Bill Text: IL SB0685 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Creates the Domestic Violence Fatality Review Act. Defines terms. Establishes findings and purposes of the Act. Creates the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and provides for: membership; terms and vacancies of members; quorum; meetings; compensation; duties; and responsibilities. Allows a regional domestic violence fatality review team to be established within the boundaries of each judicial circuit, and provides for: membership; terms of members; vacancies; quorum; meetings; compensation; duties; and responsibilities. Adds provisions governing: cases eligible for review; confidentiality of regional review teams, information, and domestic violence fatality reviews; access to records and information; storage and destruction of confidential information; penalties for unlawful disclosure of confidential information; and immunity. Makes conforming changes in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 13-7)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0520 [SB0685 Detail]

Download: Illinois-2021-SB0685-Chaptered.html

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Public Act 102-0520
SB0685 Enrolled LRB102 12042 LNS 17378 b
AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Domestic Violence Fatality Review Act.
Section 5. Definitions. As used in this Act:
"Board" means the Illinois Criminal Justice Information
Authority Board.
"Case eligible for review" means the case based upon a
qualifying relationship that the regional review teams can
review under Section 70.
"Confidential information" means:
(1) oral, written, digital, or electronic original or
copied information, records, documents, photographs,
images, exhibits, or communications (i) obtained by the
Board, the Statewide Committee, or a regional review team
from a public body for the purpose of addressing whether a
case should be reviewed or for review of an eligible case
under this Act while in the possession of the Board,
Statewide Committee, or regional review team or (ii) in
the possession of, provided to, obtained by, shared with,
discussed by, created by, or maintained by the Board, the
Statewide Committee, or a regional review team for the

purpose of addressing whether a case should be reviewed or
for review of an eligible case;
(2) any information that may be in the possession of
the Board, Statewide Committee, or a regional review team
that discloses the identities of victims, survivors,
deceased, or offenders, or their family members, or by
which their identities can be determined by a reasonably
diligent inquiry; and
(3) any discussions, deliberations, minutes, notes,
records, or opinions of the members of the Board,
Statewide Committee, or a regional review team with regard
to a case eligible for review to determine whether the
case should be reviewed or a review of an eligible case.
Confidential information does not mean nonidentifying or
aggregate data information or analysis of data, and
recommendations for community and systemic reform.
"Deceased" means anyone who died in connection with the
actions of the offender, other than the victim, survivor, or
offender.
"Domestic violence" means abuse as it is defined in
Section 103 of the Illinois Domestic Violence Act of 1986 and
paragraph (1) of subsection (b) of Section 112A-3 of the Code
of Criminal Procedure of 1963.
"Domestic violence fatality review" means the deliberative
process of multiagency and multidisciplinary teams that select
eligible cases of domestic violence related fatalities and

near-fatalities, and trace prior systemic interventions and
involvement to:
(1) examine barriers to safety, justice,
self-determination, and equity;
(2) identify systemic and community gaps and consider
alternate and more effective systemic responses; and
(3) develop recommendations for greater coordinated
and improved community and systemic response and
prevention initiatives to domestic violence in order to
reduce the occurrence, frequency, and severity of domestic
violence and prevent fatalities and near-fatalities.
"Familicide" means the killing of a family, including one
or both parents and any children, by a family member.
"Fatality" means death caused by suicide or homicide.
"Near-fatality" means a death that nearly occurred by
means of suicide or homicide, or an injury that could have
resulted in death.
"Offender" means the person who inflicted domestic
violence upon the victim and caused the victim's death, or the
person who inflicted domestic violence upon a survivor.
"Offender" includes a person who is deceased or alive, and is
not required to have been the subject of a criminal
investigation or prosecution.
"Regional domestic violence fatality review team" or
"regional review team" means a multiagency and
multidisciplinary team that selects and reviews eligible cases

in accordance with Section 45.
"Statewide Committee" means the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois Criminal
Justice Information Authority Board.
"Survivor" means a person who experienced domestic
violence and is alive.
"Victim" means the person who experienced domestic
violence and is deceased, including by means of homicide or
suicide.
Section 10. Findings. The General Assembly finds and
declares the following:
(a) Over 10,000,000 people in the United States experience
physical domestic violence by a current or former partner each
year.
(b) According to the Centers for Disease Control and
Prevention of the United States Department of Health and Human
Services, domestic violence accounts for 15% of all violent
crime in the United States, and in this State, 42% of women and
26% of men have been harmed by an intimate partner in their
lifetime.
(c) According to the U.S. Department of Justice,
nationwide approximately 1 in 4 women and nearly 1 in 7 men
experience severe physical violence resulting from domestic
violence by an intimate partner at some point in their
lifetime.

