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Illinois House Bill HB3413

Illinois 2023-2024 Regular Session

Illinois House Bill HB3413 Compare Versions

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1-Public Act 103-0446
21 HB3413 EnrolledLRB103 30307 RLC 56735 b HB3413 Enrolled LRB103 30307 RLC 56735 b
32 HB3413 Enrolled LRB103 30307 RLC 56735 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Administrative Procedure Act is
8-amended by adding Section 5-45.35 as follows:
9-(5 ILCS 100/5-45.35 new)
10-Sec. 5-45.35. Emergency rulemaking; Department of Natural
11-Resources. To provide for the expeditious and timely
12-implementation of Section 13 of the Human Remains Protection
13-Act, emergency rules implementing Section 13 of the Human
14-Remains Protection Act may be adopted in accordance with
15-Section 5-45 by the Department of Natural Resources. The
16-adoption of emergency rules authorized by Section 5-45 and
17-this Section is deemed to be necessary for the public
18-interest, safety, and welfare.
19-This Section is repealed one year after the effective date
20-of this amendatory Act of the 103rd General Assembly.
21-Section 10. The Freedom of Information Act is amended by
22-changing Section 7 as follows:
23-(5 ILCS 140/7)
24-(Text of Section before amendment by P.A. 102-982)
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Administrative Procedure Act is
7+5 amended by adding Section 5-45.35 as follows:
8+6 (5 ILCS 100/5-45.35 new)
9+7 Sec. 5-45.35. Emergency rulemaking; Department of Natural
10+8 Resources. To provide for the expeditious and timely
11+9 implementation of Section 13 of the Human Remains Protection
12+10 Act, emergency rules implementing Section 13 of the Human
13+11 Remains Protection Act may be adopted in accordance with
14+12 Section 5-45 by the Department of Natural Resources. The
15+13 adoption of emergency rules authorized by Section 5-45 and
16+14 this Section is deemed to be necessary for the public
17+15 interest, safety, and welfare.
18+16 This Section is repealed one year after the effective date
19+17 of this amendatory Act of the 103rd General Assembly.
20+18 Section 10. The Freedom of Information Act is amended by
21+19 changing Section 7 as follows:
22+20 (5 ILCS 140/7)
23+21 (Text of Section before amendment by P.A. 102-982)
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2827 HB3413 Enrolled LRB103 30307 RLC 56735 b
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31-Sec. 7. Exemptions.
32-(1) When a request is made to inspect or copy a public
33-record that contains information that is exempt from
34-disclosure under this Section, but also contains information
35-that is not exempt from disclosure, the public body may elect
36-to redact the information that is exempt. The public body
37-shall make the remaining information available for inspection
38-and copying. Subject to this requirement, the following shall
39-be exempt from inspection and copying:
40-(a) Information specifically prohibited from
41-disclosure by federal or State law or rules and
42-regulations implementing federal or State law.
43-(b) Private information, unless disclosure is required
44-by another provision of this Act, a State or federal law,
45-or a court order.
46-(b-5) Files, documents, and other data or databases
47-maintained by one or more law enforcement agencies and
48-specifically designed to provide information to one or
49-more law enforcement agencies regarding the physical or
50-mental status of one or more individual subjects.
51-(c) Personal information contained within public
52-records, the disclosure of which would constitute a
53-clearly unwarranted invasion of personal privacy, unless
54-the disclosure is consented to in writing by the
55-individual subjects of the information. "Unwarranted
56-invasion of personal privacy" means the disclosure of
57-
58-
59-information that is highly personal or objectionable to a
60-reasonable person and in which the subject's right to
61-privacy outweighs any legitimate public interest in
62-obtaining the information. The disclosure of information
63-that bears on the public duties of public employees and
64-officials shall not be considered an invasion of personal
65-privacy.
66-(d) Records in the possession of any public body
67-created in the course of administrative enforcement
68-proceedings, and any law enforcement or correctional
69-agency for law enforcement purposes, but only to the
70-extent that disclosure would:
71-(i) interfere with pending or actually and
72-reasonably contemplated law enforcement proceedings
73-conducted by any law enforcement or correctional
74-agency that is the recipient of the request;
75-(ii) interfere with active administrative
76-enforcement proceedings conducted by the public body
77-that is the recipient of the request;
78-(iii) create a substantial likelihood that a
79-person will be deprived of a fair trial or an impartial
80-hearing;
81-(iv) unavoidably disclose the identity of a
82-confidential source, confidential information
83-furnished only by the confidential source, or persons
84-who file complaints with or provide information to
85-
86-
87-administrative, investigative, law enforcement, or
88-penal agencies; except that the identities of
89-witnesses to traffic accidents, traffic accident
90-reports, and rescue reports shall be provided by
91-agencies of local government, except when disclosure
92-would interfere with an active criminal investigation
93-conducted by the agency that is the recipient of the
94-request;
95-(v) disclose unique or specialized investigative
96-techniques other than those generally used and known
97-or disclose internal documents of correctional
98-agencies related to detection, observation, or
99-investigation of incidents of crime or misconduct, and
100-disclosure would result in demonstrable harm to the
101-agency or public body that is the recipient of the
102-request;
103-(vi) endanger the life or physical safety of law
104-enforcement personnel or any other person; or
105-(vii) obstruct an ongoing criminal investigation
106-by the agency that is the recipient of the request.
107-(d-5) A law enforcement record created for law
108-enforcement purposes and contained in a shared electronic
109-record management system if the law enforcement agency
110-that is the recipient of the request did not create the
111-record, did not participate in or have a role in any of the
112-events which are the subject of the record, and only has
113-
114-
115-access to the record through the shared electronic record
116-management system.
117-(d-6) Records contained in the Officer Professional
118-Conduct Database under Section 9.2 of the Illinois Police
119-Training Act, except to the extent authorized under that
120-Section. This includes the documents supplied to the
121-Illinois Law Enforcement Training Standards Board from the
122-Illinois State Police and Illinois State Police Merit
123-Board.
124-(e) Records that relate to or affect the security of
125-correctional institutions and detention facilities.
126-(e-5) Records requested by persons committed to the
127-Department of Corrections, Department of Human Services
128-Division of Mental Health, or a county jail if those
129-materials are available in the library of the correctional
130-institution or facility or jail where the inmate is
131-confined.
132-(e-6) Records requested by persons committed to the
133-Department of Corrections, Department of Human Services
134-Division of Mental Health, or a county jail if those
135-materials include records from staff members' personnel
136-files, staff rosters, or other staffing assignment
137-information.
138-(e-7) Records requested by persons committed to the
139-Department of Corrections or Department of Human Services
140-Division of Mental Health if those materials are available
141-
142-
143-through an administrative request to the Department of
144-Corrections or Department of Human Services Division of
145-Mental Health.
146-(e-8) Records requested by a person committed to the
147-Department of Corrections, Department of Human Services
148-Division of Mental Health, or a county jail, the
149-disclosure of which would result in the risk of harm to any
150-person or the risk of an escape from a jail or correctional
151-institution or facility.
152-(e-9) Records requested by a person in a county jail
153-or committed to the Department of Corrections or
154-Department of Human Services Division of Mental Health,
155-containing personal information pertaining to the person's
156-victim or the victim's family, including, but not limited
157-to, a victim's home address, home telephone number, work
158-or school address, work telephone number, social security
159-number, or any other identifying information, except as
160-may be relevant to a requester's current or potential case
161-or claim.
162-(e-10) Law enforcement records of other persons
163-requested by a person committed to the Department of
164-Corrections, Department of Human Services Division of
165-Mental Health, or a county jail, including, but not
166-limited to, arrest and booking records, mug shots, and
167-crime scene photographs, except as these records may be
168-relevant to the requester's current or potential case or
169-
170-
171-claim.
172-(f) Preliminary drafts, notes, recommendations,
173-memoranda, and other records in which opinions are
174-expressed, or policies or actions are formulated, except
175-that a specific record or relevant portion of a record
176-shall not be exempt when the record is publicly cited and
177-identified by the head of the public body. The exemption
178-provided in this paragraph (f) extends to all those
179-records of officers and agencies of the General Assembly
180-that pertain to the preparation of legislative documents.
181-(g) Trade secrets and commercial or financial
182-information obtained from a person or business where the
183-trade secrets or commercial or financial information are
184-furnished under a claim that they are proprietary,
185-privileged, or confidential, and that disclosure of the
186-trade secrets or commercial or financial information would
187-cause competitive harm to the person or business, and only
188-insofar as the claim directly applies to the records
189-requested.
190-The information included under this exemption includes
191-all trade secrets and commercial or financial information
192-obtained by a public body, including a public pension
193-fund, from a private equity fund or a privately held
194-company within the investment portfolio of a private
195-equity fund as a result of either investing or evaluating
196-a potential investment of public funds in a private equity
197-
198-
199-fund. The exemption contained in this item does not apply
200-to the aggregate financial performance information of a
201-private equity fund, nor to the identity of the fund's
202-managers or general partners. The exemption contained in
203-this item does not apply to the identity of a privately
204-held company within the investment portfolio of a private
205-equity fund, unless the disclosure of the identity of a
206-privately held company may cause competitive harm.
207-Nothing contained in this paragraph (g) shall be
208-construed to prevent a person or business from consenting
209-to disclosure.
210-(h) Proposals and bids for any contract, grant, or
211-agreement, including information which if it were
212-disclosed would frustrate procurement or give an advantage
213-to any person proposing to enter into a contractor
214-agreement with the body, until an award or final selection
215-is made. Information prepared by or for the body in
216-preparation of a bid solicitation shall be exempt until an
217-award or final selection is made.
218-(i) Valuable formulae, computer geographic systems,
219-designs, drawings, and research data obtained or produced
220-by any public body when disclosure could reasonably be
221-expected to produce private gain or public loss. The
222-exemption for "computer geographic systems" provided in
223-this paragraph (i) does not extend to requests made by
224-news media as defined in Section 2 of this Act when the
225-
226-
227-requested information is not otherwise exempt and the only
228-purpose of the request is to access and disseminate
229-information regarding the health, safety, welfare, or
230-legal rights of the general public.
231-(j) The following information pertaining to
232-educational matters:
233-(i) test questions, scoring keys, and other
234-examination data used to administer an academic
235-examination;
236-(ii) information received by a primary or
237-secondary school, college, or university under its
238-procedures for the evaluation of faculty members by
239-their academic peers;
240-(iii) information concerning a school or
241-university's adjudication of student disciplinary
242-cases, but only to the extent that disclosure would
243-unavoidably reveal the identity of the student; and
244-(iv) course materials or research materials used
245-by faculty members.
246-(k) Architects' plans, engineers' technical
247-submissions, and other construction related technical
248-documents for projects not constructed or developed in
249-whole or in part with public funds and the same for
250-projects constructed or developed with public funds,
251-including, but not limited to, power generating and
252-distribution stations and other transmission and
253-
254-
255-distribution facilities, water treatment facilities,
256-airport facilities, sport stadiums, convention centers,
257-and all government owned, operated, or occupied buildings,
258-but only to the extent that disclosure would compromise
259-security.
260-(l) Minutes of meetings of public bodies closed to the
261-public as provided in the Open Meetings Act until the
262-public body makes the minutes available to the public
263-under Section 2.06 of the Open Meetings Act.
264-(m) Communications between a public body and an
265-attorney or auditor representing the public body that
266-would not be subject to discovery in litigation, and
267-materials prepared or compiled by or for a public body in
268-anticipation of a criminal, civil, or administrative
269-proceeding upon the request of an attorney advising the
270-public body, and materials prepared or compiled with
271-respect to internal audits of public bodies.
272-(n) Records relating to a public body's adjudication
273-of employee grievances or disciplinary cases; however,
274-this exemption shall not extend to the final outcome of
275-cases in which discipline is imposed.
276-(o) Administrative or technical information associated
277-with automated data processing operations, including, but
278-not limited to, software, operating protocols, computer
279-program abstracts, file layouts, source listings, object
280-modules, load modules, user guides, documentation
281-
282-
283-pertaining to all logical and physical design of
284-computerized systems, employee manuals, and any other
285-information that, if disclosed, would jeopardize the
286-security of the system or its data or the security of
287-materials exempt under this Section.
288-(p) Records relating to collective negotiating matters
289-between public bodies and their employees or
290-representatives, except that any final contract or
291-agreement shall be subject to inspection and copying.
292-(q) Test questions, scoring keys, and other
293-examination data used to determine the qualifications of
294-an applicant for a license or employment.
295-(r) The records, documents, and information relating
296-to real estate purchase negotiations until those
297-negotiations have been completed or otherwise terminated.
298-With regard to a parcel involved in a pending or actually
299-and reasonably contemplated eminent domain proceeding
300-under the Eminent Domain Act, records, documents, and
301-information relating to that parcel shall be exempt except
302-as may be allowed under discovery rules adopted by the
303-Illinois Supreme Court. The records, documents, and
304-information relating to a real estate sale shall be exempt
305-until a sale is consummated.
306-(s) Any and all proprietary information and records
307-related to the operation of an intergovernmental risk
308-management association or self-insurance pool or jointly
309-
310-
311-self-administered health and accident cooperative or pool.
312-Insurance or self-insurance self insurance (including any
313-intergovernmental risk management association or
314-self-insurance self insurance pool) claims, loss or risk
315-management information, records, data, advice, or
316-communications.
317-(t) Information contained in or related to
318-examination, operating, or condition reports prepared by,
319-on behalf of, or for the use of a public body responsible
320-for the regulation or supervision of financial
321-institutions, insurance companies, or pharmacy benefit
322-managers, unless disclosure is otherwise required by State
323-law.
324-(u) Information that would disclose or might lead to
325-the disclosure of secret or confidential information,
326-codes, algorithms, programs, or private keys intended to
327-be used to create electronic signatures under the Uniform
328-Electronic Transactions Act.
329-(v) Vulnerability assessments, security measures, and
330-response policies or plans that are designed to identify,
331-prevent, or respond to potential attacks upon a
332-community's population or systems, facilities, or
333-installations, but only to the extent that disclosure
334-could reasonably be expected to expose the vulnerability
335-or jeopardize the effectiveness of the measures, policies,
336-or plans, or the safety of the personnel who implement
337-
338-
339-them or the public. Information exempt under this item may
340-include such things as details pertaining to the
341-mobilization or deployment of personnel or equipment, to
342-the operation of communication systems or protocols, to
343-cybersecurity vulnerabilities, or to tactical operations.
344-(w) (Blank).
345-(x) Maps and other records regarding the location or
346-security of generation, transmission, distribution,
347-storage, gathering, treatment, or switching facilities
348-owned by a utility, by a power generator, or by the
349-Illinois Power Agency.
350-(y) Information contained in or related to proposals,
351-bids, or negotiations related to electric power
352-procurement under Section 1-75 of the Illinois Power
353-Agency Act and Section 16-111.5 of the Public Utilities
354-Act that is determined to be confidential and proprietary
355-by the Illinois Power Agency or by the Illinois Commerce
356-Commission.
357-(z) Information about students exempted from
358-disclosure under Section Sections 10-20.38 or 34-18.29 of
359-the School Code, and information about undergraduate
360-students enrolled at an institution of higher education
361-exempted from disclosure under Section 25 of the Illinois
362-Credit Card Marketing Act of 2009.
363-(aa) Information the disclosure of which is exempted
364-under the Viatical Settlements Act of 2009.
365-
366-
367-(bb) Records and information provided to a mortality
368-review team and records maintained by a mortality review
369-team appointed under the Department of Juvenile Justice
370-Mortality Review Team Act.
371-(cc) Information regarding interments, entombments, or
372-inurnments of human remains that are submitted to the
373-Cemetery Oversight Database under the Cemetery Care Act or
374-the Cemetery Oversight Act, whichever is applicable.
375-(dd) Correspondence and records (i) that may not be
376-disclosed under Section 11-9 of the Illinois Public Aid
377-Code or (ii) that pertain to appeals under Section 11-8 of
378-the Illinois Public Aid Code.
379-(ee) The names, addresses, or other personal
380-information of persons who are minors and are also
381-participants and registrants in programs of park
382-districts, forest preserve districts, conservation
383-districts, recreation agencies, and special recreation
384-associations.
385-(ff) The names, addresses, or other personal
386-information of participants and registrants in programs of
387-park districts, forest preserve districts, conservation
388-districts, recreation agencies, and special recreation
389-associations where such programs are targeted primarily to
390-minors.
391-(gg) Confidential information described in Section
392-1-100 of the Illinois Independent Tax Tribunal Act of
393-
394-
395-2012.
396-(hh) The report submitted to the State Board of
397-Education by the School Security and Standards Task Force
398-under item (8) of subsection (d) of Section 2-3.160 of the
399-School Code and any information contained in that report.
400-(ii) Records requested by persons committed to or
401-detained by the Department of Human Services under the
402-Sexually Violent Persons Commitment Act or committed to
403-the Department of Corrections under the Sexually Dangerous
404-Persons Act if those materials: (i) are available in the
405-library of the facility where the individual is confined;
406-(ii) include records from staff members' personnel files,
407-staff rosters, or other staffing assignment information;
408-or (iii) are available through an administrative request
409-to the Department of Human Services or the Department of
410-Corrections.
411-(jj) Confidential information described in Section
412-5-535 of the Civil Administrative Code of Illinois.
413-(kk) The public body's credit card numbers, debit card
414-numbers, bank account numbers, Federal Employer
415-Identification Number, security code numbers, passwords,
416-and similar account information, the disclosure of which
417-could result in identity theft or impression or defrauding
418-of a governmental entity or a person.
419-(ll) Records concerning the work of the threat
420-assessment team of a school district, including, but not
421-
422-
423-limited to, any threat assessment procedure under the
424-School Safety Drill Act and any information contained in
425-the procedure.
426-(mm) Information prohibited from being disclosed under
427-subsections (a) and (b) of Section 15 of the Student
428-Confidential Reporting Act.
429-(nn) (mm) Proprietary information submitted to the
430-Environmental Protection Agency under the Drug Take-Back
431-Act.
432-(oo) (mm) Records described in subsection (f) of
433-Section 3-5-1 of the Unified Code of Corrections.
434-(pp) Any and all information regarding burials,
435-interments, or entombments of human remains as required to
436-be reported to the Department of Natural Resources
437-pursuant either to the Archaeological and Paleontological
438-Resources Protection Act or the Human Remains Protection
439-Act.
440-(1.5) Any information exempt from disclosure under the
441-Judicial Privacy Act shall be redacted from public records
442-prior to disclosure under this Act.
443-(2) A public record that is not in the possession of a
444-public body but is in the possession of a party with whom the
445-agency has contracted to perform a governmental function on
446-behalf of the public body, and that directly relates to the
447-governmental function and is not otherwise exempt under this
448-Act, shall be considered a public record of the public body,
449-
450-
451-for purposes of this Act.
452-(3) This Section does not authorize withholding of
453-information or limit the availability of records to the
454-public, except as stated in this Section or otherwise provided
455-in this Act.
456-(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
457-101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
458-6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
459-eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
460-102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
461-12-13-22.)
462-(Text of Section after amendment by P.A. 102-982)
463-Sec. 7. Exemptions.
464-(1) When a request is made to inspect or copy a public
465-record that contains information that is exempt from
466-disclosure under this Section, but also contains information
467-that is not exempt from disclosure, the public body may elect
468-to redact the information that is exempt. The public body
469-shall make the remaining information available for inspection
470-and copying. Subject to this requirement, the following shall
471-be exempt from inspection and copying:
472-(a) Information specifically prohibited from
473-disclosure by federal or State law or rules and
474-regulations implementing federal or State law.
475-(b) Private information, unless disclosure is required
476-
477-
478-by another provision of this Act, a State or federal law,
479-or a court order.
480-(b-5) Files, documents, and other data or databases
481-maintained by one or more law enforcement agencies and
482-specifically designed to provide information to one or
483-more law enforcement agencies regarding the physical or
484-mental status of one or more individual subjects.
