Bill Text: IL SB1624 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that only particular portions of specified meetings under the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act (rather than all of the specified meetings under those Acts) may be closed to the public. Amends the Freedom of Information Act. Provides that only particular portions (rather than all) of the records and information maintained or provided by certain entities under the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act are exempt from disclosure. Amends the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1624 Detail]

Download: Illinois-2011-SB1624-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1624 Introduced 2/9/2011, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED:
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7 from Ch. 116, par. 207
5 ILCS 140/7.5
210 ILCS 28/30
405 ILCS 82/25
730 ILCS 195/40
Amends the Open Meetings Act. Provides that only particular portions of specified meetings under the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act (rather than all of the specified meetings under those Acts) may be closed to the public. Amends the Freedom of Information Act. Provides that only particular portions (rather than all) of the records and information maintained or provided by certain entities under the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act are exempt from disclosure. Amends the Abuse Prevention Review Team Act, Developmental Disability and Mental Health Safety Act, and Department of Juvenile Justice Mortality Review Team Act to make conforming changes. Effective immediately.
LRB097 05340 JDS 45395 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB1624 LRB097 05340 JDS 45395 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do not
require the holding of a closed meeting to discuss a subject
included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint

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lodged against an employee of the public body or against
legal counsel for the public body to determine its
validity.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the public
body is given power to remove the occupant under law or
ordinance.
(4) Evidence or testimony presented in open hearing, or
in closed hearing where specifically authorized by law, to
a quasi-adjudicative body, as defined in this Act, provided
that the body prepares and makes available for public
inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the purpose
of discussing whether a particular parcel should be
acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.

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(7) The sale or purchase of securities, investments, or
investment contracts.
(8) Security procedures and the use of personnel and
equipment to respond to an actual, a threatened, or a
reasonably potential danger to the safety of employees,
students, staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public body

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is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair housing
practices and creating a commission or administrative
agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals for a hospital, or other institution
providing medical care, that is operated by the public
body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received

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under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes as
mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) That portion of a meeting of either a Meetings of
a residential health care facility resident sexual assault
and death review team or the Executive Council during which
the sexual assault or death of a resident is being
investigated or examined under the Abuse Prevention Review
Team Act.
(25) That portion of a meeting of an independent team
of experts during which the death of a resident is being
investigated or examined under the Developmental

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Disability and Mental Health Safety Act Meetings of an
independent team of experts under Brian's Law.
(26) (25) That portion of a meeting of a mortality
review team during which the death of a youth is being
investigated or examined Meetings of a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(27) (25) Confidential information, when discussed by
one or more members of an elder abuse fatality review team,
designated under Section 15 of the Elder Abuse and Neglect
Act, while participating in a review conducted by that team
of the death of an elderly person in which abuse or neglect
is suspected, alleged, or substantiated; provided that
before the review team holds a closed meeting, or closes an
open meeting, to discuss the confidential information,
each participating review team member seeking to disclose
the confidential information in the closed meeting or
closed portion of the meeting must state on the record
during an open meeting or the open portion of a meeting the
nature of the information to be disclosed and the legal
basis for otherwise holding that information confidential.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.

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"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other information
that will inform the public of the business being conducted.
(Source: P.A. 95-185, eff. 1-1-08; 96-1235, eff. 1-1-11;
96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; revised 9-2-10.)
Section 10. The Freedom of Information Act is amended by
changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.

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(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person

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and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of

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witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records

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of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the
aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.

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Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic

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examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under

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Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including but
not limited to software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or

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agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible

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for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities

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owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team that pertain to the investigation and examination,
appointed under the Department of Juvenile Justice
Mortality Review Team Act, of the death of any youth.
(cc) (bb) Information regarding interments,
entombments, or inurnments of human remains that are
submitted to the Cemetery Oversight Database under the
Cemetery Care Act or the Cemetery Oversight Act, whichever

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is applicable.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07;
95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10;
96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10;
96-736, eff. 7-1-10; 96-863, eff. 3-1-10; 96-1378, eff.
7-29-10; revised 9-2-10.)
(5 ILCS 140/7.5)
Sec. 7.5. Statutory Exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential under
Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library Records

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Confidentiality Act.
(c) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by
the Experimental Organ Transplantation Procedures Board or its
staff relating to applications it has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating 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

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11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of
surcharge moneys collected and remitted by wireless carriers
under the Wireless Emergency Telephone Safety Act.
(k) Law enforcement officer identification information 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 that pertain to the investigation
and examination, under the Abuse Prevention Review Team Act, of
the sexual assault or death of any resident.
(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

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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 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 Accountability and Portability Act of 1996, Public
Law 104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.