(d) The Illinois Criminal Justice Information Authority
found that while the actual number of domestic violence
incidents are underreported, in this State over 100,000
domestic violence offenses were reported to law enforcement
each year between 2005 and 2017. Between 400,000 and nearly
600,000 orders of protection were filed each year between 2005
and 2017.
(e) From 2001 to 2018, State domestic violence agencies
served nearly 800,000 adults and children, at an average of
57,684 clients per year, according to the Illinois Criminal
Justice Information Authority.
(f) Domestic violence related homicides account for nearly
1 in 5 murders in the United States. According to the National
Coalition Against Domestic Violence, female homicide victims
are substantially more likely than male homicide victims to
have been killed by an intimate partner. One in 3 female murder
victims are killed by intimate partners. About 4% of male
homicide victims were killed by an intimate partner.
Nationwide, 72% of all homicide-suicides involved an intimate
partner of which 94% of the murdered victims are women.
(g) The Illinois Criminal Justice Information Authority
found that 15% of all homicides in this State are connected to
domestic violence, such that at least 130 domestic violence
related homicides occurred in this State during 2019. The
Illinois Coalition Against Domestic Violence found that
domestic violence fatalities occurred across at least 26

counties and included at least 7 children between July 2019
and June 2020.
(h) The Illinois Criminal Justice Information Authority
found that the estimated financial impact of domestic violence
homicides reported in this State during 2019 would total
nearly $1.2 billion.
(i) Nearly all familicides involve a history of domestic
violence.
(j) Effective responses to domestic violence and domestic
violence related fatalities involve governmental, social
services, and other systems in the community. A coordinated
and consistent approach among community and system points of
intervention are important to fostering the safety, stability,
well-being and healing of survivors, and facilitating
meaningful engagement with and sustainable accountability for
offenders.
(k) Domestic violence transcends boundaries of race,
religion, ethnicity, sexual orientation, gender identity,
disability, culture, socioeconomic status, and geography.
(l) Domestic violence related fatalities and
near-fatalities are experienced and responded to differently
in historically marginalized communities. The communities and
systems that victims, survivors, and offenders engage with in
historically marginalized communities are typically those with
power imbalances often rooted in systemic racism and
oppression. Women of color, in particular, face additional

barriers and gaps in accessing systemic and community
responses aimed at reducing domestic violence related
fatalities and near-fatalities.
(m) Over 200 domestic violence fatality review teams exist
across the United States. Those teams are engaged in systems
reform in order to improve the response to domestic violence
and reduce and prevent domestic violence related fatalities
and near-fatalities.
(n) Domestic violence related fatalities and
near-fatalities can be prevented, and the use of regional
domestic violence fatality review teams under the leadership,
guidance, and technical assistance of the Statewide Committee
in support of the regional teams is an effort toward such
prevention.
Section 15. Purposes. The purposes of this Act are:
(1) To create the Ad Hoc Statewide Domestic Violence
Fatality Review Committee of the Illinois Criminal Justice
Information Authority Board to support domestic violence
fatality review in this State.
(2) To establish regional domestic violence fatality
review teams that engage in domestic violence fatality review
in this State in order to foster systemic reform that aims to:
(A) reduce domestic violence and domestic violence
related fatalities and near-fatalities in this State;
(B) address disparate and discriminatory practices and

attitudes in the systems that interact with victims,
survivors, and offenders; and
(C) reduce the cost on society of domestic violence
and domestic violence related fatalities and
near-fatalities by:
(i) reviewing selected cases eligible for review;
(ii) examining how systems have responded to
individual experiences;
(iii) identifying gaps and barriers to effective
and equitable responses that promote safety,
stability, well-being, healing, and accountability;
and
(iv) recommending strategies to improve community
and systemic responses to domestic violence in order
to foster points of intervention and support that are
effective, coordinated, collaborative, consistent,
just, and equitable.
Section 20. Ad Hoc Statewide Domestic Violence Fatality
Review Committee of the Illinois Criminal Justice Information
Authority Board. The Ad Hoc Statewide Domestic Violence
Fatality Review Committee of the Illinois Criminal Justice
Information Authority Board is hereby created to provide
guidance, leadership, technical assistance, research, and
other supports to the regional domestic violence fatality
review teams in carrying out their responsibilities under this

