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| Public Act 102-0776
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| HB4559 Enrolled | LRB102 20314 RLC 29169 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom of Information Act is amended by |
changing Section 7 as follows:
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(5 ILCS 140/7) (from Ch. 116, par. 207) |
Sec. 7. Exemptions.
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(1) When a request is made to inspect or copy a public |
record that contains information that is exempt from |
disclosure under this Section, but also contains information |
that is not exempt from disclosure, the public body may elect |
to redact the information that is exempt. The public body |
shall make the remaining information available for inspection |
and copying. Subject to this requirement, the following shall |
be exempt from inspection and copying:
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(a) Information specifically prohibited from |
disclosure by federal or
State law or rules and |
regulations implementing federal or State law.
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(b) Private information, unless disclosure is required |
by another provision of this Act, a State or federal law, |
or a court order. |
(b-5) Files, documents, and other data or databases |
maintained by one or more law enforcement agencies and |
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specifically designed to provide information to one or |
more law enforcement agencies regarding the physical or |
mental status of one or more individual subjects. |
(c) Personal information contained within public |
records, the disclosure of which would constitute a |
clearly
unwarranted invasion of personal privacy, unless |
the disclosure is
consented to in writing by the |
individual subjects of the information. "Unwarranted |
invasion of personal privacy" means the disclosure of |
information that is highly personal or objectionable to a |
reasonable person and in which the subject's right to |
privacy outweighs any legitimate public interest in |
obtaining the information. The
disclosure of information |
that bears on the public duties of public
employees and |
officials shall not be considered an invasion of personal
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privacy.
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(d) Records in the possession of any public body |
created in the course of administrative enforcement
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proceedings, and any law enforcement or correctional |
agency for
law enforcement purposes,
but only to the |
extent that disclosure would:
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(i) interfere with pending or actually and |
reasonably contemplated
law enforcement proceedings |
conducted by any law enforcement or correctional
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agency that is the recipient of the request;
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(ii) interfere with active administrative |
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enforcement proceedings
conducted by the public body |
that is the recipient of the request;
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(iii) create a substantial likelihood that a |
person will be deprived of a fair trial or an impartial |
hearing;
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(iv) unavoidably disclose the identity of a |
confidential source, confidential information |
furnished only by the confidential source, or persons |
who file complaints with or provide information to |
administrative, investigative, law enforcement, or |
penal agencies; except that the identities of |
witnesses to traffic accidents, traffic accident |
reports, and rescue reports shall be provided by |
agencies of local government, except when disclosure |
would interfere with an active criminal investigation |
conducted by the agency that is the recipient of the |
request;
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(v) disclose unique or specialized investigative |
techniques other than
those generally used and known |
or disclose internal documents of
correctional |
agencies related to detection, observation or |
investigation of
incidents of crime or misconduct, and |
disclosure would result in demonstrable harm to the |
agency or public body that is the recipient of the |
request;
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(vi) endanger the life or physical safety of law |
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enforcement personnel
or any other person; or
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(vii) obstruct an ongoing criminal investigation |
by the agency that is the recipient of the request.
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(d-5) A law enforcement record created for law |
enforcement purposes and contained in a shared electronic |
record management system if the law enforcement agency |
that is the recipient of the request did not create the |
record, did not participate in or have a role in any of the |
events which are the subject of the record, and only has |
access to the record through the shared electronic record |
management system. |
(d-6) Records contained in the Officer Professional |
Conduct Database under Section 9.2 of the Illinois Police |
Training Act, except to the extent authorized under that |
Section. This includes the documents supplied to the |
Illinois Law Enforcement Training Standards Board from the |
Illinois State Police and Illinois State Police Merit |
Board. |
(e) Records that relate to or affect the security of |
correctional
institutions and detention facilities.
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(e-5) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional |
institution or facility or jail where the inmate is |
confined. |
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(e-6) Records requested by persons committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail if those |
materials include records from staff members' personnel |
files, staff rosters, or other staffing assignment |
information. |
(e-7) Records requested by persons committed to the |
Department of Corrections or Department of Human Services |
Division of Mental Health if those materials are available |
through an administrative request to the Department of |
Corrections or Department of Human Services Division of |
Mental Health. |
(e-8) Records requested by a person committed to the |
Department of Corrections, Department of Human Services |
Division of Mental Health, or a county jail, the |
disclosure of which would result in the risk of harm to any |
person or the risk of an escape from a jail or correctional |
institution or facility. |
(e-9) Records requested by a person in a county jail |
or committed to the Department of Corrections or |
Department of Human Services Division of Mental Health, |
containing personal information pertaining to the person's |
victim or the victim's family, including, but not limited |
to, a victim's home address, home telephone number, work |
or school address, work telephone number, social security |
number, or any other identifying information, except as |
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may be relevant to a requester's current or potential case |
or claim. |
(e-10) Law enforcement records of other persons |
requested by a person committed to the Department of |
Corrections, Department of Human Services Division of |
Mental Health, or a county jail, including, but not |
limited to, arrest and booking records, mug shots, and |
crime scene photographs, except as these records may be |
relevant to the requester's current or potential case or |
claim. |
(f) Preliminary drafts, notes, recommendations, |
memoranda, and other
records in which opinions are |
expressed, or policies or actions are
formulated, except |
that a specific record or relevant portion of a
record |
shall not be exempt when the record is publicly cited
and |
identified by the head of the public body. The exemption |
provided in
this paragraph (f) extends to all those |
records of officers and agencies
of the General Assembly |
that pertain to the preparation of legislative
documents.
