Public Act 93-0209
SB30 Enrolled LRB093 03751 DRJ 03785 b
AN ACT concerning law enforcement, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of 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. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, 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;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(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;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(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 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 information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
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.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) 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 Section 2.06 of the Open Meetings Act.
(n) 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.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) 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.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) 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 Article VII of the Code of Civil Procedure,
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.
(t) 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.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) 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
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) 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.
(bb) 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.
(cc) 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.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) 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.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, 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.
(jj) 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.
(kk) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(ll) 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.
(2) 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. 91-137, eff. 7-16-99; 91-357, eff. 7-29-99;
91-660, eff. 12-22-99; 92-16, eff. 6-28-01; 92-241, eff.
8-3-01; 92-281, eff. 8-7-01; 92-645, eff. 7-11-02; 92-651,
eff. 7-11-02.)
Section 5. The Department of State Police Law within the
Civil Administrative Code of Illinois is amended by adding
Section 2605-85 as follows:
(20 ILCS 2605/2605-85 new)
Sec. 2605-85. Training; cultural diversity. The
Department shall provide training and continuing education to
State Police officers concerning cultural diversity,
including sensitivity toward racial and ethnic differences.
This training and continuing education shall include, but not
be limited to, an emphasis on the fact that the primary
purpose of enforcement of the Illinois Vehicle Code is safety
and equal and uniform enforcement under the law.
Section 7. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 93rd General Assembly.
Section 10. The Illinois Police Training Act is amended
by changing Section 7 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which
shall include but not be limited to the following:
a. The curriculum for probationary police officers which
shall be offered by all certified schools shall include but
not be limited to courses of arrest, search and seizure,
civil rights, human relations, cultural diversity, including
racial and ethnic sensitivity, criminal law, law of criminal
procedure, vehicle and traffic law including uniform and
non-discriminatory enforcement of the Illinois Vehicle Code,
traffic control and accident investigation, techniques of
obtaining physical evidence, court testimonies, statements,
reports, firearms training, first-aid (including
cardiopulmonary resuscitation), handling of juvenile
offenders, recognition of mental conditions which require
immediate assistance and methods to safeguard and provide
assistance to a person in need of mental treatment, law of
evidence, the hazards of high-speed police vehicle chases
with an emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children. The curriculum for permanent
police officers shall include but not be limited to (1)
refresher and in-service training in any of the courses
listed above in this subparagraph, (2) advanced courses in
any of the subjects listed above in this subparagraph, (3)
training for supervisory personnel, and (4) specialized
training in subjects and fields to be selected by the board.
b. Minimum courses of study, attendance requirements and
equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local law
enforcement officer for a participating local governmental
agency. Those requirements shall include training in first
aid (including cardiopulmonary resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must satisfactorily
complete before being eligible for permanent employment as a
county corrections officer for a participating local
governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as a
court security officer for a participating local governmental
agency. The Board shall establish those training
requirements which it considers appropriate for court
security officers and shall certify schools to conduct that
training.
A person hired to serve as a court security officer must
obtain from the Board a certificate (i) attesting to his or
her successful completion of the training course; (ii)
attesting to his or her satisfactory completion of a training
program of similar content and number of hours that has been
found acceptable by the Board under the provisions of this
Act; or (iii) attesting to the Board's determination that the
training course is unnecessary because of the person's
extensive prior law enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of the effective date of this
amendatory Act of 1996. Failure to be so certified, absent a
waiver from the Board, shall cause the officer to forfeit his
or her position.
All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire,
unless a waiver has been obtained by the Board, or they shall
forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet
the eligibility requirements established under this Act.
Either the Sheriff's Merit Commission, or the Sheriff's
Office if no Sheriff's Merit Commission exists, shall
establish a schedule of reasonable intervals for verification
of the applicants' qualifications under this Act and as
established by the Board.
(Source: P.A. 88-661, eff. 1-1-95; 89-685, eff. 6-1-97;
89-707, eff. 6-1-97.)
Section 15. The Illinois Vehicle Code is amended by
adding Section 11-212 as follows:
(625 ILCS 5/11-212 new)
Sec. 11-212. Traffic stop statistical study.
(a) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: Caucasian, African-American, Hispanic,
Native American/Alaska Native, or Asian/Pacific Islander;
(2) the alleged traffic violation that led to the
stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means; and
(7) the name and badge number of the issuing
officer.
(b) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle
Code and does not issue a uniform traffic citation or warning
citation for an alleged violation of the Illinois Vehicle
Code, he or she shall complete a uniform stop card, which
includes field contact cards, or any other existing form
currently used by law enforcement containing information
required pursuant to this Act, that records at least the
following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: Caucasian, African-American, Hispanic,
Native American/Alaska Native, or Asian/Pacific Islander;
(2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means; and
(7) the name and badge number of the issuing
officer.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form
on its website.
(d) Every law enforcement agency shall, by March 1 in
each of the years 2004, 2005, 2006, and 2007, compile the
data described in subsections (a) and (b) on the standardized
law enforcement data compilation form provided by the
Illinois Department of Transportation and transmit the data
to the Department.
(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies
required by this Section and submit a report of the findings
to the Governor, the General Assembly, and each law
enforcement agency no later than July 1 in each of the years
2005, 2006, 2007, and 2008. The Illinois Department of
Transportation may contract with an outside entity for the
analysis of the data provided. In analyzing the data
collected under this Section, the analyzing entity shall
scrutinize the data for evidence of statistically significant
aberrations. The following list, which is illustrative, and
not exclusive, contains examples of areas in which
statistically significant aberrations may be found:
(1) The percentage of minority drivers or
passengers being stopped in a given area is substantially
higher than the proportion of the overall population in
or traveling through the area that the minority
constitutes.
(2) A substantial number of false stops including
stops not resulting in the issuance of a traffic ticket
or the making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers or passengers being stopped in a given area.
(5) A disparity between the frequency of searches
performed on minority drivers and the frequency of
searches performed on non-minority drivers.
(f) Any law enforcement officer identification
information or driver identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and
copying, as provided under Section 7 of the Freedom of
Information Act, and the information shall not be transmitted
to anyone except as needed to comply with this Section. This
Section shall not exempt those materials that, prior to the
effective date of this amendatory Act of the 93rd General
Assembly, were available under the Freedom of Information
Act.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as
directed by the Governor.
(h) The Illinois Department of Transportation, in
consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Department of State Police, the Illinois Sheriffs
Association, and the Chicago Police Department, and community
groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and
analyze the traffic stop statistical study data required by
this Section. The Department shall report its findings and
recommendations to the Governor and the General Assembly by
March 1, 2004.
Section 99. Effective date. This Act takes effect upon
becoming law.