Act, and to serve as a statewide resource for addressing
domestic violence related fatalities and near-fatalities as
well as other forms of abuse connected to domestic violence.
Section 25. Membership of the Statewide Committee.
(a) The Statewide Committee shall consist of the following
voting members and nonvoting ex officio members. The voting
membership shall have racial, ethnic, gender, and geographic
diversity and include the following:
(1) Four members of the General Assembly as follows: 2
members of the Senate, one member appointed by the
President of the Senate and one member appointed by the
Senate Minority Leader; 2 members of the House of
Representatives, one member appointed by the Speaker of
the House and one member appointed by the House Minority
Leader.
(2) One member of the Governor's policy leadership
team appointed by the Governor.
(3) Up to 20 public members designated by the Board
Chairperson, including:
(A) Four members representing different regional
review teams established under this Act, or at-large
members in accordance with subparagraph (I) if 4
regional review teams have not yet been established at
the time of appointment.
(B) Two members representing statewide, regional,

or local organizations that advocate on behalf of
survivors of domestic violence.
(C) Two members who are domestic violence
survivors, one of whom may be a family member of a
victim of domestic violence related fatality or
near-fatality.
(D) Four social service providers representing
different geographic areas of the State whose
significant purpose is to provide services to
survivors of domestic violence.
(E) Two social service providers who have
significant experience working with domestic violence
offenders.
(F) One physician licensed by the State whose
State practice focuses on emergency medicine.
(G) One member of the Illinois Association of
Chiefs of Police recommended by the Association
Director or President.
(H) One member of the Illinois Sheriffs'
Association recommended by the Association Director or
President.
(I) Three at-large members who have substantial
expertise and experience in the response to or
prevention of domestic violence and domestic violence
related fatalities and near-fatalities, or a related
skill or expertise.

(b) The following, or a designee, shall serve as nonvoting
ex officio members of the Statewide Committee: the Lieutenant
Governor; the Secretary of Human Services; the Director of
Public Health; the Attorney General; the Director of the
Illinois State Police; the Director of Children and Family
Services; the Director of the Illinois Criminal Justice
Information Authority; the Director of the Office of the
State's Attorney Appellate Prosecutor; the Director of the
Office of the State Appellate Defender; and the Director of
the Administrative Office of the Illinois Courts.
Section 30. Statewide Committee terms of members;
vacancies.
(a) Terms of the original voting members shall be
staggered as follows: one-half shall be designated for 2-year
terms and one-half shall be designated for 3-year terms. The
length of the initial terms of each original voting member
shall be drawn by lot at the first meeting held by the
Statewide Committee and shall be recorded as part of the
minutes of the meeting. After the initial term, each term
shall be for 3 years. Length of terms of co-chairs, the
secretary, and other officers coincide with Statewide
Committee members' terms.
(b) The Board Chairperson shall designate members to fill
vacancies in accordance with Section 25. A member whose term
has expired may serve until a successor is appointed and

accepts the appointment.
Section 35. Statewide Committee quorum; meetings;
compensation.
(a) A quorum shall consist of 7 of the voting members of
the Statewide Committee.
(b) The first meeting of the Statewide Committee shall
occur by January 15, 2022. At the first meeting and at
subsequent meetings when terms expire, the voting members
shall elect 2 co-chairs and a secretary from among the voting
members and may elect any other officers and other officers
the voting members deem necessary to carry out the duties and
responsibilities of the Statewide Committee.
(c) The Statewide Committee shall meet at least quarterly
each State fiscal year. Additional meetings may be called by
the co-chairs, after at least 7 days prior notice to the
Statewide Committee members, or upon a written request signed
by at least 5 Statewide Committee members to the co-chairs for
a meeting request. Meetings may be held by a virtual meeting
format during a public health emergency or disaster
proclamation declared by the Governor, or at the discretion of
the co-chairs.
(d) The meetings of the Statewide Committee are subject to
the Open Meetings Act, except the following shall occur in
closed executive sessions not subject to the requirements of
the Open Meetings Act:

(1) discussions about personnel matters, confidential
information as defined by Section 5, or cases eligible for
review under Section 70; and
(2) conducting a domestic violence fatality review.
(e) The members shall receive no compensation for their
service as members of the Statewide Committee, but may receive
reimbursement for actual expenses incurred in the performance
of their duties, subject to the availability of funds for that
purpose.
Section 40. Duties and responsibilities of the Statewide
Committee.
(a) The Statewide Committee shall carry out the following
duties and responsibilities:
(1) Subject to available funds, hire or assign a
full-time Program Manager to carry out the duties and
responsibilities of the Statewide Committee and the
purposes of this Act. The Program Manager may hire
additional staff, subject to the availability of funds for
that purpose and subject to the approval of the Board. The
Statewide Committee and regional review teams can operate
without an acting Program Manager.
(2) Establish and maintain an Internet website.
(3) Prepare an annual budget that includes
compensation for the Program Manager and staff, and
financial reimbursement to regional review team members or

teams for actual expenses incurred in the performance of
their duties, subject to the availability of funds for
that purpose.
(4) Facilitate the establishment and implementation of
regional review teams across the State over 6 years after
the effective date of this Act and collaboratively develop
regional implementation plans and procedures.
(5) Provide training and ongoing technical assistance
to regional review teams.
(6) Conduct, or assist in conducting, regional
domestic violence fatality reviews if requested by
regional review teams in specific cases.
(7) Develop model confidentiality agreement, policies,
and procedures for the use of regional review teams.
(8) Develop guidelines for the annual and biennial
reports of the Statewide Committee and the regional review
teams pursuant to this Section and Section 65.
(9) Appoint the initial members of each regional
review team in accordance with Section 50 or designate a
founding member of a regional review team to form the
remainder of the regional review team in accordance with
Section 50, unless the regional review team has been
formed prior to the effective date of this Act or elects to
form without the involvement of the Statewide Committee.
(10) Create a process whereby the Statewide Committee
shall annually officially recognize regional review teams

that are formed and operated in substantial compliance
with the requirements of this Act, and nonrecognize those
regional review teams that are substantially out of
compliance after reasonable efforts are made by the
Statewide Committee to engage the regional review team's
co-chairs and other regional stakeholders to facilitate
corrective actions to bring the regional review team into
substantial compliance. A nonrecognized regional review
team no longer has the authority to operate under this
Act, however, nonrecognition would not preclude the
formation of a new regional review team for the affected
region.
(11) Review, analyze, maintain, and securely store
regional review team reports and recommendations submitted
by each regional review team as required by Section 65.
(12) File an annual report with the Governor and the
General Assembly on the operations and activities of the
Statewide Committee and of the regional review teams. The
first report shall be due no later than March 1, 2023, and
each subsequent report shall be due no later than March 1
of each year thereafter. The annual report shall be made
publicly available on the Statewide Committee's Internet
website.
(13) In even numbered years, file a substantive
biennial report reviewing and analyzing the data and
recommendations collected from the reports of the regional

review teams. The biennial report shall include specific
recommendations for legislative, systemic, policy, and any
other changes to reduce domestic violence and domestic
violence related fatalities and near-fatalities. The first
report shall be due no later than April 1, 2024, and each
subsequent report shall be due no later than April 1 of
each even year thereafter. The biennial report shall be
made publicly available on the Statewide Committee's
Internet website.
(b) The Statewide Committee may carry out the following
duties and responsibilities:
(1) After a vote by the majority of the voting
Statewide Committee members or a decision by the
co-chairs, establish one or more subcommittees or task
forces to address specific issues regarding domestic
violence, domestic violence fatalities and
near-fatalities, domestic violence fatality review, or
other related issues or subject matters, and may invite
nonmembers with expertise on the issue or subject matter
to serve on the subcommittee or task force. Each
subcommittee or task force shall be chaired by a member of
the Statewide Committee.
(2) Advise the Governor and General Assembly on
domestic violence, domestic violence fatalities and
near-fatalities, domestic violence fatality review, data,
and related topics or policies.

(3) Engage nonmember stakeholders in reviewing
selected recommendations from the regional review teams in
accordance with notions of fairness, equity, justice, due
process, and practicality.
(4) Analyze data and identify trends related to
domestic violence and domestic violence related fatalities
and near-fatalities, and develop mechanisms for
collecting, analyzing, and storing data that it collects
or that is provided by the regional review teams.
(5) Adopt administrative rules in order to implement
this Act.
(6) Subject to the availability of funding and
approval by a vote of the majority of the Statewide
Committee members, engage with and enter into contracts
with a higher education institution or research entity for
research, analysis, training, and educational purposes in
furtherance of the purposes of this Act. Statewide
Committee members or Statewide Committee staff shall not
share information with contractors that would disclose the
identities of victims, survivors, deceased, offenders, and
their family members or by which their identities can be
determined by a reasonably diligent inquiry.
(7) Support the implementation of systemic and
community reform recommendations in order to advance the
purposes of this Act.
(8) Adopt notice of funding opportunities, award

