Bill Text: IL HB5374 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Freedom of Information Act. Exempts from inspection and copying records concerning a school employee's determination about whether an individual poses a clear and present danger, a school district's report of a threat to law enforcement, or an action by a school district under the Firearms Restraining Order Act. Amends the Mental Health and Developmental Disabilities Code. Provides that when the Illinois State Police is notified that a person has been determined to pose a clear and present danger, it shall determine whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Amends the Firearm Owners Identification Card Act. Provides that when the Illinois State Police is notified that a person has been determined to pose a clear and present danger, the Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card and whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Provides that any information disclosed under this provision shall remain privileged and confidential, and shall not be redisclosed, except as required under the provisions reporting a person who is prohibited from possessing a firearm to the National Instant Criminal Background Check System Index, Denied Persons Files or for the purpose of an action under the Firearms Restraining Order Act. Amends the Firearms Restraining Order Act. Provides that a school district board of directors or board of education may by policy or resolution authorize a designee or designees to file petitions for firearms restraining orders on its behalf with or without prior board approval of a specific petition. Provides that for any petition filed by a designee without prior board approval, the board must approve a resolution ratifying the specific petition as soon as possible after the filing of the petition, but no later than 30 days after the filing of the petition.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2022-07-14 - Added Co-Sponsor Rep. Denyse Wang Stoneback [HB5374 Detail]
Download: Illinois-2021-HB5374-Introduced.html
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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows:
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6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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7 | Sec. 2. Open meetings.
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8 | (a) Openness required. All meetings of public
bodies shall | |||||||||||||||||||
9 | be open to the public unless excepted in subsection (c)
and | |||||||||||||||||||
10 | closed in accordance with Section 2a.
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11 | (b) Construction of exceptions. The exceptions contained | |||||||||||||||||||
12 | in subsection
(c) are in derogation of the requirement that | |||||||||||||||||||
13 | public bodies
meet in the open, and therefore, the exceptions | |||||||||||||||||||
14 | are to be strictly
construed, extending only to subjects | |||||||||||||||||||
15 | clearly within their scope.
The exceptions authorize but do | |||||||||||||||||||
16 | not require the holding of
a closed meeting to discuss a | |||||||||||||||||||
17 | subject included within an enumerated exception.
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18 | (c) Exceptions. A public body may hold closed meetings to | |||||||||||||||||||
19 | consider the
following subjects:
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20 | (1) The appointment, employment, compensation, | |||||||||||||||||||
21 | discipline, performance,
or dismissal of specific | |||||||||||||||||||
22 | employees, specific individuals who serve as independent | |||||||||||||||||||
23 | contractors in a park, recreational, or educational |
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1 | setting, or specific volunteers of the public body or | ||||||
2 | legal counsel for
the public body, including hearing
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3 | testimony on a complaint lodged against an employee, a | ||||||
4 | specific individual who serves as an independent | ||||||
5 | contractor in a park, recreational, or educational | ||||||
6 | setting, or a volunteer of the public body or
against | ||||||
7 | legal counsel for the public body to determine its | ||||||
8 | validity. However, a meeting to consider an increase in | ||||||
9 | compensation to a specific employee of a public body that | ||||||
10 | is subject to the Local Government Wage Increase | ||||||
11 | Transparency Act may not be closed and shall be open to the | ||||||
12 | public and posted and held in accordance with this Act.
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13 | (2) Collective negotiating matters between the public | ||||||
14 | body and its
employees or their representatives, or | ||||||
15 | deliberations concerning salary
schedules for one or more | ||||||
16 | classes of employees.
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17 | (3) The selection of a person to fill a public office,
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18 | as defined in this Act, including a vacancy in a public | ||||||
19 | office, when the public
body is given power to appoint | ||||||
20 | under law or ordinance, or the discipline,
performance or | ||||||
21 | removal of the occupant of a public office, when the | ||||||
22 | public body
is given power to remove the occupant under | ||||||
23 | law or ordinance.
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24 | (4) Evidence or testimony presented in open hearing, | ||||||
25 | or in closed
hearing where specifically authorized by law, | ||||||
26 | to
a quasi-adjudicative body, as defined in this Act, |
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1 | provided that the body
prepares and makes available for | ||||||
2 | public inspection a written decision
setting forth its | ||||||
3 | determinative reasoning.
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4 | (5) The purchase or lease of real property for the use | ||||||
5 | of
the public body, including meetings held for the | ||||||
6 | purpose of discussing
whether a particular parcel should | ||||||
7 | be acquired.
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8 | (6) The setting of a price for sale or lease of | ||||||
9 | property owned
by the public body.
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10 | (7) The sale or purchase of securities, investments, | ||||||
11 | or investment
contracts. This exception shall not apply to | ||||||
12 | the investment of assets or income of funds deposited into | ||||||
13 | the Illinois Prepaid Tuition Trust Fund.
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14 | (8) Security procedures, school building safety and | ||||||
15 | security, and the use of personnel , and
equipment , | ||||||
16 | reporting to law enforcement, or legal action to respond | ||||||
17 | to an actual, a threatened, or a reasonably
potential | ||||||
18 | danger to the safety of employees, students, staff, the | ||||||
19 | public, or
public
property.
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20 | (9) Student disciplinary cases.
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21 | (10) The placement of individual students in special | ||||||
22 | education
programs and other matters relating to | ||||||
23 | individual students.
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24 | (11) Litigation, when an action against, affecting or | ||||||
25 | on behalf of the
particular public body has been filed and | ||||||
26 | is pending before a court or
administrative tribunal, or |
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1 | when the public body finds that an action is
probable or | ||||||
2 | imminent, in which case the basis for the finding shall be
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3 | recorded and entered into the minutes of the closed | ||||||
4 | meeting.
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5 | (12) The establishment of reserves or settlement of | ||||||
6 | claims as provided
in the Local Governmental and | ||||||
7 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
8 | disposition of a claim or potential claim might be
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9 | prejudiced, or the review or discussion of claims, loss or | ||||||
10 | risk management
information, records, data, advice or | ||||||
11 | communications from or with respect
to any insurer of the | ||||||
12 | public body or any intergovernmental risk management
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13 | association or self insurance pool of which the public | ||||||
14 | body is a member.
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15 | (13) Conciliation of complaints of discrimination in | ||||||
16 | the sale or rental
of housing, when closed meetings are | ||||||
17 | authorized by the law or ordinance
prescribing fair | ||||||
18 | housing practices and creating a commission or
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19 | administrative agency for their enforcement.
