Illinois 2025-2026 Regular Session

Illinois House Bill HB3592 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3592 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/720 ILCS 2610/4650 ILCS 705/6.250 ILCS 705/9.2 Amends the Freedom of Information Act. Deletes a provision that exempted from disclosure under the Act records contained in the officer professional conduct database established under the Illinois Police Training Act. Amends the Illinois State Police Act. Requires the Illinois State Police Merit Board to publish the officer professional conduct database on its website so that it is both searchable and viewable in its entirety by the public and can be downloaded in its entirety as a Comma-Separated Values (CSV) file. Amends the Illinois Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to ensure that the officer professional conduct database established under the Act is available to the public. Deletes a provisions which specifies that information submitted to the officer professional conduct database is confidential. LRB104 09595 RTM 19660 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3592 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 5 ILCS 140/720 ILCS 2610/4650 ILCS 705/6.250 ILCS 705/9.2 5 ILCS 140/7 20 ILCS 2610/46 50 ILCS 705/6.2 50 ILCS 705/9.2 Amends the Freedom of Information Act. Deletes a provision that exempted from disclosure under the Act records contained in the officer professional conduct database established under the Illinois Police Training Act. Amends the Illinois State Police Act. Requires the Illinois State Police Merit Board to publish the officer professional conduct database on its website so that it is both searchable and viewable in its entirety by the public and can be downloaded in its entirety as a Comma-Separated Values (CSV) file. Amends the Illinois Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to ensure that the officer professional conduct database established under the Act is available to the public. Deletes a provisions which specifies that information submitted to the officer professional conduct database is confidential. LRB104 09595 RTM 19660 b LRB104 09595 RTM 19660 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3592 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 5 ILCS 140/720 ILCS 2610/4650 ILCS 705/6.250 ILCS 705/9.2 5 ILCS 140/7 20 ILCS 2610/46 50 ILCS 705/6.2 50 ILCS 705/9.2
44 5 ILCS 140/7
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77 50 ILCS 705/9.2
88 Amends the Freedom of Information Act. Deletes a provision that exempted from disclosure under the Act records contained in the officer professional conduct database established under the Illinois Police Training Act. Amends the Illinois State Police Act. Requires the Illinois State Police Merit Board to publish the officer professional conduct database on its website so that it is both searchable and viewable in its entirety by the public and can be downloaded in its entirety as a Comma-Separated Values (CSV) file. Amends the Illinois Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to ensure that the officer professional conduct database established under the Act is available to the public. Deletes a provisions which specifies that information submitted to the officer professional conduct database is confidential.
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1414 1 AN ACT concerning government.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Freedom of Information Act is amended by
1818 5 changing Section 7 as follows:
1919 6 (5 ILCS 140/7)
2020 7 Sec. 7. Exemptions.
2121 8 (1) When a request is made to inspect or copy a public
2222 9 record that contains information that is exempt from
2323 10 disclosure under this Section, but also contains information
2424 11 that is not exempt from disclosure, the public body may elect
2525 12 to redact the information that is exempt. The public body
2626 13 shall make the remaining information available for inspection
2727 14 and copying. Subject to this requirement, the following shall
2828 15 be exempt from inspection and copying:
2929 16 (a) Information specifically prohibited from
3030 17 disclosure by federal or State law or rules and
3131 18 regulations implementing federal or State law.
3232 19 (b) Private information, unless disclosure is required
3333 20 by another provision of this Act, a State or federal law,
3434 21 or a court order.
3535 22 (b-5) Files, documents, and other data or databases
3636 23 maintained by one or more law enforcement agencies and
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3592 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
4141 5 ILCS 140/720 ILCS 2610/4650 ILCS 705/6.250 ILCS 705/9.2 5 ILCS 140/7 20 ILCS 2610/46 50 ILCS 705/6.2 50 ILCS 705/9.2
4242 5 ILCS 140/7
4343 20 ILCS 2610/46
4444 50 ILCS 705/6.2
4545 50 ILCS 705/9.2
4646 Amends the Freedom of Information Act. Deletes a provision that exempted from disclosure under the Act records contained in the officer professional conduct database established under the Illinois Police Training Act. Amends the Illinois State Police Act. Requires the Illinois State Police Merit Board to publish the officer professional conduct database on its website so that it is both searchable and viewable in its entirety by the public and can be downloaded in its entirety as a Comma-Separated Values (CSV) file. Amends the Illinois Police Training Act. Requires the Illinois Law Enforcement Training Standards Board to ensure that the officer professional conduct database established under the Act is available to the public. Deletes a provisions which specifies that information submitted to the officer professional conduct database is confidential.
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7777 1 specifically designed to provide information to one or
7878 2 more law enforcement agencies regarding the physical or
7979 3 mental status of one or more individual subjects.
