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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2884

Introduced 2/6/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

5 ILCS 140/11

from Ch. 116, par. 211

Amends the Freedom of Information Act. Provides that, if the denial of
a request includes a request for minutes or a verbatim record of a meeting
of the public body closed to the public as provided in the Open Meetings
Act that have not been previously made available for public inspection,
suit may be filed under a specified provision only after a 60-day period
following (i) the receipt of the request by the public body or (ii) the
issuance of a binding or non-binding opinion from the Public Access
Counselor, whichever is later, to allow for review of the requested
records as provided under the Open Meetings Act.
LRB104 08868 BDA 18923 b

A BILL FOR

HB2884
LRB104 08868 BDA 18923 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 11 as follows:

6

(5 ILCS 140/11)

(from Ch. 116, par. 211)
7

Sec. 11.
(a) Any person denied access to inspect or copy
8
any public record by a public body may file suit for injunctive
9
or declaratory relief.
10

(a-5) In accordance with Section 11.6 of this Act, a
11
requester may file an action to enforce a binding opinion
12
issued under Section 9.5 of this Act.
13

(b) Where the denial is from a public body of the State,
14
suit may be filed in the circuit court for the county where the
15
public body has its principal office or where the person
16
denied access resides.
17

(c) Where the denial is from a municipality or other
18
public body, except as provided in subsection (b) of this
19
Section, suit may be filed in the circuit court for the county
20
where the public body is located.
If the denial includes a
21
request for minutes or a verbatim record of a meeting of the
22
public body closed to the public as provided in the Open
23
Meetings Act that have not been previously made available for

HB2884
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LRB104 08868 BDA 18923 b
1
public inspection, suit may be filed only under this
2
subsection after a 60-day period following (i) the receipt of
3
the request by the public body or (ii) the issuance of a
4
binding or non-binding opinion from the Public Access
5
Counselor under Section 9.5, whichever is later, to allow for
6
review of the requested records as provided in Section 2.06 of
7
the Open Meetings Act.

8

(d) The circuit court shall have the jurisdiction to
9
enjoin the public body from withholding public records and to
10
order the production of any public records improperly withheld
11
from the person seeking access. If the public body can show
12
that exceptional circumstances exist, and that the body is
13
exercising due diligence in responding to the request, the
14
court may retain jurisdiction and allow the agency additional
15
time to complete its review of the records.
16

(e) On motion of the plaintiff, prior to or after in camera
17
inspection, the court shall order the public body to provide
18
an index of the records to which access has been denied. The
19
index shall include the following:
20

(i) A description of the nature or contents of each
21

document withheld, or each deletion from a released
22

document, provided, however, that the public body shall
23

not be required to disclose the information which it
24

asserts is exempt; and
25

(ii) A statement of the exemption or exemptions
26

claimed for each such deletion or withheld document.

HB2884
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LRB104 08868 BDA 18923 b
1

(f) In any action considered by the court, the court shall
2
consider the matter de novo, and shall conduct such in camera
3
examination of the requested records as it finds appropriate
4
to determine if such records or any part thereof may be
5
withheld under any provision of this Act. The burden shall be
6
on the public body to establish that its refusal to permit
7
public inspection or copying is in accordance with the
8
provisions of this Act. Any public body that asserts that a
9
record is exempt from disclosure has the burden of proving
10
that it is exempt by clear and convincing evidence.
11

(g) In the event of noncompliance with an order of the
12
court to disclose, the court may enforce its order against any
13
public official or employee so ordered or primarily
14
responsible for such noncompliance through the court's
15
contempt powers.
16

(h) Except as to causes the court considers to be of
17
greater importance, proceedings arising under this Section
18
shall take precedence on the docket over all other causes and
19
be assigned for hearing and trial at the earliest practicable
20
date and expedited in every way.
21

(i) If a person seeking the right to inspect or receive a
22
copy of a public record prevails in a proceeding under this
23
Section, the court shall award such person reasonable
24
attorney's fees and costs. In determining what amount of
25
attorney's fees is reasonable, the court shall consider the
26
degree to which the relief obtained relates to the relief

HB2884
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LRB104 08868 BDA 18923 b
1
sought. The changes contained in this subsection apply to an
2
action filed on or after January 1, 2010 (the effective date of
3
Public Act 96-542).
4

(j) If the court determines that a public body willfully
5
and intentionally failed to comply with this Act, or otherwise
6
acted in bad faith, the court shall also impose upon the public
7
body a civil penalty of not less than $2,500 nor more than
8
$5,000 for each occurrence. In assessing the civil penalty,
9
the court shall consider in aggravation or mitigation the
10
budget of the public body and whether the public body has
11
previously been assessed penalties for violations of this Act.
12
The court may impose an additional penalty of up to $1,000 for
13
each day the violation continues if:
14

(1) the public body fails to comply with the court's
15

order after 30 days;
16

(2) the court's order is not on appeal or stayed; and
17

(3) the court does not grant the public body
18

additional time to comply with the court's order to
19

disclose public records.
20

The changes contained in this subsection made by Public
21
Act 96-542 apply to an action filed on or after January 1, 2010
22
(the effective date of Public Act 96-542).
23

(k) The changes to this Section made by this amendatory
24
Act of the 99th General Assembly apply to actions filed on or
25
after the effective date of this amendatory Act of the 99th
26
General Assembly.

HB2884
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LRB104 08868 BDA 18923 b
1
(Source: P.A. 99-586, eff. 1-1-17; 99-642, eff. 7-28-16
.)

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