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20 | (14) Informant sources, the hiring or assignment of | ||||||
21 | undercover personnel
or equipment, or ongoing, prior or | ||||||
22 | future criminal investigations, when
discussed by a public | ||||||
23 | body with criminal investigatory responsibilities.
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24 | (15) Professional ethics or performance when | ||||||
25 | considered by an advisory
body appointed to advise a | ||||||
26 | licensing or regulatory agency on matters
germane to the |
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1 | advisory body's field of competence.
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2 | (16) Self evaluation, practices and procedures or | ||||||
3 | professional ethics,
when meeting with a representative of | ||||||
4 | a statewide association of which the
public body is a | ||||||
5 | member.
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6 | (17) The recruitment, credentialing, discipline or | ||||||
7 | formal peer review
of physicians or other
health care | ||||||
8 | professionals, or for the discussion of matters protected | ||||||
9 | under the federal Patient Safety and Quality Improvement | ||||||
10 | Act of 2005, and the regulations promulgated thereunder, | ||||||
11 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
12 | Health Insurance Portability and Accountability Act of | ||||||
13 | 1996, and the regulations promulgated thereunder, | ||||||
14 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
15 | hospital, or
other institution providing medical care, | ||||||
16 | that is operated by the public body.
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17 | (18) Deliberations for decisions of the Prisoner | ||||||
18 | Review Board.
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19 | (19) Review or discussion of applications received | ||||||
20 | under the
Experimental Organ Transplantation Procedures | ||||||
21 | Act.
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22 | (20) The classification and discussion of matters | ||||||
23 | classified as
confidential or continued confidential by | ||||||
24 | the State Government Suggestion Award
Board.
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25 | (21) Discussion of minutes of meetings lawfully closed | ||||||
26 | under this Act,
whether for purposes of approval by the |
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1 | body of the minutes or semi-annual
review of the minutes | ||||||
2 | as mandated by Section 2.06.
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3 | (22) Deliberations for decisions of the State
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4 | Emergency Medical Services Disciplinary
Review Board.
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5 | (23) The operation by a municipality of a municipal | ||||||
6 | utility or the
operation of a
municipal power agency or | ||||||
7 | municipal natural gas agency when the
discussion involves | ||||||
8 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
9 | of electricity or natural gas or (ii) the results
or | ||||||
10 | conclusions of load forecast studies.
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11 | (24) Meetings of a residential health care facility | ||||||
12 | resident sexual
assault and death review
team or
the | ||||||
13 | Executive
Council under the Abuse Prevention Review
Team | ||||||
14 | Act.
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15 | (25) Meetings of an independent team of experts under | ||||||
16 | Brian's Law. | ||||||
17 | (26) Meetings of a mortality review team appointed | ||||||
18 | under the Department of Juvenile Justice Mortality Review | ||||||
19 | Team Act. | ||||||
20 | (27) (Blank). | ||||||
21 | (28) Correspondence and records (i) that may not be | ||||||
22 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
23 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
24 | the Illinois Public Aid Code. | ||||||
25 | (29) Meetings between internal or external auditors | ||||||
26 | and governmental audit committees, finance committees, and |
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1 | their equivalents, when the discussion involves internal | ||||||
2 | control weaknesses, identification of potential fraud risk | ||||||
3 | areas, known or suspected frauds, and fraud interviews | ||||||
4 | conducted in accordance with generally accepted auditing | ||||||
5 | standards of the United States of America. | ||||||
6 | (30) Those meetings or portions of meetings of a | ||||||
7 | fatality review team or the Illinois Fatality Review Team | ||||||
8 | Advisory Council during which a review of the death of an | ||||||
9 | eligible adult in which abuse or neglect is suspected, | ||||||
10 | alleged, or substantiated is conducted pursuant to Section | ||||||
11 | 15 of the Adult Protective Services Act. | ||||||
12 | (31) Meetings and deliberations for decisions of the | ||||||
13 | Concealed Carry Licensing Review Board under the Firearm | ||||||
14 | Concealed Carry Act. | ||||||
15 | (32) Meetings between the Regional Transportation | ||||||
16 | Authority Board and its Service Boards when the discussion | ||||||
17 | involves review by the Regional Transportation Authority | ||||||
18 | Board of employment contracts under Section 28d of the | ||||||
19 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
20 | 3B.26 of the Regional Transportation Authority Act. | ||||||
21 | (33) Those meetings or portions of meetings of the | ||||||
22 | advisory committee and peer review subcommittee created | ||||||
23 | under Section 320 of the Illinois Controlled Substances | ||||||
24 | Act during which specific controlled substance prescriber, | ||||||
25 | dispenser, or patient information is discussed. | ||||||
26 | (34) Meetings of the Tax Increment Financing Reform |
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1 | Task Force under Section 2505-800 of the Department of | ||||||
2 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
3 | (35) Meetings of the group established to discuss | ||||||
4 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
5 | Illinois Public Aid Code. | ||||||
6 | (36) Those deliberations or portions of deliberations | ||||||
7 | for decisions of the Illinois Gaming Board in which there | ||||||
8 | is discussed any of the following: (i) personal, | ||||||
9 | commercial, financial, or other information obtained from | ||||||
10 | any source that is privileged, proprietary, confidential, | ||||||
11 | or a trade secret; or (ii) information specifically | ||||||
12 | exempted from the disclosure by federal or State law. | ||||||
13 | (37) Deliberations for decisions of the Illinois Law
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14 | Enforcement Training Standards Board, the Certification | ||||||
15 | Review Panel, and the Illinois State Police Merit Board | ||||||
16 | regarding certification and decertification. | ||||||
17 | (38) Meetings of the Ad Hoc Statewide Domestic
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18 | Violence Fatality Review Committee of the Illinois | ||||||
19 | Criminal
Justice Information Authority Board that occur in | ||||||
20 | closed executive session under subsection (d) of Section | ||||||
21 | 35 of the Domestic Violence Fatality Review Act. | ||||||
22 | (39) Meetings of the regional review teams under | ||||||
23 | subsection (a) of Section 75 of the Domestic Violence | ||||||
24 | Fatality Review Act. | ||||||
25 | (40) (38) Meetings of the Firearm Owner's | ||||||
26 | Identification Card Review Board under Section 10 of the |
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1 | Firearm Owners Identification Card Act. | ||||||
2 | (d) Definitions. For purposes of this Section:
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3 | "Employee" means a person employed by a public body whose | ||||||
4 | relationship
with the public body constitutes an | ||||||
5 | employer-employee relationship under
the usual common law | ||||||
6 | rules, and who is not an independent contractor.