485-(c) Personal information contained within public
486-records, the disclosure of which would constitute a
487-clearly unwarranted invasion of personal privacy, unless
488-the disclosure is consented to in writing by the
489-individual subjects of the information. "Unwarranted
490-invasion of personal privacy" means the disclosure of
491-information that is highly personal or objectionable to a
492-reasonable person and in which the subject's right to
493-privacy outweighs any legitimate public interest in
494-obtaining the information. The disclosure of information
495-that bears on the public duties of public employees and
496-officials shall not be considered an invasion of personal
497-privacy.
498-(d) Records in the possession of any public body
499-created in the course of administrative enforcement
500-proceedings, and any law enforcement or correctional
501-agency for law enforcement purposes, but only to the
502-extent that disclosure would:
503-(i) interfere with pending or actually and
504-
505-
506-reasonably contemplated law enforcement proceedings
507-conducted by any law enforcement or correctional
508-agency that is the recipient of the request;
509-(ii) interfere with active administrative
510-enforcement proceedings conducted by the public body
511-that is the recipient of the request;
512-(iii) create a substantial likelihood that a
513-person will be deprived of a fair trial or an impartial
514-hearing;
515-(iv) unavoidably disclose the identity of a
516-confidential source, confidential information
517-furnished only by the confidential source, or persons
518-who file complaints with or provide information to
519-administrative, investigative, law enforcement, or
520-penal agencies; except that the identities of
521-witnesses to traffic crashes, traffic crash reports,
522-and rescue reports shall be provided by agencies of
523-local government, except when disclosure would
524-interfere with an active criminal investigation
525-conducted by the agency that is the recipient of the
526-request;
527-(v) disclose unique or specialized investigative
528-techniques other than those generally used and known
529-or disclose internal documents of correctional
530-agencies related to detection, observation, or
531-investigation of incidents of crime or misconduct, and
532-
533-
534-disclosure would result in demonstrable harm to the
535-agency or public body that is the recipient of the
536-request;
537-(vi) endanger the life or physical safety of law
538-enforcement personnel or any other person; or
539-(vii) obstruct an ongoing criminal investigation
540-by the agency that is the recipient of the request.
541-(d-5) A law enforcement record created for law
542-enforcement purposes and contained in a shared electronic
543-record management system if the law enforcement agency
544-that is the recipient of the request did not create the
545-record, did not participate in or have a role in any of the
546-events which are the subject of the record, and only has
547-access to the record through the shared electronic record
548-management system.
549-(d-6) Records contained in the Officer Professional
550-Conduct Database under Section 9.2 of the Illinois Police
551-Training Act, except to the extent authorized under that
552-Section. This includes the documents supplied to the
553-Illinois Law Enforcement Training Standards Board from the
554-Illinois State Police and Illinois State Police Merit
555-Board.
556-(e) Records that relate to or affect the security of
557-correctional institutions and detention facilities.
558-(e-5) Records requested by persons committed to the
559-Department of Corrections, Department of Human Services
560-
561-
562-Division of Mental Health, or a county jail if those
563-materials are available in the library of the correctional
564-institution or facility or jail where the inmate is
565-confined.
566-(e-6) Records requested by persons committed to the
567-Department of Corrections, Department of Human Services
568-Division of Mental Health, or a county jail if those
569-materials include records from staff members' personnel
570-files, staff rosters, or other staffing assignment
571-information.
572-(e-7) Records requested by persons committed to the
573-Department of Corrections or Department of Human Services
574-Division of Mental Health if those materials are available
575-through an administrative request to the Department of
576-Corrections or Department of Human Services Division of
577-Mental Health.
578-(e-8) Records requested by a person committed to the
579-Department of Corrections, Department of Human Services
580-Division of Mental Health, or a county jail, the
581-disclosure of which would result in the risk of harm to any
582-person or the risk of an escape from a jail or correctional
583-institution or facility.
584-(e-9) Records requested by a person in a county jail
585-or committed to the Department of Corrections or
586-Department of Human Services Division of Mental Health,
587-containing personal information pertaining to the person's
588-
589-
590-victim or the victim's family, including, but not limited
591-to, a victim's home address, home telephone number, work
592-or school address, work telephone number, social security
593-number, or any other identifying information, except as
594-may be relevant to a requester's current or potential case
595-or claim.
596-(e-10) Law enforcement records of other persons
597-requested by a person committed to the Department of
598-Corrections, Department of Human Services Division of
599-Mental Health, or a county jail, including, but not
600-limited to, arrest and booking records, mug shots, and
601-crime scene photographs, except as these records may be
602-relevant to the requester's current or potential case or
603-claim.
604-(f) Preliminary drafts, notes, recommendations,
605-memoranda, and other records in which opinions are
606-expressed, or policies or actions are formulated, except
607-that a specific record or relevant portion of a record
608-shall not be exempt when the record is publicly cited and
609-identified by the head of the public body. The exemption
610-provided in this paragraph (f) extends to all those
611-records of officers and agencies of the General Assembly
612-that pertain to the preparation of legislative documents.
613-(g) Trade secrets and commercial or financial
614-information obtained from a person or business where the
615-trade secrets or commercial or financial information are
616-
617-
618-furnished under a claim that they are proprietary,
619-privileged, or confidential, and that disclosure of the
620-trade secrets or commercial or financial information would
621-cause competitive harm to the person or business, and only
622-insofar as the claim directly applies to the records
623-requested.
624-The information included under this exemption includes
625-all trade secrets and commercial or financial information
626-obtained by a public body, including a public pension
627-fund, from a private equity fund or a privately held
628-company within the investment portfolio of a private
629-equity fund as a result of either investing or evaluating
630-a potential investment of public funds in a private equity
631-fund. The exemption contained in this item does not apply
632-to the aggregate financial performance information of a
633-private equity fund, nor to the identity of the fund's
634-managers or general partners. The exemption contained in
635-this item does not apply to the identity of a privately
636-held company within the investment portfolio of a private
637-equity fund, unless the disclosure of the identity of a
638-privately held company may cause competitive harm.
639-Nothing contained in this paragraph (g) shall be
640-construed to prevent a person or business from consenting
641-to disclosure.
642-(h) Proposals and bids for any contract, grant, or
643-agreement, including information which if it were
644-
645-
646-disclosed would frustrate procurement or give an advantage
647-to any person proposing to enter into a contractor
648-agreement with the body, until an award or final selection
649-is made. Information prepared by or for the body in
650-preparation of a bid solicitation shall be exempt until an
651-award or final selection is made.
652-(i) Valuable formulae, computer geographic systems,
653-designs, drawings, and research data obtained or produced
654-by any public body when disclosure could reasonably be
655-expected to produce private gain or public loss. The
656-exemption for "computer geographic systems" provided in
657-this paragraph (i) does not extend to requests made by
658-news media as defined in Section 2 of this Act when the
659-requested information is not otherwise exempt and the only
660-purpose of the request is to access and disseminate
661-information regarding the health, safety, welfare, or
662-legal rights of the general public.
663-(j) The following information pertaining to
664-educational matters:
665-(i) test questions, scoring keys, and other
666-examination data used to administer an academic
667-examination;
668-(ii) information received by a primary or
669-secondary school, college, or university under its
670-procedures for the evaluation of faculty members by
671-their academic peers;
672-
673-
674-(iii) information concerning a school or
675-university's adjudication of student disciplinary
676-cases, but only to the extent that disclosure would
677-unavoidably reveal the identity of the student; and
678-(iv) course materials or research materials used
679-by faculty members.
680-(k) Architects' plans, engineers' technical
681-submissions, and other construction related technical
682-documents for projects not constructed or developed in
683-whole or in part with public funds and the same for
684-projects constructed or developed with public funds,
685-including, but not limited to, power generating and
686-distribution stations and other transmission and
687-distribution facilities, water treatment facilities,
688-airport facilities, sport stadiums, convention centers,
689-and all government owned, operated, or occupied buildings,
690-but only to the extent that disclosure would compromise
691-security.
692-(l) Minutes of meetings of public bodies closed to the
693-public as provided in the Open Meetings Act until the
694-public body makes the minutes available to the public
695-under Section 2.06 of the Open Meetings Act.
696-(m) Communications between a public body and an
697-attorney or auditor representing the public body that
698-would not be subject to discovery in litigation, and
699-materials prepared or compiled by or for a public body in
700-
701-
702-anticipation of a criminal, civil, or administrative
703-proceeding upon the request of an attorney advising the
704-public body, and materials prepared or compiled with
705-respect to internal audits of public bodies.
706-(n) Records relating to a public body's adjudication
707-of employee grievances or disciplinary cases; however,
708-this exemption shall not extend to the final outcome of
709-cases in which discipline is imposed.
710-(o) Administrative or technical information associated
711-with automated data processing operations, including, but
712-not limited to, software, operating protocols, computer
713-program abstracts, file layouts, source listings, object
714-modules, load modules, user guides, documentation
715-pertaining to all logical and physical design of
716-computerized systems, employee manuals, and any other
717-information that, if disclosed, would jeopardize the
718-security of the system or its data or the security of
719-materials exempt under this Section.
720-(p) Records relating to collective negotiating matters
721-between public bodies and their employees or
722-representatives, except that any final contract or
723-agreement shall be subject to inspection and copying.
724-(q) Test questions, scoring keys, and other
725-examination data used to determine the qualifications of
726-an applicant for a license or employment.
727-(r) The records, documents, and information relating
728-
729-
730-to real estate purchase negotiations until those
731-negotiations have been completed or otherwise terminated.
732-With regard to a parcel involved in a pending or actually
733-and reasonably contemplated eminent domain proceeding
734-under the Eminent Domain Act, records, documents, and
735-information relating to that parcel shall be exempt except
736-as may be allowed under discovery rules adopted by the
737-Illinois Supreme Court. The records, documents, and
738-information relating to a real estate sale shall be exempt
739-until a sale is consummated.
740-(s) Any and all proprietary information and records
741-related to the operation of an intergovernmental risk
742-management association or self-insurance pool or jointly
743-self-administered health and accident cooperative or pool.
744-Insurance or self-insurance self insurance (including any
745-intergovernmental risk management association or
746-self-insurance self insurance pool) claims, loss or risk
747-management information, records, data, advice, or
748-communications.
749-(t) Information contained in or related to
750-examination, operating, or condition reports prepared by,
751-on behalf of, or for the use of a public body responsible
752-for the regulation or supervision of financial
753-institutions, insurance companies, or pharmacy benefit
754-managers, unless disclosure is otherwise required by State
755-law.
756-
757-
758-(u) Information that would disclose or might lead to
759-the disclosure of secret or confidential information,
760-codes, algorithms, programs, or private keys intended to
761-be used to create electronic signatures under the Uniform
762-Electronic Transactions Act.
763-(v) Vulnerability assessments, security measures, and
764-response policies or plans that are designed to identify,
765-prevent, or respond to potential attacks upon a
766-community's population or systems, facilities, or
767-installations, but only to the extent that disclosure
768-could reasonably be expected to expose the vulnerability
769-or jeopardize the effectiveness of the measures, policies,
770-or plans, or the safety of the personnel who implement
771-them or the public. Information exempt under this item may
772-include such things as details pertaining to the
773-mobilization or deployment of personnel or equipment, to
774-the operation of communication systems or protocols, to
775-cybersecurity vulnerabilities, or to tactical operations.
776-(w) (Blank).
777-(x) Maps and other records regarding the location or
778-security of generation, transmission, distribution,
779-storage, gathering, treatment, or switching facilities
780-owned by a utility, by a power generator, or by the
781-Illinois Power Agency.
782-(y) Information contained in or related to proposals,
783-bids, or negotiations related to electric power
784-
785-
786-procurement under Section 1-75 of the Illinois Power
787-Agency Act and Section 16-111.5 of the Public Utilities
788-Act that is determined to be confidential and proprietary
789-by the Illinois Power Agency or by the Illinois Commerce
790-Commission.
791-(z) Information about students exempted from
792-disclosure under Section Sections 10-20.38 or 34-18.29 of
793-the School Code, and information about undergraduate
794-students enrolled at an institution of higher education
795-exempted from disclosure under Section 25 of the Illinois
796-Credit Card Marketing Act of 2009.
797-(aa) Information the disclosure of which is exempted
798-under the Viatical Settlements Act of 2009.
799-(bb) Records and information provided to a mortality
800-review team and records maintained by a mortality review
801-team appointed under the Department of Juvenile Justice
802-Mortality Review Team Act.
803-(cc) Information regarding interments, entombments, or
804-inurnments of human remains that are submitted to the
805-Cemetery Oversight Database under the Cemetery Care Act or
806-the Cemetery Oversight Act, whichever is applicable.
807-(dd) Correspondence and records (i) that may not be
808-disclosed under Section 11-9 of the Illinois Public Aid
809-Code or (ii) that pertain to appeals under Section 11-8 of
810-the Illinois Public Aid Code.
811-(ee) The names, addresses, or other personal
812-
813-
814-information of persons who are minors and are also
815-participants and registrants in programs of park
816-districts, forest preserve districts, conservation
817-districts, recreation agencies, and special recreation
818-associations.
819-(ff) The names, addresses, or other personal
820-information of participants and registrants in programs of
821-park districts, forest preserve districts, conservation
822-districts, recreation agencies, and special recreation
823-associations where such programs are targeted primarily to
824-minors.
825-(gg) Confidential information described in Section
826-1-100 of the Illinois Independent Tax Tribunal Act of
827-2012.
828-(hh) The report submitted to the State Board of
829-Education by the School Security and Standards Task Force
830-under item (8) of subsection (d) of Section 2-3.160 of the
831-School Code and any information contained in that report.
832-(ii) Records requested by persons committed to or
833-detained by the Department of Human Services under the
834-Sexually Violent Persons Commitment Act or committed to
835-the Department of Corrections under the Sexually Dangerous
836-Persons Act if those materials: (i) are available in the
837-library of the facility where the individual is confined;
838-(ii) include records from staff members' personnel files,
839-staff rosters, or other staffing assignment information;
840-
841-
842-or (iii) are available through an administrative request
843-to the Department of Human Services or the Department of
844-Corrections.
845-(jj) Confidential information described in Section
846-5-535 of the Civil Administrative Code of Illinois.
847-(kk) The public body's credit card numbers, debit card
848-numbers, bank account numbers, Federal Employer
849-Identification Number, security code numbers, passwords,
850-and similar account information, the disclosure of which
851-could result in identity theft or impression or defrauding
852-of a governmental entity or a person.
853-(ll) Records concerning the work of the threat
854-assessment team of a school district, including, but not
855-limited to, any threat assessment procedure under the
856-School Safety Drill Act and any information contained in
857-the procedure.
858-(mm) Information prohibited from being disclosed under
859-subsections (a) and (b) of Section 15 of the Student
860-Confidential Reporting Act.
861-(nn) (mm) Proprietary information submitted to the
862-Environmental Protection Agency under the Drug Take-Back
863-Act.
864-(oo) (mm) Records described in subsection (f) of
865-Section 3-5-1 of the Unified Code of Corrections.
866-(pp) Any and all information regarding burials,
867-interments, or entombments of human remains as required to
868-
869-
870-be reported to the Department of Natural Resources
871-pursuant either to the Archaeological and Paleontological
872-Resources Protection Act or the Human Remains Protection
873-Act.
874-(1.5) Any information exempt from disclosure under the
875-Judicial Privacy Act shall be redacted from public records
876-prior to disclosure under this Act.
877-(2) A public record that is not in the possession of a
878-public body but is in the possession of a party with whom the
879-agency has contracted to perform a governmental function on
880-behalf of the public body, and that directly relates to the
881-governmental function and is not otherwise exempt under this
882-Act, shall be considered a public record of the public body,
883-for purposes of this Act.
884-(3) This Section does not authorize withholding of
885-information or limit the availability of records to the
886-public, except as stated in this Section or otherwise provided
887-in this Act.
888-(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
889-101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
890-6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
891-eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
892-102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
893-6-10-22; revised 12-13-22.)
894-Section 15. The Seizure and Forfeiture Reporting Act is
895-
896-
897-amended by changing Section 5 as follows:
898-(5 ILCS 810/5)
899-Sec. 5. Applicability. This Act is applicable to property
900-seized or forfeited under the following provisions of law:
901-(1) Section 3.23 of the Illinois Food, Drug and
902-Cosmetic Act;
903-(2) Section 44.1 of the Environmental Protection Act;
904-(3) Section 105-55 of the Herptiles-Herps Act;
905-(4) Section 1-215 of the Fish and Aquatic Life Code;
906-(5) Section 1.25 of the Wildlife Code;
907-(6) Section 17-10.6 of the Criminal Code of 2012
908-(financial institution fraud);
909-(7) Section 28-5 of the Criminal Code of 2012
910-(gambling);
911-(8) Article 29B of the Criminal Code of 2012 (money
912-laundering);
913-(9) Article 33G of the Criminal Code of 2012 (Illinois
914-Street Gang and Racketeer Influenced And Corrupt
915-Organizations Law);
916-(10) Article 36 of the Criminal Code of 2012 (seizure
917-and forfeiture of vessels, vehicles, and aircraft);
918-(11) Section 47-15 of the Criminal Code of 2012
919-(dumping garbage upon real property);
920-(12) Article 124B of the Code of Criminal Procedure of
921-1963 (forfeiture);
922-
923-
924-(13) the Drug Asset Forfeiture Procedure Act;
925-(14) the Narcotics Profit Forfeiture Act;
926-(15) the Illinois Streetgang Terrorism Omnibus
927-Prevention Act; and
928-(16) the Illinois Securities Law of 1953; .
929-(17) the Archaeological and Paleontological Resources
930-Protection Act; and
931-(18) the Human Remains Protection Act.
932-(Source: P.A. 102-558, eff. 8-20-21.)
933-Section 20. The Archaeological and Paleontological
934-Resources Protection Act is amended by changing Sections .02,
935-3, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
936-(20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
937-Sec. .02. Definitions. For purposes of this Act:
938-(a) "Archaeological resource" means any significant
939-material remains or localities of past human life or
940-activities on public land, including but not limited to
941-artifacts, historic and prehistoric human skeletal remains,
942-mounds, earthworks, shipwrecks, forts, village sites or mines.
943-(b) "Department" means the Department of Natural
944-Resources.
945-"Disturb" includes defacing, mutilating, injuring,
946-exposing, removing, destroying, desecrating or molesting in
947-any way.
948-
949-
950-"Human remains" include the bones and decomposed fleshy
951-parts of a deceased human body.
952-(c) "Paleontological resource" means any significant
953-fossil or material remains on public lands including traces or
954-impressions of animals or plants that occur as part of the
955-geological record that are known and are included in the files
956-maintained by the Department Illinois State Museum under
957-Section 10.
958-(d) "Person" means any natural individual, firm, trust,
959-estate, partnership, association, joint stock company, joint
960-venture, corporation or a receiver, trustee, guardian or other
961-representative appointed by order of any court, the federal
962-and State governments, including State universities created by
963-statute or any city, town, county or other political
964-subdivision of this State.
965-(e) "Public land" means any land owned, but does not
966-include land leased as lessee, by the State of Illinois or its
967-agencies, a State university created by statute, a
968-municipality or a unit of local government.
969-(Source: P.A. 86-459; 86-707.)
970-(20 ILCS 3435/3) (from Ch. 127, par. 133c3)
971-Sec. 3. Permits.
972-(a) It is unlawful for any person, either by himself or
973-through an agent, to knowingly explore, excavate, possess, or
974-collect any of the archaeological or paleontological resources
975-
976-
977-protected by this Act, unless such person obtains a permit
978-issued by the Department of Natural Resources.
979-(b) It is unlawful for any person, either by himself or
980-through an agent, to knowingly disturb any archaeological or
981-paleontological resource protected under this Act.
982-(c) It is unlawful for any person, either by himself or
983-through an agent, to offer any object for sale or exchange with
984-the knowledge that it has been previously collected or
985-excavated in violation of this Act.
986-(Source: P.A. 100-695, eff. 8-3-18.)
987-(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
988-Sec. 5. Penalties. Any violation of Section 3 not
989-involving the disturbance of human skeletal remains is a Class
990-A misdemeanor and the violator shall also be subject to
991-imprisonment and a fine not in excess of $5,000; any
992-subsequent violation is a Class 4 felony. Any violation of
993-Section 3 involving disturbance of human skeletal remains is a
994-Class 4 felony. Each disturbance of an archaeological site or
995-a paleontological site shall constitute a single offense.