grants, or enter into contracts with statewide or local
organizations that advocate on behalf of survivors.
(9) Assign any responsibilities under this Section.
(10) Engage in any other activities that enable the
Statewide Committee, its staff, and the regional review
teams to carry out the purposes of this Act.
Section 45. Regional domestic violence fatality review
teams. A regional domestic violence fatality review team may
be established within the boundaries of each judicial circuit.
Once a review team is established within the boundaries of the
judicial circuit, the team may establish one or more subteams
to efficiently and effectively carry out the responsibilities
of the regional review team and conduct domestic violence
fatality review.
Section 50. Membership of regional domestic violence
fatality review teams. Each regional review team shall, at a
minimum, include the following members from within the
boundaries of the judicial circuit:
(1) a State's Attorney or Assistant State's Attorney;
(2) a public defender or other criminal defense lawyer;
(3) a coroner or medical examiner;
(4) a Sheriff, Deputy Sheriff, Chief of Police, or other
law enforcement officer with experience in domestic violence
cases;

(5) a social service provider whose significant role is to
provide services to survivors of domestic violence;
(6) a social service provider who has significant
experience working with domestic violence offenders, if
available in the region;
(7) a civil legal services lawyer or pro bono lawyer
connected with a civil legal services program; and
(8) at least 2 of the following members: a public health
official; a physician licensed by the State who specializes in
emergency medicine; an advanced practice registered nurse; a
licensed mental health professional such as a psychiatrist,
clinical psychologist, licensed clinical professional
counselor, or licensed clinical social worker; a circuit judge
or associate judge; a clerk of the circuit court or other
elected or appointed court official; an administrative law
judge; an emergency medical technician, paramedic, or other
first responder; a local or regional elected official or State
legislator; a representative from the private business sector;
a member of the clergy or other representative of the faith
community; a public housing authority administrator or
manager; an alcohol and substance abuse treatment
professional; a probation or parole officer; a child welfare
administrator, caseworker, or investigator; a public school
administrator, teacher, or school support staff person
licensed and endorsed by the Illinois State Board of
Education; a representative of a State university or community

college; a social science researcher or data analyst; a
survivor or a family member or friend of a survivor or victim;
a supervised child visitation or child exchange staff person;
or a member of the public at-large who has the education,
training, or experience to carry out the purposes of the
regional review team.
Section 55. Terms of regional review team members;
vacancies.
(a) Terms of the original regional team members shall be
staggered as follows: one-half of the initial members of the
review team shall serve 2-year terms, and one-half of the
initial members shall serve 3-year terms. The initial terms
shall be drawn by lot at the first meeting of the review team.
Following the initial terms, each member of the review team
shall serve 3-year terms. No member shall serve more than 2
consecutive terms. Length of terms of co-chairs, the
secretary, and other officers coincide with regional review
team membership terms.
(b) Vacancies shall be filled by individuals who meet the
requirements of Section 50 either by an application process or
upon the recommendation of a member of the regional review
team, and approved by a vote of the majority of the regional
review team members. Vacancies occurring during a term shall
be filled to complete the current term. Members whose terms
have expired may continue to serve until a new member is

appointed. Former members are eligible for reappointment after
the expiration of at least 12 months following their last date
of service.
Section 60. Regional review team quorum; meetings;
compensation.
(a) All members of the regional review team are voting
members. Five members of the regional review team shall
constitute a quorum.
(b) At the first meeting and at subsequent meetings when
terms expire, the regional review team shall elect 2 co-chairs
and a secretary and may elect any other officers the voting
members deem necessary to carry out the duties and
responsibilities of the regional review team.
(c) Each regional review team shall meet at least
quarterly on a date and at a time and location determined by
the co-chairs. Additional meetings may be convened by the
co-chairs upon at least 7 days' prior written notice to the
regional review team members, or upon the written request by
at least 5 regional review team members to the co-chairs.
Meetings may be held by virtual meeting format during a public
health emergency or disaster proclamation declared by the
Governor, or at the discretion of the co-chairs.
(d) Members of regional review teams are not entitled to
compensation, but may receive reimbursement for actual
expenses incurred in the performance of their duties, subject