8080 4 (c) Personal information contained within public
8181 5 records, the disclosure of which would constitute a
8282 6 clearly unwarranted invasion of personal privacy, unless
8383 7 the disclosure is consented to in writing by the
8484 8 individual subjects of the information. "Unwarranted
8585 9 invasion of personal privacy" means the disclosure of
8686 10 information that is highly personal or objectionable to a
8787 11 reasonable person and in which the subject's right to
8888 12 privacy outweighs any legitimate public interest in
8989 13 obtaining the information. The disclosure of information
9090 14 that bears on the public duties of public employees and
9191 15 officials shall not be considered an invasion of personal
9292 16 privacy.
9393 17 (d) Records in the possession of any public body
9494 18 created in the course of administrative enforcement
9595 19 proceedings, and any law enforcement or correctional
9696 20 agency for law enforcement purposes, but only to the
9797 21 extent that disclosure would:
9898 22 (i) interfere with pending or actually and
9999 23 reasonably contemplated law enforcement proceedings
100100 24 conducted by any law enforcement or correctional
101101 25 agency that is the recipient of the request;
102102 26 (ii) interfere with active administrative
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113113 1 enforcement proceedings conducted by the public body
114114 2 that is the recipient of the request;
115115 3 (iii) create a substantial likelihood that a
116116 4 person will be deprived of a fair trial or an impartial
117117 5 hearing;
118118 6 (iv) unavoidably disclose the identity of a
119119 7 confidential source, confidential information
120120 8 furnished only by the confidential source, or persons
121121 9 who file complaints with or provide information to
122122 10 administrative, investigative, law enforcement, or
123123 11 penal agencies; except that the identities of
124124 12 witnesses to traffic crashes, traffic crash reports,
125125 13 and rescue reports shall be provided by agencies of
126126 14 local government, except when disclosure would
127127 15 interfere with an active criminal investigation
128128 16 conducted by the agency that is the recipient of the
129129 17 request;
130130 18 (v) disclose unique or specialized investigative
131131 19 techniques other than those generally used and known
132132 20 or disclose internal documents of correctional
133133 21 agencies related to detection, observation, or
134134 22 investigation of incidents of crime or misconduct, and
135135 23 disclosure would result in demonstrable harm to the
136136 24 agency or public body that is the recipient of the
137137 25 request;
138138 26 (vi) endanger the life or physical safety of law
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149149 1 enforcement personnel or any other person; or
150150 2 (vii) obstruct an ongoing criminal investigation
151151 3 by the agency that is the recipient of the request.
152152 4 (d-5) A law enforcement record created for law
153153 5 enforcement purposes and contained in a shared electronic
154154 6 record management system if the law enforcement agency
155155 7 that is the recipient of the request did not create the
156156 8 record, did not participate in or have a role in any of the
157157 9 events which are the subject of the record, and only has
158158 10 access to the record through the shared electronic record
159159 11 management system.
160160 12 (d-6) (Blank). Records contained in the Officer
161161 13 Professional Conduct Database under Section 9.2 of the
162162 14 Illinois Police Training Act, except to the extent
163163 15 authorized under that Section. This includes the documents
164164 16 supplied to the Illinois Law Enforcement Training
165165 17 Standards Board from the Illinois State Police and
166166 18 Illinois State Police Merit Board.
167167 19 (d-7) Information gathered or records created from the
168168 20 use of automatic license plate readers in connection with
169169 21 Section 2-130 of the Illinois Vehicle Code.
170170 22 (e) Records that relate to or affect the security of
171171 23 correctional institutions and detention facilities.
172172 24 (e-5) Records requested by persons committed to the
173173 25 Department of Corrections, Department of Human Services
174174 26 Division of Mental Health, or a county jail if those
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185185 1 materials are available in the library of the correctional
186186 2 institution or facility or jail where the inmate is
187187 3 confined.
188188 4 (e-6) Records requested by persons committed to the
189189 5 Department of Corrections, Department of Human Services
190190 6 Division of Mental Health, or a county jail if those
191191 7 materials include records from staff members' personnel
192192 8 files, staff rosters, or other staffing assignment
193193 9 information.
194194 10 (e-7) Records requested by persons committed to the
195195 11 Department of Corrections or Department of Human Services
196196 12 Division of Mental Health if those materials are available
197197 13 through an administrative request to the Department of
198198 14 Corrections or Department of Human Services Division of
199199 15 Mental Health.
200200 16 (e-8) Records requested by a person committed to the
201201 17 Department of Corrections, Department of Human Services
202202 18 Division of Mental Health, or a county jail, the
203203 19 disclosure of which would result in the risk of harm to any
204204 20 person or the risk of an escape from a jail or correctional
205205 21 institution or facility.