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(g) Trade secrets and commercial or financial |
information obtained from
a person or business where the |
trade secrets or commercial or financial information are |
furnished under a claim that they are
proprietary, |
privileged, or confidential, and that disclosure of the |
trade
secrets or commercial or financial information would |
cause competitive harm to the person or business, and only |
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insofar as the claim directly applies to the records |
requested. |
The information included under this exemption includes |
all trade secrets and commercial or financial information |
obtained by a public body, including a public pension |
fund, from a private equity fund or a privately held |
company within the investment portfolio of a private |
equity fund as a result of either investing or evaluating |
a potential investment of public funds in a private equity |
fund. The exemption contained in this item does not apply |
to the aggregate financial performance information of a |
private equity fund, nor to the identity of the fund's |
managers or general partners. The exemption contained in |
this item does not apply to the identity of a privately |
held company within the investment portfolio of a private |
equity fund, unless the disclosure of the identity of a |
privately held company may cause competitive harm. |
Nothing contained in this
paragraph (g) shall be |
construed to prevent a person or business from
consenting |
to disclosure.
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(h) Proposals and bids for any contract, grant, or |
agreement, including
information which if it were |
disclosed would frustrate procurement or give
an advantage |
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection |
is made. Information
prepared by or for the body in |
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preparation of a bid solicitation shall be
exempt until an |
award or final selection is made.
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(i) Valuable formulae,
computer geographic systems,
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designs, drawings and research data obtained or
produced |
by any public body when disclosure could reasonably be |
expected to
produce private gain or public loss.
The |
exemption for "computer geographic systems" provided in |
this paragraph
(i) does not extend to requests made by |
news media as defined in Section 2 of
this Act when the |
requested information is not otherwise exempt and the only
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purpose of the request is to access and disseminate |
information regarding the
health, safety, welfare, or |
legal rights of the general public.
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(j) The following information pertaining to |
educational matters: |
(i) test questions, scoring keys, and other |
examination data used to
administer an academic |
examination;
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(ii) information received by a primary or |
secondary school, college, or university under its |
procedures for the evaluation of faculty members by |
their academic peers; |
(iii) information concerning a school or |
university's adjudication of student disciplinary |
cases, but only to the extent that disclosure would |
unavoidably reveal the identity of the student; and |
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(iv) course materials or research materials used |
by faculty members. |
(k) Architects' plans, engineers' technical |
submissions, and
other
construction related technical |
documents for
projects not constructed or developed in |
whole or in part with public funds
and the same for |
projects constructed or developed with public funds, |
including, but not limited to, power generating and |
distribution stations and other transmission and |
distribution facilities, water treatment facilities, |
airport facilities, sport stadiums, convention centers, |
and all government owned, operated, or occupied buildings, |
but
only to the extent
that disclosure would compromise |
security.
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(l) Minutes of meetings of public bodies closed to the
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public as provided in the Open Meetings Act until the |
public body
makes the minutes available to the public |
under Section 2.06 of the Open
Meetings Act.
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(m) Communications between a public body and an |
attorney or auditor
representing the public body that |
would not be subject to discovery in
litigation, and |
materials prepared or compiled by or for a public body in
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anticipation of a criminal, civil, or administrative |
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with |
respect to internal audits of public bodies.
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(n) Records relating to a public body's adjudication |
of employee grievances or disciplinary cases; however, |
this exemption shall not extend to the final outcome of |
cases in which discipline is imposed.
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(o) Administrative or technical information associated |
with automated
data processing operations, including, but |
not limited to, software,
operating protocols, computer |
program abstracts, file layouts, source
listings, object |
modules, load modules, user guides, documentation
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pertaining to all logical and physical design of |
computerized systems,
employee manuals, and any other |
information that, if disclosed, would
jeopardize the |
security of the system or its data or the security of
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materials exempt under this Section.