996-Persons convicted of a violation of Section 3 shall also be
997-ordered to pay restitution. Such restitution is liable for
998-civil damages to be assessed by the circuit court land
999-managing agency and the Department of Natural Resources.
1000-Restitution Civil damages may include, but is not limited to:
1001-(a) (blank); forfeiture of any and all equipment used
1002-
1003-
1004-in acquiring the protected material;
1005-(b) any and all costs incurred in cleaning, restoring,
1006-analyzing, accessioning and curating the recovered
1007-materials;
1008-(c) any and all costs associated with restoring the
1009-land to its original contour;
1010-(d) any and all costs associated with recovery of data
1011-and analyzing, publishing, accessioning and curating
1012-materials when the prohibited activity is so extensive as
1013-to preclude the restoration of the archaeological or
1014-paleontological site;
1015-(e) any and all costs associated with the
1016-determination and collection of restitution the civil
1017-damages.
1018-When restitution is ordered in a case that is prosecuted
1019-by civil damages are recovered through the Attorney General,
1020-all restitution the proceeds shall be deposited into the
1021-Historic Sites Fund; when restitution is ordered in a case
1022-that is prosecuted by civil damages are recovered through the
1023-State's Attorney, the proceeds shall be deposited into the
1024-county fund designated by the county board.
1025-(Source: P.A. 100-695, eff. 8-3-18.)
1026-(20 ILCS 3435/7) (from Ch. 127, par. 133c7)
1027-Sec. 7. Property of the State; Department management. All
1028-materials and associated records remain the property of the
1029-
1030-
1031-State and are managed by the Department Illinois State Museum.
1032-The Illinois State Museum, in consultation with the Department
1033-of Natural Resources, is authorized to establish long-term
1034-curation agreements with Tribal Nations, universities, museums
1035-and other organizations.
1036-(Source: P.A. 100-695, eff. 8-3-18.)
1037-(20 ILCS 3435/8) (from Ch. 127, par. 133c8)
1038-Sec. 8. Department exempt from permit requirements.
1039-(a) The Department Illinois State Museum shall be exempt
1040-from the permit requirements established by this Act for lands
1041-under its direct management but shall register that
1042-exploration with the Department of Natural Resources; such
1043-registration shall include the information required under
1044-subsection (c) of Section 6.
1045-(b) Any agency or department of the State of Illinois
1046-which has on its staff a professional archaeologist or
1047-paleontologist who meets the minimum qualifications
1048-established in Section 9 and which has in effect a memorandum
1049-of agreement with the Department of Natural Resources for the
1050-protection, preservation and management of archaeological and
1051-paleontological resources shall be exempt from the permit
1052-requirements established by this Act.
1053-(c) Activities reviewed by the Department of Natural
1054-Resources pursuant to Section 106 of the National Historic
1055-Preservation Act (16 U.S.C. 470f) shall be exempt from these
1056-
1057-
1058-permitting requirements.
1059-(d) Where a local government's activities are funded in
1060-whole or in part by a State agency and the funded activities
1061-are supervised or controlled by the State agency, the local
1062-government shall be exempt from the permit requirements
1063-established by this Act to the same extent that the State
1064-agency is exempt. The State agency shall be responsible for
1065-undertaking or causing to be undertaken any steps necessary to
1066-comply with this Act for those local government actions so
1067-exempted.
1068-(Source: P.A. 100-695, eff. 8-3-18.)
1069-(20 ILCS 3435/10) (from Ch. 127, par. 133c10)
1070-Sec. 10. Files containing information on known
1071-archaeological and paleontological sites. The Illinois State
1072-Museum, in cooperation with the Department of Natural
1073-Resources, shall develop and maintain files containing
1074-information on known archaeological and paleontological sites
1075-in the State, whether on State controlled or privately owned
1076-property. The Department of Natural Resources shall ensure the
1077-safety of those sites by promulgating regulations limiting
1078-access to those files as necessary.
1079-(Source: P.A. 100-695, eff. 8-3-18.)
1080-(20 ILCS 3435/11) (from Ch. 127, par. 133c11)
1081-Sec. 11. Violation of administrative rules. The Department
1082-
1083-
1084-of Natural Resources, in consultation with other State
1085-agencies and Departments that own or control land, shall
1086-promulgate such regulations as may be necessary to carry out
1087-the purposes of this Act.
1088-It is unlawful to violate any administrative rule
1089-promulgated pursuant to this Act. A violation of
1090-administrative rules promulgated pursuant to this Act is a
1091-Class B misdemeanor.
1092-(Source: P.A. 100-695, eff. 8-3-18.)
1093-(20 ILCS 3435/12 new)
1094-Sec. 12. Seizure.
1095-(a) Every device, equipment, tool, vehicle or conveyance,
1096-when used or operated illegally, or attempted to be used or
1097-operated illegally by any person in taking, transporting,
1098-holding, disturbing, exploring, excavating, collecting or
1099-conveying any archaeological or paleontological resources,
1100-contrary to the provisions of this Act, including
1101-administrative rules, is a public nuisance and subject to
1102-seizure and confiscation by any authorized employee of the
1103-Department; upon the seizure of such item the Department shall
1104-take and hold the same until disposed of as hereinafter
1105-provided.
1106-(b) Upon the seizure of any property as herein provided,
1107-the authorized employee of the Department making such seizure
1108-shall forthwith cause a complaint to be filed before the
1109-
1110-
1111-circuit court and a summons to be issued requiring the person
1112-who illegally used or operated or attempted to use or operate
1113-such property and the owner and person in possession of such
1114-property to appear in court and show cause why the property
1115-seized should not be forfeited to the State. Upon the return of
1116-the summons duly served or other notice as herein provided,
1117-the court shall proceed to determine the question of the
1118-illegality of the use of the seized property and upon judgment
1119-being entered to the effect that such property was illegally
1120-used, an order may be entered providing for the forfeiture of
1121-such seized property to the Department and shall thereupon
1122-become the property of the Department; but the owner of such
1123-property may have a jury determine the illegality of its use,
1124-and shall have the right of an appeal, as in other cases. Such
1125-confiscation or forfeiture shall not preclude or mitigate
1126-against prosecution and assessment of penalties otherwise
1127-provided in this Act.
1128-(c) Upon seizure of any property under circumstances
1129-supporting a reasonable belief that such property was
1130-abandoned, lost or stolen or otherwise illegally possessed or
1131-used contrary to the provisions of this Act, except property
1132-seized during a search or arrest, and ultimately returned,
1133-destroyed, or otherwise disposed of pursuant to order of a
1134-court in accordance with this Act, the Department shall make
1135-reasonable inquiry and efforts to identify and notify the
1136-owner or other person entitled to possession thereof, and
1137-
1138-
1139-shall return the property after such person provides
1140-reasonable and satisfactory proof of his ownership or right to
1141-possession and reimburses the Department for all reasonable
1142-expenses of such custody. If the identity or location of the
1143-owner or other person entitled to possession of the property
1144-has not been ascertained within 6 months after the Department
1145-obtains such possession, the Department shall effectuate the
1146-sale of the property for cash to the highest bidder at a public
1147-auction. The owner or other person entitled to possession of
1148-such property may claim and recover possession of the property
1149-at any time before its sale at public auction, upon providing
1150-reasonable and satisfactory proof of ownership or right of
1151-possession and reimbursing the Department for all reasonable
1152-expenses of custody thereof.
1153-(d) Any property forfeited to the State by court order
1154-pursuant to this Section may be disposed of by public auction,
1155-except that any property which is the subject of such a court
1156-order shall not be disposed of pending appeal of the order. The
1157-proceeds of the sales at auction shall be deposited in the
1158-Historic Sites Fund.
1159-(e) The Department shall pay all costs of notices required
1160-by this Section.
1161-Property seized or forfeited under this Section is subject
1162-to reporting under the Seizure and Forfeiture Reporting Act.
1163-(f) This Section does not apply to archaeological or
1164-paleontological resources that were recovered by the
1165-
1166-
1167-Department or other law enforcement agency during an
1168-investigation of a violation of this Act.
1169-Section 25. The Human Skeletal Remains Protection Act is
1170-amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12,
1171-13, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and
1172-16.3 as follows:
1173-(20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
1174-Sec. 0.01. Short title. This Act may be cited as the Human
1175-Skeletal Remains Protection Act.
1176-(Source: P.A. 86-1324.)
1177-(20 ILCS 3440/1) (from Ch. 127, par. 2661)
1178-Sec. 1. Definitions. For the purposes of this Act:
1179-"Department" means the Department of Natural Resources.
1180-"Disturb" or "disturbance" includes excavating, removing,
1181-exposing, probing, defacing, mutilating, destroying,
1182-molesting, or desecrating in any way human remains,
1183-unregistered graves, grave artifacts, and grave markers.
1184-"Encounter" means to come upon human remains, grave
1185-artifacts, grave markers, or unregistered graves at a location
1186-where such viewing was not expected or anticipated.
1187-"Grave artifacts" means any item of human manufacture or
1188-use that is associated with the human remains in an
1189-unregistered grave.
1190-
1191-
1192-"Grave markers" means any tomb, monument, stone, ornament,
1193-mound, or other item of human manufacture that is associated
1194-with an unregistered grave.
1195-(a) "Human skeletal remains" include the bones and
1196-decomposed fleshy parts of a deceased human body.
1197-"Person" means any natural individual, firm, trust,
1198-estate, partnership, association, joint stock company, joint
1199-venture, limited-liability company, corporation or a receiver,
1200-trustee, guardian or other representatives appointed by order
1201-of any court, the Federal and State governments, including
1202-State Universities created by statute or any city, town,
1203-county or other political subdivision of this State.
1204-"Tribal consultation" means a form of communication
1205-centered in trust, respect and shared responsibility that
1206-upholds Tribal sovereignty. It is a free and open process
1207-where the exchange of information and opinions are shared
1208-among the participating parties.
1209-"Undertaking" means any project, activity, or construction
1210-that can result in changes to, disturbance of, moving, or
1211-destruction of human remains, grave artifacts, grave markers
1212-or unregistered graves.
1213-(b) "Unregistered grave graves" means are any grave graves
1214-or location locations where a human body has been buried or
1215-deposited; is over 100 years old; and is not in a cemetery
1216-registered with or licensed by the State Comptroller under the
1217-Cemetery Care Act or under the authority of the Illinois
1218-
1219-
1220-Department of Financial and Professional Regulation pursuant
1221-to the Cemetery Oversight Act, whichever is applicable.
1222-(c) "Grave artifacts" are any item of human manufacture or
1223-use that is associated with the human skeletal remains in an
1224-unregistered grave.
1225-(d) "Grave markers" are any tomb, monument, stone,
1226-ornament, mound, or other item of human manufacture that is
1227-associated with an unregistered grave.
1228-(e) "Person" means any natural individual, firm, trust,
1229-estate, partnership, association, joint stock company, joint
1230-venture, corporation or a receiver, trustee, guardian or other
1231-representatives appointed by order of any court, the Federal
1232-and State governments, including State Universities created by
1233-statute or any city, town, county or other political
1234-subdivision of this State.
1235-(f) "Disturb" includes excavating, removing, exposing,
1236-defacing, mutilating, destroying, molesting, or desecrating in
1237-any way human skeletal remains, unregistered graves, and grave
1238-markers.
1239-(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
1240-(20 ILCS 3440/2) (from Ch. 127, par. 2662)
1241-Sec. 2. Legislative finding and intentions. The General
1242-Assembly finds that existing laws do not provide equal or
1243-adequate protection for all human graves. There is a real and
1244-growing threat to the safety and sanctity of unregistered and
1245-
1246-
1247-unmarked graves. Numerous incidents in Illinois have resulted
1248-in the desecration of human remains and vandalism to graves
1249-and grave markers. Similar incidents have occurred in
1250-neighboring states and as a result those states have increased
1251-their criminal penalties for such conduct. Strong and
1252-meaningful relationships between the State of Illinois and
1253-tribal nations geographically and culturally affiliated to the
1254-land now known as the State of Illinois must be cultivated.
1255-There is a strong likelihood that persons engaged for personal
1256-or financial gain in the mining of prehistoric and historic
1257-Indian, pioneer, and Civil War veteran's graves will move
1258-their operations to Illinois to avoid the increased penalties
1259-being imposed in neighboring states. There is an immediate
1260-need for legislation to protect the graves of Native Americans
1261-and any other peoples geographically and culturally affiliated
1262-to the land now known as the State of Illinois these earlier
1263-Illinoisans from such desecration. The General Assembly
1264-intends to assure with this Act that all human burials be
1265-accorded equal treatment and respect for human dignity without
1266-reference to ethnic origins, cultural backgrounds or religious
1267-affiliations.
1268-The General Assembly finds that the intentional looting
1269-of, desecration of, or profiting from human remains and
1270-mortuary objects are deplorable actions that must be
1271-prohibited. When human remains and unregistered graves are
1272-unintentionally encountered, they must be treated with respect
1273-
1274-
1275-and in accordance with law. This Act is not intended The
1276-General Assembly also finds that those persons engaged in the
1277-scientific study or collecting of artifacts which have not
1278-been acquired in violation of law are engaged in legitimate
1279-and worthy scientific, educational and recreational
1280-activities. This Act is not intended to interfere with the
1281-continued legitimate collecting activities or studies of such
1282-persons; nor is it intended to interfere with the normal
1283-enjoyment of private property owners, farmers, or those
1284-engaged in the development, mining or improvement of real
1285-property.
1286-(Source: P.A. 95-331, eff. 8-21-07.)
1287-(20 ILCS 3440/3) (from Ch. 127, par. 2663)
1288-Sec. 3. Notification to coroner and Department. Any person
1289-who encounters discovers human skeletal remains subject to
1290-this Act shall promptly notify the coroner and shall notify
1291-the Department within 48 hours of the encounter. Any person
1292-who knowingly fails to report such an encounter as required by
1293-this section a discovery within 48 hours is guilty of a Class C
1294-misdemeanor, unless such person has reasonable cause to
1295-believe that the coroner and the Department had already been
1296-so notified. If the human skeletal remains appear to be from an
1297-unregistered grave, the coroner shall promptly notify the
1298-Department of Natural Resources prior to their removal.
1299-Nothing in this Act shall be construed to apply to human
1300-
1301-
1302-skeletal remains subject to "An Act to revise the law in
1303-relation to coroners".
1304-(Source: P.A. 100-695, eff. 8-3-18.)
1305-(20 ILCS 3440/3.5 new)
1306-Sec. 3.5. Encounter procedure. When an undertaking
1307-encounters human remains, unregistered graves, grave markers,
1308-or grave artifacts, all activities shall cease within a
1309-100-foot radius of the encounter. The encountering party shall
1310-notify the coroner and the Department as required in Section
1311-3. If the coroner determines that the human remains are not
1312-over 100 years old, no further action is required under this
1313-Act. If the coroner does determine that the human remains are
1314-over 100 years old, the Department shall review the
1315-undertaking and may issue a permit pursuant to Section 13.
1316-During its review, if it is determined by the Department that
1317-the human remains, unregistered grave, grave marker, or grave
1318-artifact are Native American in origin, the Department shall
1319-conduct tribal consultation with the tribal nations that
1320-identify as having or having had a historical, cultural, or
1321-geographic affiliation on the land where the undertaking will
1322-occur.
1323-(20 ILCS 3440/4) (from Ch. 127, par. 2664)
1324-Sec. 4. Disturbing human remains.
1325-(a) It is unlawful for any person, either by himself or
1326-
1327-
1328-through an agent, to knowingly or recklessly disturb or to
1329-knowingly or recklessly allow the disturbance of human
1330-skeletal remains, unregistered graves, grave markers, or and
1331-grave artifacts that originated from any land that is now part
1332-of the State of Illinois and in unregistered graves protected
1333-by this Act unless such disturbance is authorized by person
1334-obtains a permit issued by the Department of Natural
1335-Resources. A violation of this Section is a Class 4 felony.
1336-(b) This Section does not apply to:
1337-(1) persons employed by or agents of a county medical
1338-examiner's office or coroner's office acting within the
1339-scope of their employment;
1340-(2) the acts of a licensed funeral director or
1341-embalmer while performing acts authorized by the Funeral
1342-Directors and Embalmers Licensing Code;
1343-(3) cemeteries and cemetery personnel while performing
1344-acts pursuant to a bona fide request from the involved
1345-cemetery consumer or his or her heirs, or pursuant to an
1346-interment or disinterment permit or a court order, or as
1347-authorized under Section 14.5 of the Cemetery Protection
1348-Act, or any other actions legally authorized for cemetery
1349-employees;
1350-(4) the acts of emergency medical personnel or
1351-physicians performed in good faith and according to the
1352-usual and customary standards of medical practice in an
1353-attempt to resuscitate a life;
1354-
1355-
1356-(5) physicians licensed to practice medicine in all of
1357-its branches or holding a visiting professor, physician,
1358-or resident permit under the Medical Practice Act of 1987,
1359-performing acts in accordance with usual and customary
1360-standards of medical practice, or a currently enrolled
1361-student in an accredited medical school in furtherance of
1362-his or her education at the accredited medical school;
1363-(6) removing or carrying away human remains by the
1364-employees, independent contractors, or other persons
1365-designated by the federally designated organ procurement
1366-agency engaged in the organ and tissue procurement
1367-process; or
1368-(7) Department employees in the course of their
1369-official duties pursuant to this Act.
1370-(Source: P.A. 100-695, eff. 8-3-18.)
1371-(20 ILCS 3440/6) (from Ch. 127, par. 2666)
1372-Sec. 6. Violations.
1373-(a) It is unlawful for any person, either by himself or
1374-through an agent, to knowingly or recklessly:
1375-(1) charge admission or a fee to observe;
1376-(2) sell;
1377-(3) purchase; or
1378-(4) transport for sale or to a location that will
1379-charge admission or a fee to observe any human remains,
1380-grave artifacts, or grave markers that are Native American
1381-
1382-
1383-in origin or that originated from any land that is now part
1384-of the State of Illinois.
1385-A person who violates this Section commits a Class A
1386-misdemeanor for a first violation and a Class 4 felony for a
1387-second or subsequent violation offer any human skeletal
1388-remains, grave artifacts or grave markers for sale or exchange
1389-with the knowledge that they have been collected or excavated
1390-in violation of this Act.
1391-(b) This Section does not apply to:
1392-(1) the acts of a licensed funeral director or
1393-embalmer while performing acts authorized by the Funeral
1394-Directors and Embalmers Licensing Code; or
1395-(2) cemeteries and cemetery personnel while performing
1396-acts pursuant to a bona fide request from the involved
1397-cemetery consumer or his or her heirs, or pursuant to an
1398-interment or disinterment permit or a court order, or as
1399-authorized under Section 14.5 of the Cemetery Protection
1400-Act, or any other actions legally authorized for cemetery
1401-employees.
1402-(Source: P.A. 86-151.)
1403-(20 ILCS 3440/8) (from Ch. 127, par. 2668)
1404-Sec. 8. Duties of the State's Attorney and Attorney
1405-General. The State's Attorney of the county in which a
1406-violation of Sections 4, 5, 6, or 7 of this Act or
1407-administrative rules is alleged to have occurred, or the
1408-
1409-
1410-Attorney General, may be requested by the Department Director
1411-of Natural Resources to initiate criminal prosecutions and or
1412-to seek restitution, civil damages, injunctive relief and any
1413-other appropriate relief. The Department of Natural Resources
1414-shall co-operate with the State's Attorney or the Attorney
1415-General. Persons wishing to report aware of any violations of
1416-this Act shall contact the Department of Natural Resources.
1417-(Source: P.A. 100-695, eff. 8-3-18.)
1418-(20 ILCS 3440/9) (from Ch. 127, par. 2669)
1419-Sec. 9. Rewards for information leading to arrest of
1420-violators of the Act. The Department of Natural Resources is
1421-authorized to offer a reward of up to $5,000 $2000 for
1422-information leading to the arrest and conviction of persons
1423-who violate Sections 4, 5, 6, and 7 of this Act.
1424-(Source: P.A. 100-695, eff. 8-3-18.)