206206 22 (e-9) Records requested by a person in a county jail
207207 23 or committed to the Department of Corrections or
208208 24 Department of Human Services Division of Mental Health,
209209 25 containing personal information pertaining to the person's
210210 26 victim or the victim's family, including, but not limited
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221221 1 to, a victim's home address, home telephone number, work
222222 2 or school address, work telephone number, social security
223223 3 number, or any other identifying information, except as
224224 4 may be relevant to a requester's current or potential case
225225 5 or claim.
226226 6 (e-10) Law enforcement records of other persons
227227 7 requested by a person committed to the Department of
228228 8 Corrections, Department of Human Services Division of
229229 9 Mental Health, or a county jail, including, but not
230230 10 limited to, arrest and booking records, mug shots, and
231231 11 crime scene photographs, except as these records may be
232232 12 relevant to the requester's current or potential case or
233233 13 claim.
234234 14 (f) Preliminary drafts, notes, recommendations,
235235 15 memoranda, and other records in which opinions are
236236 16 expressed, or policies or actions are formulated, except
237237 17 that a specific record or relevant portion of a record
238238 18 shall not be exempt when the record is publicly cited and
239239 19 identified by the head of the public body. The exemption
240240 20 provided in this paragraph (f) extends to all those
241241 21 records of officers and agencies of the General Assembly
242242 22 that pertain to the preparation of legislative documents.
243243 23 (g) Trade secrets and commercial or financial
244244 24 information obtained from a person or business where the
245245 25 trade secrets or commercial or financial information are
246246 26 furnished under a claim that they are proprietary,
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257257 1 privileged, or confidential, and that disclosure of the
258258 2 trade secrets or commercial or financial information would
259259 3 cause competitive harm to the person or business, and only
260260 4 insofar as the claim directly applies to the records
261261 5 requested.
262262 6 The information included under this exemption includes
263263 7 all trade secrets and commercial or financial information
264264 8 obtained by a public body, including a public pension
265265 9 fund, from a private equity fund or a privately held
266266 10 company within the investment portfolio of a private
267267 11 equity fund as a result of either investing or evaluating
268268 12 a potential investment of public funds in a private equity
269269 13 fund. The exemption contained in this item does not apply
270270 14 to the aggregate financial performance information of a
271271 15 private equity fund, nor to the identity of the fund's
272272 16 managers or general partners. The exemption contained in
273273 17 this item does not apply to the identity of a privately
274274 18 held company within the investment portfolio of a private
275275 19 equity fund, unless the disclosure of the identity of a
276276 20 privately held company may cause competitive harm.
277277 21 Nothing contained in this paragraph (g) shall be
278278 22 construed to prevent a person or business from consenting
279279 23 to disclosure.
280280 24 (h) Proposals and bids for any contract, grant, or
281281 25 agreement, including information which if it were
282282 26 disclosed would frustrate procurement or give an advantage
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293293 1 to any person proposing to enter into a contractor
294294 2 agreement with the body, until an award or final selection
295295 3 is made. Information prepared by or for the body in
296296 4 preparation of a bid solicitation shall be exempt until an
297297 5 award or final selection is made.
298298 6 (i) Valuable formulae, computer geographic systems,
299299 7 designs, drawings, and research data obtained or produced
300300 8 by any public body when disclosure could reasonably be
301301 9 expected to produce private gain or public loss. The
302302 10 exemption for "computer geographic systems" provided in
303303 11 this paragraph (i) does not extend to requests made by
304304 12 news media as defined in Section 2 of this Act when the
305305 13 requested information is not otherwise exempt and the only
306306 14 purpose of the request is to access and disseminate
307307 15 information regarding the health, safety, welfare, or
308308 16 legal rights of the general public.
309309 17 (j) The following information pertaining to
310310 18 educational matters:
311311 19 (i) test questions, scoring keys, and other
312312 20 examination data used to administer an academic
313313 21 examination;
314314 22 (ii) information received by a primary or
315315 23 secondary school, college, or university under its
316316 24 procedures for the evaluation of faculty members by
317317 25 their academic peers;
318318 26 (iii) information concerning a school or
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329329 1 university's adjudication of student disciplinary
330330 2 cases, but only to the extent that disclosure would
331331 3 unavoidably reveal the identity of the student; and
332332 4 (iv) course materials or research materials used
333333 5 by faculty members.
334334 6 (k) Architects' plans, engineers' technical
335335 7 submissions, and other construction related technical
336336 8 documents for projects not constructed or developed in
337337 9 whole or in part with public funds and the same for
338338 10 projects constructed or developed with public funds,
339339 11 including, but not limited to, power generating and
340340 12 distribution stations and other transmission and
341341 13 distribution facilities, water treatment facilities,
342342 14 airport facilities, sport stadiums, convention centers,
343343 15 and all government owned, operated, or occupied buildings,
344344 16 but only to the extent that disclosure would compromise
345345 17 security.
