Bill Text: IL HB5553 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act. Provides that an individual acting on behalf of a public body who willfully and intentionally fails to comply with the Act is guilty of a Class C misdemeanor. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5553 Detail]

Download: Illinois-2013-HB5553-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5553 Introduced , by Rep. Brad E. Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 140/11 from Ch. 116, par. 211
Amends the Freedom of Information Act. Provides that an individual acting on behalf of a public body who willfully and intentionally fails to comply with the Act is guilty of a Class C misdemeanor. Effective immediately.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 11 as follows:
(5 ILCS 140/11) (from Ch. 116, par. 211)
Sec. 11. (a) Any person denied access to inspect or copy
any public record by a public body may file suit for injunctive
or declaratory relief.
(b) Where the denial is from a public body of the State,
suit may be filed in the circuit court for the county where the
public body has its principal office or where the person denied
access resides.
(c) Where the denial is from a municipality or other public
body, except as provided in subsection (b) of this Section,
suit may be filed in the circuit court for the county where the
public body is located.
(d) The circuit court shall have the jurisdiction to enjoin
the public body from withholding public records and to order
the production of any public records improperly withheld from
the person seeking access. If the public body can show that
exceptional circumstances exist, and that the body is
exercising due diligence in responding to the request, the

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court may retain jurisdiction and allow the agency additional
time to complete its review of the records.
(e) On motion of the plaintiff, prior to or after in camera
inspection, the court shall order the public body to provide an
index of the records to which access has been denied. The index
shall include the following:
(i) A description of the nature or contents of each
document withheld, or each deletion from a released
document, provided, however, that the public body shall not
be required to disclose the information which it asserts is
exempt; and
(ii) A statement of the exemption or exemptions claimed
for each such deletion or withheld document.
(f) In any action considered by the court, the court shall
consider the matter de novo, and shall conduct such in camera
examination of the requested records as it finds appropriate to
determine if such records or any part thereof may be withheld
under any provision of this Act. The burden shall be on the
public body to establish that its refusal to permit public
inspection or copying is in accordance with the provisions of
this Act. Any public body that asserts that a record is exempt
from disclosure has the burden of proving that it is exempt by
clear and convincing evidence.
(g) In the event of noncompliance with an order of the
court to disclose, the court may enforce its order against any
public official or employee so ordered or primarily responsible

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for such noncompliance through the court's contempt powers.
(h) Except as to causes the court considers to be of
greater importance, proceedings arising under this Section
shall take precedence on the docket over all other causes and
be assigned for hearing and trial at the earliest practicable
date and expedited in every way.
(i) If a person seeking the right to inspect or receive a
copy of a public record prevails in a proceeding under this
Section, the court shall award such person reasonable
attorneys' fees and costs. In determining what amount of
attorney's fees is reasonable, the court shall consider the
degree to which the relief obtained relates to the relief
sought. The changes contained in this subsection apply to an
action filed on or after the effective date of this amendatory
Act of the 96th General Assembly.
(j) If the court determines that a public body willfully
and intentionally failed to comply with this Act, or otherwise
acted in bad faith, the court shall also impose upon the public
body a civil penalty of not less than $2,500 nor more than
$5,000 for each occurrence. In assessing the civil penalty, the
court shall consider in aggravation or mitigation the budget of
the public body and whether the public body has previously been
assessed penalties for violations of this Act. The changes
contained in this subsection apply to an action filed on or
after the effective date of this amendatory Act of the 96th
General Assembly.

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(k) An individual acting on behalf of a public body who
willfully and intentionally fails to comply with this Act is
guilty of a Class C misdemeanor.
(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.