1425-(20 ILCS 3440/10) (from Ch. 127, par. 2670)
1426-Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of
1427-this Act, unless otherwise specified, is a Class A misdemeanor
1428-for a first violation and a Class 4 felony for a second or
1429-subsequent violation. Any violation of administrative rules
1430-adopted under this Act is a Class B misdemeanor and the
1431-violator shall be subject to imprisonment for not more than 1
1432-year and a fine not in excess of $10,000; any subsequent
1433-violation is a Class 4 felony. Each disturbance of human
1434-
1435-
1436-remains, an unregistered graves, grave markers, or grave
1437-artifacts grave constitutes a separate offense.
1438-(Source: P.A. 86-151.)
1439-(20 ILCS 3440/12) (from Ch. 127, par. 2672)
1440-Sec. 12. Restitution. Persons convicted of a violation of
1441-Section 3, 3.5, 4, or 6 Section 4 or 5 of this Act shall also
1442-be liable for restitution civil damages to be assessed by the
1443-circuit court Historic Preservation Agency. Restitution Civil
1444-damages may include, but is not limited to:
1445-(a) (blank); forfeiture of any and all equipment used in
1446-disturbing the protected unregistered graves or grave markers;
1447-(b) any and all costs incurred in cleaning, restoring,
1448-repairing, analyzing, accessioning and curating the recovered
1449-materials, including, but not limited to, fees for experts the
1450-Department needed to complete any restoration or
1451-identification required under this Act;
1452-(c) any and all costs associated with restoring the land
1453-to its original contour or the grave marker to its original
1454-condition;
1455-(d) any and all costs associated with recovery of data,
1456-and analyzing, publishing, accessioning and curating materials
1457-when the prohibited activity is so extensive as to preclude
1458-the restoration of the unregistered burials or grave markers;
1459-(e) any and all costs associated with the reinterment of
1460-the human skeletal remains;
1461-
1462-
1463-(f) any and all costs associated with the determination
1464-and collection of restitution; and the civil damages.
1465-(g) for Native American remains and materials, any and all
1466-costs of traveling for tribal nation representatives for
1467-reinterment or repatriation activities and for non-Native
1468-American remains and materials, any and all costs of traveling
1469-for experts the Department needed to complete any restoration
1470-or identification required under this Act.
1471-When restitution is ordered in a case prosecuted by civil
1472-damages are recovered through the Attorney General, the
1473-restitution proceeds shall be deposited into the Repatriation
1474-and Reinterment Historic Sites Fund; when restitution is
1475-ordered in a case prosecuted by civil damages are recovered
1476-through the State's Attorney, the proceeds shall be deposited
1477-into the county funds designated by the county board that may
1478-only be used for repatriation or reinterment.
1479-(Source: P.A. 86-151.)
1480-(20 ILCS 3440/13) (from Ch. 127, par. 2673)
1481-Sec. 13. Notification.
1482-(a) If an undertaking will occur on property that the
1483-property owner has been notified in writing by the Department
1484-that the land is likely to contain human remains, unregistered
1485-graves, grave markers, or grave artifacts, a permit shall be
1486-obtained by the landowner from the Department.
1487-(b) If human remains, unregistered graves, grave markers,
1488-
1489-
1490-or grave artifacts that were unknown and were encountered by
1491-any person, a permit shall be obtained from the Department
1492-before any work on the undertaking may continue.
1493-(c) The Department of Natural Resources shall adopt
1494-administrative rules develop regulations, in consultation with
1495-the Illinois State Museum, whereby permits shall may be issued
1496-for the avoidance, disturbance, or removal of human remains,
1497-unregistered graves, grave markers, or grave artifacts, or a
1498-combination of those activities removal of human skeletal
1499-remains and grave artifacts from unregistered graves or the
1500-removal of grave markers. The Department may adopt emergency
1501-rules in accordance with Sections 5-45 and 5-45.35 of the
1502-Illinois Administrative Procedure Act. The adoption of
1503-emergency rules authorized by Sections 5-45 and 5-45.35 of the
1504-Illinois Administrative Procedure Act and this paragraph is
1505-deemed to be necessary for the public interest, safety, and
1506-welfare.
1507-(d) (b) Each permit shall specify all terms and conditions
1508-under which the avoidance, removal, or disturbance of human
1509-skeletal remains, grave artifacts, or grave markers, or
1510-unregistered graves shall be carried out. All costs accrued in
1511-the removal of the aforementioned materials shall be borne by
1512-the permit applicant. Within 60 days of the Upon completion of
1513-the undertaking project, the permit holder shall submit a
1514-report, on a form provided by the Department, of the results to
1515-the Department of Natural Resources.
1516-
1517-
1518-(Source: P.A. 100-695, eff. 8-3-18.)
1519-(20 ILCS 3440/14) (from Ch. 127, par. 2674)
1520-Sec. 14. Native American human remains. All Native
1521-American human remains, unregistered graves, grave markers,
1522-and grave artifacts are the property of the Native American
1523-nations geographically and culturally affiliated with
1524-Illinois. The Department shall maintain and care for Native
1525-American property until tribal consultation has been completed
1526-and the tribes have made the final decision for repatriation
1527-or other arrangements have been established. The Department
1528-shall:
1529-(1) maintain records;
1530-(2) conduct tribal consultation;
1531-(3) provide reports to tribal nations; and
1532-(4) facilitate repatriation and reinterment efforts.
1533-Such repatriation and reinterment efforts shall be with
1534-tribal approval.
1535-All non-Native American human skeletal remains, grave markers,
1536-and grave artifacts in unregistered graves are held in trust
1537-for the people of Illinois by the State and are under the
1538-jurisdiction of the Department until and unless they are
1539-repatriated to descendants or other arrangements have been
1540-established. Unless and until they are repatriated, all of
1541-Natural Resources. All materials collected under this Act
1542-shall be maintained, with dignity and respect, for the people
1543-
1544-
1545-of the State under the care of the Department Illinois State
1546-Museum.
1547-(Source: P.A. 100-695, eff. 8-3-18.)
1548-(20 ILCS 3440/15) (from Ch. 127, par. 2675)
1549-Sec. 15. Rules. The Department of Natural Resources shall
1550-adopt promulgate such administrative rules regulations as may
1551-be necessary to carry out the purposes of this Act in
1552-accordance with the Illinois Administrative Procedure Act.
1553-(Source: P.A. 100-695, eff. 8-3-18.)
1554-(20 ILCS 3440/16) (from Ch. 127, par. 2676)
1555-Sec. 16. Exemptions. Activities reviewed by the Department
1556-of Natural Resources pursuant to Section 106 of the National
1557-Historic Preservation Act (16 U.S.C. 470f) and activities
1558-permitted pursuant to the Federal Surface Mining Control and
1559-Reclamation Act of 1977 (P.L. 95-87), or the rules and
1560-regulations promulgated thereunder or any law, rule or
1561-regulation adopted by the State of Illinois thereunder shall
1562-be exempt from these permitting requirements.
1563-(Source: P.A. 100-695, eff. 8-3-18.)
1564-(20 ILCS 3440/16.1 new)
1565-Sec. 16.1. Burial sites on Department owned lands. The
1566-Department may create burial sites on Department owned lands
1567-for the reburial of repatriated Native American human remains,
1568-
1569-
1570-unregistered graves, grave markers, or grave artifacts after
1571-tribal consultation with the federally recognized tribes with
1572-geographical and cultural affiliation with Illinois. The
1573-burial sites shall not be used by the public and shall be
1574-protected by the State of Illinois.
1575-(20 ILCS 3440/16.2 new)
1576-Sec. 16.2. Repatriation and Reinterment Fund. The
1577-Repatriation and Reinterment Fund is created in the State
1578-treasury. All restitution collected from the prosecution of
1579-any violation of this Act shall be deposited in the fund and
1580-each deposit shall only be used to cover the restitution that
1581-was so ordered in an individual case pursuant to Section 12.
1582-The General Assembly may allocate appropriations to this fund
1583-to cover the cost of, including but not limited to,
1584-reinterment, repatriation, repair, or restoration of human
1585-remains, unregistered graves, grave markers, or grave
1586-artifacts that are in the custody of the Department.
1587-(20 ILCS 3440/16.3 new)
1588-Sec. 16.3. Forfeiture.
1589-(a) Every device, equipment, tool, vehicle or conveyance,
1590-when used or operated illegally, or attempted to be used or
1591-operated illegally by any person in taking, transporting,
1592-holding, disturbing, exploring, excavating, collecting or
1593-conveying any human remains, grave artifacts, or grave
1594-
1595-
1596-markers, contrary to the provisions of this Act, including
1597-administrative rules, is a public nuisance and subject to
1598-seizure and confiscation by any authorized employee of the
1599-Department; upon the seizure of such item the Department shall
1600-take and hold the same until disposed of as hereinafter
1601-provided.
1602-(b) Upon the seizure of any property as herein provided,
1603-the authorized employee of the Department making such seizure
1604-shall forthwith cause a complaint to be filed before the
1605-circuit court and a summons to be issued requiring the person
1606-who illegally used or operated or attempted to use or operate
1607-such property and the owner and person in possession of such
1608-property to appear in court and show cause why the property
1609-seized should not be forfeited to the State. Upon the return of
1610-the summons duly served or other notice as herein provided,
1611-the court shall proceed to determine the question of the
1612-illegality of the use of the seized property and upon judgment
1613-being entered to the effect that such property was illegally
1614-used, an order may be entered providing for the forfeiture of
1615-such seized property to the Department and shall thereupon
1616-become the property of the Department; but the owner of such
1617-property may have a jury determine the illegality of its use,
1618-and shall have the right of an appeal, as in other cases. Such
1619-confiscation or forfeiture shall not preclude or mitigate
1620-against prosecution and assessment of penalties otherwise
1621-provided in this Act.
1622-
1623-
1624-(c) Upon seizure of any property under circumstances
1625-supporting a reasonable belief that such property was
1626-abandoned, lost or stolen or otherwise illegally possessed or
1627-used contrary to the provisions of this Act, except property
1628-seized during a search or arrest, and ultimately returned,
1629-destroyed, or otherwise disposed of pursuant to order of a
1630-court in accordance with this Act, the Department shall make
1631-reasonable inquiry and efforts to identify and notify the
1632-owner or other person entitled to possession thereof, and
1633-shall return the property after such person provides
1634-reasonable and satisfactory proof of his ownership or right to
1635-possession and reimburses the Department for all reasonable
1636-expenses of such custody. If the identity or location of the
1637-owner or other person entitled to possession of the property
1638-has not been ascertained within 6 months after the Department
1639-obtains such possession, the Department shall effectuate the
1640-sale of the property for cash to the highest bidder at a public
1641-auction. The owner or other person entitled to possession of
1642-such property may claim and recover possession of the property
1643-at any time before its sale at public auction, upon providing
1644-reasonable and satisfactory proof of ownership or right of
1645-possession and reimbursing the Department for all reasonable
1646-expenses of custody thereof.
1647-(d) Any property forfeited to the State by court order
1648-pursuant to this Section may be disposed of by public auction,
1649-except that any property which is the subject of such a court
1650-
1651-
1652-order shall not be disposed of pending appeal of the order. The
1653-proceeds of the sales at auction shall be deposited in the
1654-Repatriation and Reinterment Fund.
1655-(e) The Department shall pay all costs of notices required
1656-by this Section.
1657-(f) Property seized or forfeited under this Section is
1658-subject to reporting under the Seizure and Forfeiture
1659-Reporting Act.
1660-(g) This Section does not apply to human remains, grave
1661-artifacts, or grave markers that were recovered by the
1662-Department or other law enforcement agency during an
1663-investigation of a violation of this Act.
1664-(20 ILCS 3440/5 rep.)
1665-(20 ILCS 3440/7 rep.)
1666-(20 ILCS 3440/11 rep.)
1667-Section 30. The Human Skeletal Remains Protection Act is
1668-amended by repealing Sections 5, 7, and 11.
1669-Section 35. The State Finance Act is amended by adding
1670-Section 5.990 as follows:
1671-(30 ILCS 105/5.990 new)
1672-Sec. 5.990. The Repatriation and Reinterment Fund.
1673-Section 95. No acceleration or delay. Where this Act makes
1674-
1675-
1676-changes in a statute that is represented in this Act by text
1677-that is not yet or no longer in effect (for example, a Section
1678-represented by multiple versions), the use of that text does
1679-not accelerate or delay the taking effect of (i) the changes
1680-made by this Act or (ii) provisions derived from any other
1681-Public Act.
30+HB3413 Enrolled- 2 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 2 - LRB103 30307 RLC 56735 b
31+ HB3413 Enrolled - 2 - LRB103 30307 RLC 56735 b
32+1 Sec. 7. Exemptions.
33+2 (1) When a request is made to inspect or copy a public
34+3 record that contains information that is exempt from
35+4 disclosure under this Section, but also contains information
36+5 that is not exempt from disclosure, the public body may elect
37+6 to redact the information that is exempt. The public body
38+7 shall make the remaining information available for inspection
39+8 and copying. Subject to this requirement, the following shall
40+9 be exempt from inspection and copying:
41+10 (a) Information specifically prohibited from
42+11 disclosure by federal or State law or rules and
43+12 regulations implementing federal or State law.
44+13 (b) Private information, unless disclosure is required
45+14 by another provision of this Act, a State or federal law,
46+15 or a court order.
47+16 (b-5) Files, documents, and other data or databases
48+17 maintained by one or more law enforcement agencies and
49+18 specifically designed to provide information to one or
50+19 more law enforcement agencies regarding the physical or
51+20 mental status of one or more individual subjects.
52+21 (c) Personal information contained within public
53+22 records, the disclosure of which would constitute a
54+23 clearly unwarranted invasion of personal privacy, unless
55+24 the disclosure is consented to in writing by the
56+25 individual subjects of the information. "Unwarranted
57+26 invasion of personal privacy" means the disclosure of
58+
59+
60+
61+
62+
63+ HB3413 Enrolled - 2 - LRB103 30307 RLC 56735 b
64+
65+
66+HB3413 Enrolled- 3 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 3 - LRB103 30307 RLC 56735 b
67+ HB3413 Enrolled - 3 - LRB103 30307 RLC 56735 b
68+1 information that is highly personal or objectionable to a
69+2 reasonable person and in which the subject's right to
70+3 privacy outweighs any legitimate public interest in
71+4 obtaining the information. The disclosure of information
72+5 that bears on the public duties of public employees and
73+6 officials shall not be considered an invasion of personal
74+7 privacy.
75+8 (d) Records in the possession of any public body
76+9 created in the course of administrative enforcement
77+10 proceedings, and any law enforcement or correctional
78+11 agency for law enforcement purposes, but only to the
79+12 extent that disclosure would:
80+13 (i) interfere with pending or actually and
81+14 reasonably contemplated law enforcement proceedings
82+15 conducted by any law enforcement or correctional
83+16 agency that is the recipient of the request;
84+17 (ii) interfere with active administrative
85+18 enforcement proceedings conducted by the public body
86+19 that is the recipient of the request;
87+20 (iii) create a substantial likelihood that a
88+21 person will be deprived of a fair trial or an impartial
89+22 hearing;
90+23 (iv) unavoidably disclose the identity of a
91+24 confidential source, confidential information
92+25 furnished only by the confidential source, or persons
93+26 who file complaints with or provide information to
94+
95+
96+
97+
98+
99+ HB3413 Enrolled - 3 - LRB103 30307 RLC 56735 b
100+
101+
102+HB3413 Enrolled- 4 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 4 - LRB103 30307 RLC 56735 b
103+ HB3413 Enrolled - 4 - LRB103 30307 RLC 56735 b
104+1 administrative, investigative, law enforcement, or
105+2 penal agencies; except that the identities of
106+3 witnesses to traffic accidents, traffic accident
107+4 reports, and rescue reports shall be provided by
108+5 agencies of local government, except when disclosure
109+6 would interfere with an active criminal investigation
110+7 conducted by the agency that is the recipient of the
111+8 request;
112+9 (v) disclose unique or specialized investigative
113+10 techniques other than those generally used and known
114+11 or disclose internal documents of correctional
115+12 agencies related to detection, observation, or
116+13 investigation of incidents of crime or misconduct, and
117+14 disclosure would result in demonstrable harm to the
118+15 agency or public body that is the recipient of the
119+16 request;
120+17 (vi) endanger the life or physical safety of law
121+18 enforcement personnel or any other person; or
122+19 (vii) obstruct an ongoing criminal investigation
123+20 by the agency that is the recipient of the request.
124+21 (d-5) A law enforcement record created for law
125+22 enforcement purposes and contained in a shared electronic
126+23 record management system if the law enforcement agency
127+24 that is the recipient of the request did not create the
128+25 record, did not participate in or have a role in any of the
129+26 events which are the subject of the record, and only has
130+
131+
132+
133+
134+
135+ HB3413 Enrolled - 4 - LRB103 30307 RLC 56735 b
136+
137+
138+HB3413 Enrolled- 5 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 5 - LRB103 30307 RLC 56735 b
139+ HB3413 Enrolled - 5 - LRB103 30307 RLC 56735 b
140+1 access to the record through the shared electronic record
141+2 management system.
142+3 (d-6) Records contained in the Officer Professional
143+4 Conduct Database under Section 9.2 of the Illinois Police
144+5 Training Act, except to the extent authorized under that
145+6 Section. This includes the documents supplied to the
146+7 Illinois Law Enforcement Training Standards Board from the
147+8 Illinois State Police and Illinois State Police Merit
148+9 Board.
149+10 (e) Records that relate to or affect the security of
150+11 correctional institutions and detention facilities.
151+12 (e-5) Records requested by persons committed to the
152+13 Department of Corrections, Department of Human Services
153+14 Division of Mental Health, or a county jail if those
154+15 materials are available in the library of the correctional
155+16 institution or facility or jail where the inmate is
156+17 confined.
157+18 (e-6) Records requested by persons committed to the
158+19 Department of Corrections, Department of Human Services
159+20 Division of Mental Health, or a county jail if those
160+21 materials include records from staff members' personnel
161+22 files, staff rosters, or other staffing assignment
162+23 information.
163+24 (e-7) Records requested by persons committed to the
164+25 Department of Corrections or Department of Human Services
165+26 Division of Mental Health if those materials are available
166+
167+
168+
169+
170+
171+ HB3413 Enrolled - 5 - LRB103 30307 RLC 56735 b
172+
173+
174+HB3413 Enrolled- 6 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 6 - LRB103 30307 RLC 56735 b
175+ HB3413 Enrolled - 6 - LRB103 30307 RLC 56735 b
176+1 through an administrative request to the Department of
177+2 Corrections or Department of Human Services Division of
178+3 Mental Health.
179+4 (e-8) Records requested by a person committed to the
180+5 Department of Corrections, Department of Human Services
181+6 Division of Mental Health, or a county jail, the
182+7 disclosure of which would result in the risk of harm to any
183+8 person or the risk of an escape from a jail or correctional
184+9 institution or facility.
185+10 (e-9) Records requested by a person in a county jail
186+11 or committed to the Department of Corrections or
187+12 Department of Human Services Division of Mental Health,
188+13 containing personal information pertaining to the person's
189+14 victim or the victim's family, including, but not limited
190+15 to, a victim's home address, home telephone number, work
191+16 or school address, work telephone number, social security
192+17 number, or any other identifying information, except as
193+18 may be relevant to a requester's current or potential case
194+19 or claim.
195+20 (e-10) Law enforcement records of other persons
196+21 requested by a person committed to the Department of
197+22 Corrections, Department of Human Services Division of
198+23 Mental Health, or a county jail, including, but not
199+24 limited to, arrest and booking records, mug shots, and
200+25 crime scene photographs, except as these records may be
201+26 relevant to the requester's current or potential case or
202+
203+
204+
205+
206+
207+ HB3413 Enrolled - 6 - LRB103 30307 RLC 56735 b
208+
209+
210+HB3413 Enrolled- 7 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 7 - LRB103 30307 RLC 56735 b
211+ HB3413 Enrolled - 7 - LRB103 30307 RLC 56735 b
212+1 claim.