346346 18 (l) Minutes of meetings of public bodies closed to the
347347 19 public as provided in the Open Meetings Act until the
348348 20 public body makes the minutes available to the public
349349 21 under Section 2.06 of the Open Meetings Act.
350350 22 (m) Communications between a public body and an
351351 23 attorney or auditor representing the public body that
352352 24 would not be subject to discovery in litigation, and
353353 25 materials prepared or compiled by or for a public body in
354354 26 anticipation of a criminal, civil, or administrative
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365365 1 proceeding upon the request of an attorney advising the
366366 2 public body, and materials prepared or compiled with
367367 3 respect to internal audits of public bodies.
368368 4 (n) Records relating to a public body's adjudication
369369 5 of employee grievances or disciplinary cases; however,
370370 6 this exemption shall not extend to the final outcome of
371371 7 cases in which discipline is imposed.
372372 8 (o) Administrative or technical information associated
373373 9 with automated data processing operations, including, but
374374 10 not limited to, software, operating protocols, computer
375375 11 program abstracts, file layouts, source listings, object
376376 12 modules, load modules, user guides, documentation
377377 13 pertaining to all logical and physical design of
378378 14 computerized systems, employee manuals, and any other
379379 15 information that, if disclosed, would jeopardize the
380380 16 security of the system or its data or the security of
381381 17 materials exempt under this Section.
382382 18 (p) Records relating to collective negotiating matters
383383 19 between public bodies and their employees or
384384 20 representatives, except that any final contract or
385385 21 agreement shall be subject to inspection and copying.
386386 22 (q) Test questions, scoring keys, and other
387387 23 examination data used to determine the qualifications of
388388 24 an applicant for a license or employment.
389389 25 (r) The records, documents, and information relating
390390 26 to real estate purchase negotiations until those
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401401 1 negotiations have been completed or otherwise terminated.
402402 2 With regard to a parcel involved in a pending or actually
403403 3 and reasonably contemplated eminent domain proceeding
404404 4 under the Eminent Domain Act, records, documents, and
405405 5 information relating to that parcel shall be exempt except
406406 6 as may be allowed under discovery rules adopted by the
407407 7 Illinois Supreme Court. The records, documents, and
408408 8 information relating to a real estate sale shall be exempt
409409 9 until a sale is consummated.
410410 10 (s) Any and all proprietary information and records
411411 11 related to the operation of an intergovernmental risk
412412 12 management association or self-insurance pool or jointly
413413 13 self-administered health and accident cooperative or pool.
414414 14 Insurance or self-insurance (including any
415415 15 intergovernmental risk management association or
416416 16 self-insurance pool) claims, loss or risk management
417417 17 information, records, data, advice, or communications.
418418 18 (t) Information contained in or related to
419419 19 examination, operating, or condition reports prepared by,
420420 20 on behalf of, or for the use of a public body responsible
421421 21 for the regulation or supervision of financial
422422 22 institutions, insurance companies, or pharmacy benefit
423423 23 managers, unless disclosure is otherwise required by State
424424 24 law.
425425 25 (u) Information that would disclose or might lead to
426426 26 the disclosure of secret or confidential information,
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437437 1 codes, algorithms, programs, or private keys intended to
438438 2 be used to create electronic signatures under the Uniform
439439 3 Electronic Transactions Act.
440440 4 (v) Vulnerability assessments, security measures, and
441441 5 response policies or plans that are designed to identify,
442442 6 prevent, or respond to potential attacks upon a
443443 7 community's population or systems, facilities, or
444444 8 installations, but only to the extent that disclosure
445445 9 could reasonably be expected to expose the vulnerability
446446 10 or jeopardize the effectiveness of the measures, policies,
447447 11 or plans, or the safety of the personnel who implement
448448 12 them or the public. Information exempt under this item may
449449 13 include such things as details pertaining to the
450450 14 mobilization or deployment of personnel or equipment, to
451451 15 the operation of communication systems or protocols, to
452452 16 cybersecurity vulnerabilities, or to tactical operations.
453453 17 (w) (Blank).
454454 18 (x) Maps and other records regarding the location or
455455 19 security of generation, transmission, distribution,
456456 20 storage, gathering, treatment, or switching facilities
457457 21 owned by a utility, by a power generator, or by the
458458 22 Illinois Power Agency.
459459 23 (y) Information contained in or related to proposals,
460460 24 bids, or negotiations related to electric power
461461 25 procurement under Section 1-75 of the Illinois Power
462462 26 Agency Act and Section 16-111.5 of the Public Utilities
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473473 1 Act that is determined to be confidential and proprietary
474474 2 by the Illinois Power Agency or by the Illinois Commerce
475475 3 Commission.
