Bill Text: IL SB2133 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Freedom of Information Act. Provides that "private information" includes, but is not limited to, the name and any identifying information of a victim in a sexual assault investigation.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB2133 Detail]

Download: Illinois-2019-SB2133-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2133

Introduced 2/15/2019, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 202

Amends the Freedom of Information Act. Provides that "private information" includes, but is not limited to, the name and any identifying information of a victim in a sexual assault investigation.
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A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 2 as follows:
6 (5 ILCS 140/2) (from Ch. 116, par. 202)
7 Sec. 2. Definitions. As used in this Act:
8 (a) "Public body" means all legislative, executive,
9administrative, or advisory bodies of the State, state
10universities and colleges, counties, townships, cities,
11villages, incorporated towns, school districts and all other
12municipal corporations, boards, bureaus, committees, or
13commissions of this State, any subsidiary bodies of any of the
14foregoing including but not limited to committees and
15subcommittees thereof, and a School Finance Authority created
16under Article 1E of the School Code. "Public body" does not
17include a child death review team or the Illinois Child Death
18Review Teams Executive Council established under the Child
19Death Review Team Act, or a regional youth advisory board or
20the Statewide Youth Advisory Board established under the
21Department of Children and Family Services Statewide Youth
22Advisory Board Act.
23 (b) "Person" means any individual, corporation,

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1partnership, firm, organization or association, acting
2individually or as a group.
3 (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical form
9or characteristics, having been prepared by or for, or having
10been or being used by, received by, in the possession of, or
11under the control of any public body.
12 (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records, home or personal telephone numbers, and
17personal email addresses. "Private information" includes, but
18is not limited to, the name and any identifying information of
19a victim in a sexual assault investigation. Private information
20also includes home address and personal license plates, except
21as otherwise provided by law or when compiled without
22possibility of attribution to any person.
23 (c-10) "Commercial purpose" means the use of any part of a
24public record or records, or information derived from public
25records, in any form for sale, resale, or solicitation or
26advertisement for sales or services. For purposes of this

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1definition, requests made by news media and non-profit,
2scientific, or academic organizations shall not be considered
3to be made for a "commercial purpose" when the principal
4purpose of the request is (i) to access and disseminate
5information concerning news and current or passing events, (ii)
6for articles of opinion or features of interest to the public,
7or (iii) for the purpose of academic, scientific, or public
8research or education.
9 (d) "Copying" means the reproduction of any public record
10by means of any photographic, electronic, mechanical or other
11process, device or means now known or hereafter developed and
12available to the public body.
13 (e) "Head of the public body" means the president, mayor,
14chairman, presiding officer, director, superintendent,
15manager, supervisor or individual otherwise holding primary
16executive and administrative authority for the public body, or
17such person's duly authorized designee.
18 (f) "News media" means a newspaper or other periodical
19issued at regular intervals whether in print or electronic
20format, a news service whether in print or electronic format, a
21radio station, a television station, a television network, a
22community antenna television service, or a person or
23corporation engaged in making news reels or other motion
24picture news for public showing.
25 (g) "Recurrent requester", as used in Section 3.2 of this
26Act, means a person that, in the 12 months immediately

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1preceding the request, has submitted to the same public body
2(i) a minimum of 50 requests for records, (ii) a minimum of 15
3requests for records within a 30-day period, or (iii) a minimum
4of 7 requests for records within a 7-day period. For purposes
5of this definition, requests made by news media and non-profit,
6scientific, or academic organizations shall not be considered
7in calculating the number of requests made in the time periods
8in this definition when the principal purpose of the requests
9is (i) to access and disseminate information concerning news
10and current or passing events, (ii) for articles of opinion or
11features of interest to the public, or (iii) for the purpose of
12academic, scientific, or public research or education.
13 For the purposes of this subsection (g), "request" means a
14written document (or oral request, if the public body chooses
15to honor oral requests) that is submitted to a public body via
16personal delivery, mail, telefax, electronic mail, or other
17means available to the public body and that identifies the
18particular public record the requester seeks. One request may
19identify multiple records to be inspected or copied.
20 (h) "Voluminous request" means a request that: (i) includes
21more than 5 individual requests for more than 5 different
22categories of records or a combination of individual requests
23that total requests for more than 5 different categories of
24records in a period of 20 business days; or (ii) requires the
25compilation of more than 500 letter or legal-sized pages of
26public records unless a single requested record exceeds 500

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1pages. "Single requested record" may include, but is not
2limited to, one report, form, e-mail, letter, memorandum, book,
3map, microfilm, tape, or recording.
4 "Voluminous request" does not include a request made by
5news media and non-profit, scientific, or academic
6organizations if the principal purpose of the request is: (1)
7to access and disseminate information concerning news and
8current or passing events; (2) for articles of opinion or
9features of interest to the public; or (3) for the purpose of
10academic, scientific, or public research or education.
11 For the purposes of this subsection (h), "request" means a
12written document, or oral request, if the public body chooses
13to honor oral requests, that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record or records the requester seeks. One
17request may identify multiple individual records to be
18inspected or copied.
19 (i) "Severance agreement" means a mutual agreement between
20any public body and its employee for the employee's resignation
21in exchange for payment by the public body.
22(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2399-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
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