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(u) (t) Records and information provided to an independent
team of experts that pertain to the investigation and
examination, under the Developmental Disability and Mental
Health Safety Act, of the death of any resident under Brian's
Law.
(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
96-1331, eff. 7-27-10; revised 9-2-10.)
Section 15. The Abuse Prevention Review Team Act is amended
by changing Section 30 as follows:
(210 ILCS 28/30)
Sec. 30. Public access to information.
(a) Meetings of the review teams and the Executive Council
shall be closed to the public pursuant to paragraph (24) of
subsection (c) of Section 2 of the Open Meetings Act. Meetings
of the review teams and the Executive Council are not subject
to the Open Meetings Act, as provided in that Act.
(b) Records and information provided to a review team and
the Executive Council, and records maintained by a review team
or the Executive Council, are confidential pursuant to
subsection (l) of Section 7.5 of the Freedom of Information Act
and not subject to the Freedom of Information Act, as provided
in that Act. Nothing contained in this subsection (b) prevents
the sharing or disclosure of records, other than those produced
by a review team or the Executive Council, relating or

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pertaining to the sexual assault or death of a resident.
(c) Members of a review team and the Executive Council are
not subject to examination, in any civil or criminal
proceeding, concerning information presented to members of the
review team or the Executive Council or opinions formed by
members of the review team or the Executive Council based on
that information. A person may, however, be examined concerning
information provided to a review team or the Executive Council
that is otherwise available to the public.
(d) Records and information produced by a review team and
the Executive Council (other than records and information that
are produced by a review team and the Executive Council and may
be disclosed under the Freedom of Information Act) are not
subject to discovery or subpoena and are not admissible as
evidence in any civil or criminal proceeding. Those records and
information are, however, subject to discovery or a subpoena,
and are admissible as evidence, to the extent they are
otherwise available to the public.
(Source: P.A. 93-577, eff. 8-21-03.)
Section 20. The Developmental Disability and Mental Health
Safety Act (aka Brian's Law) is amended by changing Section 25
as follows:
(405 ILCS 82/25)
Sec. 25. Public access to and confidentiality of

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information.
(a) Meetings of the independent team of experts shall be
closed to the public pursuant to paragraph (25) of subsection
(c) of Section 2 of the Open Meetings Act.
(b) Records and information provided to the independent
team of experts are confidential pursuant to subsection (u) of
Section 7.5 of the Freedom of Information Act. Nothing
contained in this subsection (b) prevents the sharing or
disclosure of records, other than those produced by the
independent team, relating or pertaining to the death of an
individual.
(c) Members of the independent team of experts are not
subject to examination, in any civil or criminal proceeding,
concerning information presented to members of the team or
opinions formed by members of the team based on that
information. A person may, however, be examined concerning
information provided to the team that is otherwise available to
the public.
(d) Records and information produced by the team (other
than records and information that are produced by the team and
may be disclosed under the Freedom of Information Act) are not
subject to discovery or subpoena and are not admissible as
evidence in any civil or criminal proceeding. Those records and
information are, however, subject to discovery or a subpoena,
and are admissible as evidence to the extent they are otherwise
available to the public.

SB1624 - 25 - LRB097 05340 JDS 45395 b
(Source: P.A. 96-1235, eff. 1-1-11.)
Section 25. The Department of Juvenile Justice Mortality
Review Team Act is amended by changing Section 40 as follows:
(730 ILCS 195/40)
Sec. 40. Public access to information.
(a) Meetings of a mortality review team shall be closed to
the public pursuant to paragraph (26) of subsection (c) of
Section 2 of the Open Meetings Act. . Meetings of the mortality
review teams are not subject to the Open Meetings Act, as
provided in that Act.
(b) Records and information provided to a mortality review
team and records maintained by a team are confidential and not
subject to inspection and copying pursuant to paragraph (bb) of
subsection (l) of Section 7 of the Freedom of Information Act.
under the Freedom of Information Act, as provided in that Act.
(c) Members of a mortality review team are not subject to
examination, in any civil or criminal proceeding, concerning
information presented to members of the team or opinions formed
by members of the team based on that information. A team member
may, however, be examined concerning information provided to
the team that is otherwise available to the public.
(d) Records and information produced by a mortality review
team (other than records and information that are produced by
the team and may be disclosed under the Freedom of Information

SB1624 - 26 - LRB097 05340 JDS 45395 b
Act) are not subject to discovery or subpoena and are not
admissible as evidence in any civil or criminal proceeding.
Those records and information are, however, subject to
discovery or a subpoena, and are admissible as evidence, to the
extent they are otherwise available to the public.
(Source: P.A. 96-1378, eff. 7-29-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.