FOIA-VICTIM INFORMATION

Illinois General Assembly - Full Text of HB4408

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB4408

Home

Legislation

Full Text

HB4408 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4408

Introduced 1/14/2026, by Rep. Jackie Haas

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7

Amends the Freedom of Information Act. Provides that records in the
possession of any public body created in the course of administrative
enforcement proceedings, and any law enforcement or correctional agency
for law enforcement purposes, that contain the name, address, or other
identifying information or contact information of a person who is under
the age of 18 years old and who is a victim of sexual abuse, sexual
assault, or sexual violence are exempt from inspection and copying under
certain provisions regarding a public body redacting the exempt
information.
LRB104 16847 BDA 30257 b

A BILL FOR

HB4408
LRB104 16847 BDA 30257 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

(Text of Section before amendment by P.A. 104-300
)
8

Sec. 7.
Exemptions.
9

(1) When a request is made to inspect or copy a public
10
record that contains information that is exempt from
11
disclosure under this Section, but also contains information
12
that is not exempt from disclosure, the public body may elect
13
to redact the information that is exempt. The public body
14
shall make the remaining information available for inspection
15
and copying. Subject to this requirement, the following shall
16
be exempt from inspection and copying:
17

(a) Information specifically prohibited from
18

disclosure by federal or State law or rules and
19

regulations implementing federal or State law.
20

(b) Private information, unless disclosure is required
21

by another provision of this Act, a State or federal law,
22

or a court order.
23

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

HB4408
- 2 -
LRB104 16847 BDA 30257 b
1

maintained by one or more law enforcement agencies and
2

specifically designed to provide information to one or
3

more law enforcement agencies regarding the physical or
4

mental status of one or more individual subjects.
5

(c) Personal information contained within public
6

records, the disclosure of which would constitute a
7

clearly unwarranted invasion of personal privacy, unless
8

the disclosure is consented to in writing by the
9

individual subjects of the information. "Unwarranted
10

invasion of personal privacy" means the disclosure of
11

information that is highly personal or objectionable to a
12

reasonable person and in which the subject's right to
13

privacy outweighs any legitimate public interest in
14

obtaining the information. The disclosure of information
15

that bears on the public duties of public employees and
16

officials shall not be considered an invasion of personal
17

privacy.
18

(d) Records in the possession of any public body
19

created in the course of administrative enforcement
20

proceedings, and any law enforcement or correctional
21

agency for law enforcement purposes, but only to the
22

extent that disclosure would:
23

(i) interfere with pending or actually and
24

reasonably contemplated law enforcement proceedings
25

conducted by any law enforcement or correctional
26

agency that is the recipient of the request;

HB4408
- 3 -
LRB104 16847 BDA 30257 b
1

(ii) interfere with active administrative
2

enforcement proceedings conducted by the public body
3

that is the recipient of the request;
4

(iii) create a substantial likelihood that a
5

person will be deprived of a fair trial or an impartial
6

hearing;
7

(iv) unavoidably disclose the identity of a
8

confidential source, confidential information
9

furnished only by the confidential source, or persons
10

who file complaints with or provide information to
11

administrative, investigative, law enforcement, or
12

penal agencies; except that the identities of
13

witnesses to traffic crashes, traffic crash reports,
14

and rescue reports shall be provided by agencies of
15

local government, except when disclosure would
16

interfere with an active criminal investigation
17

conducted by the agency that is the recipient of the
18

request;
19

(v) disclose unique or specialized investigative
20

techniques other than those generally used and known
21

or disclose internal documents of correctional
22

agencies related to detection, observation, or
23

investigation of incidents of crime or misconduct, and
24

disclosure would result in demonstrable harm to the
25

agency or public body that is the recipient of the
26

request;