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7 | "Public office" means a position created by or under the
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8 | Constitution or laws of this State, the occupant of which is | ||||||
9 | charged with
the exercise of some portion of the sovereign | ||||||
10 | power of this State. The term
"public office" shall include | ||||||
11 | members of the public body, but it shall not
include | ||||||
12 | organizational positions filled by members thereof, whether
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13 | established by law or by a public body itself, that exist to | ||||||
14 | assist the
body in the conduct of its business.
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15 | "Quasi-adjudicative body" means an administrative body | ||||||
16 | charged by law or
ordinance with the responsibility to conduct | ||||||
17 | hearings, receive evidence or
testimony and make | ||||||
18 | determinations based
thereon, but does not include
local | ||||||
19 | electoral boards when such bodies are considering petition | ||||||
20 | challenges.
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21 | (e) Final action. No final action may be taken at a closed | ||||||
22 | meeting.
Final action shall be preceded by a public recital of | ||||||
23 | the nature of the
matter being considered and other | ||||||
24 | information that will inform the
public of the business being | ||||||
25 | conducted.
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26 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; |
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1 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
2 | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
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3 | Section 10. The Freedom of Information Act is amended by | ||||||
4 | changing Section 7 as follows:
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5 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
6 | Sec. 7. Exemptions.
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7 | (1) When a request is made to inspect or copy a public | ||||||
8 | record that contains information that is exempt from | ||||||
9 | disclosure under this Section, but also contains information | ||||||
10 | that is not exempt from disclosure, the public body may elect | ||||||
11 | to redact the information that is exempt. The public body | ||||||
12 | shall make the remaining information available for inspection | ||||||
13 | and copying. Subject to this requirement, the following shall | ||||||
14 | be exempt from inspection and copying:
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15 | (a) Information specifically prohibited from | ||||||
16 | disclosure by federal or
State law or rules and | ||||||
17 | regulations implementing federal or State law.
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18 | (b) Private information, unless disclosure is required | ||||||
19 | by another provision of this Act, a State or federal law or | ||||||
20 | a court order. | ||||||
21 | (b-5) Files, documents, and other data or databases | ||||||
22 | maintained by one or more law enforcement agencies and | ||||||
23 | specifically designed to provide information to one or | ||||||
24 | more law enforcement agencies regarding the physical or |
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1 | mental status of one or more individual subjects. | ||||||
2 | (c) Personal information contained within public | ||||||
3 | records, the disclosure of which would constitute a | ||||||
4 | clearly
unwarranted invasion of personal privacy, unless | ||||||
5 | the disclosure is
consented to in writing by the | ||||||
6 | individual subjects of the information. "Unwarranted | ||||||
7 | invasion of personal privacy" means the disclosure of | ||||||
8 | information that is highly personal or objectionable to a | ||||||
9 | reasonable person and in which the subject's right to | ||||||
10 | privacy outweighs any legitimate public interest in | ||||||
11 | obtaining the information. The
disclosure of information | ||||||
12 | that bears on the public duties of public
employees and | ||||||
13 | officials shall not be considered an invasion of personal
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14 | privacy.
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15 | (d) Records in the possession of any public body | ||||||
16 | created in the course of administrative enforcement
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17 | proceedings, and any law enforcement or correctional | ||||||
18 | agency for
law enforcement purposes,
but only to the | ||||||
19 | extent that disclosure would:
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20 | (i) interfere with pending or actually and | ||||||
21 | reasonably contemplated
law enforcement proceedings | ||||||
22 | conducted by any law enforcement or correctional
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23 | agency that is the recipient of the request;
| ||||||
24 | (ii) interfere with active administrative | ||||||
25 | enforcement proceedings
conducted by the public body | ||||||
26 | that is the recipient of the request;
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1 | (iii) create a substantial likelihood that a | ||||||
2 | person will be deprived of a fair trial or an impartial | ||||||
3 | hearing;
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4 | (iv) unavoidably disclose the identity of a | ||||||
5 | confidential source, confidential information | ||||||
6 | furnished only by the confidential source, or persons | ||||||
7 | who file complaints with or provide information to | ||||||
8 | administrative, investigative, law enforcement, or | ||||||
9 | penal agencies; except that the identities of | ||||||
10 | witnesses to traffic accidents, traffic accident | ||||||
11 | reports, and rescue reports shall be provided by | ||||||
12 | agencies of local government, except when disclosure | ||||||
13 | would interfere with an active criminal investigation | ||||||
14 | conducted by the agency that is the recipient of the | ||||||
15 | request;
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16 | (v) disclose unique or specialized investigative | ||||||
17 | techniques other than
those generally used and known | ||||||
18 | or disclose internal documents of
correctional | ||||||
19 | agencies related to detection, observation or | ||||||
20 | investigation of
incidents of crime or misconduct, and | ||||||
21 | disclosure would result in demonstrable harm to the | ||||||
22 | agency or public body that is the recipient of the | ||||||
23 | request;
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24 | (vi) endanger the life or physical safety of law | ||||||
25 | enforcement personnel
or any other person; or
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26 | (vii) obstruct an ongoing criminal investigation |
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1 | by the agency that is the recipient of the request.
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2 | (d-5) A law enforcement record created for law | ||||||
3 | enforcement purposes and contained in a shared electronic | ||||||
4 | record management system if the law enforcement agency | ||||||
5 | that is the recipient of the request did not create the | ||||||
6 | record, did not participate in or have a role in any of the | ||||||
7 | events which are the subject of the record, and only has | ||||||
8 | access to the record through the shared electronic record | ||||||
9 | management system. | ||||||
10 | (d-6) Records contained in the Officer Professional | ||||||
11 | Conduct Database under Section 9.2 9.4 of the Illinois | ||||||
12 | Police Training Act, except to the extent authorized under | ||||||
13 | that Section. This includes the documents supplied to the | ||||||
14 | Illinois Law Enforcement Training Standards Board from the | ||||||
15 | Illinois State Police and Illinois State Police Merit | ||||||
16 | Board. | ||||||
17 | (e) Records that relate to or affect the security of | ||||||
18 | correctional
institutions and detention facilities.