213+2 (f) Preliminary drafts, notes, recommendations,
214+3 memoranda, and other records in which opinions are
215+4 expressed, or policies or actions are formulated, except
216+5 that a specific record or relevant portion of a record
217+6 shall not be exempt when the record is publicly cited and
218+7 identified by the head of the public body. The exemption
219+8 provided in this paragraph (f) extends to all those
220+9 records of officers and agencies of the General Assembly
221+10 that pertain to the preparation of legislative documents.
222+11 (g) Trade secrets and commercial or financial
223+12 information obtained from a person or business where the
224+13 trade secrets or commercial or financial information are
225+14 furnished under a claim that they are proprietary,
226+15 privileged, or confidential, and that disclosure of the
227+16 trade secrets or commercial or financial information would
228+17 cause competitive harm to the person or business, and only
229+18 insofar as the claim directly applies to the records
230+19 requested.
231+20 The information included under this exemption includes
232+21 all trade secrets and commercial or financial information
233+22 obtained by a public body, including a public pension
234+23 fund, from a private equity fund or a privately held
235+24 company within the investment portfolio of a private
236+25 equity fund as a result of either investing or evaluating
237+26 a potential investment of public funds in a private equity
238+
239+
240+
241+
242+
243+ HB3413 Enrolled - 7 - LRB103 30307 RLC 56735 b
244+
245+
246+HB3413 Enrolled- 8 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 8 - LRB103 30307 RLC 56735 b
247+ HB3413 Enrolled - 8 - LRB103 30307 RLC 56735 b
248+1 fund. The exemption contained in this item does not apply
249+2 to the aggregate financial performance information of a
250+3 private equity fund, nor to the identity of the fund's
251+4 managers or general partners. The exemption contained in
252+5 this item does not apply to the identity of a privately
253+6 held company within the investment portfolio of a private
254+7 equity fund, unless the disclosure of the identity of a
255+8 privately held company may cause competitive harm.
256+9 Nothing contained in this paragraph (g) shall be
257+10 construed to prevent a person or business from consenting
258+11 to disclosure.
259+12 (h) Proposals and bids for any contract, grant, or
260+13 agreement, including information which if it were
261+14 disclosed would frustrate procurement or give an advantage
262+15 to any person proposing to enter into a contractor
263+16 agreement with the body, until an award or final selection
264+17 is made. Information prepared by or for the body in
265+18 preparation of a bid solicitation shall be exempt until an
266+19 award or final selection is made.
267+20 (i) Valuable formulae, computer geographic systems,
268+21 designs, drawings, and research data obtained or produced
269+22 by any public body when disclosure could reasonably be
270+23 expected to produce private gain or public loss. The
271+24 exemption for "computer geographic systems" provided in
272+25 this paragraph (i) does not extend to requests made by
273+26 news media as defined in Section 2 of this Act when the
274+
275+
276+
277+
278+
279+ HB3413 Enrolled - 8 - LRB103 30307 RLC 56735 b
280+
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283+ HB3413 Enrolled - 9 - LRB103 30307 RLC 56735 b
284+1 requested information is not otherwise exempt and the only
285+2 purpose of the request is to access and disseminate
286+3 information regarding the health, safety, welfare, or
287+4 legal rights of the general public.
288+5 (j) The following information pertaining to
289+6 educational matters:
290+7 (i) test questions, scoring keys, and other
291+8 examination data used to administer an academic
292+9 examination;
293+10 (ii) information received by a primary or
294+11 secondary school, college, or university under its
295+12 procedures for the evaluation of faculty members by
296+13 their academic peers;
297+14 (iii) information concerning a school or
298+15 university's adjudication of student disciplinary
299+16 cases, but only to the extent that disclosure would
300+17 unavoidably reveal the identity of the student; and
301+18 (iv) course materials or research materials used
302+19 by faculty members.
303+20 (k) Architects' plans, engineers' technical
304+21 submissions, and other construction related technical
305+22 documents for projects not constructed or developed in
306+23 whole or in part with public funds and the same for
307+24 projects constructed or developed with public funds,
308+25 including, but not limited to, power generating and
309+26 distribution stations and other transmission and
310+
311+
312+
313+
314+
315+ HB3413 Enrolled - 9 - LRB103 30307 RLC 56735 b
316+
317+
318+HB3413 Enrolled- 10 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 10 - LRB103 30307 RLC 56735 b
319+ HB3413 Enrolled - 10 - LRB103 30307 RLC 56735 b
320+1 distribution facilities, water treatment facilities,
321+2 airport facilities, sport stadiums, convention centers,
322+3 and all government owned, operated, or occupied buildings,
323+4 but only to the extent that disclosure would compromise
324+5 security.
325+6 (l) Minutes of meetings of public bodies closed to the
326+7 public as provided in the Open Meetings Act until the
327+8 public body makes the minutes available to the public
328+9 under Section 2.06 of the Open Meetings Act.
329+10 (m) Communications between a public body and an
330+11 attorney or auditor representing the public body that
331+12 would not be subject to discovery in litigation, and
332+13 materials prepared or compiled by or for a public body in
333+14 anticipation of a criminal, civil, or administrative
334+15 proceeding upon the request of an attorney advising the
335+16 public body, and materials prepared or compiled with
336+17 respect to internal audits of public bodies.
337+18 (n) Records relating to a public body's adjudication
338+19 of employee grievances or disciplinary cases; however,
339+20 this exemption shall not extend to the final outcome of
340+21 cases in which discipline is imposed.
341+22 (o) Administrative or technical information associated
342+23 with automated data processing operations, including, but
343+24 not limited to, software, operating protocols, computer
344+25 program abstracts, file layouts, source listings, object
345+26 modules, load modules, user guides, documentation
346+
347+
348+
349+
350+
351+ HB3413 Enrolled - 10 - LRB103 30307 RLC 56735 b
352+
353+
354+HB3413 Enrolled- 11 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 11 - LRB103 30307 RLC 56735 b
355+ HB3413 Enrolled - 11 - LRB103 30307 RLC 56735 b
356+1 pertaining to all logical and physical design of
357+2 computerized systems, employee manuals, and any other
358+3 information that, if disclosed, would jeopardize the
359+4 security of the system or its data or the security of
360+5 materials exempt under this Section.
361+6 (p) Records relating to collective negotiating matters
362+7 between public bodies and their employees or
363+8 representatives, except that any final contract or
364+9 agreement shall be subject to inspection and copying.
365+10 (q) Test questions, scoring keys, and other
366+11 examination data used to determine the qualifications of
367+12 an applicant for a license or employment.
368+13 (r) The records, documents, and information relating
369+14 to real estate purchase negotiations until those
370+15 negotiations have been completed or otherwise terminated.
371+16 With regard to a parcel involved in a pending or actually
372+17 and reasonably contemplated eminent domain proceeding
373+18 under the Eminent Domain Act, records, documents, and
374+19 information relating to that parcel shall be exempt except
375+20 as may be allowed under discovery rules adopted by the
376+21 Illinois Supreme Court. The records, documents, and
377+22 information relating to a real estate sale shall be exempt
378+23 until a sale is consummated.
379+24 (s) Any and all proprietary information and records
380+25 related to the operation of an intergovernmental risk
381+26 management association or self-insurance pool or jointly
382+
383+
384+
385+
386+
387+ HB3413 Enrolled - 11 - LRB103 30307 RLC 56735 b
388+
389+
390+HB3413 Enrolled- 12 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 12 - LRB103 30307 RLC 56735 b
391+ HB3413 Enrolled - 12 - LRB103 30307 RLC 56735 b
392+1 self-administered health and accident cooperative or pool.
393+2 Insurance or self-insurance self insurance (including any
394+3 intergovernmental risk management association or
395+4 self-insurance self insurance pool) claims, loss or risk
396+5 management information, records, data, advice, or
397+6 communications.
398+7 (t) Information contained in or related to
399+8 examination, operating, or condition reports prepared by,
400+9 on behalf of, or for the use of a public body responsible
401+10 for the regulation or supervision of financial
402+11 institutions, insurance companies, or pharmacy benefit
403+12 managers, unless disclosure is otherwise required by State
404+13 law.
405+14 (u) Information that would disclose or might lead to
406+15 the disclosure of secret or confidential information,
407+16 codes, algorithms, programs, or private keys intended to
408+17 be used to create electronic signatures under the Uniform
409+18 Electronic Transactions Act.
410+19 (v) Vulnerability assessments, security measures, and
411+20 response policies or plans that are designed to identify,
412+21 prevent, or respond to potential attacks upon a
413+22 community's population or systems, facilities, or
414+23 installations, but only to the extent that disclosure
415+24 could reasonably be expected to expose the vulnerability
416+25 or jeopardize the effectiveness of the measures, policies,
417+26 or plans, or the safety of the personnel who implement
418+
419+
420+
421+
422+
423+ HB3413 Enrolled - 12 - LRB103 30307 RLC 56735 b
424+
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426+HB3413 Enrolled- 13 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 13 - LRB103 30307 RLC 56735 b
427+ HB3413 Enrolled - 13 - LRB103 30307 RLC 56735 b
428+1 them or the public. Information exempt under this item may
429+2 include such things as details pertaining to the
430+3 mobilization or deployment of personnel or equipment, to
431+4 the operation of communication systems or protocols, to
432+5 cybersecurity vulnerabilities, or to tactical operations.
433+6 (w) (Blank).
434+7 (x) Maps and other records regarding the location or
435+8 security of generation, transmission, distribution,
436+9 storage, gathering, treatment, or switching facilities
437+10 owned by a utility, by a power generator, or by the
438+11 Illinois Power Agency.
439+12 (y) Information contained in or related to proposals,
440+13 bids, or negotiations related to electric power
441+14 procurement under Section 1-75 of the Illinois Power
442+15 Agency Act and Section 16-111.5 of the Public Utilities
443+16 Act that is determined to be confidential and proprietary
444+17 by the Illinois Power Agency or by the Illinois Commerce
445+18 Commission.
446+19 (z) Information about students exempted from
447+20 disclosure under Section Sections 10-20.38 or 34-18.29 of
448+21 the School Code, and information about undergraduate
449+22 students enrolled at an institution of higher education
450+23 exempted from disclosure under Section 25 of the Illinois
451+24 Credit Card Marketing Act of 2009.
452+25 (aa) Information the disclosure of which is exempted
453+26 under the Viatical Settlements Act of 2009.
454+
455+
456+
457+
458+
459+ HB3413 Enrolled - 13 - LRB103 30307 RLC 56735 b
460+
461+
462+HB3413 Enrolled- 14 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 14 - LRB103 30307 RLC 56735 b
463+ HB3413 Enrolled - 14 - LRB103 30307 RLC 56735 b
464+1 (bb) Records and information provided to a mortality
465+2 review team and records maintained by a mortality review
466+3 team appointed under the Department of Juvenile Justice
467+4 Mortality Review Team Act.
468+5 (cc) Information regarding interments, entombments, or
469+6 inurnments of human remains that are submitted to the
470+7 Cemetery Oversight Database under the Cemetery Care Act or
471+8 the Cemetery Oversight Act, whichever is applicable.
472+9 (dd) Correspondence and records (i) that may not be
473+10 disclosed under Section 11-9 of the Illinois Public Aid
474+11 Code or (ii) that pertain to appeals under Section 11-8 of
475+12 the Illinois Public Aid Code.
476+13 (ee) The names, addresses, or other personal
477+14 information of persons who are minors and are also
478+15 participants and registrants in programs of park
479+16 districts, forest preserve districts, conservation
480+17 districts, recreation agencies, and special recreation
481+18 associations.
482+19 (ff) The names, addresses, or other personal
483+20 information of participants and registrants in programs of
484+21 park districts, forest preserve districts, conservation
485+22 districts, recreation agencies, and special recreation
486+23 associations where such programs are targeted primarily to
487+24 minors.
488+25 (gg) Confidential information described in Section
489+26 1-100 of the Illinois Independent Tax Tribunal Act of
490+
491+
492+
493+
494+
495+ HB3413 Enrolled - 14 - LRB103 30307 RLC 56735 b
496+
497+
498+HB3413 Enrolled- 15 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 15 - LRB103 30307 RLC 56735 b
499+ HB3413 Enrolled - 15 - LRB103 30307 RLC 56735 b
500+1 2012.
501+2 (hh) The report submitted to the State Board of
502+3 Education by the School Security and Standards Task Force
503+4 under item (8) of subsection (d) of Section 2-3.160 of the
504+5 School Code and any information contained in that report.
505+6 (ii) Records requested by persons committed to or
506+7 detained by the Department of Human Services under the
507+8 Sexually Violent Persons Commitment Act or committed to
508+9 the Department of Corrections under the Sexually Dangerous
509+10 Persons Act if those materials: (i) are available in the
510+11 library of the facility where the individual is confined;
511+12 (ii) include records from staff members' personnel files,
512+13 staff rosters, or other staffing assignment information;
513+14 or (iii) are available through an administrative request
514+15 to the Department of Human Services or the Department of
515+16 Corrections.
516+17 (jj) Confidential information described in Section
517+18 5-535 of the Civil Administrative Code of Illinois.
518+19 (kk) The public body's credit card numbers, debit card
519+20 numbers, bank account numbers, Federal Employer
520+21 Identification Number, security code numbers, passwords,
521+22 and similar account information, the disclosure of which
522+23 could result in identity theft or impression or defrauding
523+24 of a governmental entity or a person.
524+25 (ll) Records concerning the work of the threat
525+26 assessment team of a school district, including, but not
526+
527+
528+
529+
530+
531+ HB3413 Enrolled - 15 - LRB103 30307 RLC 56735 b
532+
533+
534+HB3413 Enrolled- 16 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 16 - LRB103 30307 RLC 56735 b
535+ HB3413 Enrolled - 16 - LRB103 30307 RLC 56735 b
536+1 limited to, any threat assessment procedure under the
537+2 School Safety Drill Act and any information contained in
538+3 the procedure.
539+4 (mm) Information prohibited from being disclosed under
540+5 subsections (a) and (b) of Section 15 of the Student
541+6 Confidential Reporting Act.
542+7 (nn) (mm) Proprietary information submitted to the
543+8 Environmental Protection Agency under the Drug Take-Back
544+9 Act.
545+10 (oo) (mm) Records described in subsection (f) of
546+11 Section 3-5-1 of the Unified Code of Corrections.
547+12 (pp) Any and all information regarding burials,
548+13 interments, or entombments of human remains as required to
549+14 be reported to the Department of Natural Resources
550+15 pursuant either to the Archaeological and Paleontological
551+16 Resources Protection Act or the Human Remains Protection
552+17 Act.
553+18 (1.5) Any information exempt from disclosure under the
554+19 Judicial Privacy Act shall be redacted from public records
555+20 prior to disclosure under this Act.
556+21 (2) A public record that is not in the possession of a
557+22 public body but is in the possession of a party with whom the
558+23 agency has contracted to perform a governmental function on
559+24 behalf of the public body, and that directly relates to the
560+25 governmental function and is not otherwise exempt under this
561+26 Act, shall be considered a public record of the public body,
562+
563+
564+
565+
566+
567+ HB3413 Enrolled - 16 - LRB103 30307 RLC 56735 b
568+
569+
570+HB3413 Enrolled- 17 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 17 - LRB103 30307 RLC 56735 b
571+ HB3413 Enrolled - 17 - LRB103 30307 RLC 56735 b
572+1 for purposes of this Act.
573+2 (3) This Section does not authorize withholding of
574+3 information or limit the availability of records to the
575+4 public, except as stated in this Section or otherwise provided
576+5 in this Act.
577+6 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
578+7 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
579+8 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
580+9 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
581+10 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
582+11 12-13-22.)
583+12 (Text of Section after amendment by P.A. 102-982)
584+13 Sec. 7. Exemptions.
585+14 (1) When a request is made to inspect or copy a public
586+15 record that contains information that is exempt from
587+16 disclosure under this Section, but also contains information
588+17 that is not exempt from disclosure, the public body may elect
589+18 to redact the information that is exempt. The public body
590+19 shall make the remaining information available for inspection
591+20 and copying. Subject to this requirement, the following shall
592+21 be exempt from inspection and copying:
593+22 (a) Information specifically prohibited from
594+23 disclosure by federal or State law or rules and
595+24 regulations implementing federal or State law.
596+25 (b) Private information, unless disclosure is required
597+
598+
599+
600+
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602+ HB3413 Enrolled - 17 - LRB103 30307 RLC 56735 b
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606+ HB3413 Enrolled - 18 - LRB103 30307 RLC 56735 b
607+1 by another provision of this Act, a State or federal law,
608+2 or a court order.
609+3 (b-5) Files, documents, and other data or databases
610+4 maintained by one or more law enforcement agencies and
611+5 specifically designed to provide information to one or
612+6 more law enforcement agencies regarding the physical or
613+7 mental status of one or more individual subjects.
614+8 (c) Personal information contained within public
615+9 records, the disclosure of which would constitute a
616+10 clearly unwarranted invasion of personal privacy, unless
617+11 the disclosure is consented to in writing by the
618+12 individual subjects of the information. "Unwarranted
619+13 invasion of personal privacy" means the disclosure of
620+14 information that is highly personal or objectionable to a
621+15 reasonable person and in which the subject's right to
622+16 privacy outweighs any legitimate public interest in
623+17 obtaining the information. The disclosure of information
624+18 that bears on the public duties of public employees and
625+19 officials shall not be considered an invasion of personal
626+20 privacy.
627+21 (d) Records in the possession of any public body
628+22 created in the course of administrative enforcement
629+23 proceedings, and any law enforcement or correctional
630+24 agency for law enforcement purposes, but only to the
631+25 extent that disclosure would:
632+26 (i) interfere with pending or actually and
633+
634+
635+
636+
637+
638+ HB3413 Enrolled - 18 - LRB103 30307 RLC 56735 b
639+
640+
641+HB3413 Enrolled- 19 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 19 - LRB103 30307 RLC 56735 b
642+ HB3413 Enrolled - 19 - LRB103 30307 RLC 56735 b
643+1 reasonably contemplated law enforcement proceedings
644+2 conducted by any law enforcement or correctional
645+3 agency that is the recipient of the request;
646+4 (ii) interfere with active administrative
647+5 enforcement proceedings conducted by the public body
648+6 that is the recipient of the request;
649+7 (iii) create a substantial likelihood that a
650+8 person will be deprived of a fair trial or an impartial
651+9 hearing;
652+10 (iv) unavoidably disclose the identity of a
653+11 confidential source, confidential information
654+12 furnished only by the confidential source, or persons
655+13 who file complaints with or provide information to
656+14 administrative, investigative, law enforcement, or
657+15 penal agencies; except that the identities of
658+16 witnesses to traffic crashes, traffic crash reports,
659+17 and rescue reports shall be provided by agencies of
660+18 local government, except when disclosure would
661+19 interfere with an active criminal investigation
662+20 conducted by the agency that is the recipient of the
663+21 request;
664+22 (v) disclose unique or specialized investigative
665+23 techniques other than those generally used and known
666+24 or disclose internal documents of correctional
667+25 agencies related to detection, observation, or
668+26 investigation of incidents of crime or misconduct, and
669+
670+
671+
672+
673+
674+ HB3413 Enrolled - 19 - LRB103 30307 RLC 56735 b
675+
676+
677+HB3413 Enrolled- 20 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 20 - LRB103 30307 RLC 56735 b
678+ HB3413 Enrolled - 20 - LRB103 30307 RLC 56735 b
679+1 disclosure would result in demonstrable harm to the
680+2 agency or public body that is the recipient of the
681+3 request;
682+4 (vi) endanger the life or physical safety of law
683+5 enforcement personnel or any other person; or
684+6 (vii) obstruct an ongoing criminal investigation
685+7 by the agency that is the recipient of the request.
686+8 (d-5) A law enforcement record created for law
687+9 enforcement purposes and contained in a shared electronic
688+10 record management system if the law enforcement agency
689+11 that is the recipient of the request did not create the
690+12 record, did not participate in or have a role in any of the
691+13 events which are the subject of the record, and only has
692+14 access to the record through the shared electronic record
693+15 management system.
694+16 (d-6) Records contained in the Officer Professional
695+17 Conduct Database under Section 9.2 of the Illinois Police
696+18 Training Act, except to the extent authorized under that
697+19 Section. This includes the documents supplied to the
698+20 Illinois Law Enforcement Training Standards Board from the
699+21 Illinois State Police and Illinois State Police Merit
700+22 Board.