to the availability of State or local funds for such purposes.
Section 65. Duties and responsibilities of the regional
domestic violence fatality review team.
(a) Each regional review team shall carry out the
following duties and responsibilities:
(1) Form a regional review team in accordance with
Sections 50 and 55.
(2) Report the names, professional titles, if
applicable, and business contact information of each
review team member to the Statewide Committee and inform
the Statewide Committee in a timely manner of any changes
to the membership of the regional review team.
(3) Create a secure system of maintaining and storing
minutes, correspondence, and confidential information
related to the regional review team and the domestic
violence fatality reviews.
(4) Ensure that each member of the regional review
team participates in trainings and technical assistance
provided by the Statewide Committee and other
professionals.
(5) Meet at least quarterly and maintain minutes of
the business conducted by the regional review team at each
meeting.
(6) Establish priorities for reviewing eligible cases
that consider, in part, demographic and case type

diversity.
(7) Based upon information available from a variety of
sources, consider cases eligible for review in accordance
with Section 70.
(8) Vote by a majority of the regional review team
members to review a specific case based upon various
factors, including the priorities by the regional review
team.
(9) Invite and coordinate with the specific people
designated in Section 50 who were involved in the selected
domestic violence related fatality or near-fatality to
participate in the domestic violence fatality review.
Members of the regional review team may also participate
directly in the domestic violence fatality review.
(10) Execute a confidentiality agreement with each
member of the regional review team and participant of a
domestic violence fatality review in accordance with
Section 75.
(11) Conduct a domestic violence fatality review of at
least 2 eligible cases per calendar year, or, if the
regional review team is unable to complete at least 2
reviews in a given year, provide an explanation to the
Statewide Committee in the regional review team's annual
report pursuant to paragraph (12).
(12) Prepare and submit an annual report to the
Statewide Committee on the operations and activities of

the regional review team in accordance with guidelines
established by the Statewide Committee. The initial report
shall be due on March 1 following the formation of the
regional review team and subsequent reports shall be
submitted no later than March 1 of each year thereafter.
(13) On odd numbered years, prepare and submit to the
Statewide Committee a biennial report based upon the
domestic violence fatality reviews of the corresponding
time period. The biennial report shall include specific
recommendations for legislative, systemic, policy, and any
other changes to reduce domestic violence and domestic
violence related fatalities and near-fatalities. These
recommendations will be reviewed by the Statewide
Committee according to Section 40 and will, in part,
inform the Statewide Committee's biennial report on even
years. Any information that identifies the victims,
survivors, deceased, or offenders, or their family members
or any information by which their identities can be
determined by a reasonably diligent inquiry shall not be
disclosed in any domestic violence fatality review
biennial report or by any other means. Any narrative of
nonidentifying facts will be limited to those essential
and indispensable to the explanation of data analysis or a
recommendation for reform. Aggregate and nonidentifying
data, including demographics, may be included in the
biennial report. The first biennial report shall be due no

later than April 1, 2023, and each subsequent report shall
be due no later than April 1 of each odd year thereafter.
(b) Each regional review team may carry out the following
duties and responsibilities:
(1) Collect and analyze data from its regional area
regarding cases eligible for review that were and were not
reviewed by the regional review team for purposes of
identifying patterns and making recommendations for
community and systemic reforms.
(2) Subject to the availability of funding and
approval by a vote of the majority of the regional review
team members, engage with and enter into contracts with a
higher education institution or research entity for
research, analysis, training, and educational purposes in
furtherance of the purposes of this Act. Regional review
team members shall not share information with contractors
that would disclose the identities of victims, survivors,
deceased, offenders, and their family members or by which
their identities can be determined by a reasonably
diligent inquiry.
(3) Seek funds to support the operations of the
regional review team and the facilitation of domestic
violence fatality reviews.
(4) Support the implementation of systemic and
community reform recommendations in order to advance the
purposes of this Act.

(5) Engage in any other activities that enable the
regional review team to carry out the purposes of this
Act.
Section 70. Case eligible for review by regional review
team. A case eligible for review shall include a fatality or
near-fatality that occurred within the geographic boundaries
of the judicial circuit covered by the regional review team
and a qualifying relationship.
(a) A fatality or near-fatality includes at least one of
the following:
(1) a homicide, as defined in Article 9 of the
Criminal Code of 2012 in which:
(A) the offender causes the death of the victim,
the deceased, or others; or
(B) the survivor causes the death of the offender,
the deceased, or others;
(2) a suicide or attempted suicide of the offender;
(3) a suicide of the victim;
(4) a suicide attempt of the survivor;
(5) a familicide in which the offender causes the
death of the victim and other members of the victim's
family including, but not limited to, minor or adult
children and parents;
(6) the near-fatality of a survivor caused by the
offender;