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19 | (e-5) Records requested by persons committed to the | ||||||
20 | Department of Corrections, Department of Human Services | ||||||
21 | Division of Mental Health, or a county jail if those | ||||||
22 | materials are available in the library of the correctional | ||||||
23 | institution or facility or jail where the inmate is | ||||||
24 | confined. | ||||||
25 | (e-6) Records requested by persons committed to the | ||||||
26 | Department of Corrections, Department of Human Services |
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1 | Division of Mental Health, or a county jail if those | ||||||
2 | materials include records from staff members' personnel | ||||||
3 | files, staff rosters, or other staffing assignment | ||||||
4 | information. | ||||||
5 | (e-7) Records requested by persons committed to the | ||||||
6 | Department of Corrections or Department of Human Services | ||||||
7 | Division of Mental Health if those materials are available | ||||||
8 | through an administrative request to the Department of | ||||||
9 | Corrections or Department of Human Services Division of | ||||||
10 | Mental Health. | ||||||
11 | (e-8) Records requested by a person committed to the | ||||||
12 | Department of Corrections, Department of Human Services | ||||||
13 | Division of Mental Health, or a county jail, the | ||||||
14 | disclosure of which would result in the risk of harm to any | ||||||
15 | person or the risk of an escape from a jail or correctional | ||||||
16 | institution or facility. | ||||||
17 | (e-9) Records requested by a person in a county jail | ||||||
18 | or committed to the Department of Corrections or | ||||||
19 | Department of Human Services Division of Mental Health, | ||||||
20 | containing personal information pertaining to the person's | ||||||
21 | victim or the victim's family, including, but not limited | ||||||
22 | to, a victim's home address, home telephone number, work | ||||||
23 | or school address, work telephone number, social security | ||||||
24 | number, or any other identifying information, except as | ||||||
25 | may be relevant to a requester's current or potential case | ||||||
26 | or claim. |
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1 | (e-10) Law enforcement records of other persons | ||||||
2 | requested by a person committed to the Department of | ||||||
3 | Corrections, Department of Human Services Division of | ||||||
4 | Mental Health, or a county jail, including, but not | ||||||
5 | limited to, arrest and booking records, mug shots, and | ||||||
6 | crime scene photographs, except as these records may be | ||||||
7 | relevant to the requester's current or potential case or | ||||||
8 | claim. | ||||||
9 | (f) Preliminary drafts, notes, recommendations, | ||||||
10 | memoranda and other
records in which opinions are | ||||||
11 | expressed, or policies or actions are
formulated, except | ||||||
12 | that a specific record or relevant portion of a
record | ||||||
13 | shall not be exempt when the record is publicly cited
and | ||||||
14 | identified by the head of the public body. The exemption | ||||||
15 | provided in
this paragraph (f) extends to all those | ||||||
16 | records of officers and agencies
of the General Assembly | ||||||
17 | that pertain to the preparation of legislative
documents.
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18 | (g) Trade secrets and commercial or financial | ||||||
19 | information obtained from
a person or business where the | ||||||
20 | trade secrets or commercial or financial information are | ||||||
21 | furnished under a claim that they are
proprietary, | ||||||
22 | privileged, or confidential, and that disclosure of the | ||||||
23 | trade
secrets or commercial or financial information would | ||||||
24 | cause competitive harm to the person or business, and only | ||||||
25 | insofar as the claim directly applies to the records | ||||||
26 | requested. |
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1 | The information included under this exemption includes | ||||||
2 | all trade secrets and commercial or financial information | ||||||
3 | obtained by a public body, including a public pension | ||||||
4 | fund, from a private equity fund or a privately held | ||||||
5 | company within the investment portfolio of a private | ||||||
6 | equity fund as a result of either investing or evaluating | ||||||
7 | a potential investment of public funds in a private equity | ||||||
8 | fund. The exemption contained in this item does not apply | ||||||
9 | to the aggregate financial performance information of a | ||||||
10 | private equity fund, nor to the identity of the fund's | ||||||
11 | managers or general partners. The exemption contained in | ||||||
12 | this item does not apply to the identity of a privately | ||||||
13 | held company within the investment portfolio of a private | ||||||
14 | equity fund, unless the disclosure of the identity of a | ||||||
15 | privately held company may cause competitive harm. | ||||||
16 | Nothing contained in this
paragraph (g) shall be | ||||||
17 | construed to prevent a person or business from
consenting | ||||||
18 | to disclosure.
| ||||||
19 | (h) Proposals and bids for any contract, grant, or | ||||||
20 | agreement, including
information which if it were | ||||||
21 | disclosed would frustrate procurement or give
an advantage | ||||||
22 | to any person proposing to enter into a contractor | ||||||
23 | agreement
with the body, until an award or final selection | ||||||
24 | is made. Information
prepared by or for the body in | ||||||
25 | preparation of a bid solicitation shall be
exempt until an | ||||||
26 | award or final selection is made.
|
| |||||||
| |||||||
1 | (i) Valuable formulae,
computer geographic systems,
| ||||||
2 | designs, drawings and research data obtained or
produced | ||||||
3 | by any public body when disclosure could reasonably be | ||||||
4 | expected to
produce private gain or public loss.
The | ||||||
5 | exemption for "computer geographic systems" provided in | ||||||
6 | this paragraph
(i) does not extend to requests made by | ||||||
7 | news media as defined in Section 2 of
this Act when the | ||||||
8 | requested information is not otherwise exempt and the only
| ||||||
9 | purpose of the request is to access and disseminate | ||||||
10 | information regarding the
health, safety, welfare, or | ||||||
11 | legal rights of the general public.
| ||||||
12 | (j) The following information pertaining to | ||||||
13 | educational matters: | ||||||
14 | (i) test questions, scoring keys and other | ||||||
15 | examination data used to
administer an academic | ||||||
16 | examination;
| ||||||
17 | (ii) information received by a primary or | ||||||
18 | secondary school, college, or university under its | ||||||
19 | procedures for the evaluation of faculty members by | ||||||
20 | their academic peers; | ||||||
21 | (iii) information concerning a school or | ||||||
22 | university's adjudication of student disciplinary | ||||||
23 | cases, but only to the extent that disclosure would | ||||||
24 | unavoidably reveal the identity of the student; and | ||||||
25 | (iv) course materials or research materials used | ||||||
26 | by faculty members. |
| |||||||
| |||||||
1 | (k) Architects' plans, engineers' technical | ||||||
2 | submissions, and
other
construction related technical | ||||||
3 | documents for
projects not constructed or developed in | ||||||
4 | whole or in part with public funds
and the same for | ||||||
5 | projects constructed or developed with public funds, | ||||||
6 | including, but not limited to, power generating and | ||||||
7 | distribution stations and other transmission and | ||||||
8 | distribution facilities, water treatment facilities, | ||||||
9 | airport facilities, sport stadiums, convention centers, | ||||||
10 | and all government owned, operated, or occupied buildings, | ||||||
11 | but
only to the extent
that disclosure would compromise | ||||||
12 | security.
