Bill Text: IL HB0909 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children's Advocacy Center Act. Provides that consent is not required for a forensic interview to be electronically recorded and that failure to record does not render a forensic interview inadmissible. Provides that a forensic interview, an electronic recording, or a transcription of an interview or electronic recording is confidential and exempt from public inspection and copying and may only be viewed by a court, attorneys, investigators, or experts for the purpose of judicial and administrative hearings and shall not be disseminated except pursuant to a court's protective order. Provides that nothing in the Act shall be construed to limit or prohibit electronically recorded forensic interviewing in accordance with provisions concerning surveillance and investigations in the Criminal Code of 2012 and Code of Criminal Procedure of 1963. Adds a definition and modifies a definition. Amends the Freedom of Information Act making conforming changes. Effective January 1, 2020.

Spectrum: Moderate Partisan Bill (Democrat 13-4)

Status: (Enrolled) 2019-06-21 - Sent to the Governor [HB0909 Detail]

Download: Illinois-2019-HB0909-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0909

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
55 ILCS 80/2.5
55 ILCS 80/4.5 new

Amends the Children's Advocacy Center Act. Provides that consent is not required for a forensic interview to be electronically recorded and that failure to record does not render a forensic interview inadmissible. Provides that a forensic interview, an electronic recording, or a transcription of an interview or electronic recording is confidential and exempt from public inspection and copying and may only be viewed by a court, attorneys, investigators, or experts for the purpose of judicial and administrative hearings and shall not be disseminated except pursuant to a court's protective order. Provides that nothing in the Act shall be construed to limit or prohibit electronically recorded forensic interviewing in accordance with provisions concerning surveillance and investigations in the Criminal Code of 2012 and Code of Criminal Procedure of 1963. Adds a definition and modifies a definition. Amends the Freedom of Information Act making conforming changes. Effective January 1, 2020.
LRB101 06234 AWJ 51260 b

A BILL FOR

HB0909LRB101 06234 AWJ 51260 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other records
19 prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

HB0909- 2 -LRB101 06234 AWJ 51260 b
1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a local
21 emergency energy plan ordinance that is adopted under
22 Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

HB0909- 3 -LRB101 06234 AWJ 51260 b
1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the Capital
15 Crimes Litigation Act. This subsection (n) shall apply
16 until the conclusion of the trial of the case, even if the
17 prosecution chooses not to pursue the death penalty prior
18 to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

HB0909- 4 -LRB101 06234 AWJ 51260 b
1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Records Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained in,
11 stored in, submitted to, transferred by, or released from
12 the Illinois Health Information Exchange, and identified
13 or deidentified health information in the form of health
14 data and medical records of the Illinois Health Information
15 Exchange in the possession of the Illinois Health
16 Information Exchange Authority due to its administration
17 of the Illinois Health Information Exchange. The terms
18 "identified" and "deidentified" shall be given the same
19 meaning as in the Health Insurance Portability and
20 Accountability Act of 1996, Public Law 104-191, or any
21 subsequent amendments thereto, and any regulations
22 promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

HB0909- 5 -LRB101 06234 AWJ 51260 b
1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed Carry
7 Licensing Review Board under the Firearm Concealed Carry
8 Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of an
22 eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

HB0909- 6 -LRB101 06234 AWJ 51260 b
1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Information that is exempted from disclosure
15 under the Revised Uniform Unclaimed Property Act.
16 (gg) Information that is prohibited from being
17 disclosed under Section 7-603.5 of the Illinois Vehicle
18 Code.
19 (hh) Records that are exempt from disclosure under
20 Section 1A-16.7 of the Election Code.
21 (ii) Information which is exempted from disclosure
22 under Section 2505-800 of the Department of Revenue Law of
23 the Civil Administrative Code of Illinois.
24 (jj) Information and reports that are required to be
25 submitted to the Department of Labor by registering day and
26 temporary labor service agencies but are exempt from

HB0909- 7 -LRB101 06234 AWJ 51260 b
1 disclosure under subsection (a-1) of Section 45 of the Day
2 and Temporary Labor Services Act.
3 (kk) Information prohibited from disclosure under the
4 Seizure and Forfeiture Reporting Act.
5 (ll) Information the disclosure of which is restricted
6 and exempted under Section 5-30.8 of the Illinois Public
7 Aid Code.
8 (mm) (ll) Records that are exempt from disclosure under
9 Section 4.2 of the Crime Victims Compensation Act.
10 (nn) (ll) Information that is exempt from disclosure
11 under Section 70 of the Higher Education Student Assistance
12 Act.
13 (oo) Recordings made under the Children's Advocacy
14 Center Act, except to the extent authorized under that Act.
15(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
16eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1799-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
18100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
198-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
20eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
21100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2210-12-18.)
23 Section 10. The Children's Advocacy Center Act is amended
24by changing Section 2.5 and by adding Section 4.5 as follows:

HB0909- 8 -LRB101 06234 AWJ 51260 b
1 (55 ILCS 80/2.5)
2 Sec. 2.5. Definitions. As used in this Section:
3 "Accreditation" means the process in which certification
4of competency, authority, or credibility is presented by
5standards set by the National Children's Alliance to ensure
6effective, efficient and consistent delivery of services by a
7CAC.
8 "Child maltreatment" includes any act or occurrence, as
9defined in Section 5 of the Criminal Code of 2012, under the
10Children and Family Services Act or the Juvenile Court Act of
111987 involving either a child victim or child witness.
12 "Children's Advocacy Center" or "CAC" is a child-focused,
13trauma-informed, facility-based program in which
14representatives from law enforcement, child protection,
15prosecution, mental health, forensic interviewing, medical,
16and victim advocacy disciplines collaborate to interview
17children, meet with a child's parent or parents, caregivers,
18and family members, and make team decisions about the
19investigation, prosecution, safety, treatment, and support
20services for child maltreatment cases.
21 "Children's Advocacy Centers of Illinois" or "CACI" is a
22state chapter of the National Children's Alliance ("NCA") and
23organizing entity for Children's Advocacy Centers in the State
24of Illinois. It defines membership and engages member CACs in
25the NCA accreditation process and collecting and sharing of
26data, and provides training, leadership, and technical

HB0909- 9 -LRB101 06234 AWJ 51260 b
1assistance to existing and emerging CACs in the State.
2 "Electronic recording" includes a motion picture,
3audiotape, videotape, or digital recording.
4 "Forensic interview" means an interview between a trained
5forensic interviewer, as defined by NCA standards, and a child
6in which the interviewer obtains information from children in
7an unbiased and fact finding manner that is developmentally
8appropriate and culturally sensitive to support accurate and
9fair decision making by the multidisciplinary team in the
10criminal justice and child protection systems. Whenever
11practical, all parties involved in investigating reports of
12child maltreatment shall observe the interview, which shall be
13electronically digitally recorded.
14 "Multidisciplinary team" or "MDT" means a group of
15professionals working collaboratively under a written
16protocol, who represent various disciplines from the point of a
17report of child maltreatment to assure the most effective
18coordinated response possible for every child. Employees from
19each participating entity shall be included on the MDT. A CAC's
20MDT must include professionals involved in the coordination,
21investigation, and prosecution of child abuse cases, including
22the CAC's staff, participating law enforcement agencies, the
23county state's attorney, and the Illinois Department of
24Children and Family Services, and must include professionals
25involved in the delivery of services to victims of child
26maltreatment and non-offending parent or parents, caregiver,

HB0909- 10 -LRB101 06234 AWJ 51260 b
1and their families.
2 "National Children's Alliance" or "NCA" means the
3professional membership organization dedicated to helping
4local communities respond to allegations of child abuse in an
5effective and efficient manner. NCA provides training,
6support, technical assistance and leadership on a national
7level to state and local CACs and communities responding to
8reports of child maltreatment. NCA is the national organization
9that provides the standards for CAC accreditation.
10 "Protocol" means a written methodology defining the
11responsibilities of each of the MDT members in the
12investigation and prosecution of child maltreatment within a
13defined jurisdiction. Written protocols are signed documents
14and are reviewed and/or updated annually, at a minimum, by a
15CAC's Advisory Board.
16(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
17 (55 ILCS 80/4.5 new)
18 Sec. 4.5. Forensic interviews; electronic recordings.
19 (a) Consent is not required for a forensic interview to be
20electronically recorded. Failure to record does not render a
21forensic interview inadmissible.
22 (b) A forensic interview, an electronic recording, or a
23transcription of a forensic interview or electronic recording
24is confidential and exempt from public inspection and copying
25under Section 7.5 of the Freedom of Information Act and may

HB0909- 11 -LRB101 06234 AWJ 51260 b
1only be viewed by a court, attorneys, investigators, or experts
2for the purpose of judicial and administrative hearings and
3shall not be disseminated except pursuant to a court's
4protective order.
5 (c) Nothing in this Act shall be construed to limit or
6prohibit electronically recorded forensic interviewing in
7accordance with Article 14 of the Criminal Code of 2012 or
8Article 108A or Article 108B of the Code of Criminal Procedure
9of 1963.
10 Section 99. Effective date. This Act takes effect January
111, 2020.
feedback