HB4408
- 4 -
LRB104 16847 BDA 30257 b
1

(vi) endanger the life or physical safety of law
2

enforcement personnel or any other person; or
3

(vii) obstruct an ongoing criminal investigation
4

by the agency that is the recipient of the request.
5

(d-3) Records in the possession of any public body
6

created in the course of administrative enforcement
7

proceedings, and any law enforcement or correctional
8

agency for law enforcement purposes, that contain the
9

name, address, or other identifying information or contact
10

information of a person who is under the age of 18 years
11

old and who is a victim of sexual abuse, sexual assault, or
12

sexual violence.
13

(d-5) A law enforcement record created for law
14

enforcement purposes and contained in a shared electronic
15

record management system if the law enforcement agency
16

that is the recipient of the request did not create the
17

record, did not participate in or have a role in any of the
18

events which are the subject of the record, and only has
19

access to the record through the shared electronic record
20

management system.
21

(d-6) Records contained in the Officer Professional
22

Conduct Database under Section 9.2 of the Illinois Police
23

Training Act, except to the extent authorized under that
24

Section. This includes the documents supplied to the
25

Illinois Law Enforcement Training Standards Board from the
26

Illinois State Police and Illinois State Police Merit

HB4408
- 5 -
LRB104 16847 BDA 30257 b
1

Board.
2

(d-7) Information gathered or records created from the
3

use of automatic license plate readers in connection with
4

Section 2-130 of the Illinois Vehicle Code.
5

(e) Records that relate to or affect the security of
6

correctional institutions and detention facilities.
7

(e-5) Records requested by persons committed to the
8

Department of Corrections, Department of Human Services
9

Division of Mental Health, or a county jail if those
10

materials are available in the library of the correctional
11

institution or facility or jail where the inmate is
12

confined.
13

(e-6) Records requested by persons committed to the
14

Department of Corrections, Department of Human Services
15

Division of Mental Health, or a county jail if those
16

materials include records from staff members' personnel
17

files, staff rosters, or other staffing assignment
18

information.
19

(e-7) Records requested by persons committed to the
20

Department of Corrections or Department of Human Services
21

Division of Mental Health if those materials are available
22

through an administrative request to the Department of
23

Corrections or Department of Human Services Division of
24

Mental Health.
25

(e-8) Records requested by a person committed to the
26

Department of Corrections, Department of Human Services

HB4408
- 6 -
LRB104 16847 BDA 30257 b
1

Division of Mental Health, or a county jail, the
2

disclosure of which would result in the risk of harm to any
3

person or the risk of an escape from a jail or correctional
4

institution or facility.
5

(e-9) Records requested by a person in a county jail
6

or committed to the Department of Corrections or
7

Department of Human Services Division of Mental Health,
8

containing personal information pertaining to the person's
9

victim or the victim's family, including, but not limited
10

to, a victim's home address, home telephone number, work
11

or school address, work telephone number, social security
12

number, or any other identifying information, except as
13

may be relevant to a requester's current or potential case
14

or claim.
15

(e-10) Law enforcement records of other persons
16

requested by a person committed to the Department of
17

Corrections, Department of Human Services Division of
18

Mental Health, or a county jail, including, but not
19

limited to, arrest and booking records, mug shots, and
20

crime scene photographs, except as these records may be
21

relevant to the requester's current or potential case or
22

claim.
23

(f) Preliminary drafts, notes, recommendations,
24

memoranda, and other records in which opinions are
25

expressed, or policies or actions are formulated, except
26

that a specific record or relevant portion of a record

HB4408
- 7 -
LRB104 16847 BDA 30257 b
1

shall not be exempt when the record is publicly cited and
2

identified by the head of the public body. The exemption
3

provided in this paragraph (f) extends to all those
4

records of officers and agencies of the General Assembly
5

that pertain to the preparation of legislative documents.
6

(g) Trade secrets and commercial or financial
7

information obtained from a person or business where the
8

trade secrets or commercial or financial information are
9

furnished under a claim that they are proprietary,
10

privileged, or confidential, and that disclosure of the
11

trade secrets or commercial or financial information would
12

cause competitive harm to the person or business, and only
13