| ||||||
13 | (l) Minutes of meetings of public bodies closed to the
| ||||||
14 | public as provided in the Open Meetings Act until the | ||||||
15 | public body
makes the minutes available to the public | ||||||
16 | under Section 2.06 of the Open
Meetings Act.
| ||||||
17 | (m) Communications between a public body and an | ||||||
18 | attorney or auditor
representing the public body that | ||||||
19 | would not be subject to discovery in
litigation, and | ||||||
20 | materials prepared or compiled by or for a public body in
| ||||||
21 | anticipation of a criminal, civil, or administrative | ||||||
22 | proceeding upon the
request of an attorney advising the | ||||||
23 | public body, and materials prepared or
compiled with | ||||||
24 | respect to internal audits of public bodies.
| ||||||
25 | (n) Records relating to a public body's adjudication | ||||||
26 | of employee grievances or disciplinary cases; however, |
| |||||||
| |||||||
1 | this exemption shall not extend to the final outcome of | ||||||
2 | cases in which discipline is imposed.
| ||||||
3 | (o) Administrative or technical information associated | ||||||
4 | with automated
data processing operations, including, but | ||||||
5 | not limited to, software,
operating protocols, computer | ||||||
6 | program abstracts, file layouts, source
listings, object | ||||||
7 | modules, load modules, user guides, documentation
| ||||||
8 | pertaining to all logical and physical design of | ||||||
9 | computerized systems,
employee manuals, and any other | ||||||
10 | information that, if disclosed, would
jeopardize the | ||||||
11 | security of the system or its data or the security of
| ||||||
12 | materials exempt under this Section.
| ||||||
13 | (p) Records relating to collective negotiating matters
| ||||||
14 | between public bodies and their employees or | ||||||
15 | representatives, except that
any final contract or | ||||||
16 | agreement shall be subject to inspection and copying.
| ||||||
17 | (q) Test questions, scoring keys, and other | ||||||
18 | examination data used to determine the qualifications of | ||||||
19 | an applicant for a license or employment.
| ||||||
20 | (r) The records, documents, and information relating | ||||||
21 | to real estate
purchase negotiations until those | ||||||
22 | negotiations have been completed or
otherwise terminated. | ||||||
23 | With regard to a parcel involved in a pending or
actually | ||||||
24 | and reasonably contemplated eminent domain proceeding | ||||||
25 | under the Eminent Domain Act, records, documents, and
| ||||||
26 | information relating to that parcel shall be exempt except |
| |||||||
| |||||||
1 | as may be
allowed under discovery rules adopted by the | ||||||
2 | Illinois Supreme Court. The
records, documents, and | ||||||
3 | information relating to a real estate sale shall be
exempt | ||||||
4 | until a sale is consummated.
| ||||||
5 | (s) Any and all proprietary information and records | ||||||
6 | related to the
operation of an intergovernmental risk | ||||||
7 | management association or
self-insurance pool or jointly | ||||||
8 | self-administered health and accident
cooperative or pool.
| ||||||
9 | Insurance or self insurance (including any | ||||||
10 | intergovernmental risk management association or self | ||||||
11 | insurance pool) claims, loss or risk management | ||||||
12 | information, records, data, advice or communications.
| ||||||
13 | (t) Information contained in or related to | ||||||
14 | examination, operating, or
condition reports prepared by, | ||||||
15 | on behalf of, or for the use of a public
body responsible | ||||||
16 | for the regulation or supervision of financial
| ||||||
17 | institutions, insurance companies, or pharmacy benefit | ||||||
18 | managers, unless disclosure is otherwise
required by State | ||||||
19 | law.
| ||||||
20 | (u) Information that would disclose
or might lead to | ||||||
21 | the disclosure of
secret or confidential information, | ||||||
22 | codes, algorithms, programs, or private
keys intended to | ||||||
23 | be used to create electronic signatures under the Uniform | ||||||
24 | Electronic Transactions Act.
| ||||||
25 | (v) Vulnerability assessments, security measures, and | ||||||
26 | response policies
or plans that are designed to identify, |
| |||||||
| |||||||
1 | prevent, or respond to potential
attacks upon a | ||||||
2 | community's population or systems, facilities, or | ||||||
3 | installations,
the destruction or contamination of which | ||||||
4 | would constitute a clear and present
danger to the health | ||||||
5 | or safety of the community, but only to the extent that
| ||||||
6 | disclosure could reasonably be expected to jeopardize the | ||||||
7 | effectiveness of the
measures or the safety of the | ||||||
8 | personnel who implement them or the public.
Information | ||||||
9 | exempt under this item may include such things as details
| ||||||
10 | pertaining to the mobilization or deployment of personnel | ||||||
11 | or equipment, to the
operation of communication systems or | ||||||
12 | protocols, or to tactical operations.
| ||||||
13 | (w) (Blank). | ||||||
14 | (x) Maps and other records regarding the location or | ||||||
15 | security of generation, transmission, distribution, | ||||||
16 | storage, gathering,
treatment, or switching facilities | ||||||
17 | owned by a utility, by a power generator, or by the | ||||||
18 | Illinois Power Agency.
| ||||||
19 | (y) Information contained in or related to proposals, | ||||||
20 | bids, or negotiations related to electric power | ||||||
21 | procurement under Section 1-75 of the Illinois Power | ||||||
22 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
23 | Act that is determined to be confidential and proprietary | ||||||
24 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
25 | Commission.
| ||||||
26 | (z) Information about students exempted from |
| |||||||
| |||||||
1 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
2 | School Code, and information about undergraduate students | ||||||
3 | enrolled at an institution of higher education exempted | ||||||
4 | from disclosure under Section 25 of the Illinois Credit | ||||||
5 | Card Marketing Act of 2009. | ||||||
6 | (aa) Information the disclosure of which is
exempted | ||||||
7 | under the Viatical Settlements Act of 2009.
