Bill Text: IL HB3916 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that, with exceptions, communications pertaining to peer support counseling sessions for emergency services or public safety personnel are privileged and confidential. Provides that any communication made by a participant or counselor in a peer support counseling session, and any oral or written information conveyed in a peer support counseling session, is not admissible in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Provides that communications and information shall not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Provides that any notes, records, or reports arising out of a peer support counseling session are exempt from the disclosure requirements of the Freedom of Information Act and makes a corresponding change in the Freedom of Information Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-16 - Tabled [HB3916 Detail]

Download: Illinois-2017-HB3916-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3916 Introduced 2/10/2017, by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
735 ILCS 5/8-805 new
Amends the Code of Civil Procedure. Provides that, with exceptions, communications pertaining to peer support counseling sessions for emergency services or public safety personnel are privileged and confidential. Provides that any communication made by a participant or counselor in a peer support counseling session, and any oral or written information conveyed in a peer support counseling session, is not admissible in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Provides that communications and information shall not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Provides that any notes, records, or reports arising out of a peer support counseling session are exempt from the disclosure requirements of the Freedom of Information Act and makes a corresponding change in the Freedom of Information Act.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
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

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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 wireless
carriers under the Wireless Emergency Telephone Safety
Act.

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(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

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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 Records 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 Authority 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 Brian's Law.
(v) Names and information of people who have applied

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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

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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) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under Section 8-805 of the Code of Civil Procedure.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
Section 10. The Code of Civil Procedure is amended by
adding Section 8-805 as follows:
(735 ILCS 5/8-805 new)
Sec. 8-805. Statements made during peer counseling

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sessions.
(a) As used in this Section:
"Emergency services provider" means any public employer
that employs persons to provide firefighting services.
"Emergency services personnel" means any employee of an
emergency services provider who is engaged in providing
firefighting services.
"Employee assistance program" means a program established
by a law enforcement agency or emergency services provider to
provide counseling or support services to employees of the law
enforcement agency or emergency services provider.
"Law enforcement agency" means an agency of the State or a
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances and includes a campus police department.
"Public safety personnel" means a sheriff, deputy sheriff,
municipal police officer, State police officer, parole and
probation officer, corrections employee, certified reserve
officer, telecommunicator, or emergency medical dispatcher.
"Peer support counseling sessions" means critical incident
stress management sessions for public safety or emergency
services personnel who have been involved in emotionally
traumatic incidents by reason of their employment.
(b) Any communication made by a participant or counselor in
a peer support counseling session conducted by a law
enforcement agency or by an emergency services provider for

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public safety personnel or emergency services personnel, and
any oral or written information conveyed in the peer support
counseling session, is confidential and may not be disclosed by
any person participating in the peer support counseling
session.
(c) Any communication relating to a peer support counseling
session made confidential under subsection (b) of this Section
that is made between counselors, between counselors and the
supervisors or staff of an employee assistance program, or
between the supervisors or staff of an employee assistance
program, is confidential and may not be disclosed.
(d) This Section applies only to peer support counseling
sessions conducted by an employee or other person who:
(1) has been designated by a law enforcement agency or
emergency services provider, or by an employee assistance
program, to act as a counselor; and
(2) has received training in counseling and in
providing emotional and moral support to public safety
personnel or emergency services personnel who have been
involved in emotionally traumatic incidents by reason of
their employment or who have been involved in emotionally
traumatic incidents outside of employment that affect
their abilities to execute their duties.
(e) This Section applies to all oral communications, notes,
records, and reports arising out of a peer support counseling
session. Any notes, records, or reports arising out of a peer

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support counseling session are exempt from the disclosure
requirements of the Freedom of Information Act.
(f) Any communication made by a participant or counselor in
a peer support counseling session subject to this Section, and
any oral or written information conveyed in a peer support
counseling session subject to this Section, is not admissible
in any judicial proceeding, administrative proceeding,
arbitration proceeding, or other adjudicatory proceeding.
Communications and information made confidential under this
Section shall not be disclosed by the participants in any
judicial proceeding, administrative proceeding, arbitration
proceeding, or other adjudicatory proceeding. The limitations
on disclosure imposed by this Section include disclosure during
any discovery conducted as part of an adjudicatory proceeding.
(g) Nothing in this Section limits the discovery or
introduction in evidence of knowledge acquired by any public
safety personnel or emergency services personnel from
observation made during the course of employment, or material
or information acquired during the course of employment, that
is otherwise subject to discovery or introduction in evidence.
(h) This Section does not apply to:
(1) any threat of suicide or homicide made by a
participant in a peer support counseling session, or any
information conveyed in a peer support counseling session
relating to a threat of suicide or homicide;
(2) any information relating to abuse of children or of

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the elderly, or other information that is required to be
reported by law; or
(3) any admission of criminal conduct.
(i) This Section does not prohibit any communications
between counselors who conduct peer support counseling
sessions, or any communications between counselors and the
supervisors or staff of an employee assistance program.