701+23 (e) Records that relate to or affect the security of
702+24 correctional institutions and detention facilities.
703+25 (e-5) Records requested by persons committed to the
704+26 Department of Corrections, Department of Human Services
705+
706+
707+
708+
709+
710+ HB3413 Enrolled - 20 - LRB103 30307 RLC 56735 b
711+
712+
713+HB3413 Enrolled- 21 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 21 - LRB103 30307 RLC 56735 b
714+ HB3413 Enrolled - 21 - LRB103 30307 RLC 56735 b
715+1 Division of Mental Health, or a county jail if those
716+2 materials are available in the library of the correctional
717+3 institution or facility or jail where the inmate is
718+4 confined.
719+5 (e-6) Records requested by persons committed to the
720+6 Department of Corrections, Department of Human Services
721+7 Division of Mental Health, or a county jail if those
722+8 materials include records from staff members' personnel
723+9 files, staff rosters, or other staffing assignment
724+10 information.
725+11 (e-7) Records requested by persons committed to the
726+12 Department of Corrections or Department of Human Services
727+13 Division of Mental Health if those materials are available
728+14 through an administrative request to the Department of
729+15 Corrections or Department of Human Services Division of
730+16 Mental Health.
731+17 (e-8) Records requested by a person committed to the
732+18 Department of Corrections, Department of Human Services
733+19 Division of Mental Health, or a county jail, the
734+20 disclosure of which would result in the risk of harm to any
735+21 person or the risk of an escape from a jail or correctional
736+22 institution or facility.
737+23 (e-9) Records requested by a person in a county jail
738+24 or committed to the Department of Corrections or
739+25 Department of Human Services Division of Mental Health,
740+26 containing personal information pertaining to the person's
741+
742+
743+
744+
745+
746+ HB3413 Enrolled - 21 - LRB103 30307 RLC 56735 b
747+
748+
749+HB3413 Enrolled- 22 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 22 - LRB103 30307 RLC 56735 b
750+ HB3413 Enrolled - 22 - LRB103 30307 RLC 56735 b
751+1 victim or the victim's family, including, but not limited
752+2 to, a victim's home address, home telephone number, work
753+3 or school address, work telephone number, social security
754+4 number, or any other identifying information, except as
755+5 may be relevant to a requester's current or potential case
756+6 or claim.
757+7 (e-10) Law enforcement records of other persons
758+8 requested by a person committed to the Department of
759+9 Corrections, Department of Human Services Division of
760+10 Mental Health, or a county jail, including, but not
761+11 limited to, arrest and booking records, mug shots, and
762+12 crime scene photographs, except as these records may be
763+13 relevant to the requester's current or potential case or
764+14 claim.
765+15 (f) Preliminary drafts, notes, recommendations,
766+16 memoranda, and other records in which opinions are
767+17 expressed, or policies or actions are formulated, except
768+18 that a specific record or relevant portion of a record
769+19 shall not be exempt when the record is publicly cited and
770+20 identified by the head of the public body. The exemption
771+21 provided in this paragraph (f) extends to all those
772+22 records of officers and agencies of the General Assembly
773+23 that pertain to the preparation of legislative documents.
774+24 (g) Trade secrets and commercial or financial
775+25 information obtained from a person or business where the
776+26 trade secrets or commercial or financial information are
777+
778+
779+
780+
781+
782+ HB3413 Enrolled - 22 - LRB103 30307 RLC 56735 b
783+
784+
785+HB3413 Enrolled- 23 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 23 - LRB103 30307 RLC 56735 b
786+ HB3413 Enrolled - 23 - LRB103 30307 RLC 56735 b
787+1 furnished under a claim that they are proprietary,
788+2 privileged, or confidential, and that disclosure of the
789+3 trade secrets or commercial or financial information would
790+4 cause competitive harm to the person or business, and only
791+5 insofar as the claim directly applies to the records
792+6 requested.
793+7 The information included under this exemption includes
794+8 all trade secrets and commercial or financial information
795+9 obtained by a public body, including a public pension
796+10 fund, from a private equity fund or a privately held
797+11 company within the investment portfolio of a private
798+12 equity fund as a result of either investing or evaluating
799+13 a potential investment of public funds in a private equity
800+14 fund. The exemption contained in this item does not apply
801+15 to the aggregate financial performance information of a
802+16 private equity fund, nor to the identity of the fund's
803+17 managers or general partners. The exemption contained in
804+18 this item does not apply to the identity of a privately
805+19 held company within the investment portfolio of a private
806+20 equity fund, unless the disclosure of the identity of a
807+21 privately held company may cause competitive harm.
808+22 Nothing contained in this paragraph (g) shall be
809+23 construed to prevent a person or business from consenting
810+24 to disclosure.
811+25 (h) Proposals and bids for any contract, grant, or
812+26 agreement, including information which if it were
813+
814+
815+
816+
817+
818+ HB3413 Enrolled - 23 - LRB103 30307 RLC 56735 b
819+
820+
821+HB3413 Enrolled- 24 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 24 - LRB103 30307 RLC 56735 b
822+ HB3413 Enrolled - 24 - LRB103 30307 RLC 56735 b
823+1 disclosed would frustrate procurement or give an advantage
824+2 to any person proposing to enter into a contractor
825+3 agreement with the body, until an award or final selection
826+4 is made. Information prepared by or for the body in
827+5 preparation of a bid solicitation shall be exempt until an
828+6 award or final selection is made.
829+7 (i) Valuable formulae, computer geographic systems,
830+8 designs, drawings, and research data obtained or produced
831+9 by any public body when disclosure could reasonably be
832+10 expected to produce private gain or public loss. The
833+11 exemption for "computer geographic systems" provided in
834+12 this paragraph (i) does not extend to requests made by
835+13 news media as defined in Section 2 of this Act when the
836+14 requested information is not otherwise exempt and the only
837+15 purpose of the request is to access and disseminate
838+16 information regarding the health, safety, welfare, or
839+17 legal rights of the general public.
840+18 (j) The following information pertaining to
841+19 educational matters:
842+20 (i) test questions, scoring keys, and other
843+21 examination data used to administer an academic
844+22 examination;
845+23 (ii) information received by a primary or
846+24 secondary school, college, or university under its
847+25 procedures for the evaluation of faculty members by
848+26 their academic peers;
849+
850+
851+
852+
853+
854+ HB3413 Enrolled - 24 - LRB103 30307 RLC 56735 b
855+
856+
857+HB3413 Enrolled- 25 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 25 - LRB103 30307 RLC 56735 b
858+ HB3413 Enrolled - 25 - LRB103 30307 RLC 56735 b
859+1 (iii) information concerning a school or
860+2 university's adjudication of student disciplinary
861+3 cases, but only to the extent that disclosure would
862+4 unavoidably reveal the identity of the student; and
863+5 (iv) course materials or research materials used
864+6 by faculty members.
865+7 (k) Architects' plans, engineers' technical
866+8 submissions, and other construction related technical
867+9 documents for projects not constructed or developed in
868+10 whole or in part with public funds and the same for
869+11 projects constructed or developed with public funds,
870+12 including, but not limited to, power generating and
871+13 distribution stations and other transmission and
872+14 distribution facilities, water treatment facilities,
873+15 airport facilities, sport stadiums, convention centers,
874+16 and all government owned, operated, or occupied buildings,
875+17 but only to the extent that disclosure would compromise
876+18 security.
877+19 (l) Minutes of meetings of public bodies closed to the
878+20 public as provided in the Open Meetings Act until the
879+21 public body makes the minutes available to the public
880+22 under Section 2.06 of the Open Meetings Act.
881+23 (m) Communications between a public body and an
882+24 attorney or auditor representing the public body that
883+25 would not be subject to discovery in litigation, and
884+26 materials prepared or compiled by or for a public body in
885+
886+
887+
888+
889+
890+ HB3413 Enrolled - 25 - LRB103 30307 RLC 56735 b
891+
892+
893+HB3413 Enrolled- 26 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 26 - LRB103 30307 RLC 56735 b
894+ HB3413 Enrolled - 26 - LRB103 30307 RLC 56735 b
895+1 anticipation of a criminal, civil, or administrative
896+2 proceeding upon the request of an attorney advising the
897+3 public body, and materials prepared or compiled with
898+4 respect to internal audits of public bodies.
899+5 (n) Records relating to a public body's adjudication
900+6 of employee grievances or disciplinary cases; however,
901+7 this exemption shall not extend to the final outcome of
902+8 cases in which discipline is imposed.
903+9 (o) Administrative or technical information associated
904+10 with automated data processing operations, including, but
905+11 not limited to, software, operating protocols, computer
906+12 program abstracts, file layouts, source listings, object
907+13 modules, load modules, user guides, documentation
908+14 pertaining to all logical and physical design of
909+15 computerized systems, employee manuals, and any other
910+16 information that, if disclosed, would jeopardize the
911+17 security of the system or its data or the security of
912+18 materials exempt under this Section.
913+19 (p) Records relating to collective negotiating matters
914+20 between public bodies and their employees or
915+21 representatives, except that any final contract or
916+22 agreement shall be subject to inspection and copying.
917+23 (q) Test questions, scoring keys, and other
918+24 examination data used to determine the qualifications of
919+25 an applicant for a license or employment.
920+26 (r) The records, documents, and information relating
921+
922+
923+
924+
925+
926+ HB3413 Enrolled - 26 - LRB103 30307 RLC 56735 b
927+
928+
929+HB3413 Enrolled- 27 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 27 - LRB103 30307 RLC 56735 b
930+ HB3413 Enrolled - 27 - LRB103 30307 RLC 56735 b
931+1 to real estate purchase negotiations until those
932+2 negotiations have been completed or otherwise terminated.
933+3 With regard to a parcel involved in a pending or actually
934+4 and reasonably contemplated eminent domain proceeding
935+5 under the Eminent Domain Act, records, documents, and
936+6 information relating to that parcel shall be exempt except
937+7 as may be allowed under discovery rules adopted by the
938+8 Illinois Supreme Court. The records, documents, and
939+9 information relating to a real estate sale shall be exempt
940+10 until a sale is consummated.
941+11 (s) Any and all proprietary information and records
942+12 related to the operation of an intergovernmental risk
943+13 management association or self-insurance pool or jointly
944+14 self-administered health and accident cooperative or pool.
945+15 Insurance or self-insurance self insurance (including any
946+16 intergovernmental risk management association or
947+17 self-insurance self insurance pool) claims, loss or risk
948+18 management information, records, data, advice, or
949+19 communications.
950+20 (t) Information contained in or related to
951+21 examination, operating, or condition reports prepared by,
952+22 on behalf of, or for the use of a public body responsible
953+23 for the regulation or supervision of financial
954+24 institutions, insurance companies, or pharmacy benefit
955+25 managers, unless disclosure is otherwise required by State
956+26 law.
957+
958+
959+
960+
961+
962+ HB3413 Enrolled - 27 - LRB103 30307 RLC 56735 b
963+
964+
965+HB3413 Enrolled- 28 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 28 - LRB103 30307 RLC 56735 b
966+ HB3413 Enrolled - 28 - LRB103 30307 RLC 56735 b
967+1 (u) Information that would disclose or might lead to
968+2 the disclosure of secret or confidential information,
969+3 codes, algorithms, programs, or private keys intended to
970+4 be used to create electronic signatures under the Uniform
971+5 Electronic Transactions Act.
972+6 (v) Vulnerability assessments, security measures, and
973+7 response policies or plans that are designed to identify,
974+8 prevent, or respond to potential attacks upon a
975+9 community's population or systems, facilities, or
976+10 installations, but only to the extent that disclosure
977+11 could reasonably be expected to expose the vulnerability
978+12 or jeopardize the effectiveness of the measures, policies,
979+13 or plans, or the safety of the personnel who implement
980+14 them or the public. Information exempt under this item may
981+15 include such things as details pertaining to the
982+16 mobilization or deployment of personnel or equipment, to
983+17 the operation of communication systems or protocols, to
984+18 cybersecurity vulnerabilities, or to tactical operations.
985+19 (w) (Blank).
986+20 (x) Maps and other records regarding the location or
987+21 security of generation, transmission, distribution,
988+22 storage, gathering, treatment, or switching facilities
989+23 owned by a utility, by a power generator, or by the
990+24 Illinois Power Agency.
991+25 (y) Information contained in or related to proposals,
992+26 bids, or negotiations related to electric power
993+
994+
995+
996+
997+
998+ HB3413 Enrolled - 28 - LRB103 30307 RLC 56735 b
999+
1000+
1001+HB3413 Enrolled- 29 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 29 - LRB103 30307 RLC 56735 b
1002+ HB3413 Enrolled - 29 - LRB103 30307 RLC 56735 b
1003+1 procurement under Section 1-75 of the Illinois Power
1004+2 Agency Act and Section 16-111.5 of the Public Utilities
1005+3 Act that is determined to be confidential and proprietary
1006+4 by the Illinois Power Agency or by the Illinois Commerce
1007+5 Commission.
1008+6 (z) Information about students exempted from
1009+7 disclosure under Section Sections 10-20.38 or 34-18.29 of
1010+8 the School Code, and information about undergraduate
1011+9 students enrolled at an institution of higher education
1012+10 exempted from disclosure under Section 25 of the Illinois
1013+11 Credit Card Marketing Act of 2009.
1014+12 (aa) Information the disclosure of which is exempted
1015+13 under the Viatical Settlements Act of 2009.
1016+14 (bb) Records and information provided to a mortality
1017+15 review team and records maintained by a mortality review
1018+16 team appointed under the Department of Juvenile Justice
1019+17 Mortality Review Team Act.
1020+18 (cc) Information regarding interments, entombments, or
1021+19 inurnments of human remains that are submitted to the
1022+20 Cemetery Oversight Database under the Cemetery Care Act or
1023+21 the Cemetery Oversight Act, whichever is applicable.
1024+22 (dd) Correspondence and records (i) that may not be
1025+23 disclosed under Section 11-9 of the Illinois Public Aid
1026+24 Code or (ii) that pertain to appeals under Section 11-8 of
1027+25 the Illinois Public Aid Code.
1028+26 (ee) The names, addresses, or other personal
1029+
1030+
1031+
1032+
1033+
1034+ HB3413 Enrolled - 29 - LRB103 30307 RLC 56735 b
1035+
1036+
1037+HB3413 Enrolled- 30 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 30 - LRB103 30307 RLC 56735 b
1038+ HB3413 Enrolled - 30 - LRB103 30307 RLC 56735 b
1039+1 information of persons who are minors and are also
1040+2 participants and registrants in programs of park
1041+3 districts, forest preserve districts, conservation
1042+4 districts, recreation agencies, and special recreation
1043+5 associations.
1044+6 (ff) The names, addresses, or other personal
1045+7 information of participants and registrants in programs of
1046+8 park districts, forest preserve districts, conservation
1047+9 districts, recreation agencies, and special recreation
1048+10 associations where such programs are targeted primarily to
1049+11 minors.
1050+12 (gg) Confidential information described in Section
1051+13 1-100 of the Illinois Independent Tax Tribunal Act of
1052+14 2012.
1053+15 (hh) The report submitted to the State Board of
1054+16 Education by the School Security and Standards Task Force
1055+17 under item (8) of subsection (d) of Section 2-3.160 of the
1056+18 School Code and any information contained in that report.
1057+19 (ii) Records requested by persons committed to or
1058+20 detained by the Department of Human Services under the
1059+21 Sexually Violent Persons Commitment Act or committed to
1060+22 the Department of Corrections under the Sexually Dangerous
1061+23 Persons Act if those materials: (i) are available in the
1062+24 library of the facility where the individual is confined;
1063+25 (ii) include records from staff members' personnel files,
1064+26 staff rosters, or other staffing assignment information;
1065+
1066+
1067+
1068+
1069+
1070+ HB3413 Enrolled - 30 - LRB103 30307 RLC 56735 b
1071+
1072+
1073+HB3413 Enrolled- 31 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 31 - LRB103 30307 RLC 56735 b
1074+ HB3413 Enrolled - 31 - LRB103 30307 RLC 56735 b
1075+1 or (iii) are available through an administrative request
1076+2 to the Department of Human Services or the Department of
1077+3 Corrections.
1078+4 (jj) Confidential information described in Section
1079+5 5-535 of the Civil Administrative Code of Illinois.
1080+6 (kk) The public body's credit card numbers, debit card
1081+7 numbers, bank account numbers, Federal Employer
1082+8 Identification Number, security code numbers, passwords,
1083+9 and similar account information, the disclosure of which
1084+10 could result in identity theft or impression or defrauding
1085+11 of a governmental entity or a person.
1086+12 (ll) Records concerning the work of the threat
1087+13 assessment team of a school district, including, but not
1088+14 limited to, any threat assessment procedure under the
1089+15 School Safety Drill Act and any information contained in
1090+16 the procedure.
1091+17 (mm) Information prohibited from being disclosed under
1092+18 subsections (a) and (b) of Section 15 of the Student
1093+19 Confidential Reporting Act.
1094+20 (nn) (mm) Proprietary information submitted to the
1095+21 Environmental Protection Agency under the Drug Take-Back
1096+22 Act.
1097+23 (oo) (mm) Records described in subsection (f) of
1098+24 Section 3-5-1 of the Unified Code of Corrections.
1099+25 (pp) Any and all information regarding burials,
1100+26 interments, or entombments of human remains as required to
1101+
1102+
1103+
1104+
1105+
1106+ HB3413 Enrolled - 31 - LRB103 30307 RLC 56735 b
1107+
1108+
1109+HB3413 Enrolled- 32 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 32 - LRB103 30307 RLC 56735 b
1110+ HB3413 Enrolled - 32 - LRB103 30307 RLC 56735 b
1111+1 be reported to the Department of Natural Resources
1112+2 pursuant either to the Archaeological and Paleontological
1113+3 Resources Protection Act or the Human Remains Protection
1114+4 Act.
1115+5 (1.5) Any information exempt from disclosure under the
1116+6 Judicial Privacy Act shall be redacted from public records
1117+7 prior to disclosure under this Act.
1118+8 (2) A public record that is not in the possession of a
1119+9 public body but is in the possession of a party with whom the
1120+10 agency has contracted to perform a governmental function on
1121+11 behalf of the public body, and that directly relates to the
1122+12 governmental function and is not otherwise exempt under this
1123+13 Act, shall be considered a public record of the public body,
1124+14 for purposes of this Act.
1125+15 (3) This Section does not authorize withholding of
1126+16 information or limit the availability of records to the
1127+17 public, except as stated in this Section or otherwise provided
1128+18 in this Act.
1129+19 (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
1130+20 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
1131+21 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
1132+22 eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
1133+23 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
1134+24 6-10-22; revised 12-13-22.)
1135+25 Section 15. The Seizure and Forfeiture Reporting Act is
1136+
1137+
1138+
1139+
1140+
1141+ HB3413 Enrolled - 32 - LRB103 30307 RLC 56735 b
1142+
1143+
1144+HB3413 Enrolled- 33 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 33 - LRB103 30307 RLC 56735 b
1145+ HB3413 Enrolled - 33 - LRB103 30307 RLC 56735 b
1146+1 amended by changing Section 5 as follows:
1147+2 (5 ILCS 810/5)
1148+3 Sec. 5. Applicability. This Act is applicable to property
1149+4 seized or forfeited under the following provisions of law:
1150+5 (1) Section 3.23 of the Illinois Food, Drug and
1151+6 Cosmetic Act;
1152+7 (2) Section 44.1 of the Environmental Protection Act;
1153+8 (3) Section 105-55 of the Herptiles-Herps Act;
1154+9 (4) Section 1-215 of the Fish and Aquatic Life Code;
1155+10 (5) Section 1.25 of the Wildlife Code;
1156+11 (6) Section 17-10.6 of the Criminal Code of 2012
1157+12 (financial institution fraud);
1158+13 (7) Section 28-5 of the Criminal Code of 2012
1159+14 (gambling);
1160+15 (8) Article 29B of the Criminal Code of 2012 (money
1161+16 laundering);
1162+17 (9) Article 33G of the Criminal Code of 2012 (Illinois
1163+18 Street Gang and Racketeer Influenced And Corrupt
1164+19 Organizations Law);
1165+20 (10) Article 36 of the Criminal Code of 2012 (seizure
1166+21 and forfeiture of vessels, vehicles, and aircraft);
1167+22 (11) Section 47-15 of the Criminal Code of 2012
1168+23 (dumping garbage upon real property);
1169+24 (12) Article 124B of the Code of Criminal Procedure of
1170+25 1963 (forfeiture);
1171+
1172+
1173+
1174+
1175+
1176+ HB3413 Enrolled - 33 - LRB103 30307 RLC 56735 b
1177+
1178+
1179+HB3413 Enrolled- 34 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 34 - LRB103 30307 RLC 56735 b
1180+ HB3413 Enrolled - 34 - LRB103 30307 RLC 56735 b
1181+1 (13) the Drug Asset Forfeiture Procedure Act;
1182+2 (14) the Narcotics Profit Forfeiture Act;
1183+3 (15) the Illinois Streetgang Terrorism Omnibus
1184+4 Prevention Act; and
1185+5 (16) the Illinois Securities Law of 1953; .