insofar as the claim directly applies to the records
14

requested.
15

The information included under this exemption includes
16

all trade secrets and commercial or financial information
17

obtained by a public body, including a public pension
18

fund, from a private equity fund or a privately held
19

company within the investment portfolio of a private
20

equity fund as a result of either investing or evaluating
21

a potential investment of public funds in a private equity
22

fund. The exemption contained in this item does not apply
23

to the aggregate financial performance information of a
24

private equity fund, nor to the identity of the fund's
25

managers or general partners. The exemption contained in
26

this item does not apply to the identity of a privately

HB4408
- 8 -
LRB104 16847 BDA 30257 b
1

held company within the investment portfolio of a private
2

equity fund, unless the disclosure of the identity of a
3

privately held company may cause competitive harm.
4

Nothing contained in this paragraph (g) shall be
5

construed to prevent a person or business from consenting
6

to disclosure.
7

(h) Proposals and bids for any contract, grant, or
8

agreement, including information which if it were
9

disclosed would frustrate procurement or give an advantage
10

to any person proposing to enter into a contractor
11

agreement with the body, until an award or final selection
12

is made. Information prepared by or for the body in
13

preparation of a bid solicitation shall be exempt until an
14

award or final selection is made.
15

(i) Valuable formulae, computer geographic systems,
16

designs, drawings, and research data obtained or produced
17

by any public body when disclosure could reasonably be
18

expected to produce private gain or public loss. The
19

exemption for "computer geographic systems" provided in
20

this paragraph (i) does not extend to requests made by
21

news media as defined in Section 2 of this Act when the
22

requested information is not otherwise exempt and the only
23

purpose of the request is to access and disseminate
24

information regarding the health, safety, welfare, or
25

legal rights of the general public.
26

(j) The following information pertaining to

HB4408
- 9 -
LRB104 16847 BDA 30257 b
1

educational matters:
2

(i) test questions, scoring keys, and other
3

examination data used to administer an academic
4

examination;
5

(ii) information received by a primary or
6

secondary school, college, or university under its
7

procedures for the evaluation of faculty members by
8

their academic peers;
9

(iii) information concerning a school or
10

university's adjudication of student disciplinary
11

cases, but only to the extent that disclosure would
12

unavoidably reveal the identity of the student; and
13

(iv) course materials or research materials used
14

by faculty members.
15

(k) Architects' plans, engineers' technical
16

submissions, and other construction related technical
17

documents for projects not constructed or developed in
18

whole or in part with public funds and the same for
19

projects constructed or developed with public funds,
20

including, but not limited to, power generating and
21

distribution stations and other transmission and
22

distribution facilities, water treatment facilities,
23

airport facilities, sport stadiums, convention centers,
24

and all government owned, operated, or occupied buildings,
25

but only to the extent that disclosure would compromise
26

security.

HB4408
- 10 -
LRB104 16847 BDA 30257 b
1

(l) Minutes of meetings of public bodies closed to the
2

public as provided in the Open Meetings Act until the
3

public body makes the minutes available to the public
4

under Section 2.06 of the Open Meetings Act.
5

(m) Communications between a public body and an
6

attorney or auditor representing the public body that
7

would not be subject to discovery in litigation, and
8

materials prepared or compiled by or for a public body in
9

anticipation of a criminal, civil, or administrative
10

proceeding upon the request of an attorney advising the
11

public body, and materials prepared or compiled with
12

respect to internal audits of public bodies.
13

(n) Records relating to a public body's adjudication
14

of employee grievances or disciplinary cases; however,
15

this exemption shall not extend to the final outcome of
16

cases in which discipline is imposed.
17

(o) Administrative or technical information associated
18

with automated data processing operations, including, but
19

not limited to, software, operating protocols, computer
20

program abstracts, file layouts, source listings, object
21

modules, load modules, user guides, documentation
22

pertaining to all logical and physical design of
23

computerized systems, employee manuals, and any other
24

information that, if disclosed, would jeopardize the
25

security of the system or its data or the security of
26

materials exempt under this Section.