476476 4 (z) Information about students exempted from
477477 5 disclosure under Section 10-20.38 or 34-18.29 of the
478478 6 School Code, and information about undergraduate students
479479 7 enrolled at an institution of higher education exempted
480480 8 from disclosure under Section 25 of the Illinois Credit
481481 9 Card Marketing Act of 2009.
482482 10 (aa) Information the disclosure of which is exempted
483483 11 under the Viatical Settlements Act of 2009.
484484 12 (bb) Records and information provided to a mortality
485485 13 review team and records maintained by a mortality review
486486 14 team appointed under the Department of Juvenile Justice
487487 15 Mortality Review Team Act.
488488 16 (cc) Information regarding interments, entombments, or
489489 17 inurnments of human remains that are submitted to the
490490 18 Cemetery Oversight Database under the Cemetery Care Act or
491491 19 the Cemetery Oversight Act, whichever is applicable.
492492 20 (dd) Correspondence and records (i) that may not be
493493 21 disclosed under Section 11-9 of the Illinois Public Aid
494494 22 Code or (ii) that pertain to appeals under Section 11-8 of
495495 23 the Illinois Public Aid Code.
496496 24 (ee) The names, addresses, or other personal
497497 25 information of persons who are minors and are also
498498 26 participants and registrants in programs of park
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509509 1 districts, forest preserve districts, conservation
510510 2 districts, recreation agencies, and special recreation
511511 3 associations.
512512 4 (ff) The names, addresses, or other personal
513513 5 information of participants and registrants in programs of
514514 6 park districts, forest preserve districts, conservation
515515 7 districts, recreation agencies, and special recreation
516516 8 associations where such programs are targeted primarily to
517517 9 minors.
518518 10 (gg) Confidential information described in Section
519519 11 1-100 of the Illinois Independent Tax Tribunal Act of
520520 12 2012.
521521 13 (hh) The report submitted to the State Board of
522522 14 Education by the School Security and Standards Task Force
523523 15 under item (8) of subsection (d) of Section 2-3.160 of the
524524 16 School Code and any information contained in that report.
525525 17 (ii) Records requested by persons committed to or
526526 18 detained by the Department of Human Services under the
527527 19 Sexually Violent Persons Commitment Act or committed to
528528 20 the Department of Corrections under the Sexually Dangerous
529529 21 Persons Act if those materials: (i) are available in the
530530 22 library of the facility where the individual is confined;
531531 23 (ii) include records from staff members' personnel files,
532532 24 staff rosters, or other staffing assignment information;
533533 25 or (iii) are available through an administrative request
534534 26 to the Department of Human Services or the Department of
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545545 1 Corrections.
546546 2 (jj) Confidential information described in Section
547547 3 5-535 of the Civil Administrative Code of Illinois.
548548 4 (kk) The public body's credit card numbers, debit card
549549 5 numbers, bank account numbers, Federal Employer
550550 6 Identification Number, security code numbers, passwords,
551551 7 and similar account information, the disclosure of which
552552 8 could result in identity theft or impression or defrauding
553553 9 of a governmental entity or a person.
554554 10 (ll) Records concerning the work of the threat
555555 11 assessment team of a school district, including, but not
556556 12 limited to, any threat assessment procedure under the
557557 13 School Safety Drill Act and any information contained in
558558 14 the procedure.
559559 15 (mm) Information prohibited from being disclosed under
560560 16 subsections (a) and (b) of Section 15 of the Student
561561 17 Confidential Reporting Act.
562562 18 (nn) Proprietary information submitted to the
563563 19 Environmental Protection Agency under the Drug Take-Back
564564 20 Act.
565565 21 (oo) Records described in subsection (f) of Section
566566 22 3-5-1 of the Unified Code of Corrections.
567567 23 (pp) Any and all information regarding burials,
568568 24 interments, or entombments of human remains as required to
569569 25 be reported to the Department of Natural Resources
570570 26 pursuant either to the Archaeological and Paleontological
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581581 1 Resources Protection Act or the Human Remains Protection
582582 2 Act.
583583 3 (qq) Reports described in subsection (e) of Section
584584 4 16-15 of the Abortion Care Clinical Training Program Act.
585585 5 (rr) Information obtained by a certified local health
586586 6 department under the Access to Public Health Data Act.
