Sen. Kwame Raoul

Filed: 4/24/2013

09800SB1006sam002LRB098 05269 RLC 45049 a
1
AMENDMENT TO SENATE BILL 1006
2 AMENDMENT NO. ______. Amend Senate Bill 1006, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, on page 1, line 4, by replacing "Section 5. The Illinois
5Criminal Justice Information Act" with the following:
6 "Section 2. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
8 (5 ILCS 140/7.5)
9 Sec. 7.5. Statutory Exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12 (a) All information determined to be confidential under
13Section 4002 of the Technology Advancement and Development Act.
14 (b) Library circulation and order records identifying
15library users with specific materials under the Library Records
16Confidentiality Act.

09800SB1006sam002- 2 -LRB098 05269 RLC 45049 a
1 (c) Applications, related documents, and medical records
2received by the Experimental Organ Transplantation Procedures
3Board and any and all documents or other records prepared by
4the Experimental Organ Transplantation Procedures Board or its
5staff relating to applications it has received.
6 (d) Information and records held by the Department of
7Public Health and its authorized representatives relating to
8known or suspected cases of sexually transmissible disease or
9any information the disclosure of which is restricted under the
10Illinois Sexually Transmissible Disease Control Act.
11 (e) Information the disclosure of which is exempted under
12Section 30 of the Radon Industry Licensing Act.
13 (f) Firm performance evaluations under Section 55 of the
14Architectural, Engineering, and Land Surveying Qualifications
15Based Selection Act.
16 (g) Information the disclosure of which is restricted and
17exempted under Section 50 of the Illinois Prepaid Tuition Act.
18 (h) Information the disclosure of which is exempted under
19the State Officials and Employees Ethics Act, and records of
20any lawfully created State or local inspector general's office
21that would be exempt if created or obtained by an Executive
22Inspector General's office under that Act.
23 (i) Information contained in a local emergency energy plan
24submitted to a municipality in accordance with a local
25emergency energy plan ordinance that is adopted under Section
2611-21.5-5 of the Illinois Municipal Code.

09800SB1006sam002- 3 -LRB098 05269 RLC 45049 a
1 (j) Information and data concerning the distribution of
2surcharge moneys collected and remitted by wireless carriers
3under the Wireless Emergency Telephone Safety Act.
4 (k) Law enforcement officer identification information or
5driver identification information compiled by a law
6enforcement agency or the Department of Transportation under
7Section 11-212 of the Illinois Vehicle Code.
8 (l) Records and information provided to a residential
9health care facility resident sexual assault and death review
10team or the Executive Council under the Abuse Prevention Review
11Team Act.
12 (m) Information provided to the predatory lending database
13created pursuant to Article 3 of the Residential Real Property
14Disclosure Act, except to the extent authorized under that
15Article.
16 (n) Defense budgets and petitions for certification of
17compensation and expenses for court appointed trial counsel as
18provided under Sections 10 and 15 of the Capital Crimes
19Litigation Act. This subsection (n) shall apply until the
20conclusion of the trial of the case, even if the prosecution
21chooses not to pursue the death penalty prior to trial or
22sentencing.
23 (o) Information that is prohibited from being disclosed
24under Section 4 of the Illinois Health and Hazardous Substances
25Registry Act.
26 (p) Security portions of system safety program plans,

09800SB1006sam002- 4 -LRB098 05269 RLC 45049 a
1investigation reports, surveys, schedules, lists, data, or
2information compiled, collected, or prepared by or for the
3Regional Transportation Authority under Section 2.11 of the
4Regional Transportation Authority Act or the St. Clair County
5Transit District under the Bi-State Transit Safety Act.
6 (q) Information prohibited from being disclosed by the
7Personnel Records Review Act.
8 (r) Information prohibited from being disclosed by the
9Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted under
11Section 5-108 of the Public Utilities Act.
12 (t) All identified or deidentified health information in
13the form of health data or medical records contained in, stored
14in, submitted to, transferred by, or released from the Illinois
15Health Information Exchange, and identified or deidentified
16health information in the form of health data and medical
17records of the Illinois Health Information Exchange in the
18possession of the Illinois Health Information Exchange
19Authority due to its administration of the Illinois Health
20Information Exchange. The terms "identified" and
21"deidentified" shall be given the same meaning as in the Health
22Insurance Accountability and Portability Act of 1996, Public
23Law 104-191, or any subsequent amendments thereto, and any
24regulations promulgated thereunder.
25 (u) Records and information provided to an independent team
26of experts under Brian's Law.

09800SB1006sam002- 5 -LRB098 05269 RLC 45049 a
1 (v) Names and information of people who have applied for or
2received Firearm Owner's Identification Cards under the
3Firearm Owners Identification Card Act.
4 (w) Personally identifiable information which is exempted
5from disclosure under subsection (g) of Section 19.1 of the
6Toll Highway Act.
7 (x) Information which is exempted from disclosure under
8Section 5-1014.3 of the Counties Code or Section 8-11-21 of the
9Illinois Municipal Code.
10 (y) Any and all abstract data and information collected
11under Section 7.7 of the Illinois Criminal Justice Information
12Act.
13(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
1496-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
158-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976,
16eff. 1-1-13.)
17 Section 5. The Illinois Criminal Justice Information Act";
18and
19on page 1, line 13, by replacing "information on" with
20"abstract data of the numbers of investigations and types of
21crimes captured during"; and
22on page 2, lines 1, 4, 9, and 10 by replacing "information"
23wherever it appears with "abstract data"; and

09800SB1006sam002- 6 -LRB098 05269 RLC 45049 a
1on page 2, line 6, by inserting ", which shall be shared only
2with other government agencies", after "State"; and
3on page 3, line 22, by inserting "felony", after "regarding";
4and
5on page 5, line 15, by replacing "an" with "a felony"; and
6on page 24, line 18, by inserting "felony", after "regarding";
7and
8on page 26, line 10, by replacing "an" with "a felony".