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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2421

Introduced 2/4/2025, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7

Amends the Freedom of Information Act. Exempts from inspection and
copying a law enforcement record created for law enforcement purposes and
contained in a shared electronic record management system if the law
enforcement agency or criminal justice agency (rather than only the law
enforcement agency) that is the recipient of the request did not create the
record, did not participate in or have a role in any of the events which
are the subject of the record, and only has access to the record through
the shared electronic record management system.
LRB104 11993 BDA 22088 b

A BILL FOR

HB2421
LRB104 11993 BDA 22088 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Freedom of Information Act is amended by
5
changing Section 7 as follows:

6

(5 ILCS 140/7)
7

Sec. 7.
Exemptions.
8

(1) When a request is made to inspect or copy a public
9
record that contains information that is exempt from
10
disclosure under this Section, but also contains information
11
that is not exempt from disclosure, the public body may elect
12
to redact the information that is exempt. The public body
13
shall make the remaining information available for inspection
14
and copying. Subject to this requirement, the following shall
15
be exempt from inspection and copying:
16

(a) Information specifically prohibited from
17

disclosure by federal or State law or rules and
18

regulations implementing federal or State law.
19

(b) Private information, unless disclosure is required
20

by another provision of this Act, a State or federal law,
21

or a court order.
22

(b-5) Files, documents, and other data or databases
23

maintained by one or more law enforcement agencies and

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LRB104 11993 BDA 22088 b
1

specifically designed to provide information to one or
2

more law enforcement agencies regarding the physical or
3

mental status of one or more individual subjects.
4

(c) Personal information contained within public
5

records, the disclosure of which would constitute a
6

clearly unwarranted invasion of personal privacy, unless
7

the disclosure is consented to in writing by the
8

individual subjects of the information. "Unwarranted
9

invasion of personal privacy" means the disclosure of
10

information that is highly personal or objectionable to a
11

reasonable person and in which the subject's right to
12

privacy outweighs any legitimate public interest in
13

obtaining the information. The disclosure of information
14

that bears on the public duties of public employees and
15

officials shall not be considered an invasion of personal
16

privacy.
17

(d) Records in the possession of any public body
18

created in the course of administrative enforcement
19

proceedings, and any law enforcement or correctional
20

agency for law enforcement purposes, but only to the
21

extent that disclosure would:
22

(i) interfere with pending or actually and
23

reasonably contemplated law enforcement proceedings
24

conducted by any law enforcement or correctional
25

agency that is the recipient of the request;
26

(ii) interfere with active administrative

HB2421
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LRB104 11993 BDA 22088 b
1