587587 7 (ss) For a request directed to a public body that is
588588 8 also a HIPAA-covered entity, all information that is
589589 9 protected health information, including demographic
590590 10 information, that may be contained within or extracted
591591 11 from any record held by the public body in compliance with
592592 12 State and federal medical privacy laws and regulations,
593593 13 including, but not limited to, the Health Insurance
594594 14 Portability and Accountability Act and its regulations, 45
595595 15 CFR Parts 160 and 164. As used in this paragraph,
596596 16 "HIPAA-covered entity" has the meaning given to the term
597597 17 "covered entity" in 45 CFR 160.103 and "protected health
598598 18 information" has the meaning given to that term in 45 CFR
599599 19 160.103.
600600 20 (tt) Proposals or bids submitted by engineering
601601 21 consultants in response to requests for proposal or other
602602 22 competitive bidding requests by the Department of
603603 23 Transportation or the Illinois Toll Highway Authority.
604604 24 (1.5) Any information exempt from disclosure under the
605605 25 Judicial Privacy Act shall be redacted from public records
606606 26 prior to disclosure under this Act.
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617617 1 (2) A public record that is not in the possession of a
618618 2 public body but is in the possession of a party with whom the
619619 3 agency has contracted to perform a governmental function on
620620 4 behalf of the public body, and that directly relates to the
621621 5 governmental function and is not otherwise exempt under this
622622 6 Act, shall be considered a public record of the public body,
623623 7 for purposes of this Act.
624624 8 (3) This Section does not authorize withholding of
625625 9 information or limit the availability of records to the
626626 10 public, except as stated in this Section or otherwise provided
627627 11 in this Act.
628628 12 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
629629 13 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
630630 14 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
631631 15 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
632632 16 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
633633 17 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
634634 18 eff. 7-1-24; 103-865, eff. 1-1-25.)
635635 19 Section 10. The Illinois State Police Act is amended by
636636 20 changing Section 46 as follows:
637637 21 (20 ILCS 2610/46)
638638 22 Sec. 46. Officer Professional Conduct Database; reporting,
639639 23 transparency.
640640 24 (a) The Illinois State Police Merit Board shall be
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651651 1 responsible for reporting all required information contained
652652 2 in the Officer Professional Conduct Database provided in
653653 3 Section 9.2 of the Illinois Police Training Act.
654654 4 (b) Before the Illinois State Police Merit Board certifies
655655 5 any Illinois State Police Cadet the Board shall conduct a
656656 6 search of all Illinois State Police Cadet applicants in the
657657 7 Officer Professional Conduct Database.
658658 8 (c) The Illinois State Police Merit Board shall publish
659659 9 the officer professional conduct database on its website so
660660 10 that it is both searchable and viewable in its entirety by the
661661 11 public and can be downloaded in its entirety as a
662662 12 Comma-Separated Values (CSV) file. The database, documents,
663663 13 materials, or other information in the possession or control
664664 14 of the Board that are obtained by or disclosed to the Board
665665 15 pursuant to this subsection shall be confidential by law and
666666 16 privileged, shall not be subject to subpoena, and shall not be
667667 17 subject to discovery or admissible in evidence in any private
668668 18 civil action. However, the Board is authorized to use such
669669 19 documents, materials, or other information in furtherance of
670670 20 any regulatory or legal action brought as part of the Board's
671671 21 official duties. Unless otherwise required by law, the Board
672672 22 shall not disclose the database or make such documents,
673673 23 materials, or other information public without the prior
674674 24 written consent of the law enforcement agency and the law
675675 25 enforcement officer. The Board nor any person who received
676676 26 documents, materials or other information shared pursuant to
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687687 1 this subsection shall be required to testify in any private
688688 2 civil action concerning the database or any confidential
689689 3 documents, materials, or information subject to this
690690 4 subsection.
691691 5 Nothing in this Section shall exempt a law enforcement
692692 6 agency from which the Board has obtained data, documents,
693693 7 materials, or other information or that has disclosed data,
694694 8 documents, materials, or other information to the Board from
695695 9 disclosing public records in accordance with the Freedom of
696696 10 Information Act.
697697 11 (Source: P.A. 102-694, eff. 1-7-22; 102-813, eff. 5-13-22;
698698 12 103-154, eff. 6-30-23.)
699699 13 Section 15. The Illinois Police Training Act is amended by
700700 14 changing Sections 6.2 and 9.2 as follows:
701701 15 (50 ILCS 705/6.2)
702702 16 Sec. 6.2. Officer professional conduct database. In order
703703 17 to ensure the continuing effectiveness of this Section, it is
704704 18 set forth in full and reenacted by this amendatory Act of the
705705 19 102nd General Assembly. This reenactment is intended as a
706706 20 continuation of this Section. This reenactment is not intended
707707 21 to supersede any amendment to this Section that may be made by
708708 22 any other Public Act of the 102nd General Assembly.
