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to known or suspected cases of sexually transmissible |
disease or any information the disclosure of which is |
restricted under the Illinois Sexually Transmissible |
Disease Control Act. |
(e) Information the disclosure of which is exempted |
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of |
the Architectural, Engineering, and Land Surveying |
Qualifications Based Selection Act. |
(g) Information the disclosure of which is restricted |
and exempted under Section 50 of the Illinois Prepaid |
Tuition Act. |
(h) Information the disclosure of which is exempted |
under the State Officials and Employees Ethics Act, and |
records of any lawfully created State or local inspector |
general's office that would be exempt if created or |
obtained by an Executive Inspector General's office under |
that Act. |
(i) Information contained in a local emergency energy |
plan submitted to a municipality in accordance with a local |
emergency energy plan ordinance that is adopted under |
Section 11-21.5-5 of the Illinois Municipal Code. |
(j) Information and data concerning the distribution |
of surcharge moneys collected and remitted by carriers |
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information |
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or driver identification information compiled by a law |
enforcement agency or the Department of Transportation |
under Section 11-212 of the Illinois Vehicle Code. |
(l) Records and information provided to a residential |
health care facility resident sexual assault and death |
review team or the Executive Council under the Abuse |
Prevention Review Team Act. |
(m) Information provided to the predatory lending |
database created pursuant to Article 3 of the Residential |
Real Property Disclosure Act, except to the extent |
authorized under that Article. |
(n) Defense budgets and petitions for certification of |
compensation and expenses for court appointed trial |
counsel as provided under Sections 10 and 15 of the Capital |
Crimes Litigation Act. This subsection (n) shall apply |
until the conclusion of the trial of the case, even if the |
prosecution chooses not to pursue the death penalty prior |
to trial or sentencing. |
(o) Information that is prohibited from being |
disclosed under Section 4 of the Illinois Health and |
Hazardous Substances Registry Act. |
(p) Security portions of system safety program plans, |
investigation reports, surveys, schedules, lists, data, or |
information compiled, collected, or prepared by or for the |
Regional Transportation Authority under Section 2.11 of |
the Regional Transportation Authority Act or the St. Clair |
|
County Transit District under the Bi-State Transit Safety |
Act. |
(q) Information prohibited from being disclosed by the |
Personnel Record Records Review Act. |
(r) Information prohibited from being disclosed by the |
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted |
under Section 5-108 of the Public Utilities Act.
|
(t) All identified or deidentified health information |
in the form of health data or medical records contained in, |
stored in, submitted to, transferred by, or released from |
the Illinois Health Information Exchange, and identified |
or deidentified health information in the form of health |
data and medical records of the Illinois Health Information |
Exchange in the possession of the Illinois Health |
Information Exchange Authority due to its administration |
of the Illinois Health Information Exchange. The terms |
"identified" and "deidentified" shall be given the same |
meaning as in the Health Insurance Portability and |
Accountability Act of 1996, Public Law 104-191, or any |
subsequent amendments thereto, and any regulations |
promulgated thereunder. |
(u) Records and information provided to an independent |
team of experts under the Developmental Disability and |
Mental Health Safety Act (also known as Brian's Law). |
(v) Names and information of people who have applied |
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for or received Firearm Owner's Identification Cards under |
the Firearm Owners Identification Card Act or applied for |
or received a concealed carry license under the Firearm |
Concealed Carry Act, unless otherwise authorized by the |
Firearm Concealed Carry Act; and databases under the |
Firearm Concealed Carry Act, records of the Concealed Carry |
Licensing Review Board under the Firearm Concealed Carry |
Act, and law enforcement agency objections under the |
Firearm Concealed Carry Act. |
(w) Personally identifiable information which is |
exempted from disclosure under subsection (g) of Section |
19.1 of the Toll Highway Act. |
(x) Information which is exempted from disclosure |
under Section 5-1014.3 of the Counties Code or Section |
8-11-21 of the Illinois Municipal Code. |
(y) Confidential information under the Adult |
Protective Services Act and its predecessor enabling |
statute, the Elder Abuse and Neglect Act, including |
information about the identity and administrative finding |
against any caregiver of a verified and substantiated |
decision of abuse, neglect, or financial exploitation of an |
eligible adult maintained in the Registry established |
under Section 7.5 of the Adult Protective Services Act. |
(z) Records and information provided to a fatality |
review team or the Illinois Fatality Review Team Advisory |
Council under Section 15 of the Adult Protective Services |
|
Act. |
(aa) Information which is exempted from disclosure |
under Section 2.37 of the Wildlife Code. |
(bb) Information which is or was prohibited from |
disclosure by the Juvenile Court Act of 1987. |
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. |
(dd) Information that is prohibited from being |
disclosed under Section 45 of the Condominium and Common |
Interest Community Ombudsperson Act. |
(ee) Information that is exempted from disclosure |
under Section 30.1 of the Pharmacy Practice Act. |
(ff) Information that is exempted from disclosure |
under the Revised Uniform Unclaimed Property Act. |
(gg) Information that is prohibited from being |
disclosed under Section 7-603.5 of the Illinois Vehicle |
Code. |
(hh) Records that are exempt from disclosure under |
Section 1A-16.7 of the Election Code. |
(ii) Information which is exempted from disclosure |
under Section 2505-800 of the Department of Revenue Law of |
the Civil Administrative Code of Illinois. |
(jj) Information and reports that are required to be |
submitted to the Department of Labor by registering day and |
temporary labor service agencies but are exempt from |
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disclosure under subsection (a-1) of Section 45 of the Day |
and Temporary Labor Services Act. |
(kk) Information prohibited from disclosure under the |
Seizure and Forfeiture Reporting Act. |
(ll) Information the disclosure of which is restricted |
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. |
(mm) (ll) Records that are exempt from disclosure under |
Section 4.2 of the Crime Victims Compensation Act. |
(nn) (ll) Information that is exempt from disclosure |
under Section 70 of the Higher Education Student Assistance |
Act. |
(oo) Recordings made under the Children's Advocacy |
Center Act, except to the extent authorized under that Act. |
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised |
10-12-18.)