enforcement proceedings conducted by the public body
2

that is the recipient of the request;
3

(iii) create a substantial likelihood that a
4

person will be deprived of a fair trial or an impartial
5

hearing;
6

(iv) unavoidably disclose the identity of a
7

confidential source, confidential information
8

furnished only by the confidential source, or persons
9

who file complaints with or provide information to
10

administrative, investigative, law enforcement, or
11

penal agencies; except that the identities of
12

witnesses to traffic crashes, traffic crash reports,
13

and rescue reports shall be provided by agencies of
14

local government, except when disclosure would
15

interfere with an active criminal investigation
16

conducted by the agency that is the recipient of the
17

request;
18

(v) disclose unique or specialized investigative
19

techniques other than those generally used and known
20

or disclose internal documents of correctional
21

agencies related to detection, observation, or
22

investigation of incidents of crime or misconduct, and
23

disclosure would result in demonstrable harm to the
24

agency or public body that is the recipient of the
25

request;
26

(vi) endanger the life or physical safety of law

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LRB104 11993 BDA 22088 b
1

enforcement personnel or any other person; or
2

(vii) obstruct an ongoing criminal investigation
3

by the agency that is the recipient of the request.
4

(d-5) A law enforcement record created for law
5

enforcement purposes and contained in a shared electronic
6

record management system if the law enforcement agency
or
7

criminal justice agency
that is the recipient of the
8

request did not create the record, did not participate in
9

or have a role in any of the events which are the subject
10

of the record, and only has access to the record through
11

the shared electronic record management system.
12

(d-6) Records contained in the Officer Professional
13

Conduct Database under Section 9.2 of the Illinois Police
14

Training Act, except to the extent authorized under that
15

Section. This includes the documents supplied to the
16

Illinois Law Enforcement Training Standards Board from the
17

Illinois State Police and Illinois State Police Merit
18

Board.
19

(d-7) Information gathered or records created from the
20

use of automatic license plate readers in connection with
21

Section 2-130 of the Illinois Vehicle Code.
22

(e) Records that relate to or affect the security of
23

correctional institutions and detention facilities.
24

(e-5) Records requested by persons committed to the
25

Department of Corrections, Department of Human Services
26

Division of Mental Health, or a county jail if those

HB2421
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LRB104 11993 BDA 22088 b
1

materials are available in the library of the correctional
2

institution or facility or jail where the inmate is
3

confined.
4

(e-6) Records requested by persons committed to the
5

Department of Corrections, Department of Human Services
6

Division of Mental Health, or a county jail if those
7

materials include records from staff members' personnel
8

files, staff rosters, or other staffing assignment
9

information.
10

(e-7) Records requested by persons committed to the
11

Department of Corrections or Department of Human Services
12

Division of Mental Health if those materials are available
13

through an administrative request to the Department of
14

Corrections or Department of Human Services Division of
15

Mental Health.
16

(e-8) Records requested by a person committed to the
17

Department of Corrections, Department of Human Services
18

Division of Mental Health, or a county jail, the
19

disclosure of which would result in the risk of harm to any
20

person or the risk of an escape from a jail or correctional
21

institution or facility.
22

(e-9) Records requested by a person in a county jail
23

or committed to the Department of Corrections or
24

Department of Human Services Division of Mental Health,
25

containing personal information pertaining to the person's
26

victim or the victim's family, including, but not limited

HB2421
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LRB104 11993 BDA 22088 b
1

to, a victim's home address, home telephone number, work
2

or school address, work telephone number, social security
3

number, or any other identifying information, except as
4

may be relevant to a requester's current or potential case
5

or claim.
6

(e-10) Law enforcement records of other persons
7

requested by a person committed to the Department of
8

Corrections, Department of Human Services Division of
9

Mental Health, or a county jail, including, but not
10

limited to, arrest and booking records, mug shots, and
11

crime scene photographs, except as these records may be
12

relevant to the requester's current or potential case or
13

claim.
14

(f) Preliminary drafts, notes, recommendations,
15

memoranda, and other records in which opinions are
16

expressed, or policies or actions are formulated, except
17

that a specific record or relevant portion of a record
18

shall not be exempt when the record is publicly cited and
19

identified by the head of the public body. The exemption
20

provided in this paragraph (f) extends to all those
21

records of officers and agencies of the General Assembly
22

that pertain to the preparation of legislative documents.
23

(g) Trade secrets and commercial or financial
24

information obtained from a person or business where the
25

trade secrets or commercial or financial information are
26

furnished under a claim that they are proprietary,

HB2421
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LRB104 11993 BDA 22088 b
1

privileged, or confidential, and that disclosure of the
2

trade secrets or commercial or financial information would
3

cause competitive harm to the person or business, and only
4

insofar as the claim directly applies to the records
5

requested.
6

The information included under this exemption includes
7

all trade secrets and commercial or financial information
8

obtained by a public body, including a public pension
9

fund, from a private equity fund or a privately held
10

company within the investment portfolio of a private
11

equity fund as a result of either investing or evaluating
12

a potential investment of public funds in a private equity
13

fund. The exemption contained in this item does not apply
14

to the aggregate financial performance information of a
15

private equity fund, nor to the identity of the fund's
16

managers or general partners. The exemption contained in
17

this item does not apply to the identity of a privately
18

held company within the investment portfolio of a private
19

equity fund, unless the disclosure of the identity of a
20

privately held company may cause competitive harm.
21

Nothing contained in this paragraph (g) shall be
22

construed to prevent a person or business from consenting
23

to disclosure.
24

(h) Proposals and bids for any contract, grant, or
25

agreement, including information which if it were
26

disclosed would frustrate procurement or give an advantage

HB2421
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LRB104 11993 BDA 22088 b
1