(7) the near-fatality of an offender caused by the
survivor; or
(8) any other case involving domestic violence if a
majority of the regional review team vote that a review of
the case will advance the purposes of this Act.
(b) A qualifying relationship between the offender and the
victim or survivor shall include instances or a history of
domestic violence perpetrated by the offender against the
victim or survivor and at least one of the following
circumstances:
(1) the offender and the victim or survivor:
(A) resided together or shared a common dwelling
at any time;
(B) have or are alleged to have a child in common;
or
(C) are or were engaged, married, divorced,
separated, or had a dating or romantic relationship,
regardless of whether they had sexual relations;
(2) the offender stalked the victim or survivor as
described in Section 12-7.3 of the Criminal Code of 2012;
(3) the victim or survivor filed for an order of
protection against the offender under the Illinois
Domestic Violence Act of 1986 or Section 112A-2.5 of the
Code of Criminal Procedure of 1963;
(4) the victim or survivor filed for a civil no
contact order against the offender under the Civil No

Contact Order Act or Section 112A-14.5 of the Code of
Criminal Procedure of 1963;
(5) the victim or survivor filed for a stalking no
contact order against the offender under the Stalking No
Contact Order Act or Section 112A-2.5 of the Code of
Criminal Procedure of 1963;
(6) the offender violated an order of protection,
civil no contact order, or stalking no contact order
obtained by the victim or survivor;
(7) the deceased resided in the same household as, was
present at the workplace of, was in the proximity of, or
was related by blood or affinity to a victim or survivor;
(8) the deceased was a law enforcement officer,
emergency medical technician, or other responder to a
domestic violence incident between the offender and the
victim or survivor; or
(9) a relationship between the offender and the
victim, survivor, or deceased exists that a majority of
the regional review team votes warrants review of the case
to advance the purposes of this Act.
(c) A case eligible for review does not require criminal
charges or a conviction.
(d) Any criminal investigation, civil, criminal, or
administrative proceeding, and appeals shall be complete for a
case to be eligible for review.

Section 75. Confidentiality of regional review teams,
information, and domestic violence fatality reviews.
(a) Meetings in which regional review teams are engaged in
a domestic violence fatality review or in which confidential
information is shared or disclosed are closed to the public
and not subject to Section 2 of the Open Meetings Act.
(b) Unless otherwise available and lawfully obtained
through another source pursuant to an applicable law that
allows the disclosure and release of the information,
confidential information in the possession of a regional
review team is not:
(1) subject to disclosure by the Board, Statewide
Committee, or a regional review team under the Freedom of
Information Act, and this exemption does not extend to
other public bodies unless otherwise provided by law;
(2) subject to subpoena and discovery under Section
2-402 of the Code of Civil Procedure, Article 115 of the
Code of Criminal Procedure of 1963, or Illinois Supreme
Court Rule 412; and
(3) admissible as evidence in any civil or criminal
proceeding.
(c) Confidential information in the possession of a
regional review team shall not be disclosed, released, or
shared except as follows:
(1) among Statewide Committee members or Statewide
Committee staff pursuant to the review of an eligible

case;
(2) among regional review team members to determine
whether a case is eligible for review or whether an
eligible case should be reviewed;
(3) among regional review team members and
participants during a domestic violence fatality review;
or
(4) a regional review team votes to share confidential
information for solely educational or research purposes,
consistent with State or federal law, as long as the
information disclosed does not include the identities of
victims, survivors, deceased, or offenders, or their
family members or any information by which their
identities can be determined by a reasonably diligent
inquiry.
(d) All Statewide Committee members, Statewide Committee
subcommittee members, Statewide Committee staff, all members
of each regional review team, and any other person who
participates in any manner in a review of an eligible case by a
regional review team shall execute a confidentiality agreement
based upon a model confidentiality agreement developed by the
Statewide Committee or a document substantially similar to the
Statewide Committee's model document that acknowledges and
agrees to comply with the responsibility not to disclose or
release confidential information. All executed confidentiality
agreements shall be maintained by the Statewide Committee and

