Signed into law on July 17, 2003
Amendments are highlighted in yellow
1 AN ACT concerning law enforcement,
amending named Acts.
2 Be
it enacted by
the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
6 (5 ILCS 140/7) (from Ch. 116, par.
207)
7 Sec. 7. Exemptions.
8 (1)
The following shall
be exempt from inspection and
9 copying:
10
(a) Information specifically prohibited from
11
disclosure by federal
or State law
or rules and
12
regulations adopted under federal or State law.
13
(b) Information that,
if disclosed, would
14
constitute a clearly
unwarranted invasion of personal
15 privacy,
unless the disclosure is consented to in writing
16 by
the individual subjects
of the information. The
17 disclosure
of information that bears on the public duties
18 of public
employees and officials shall not be considered
19 an invasion
of personal privacy. Information exempted
20 under
this subsection (b)
shall include but
is not
21 limited
to:
22 (i) files and personal
information maintained
23
with respect to
clients, patients, residents,
24
students or other
individuals receiving social,
25
medical, educational, vocational, financial,
26
supervisory or custodial care or services directly
27 or
indirectly from federal
agencies or public
28
bodies;
29
(ii) personnel files and
personal information
30
maintained with respect to
employees, appointees or
31
elected officials of any public body or applicants
-2-
1 for those positions;
2 (iii) files and personal information
3 maintained with respect to any applicant, registrant
4 or licensee by any public body
cooperating with or
5 engaged in professional or
occupational
6 registration, licensure or
discipline;
7 (iv) information required
of any taxpayer in
8 connection with the assessment or
collection of any
9 tax unless disclosure is
otherwise required by State
10
statute; and
11
(v) information revealing the identity of
12
persons who file complaints with or provide
13
information to administrative, investigative, law
14
enforcement or penal agencies; provided, however,
15 that
identification of witnesses to traffic
16
accidents, traffic accident
reports, and rescue
17
reports may be provided
by agencies of local
18
government, except in a case for
which a criminal
19
investigation is ongoing,
without constituting a
20
clearly unwarranted per se
invasion of personal
21
privacy under this subsection.
22
(c) Records compiled by any
public body for
23
administrative enforcement
proceedings and any law
24 enforcement or correctional agency for law enforcement
25 purposes
or for internal matters of a
public body, but
26 only to
the extent that disclosure would:
27
(i) interfere with pending or actually and
28 reasonably contemplated law enforcement
proceedings
29
conducted by any law enforcement or correctional
30
agency;
31
(ii) interfere with pending administrative
32
enforcement proceedings conducted
by any public
33 body;
34
(iii) deprive a person of a fair trial or an
-3-
1 impartial hearing;
2 (iv) unavoidably disclose the identity of a
3 confidential source or confidential information
4 furnished only by the
confidential source;
5 (v) disclose unique or specialized
6 investigative techniques other
than those generally
7 used and known or
disclose internal documents of
8 correctional agencies related to
detection,
9 observation or
investigation of incidents of crime
10 or
misconduct;
11
(vi) constitute an invasion of
personal
12
privacy under subsection (b) of this Section;
13
(vii) endanger the life or
physical safety of
14 law
enforcement personnel or any other person; or
15
(viii) obstruct an
ongoing criminal
16
investigation.
17
(d) Criminal history record information maintained
18 by State
or local criminal justice agencies,
except the
19
following which shall be open for public inspection and
20 copying:
21
(i) chronologically maintained arrest
22
information, such as
traditional arrest logs or
23
blotters;
24
(ii) the name of a person in the
custody of a
25
law enforcement agency
and the charges for which
26 that
person is being held;
27
(iii) court records that are
public;
28
(iv) records that
are otherwise available
29 under State or local law; or
30
(v) records in
which the requesting party is
31 the
individual identified, except as provided
under
32
part (vii) of
paragraph (c) of subsection (1)
of
33 this
Section.
