ham002- 26 -LRB102 12042 LNS 26899 a


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 
13team. A case eligible for review shall include a fatality or 
14near-fatality that occurred within the geographic boundaries 
15of the judicial circuit covered by the regional review team 
16and a qualifying relationship.
17 (a) A fatality or near-fatality includes at least one of 
18the 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; 
 
 
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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 
15victim or survivor shall include instances or a history of 
16domestic violence perpetrated by the offender against the 
17victim or survivor and at least one of the following 
18circumstances:
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; 
 
 
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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 
 
 
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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 
4charges or a conviction.
5 (d) Any criminal investigation, civil, criminal, or 
6administrative proceeding, and appeals shall be complete for a 
7case to be eligible for review.

8 Section 75. Confidentiality of regional review teams, 
9information, and domestic violence fatality reviews. 
10 (a) Meetings in which regional review teams are engaged in 
11a domestic violence fatality review or in which confidential 
12information is shared or disclosed are closed to the public 
13and not subject to Section 2 of the Open Meetings Act.
14 (b) Unless otherwise available and lawfully obtained 
15through another source pursuant to an applicable law that 
16allows the disclosure and release of the information, 
17confidential information in the possession of a regional 
18review 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 
 
 
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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 
5regional review team shall not be disclosed, released, or 
6shared 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 
25subcommittee members, Statewide Committee staff, all members 
26of each regional review team, and any other person who 
 
 
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1participates in any manner in a review of an eligible case by a 
2regional review team shall execute a confidentiality agreement 
3based upon a model confidentiality agreement developed by the 
4Statewide Committee or a document substantially similar to the 
5Statewide Committee's model document that acknowledges and 
6agrees to comply with the responsibility not to disclose or 
7release confidential information. All executed confidentiality 
8agreements shall be maintained by the Statewide Committee and 
9by each regional review team respectively. 
10 (e) Members and staff of the Board, Statewide Committee, 
11and members of a regional review team or participants of a 
12domestic violence fatality review cannot be subject to 
13examination or compelled to disclose or release confidential 
14information in any administrative, civil or criminal 
15proceeding, except for information that is otherwise available 
16and lawfully obtained through another source pursuant to an 
17applicable law that allows the disclosure and release of the 
18information.

19 Section 80. Access to records and information. 
20 (a) Upon the oral or written request by a regional review 
21team, records and oral or written information relevant to the 
22purposes of domestic violence fatality review and to the 
23responsibilities of the regional review team shall be provided 
24free of charge by the following: State and local governmental 
25agencies and officials; medical and dental providers; domestic 
 
 
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1violence offender and partner abuse intervention service 
2providers; child care providers; and employers. Examples of 
3records and oral or written information that may be requested 
4include, but are not limited to: guardian ad litem reports; 
5parenting evaluations; victim impact statements; mental health 
6evaluations submitted to a court; probation information, 
7presentence interviews, and reports; recommendations made 
8regarding bail and release on own recognizance; child welfare 
9reports and information; Child Advocacy Center reports and 
10information; law enforcement incident reports, dispatch 
11records, statements of victims, witnesses and suspects, 
12supplemental reports, and probable cause statements; 9-1-1 
13call-taker's reports; correction and post-sentence probation 
14or supervision reports; medical, hospital, and dental 
15treatment records; school records and information; child care 
16records and information; and employer records and information. 
17The records and oral or written information may be provided 
18for purposes of domestic violence fatality review without 
19authorization of the person or persons to whom the records and 
20oral or written information relate.
21 (b) The records and oral or written information described 
22in this Section provided to a regional review team or in a 
23domestic violence fatality review become confidential 
24information as defined in this Act. The Statewide Committee, 
25regional review teams, and any other participant in a domestic 
26violence fatality review shall maintain the confidentiality 
 
 
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1and shall not disclose or release the confidential information 
2received, 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 
14request and obtain information and records from outside the 
15State by any available legal means. 