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Section 10. The Children's Advocacy Center Act is amended |
by changing Section 2.5 and by adding Section 4.5 as follows:
|
|
(55 ILCS 80/2.5) |
Sec. 2.5. Definitions. As used in this Section: |
"Accreditation" means the process in which certification |
of competency, authority, or credibility is presented by |
standards set by the National Children's Alliance to ensure |
effective, efficient and consistent delivery of services by a |
CAC. |
"Child maltreatment" includes any act or occurrence, as |
defined in Section 5 of the Criminal Code of 2012, under the |
Children and Family Services Act or the Juvenile Court Act of |
1987 involving either a child victim or child witness. |
"Children's Advocacy Center" or "CAC" is a child-focused, |
trauma-informed, facility-based program in which |
representatives from law enforcement, child protection, |
prosecution, mental health, forensic interviewing, medical, |
and victim advocacy disciplines collaborate to interview |
children, meet with a child's parent or parents, caregivers, |
and family members, and make team decisions about the |
investigation, prosecution, safety, treatment, and support |
services for child maltreatment cases. |
"Children's Advocacy Centers of Illinois" or "CACI" is a |
state chapter of the National Children's Alliance ("NCA") and |
organizing entity for Children's Advocacy Centers in the State |
of Illinois. It defines membership and engages member CACs in |
the NCA accreditation process and collecting and sharing of |
data, and provides training, leadership, and technical |
|
assistance to existing and emerging CACs in the State. |
"Electronic recording" includes a motion picture, |
audiotape, videotape, or digital recording. |
"Forensic interview" means an interview between a trained |
forensic interviewer, as defined by NCA standards, and a child |
in which the interviewer obtains information from children in |
an unbiased and fact finding manner that is developmentally |
appropriate and culturally sensitive to support accurate and |
fair decision making by the multidisciplinary team in the |
criminal justice and child protection systems. Whenever |
practical, all parties involved in investigating reports of |
child maltreatment shall observe the interview, which shall be |
electronically digitally recorded. |
"Forensic interview transcription" means a verbatim |
transcript of a forensic interview for the purpose of |
translating the interview into another language. |
"Multidisciplinary team" or "MDT" means a group of |
professionals working collaboratively under a written |
protocol, who represent various disciplines from the point of a |
report of child maltreatment to assure the most effective |
coordinated response possible for every child. Employees from |
each participating entity shall be included on the MDT. A CAC's |
MDT must include professionals involved in the coordination, |
investigation, and prosecution of child abuse cases, including |
the CAC's staff, participating law enforcement agencies, the |
county state's attorney, and the Illinois Department of |
|
Children and Family Services, and must include professionals |
involved in the delivery of services to victims of child |
maltreatment and non-offending parent or parents, caregiver, |
and their families. |
"National Children's Alliance" or "NCA" means the |
professional membership organization dedicated to helping |
local communities respond to allegations of child abuse in an |
effective and efficient manner. NCA provides training, |
support, technical assistance and leadership on a national |
level to state and local CACs and communities responding to |
reports of child maltreatment. NCA is the national organization |
that provides the standards for CAC accreditation. |
"Protocol" means a written methodology defining the |
responsibilities of each of the MDT members in the |
investigation and prosecution of child maltreatment within a |
defined jurisdiction. Written protocols are signed documents |
and are reviewed and/or updated annually, at a minimum, by a |
CAC's Advisory Board.
|
(Source: P.A. 98-809, eff. 1-1-15; revised 9-28-18.)
|
(55 ILCS 80/4.5 new) |
Sec. 4.5. Forensic interviews; electronic recordings. |
(a) Consent is not required for a forensic interview to be |
electronically recorded. Failure to record does not render a |
forensic interview inadmissible. |
(b) A forensic interview, an electronic recording, or a |
|
forensic interview transcription or electronic recording is |
confidential and exempt from public inspection and copying |
under Section 7.5 of the Freedom of Information Act and may |
only be viewed by a court, attorneys, investigators, or experts |
for the purpose of judicial and administrative hearings and |
shall not be disseminated except pursuant to a court's |
protective order. |
(c) Nothing in this Act shall be construed to limit or |
prohibit electronically recorded forensic interviewing in |
accordance with Article 14 of the Criminal Code of 2012 or |
Article 108A or Article 108B of the Code of Criminal Procedure |
of 1963.
|
Section 99. Effective date. This Act takes effect January |
1, 2020.
|