34
"Criminal history
record information" means
data
-4-
1 identifiable to an individual and consisting
of
2 descriptions or notations of arrests,
detentions,
3 indictments, informations, pre-trial proceedings, trials,
4 or
other formal events in the criminal justice system or
5 descriptions or notations of criminal
charges (including
6 criminal violations of local municipal ordinances) and
7 the
nature of any
disposition arising therefrom,
8 including sentencing, court or correctional supervision,
9 rehabilitation and release. The term does not apply to
10 statistical records and reports in which individuals are
11 not
identified and from which their
identities are not
12
ascertainable, or to
information that is for criminal
13
investigative or intelligence purposes.
14
(e) Records that relate to or
affect the security
15 of
correctional institutions and detention facilities.
16
(f) Preliminary drafts,
notes, recommendations,
17
memoranda and other
records in which
opinions are
18 expressed,
or policies or actions are formulated, except
19 that a
specific record or relevant portion
of a record
20 shall not
be exempt when the record is publicly cited and
21
identified by the head of the
public body. The exemption
22 provided
in this paragraph (f)
extends to all
those
23
records of officers and agencies
of the General Assembly
24 that
pertain to the preparation of legislative documents.
25
(g) Trade secrets
and commercial or
financial
26
information obtained from a
person or business where the
27 trade
secrets or information are proprietary,
privileged
28 or
confidential, or where disclosure of the trade secrets
29 or information may cause competitive harm,
including all
30
information determined to be confidential under Section
31 4002 of
the Technology Advancement and Development Act.
32
Nothing contained in
this paragraph (g)
shall be
33 construed
to prevent a person or business from consenting
34 to
disclosure.
-5-
1 (h) Proposals and bids for
any contract, grant, or
2 agreement, including
information which if
it were
3 disclosed would frustrate procurement or give an
4 advantage to any person
proposing to enter
into a
5 contractor agreement with the
body, until an award or
6 final
selection is made. Information
prepared by or for
7 the body in preparation of a bid solicitation shall be
8 exempt until an award or final
selection is made.
9 (i) Valuable formulae, computer geographic systems,
10
designs, drawings and research
data obtained or produced
11 by any
public body when disclosure could reasonably
be
12 expected
to produce private gain or public loss.
13
(j) Test questions, scoring keys and
other
14
examination data used
to administer an
academic
15
examination or determined
the qualifications of
an
16 applicant
for a license or employment.
17
(k) Architects' plans
and engineers' technical
18
submissions for projects not
constructed or developed in
19 whole or
in part with public funds and
for projects
20
constructed or developed with public funds, to the extent
21 that
disclosure would compromise security.
22
(l) Library circulation and orde records
23
identifying library users with specific materials.
24
(m) Minutes of meetings of
public bodies closed to
25 the public
as provided in the Open Meetings Act until the
26
public body makes
the minutes available to the
public
27 under
Section 2.06 of the Open Meetings Act.
28
(n) Communications between
a public body and an
29
attorney or auditor
representing the public body
that
30 would not
be subject to discovery in litigation,
and
31 materials
prepared or compiled by or for a public body in
32
anticipation of a
criminal, civil or
administrative
33
proceeding upon the request of an attorney advising the
34 public body, and materials
prepared or compiled
with
-6-
1 respect to internal audits of public
bodies.
2 (o) Information received by a
primary or secondary
3 school, college or university
under its procedures for
4 the
evaluation of faculty
members by their academic
5 peers.
6 (p) Administrative or technical
information
7 associated with automated data
processing operations,
8 including but not limited
to software, operating
9 protocols, computer program abstracts,
file layouts,
10
source listings, object
modules, load modules,
user
11
guides, documentation pertaining
to all logical and
12
physical design of
computerized systems, employee
13 manuals,
and any other information that, if
disclosed,
14 would jeopardize
the security of the system or its data
15 or the
security of materials exempt under this Section.
16
(q) Documents or materials
relating to collective
17
negotiating matters between
public bodies and
their
18
employees or representatives, except that any
final
19 contract or agreement shall be subject to inspection
and
20 copying.
21
(r) Drafts, notes, recommendations and memoranda
22 pertaining
to the financing and marketing transactions of
23 the public body. The records of ownership,
registration,
24 transfer,
and exchange of municipal debt obligations, and
25 of persons
to whom payment
with respect to
these
26
obligations is made.
27
(s) The records, documents and
information relating
28 to real
estate purchase negotiations until those
29
negotiations have been completed or otherwise terminated.