16 Section 85. Storage and destruction of confidential 
17information. 
18 (a) Following a domestic violence fatality review, 
19participants who brought or provided confidential information 
20may return to their possession the confidential information, 
21shall not disclose or share the confidential information 
22unless otherwise allowed by State or federal law or not 
23otherwise privileged, and may destroy the confidential 
24information unless otherwise prohibited by State or federal 
25law. Confidential information subject to immediate destruction 
 
 
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1shall be destroyed as provided under the State Records Act or 
2Local Records Act.
3 (b) Following a domestic violence fatality review, if one 
4of the co-chairs of the regional review team is employed by a 
5public or governmental agency, the co-chair of the regional 
6review team will store at the place of employment or virtually 
7on the confidential electronic database or other technology 
8any remaining confidential information and will maintain the 
9confidentiality of the information. If neither of the 
10co-chairs of the regional review team are employed by a public 
11or governmental agency, the co-chairs will designate a member 
12of the regional review team employed by a public or 
13governmental agency to store at the place of the member's 
14employment or virtually on the member's confidential 
15electronic database or other technology any remaining 
16confidential information and will maintain the confidentiality 
17of the information. One year following the submission of the 
18regional review team's biennial report pursuant to Section 65, 
19the co-chair or a designee shall destroy the confidential 
20information. 

21 Section 90. Penalty for unlawful disclosure of 
22confidential information. Anyone who discloses, receives, 
23makes use of, or knowingly permits the use of any confidential 
24information in violation of this Act commits a Class A 
25misdemeanor.

 
 
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1 Section 95. Immunity. If acting in good faith, without 
2malice, and within the protocols established by the Statewide 
3Committee and the regional review team, members of the 
4Statewide Committee and regional review team, and anyone 
5participating in a domestic violence fatality review shall 
6have immunity from administrative, civil, or criminal 
7liability for an act or omission related to the participation 
8in a domestic violence fatality review, notwithstanding 
9Section 90.

10 Section 900. The Open Meetings Act is amended by changing 
11Section 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 
16be open to the public unless excepted in subsection (c)
and 
17closed in accordance with Section 2a.

18 (b) Construction of exceptions. The exceptions contained 
19in subsection
(c) are in derogation of the requirement that 
20public bodies
meet in the open, and therefore, the exceptions 
21are to be strictly
construed, extending only to subjects 
22clearly within their scope.
The exceptions authorize but do 
23not require the holding of
a closed meeting to discuss a 
 
 
10200SB0685ham002- 36 -LRB102 12042 LNS 26899 a


1subject included within an enumerated exception.

2 (c) Exceptions. A public body may hold closed meetings to 
3consider 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 
 
 
10200SB0685ham002- 37 -LRB102 12042 LNS 26899 a


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.

 
 
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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 
 
 
10200SB0685ham002- 39 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 40 -LRB102 12042 LNS 26899 a


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). 
 
 
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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.
 
 
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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. 
 
 
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1 (d) Definitions. For purposes of this Section:

2 "Employee" means a person employed by a public body whose 
3relationship
with the public body constitutes an 
4employer-employee relationship under
the usual common law 
5rules, and who is not an independent contractor.

6 "Public office" means a position created by or under the

7Constitution or laws of this State, the occupant of which is 
8charged with
the exercise of some portion of the sovereign 
9power of this State. The term
"public office" shall include 
10members of the public body, but it shall not
include 
11organizational positions filled by members thereof, whether

12established by law or by a public body itself, that exist to 
13assist the
body in the conduct of its business.

14 "Quasi-adjudicative body" means an administrative body 
15charged by law or
ordinance with the responsibility to conduct 
16hearings, receive evidence or
testimony and make 
17determinations based
thereon, but does not include
local 
18electoral boards when such bodies are considering petition 
19challenges.

20 (e) Final action. No final action may be taken at a closed 
21meeting.
Final action shall be preceded by a public recital of 
22the nature of the
matter being considered and other 
23information that will inform the
public of the business being 
24conducted. 