to any person proposing to enter into a contractor
2

agreement with the body, until an award or final selection
3

is made. Information prepared by or for the body in
4

preparation of a bid solicitation shall be exempt until an
5

award or final selection is made.
6

(i) Valuable formulae, computer geographic systems,
7

designs, drawings, and research data obtained or produced
8

by any public body when disclosure could reasonably be
9

expected to produce private gain or public loss. The
10

exemption for "computer geographic systems" provided in
11

this paragraph (i) does not extend to requests made by
12

news media as defined in Section 2 of this Act when the
13

requested information is not otherwise exempt and the only
14

purpose of the request is to access and disseminate
15

information regarding the health, safety, welfare, or
16

legal rights of the general public.
17

(j) The following information pertaining to
18

educational matters:
19

(i) test questions, scoring keys, and other
20

examination data used to administer an academic
21

examination;
22

(ii) information received by a primary or
23

secondary school, college, or university under its
24

procedures for the evaluation of faculty members by
25

their academic peers;
26

(iii) information concerning a school or

HB2421
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LRB104 11993 BDA 22088 b
1

university's adjudication of student disciplinary
2

cases, but only to the extent that disclosure would
3

unavoidably reveal the identity of the student; and
4

(iv) course materials or research materials used
5

by faculty members.
6

(k) Architects' plans, engineers' technical
7

submissions, and other construction related technical
8

documents for projects not constructed or developed in
9

whole or in part with public funds and the same for
10

projects constructed or developed with public funds,
11

including, but not limited to, power generating and
12

distribution stations and other transmission and
13

distribution facilities, water treatment facilities,
14

airport facilities, sport stadiums, convention centers,
15

and all government owned, operated, or occupied buildings,
16

but only to the extent that disclosure would compromise
17

security.
18

(l) Minutes of meetings of public bodies closed to the
19

public as provided in the Open Meetings Act until the
20

public body makes the minutes available to the public
21

under Section 2.06 of the Open Meetings Act.
22

(m) Communications between a public body and an
23

attorney or auditor representing the public body that
24

would not be subject to discovery in litigation, and
25

materials prepared or compiled by or for a public body in
26

anticipation of a criminal, civil, or administrative

HB2421
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LRB104 11993 BDA 22088 b
1

proceeding upon the request of an attorney advising the
2

public body, and materials prepared or compiled with
3

respect to internal audits of public bodies.
4

(n) Records relating to a public body's adjudication
5

of employee grievances or disciplinary cases; however,
6

this exemption shall not extend to the final outcome of
7

cases in which discipline is imposed.
8

(o) Administrative or technical information associated
9

with automated data processing operations, including, but
10

not limited to, software, operating protocols, computer
11

program abstracts, file layouts, source listings, object
12

modules, load modules, user guides, documentation
13

pertaining to all logical and physical design of
14

computerized systems, employee manuals, and any other
15

information that, if disclosed, would jeopardize the
16

security of the system or its data or the security of
17

materials exempt under this Section.
18

(p) Records relating to collective negotiating matters
19

between public bodies and their employees or
20

representatives, except that any final contract or
21

agreement shall be subject to inspection and copying.
22

(q) Test questions, scoring keys, and other
23

examination data used to determine the qualifications of
24

an applicant for a license or employment.
25

(r) The records, documents, and information relating
26

to real estate purchase negotiations until those

HB2421
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LRB104 11993 BDA 22088 b
1