30 With
regard to a parcel involved in a pending or actually
31 and
reasonably contemplated eminent
domain proceeding
32 under Article
VII of the Code of
Civil Procedure,
33
records, documents and
information relating to
that
34
parcel shall be
exempt except as may be allowed
under
-7-
1 discovery rules adopted by the Illinois
Supreme Court.
2 The records, documents and information
relating to a real
3 estate sale shall be exempt until a
sale is consummated.
4 (t) Any and all proprietary information and records
5 related to the operation
of an intergovernmental risk
6 management association or
self-insurance pool or jointly
7 self-administered health
and accident cooperative
or
8 pool.
9 (u) Information
concerning a university's
10
adjudication of student
or employee grievance
or
11
disciplinary cases, to the extent that disclosure would
12 reveal
the identity of the student
or employee and
13
information concerning any
public body's adjudication of
14 student or
employee grievances or
disciplinary cases,
15 except for
the final outcome of the cases.
16
(v) Course materials or research materials used by
17 faculty
members.
18
(w) Information related
solely to the
internal
19 personnel
rules and practices of a public body.
20
(x) Information contained
in or related to
21 examination,
operating, or condition reports prepared by,
22 on behalf
of, or for the use of a public body responsible
23 for the
regulation or supervision of financial
24
institutions or insurance companies, unless disclosure is
25 otherwise required by State law.
26
(y) Information the
disclosure of which
is
27
restricted under Section
5-108 of the Public Utilities
28 Act.
29
(z) Manuals or instruction to
staff that relate to
30
establishment or collection
of liability for any State
31 tax or
that relate to investigations by a public body
to
32 determine
violation of any criminal law.
33
(aa) Applications, related
documents, and medical
34
records received by
the Experimental Organ
-8-
1 Transplantation Procedures
Board and any
and all
2 documents or other records prepared
by the Experimental
3 Organ
Transplantation Procedures Board
or its staff
4 relating to applications it has
received.
5 (bb) Insurance or self insurance
(including any
6 intergovernmental risk
management association or self
7 insurance pool) claims, loss
or risk management
8 information, records, data, advice or
communications.
9 (cc) Information and records held by the Department
10 of Public
Health and its
authorized representatives
11
relating to known
or suspected cases
of sexually
12
transmissible disease or any information the disclosure
13 of which
is restricted under
the Illinois Sexually
14
Transmissible Disease Control Act.
15
(dd) Information the
disclosure of which
is
16 exempted
under Section 30 of the Radon Industry Licensing
17 Act.
18
(ee) Firm performance
evaluations under Section 55
19 of the
Architectural, Engineering, and Land Surveying
20
Qualifications Based Selection Act.
21
(ff) Security portions of
system safety program
22
plans, investigation reports,
surveys, schedules, lists,
23 data, or
information compiled, collected, or prepared
by
24 or for
the Regional Transportation Authority under
25 Section
2.11 of the Regional Transportation Authority Act
26 or
the St. Clair County Transit
District under the
27 Bi-State
Transit Safety Act.
28
(gg) Information the
disclosure of which
is
29 restricted
and exempted under Section 50 of the
Illinois
30 Prepaid
Tuition Act.
31
(hh) Information the
disclosure of which
is
32 exempted
under Section 80 of the State Gift Ban Act.
33
(ii) Beginning July 1, 1999,
information that would
34 disclose
or might lead to the disclosure of
secret or
-9-
1 confidential information, codes, algorithms, programs, or
2 private keys intended to be used to create electronic or
3 digital signatures under the
Electronic Commerce Security
4 Act.
5 (jj) Information contained in a
local emergency
6 energy plan submitted to a
municipality in accordance
7 with a local emergency energy
plan ordinance that
is
8 adopted under Section 11-21.5-5 of the
Illinois Municipal
9 Code.
10 (kk)
Information and data
concerning the
11
distribution of surcharge moneys collected and remitted
12 by wireless
carriers under the
Wireless Emergency
13 Telephone
Safety Act.