1186+6 (17) the Archaeological and Paleontological Resources
1187+7 Protection Act; and
1188+8 (18) the Human Remains Protection Act.
1189+9 (Source: P.A. 102-558, eff. 8-20-21.)
1190+10 Section 20. The Archaeological and Paleontological
1191+11 Resources Protection Act is amended by changing Sections .02,
1192+12 3, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
1193+13 (20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
1194+14 Sec. .02. Definitions. For purposes of this Act:
1195+15 (a) "Archaeological resource" means any significant
1196+16 material remains or localities of past human life or
1197+17 activities on public land, including but not limited to
1198+18 artifacts, historic and prehistoric human skeletal remains,
1199+19 mounds, earthworks, shipwrecks, forts, village sites or mines.
1200+20 (b) "Department" means the Department of Natural
1201+21 Resources.
1202+22 "Disturb" includes defacing, mutilating, injuring,
1203+23 exposing, removing, destroying, desecrating or molesting in
1204+24 any way.
1205+
1206+
1207+
1208+
1209+
1210+ HB3413 Enrolled - 34 - LRB103 30307 RLC 56735 b
1211+
1212+
1213+HB3413 Enrolled- 35 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 35 - LRB103 30307 RLC 56735 b
1214+ HB3413 Enrolled - 35 - LRB103 30307 RLC 56735 b
1215+1 "Human remains" include the bones and decomposed fleshy
1216+2 parts of a deceased human body.
1217+3 (c) "Paleontological resource" means any significant
1218+4 fossil or material remains on public lands including traces or
1219+5 impressions of animals or plants that occur as part of the
1220+6 geological record that are known and are included in the files
1221+7 maintained by the Department Illinois State Museum under
1222+8 Section 10.
1223+9 (d) "Person" means any natural individual, firm, trust,
1224+10 estate, partnership, association, joint stock company, joint
1225+11 venture, corporation or a receiver, trustee, guardian or other
1226+12 representative appointed by order of any court, the federal
1227+13 and State governments, including State universities created by
1228+14 statute or any city, town, county or other political
1229+15 subdivision of this State.
1230+16 (e) "Public land" means any land owned, but does not
1231+17 include land leased as lessee, by the State of Illinois or its
1232+18 agencies, a State university created by statute, a
1233+19 municipality or a unit of local government.
1234+20 (Source: P.A. 86-459; 86-707.)
1235+21 (20 ILCS 3435/3) (from Ch. 127, par. 133c3)
1236+22 Sec. 3. Permits.
1237+23 (a) It is unlawful for any person, either by himself or
1238+24 through an agent, to knowingly explore, excavate, possess, or
1239+25 collect any of the archaeological or paleontological resources
1240+
1241+
1242+
1243+
1244+
1245+ HB3413 Enrolled - 35 - LRB103 30307 RLC 56735 b
1246+
1247+
1248+HB3413 Enrolled- 36 -LRB103 30307 RLC 56735 b HB3413 Enrolled - 36 - LRB103 30307 RLC 56735 b
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1250+1 protected by this Act, unless such person obtains a permit
1251+2 issued by the Department of Natural Resources.
1252+3 (b) It is unlawful for any person, either by himself or
1253+4 through an agent, to knowingly disturb any archaeological or
1254+5 paleontological resource protected under this Act.
1255+6 (c) It is unlawful for any person, either by himself or
1256+7 through an agent, to offer any object for sale or exchange with
1257+8 the knowledge that it has been previously collected or
1258+9 excavated in violation of this Act.
1259+10 (Source: P.A. 100-695, eff. 8-3-18.)
1260+11 (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
1261+12 Sec. 5. Penalties. Any violation of Section 3 not
1262+13 involving the disturbance of human skeletal remains is a Class
1263+14 A misdemeanor and the violator shall also be subject to
1264+15 imprisonment and a fine not in excess of $5,000; any
1265+16 subsequent violation is a Class 4 felony. Any violation of
1266+17 Section 3 involving disturbance of human skeletal remains is a
1267+18 Class 4 felony. Each disturbance of an archaeological site or
1268+19 a paleontological site shall constitute a single offense.
1269+20 Persons convicted of a violation of Section 3 shall also be
1270+21 ordered to pay restitution. Such restitution is liable for
1271+22 civil damages to be assessed by the circuit court land
1272+23 managing agency and the Department of Natural Resources.
1273+24 Restitution Civil damages may include, but is not limited to:
1274+25 (a) (blank); forfeiture of any and all equipment used
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1285+1 in acquiring the protected material;
1286+2 (b) any and all costs incurred in cleaning, restoring,
1287+3 analyzing, accessioning and curating the recovered
1288+4 materials;
1289+5 (c) any and all costs associated with restoring the
1290+6 land to its original contour;
1291+7 (d) any and all costs associated with recovery of data
1292+8 and analyzing, publishing, accessioning and curating
1293+9 materials when the prohibited activity is so extensive as
1294+10 to preclude the restoration of the archaeological or
1295+11 paleontological site;
1296+12 (e) any and all costs associated with the
1297+13 determination and collection of restitution the civil
1298+14 damages.
1299+15 When restitution is ordered in a case that is prosecuted
1300+16 by civil damages are recovered through the Attorney General,
1301+17 all restitution the proceeds shall be deposited into the
1302+18 Historic Sites Fund; when restitution is ordered in a case
1303+19 that is prosecuted by civil damages are recovered through the
1304+20 State's Attorney, the proceeds shall be deposited into the
1305+21 county fund designated by the county board.
1306+22 (Source: P.A. 100-695, eff. 8-3-18.)
1307+23 (20 ILCS 3435/7) (from Ch. 127, par. 133c7)
1308+24 Sec. 7. Property of the State; Department management. All
1309+25 materials and associated records remain the property of the
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1320+1 State and are managed by the Department Illinois State Museum.
1321+2 The Illinois State Museum, in consultation with the Department
1322+3 of Natural Resources, is authorized to establish long-term
1323+4 curation agreements with Tribal Nations, universities, museums
1324+5 and other organizations.
1325+6 (Source: P.A. 100-695, eff. 8-3-18.)
1326+7 (20 ILCS 3435/8) (from Ch. 127, par. 133c8)
1327+8 Sec. 8. Department exempt from permit requirements.
1328+9 (a) The Department Illinois State Museum shall be exempt
1329+10 from the permit requirements established by this Act for lands
1330+11 under its direct management but shall register that
1331+12 exploration with the Department of Natural Resources; such
1332+13 registration shall include the information required under
1333+14 subsection (c) of Section 6.
1334+15 (b) Any agency or department of the State of Illinois
1335+16 which has on its staff a professional archaeologist or
1336+17 paleontologist who meets the minimum qualifications
1337+18 established in Section 9 and which has in effect a memorandum
1338+19 of agreement with the Department of Natural Resources for the
1339+20 protection, preservation and management of archaeological and
1340+21 paleontological resources shall be exempt from the permit
1341+22 requirements established by this Act.
1342+23 (c) Activities reviewed by the Department of Natural
1343+24 Resources pursuant to Section 106 of the National Historic
1344+25 Preservation Act (16 U.S.C. 470f) shall be exempt from these
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1355+1 permitting requirements.
1356+2 (d) Where a local government's activities are funded in
1357+3 whole or in part by a State agency and the funded activities
1358+4 are supervised or controlled by the State agency, the local
1359+5 government shall be exempt from the permit requirements
1360+6 established by this Act to the same extent that the State
1361+7 agency is exempt. The State agency shall be responsible for
1362+8 undertaking or causing to be undertaken any steps necessary to
1363+9 comply with this Act for those local government actions so
1364+10 exempted.
1365+11 (Source: P.A. 100-695, eff. 8-3-18.)
1366+12 (20 ILCS 3435/10) (from Ch. 127, par. 133c10)
1367+13 Sec. 10. Files containing information on known
1368+14 archaeological and paleontological sites. The Illinois State
1369+15 Museum, in cooperation with the Department of Natural
1370+16 Resources, shall develop and maintain files containing
1371+17 information on known archaeological and paleontological sites
1372+18 in the State, whether on State controlled or privately owned
1373+19 property. The Department of Natural Resources shall ensure the
1374+20 safety of those sites by promulgating regulations limiting
1375+21 access to those files as necessary.
1376+22 (Source: P.A. 100-695, eff. 8-3-18.)
1377+23 (20 ILCS 3435/11) (from Ch. 127, par. 133c11)
1378+24 Sec. 11. Violation of administrative rules. The Department
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1389+1 of Natural Resources, in consultation with other State
1390+2 agencies and Departments that own or control land, shall
1391+3 promulgate such regulations as may be necessary to carry out
1392+4 the purposes of this Act.
1393+5 It is unlawful to violate any administrative rule
1394+6 promulgated pursuant to this Act. A violation of
1395+7 administrative rules promulgated pursuant to this Act is a
1396+8 Class B misdemeanor.
1397+9 (Source: P.A. 100-695, eff. 8-3-18.)
1398+10 (20 ILCS 3435/12 new)
1399+11 Sec. 12. Seizure.
1400+12 (a) Every device, equipment, tool, vehicle or conveyance,
1401+13 when used or operated illegally, or attempted to be used or
1402+14 operated illegally by any person in taking, transporting,
1403+15 holding, disturbing, exploring, excavating, collecting or
1404+16 conveying any archaeological or paleontological resources,
1405+17 contrary to the provisions of this Act, including
1406+18 administrative rules, is a public nuisance and subject to
1407+19 seizure and confiscation by any authorized employee of the
1408+20 Department; upon the seizure of such item the Department shall
1409+21 take and hold the same until disposed of as hereinafter
1410+22 provided.
1411+23 (b) Upon the seizure of any property as herein provided,
1412+24 the authorized employee of the Department making such seizure
1413+25 shall forthwith cause a complaint to be filed before the
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1424+1 circuit court and a summons to be issued requiring the person
1425+2 who illegally used or operated or attempted to use or operate
1426+3 such property and the owner and person in possession of such
1427+4 property to appear in court and show cause why the property
1428+5 seized should not be forfeited to the State. Upon the return of
1429+6 the summons duly served or other notice as herein provided,
1430+7 the court shall proceed to determine the question of the
1431+8 illegality of the use of the seized property and upon judgment
1432+9 being entered to the effect that such property was illegally
1433+10 used, an order may be entered providing for the forfeiture of
1434+11 such seized property to the Department and shall thereupon
1435+12 become the property of the Department; but the owner of such
1436+13 property may have a jury determine the illegality of its use,
1437+14 and shall have the right of an appeal, as in other cases. Such
1438+15 confiscation or forfeiture shall not preclude or mitigate
1439+16 against prosecution and assessment of penalties otherwise
1440+17 provided in this Act.
1441+18 (c) Upon seizure of any property under circumstances
1442+19 supporting a reasonable belief that such property was
1443+20 abandoned, lost or stolen or otherwise illegally possessed or
1444+21 used contrary to the provisions of this Act, except property
1445+22 seized during a search or arrest, and ultimately returned,
1446+23 destroyed, or otherwise disposed of pursuant to order of a
1447+24 court in accordance with this Act, the Department shall make
1448+25 reasonable inquiry and efforts to identify and notify the
1449+26 owner or other person entitled to possession thereof, and
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1460+1 shall return the property after such person provides
1461+2 reasonable and satisfactory proof of his ownership or right to
1462+3 possession and reimburses the Department for all reasonable
1463+4 expenses of such custody. If the identity or location of the
1464+5 owner or other person entitled to possession of the property
1465+6 has not been ascertained within 6 months after the Department
1466+7 obtains such possession, the Department shall effectuate the
1467+8 sale of the property for cash to the highest bidder at a public
1468+9 auction. The owner or other person entitled to possession of
1469+10 such property may claim and recover possession of the property
1470+11 at any time before its sale at public auction, upon providing
1471+12 reasonable and satisfactory proof of ownership or right of
1472+13 possession and reimbursing the Department for all reasonable
1473+14 expenses of custody thereof.
1474+15 (d) Any property forfeited to the State by court order
1475+16 pursuant to this Section may be disposed of by public auction,
1476+17 except that any property which is the subject of such a court
1477+18 order shall not be disposed of pending appeal of the order. The
1478+19 proceeds of the sales at auction shall be deposited in the
1479+20 Historic Sites Fund.
1480+21 (e) The Department shall pay all costs of notices required
1481+22 by this Section.
1482+23 Property seized or forfeited under this Section is subject
1483+24 to reporting under the Seizure and Forfeiture Reporting Act.
1484+25 (f) This Section does not apply to archaeological or
1485+26 paleontological resources that were recovered by the
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1496+1 Department or other law enforcement agency during an
1497+2 investigation of a violation of this Act.
1498+3 Section 25. The Human Skeletal Remains Protection Act is
1499+4 amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12,
1500+5 13, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and
1501+6 16.3 as follows:
1502+7 (20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
1503+8 Sec. 0.01. Short title. This Act may be cited as the Human
1504+9 Skeletal Remains Protection Act.
1505+10 (Source: P.A. 86-1324.)
1506+11 (20 ILCS 3440/1) (from Ch. 127, par. 2661)
1507+12 Sec. 1. Definitions. For the purposes of this Act:
1508+13 "Department" means the Department of Natural Resources.
1509+14 "Disturb" or "disturbance" includes excavating, removing,
1510+15 exposing, probing, defacing, mutilating, destroying,
1511+16 molesting, or desecrating in any way human remains,
1512+17 unregistered graves, grave artifacts, and grave markers.
1513+18 "Encounter" means to come upon human remains, grave
1514+19 artifacts, grave markers, or unregistered graves at a location
1515+20 where such viewing was not expected or anticipated.
1516+21 "Grave artifacts" means any item of human manufacture or
1517+22 use that is associated with the human remains in an
1518+23 unregistered grave.
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1529+1 "Grave markers" means any tomb, monument, stone, ornament,
1530+2 mound, or other item of human manufacture that is associated
1531+3 with an unregistered grave.
1532+4 (a) "Human skeletal remains" include the bones and
1533+5 decomposed fleshy parts of a deceased human body.
1534+6 "Person" means any natural individual, firm, trust,
1535+7 estate, partnership, association, joint stock company, joint
1536+8 venture, limited-liability company, corporation or a receiver,
1537+9 trustee, guardian or other representatives appointed by order
1538+10 of any court, the Federal and State governments, including
1539+11 State Universities created by statute or any city, town,
1540+12 county or other political subdivision of this State.
1541+13 "Tribal consultation" means a form of communication
1542+14 centered in trust, respect and shared responsibility that
1543+15 upholds Tribal sovereignty. It is a free and open process
1544+16 where the exchange of information and opinions are shared
1545+17 among the participating parties.
1546+18 "Undertaking" means any project, activity, or construction
1547+19 that can result in changes to, disturbance of, moving, or
1548+20 destruction of human remains, grave artifacts, grave markers
1549+21 or unregistered graves.
1550+22 (b) "Unregistered grave graves" means are any grave graves
1551+23 or location locations where a human body has been buried or
1552+24 deposited; is over 100 years old; and is not in a cemetery
1553+25 registered with or licensed by the State Comptroller under the
1554+26 Cemetery Care Act or under the authority of the Illinois
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1565+1 Department of Financial and Professional Regulation pursuant
1566+2 to the Cemetery Oversight Act, whichever is applicable.
1567+3 (c) "Grave artifacts" are any item of human manufacture or
1568+4 use that is associated with the human skeletal remains in an
1569+5 unregistered grave.
1570+6 (d) "Grave markers" are any tomb, monument, stone,
1571+7 ornament, mound, or other item of human manufacture that is
1572+8 associated with an unregistered grave.
1573+9 (e) "Person" means any natural individual, firm, trust,
1574+10 estate, partnership, association, joint stock company, joint
1575+11 venture, corporation or a receiver, trustee, guardian or other
1576+12 representatives appointed by order of any court, the Federal
1577+13 and State governments, including State Universities created by
1578+14 statute or any city, town, county or other political
1579+15 subdivision of this State.
1580+16 (f) "Disturb" includes excavating, removing, exposing,
1581+17 defacing, mutilating, destroying, molesting, or desecrating in
1582+18 any way human skeletal remains, unregistered graves, and grave
1583+19 markers.
1584+20 (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
1585+21 (20 ILCS 3440/2) (from Ch. 127, par. 2662)
1586+22 Sec. 2. Legislative finding and intentions. The General
1587+23 Assembly finds that existing laws do not provide equal or
1588+24 adequate protection for all human graves. There is a real and
1589+25 growing threat to the safety and sanctity of unregistered and
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1600+1 unmarked graves. Numerous incidents in Illinois have resulted
1601+2 in the desecration of human remains and vandalism to graves
1602+3 and grave markers. Similar incidents have occurred in
1603+4 neighboring states and as a result those states have increased
1604+5 their criminal penalties for such conduct. Strong and
1605+6 meaningful relationships between the State of Illinois and
1606+7 tribal nations geographically and culturally affiliated to the
1607+8 land now known as the State of Illinois must be cultivated.
1608+9 There is a strong likelihood that persons engaged for personal
1609+10 or financial gain in the mining of prehistoric and historic
1610+11 Indian, pioneer, and Civil War veteran's graves will move
1611+12 their operations to Illinois to avoid the increased penalties
1612+13 being imposed in neighboring states. There is an immediate
1613+14 need for legislation to protect the graves of Native Americans
1614+15 and any other peoples geographically and culturally affiliated
1615+16 to the land now known as the State of Illinois these earlier
1616+17 Illinoisans from such desecration. The General Assembly
1617+18 intends to assure with this Act that all human burials be
1618+19 accorded equal treatment and respect for human dignity without
1619+20 reference to ethnic origins, cultural backgrounds or religious
1620+21 affiliations.
1621+22 The General Assembly finds that the intentional looting
1622+23 of, desecration of, or profiting from human remains and
1623+24 mortuary objects are deplorable actions that must be
1624+25 prohibited. When human remains and unregistered graves are
1625+26 unintentionally encountered, they must be treated with respect
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1636+1 and in accordance with law. This Act is not intended The
1637+2 General Assembly also finds that those persons engaged in the
1638+3 scientific study or collecting of artifacts which have not
1639+4 been acquired in violation of law are engaged in legitimate
1640+5 and worthy scientific, educational and recreational
1641+6 activities. This Act is not intended to interfere with the
1642+7 continued legitimate collecting activities or studies of such
1643+8 persons; nor is it intended to interfere with the normal
1644+9 enjoyment of private property owners, farmers, or those
1645+10 engaged in the development, mining or improvement of real
1646+11 property.
1647+12 (Source: P.A. 95-331, eff. 8-21-07.)
1648+13 (20 ILCS 3440/3) (from Ch. 127, par. 2663)
1649+14 Sec. 3. Notification to coroner and Department. Any person
1650+15 who encounters discovers human skeletal remains subject to
1651+16 this Act shall promptly notify the coroner and shall notify
1652+17 the Department within 48 hours of the encounter. Any person
1653+18 who knowingly fails to report such an encounter as required by
1654+19 this section a discovery within 48 hours is guilty of a Class C
1655+20 misdemeanor, unless such person has reasonable cause to
1656+21 believe that the coroner and the Department had already been
1657+22 so notified. If the human skeletal remains appear to be from an
1658+23 unregistered grave, the coroner shall promptly notify the
1659+24 Department of Natural Resources prior to their removal.
