(A) Any person denied access to inspect or copy any public record by the county may file suit for injunctive or declaratory relief.
(B) Where the denial is from a county, suit may be filed in the circuit court for the county where the county is located.
(C) The circuit court shall have the jurisdiction to enjoin the county from withholding public records and to order the production of any public records improperly withheld from the person seeking access. If the county can show that exceptional circumstances exist, and that the county 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.
(D) On motion of the plaintiff, prior to or after in camera inspection, the court shall order the county to provide an index of the records to which access has been denied. The index shall include the following:
(1) A description of the nature or contents of each document withheld, or each deletion from a released document, provided, however, that the county shall not be required to disclose the information which it asserts is exempt; and
(2) A statement of the exemption or exemptions claimed for each such deletion or withheld document.
(E) 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 the records or any part thereof may be withheld under any provision of this chapter. The burden shall be on the county to establish that its refusal to permit public inspection or copying is in accordance with the provisions of this chapter. If the county asserts that a record is exempt from disclosure has the burden of proving that it is exempt by clear and convincing evidence.
(F) 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 the noncompliance through the court's contempt powers.
(G) 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.
(H) If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this section, the court shall award that 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 division apply to an action filed on or after the effective date of the amendatory Act of the 96th General Assembly codified herein.
(I) If the court determines that the county willfully and intentionally failed to comply with this chapter, or otherwise acted in bad faith, the court shall also impose upon the county a civil penalty of not less than $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 county and whether the county 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.
(ILCS Ch. 5, Act 140, § 11)