negotiations have been completed or otherwise terminated.
2

With regard to a parcel involved in a pending or actually
3

and reasonably contemplated eminent domain proceeding
4

under the Eminent Domain Act, records, documents, and
5

information relating to that parcel shall be exempt except
6

as may be allowed under discovery rules adopted by the
7

Illinois Supreme Court. The records, documents, and
8

information relating to a real estate sale shall be exempt
9

until a sale is consummated.
10

(s) Any and all proprietary information and records
11

related to the operation of an intergovernmental risk
12

management association or self-insurance pool or jointly
13

self-administered health and accident cooperative or pool.
14

Insurance or self-insurance (including any
15

intergovernmental risk management association or
16

self-insurance pool) claims, loss or risk management
17

information, records, data, advice, or communications.
18

(t) Information contained in or related to
19

examination, operating, or condition reports prepared by,
20

on behalf of, or for the use of a public body responsible
21

for the regulation or supervision of financial
22

institutions, insurance companies, or pharmacy benefit
23

managers, unless disclosure is otherwise required by State
24

law.
25

(u) Information that would disclose or might lead to
26

the disclosure of secret or confidential information,

HB2421
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LRB104 11993 BDA 22088 b
1

codes, algorithms, programs, or private keys intended to
2

be used to create electronic signatures under the Uniform
3

Electronic Transactions Act.
4

(v) Vulnerability assessments, security measures, and
5

response policies or plans that are designed to identify,
6

prevent, or respond to potential attacks upon a
7

community's population or systems, facilities, or
8

installations, but only to the extent that disclosure
9

could reasonably be expected to expose the vulnerability
10

or jeopardize the effectiveness of the measures, policies,
11

or plans, or the safety of the personnel who implement
12

them or the public. Information exempt under this item may
13

include such things as details pertaining to the
14

mobilization or deployment of personnel or equipment, to
15

the operation of communication systems or protocols, to
16

cybersecurity vulnerabilities, or to tactical operations.
17

(w) (Blank).
18

(x) Maps and other records regarding the location or
19

security of generation, transmission, distribution,
20

storage, gathering, treatment, or switching facilities
21

owned by a utility, by a power generator, or by the
22

Illinois Power Agency.
23

(y) Information contained in or related to proposals,
24

bids, or negotiations related to electric power
25

procurement under Section 1-75 of the Illinois Power
26

Agency Act and Section 16-111.5 of the Public Utilities

HB2421
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LRB104 11993 BDA 22088 b
1

Act that is determined to be confidential and proprietary
2

by the Illinois Power Agency or by the Illinois Commerce
3

Commission.
4

(z) Information about students exempted from
5

disclosure under Section 10-20.38 or 34-18.29 of the
6

School Code, and information about undergraduate students
7

enrolled at an institution of higher education exempted
8

from disclosure under Section 25 of the Illinois Credit
9

Card Marketing Act of 2009.
10

(aa) Information the disclosure of which is exempted
11

under the Viatical Settlements Act of 2009.
12

(bb) Records and information provided to a mortality
13

review team and records maintained by a mortality review
14

team appointed under the Department of Juvenile Justice
15

Mortality Review Team Act.
16

(cc) Information regarding interments, entombments, or
17

inurnments of human remains that are submitted to the
18

Cemetery Oversight Database under the Cemetery Care Act or
19

the Cemetery Oversight Act, whichever is applicable.
20

(dd) Correspondence and records (i) that may not be
21

disclosed under Section 11-9 of the Illinois Public Aid
22

Code or (ii) that pertain to appeals under Section 11-8 of
23

the Illinois Public Aid Code.
24

(ee) The names, addresses, or other personal
25

information of persons who are minors and are also
26

participants and registrants in programs of park

HB2421
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LRB104 11993 BDA 22088 b
1

