IL SB1216

Public bodies asserting records are exempt from disclosure must prove by clear and convincing evidence that release would harm an interest protected by the exemption.

Removes the requirement that courts find willful, intentional failure or bad faith before imposing civil penalties; instead courts must consider bad faith and delay as aggravating or mitigating factors when assessing penalties.

Courts must (rather than may) impose an additional penalty of up to $1,000 per day for violations continuing after 30 days if the court order is not on appeal and no additional time was granted to comply.

Establishes a presumption that all records in public body custody are open to inspection or copying unless exemption is proven.