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(p) Records relating to collective negotiating matters
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between public bodies and their employees or |
representatives, except that
any final contract or |
agreement shall be subject to inspection and copying.
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(q) Test questions, scoring keys, and other |
examination data used to determine the qualifications of |
an applicant for a license or employment.
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(r) The records, documents, and information relating |
to real estate
purchase negotiations until those |
negotiations have been completed or
otherwise terminated. |
With regard to a parcel involved in a pending or
actually |
and reasonably contemplated eminent domain proceeding |
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under the Eminent Domain Act, records, documents, and
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information relating to that parcel shall be exempt except |
as may be
allowed under discovery rules adopted by the |
Illinois Supreme Court. The
records, documents, and |
information relating to a real estate sale shall be
exempt |
until a sale is consummated.
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(s) Any and all proprietary information and records |
related to the
operation of an intergovernmental risk |
management association or
self-insurance pool or jointly |
self-administered health and accident
cooperative or pool.
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Insurance or self insurance (including any |
intergovernmental risk management association or self |
insurance pool) claims, loss or risk management |
information, records, data, advice or communications.
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(t) Information contained in or related to |
examination, operating, or
condition reports prepared by, |
on behalf of, or for the use of a public
body responsible |
for the regulation or supervision of financial
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institutions, insurance companies, or pharmacy benefit |
managers, unless disclosure is otherwise
required by State |
law.
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(u) Information that would disclose
or might lead to |
the disclosure of
secret or confidential information, |
codes, algorithms, programs, or private
keys intended to |
be used to create electronic signatures under the Uniform |
Electronic Transactions Act.
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(v) Vulnerability assessments, security measures, and |
response policies
or plans that are designed to identify, |
prevent, or respond to potential
attacks upon a |
community's population or systems, facilities, or |
installations,
the destruction or contamination of which |
would constitute a clear and present
danger to the health |
or safety of the community, but only to the extent that
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disclosure could reasonably be expected to jeopardize the |
effectiveness of the
measures or the safety of the |
personnel who implement them or the public.
Information |
exempt under this item may include such things as details
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pertaining to the mobilization or deployment of personnel |
or equipment, to the
operation of communication systems or |
protocols, or to tactical operations.
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(w) (Blank). |
(x) Maps and other records regarding the location or |
security of generation, transmission, distribution, |
storage, gathering,
treatment, or switching facilities |
owned by a utility, by a power generator, or by the |
Illinois Power Agency.
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(y) Information contained in or related to proposals, |
bids, or negotiations related to electric power |
procurement under Section 1-75 of the Illinois Power |
Agency Act and Section 16-111.5 of the Public Utilities |
Act that is determined to be confidential and proprietary |
by the Illinois Power Agency or by the Illinois Commerce |
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Commission.
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(z) Information about students exempted from |
disclosure under Sections 10-20.38 or 34-18.29 of the |
School Code, and information about undergraduate students |
enrolled at an institution of higher education exempted |
from disclosure under Section 25 of the Illinois Credit |
Card Marketing Act of 2009. |
(aa) Information the disclosure of which is
exempted |
under the Viatical Settlements Act of 2009.
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(bb) Records and information provided to a mortality |
review team and records maintained by a mortality review |
team appointed under the Department of Juvenile Justice |
Mortality Review Team Act. |
(cc) Information regarding interments, entombments, or |
inurnments of human remains that are submitted to the |
Cemetery Oversight Database under the Cemetery Care Act or |
the Cemetery Oversight Act, whichever is applicable. |
(dd) 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. |
(ee) The names, addresses, or other personal |
information of persons who are minors and are also |
participants and registrants in programs of park |
districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
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associations. |
(ff) The names, addresses, or other personal |
information of participants and registrants in programs of |
park districts, forest preserve districts, conservation |
districts, recreation agencies, and special recreation |
associations where such programs are targeted primarily to |
minors. |
(gg) Confidential information described in Section |
1-100 of the Illinois Independent Tax Tribunal Act of |
2012. |
(hh) The report submitted to the State Board of |
Education by the School Security and Standards Task Force |
under item (8) of subsection (d) of Section 2-3.160 of the |
School Code and any information contained in that report. |
(ii) Records requested by persons committed to or |
detained by the Department of Human Services under the |
Sexually Violent Persons Commitment Act or committed to |
the Department of Corrections under the Sexually Dangerous |
Persons Act if those materials: (i) are available in the |
library of the facility where the individual is confined; |
(ii) include records from staff members' personnel files, |
staff rosters, or other staffing assignment information; |
or (iii) are available through an administrative request |
to the Department of Human Services or the Department of |
Corrections. |
(jj) Confidential information described in Section |
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5-535 of the Civil Administrative Code of Illinois. |
(kk) The public body's credit card numbers, debit card |
numbers, bank account numbers, Federal Employer |
Identification Number, security code numbers, passwords, |
and similar account information, the disclosure of which |
could result in identity theft or impression or defrauding |
of a governmental entity or a person. |
(ll) Records concerning the work of the threat |
assessment team of a school district. |
(mm) Records described in subsection (f) of Section |
3-5-1 of the Unified Code of Corrections. |
(1.5) Any information exempt from disclosure under the |
Judicial Privacy Act shall be redacted from public records |
prior to disclosure under this Act. |
(2) A public record that is not in the possession of a |
public body but is in the possession of a party with whom the |
agency has contracted to perform a governmental function on |
behalf of the public body, and that directly relates to the |
governmental function and is not otherwise exempt under this |
Act, shall be considered a public record of the public body, |
for purposes of this Act. |
(3) This Section does not authorize withholding of |
information or limit the
availability of records to the |
public, except as stated in this Section or
otherwise provided |
in this Act.
