FOIA LAW IN ILLINOIS

(5 ILCS 140/11)  (from Ch. 116, par. 211)

Sec. 11. (a) Any person denied access to inspect or copy

any public record by the head of a public body may file suit

for injunctive or declaratory relief.

(b) Where the denial is from the head of a public body of

the State, suit may be filed in the circuit court for the

county where the public body has its principal office or where

the person denied access resides.

(c) Where the denial is from the head of a municipality or

other public body, except as provided in subsection (b) of this

Section, suit may be filed in the circuit court for the county

where the public body is located.

(d) The circuit court shall have the jurisdiction to enjoin

the public body from withholding public records and to order

the production of any public records improperly withheld from

the person seeking access. If the public body can show that

exceptional circumstances exist, and that the body is

exercising due diligence in responding to the request, the

court may retain jurisdiction and allow the agency additional

time to complete its review of the records.

(e) On motion of the plaintiff, prior to or after in camera

inspection, the court shall order the public body to provide an

index of the records to which access has been denied. The index

shall include the following:

(i) A description of the nature or contents of each

document withheld, or each deletion from a released

document, provided, however, that the public body shall not

be required to disclose the information which it asserts is

exempt; and

(ii) A statement of the exemption or exemptions claimed

for each such deletion or withheld document.

(f) In any action considered by the court, the court shall

consider the matter de novo, and shall conduct such in camera

examination of the requested records as it finds appropriate to

determine if such records or any part thereof may be withheld

under any provision of this Act. The burden shall be on the

public body to establish that its refusal to permit public

inspection or copying is in accordance with the provisions of

this Act. Any public body that asserts that a record is exempt

from disclosure has the burden of proving that it is exempt by

clear and convincing evidence.

(g) In the event of noncompliance with an order of the

court to disclose, the court may enforce its order against any

public official or employee so ordered or primarily responsible

for such noncompliance through the court's contempt powers.

(h) Except as to causes the court considers to be of

greater importance, proceedings arising under this Section

shall take precedence on the docket over all other causes and

be assigned for hearing and trial at the earliest practicable

date and expedited in every way.

(i) If a person seeking the right to inspect or receive a

copy of a public record substantially prevails in a proceeding

under this Section, the court shall may award such person

reasonable attorneys' fees and costs. In determining what

amount of attorney's fees is reasonable, the court shall

consider the degree to which the relief obtained relates to the

relief sought. The changes contained in this subsection apply

to an action filed on or after the effective date of this

amendatory Act of the 96th General Assembly. If, however, the

court finds that the fundamental purpose of the request was to

further the commercial interests of the requestor, the court

may award reasonable attorneys' fees and costs if the court

finds that the record or records in question were of clearly

significant interest to the general public and that the public

body lacked any reasonable basis in law for withholding the

record.

(j) If the court determines that a public body willfully

and intentionally failed to comply with this Act, or otherwise

acted in bad faith, the court shall also impose upon the public

body a civil penalty of not less that $2,500 nor more than

$5,000 for each occurrence. In assessing the civil penalty, the

court shall consider in aggravation or mitigation the budget of

the public body and whether the public body has previously been

assessed penalties for violations of this Act. The changes

contained in this subsection apply to an action filed on or

after the effective date of this amendatory Act of the 96th

General Assembly.

(Source: P.A. 93-466, eff. 1-1-04.)

(5 ILCS 140/11.5 new)

Sec. 11.5. Administrative review. A binding opinion issued

by the Attorney General shall be considered a final decision of

an administrative agency, for purposes of administrative

review under the Administrative Review Law (735 ILCS 5/Art.

III). An action for administrative review of a binding opinion

of the Attorney General shall be commenced in Cook or Sangamon

County. An advisory opinion issued to a public body shall not

be considered a final decision of the Attorney General for

purposes of this Section.