25(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
26100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
 
 
10200SB0685ham002- 44 -LRB102 12042 LNS 26899 a


18-23-19; 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 
5be open to the public unless excepted in subsection (c)
and 
6closed in accordance with Section 2a.

7 (b) Construction of exceptions. The exceptions contained 
8in subsection
(c) are in derogation of the requirement that 
9public bodies
meet in the open, and therefore, the exceptions 
10are to be strictly
construed, extending only to subjects 
11clearly within their scope.
The exceptions authorize but do 
12not require the holding of
a closed meeting to discuss a 
13subject included within an enumerated exception.

14 (c) Exceptions. A public body may hold closed meetings to 
15consider 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 
 
 
10200SB0685ham002- 45 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 46 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 47 -LRB102 12042 LNS 26899 a


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 
 
 
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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 
 
 
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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 
 
 
10200SB0685ham002- 50 -LRB102 12042 LNS 26899 a


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 
 
 
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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 
20relationship
with the public body constitutes an 
21employer-employee relationship under
the usual common law 
22rules, and who is not an independent contractor.

23 "Public office" means a position created by or under the

24Constitution or laws of this State, the occupant of which is 
25charged with
the exercise of some portion of the sovereign 
26power of this State. The term
"public office" shall include 
 
 
10200SB0685ham002- 52 -LRB102 12042 LNS 26899 a


1members of the public body, but it shall not
include 
2organizational positions filled by members thereof, whether

3established by law or by a public body itself, that exist to 
4assist the
body in the conduct of its business.

5 "Quasi-adjudicative body" means an administrative body 
6charged by law or
ordinance with the responsibility to conduct 
7hearings, receive evidence or
testimony and make 
8determinations based
thereon, but does not include
local 
9electoral boards when such bodies are considering petition 
10challenges.

11 (e) Final action. No final action may be taken at a closed 
12meeting.
Final action shall be preceded by a public recital of 
13the nature of the
matter being considered and other 
14information that will inform the
public of the business being 
15conducted. 

16(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 
17100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. 
188-23-19; 101-652, eff. 1-1-22.)

19 Section 905. The Freedom of Information Act is amended by 
20changing 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 
24by the statutes referenced below, the following shall be 
 
 
10200SB0685ham002- 53 -LRB102 12042 LNS 26899 a


1exempt 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 
 
 
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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.
 
 
10200SB0685ham002- 55 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 56 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 57 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 58 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 59 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 60 -LRB102 12042 LNS 26899 a


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; 
16100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
178-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
18eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
19100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
206-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
21eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
22101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
231-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
24eff. 7-7-20; 101-656, eff. 3-23-21.)

25 (Text of Section after amendment by P.A. 101-652)

 
 
10200SB0685ham002- 61 -LRB102 12042 LNS 26899 a


1 Sec. 7.5. Statutory exemptions. To the extent provided for 
2by the statutes referenced below, the following shall be 
3exempt 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.
 
 
10200SB0685ham002- 62 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 63 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 64 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 65 -LRB102 12042 LNS 26899 a


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 
 
 
10200SB0685ham002- 66 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 67 -LRB102 12042 LNS 26899 a


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. 
 
 
10200SB0685ham002- 68 -LRB102 12042 LNS 26899 a


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; 
21100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
228-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
23eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
24100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 
256-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, 
26eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 
 
 
10200SB0685ham002- 69 -LRB102 12042 LNS 26899 a


1101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 
21-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, 
3eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; 
4revised 4-21-21.)

5 Section 995. No acceleration or delay. Where this Act 
6makes changes in a statute that is represented in this Act by 
7text that is not yet or no longer in effect (for example, a 
8Section represented by multiple versions), the use of that 
9text does not accelerate or delay the taking effect of (i) the 
10changes made by this Act or (ii) provisions derived from any 
11other Public Act.


12 Section 999. Effective date. This Act takes effect upon 
13becoming law.".