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(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
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101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. |
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; revised |
2-3-22.)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 3-5-1 as follows:
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(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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Sec. 3-5-1. Master Record File.
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(a) The Department of Corrections and the Department of |
Juvenile Justice shall
maintain a master record file on each |
person committed to it,
which shall contain the following |
information:
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(1) all information from the committing court;
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(1.5) ethnic and racial background data collected in |
accordance with Section 4.5 of the Criminal Identification |
Act; |
(2) reception summary;
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(3) evaluation and assignment reports and |
recommendations;
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(4) reports as to program assignment and progress;
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(5) reports of disciplinary infractions and |
disposition, including tickets and Administrative Review |
Board action;
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(6) any parole or aftercare release plan;
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(7) any parole or aftercare release reports;
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(8) the date and circumstances of final discharge; |
(9) criminal history; |
(10) current and past gang affiliations and ranks; |
(11) information regarding associations and family |
relationships; |
(12) any grievances filed and responses to those |
grievances; and |
(13) other information that the respective Department |
determines is relevant to the secure confinement and |
rehabilitation of the committed person.
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(b) All files shall be confidential and access shall be
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limited to authorized personnel of the respective Department.
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Personnel of other correctional, welfare or law enforcement
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agencies may have access to files under rules and regulations
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of the respective Department. The respective Department shall |
keep a record of all
outside personnel who have access to |
files, the files reviewed,
any file material copied, and the |
purpose of access. If the
respective Department or the |
Prisoner Review Board makes a determination
under this Code |
which affects the length of the period of
confinement or |
commitment, the committed person and his counsel
shall be |
advised of factual information relied upon by the
respective |
Department or Board to make the determination, provided that
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the Department or Board shall not be required to advise a
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person committed to the Department of Juvenile Justice any |
such information
which in the opinion of the Department of |
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Juvenile Justice or Board would be
detrimental to his |
treatment or rehabilitation.
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(c) The master file shall be maintained at a place
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convenient to its use by personnel of the respective |
Department in
charge of the person. When custody of a person is |
transferred
from the Department to another department or |
agency, a
summary of the file shall be forwarded to the |
receiving
agency with such other information required by law |
or
requested by the agency under rules and regulations of the
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respective Department.
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(d) The master file of a person no longer in the custody
of |
the respective Department shall be placed on inactive status |
and its
use shall be restricted subject to rules and |
regulations of
the Department.
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(e) All public agencies may make available to the
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respective Department on request any factual data not |
otherwise
privileged as a matter of law in their possession in |
respect
to individuals committed to the respective Department.
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(f) A committed person may request a summary of the |
committed person's master record file once per year and the |
committed person's attorney may request one summary of the |
committed person's master record file once per year. The |
Department shall create a form for requesting this summary, |
and shall make that form available to committed persons and to |
the public on its website. Upon receipt of the request form, |
the Department shall provide the summary within 15 days. The |
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summary must contain, unless otherwise prohibited by law: |
(1) the person's name, ethnic, racial, and other |
identifying information; |
(2) all digitally available information from the |
committing court; |
(3) all information in the Offender 360 system on the |
person's criminal history; |
(4) the person's complete assignment history in the |
Department of Corrections; |
(5) the person's disciplinary card; |
(6) additional records about up to 3 specific |
disciplinary incidents as identified by the requester; |
(7) any available records about up to 5 specific |
grievances filed by the person, as identified by the |
requester; and |
(8) the records of all grievances filed on or after |
January 1, 2023. |
Notwithstanding any provision of this subsection (f) to |
the contrary, a committed person's master record file is not |
subject to disclosure and copying under the Freedom of |
Information Act. |
(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15; |
98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
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