14 (ll) Law enforcement officer identification
15 information or driver identification
information compiled
16 by a law enforcement agency or
the Department of
17 Transportation under Section 11-212 of the Illinois
18 Vehicle Code.
19 (2) This
Section does not
authorize withholding of
20 information or
limit the availability of records
to the
21 public, except
as stated in
this Section or
otherwise
22 provided in
this Act.
23 (Source: P.A.
91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
24 91-660, eff.
12-22-99; 92-16, eff.
6-28-01; 92-241, eff.
25 8-3-01; 92-281,
eff. 8-7-01; 92-645, eff.
7-11-02; 92-651,
26 eff. 7-11-02.)
27 Section
5. The Department of State Police Law within
the
28 Civil
Administrative Code of Illinois is
amended by adding
29 Section
2605-85 as follows:
30 (20 ILCS 2605/2605-85 new)
31 Sec.
2605-85. Training; cultural
diversity. The
32 Department shall provide training and
continuing education to
-10-
1 State Police officers concerning cultural diversity,
2
including sensitivity toward racial and ethnic differences.
3
This training and continuing education shall include, but not
4
be limited to, an emphasis on
the fact that
the primary
5
purpose of enforcement of the Illinois Vehicle Code is safety
6
and equal and uniform enforcement under the law.
7 Section 7. The State Mandates Act is amended by adding
8 Section 8.27 as follows:
9 (30 ILCS 805/8.27 new)
10 Sec. 8.27. Exempt mandate.
Notwithstanding Sections 6
11 and
8 of this Act, no reimbursement by the State is required
12 for
the implementation of any
mandate created by this
13 amendatory Act of the 93rd General
Assembly.
14 Section
10. The Illinois Police Training Act
is amended
15 by changing
Section 7 as follows:
16 (50 ILCS
705/7) (from Ch. 85, par. 507)
17 Sec. 7.
Rules and standards for schools. The
Board shall
18 adopt rules
and minimum standards
for such schools which
19 shall include
but not be limited to the following:
20 a. The curriculum for probationary police
officers which
21 shall be offered by all certified schools
shall include but
22 not be
limited to courses
of arrest, search and seizure,
23 civil rights,
human relations, cultural
diversity, including
24 racial
and ethnic sensitivity, criminal law,
law of criminal
25 procedure,
vehicle and traffic law including uniform
and
26 non-discriminatory enforcement of the Illinois Vehicle Code,
27 traffic
control and accident investigation, techniques of
28 obtaining physical
evidence, court testimonies, statements,
29 reports, firearms training,
first-aid (including
30
cardiopulmonary
resuscitation), handling of
juvenile
-11-
1 offenders, recognition of mental
conditions which require
2 immediate
assistance and methods
to safeguard and provide
3 assistance to a person in need of
mental treatment, law
of
4 evidence,
the hazards of
high-speed police vehicle chases
5 with an emphasis on alternatives to the
high-speed chase, and
6 physical training. The
curriculum shall include
specific
7 training
in techniques for
immediate response to
and
8 investigation of cases of domestic violence
and of sexual
9 assault
of adults and children. The curriculum for permanent
10 police
officers shall include but not
be limited to
(1)
11 refresher and
in-service training in
any of the courses
12 listed above
in this subparagraph, (2) advanced courses
in
13 any of
the subjects listed above in
this subparagraph, (3)
14 training for
supervisory personnel, and
(4) specialized
15 training in
subjects and fields to be selected by the board.
16 b. Minimum courses of study, attendance
requirements and
17 equipment
requirements.
18 c. Minimum requirements for instructors.
19 d. Minimum
basic training requirements, which a
20
probationary police officer
must satisfactorily complete
21 before being
eligible for permanent employment as a local law
22
enforcement officer for
a participating local governmental
23 agency. Those requirements shall include
training in first
24 aid (including
cardiopulmonary resuscitation).
25 e. Minimum
basic training requirements, which a
26 probationary
county corrections officer must satisfactorily
27 complete before being eligible for permanent
employment as a
28 county corrections
officer for a
participating local
29 governmental
agency.
30 f. Minimum
basic training requirements which a
31
probationary court security
officer must satisfactorily
32 complete
before being eligible for permanent employment as a
33 court security
officer for a participating local governmental
34 agency. The
Board shall establish
those training
-12-
1 requirements which it considers
appropriate for court
2