| ||||||
8 | (bb) Records and information provided to a mortality | ||||||
9 | review team and records maintained by a mortality review | ||||||
10 | team appointed under the Department of Juvenile Justice | ||||||
11 | Mortality Review Team Act. | ||||||
12 | (cc) Information regarding interments, entombments, or | ||||||
13 | inurnments of human remains that are submitted to the | ||||||
14 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
15 | the Cemetery Oversight Act, whichever is applicable. | ||||||
16 | (dd) Correspondence and records (i) that may not be | ||||||
17 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
18 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
19 | the Illinois Public Aid Code. | ||||||
20 | (ee) The names, addresses, or other personal | ||||||
21 | information of persons who are minors and are also | ||||||
22 | participants and registrants in programs of park | ||||||
23 | districts, forest preserve districts, conservation | ||||||
24 | districts, recreation agencies, and special recreation | ||||||
25 | associations. | ||||||
26 | (ff) The names, addresses, or other personal |
| |||||||
| |||||||
1 | information of participants and registrants in programs of | ||||||
2 | park districts, forest preserve districts, conservation | ||||||
3 | districts, recreation agencies, and special recreation | ||||||
4 | associations where such programs are targeted primarily to | ||||||
5 | minors. | ||||||
6 | (gg) Confidential information described in Section | ||||||
7 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
8 | 2012. | ||||||
9 | (hh) The report submitted to the State Board of | ||||||
10 | Education by the School Security and Standards Task Force | ||||||
11 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
12 | School Code and any information contained in that report. | ||||||
13 | (ii) Records requested by persons committed to or | ||||||
14 | detained by the Department of Human Services under the | ||||||
15 | Sexually Violent Persons Commitment Act or committed to | ||||||
16 | the Department of Corrections under the Sexually Dangerous | ||||||
17 | Persons Act if those materials: (i) are available in the | ||||||
18 | library of the facility where the individual is confined; | ||||||
19 | (ii) include records from staff members' personnel files, | ||||||
20 | staff rosters, or other staffing assignment information; | ||||||
21 | or (iii) are available through an administrative request | ||||||
22 | to the Department of Human Services or the Department of | ||||||
23 | Corrections. | ||||||
24 | (jj) Confidential information described in Section | ||||||
25 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
26 | (kk) The public body's credit card numbers, debit card |
| |||||||
| |||||||
1 | numbers, bank account numbers, Federal Employer | ||||||
2 | Identification Number, security code numbers, passwords, | ||||||
3 | and similar account information, the disclosure of which | ||||||
4 | could result in identity theft or impression or defrauding | ||||||
5 | of a governmental entity or a person. | ||||||
6 | (ll) Records concerning the work of the threat | ||||||
7 | assessment team of a school district , a school employee's | ||||||
8 | determination about whether an individual poses a clear | ||||||
9 | and present danger, a school district's report of a threat | ||||||
10 | to law enforcement, or an action by a school district | ||||||
11 | under the Firearms Restraining Order Act . | ||||||
12 | (1.5) Any information exempt from disclosure under the | ||||||
13 | Judicial Privacy Act shall be redacted from public records | ||||||
14 | prior to disclosure under this Act. | ||||||
15 | (2) A public record that is not in the possession of a | ||||||
16 | public body but is in the possession of a party with whom the | ||||||
17 | agency has contracted to perform a governmental function on | ||||||
18 | behalf of the public body, and that directly relates to the | ||||||
19 | governmental function and is not otherwise exempt under this | ||||||
20 | Act, shall be considered a public record of the public body, | ||||||
21 | for purposes of this Act. | ||||||
22 | (3) This Section does not authorize withholding of | ||||||
23 | information or limit the
availability of records to the | ||||||
24 | public, except as stated in this Section or
otherwise provided | ||||||
25 | in this Act.
| ||||||
26 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
| |||||||
| |||||||
1 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
2 | 6-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)
| ||||||
3 | Section 15. The Mental Health and Developmental | ||||||
4 | Disabilities Code is amended by changing Section 6-103.3 as | ||||||
5 | follows:
| ||||||
6 | (405 ILCS 5/6-103.3) | ||||||
7 | Sec. 6-103.3. Clear and present danger; notice. | ||||||
8 | (a) If a person is determined to pose a clear and present | ||||||
9 | danger to himself, herself, or to others by a physician, | ||||||
10 | clinical psychologist, or qualified examiner, whether employed | ||||||
11 | by the State, by any public or private mental health facility | ||||||
12 | or part thereof, or by a law enforcement official or a school | ||||||
13 | administrator, then the physician, clinical psychologist, | ||||||
14 | qualified examiner shall notify the Department of Human | ||||||
15 | Services and a law enforcement official or school | ||||||
16 | administrator shall notify the Illinois State Police, within | ||||||
17 | 24 hours of making the determination that the person poses a | ||||||
18 | clear and present danger. The Department of Human Services | ||||||
19 | shall immediately update its records and information relating | ||||||
20 | to mental health and developmental disabilities, and if | ||||||
21 | appropriate, shall notify the Illinois State Police in a form | ||||||
22 | and manner prescribed by the Illinois State Police. When the | ||||||
23 | Illinois State Police is notified pursuant to this Section | ||||||
24 | that a person has been determined to pose a clear and present |
| |||||||
| |||||||
1 | danger, it shall determine whether to file an action under the | ||||||
2 | Firearms Restraining Order Act with that person as the | ||||||
3 | respondent. | ||||||
4 | (b) Information disclosed under this Section shall remain | ||||||
5 | privileged and confidential, and shall not be redisclosed, | ||||||
6 | except as required under subsection (e) of Section 3.1 of the | ||||||
7 | Firearm Owners Identification Card Act or for the purpose of | ||||||
8 | an action under the Firearms Restraining Order Act , nor used | ||||||
9 | for any other purpose. The method of providing this | ||||||
10 | information shall guarantee that the information is not | ||||||
11 | released beyond that which is necessary for the purposes | ||||||
12 | provided by purpose of this Section and shall be provided by | ||||||
13 | rule by the Department of Human Services. The identity of the | ||||||
14 | person reporting under this Section shall not be disclosed to | ||||||
15 | the subject of the report. The physician, clinical | ||||||
16 | psychologist, qualified examiner, law enforcement official, or | ||||||
17 | school administrator making the determination and his or her | ||||||
18 | employer shall not be held criminally, civilly, or | ||||||
19 | professionally liable for making or not making the | ||||||
20 | notification required under this Section, except for willful | ||||||
21 | or wanton misconduct. This Section does not apply to a law | ||||||
22 | enforcement official, if making the notification under this | ||||||
23 | Section will interfere with an ongoing or pending criminal | ||||||
24 | investigation. | ||||||
25 | (c) For the purposes of this Section: | ||||||
26 | "Clear and present danger" has the meaning ascribed to |
| |||||||
| |||||||
1 | it in Section 1.1 of the Firearm Owners Identification | ||||||
2 | Card Act. | ||||||
3 | "Determined to pose a clear and present danger to | ||||||
4 | himself, herself, or to others by a physician, clinical | ||||||
5 | psychologist, or qualified examiner" means in the | ||||||
6 | professional opinion of the physician, clinical | ||||||
7 | psychologist, or qualified examiner, a person poses a | ||||||
8 | clear and present danger. | ||||||
9 | "School administrator" means the person required to | ||||||
10 | report under the School Administrator Reporting of Mental | ||||||
11 | Health Clear and Present Danger Determinations Law.
| ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
13 | Section 20. The Firearm Owners Identification Card Act is | ||||||
14 | amended by changing Section 8.1 as follows:
| ||||||
15 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| ||||||
16 | Sec. 8.1. Notifications to the Illinois State Police.
| ||||||
17 | (a) The Circuit Clerk shall, in the form and manner | ||||||
18 | required by the
Supreme Court, notify the Illinois State | ||||||
19 | Police of all final dispositions
of cases for which the | ||||||
20 | Department has received information reported to it under
| ||||||
21 | Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
22 | (b) Upon adjudication of any individual as a person with a | ||||||
23 | mental disability as defined in Section 1.1 of this Act or a | ||||||
24 | finding that a person has been involuntarily admitted, the |
| |||||||
| |||||||
1 | court shall direct the circuit court clerk to immediately | ||||||
2 | notify the Illinois State Police, Firearm Owner's | ||||||
3 | Identification (FOID) department, and shall forward a copy of | ||||||
4 | the court order to the Department. | ||||||
5 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
6 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
7 | the form and manner prescribed by the Illinois State Police, | ||||||
8 | notify the Illinois State Police, Firearm Owner's | ||||||
9 | Identification (FOID) department if the court has not directed | ||||||
10 | the circuit court clerk to notify the Illinois State Police, | ||||||
11 | Firearm Owner's Identification (FOID) department under | ||||||
12 | subsection (b) of this Section, within the preceding 6 months, | ||||||
13 | because no person has been adjudicated as a person with a | ||||||
14 | mental disability by the court as defined in Section 1.1 of | ||||||
15 | this Act or if no person has been involuntarily admitted. The | ||||||
16 | Supreme Court may adopt any orders or rules necessary to | ||||||
17 | identify the persons who shall be reported to the Illinois | ||||||
18 | State Police under subsection (b), or any other orders or | ||||||
19 | rules necessary to implement the requirements of this Act. | ||||||
20 | (c) The Department of Human Services shall, in the form | ||||||
21 | and manner prescribed by the Illinois State Police, report all | ||||||
22 | information collected under subsection (b) of Section 12 of | ||||||
23 | the Mental Health and Developmental Disabilities | ||||||
24 | Confidentiality Act for the purpose of determining whether a | ||||||
25 | person who may be or may have been a patient in a mental health | ||||||
26 | facility is disqualified under State or federal law from |
| |||||||
| |||||||
1 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
2 | or purchasing a weapon. | ||||||
3 | (d) If a person is determined to pose a clear and present | ||||||
4 | danger to himself, herself, or to others: | ||||||
5 | (1) by a physician, clinical psychologist, or | ||||||
6 | qualified examiner, or is determined to have a | ||||||
7 | developmental disability by a physician, clinical | ||||||
8 | psychologist, or qualified examiner, whether employed by | ||||||
9 | the State or privately, then the physician, clinical | ||||||
10 | psychologist, or qualified examiner shall, within 24 hours | ||||||
11 | of making the determination, notify the Department of | ||||||
12 | Human Services that the person poses a clear and present | ||||||
13 | danger or has a developmental disability; or | ||||||
14 | (2) by a law enforcement official or school | ||||||
15 | administrator, then the law enforcement official or school | ||||||
16 | administrator shall, within 24 hours of making the | ||||||
17 | determination, notify the Illinois State Police that the | ||||||
18 | person poses a clear and present danger. | ||||||
19 | The Department of Human Services shall immediately update | ||||||
20 | its records and information relating to mental health and | ||||||
21 | developmental disabilities, and if appropriate, shall notify | ||||||
22 | the Illinois State Police in a form and manner prescribed by | ||||||
23 | the Illinois State Police. When the Illinois State Police is | ||||||
24 | notified pursuant to this subsection that a person has been | ||||||
25 | determined to pose a clear and present danger, the The | ||||||
26 | Illinois State Police shall determine whether to revoke the |
| |||||||
| |||||||
1 | person's Firearm Owner's Identification Card under Section 8 | ||||||
2 | of this Act and whether to file an action under the Firearms | ||||||
3 | Restraining Order Act with that person as the respondent . Any | ||||||
4 | information disclosed under this subsection shall remain | ||||||
5 | privileged and confidential, and shall not be redisclosed, | ||||||
6 | except as required under subsection (e) of Section 3.1 of this | ||||||
7 | Act or for the purpose of an action under the Firearms | ||||||
8 | Restraining Order Act , nor used for any other purpose. The | ||||||
9 | method of providing this information shall guarantee that the | ||||||
10 | information is not released beyond what is necessary for the | ||||||
11 | purposes provided by purpose of this Section and shall be | ||||||
12 | provided by rule by the Department of Human Services. The | ||||||
13 | identity of the person reporting under this Section shall not | ||||||
14 | be disclosed to the subject of the report. The physician, | ||||||
15 | clinical psychologist, qualified examiner, law enforcement | ||||||
16 | official, or school administrator making the determination and | ||||||
17 | his or her employer shall not be held criminally, civilly, or | ||||||
18 | professionally liable for making or not making the | ||||||
19 | notification required under this subsection, except for | ||||||
20 | willful or wanton misconduct. | ||||||
21 | (e) The Illinois State Police shall adopt rules to | ||||||
22 | implement this Section. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
24 | Section 25. The Firearms Restraining Order Act is amended | ||||||
25 | by changing Sections 5 and 10 as follows:
|
| |||||||
| |||||||
1 | (430 ILCS 67/5) | ||||||
2 | (Text of Section before amendment by P.A. 102-345 )
| ||||||
3 | Sec. 5. Definitions.