1660+25 Nothing in this Act shall be construed to apply to human
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1671+1 skeletal remains subject to "An Act to revise the law in
1672+2 relation to coroners".
1673+3 (Source: P.A. 100-695, eff. 8-3-18.)
1674+4 (20 ILCS 3440/3.5 new)
1675+5 Sec. 3.5. Encounter procedure. When an undertaking
1676+6 encounters human remains, unregistered graves, grave markers,
1677+7 or grave artifacts, all activities shall cease within a
1678+8 100-foot radius of the encounter. The encountering party shall
1679+9 notify the coroner and the Department as required in Section
1680+10 3. If the coroner determines that the human remains are not
1681+11 over 100 years old, no further action is required under this
1682+12 Act. If the coroner does determine that the human remains are
1683+13 over 100 years old, the Department shall review the
1684+14 undertaking and may issue a permit pursuant to Section 13.
1685+15 During its review, if it is determined by the Department that
1686+16 the human remains, unregistered grave, grave marker, or grave
1687+17 artifact are Native American in origin, the Department shall
1688+18 conduct tribal consultation with the tribal nations that
1689+19 identify as having or having had a historical, cultural, or
1690+20 geographic affiliation on the land where the undertaking will
1691+21 occur.
1692+22 (20 ILCS 3440/4) (from Ch. 127, par. 2664)
1693+23 Sec. 4. Disturbing human remains.
1694+24 (a) It is unlawful for any person, either by himself or
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1705+1 through an agent, to knowingly or recklessly disturb or to
1706+2 knowingly or recklessly allow the disturbance of human
1707+3 skeletal remains, unregistered graves, grave markers, or and
1708+4 grave artifacts that originated from any land that is now part
1709+5 of the State of Illinois and in unregistered graves protected
1710+6 by this Act unless such disturbance is authorized by person
1711+7 obtains a permit issued by the Department of Natural
1712+8 Resources. A violation of this Section is a Class 4 felony.
1713+9 (b) This Section does not apply to:
1714+10 (1) persons employed by or agents of a county medical
1715+11 examiner's office or coroner's office acting within the
1716+12 scope of their employment;
1717+13 (2) the acts of a licensed funeral director or
1718+14 embalmer while performing acts authorized by the Funeral
1719+15 Directors and Embalmers Licensing Code;
1720+16 (3) cemeteries and cemetery personnel while performing
1721+17 acts pursuant to a bona fide request from the involved
1722+18 cemetery consumer or his or her heirs, or pursuant to an
1723+19 interment or disinterment permit or a court order, or as
1724+20 authorized under Section 14.5 of the Cemetery Protection
1725+21 Act, or any other actions legally authorized for cemetery
1726+22 employees;
1727+23 (4) the acts of emergency medical personnel or
1728+24 physicians performed in good faith and according to the
1729+25 usual and customary standards of medical practice in an
1730+26 attempt to resuscitate a life;
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1741+1 (5) physicians licensed to practice medicine in all of
1742+2 its branches or holding a visiting professor, physician,
1743+3 or resident permit under the Medical Practice Act of 1987,
1744+4 performing acts in accordance with usual and customary
1745+5 standards of medical practice, or a currently enrolled
1746+6 student in an accredited medical school in furtherance of
1747+7 his or her education at the accredited medical school;
1748+8 (6) removing or carrying away human remains by the
1749+9 employees, independent contractors, or other persons
1750+10 designated by the federally designated organ procurement
1751+11 agency engaged in the organ and tissue procurement
1752+12 process; or
1753+13 (7) Department employees in the course of their
1754+14 official duties pursuant to this Act.
1755+15 (Source: P.A. 100-695, eff. 8-3-18.)
1756+16 (20 ILCS 3440/6) (from Ch. 127, par. 2666)
1757+17 Sec. 6. Violations.
1758+18 (a) It is unlawful for any person, either by himself or
1759+19 through an agent, to knowingly or recklessly:
1760+20 (1) charge admission or a fee to observe;
1761+21 (2) sell;
1762+22 (3) purchase; or
1763+23 (4) transport for sale or to a location that will
1764+24 charge admission or a fee to observe any human remains,
1765+25 grave artifacts, or grave markers that are Native American
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1776+1 in origin or that originated from any land that is now part
1777+2 of the State of Illinois.
1778+3 A person who violates this Section commits a Class A
1779+4 misdemeanor for a first violation and a Class 4 felony for a
1780+5 second or subsequent violation offer any human skeletal
1781+6 remains, grave artifacts or grave markers for sale or exchange
1782+7 with the knowledge that they have been collected or excavated
1783+8 in violation of this Act.
1784+9 (b) This Section does not apply to:
1785+10 (1) the acts of a licensed funeral director or
1786+11 embalmer while performing acts authorized by the Funeral
1787+12 Directors and Embalmers Licensing Code; or
1788+13 (2) cemeteries and cemetery personnel while performing
1789+14 acts pursuant to a bona fide request from the involved
1790+15 cemetery consumer or his or her heirs, or pursuant to an
1791+16 interment or disinterment permit or a court order, or as
1792+17 authorized under Section 14.5 of the Cemetery Protection
1793+18 Act, or any other actions legally authorized for cemetery
1794+19 employees.
1795+20 (Source: P.A. 86-151.)
1796+21 (20 ILCS 3440/8) (from Ch. 127, par. 2668)
1797+22 Sec. 8. Duties of the State's Attorney and Attorney
1798+23 General. The State's Attorney of the county in which a
1799+24 violation of Sections 4, 5, 6, or 7 of this Act or
1800+25 administrative rules is alleged to have occurred, or the
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1811+1 Attorney General, may be requested by the Department Director
1812+2 of Natural Resources to initiate criminal prosecutions and or
1813+3 to seek restitution, civil damages, injunctive relief and any
1814+4 other appropriate relief. The Department of Natural Resources
1815+5 shall co-operate with the State's Attorney or the Attorney
1816+6 General. Persons wishing to report aware of any violations of
1817+7 this Act shall contact the Department of Natural Resources.
1818+8 (Source: P.A. 100-695, eff. 8-3-18.)
1819+9 (20 ILCS 3440/9) (from Ch. 127, par. 2669)
1820+10 Sec. 9. Rewards for information leading to arrest of
1821+11 violators of the Act. The Department of Natural Resources is
1822+12 authorized to offer a reward of up to $5,000 $2000 for
1823+13 information leading to the arrest and conviction of persons
1824+14 who violate Sections 4, 5, 6, and 7 of this Act.
1825+15 (Source: P.A. 100-695, eff. 8-3-18.)
1826+16 (20 ILCS 3440/10) (from Ch. 127, par. 2670)
1827+17 Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of
1828+18 this Act, unless otherwise specified, is a Class A misdemeanor
1829+19 for a first violation and a Class 4 felony for a second or
1830+20 subsequent violation. Any violation of administrative rules
1831+21 adopted under this Act is a Class B misdemeanor and the
1832+22 violator shall be subject to imprisonment for not more than 1
1833+23 year and a fine not in excess of $10,000; any subsequent
1834+24 violation is a Class 4 felony. Each disturbance of human
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1845+1 remains, an unregistered graves, grave markers, or grave
1846+2 artifacts grave constitutes a separate offense.
1847+3 (Source: P.A. 86-151.)
1848+4 (20 ILCS 3440/12) (from Ch. 127, par. 2672)
1849+5 Sec. 12. Restitution. Persons convicted of a violation of
1850+6 Section 3, 3.5, 4, or 6 Section 4 or 5 of this Act shall also
1851+7 be liable for restitution civil damages to be assessed by the
1852+8 circuit court Historic Preservation Agency. Restitution Civil
1853+9 damages may include, but is not limited to:
1854+10 (a) (blank); forfeiture of any and all equipment used in
1855+11 disturbing the protected unregistered graves or grave markers;
1856+12 (b) any and all costs incurred in cleaning, restoring,
1857+13 repairing, analyzing, accessioning and curating the recovered
1858+14 materials, including, but not limited to, fees for experts the
1859+15 Department needed to complete any restoration or
1860+16 identification required under this Act;
1861+17 (c) any and all costs associated with restoring the land
1862+18 to its original contour or the grave marker to its original
1863+19 condition;
1864+20 (d) any and all costs associated with recovery of data,
1865+21 and analyzing, publishing, accessioning and curating materials
1866+22 when the prohibited activity is so extensive as to preclude
1867+23 the restoration of the unregistered burials or grave markers;
1868+24 (e) any and all costs associated with the reinterment of
1869+25 the human skeletal remains;
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1880+1 (f) any and all costs associated with the determination
1881+2 and collection of restitution; and the civil damages.
1882+3 (g) for Native American remains and materials, any and all
1883+4 costs of traveling for tribal nation representatives for
1884+5 reinterment or repatriation activities and for non-Native
1885+6 American remains and materials, any and all costs of traveling
1886+7 for experts the Department needed to complete any restoration
1887+8 or identification required under this Act.
1888+9 When restitution is ordered in a case prosecuted by civil
1889+10 damages are recovered through the Attorney General, the
1890+11 restitution proceeds shall be deposited into the Repatriation
1891+12 and Reinterment Historic Sites Fund; when restitution is
1892+13 ordered in a case prosecuted by civil damages are recovered
1893+14 through the State's Attorney, the proceeds shall be deposited
1894+15 into the county funds designated by the county board that may
1895+16 only be used for repatriation or reinterment.
1896+17 (Source: P.A. 86-151.)
1897+18 (20 ILCS 3440/13) (from Ch. 127, par. 2673)
1898+19 Sec. 13. Notification.
1899+20 (a) If an undertaking will occur on property that the
1900+21 property owner has been notified in writing by the Department
1901+22 that the land is likely to contain human remains, unregistered
1902+23 graves, grave markers, or grave artifacts, a permit shall be
1903+24 obtained by the landowner from the Department.
1904+25 (b) If human remains, unregistered graves, grave markers,
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1915+1 or grave artifacts that were unknown and were encountered by
1916+2 any person, a permit shall be obtained from the Department
1917+3 before any work on the undertaking may continue.
1918+4 (c) The Department of Natural Resources shall adopt
1919+5 administrative rules develop regulations, in consultation with
1920+6 the Illinois State Museum, whereby permits shall may be issued
1921+7 for the avoidance, disturbance, or removal of human remains,
1922+8 unregistered graves, grave markers, or grave artifacts, or a
1923+9 combination of those activities removal of human skeletal
1924+10 remains and grave artifacts from unregistered graves or the
1925+11 removal of grave markers. The Department may adopt emergency
1926+12 rules in accordance with Sections 5-45 and 5-45.35 of the
1927+13 Illinois Administrative Procedure Act. The adoption of
1928+14 emergency rules authorized by Sections 5-45 and 5-45.35 of the
1929+15 Illinois Administrative Procedure Act and this paragraph is
1930+16 deemed to be necessary for the public interest, safety, and
1931+17 welfare.
1932+18 (d) (b) Each permit shall specify all terms and conditions
1933+19 under which the avoidance, removal, or disturbance of human
1934+20 skeletal remains, grave artifacts, or grave markers, or
1935+21 unregistered graves shall be carried out. All costs accrued in
1936+22 the removal of the aforementioned materials shall be borne by
1937+23 the permit applicant. Within 60 days of the Upon completion of
1938+24 the undertaking project, the permit holder shall submit a
1939+25 report, on a form provided by the Department, of the results to
1940+26 the Department of Natural Resources.
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1951+1 (Source: P.A. 100-695, eff. 8-3-18.)
1952+2 (20 ILCS 3440/14) (from Ch. 127, par. 2674)
1953+3 Sec. 14. Native American human remains. All Native
1954+4 American human remains, unregistered graves, grave markers,
1955+5 and grave artifacts are the property of the Native American
1956+6 nations geographically and culturally affiliated with
1957+7 Illinois. The Department shall maintain and care for Native
1958+8 American property until tribal consultation has been completed
1959+9 and the tribes have made the final decision for repatriation
1960+10 or other arrangements have been established. The Department
1961+11 shall:
1962+12 (1) maintain records;
1963+13 (2) conduct tribal consultation;
1964+14 (3) provide reports to tribal nations; and
1965+15 (4) facilitate repatriation and reinterment efforts.
1966+16 Such repatriation and reinterment efforts shall be with
1967+17 tribal approval.
1968+18 All non-Native American human skeletal remains, grave markers,
1969+19 and grave artifacts in unregistered graves are held in trust
1970+20 for the people of Illinois by the State and are under the
1971+21 jurisdiction of the Department until and unless they are
1972+22 repatriated to descendants or other arrangements have been
1973+23 established. Unless and until they are repatriated, all of
1974+24 Natural Resources. All materials collected under this Act
1975+25 shall be maintained, with dignity and respect, for the people
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1986+1 of the State under the care of the Department Illinois State
1987+2 Museum.
1988+3 (Source: P.A. 100-695, eff. 8-3-18.)
1989+4 (20 ILCS 3440/15) (from Ch. 127, par. 2675)
1990+5 Sec. 15. Rules. The Department of Natural Resources shall
1991+6 adopt promulgate such administrative rules regulations as may
1992+7 be necessary to carry out the purposes of this Act in
1993+8 accordance with the Illinois Administrative Procedure Act.
1994+9 (Source: P.A. 100-695, eff. 8-3-18.)
1995+10 (20 ILCS 3440/16) (from Ch. 127, par. 2676)
1996+11 Sec. 16. Exemptions. Activities reviewed by the Department
1997+12 of Natural Resources pursuant to Section 106 of the National
1998+13 Historic Preservation Act (16 U.S.C. 470f) and activities
1999+14 permitted pursuant to the Federal Surface Mining Control and
2000+15 Reclamation Act of 1977 (P.L. 95-87), or the rules and
2001+16 regulations promulgated thereunder or any law, rule or
2002+17 regulation adopted by the State of Illinois thereunder shall
2003+18 be exempt from these permitting requirements.
2004+19 (Source: P.A. 100-695, eff. 8-3-18.)
2005+20 (20 ILCS 3440/16.1 new)
2006+21 Sec. 16.1. Burial sites on Department owned lands. The
2007+22 Department may create burial sites on Department owned lands
2008+23 for the reburial of repatriated Native American human remains,
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2019+1 unregistered graves, grave markers, or grave artifacts after
2020+2 tribal consultation with the federally recognized tribes with
2021+3 geographical and cultural affiliation with Illinois. The
2022+4 burial sites shall not be used by the public and shall be
2023+5 protected by the State of Illinois.
2024+6 (20 ILCS 3440/16.2 new)
2025+7 Sec. 16.2. Repatriation and Reinterment Fund. The
2026+8 Repatriation and Reinterment Fund is created in the State
2027+9 treasury. All restitution collected from the prosecution of
2028+10 any violation of this Act shall be deposited in the fund and
2029+11 each deposit shall only be used to cover the restitution that
2030+12 was so ordered in an individual case pursuant to Section 12.
2031+13 The General Assembly may allocate appropriations to this fund
2032+14 to cover the cost of, including but not limited to,
2033+15 reinterment, repatriation, repair, or restoration of human
2034+16 remains, unregistered graves, grave markers, or grave
2035+17 artifacts that are in the custody of the Department.
2036+18 (20 ILCS 3440/16.3 new)
2037+19 Sec. 16.3. Forfeiture.
2038+20 (a) Every device, equipment, tool, vehicle or conveyance,
2039+21 when used or operated illegally, or attempted to be used or
2040+22 operated illegally by any person in taking, transporting,
2041+23 holding, disturbing, exploring, excavating, collecting or
2042+24 conveying any human remains, grave artifacts, or grave
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2053+1 markers, contrary to the provisions of this Act, including
2054+2 administrative rules, is a public nuisance and subject to
2055+3 seizure and confiscation by any authorized employee of the
2056+4 Department; upon the seizure of such item the Department shall
2057+5 take and hold the same until disposed of as hereinafter
2058+6 provided.
2059+7 (b) Upon the seizure of any property as herein provided,
2060+8 the authorized employee of the Department making such seizure
2061+9 shall forthwith cause a complaint to be filed before the
2062+10 circuit court and a summons to be issued requiring the person
2063+11 who illegally used or operated or attempted to use or operate
2064+12 such property and the owner and person in possession of such
2065+13 property to appear in court and show cause why the property
2066+14 seized should not be forfeited to the State. Upon the return of
2067+15 the summons duly served or other notice as herein provided,
2068+16 the court shall proceed to determine the question of the
2069+17 illegality of the use of the seized property and upon judgment
2070+18 being entered to the effect that such property was illegally
2071+19 used, an order may be entered providing for the forfeiture of
2072+20 such seized property to the Department and shall thereupon
2073+21 become the property of the Department; but the owner of such
2074+22 property may have a jury determine the illegality of its use,
2075+23 and shall have the right of an appeal, as in other cases. Such
2076+24 confiscation or forfeiture shall not preclude or mitigate
2077+25 against prosecution and assessment of penalties otherwise
2078+26 provided in this Act.
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2089+1 (c) Upon seizure of any property under circumstances
2090+2 supporting a reasonable belief that such property was
2091+3 abandoned, lost or stolen or otherwise illegally possessed or
2092+4 used contrary to the provisions of this Act, except property
2093+5 seized during a search or arrest, and ultimately returned,
2094+6 destroyed, or otherwise disposed of pursuant to order of a
2095+7 court in accordance with this Act, the Department shall make
2096+8 reasonable inquiry and efforts to identify and notify the
2097+9 owner or other person entitled to possession thereof, and
2098+10 shall return the property after such person provides
2099+11 reasonable and satisfactory proof of his ownership or right to
2100+12 possession and reimburses the Department for all reasonable
2101+13 expenses of such custody. If the identity or location of the
2102+14 owner or other person entitled to possession of the property
2103+15 has not been ascertained within 6 months after the Department
2104+16 obtains such possession, the Department shall effectuate the
2105+17 sale of the property for cash to the highest bidder at a public
2106+18 auction. The owner or other person entitled to possession of
2107+19 such property may claim and recover possession of the property
2108+20 at any time before its sale at public auction, upon providing
2109+21 reasonable and satisfactory proof of ownership or right of
2110+22 possession and reimbursing the Department for all reasonable
2111+23 expenses of custody thereof.
2112+24 (d) Any property forfeited to the State by court order
2113+25 pursuant to this Section may be disposed of by public auction,
2114+26 except that any property which is the subject of such a court
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2125+1 order shall not be disposed of pending appeal of the order. The
2126+2 proceeds of the sales at auction shall be deposited in the
2127+3 Repatriation and Reinterment Fund.
2128+4 (e) The Department shall pay all costs of notices required
2129+5 by this Section.
2130+6 (f) Property seized or forfeited under this Section is
2131+7 subject to reporting under the Seizure and Forfeiture
2132+8 Reporting Act.
2133+9 (g) This Section does not apply to human remains, grave
2134+10 artifacts, or grave markers that were recovered by the
2135+11 Department or other law enforcement agency during an
2136+12 investigation of a violation of this Act.
2137+13 (20 ILCS 3440/5 rep.)
2138+14 (20 ILCS 3440/7 rep.)
2139+15 (20 ILCS 3440/11 rep.)
2140+16 Section 30. The Human Skeletal Remains Protection Act is
2141+17 amended by repealing Sections 5, 7, and 11.
2142+18 Section 35. The State Finance Act is amended by adding
2143+19 Section 5.990 as follows:
2144+20 (30 ILCS 105/5.990 new)
2145+21 Sec. 5.990. The Repatriation and Reinterment Fund.
2146+22 Section 95. No acceleration or delay. Where this Act makes
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2157+1 changes in a statute that is represented in this Act by text
2158+2 that is not yet or no longer in effect (for example, a Section
2159+3 represented by multiple versions), the use of that text does
2160+4 not accelerate or delay the taking effect of (i) the changes
2161+5 made by this Act or (ii) provisions derived from any other
2162+6 Public Act.
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