HARRY HUGHES, Governor

2959

24 of Article 41 of this Code may ask for an administrative
review of this decision in accordance, with Section 251
through 254 of Article 41 of this Code, however, this remedy
need not be exhausted prior to filing suit in the circuit
court pursuant to this article.

(b) (1) On complaint of any person denied the right to
inspect any record covered by this article, the circuit
court in the jurisdiction in which the complainant resides,
or has his principal place of business, or in which the
records are situated, has jurisdiction to enjoin the State,
any county, municipality, or political subdivision, any
agency, official or employee thereof, from withholding
records and to order the production of any records
improperly withheld from the complainant. In such a case,
the court may examine the contents of the records in camera
to determine whether the records or any part thereof may be
withheld under any of the exemptions set forth in Section 3,
and the burden, is on the defendant to sustain its action.
In carrying this burden the defendant may submit to the
court for review a memorandum justifying the withholding of
the records.

(2)  Notwithstanding any other provision of law,
the defendant shall serve an answer or otherwise plead to
any complaint made under this subsection within 30 days
after service upon the defendant of the pleading in which
the complaint is made, unless the court otherwise directs
for good cause shown.

(3)  Except as to cases the court considers of
greater importance, proceedings before the court, as
authorized by this section, and appeals therefrom shall take
precedence on the docket over all other cases and shall be
heard at the earliest practicable date and expedited in
every way.

(4)  In addition to any other relief which may be
granted to a complainant, in any suit brought under the
provisions of this section in which the court determines
that the defendant has knowingly and wilfully failed to
disclose or fully disclose records and information to any
person who, under this article, is entitled to receive it,
and the defendant knew or should have known that the person
was entitled to receive it, any defendant governmental
entity or entities shall be liable to the complainant in an
amount equal to the sum of the actual damages sustained by
the individual as a result of the refusal or failure and
such punitive damages as the court deems appropriate.

(5)  In the event of noncompliance with an order
of the court, the court may punish the responsible employee
for contempt.