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91_HB4341
LRB9107778MWpcA
1 AN ACT to amend the Freedom of Information Act by
2 changing Section 11 and adding Sections 11.5 and 11.10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Freedom of Information Act is amended by
6 changing Section 11 and adding Sections 11.5 and 11.10 as
7 follows:
8 (5 ILCS 140/11) (from Ch. 116, par. 211)
9 Sec. 11. (a) Any person denied access to inspect or
10 copy any public record by the head of a public body may file
11 suit for injunctive or declaratory relief.
12 (b) Where the denial is from the head of a public body
13 of the State, suit may be filed in the circuit court for the
14 county where the public body has its principal office or
15 where the person denied access resides.
16 (c) Where the denial is from the head of a municipality
17 or other public body, except as provided in subsection (b) of
18 this Section, suit may be filed in the circuit court for the
19 county where the public body is located.
20 (d) The circuit court shall have the jurisdiction to
21 enjoin the public body from withholding public records and to
22 order the production of any public records improperly
23 withheld from the person seeking access. If the public body
24 can show that exceptional circumstances exist, and that the
25 body is exercising due diligence in responding to the
26 request, the court may retain jurisdiction and allow the
27 agency additional time to complete its review of the records.
28 (e) On motion of the plaintiff, prior to or after in
29 camera inspection, the court shall order the public body to
30 provide an index of the records to which access has been
31 denied. The index shall include the following:
-2- LRB9107778MWpcA
1 (i) A description of the nature or contents of each
2 document withheld, or each deletion from a released document,
3 provided, however, that the public body shall not be required
4 to disclose the information which it asserts is exempt; and
5 (ii) A statement of the exemption or exemptions claimed
6 for each such deletion or withheld document.
7 (f) In any action considered by the court, the court
8 shall consider the matter de novo, and shall conduct such in
9 camera examination of the requested records as it finds
10 appropriate to determine if such records or any part thereof
11 may be withheld under any provision of this Act. The burden
12 shall be on the public body to establish that its refusal to
13 permit public inspection or copying is in accordance with the
14 provisions of this Act.
15 (g) In the event of noncompliance with an order of the
16 court to disclose, the court may enforce its order against
17 any public official or employee so ordered or primarily
18 responsible for such noncompliance through the court's
19 contempt powers.
20 (h) Except as to causes the court considers to be of
21 greater importance, proceedings arising under this Section
22 shall take precedence on the docket over all other causes and
23 be assigned for hearing and trial at the earliest practicable
24 date and expedited in every way.
25 (i) If a person seeking the right to inspect or receive
26 a copy of a public record substantially prevails in a
27 proceeding under this Section, the court may award such
28 person reasonable attorneys' fees if the court finds that the
29 record or records in question were of clearly significant
30 interest to the general public and that the public body
31 lacked any reasonable basis in law for withholding the
32 record.
33 (Source: P.A. 85-1357.)
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1 (5 ILCS 140/11.5 new)
2 Sec. 11.5. Attorney's fees.
3 (a) If a suit is brought against a public body under
4 Section 11 of this Act and the court determines that the
5 public body unlawfully refused to permit a public record to
6 be inspected, examined, or copied, the court shall award the
7 person bringing the suit the reasonable costs of enforcing
8 the Act, including reasonable attorney's fees.
9 (b) If a public body appeals a court order requiring the
10 inspection of records and that order is affirmed, the court
11 shall award the person seeking the record reasonable
12 attorney's fees associated with the appeal.
13 (5 ILCS 140/11.10 new)
14 Sec. 11.10. Penalty. A person who knowingly violates
15 any of the provisions of this Act is guilty of a petty
16 offense.