709709 23 (a) All law enforcement agencies shall notify the Board of
710710 24 any final determination of willful violation of department or
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721721 1 agency policy, official misconduct, or violation of law when:
722722 2 (1) the officer is discharged or dismissed as a result
723723 3 of the violation; or
724724 4 (2) the officer resigns during the course of an
725725 5 investigation and after the officer has been served notice
726726 6 that he or she is under investigation that is based on the
727727 7 commission of any felony or sex offense.
728728 8 The agency shall report to the Board within 30 days of a
729729 9 final decision of discharge or dismissal and final exhaustion
730730 10 of any appeal, or resignation, and shall provide information
731731 11 regarding the nature of the violation.
732732 12 (b) Upon receiving notification from a law enforcement
733733 13 agency, the Board must notify the law enforcement officer of
734734 14 the report and his or her right to provide a statement
735735 15 regarding the reported violation.
736736 16 (c) The Board shall maintain a database that is readily
737737 17 available to the public, to any chief administrative officer,
738738 18 or his or her designee, of a law enforcement agency or the
739739 19 chief administrative officer's designee, and or any State's
740740 20 Attorney and that shall show each reported instance, including
741741 21 the name of the officer, the nature of the violation, reason
742742 22 for the final decision of discharge or dismissal, and any
743743 23 statement provided by the officer.
744744 24 (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,
745745 25 Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22.
746746 26 Reenacted and changed by 102-694, eff. 1-7-22.)
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757757 1 (50 ILCS 705/9.2)
758758 2 Sec. 9.2. Officer professional conduct database;
759759 3 transparency.
760760 4 (a) All law enforcement agencies and the Illinois State
761761 5 Police shall notify the Board of any final determination of a
762762 6 willful violation of department, agency, or the Illinois State
763763 7 Police policy, official misconduct, or violation of law within
764764 8 10 days when:
765765 9 (1) the determination leads to a suspension of at
766766 10 least 10 days;
767767 11 (2) any infraction that would trigger an official or
768768 12 formal investigation under a law enforcement agency or the
769769 13 Illinois State Police policy;
770770 14 (3) there is an allegation of misconduct or regarding
771771 15 truthfulness as to a material fact, bias, or integrity; or
772772 16 (4) the officer resigns or retires during the course
773773 17 of an investigation and the officer has been served notice
774774 18 that the officer is under investigation.
775775 19 Agencies and the Illinois State Police may report to the
776776 20 Board any conduct they deem appropriate to disseminate to
777777 21 another law enforcement agency regarding a law enforcement
778778 22 officer.
779779 23 The agency or the Illinois State Police shall report to
780780 24 the Board within 10 days of a final determination and final
781781 25 exhaustion of any administrative appeal, or the law
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792792 1 enforcement officer's resignation or retirement, and shall
793793 2 provide information regarding the nature of the violation.
794794 3 This notification shall not necessarily trigger certification
795795 4 review.
796796 5 A law enforcement agency and the Illinois State Police
797797 6 shall be immune from liability for a disclosure made as
798798 7 described in this subsection, unless the disclosure would
799799 8 constitute intentional misrepresentation or gross negligence.
800800 9 (b) Within 14 days after receiving notification from a law
801801 10 enforcement agency or the Illinois State Police, the Board
802802 11 must notify the law enforcement officer of the report and the
803803 12 officer's right to provide a statement regarding the reported
804804 13 violation. The law enforcement officer shall have 14 days from
805805 14 receiving notice to provide a written objection contesting
806806 15 information included in the agency's report. The objection
807807 16 must be filed with the Board on a form prescribed by the Board
808808 17 and a copy must be served on the law enforcement agency. The
809809 18 objection shall remain in the database with the reported
810810 19 violation.
811811 20 (c) The Board shall maintain a database that is readily
812812 21 available to the public, to any chief administrative officer,
813813 22 or the officer's designee, of a law enforcement agency or the
814814 23 chief administrative officer's designee, and the Illinois
815815 24 State Policeand that shall show for each law enforcement
816816 25 officer: (i) dates of certification, decertification, and
817817 26 inactive status; (ii) each sustained instance of departmental
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828828 1 misconduct that lead to a suspension at least 10 days or any
829829 2 infraction that would trigger an official or formal
830830 3 investigation under the law enforcement agency policy, any
831831 4 allegation of misconduct regarding truthfulness as to a
832832 5 material fact, bias, or integrity, or any other reported
833833 6 violation, the nature of the violation, the reason for the
834834 7 final decision of discharge or dismissal, and any statement
835835 8 provided by the officer; (iii) date of separation from
836836 9 employment from any local or state law enforcement agency;
837837 10 (iv) the reason for separation from employment, including, but
838838 11 not limited to: whether the separation was based on misconduct
839839 12 or occurred while the law enforcement agency was conducting an
840840 13 investigation of the certified individual for a violation of
841841 14 an employing agency's rules, policy or procedure or other
842842 15 misconduct or improper action.