by each regional review team, respectively.
(e) Members and staff of the Board, Statewide Committee,
and members of a regional review team or participants of a
domestic violence fatality review cannot be subject to
examination or compelled to disclose or release confidential
information in any administrative, civil or criminal
proceeding, except for information that is otherwise available
and lawfully obtained through another source pursuant to an
applicable law that allows the disclosure and release of the
information.
Section 80. Access to records and information.
(a) Upon the oral or written request by a regional review
team, records and oral or written information relevant to the
purposes of domestic violence fatality review and to the
responsibilities of the regional review team shall be provided
free of charge by the following: State and local governmental
agencies and officials; medical and dental providers; domestic
violence offender and partner abuse intervention service
providers; child care providers; and employers. Examples of
records and oral or written information that may be requested
include, but are not limited to: guardian ad litem reports;
parenting evaluations; victim impact statements; mental health
evaluations submitted to a court; probation information,
presentence interviews, and reports; recommendations made
regarding bail and release on own recognizance; child welfare

reports and information; Child Advocacy Center reports and
information; law enforcement incident reports, dispatch
records, statements of victims, witnesses and suspects,
supplemental reports, and probable cause statements; 9-1-1
call-taker's reports; correction and post-sentence probation
or supervision reports; medical, hospital, and dental
treatment records; school records and information; child care
records and information; and employer records and information.
The records and oral or written information may be provided
for purposes of domestic violence fatality review without
authorization of the person or persons to whom the records and
oral or written information relate.
(b) The records and oral or written information described
in this Section provided to a regional review team or in a
domestic violence fatality review become confidential
information as defined in this Act. The Statewide Committee,
regional review teams, and any other participant in a domestic
violence fatality review shall maintain the confidentiality
and shall not disclose or release the confidential information
received, shared, or obtained.
(c) Nothing in this Act shall:
(1) limit public access to records or information that
are lawfully available; or
(2) change the confidentiality and privilege of
communications under the Illinois Domestic Violence Act of
1986, Section 8-802.1 of the Code of Civil Procedure, the

Mental Health and Developmental Disabilities Code, 42 CFR
2.15, Section 40002(b)(2) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(b)(2)), 45 CFR 1370.4, and 28
CFR 94.115.
(d) The Statewide Committee or a regional review team may
request and obtain information and records from outside the
State by any available legal means.
Section 85. Storage and destruction of confidential
information.
(a) Following a domestic violence fatality review,
participants who brought or provided confidential information
may return to their possession the confidential information,
shall not disclose or share the confidential information
unless otherwise allowed by State or federal law or not
otherwise privileged, and may destroy the confidential
information unless otherwise prohibited by State or federal
law. Confidential information subject to immediate destruction
shall be destroyed as provided under the State Records Act or
Local Records Act.
(b) Following a domestic violence fatality review, if one
of the co-chairs of the regional review team is employed by a
public or governmental agency, the co-chair of the regional
review team will store at the place of employment or virtually
on the confidential electronic database or other technology
any remaining confidential information and will maintain the

confidentiality of the information. If neither of the
co-chairs of the regional review team are employed by a public
or governmental agency, the co-chairs will designate a member
of the regional review team employed by a public or
governmental agency to store at the place of the member's
employment or virtually on the member's confidential
electronic database or other technology any remaining
confidential information and will maintain the confidentiality
of the information. One year following the submission of the
regional review team's biennial report pursuant to Section 65,
the co-chair or a designee shall destroy the confidential
information.
Section 90. Penalty for unlawful disclosure of
confidential information. Anyone who discloses, receives,
makes use of, or knowingly permits the use of any confidential
information in violation of this Act commits a Class A
misdemeanor.
Section 95. Immunity. If acting in good faith, without
malice, and within the protocols established by the Statewide
Committee and the regional review team, members of the
Statewide Committee and regional review team, and anyone
participating in a domestic violence fatality review shall
have immunity from administrative, civil, or criminal
liability for an act or omission related to the participation

in a domestic violence fatality review, notwithstanding
Section 90.
Section 900. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
(Text of Section before amendment by P.A. 101-652)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or

legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for

public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be

recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or

professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.

(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk

areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.

(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; revised 9-27-19.)
(Text of Section after amendment by P.A. 101-652)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained

in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or

deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and

security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in

the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,

that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under

Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation

Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board

regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local

electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
8-23-19; 101-652, eff. 1-1-22.)
Section 905. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 101-652)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance

Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding

against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under

Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.

(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed

under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(ddd) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20; 101-656, eff. 3-23-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library

Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under

that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty

prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information

Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle

Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law

enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under

the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is exempt from disclosure under
subsection (k) of Section 11 of the Equal Pay Act of 2003.
(ccc) (bbb) Information that is prohibited from
disclosure by the Illinois Police Training Act and the
State Police Act.
(ddd) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21;
revised 4-21-21.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 999. Effective date. This Act takes effect upon
becoming law.