As used in this Act: | ||||||
4 | "Family member of the respondent" means a spouse, parent, | ||||||
5 | child, or step-child of the respondent, any other person | ||||||
6 | related by blood or present marriage to the respondent, or a | ||||||
7 | person who shares a common dwelling with the respondent. | ||||||
8 | "Firearms restraining order" means an order issued by the | ||||||
9 | court, prohibiting and enjoining a named person from having in | ||||||
10 | his or her custody or control, purchasing, possessing, or | ||||||
11 | receiving any firearms.
| ||||||
12 | "Intimate partner" means a spouse, former spouse, a person | ||||||
13 | with whom the respondent has or allegedly has a child in | ||||||
14 | common, or a person with whom the respondent has or has had a | ||||||
15 | dating or engagement relationship. | ||||||
16 | "Petitioner" means: | ||||||
17 | (1) a family member of the respondent as defined in | ||||||
18 | this Act; or
| ||||||
19 | (2) a law enforcement officer
who files a petition | ||||||
20 | alleging that the respondent poses a danger of causing | ||||||
21 | personal injury to himself, herself, or another by having | ||||||
22 | in his or her custody or control, purchasing, possessing, | ||||||
23 | or receiving a firearm. | ||||||
24 | "Respondent" means the person alleged in the petition to | ||||||
25 | pose a danger of causing personal injury to himself, herself, |
| |||||||
| |||||||
1 | or another by having in his or her custody or control, | ||||||
2 | purchasing, possessing, or receiving a firearm.
| ||||||
3 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
4 | (Text of Section after amendment by P.A. 102-345 ) | ||||||
5 | Sec. 5. Definitions.
As used in this Act: | ||||||
6 | "Family member of the respondent" means a spouse, former | ||||||
7 | spouse, person with whom the respondent has a minor child in | ||||||
8 | common, parent, child, or step-child of the respondent, any | ||||||
9 | other person related by blood or present marriage to the | ||||||
10 | respondent, or a person who shares a common dwelling with the | ||||||
11 | respondent. | ||||||
12 | "Firearms restraining order" means an order issued by the | ||||||
13 | court, prohibiting and enjoining a named person from having in | ||||||
14 | his or her custody or control, purchasing, possessing, or | ||||||
15 | receiving any firearms or ammunition, or removing firearm | ||||||
16 | parts that could be assembled to make an operable firearm.
| ||||||
17 | "Intimate partner" means a spouse, former spouse, a person | ||||||
18 | with whom the respondent has or allegedly has a child in | ||||||
19 | common, or a person with whom the respondent has or has had a | ||||||
20 | dating or engagement relationship. | ||||||
21 | "Petitioner" means: | ||||||
22 | (1) a family member of the respondent as defined in | ||||||
23 | this Act; or | ||||||
24 | (1.5) a school district board of directors or board of | ||||||
25 | education or its designee; or
|
| |||||||
| |||||||
1 | (2) a law enforcement officer
who files a petition | ||||||
2 | alleging that the respondent poses a danger of causing | ||||||
3 | personal injury to himself, herself, or another by having | ||||||
4 | in his or her custody or control, purchasing, possessing, | ||||||
5 | or receiving a firearm, ammunition, or firearm parts that | ||||||
6 | could be assembled to make an operable firearm or removing | ||||||
7 | firearm parts that could be assembled to make an operable | ||||||
8 | firearm. | ||||||
9 | "Respondent" means the person alleged in the petition to | ||||||
10 | pose a danger of causing personal injury to himself, herself, | ||||||
11 | or another by having in his or her custody or control, | ||||||
12 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
13 | firearm parts that could be assembled to make an operable | ||||||
14 | firearm or removing firearm parts that could be assembled to | ||||||
15 | make an operable firearm.
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16 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
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17 | (430 ILCS 67/10) | ||||||
18 | (Text of Section before amendment by P.A. 102-345 )
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19 | Sec. 10. Commencement of action; procedure.
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20 | (a) An action for a firearms restraining order is | ||||||
21 | commenced by filing a verified petition for a firearms | ||||||
22 | restraining order in any circuit court.
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23 | (b) A petition for a firearms restraining order may be | ||||||
24 | filed in any county where the respondent resides.
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25 | (c) No fee shall be charged by the clerk for filing, |
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1 | amending, vacating, certifying, or photocopying petitions or | ||||||
2 | orders; or for issuing alias summons; or for any related | ||||||
3 | filing service. No fee shall be charged by the sheriff or other | ||||||
4 | law enforcement for service by the sheriff or other law | ||||||
5 | enforcement of a petition, rule, motion, or order in an action | ||||||
6 | commenced under this Section. | ||||||
7 | (d) The court shall provide, through the office of the | ||||||
8 | clerk of the court, simplified forms and clerical assistance | ||||||
9 | to help with the writing and filing of a petition under this | ||||||
10 | Section by any person not represented by counsel. In addition, | ||||||
11 | that assistance may be provided by the State's Attorney.
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12 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
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13 | (Text of Section after amendment by P.A. 102-345 ) | ||||||
14 | Sec. 10. Commencement of action; procedure.
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15 | (a) An action for a firearms restraining order is | ||||||
16 | commenced by filing a verified petition for a firearms | ||||||
17 | restraining order in any circuit court.
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18 | (b) A petition for a firearms restraining order may be | ||||||
19 | filed in: (1) any county where the respondent resides or (2) | ||||||
20 | any county where an incident occurred that involved the | ||||||
21 | respondent posing an immediate and present danger of causing | ||||||
22 | personal injury to the respondent or another by having in his | ||||||
23 | or her custody or control, or purchasing, possessing, or | ||||||
24 | receiving, a firearm, ammunition, or firearm parts
that could | ||||||
25 | be assembled to make an operable firearm.
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1 | (c) No fee shall be charged by the clerk for filing, | ||||||
2 | amending, vacating, certifying, printing, or photocopying | ||||||
3 | petitions or orders; or for issuing alias summons; or for any | ||||||
4 | related filing service. No fee shall be charged by the sheriff | ||||||
5 | or other law enforcement for service by the sheriff or other | ||||||
6 | law enforcement of a petition, rule, motion, or order in an | ||||||
7 | action commenced under this Section. | ||||||
8 | (d) The court shall provide, through the office of the | ||||||
9 | clerk of the court, simplified forms and clerical assistance | ||||||
10 | to help with the writing and filing of a petition under this | ||||||
11 | Section by any person not represented by counsel. In addition, | ||||||
12 | that assistance may be provided by the State's Attorney.
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13 | (e) A school district board of directors or board of | ||||||
14 | education may by policy or resolution authorize a designee or | ||||||
15 | designees to file petitions for firearms restraining orders on | ||||||
16 | its behalf with or without prior board approval of a specific | ||||||
17 | petition. For any petition filed by a designee without prior | ||||||
18 | board approval, the board must approve a resolution ratifying | ||||||
19 | the specific petition as soon as possible after the filing of | ||||||
20 | the petition, but no later than 30 days after the filing of the | ||||||
21 | petition. | ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
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23 | Section 95. No acceleration or delay. Where this Act makes | ||||||
24 | changes in a statute that is represented in this Act by text | ||||||
25 | that is not yet or no longer in effect (for example, a Section |
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1 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||
2 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||
3 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||
4 | Public Act.
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