843843 16 (1) This database shall also be accessible to the
844844 17 State's Attorney of any county in this State and the
845845 18 Attorney General for the purpose of complying with
846846 19 obligations under Brady v. Maryland (373 U.S. 83) or
847847 20 Giglio v. United States (405 U.S. 150). This database
848848 21 shall also be accessible to the chief administrative
849849 22 officer of any law enforcement agency for the purposes of
850850 23 hiring law enforcement officers. This database shall not
851851 24 be accessible to anyone not listed in this subsection.
852852 25 (2) Before a law enforcement agency may appoint a law
853853 26 enforcement officer or a person seeking a certification as
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864864 1 a law enforcement officer in this State, the chief
865865 2 administrative officer or designee must check the Officer
866866 3 Professional Conduct Database, contact each person's
867867 4 previous law enforcement employers, and document the
868868 5 contact. This documentation must be available for review
869869 6 by the Board for a minimum of five years after the law
870870 7 enforcement officer's termination, retirement,
871871 8 resignation or separation with that agency.
872872 9 (3) (Blank). The database, documents, materials, or
873873 10 other information in the possession or control of the
874874 11 Board that are obtained by or disclosed to the Board under
875875 12 this subsection shall be confidential by law and
876876 13 privileged, shall not be subject to subpoena, and shall
877877 14 not be subject to discovery or admissible in evidence in
878878 15 any private civil action when sought from the Board.
879879 16 However, the Board is authorized to use such documents,
880880 17 materials, or other information in furtherance of any
881881 18 regulatory or legal action brought as part of the Board's
882882 19 official duties. The Board shall not disclose the database
883883 20 or make such documents, materials, or other information it
884884 21 has obtained or that has been disclosed to it to the
885885 22 public. Neither the Board nor any person who received
886886 23 documents, materials or other information shared under
887887 24 this subsection shall be required to testify in any
888888 25 private civil action concerning the database or any
889889 26 confidential documents, materials, or information subject
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900900 1 to this subsection.
901901 2 (d) The Board shall maintain a searchable database of law
902902 3 enforcement officers accessible to the public that shall
903903 4 include: (i) the law enforcement officer's employing agency;
904904 5 (ii) the date of the officer's initial certification and the
905905 6 officer's current certification status; and (iii) any
906906 7 sustained complaint of misconduct that resulted in
907907 8 decertification and the date thereof; provided, however, that
908908 9 information shall not be included in the database that would
909909 10 allow the public to ascertain the home address of an officer or
910910 11 another person; provided further, that information regarding
911911 12 an officer's or another person's family member shall not be
912912 13 included in the database. The Board shall make the database
913913 14 publicly available on its website.
914914 15 (e) The Board shall maintain a searchable database of all
915915 16 completed investigations against law enforcement officers
916916 17 related to decertification. The database shall identify each
917917 18 law enforcement officer by a confidential and anonymous number
918918 19 and include: (i) the law enforcement officer's employing
919919 20 agency; (ii) the date of the incident referenced in the
920920 21 complaint; (iii) the location of the incident; (iv) the race
921921 22 and ethnicity of each officer involved in the incident; (v)
922922 23 the age, gender, race and ethnicity of each person involved in
923923 24 the incident, if known; (vi) whether a person in the
924924 25 complaint, including a law enforcement officer, was injured,
925925 26 received emergency medical care, was hospitalized or died as a
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936936 1 result of the incident; (vii) the law enforcement agency or
937937 2 other entity assigned to conduct an investigation of the
938938 3 incident; (viii) when the investigation was completed; (ix)
939939 4 whether the complaint was sustained; and (x) the type of
940940 5 misconduct investigated; provided, however, that the Board
941941 6 shall redact or withhold such information as necessary to
942942 7 prevent the disclosure of the identity of an officer. The
943943 8 Board shall make the database publicly available on its
944944 9 website.
945945 10 (e-1) An investigation is complete when the investigation
946946 11 has either been terminated or the decertification action,
947947 12 including the administrative review process, has been
948948 13 completed, whichever is later.
949949 14 (e-2) At any time, a law enforcement officer shall have
950950 15 access to the law enforcement officer's own records on file
951951 16 with the Board, as it pertains to the databases in this
952952 17 Section.
953953 18 (f) Annual report. The Board shall submit an annual report
954954 19 to the Governor, Attorney General, President and Minority
955955 20 Leader of the Senate, and the Speaker and Minority Leader of
956956 21 the House of Representatives on or before March 1, 2023, and
957957 22 every year thereafter indicating:
958958 23 (1) the number of complaints received in the preceding
959959 24 calendar year, including but not limited to the race,
960960 25 gender, and type of discretionary decertification
961961 26 complaints received;
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