districts, forest preserve districts, conservation
2

districts, recreation agencies, and special recreation
3

associations.
4

(ff) The names, addresses, or other personal
5

information of participants and registrants in programs of
6

park districts, forest preserve districts, conservation
7

districts, recreation agencies, and special recreation
8

associations where such programs are targeted primarily to
9

minors.
10

(gg) Confidential information described in Section
11

1-100 of the Illinois Independent Tax Tribunal Act of
12

2012.
13

(hh) The report submitted to the State Board of
14

Education by the School Security and Standards Task Force
15

under item (8) of subsection (d) of Section 2-3.160 of the
16

School Code and any information contained in that report.
17

(ii) Records requested by persons committed to or
18

detained by the Department of Human Services under the
19

Sexually Violent Persons Commitment Act or committed to
20

the Department of Corrections under the Sexually Dangerous
21

Persons Act if those materials: (i) are available in the
22

library of the facility where the individual is confined;
23

(ii) include records from staff members' personnel files,
24

staff rosters, or other staffing assignment information;
25

or (iii) are available through an administrative request
26

to the Department of Human Services or the Department of

HB2421
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LRB104 11993 BDA 22088 b
1

Corrections.
2

(jj) Confidential information described in Section
3

5-535 of the Civil Administrative Code of Illinois.
4

(kk) The public body's credit card numbers, debit card
5

numbers, bank account numbers, Federal Employer
6

Identification Number, security code numbers, passwords,
7

and similar account information, the disclosure of which
8

could result in identity theft or impression or defrauding
9

of a governmental entity or a person.
10

(ll) Records concerning the work of the threat
11

assessment team of a school district, including, but not
12

limited to, any threat assessment procedure under the
13

School Safety Drill Act and any information contained in
14

the procedure.
15

(mm) Information prohibited from being disclosed under
16

subsections (a) and (b) of Section 15 of the Student
17

Confidential Reporting Act.
18

(nn) Proprietary information submitted to the
19

Environmental Protection Agency under the Drug Take-Back
20

Act.
21

(oo) Records described in subsection (f) of Section
22

3-5-1 of the Unified Code of Corrections.
23

(pp) Any and all information regarding burials,
24

interments, or entombments of human remains as required to
25

be reported to the Department of Natural Resources
26

pursuant either to the Archaeological and Paleontological

HB2421
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LRB104 11993 BDA 22088 b
1

Resources Protection Act or the Human Remains Protection
2

Act.
3

(qq) Reports described in subsection (e) of Section
4

16-15 of the Abortion Care Clinical Training Program Act.
5

(rr) Information obtained by a certified local health
6

department under the Access to Public Health Data Act.
7

(ss) For a request directed to a public body that is
8

also a HIPAA-covered entity, all information that is
9

protected health information, including demographic
10

information, that may be contained within or extracted
11

from any record held by the public body in compliance with
12

State and federal medical privacy laws and regulations,
13

including, but not limited to, the Health Insurance
14

Portability and Accountability Act and its regulations, 45
15

CFR Parts 160 and 164. As used in this paragraph,
16

"HIPAA-covered entity" has the meaning given to the term
17

"covered entity" in 45 CFR 160.103 and "protected health
18

information" has the meaning given to that term in 45 CFR
19

160.103.
20

(tt) Proposals or bids submitted by engineering
21

consultants in response to requests for proposal or other
22

competitive bidding requests by the Department of
23

Transportation or the Illinois Toll Highway Authority.
24

(1.5) Any information exempt from disclosure under the
25
Judicial Privacy Act shall be redacted from public records
26
prior to disclosure under this Act.

HB2421
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LRB104 11993 BDA 22088 b
1

(2) A public record that is not in the possession of a
2
public body but is in the possession of a party with whom the
3
agency has contracted to perform a governmental function on
4
behalf of the public body, and that directly relates to the
5
governmental function and is not otherwise exempt under this
6
Act, shall be considered a public record of the public body,
7
for purposes of this Act.
8

(3) This Section does not authorize withholding of
9
information or limit the availability of records to the
10
public, except as stated in this Section or otherwise provided
11
in this Act.
12
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
13
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
14
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
15
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
16
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
17
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
18
eff. 7-1-24; 103-865, eff. 1-1-25
.)

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