HB4408
- 11 -
LRB104 16847 BDA 30257 b
1

(p) Records relating to collective negotiating matters
2

between public bodies and their employees or
3

representatives, except that any final contract or
4

agreement shall be subject to inspection and copying.
5

(q) Test questions, scoring keys, and other
6

examination data used to determine the qualifications of
7

an applicant for a license or employment.
8

(r) The records, documents, and information relating
9

to real estate purchase negotiations until those
10

negotiations have been completed or otherwise terminated.
11

With regard to a parcel involved in a pending or actually
12

and reasonably contemplated eminent domain proceeding
13

under the Eminent Domain Act, records, documents, and
14

information relating to that parcel shall be exempt except
15

as may be allowed under discovery rules adopted by the
16

Illinois Supreme Court. The records, documents, and
17

information relating to a real estate sale shall be exempt
18

until a sale is consummated.
19

(s) Any and all proprietary information and records
20

related to the operation of an intergovernmental risk
21

management association or self-insurance pool or jointly
22

self-administered health and accident cooperative or pool.
23

Insurance or self-insurance (including any
24

intergovernmental risk management association or
25

self-insurance pool) claims, loss or risk management
26

information, records, data, advice, or communications.

HB4408
- 12 -
LRB104 16847 BDA 30257 b
1

(t) Information contained in or related to
2

examination, operating, or condition reports prepared by,
3

on behalf of, or for the use of a public body responsible
4

for the regulation or supervision of financial
5

institutions, insurance companies, or pharmacy benefit
6

managers, unless disclosure is otherwise required by State
7

law.
8

(u) Information that would disclose or might lead to
9

the disclosure of secret or confidential information,
10

codes, algorithms, programs, or private keys intended to
11

be used to create electronic signatures under the Uniform
12

Electronic Transactions Act.
13

(v) Vulnerability assessments, security measures, and
14

response policies or plans that are designed to identify,
15

prevent, or respond to potential attacks upon a
16

community's population or systems, facilities, or
17

installations, but only to the extent that disclosure
18

could reasonably be expected to expose the vulnerability
19

or jeopardize the effectiveness of the measures, policies,
20

or plans, or the safety of the personnel who implement
21

them or the public. Information exempt under this item may
22

include such things as details pertaining to the
23

mobilization or deployment of personnel or equipment, to
24

the operation of communication systems or protocols, to
25

cybersecurity vulnerabilities, or to tactical operations.
26

(w) (Blank).

HB4408
- 13 -
LRB104 16847 BDA 30257 b
1

(x) Maps and other records regarding the location or
2

security of generation, transmission, distribution,
3

storage, gathering, treatment, or switching facilities
4

owned by a utility, by a power generator, or by the
5

Illinois Power Agency.
6

(y) Information contained in or related to proposals,
7

bids, or negotiations related to electric power
8

procurement under Section 1-75 of the Illinois Power
9

Agency Act and Section 16-111.5 of the Public Utilities
10

Act that is determined to be confidential and proprietary
11

by the Illinois Power Agency or by the Illinois Commerce
12

Commission.
13

(z) Information about students exempted from
14

disclosure under Section 10-20.38 or 34-18.29 of the
15

School Code, and information about undergraduate students
16

enrolled at an institution of higher education exempted
17

from disclosure under Section 25 of the Illinois Credit
18

Card Marketing Act of 2009.
19

(aa) Information the disclosure of which is exempted
20

under the Viatical Settlements Act of 2009.
21

(bb) Records and information provided to a mortality
22

review team and records maintained by a mortality review
23

team appointed under the Department of Juvenile Justice
24

Mortality Review Team Act.
25

(cc) Information regarding interments, entombments, or
26

inurnments of human remains that are submitted to the

HB4408
- 14 -
LRB104 16847 BDA 30257 b
1

Cemetery Oversight Database under the Cemetery Care Act or
2

the Cemetery Oversight Act, whichever is applicable.
3

(dd) Correspondence and records (i) that may not be
4

disclosed under Section 11-9 of the Illinois Public Aid
5

Code or (ii) that pertain to appeals under Section 11-8 of
6

the Illinois Public Aid Code.
7

(ee) The names, addresses, or other personal
8

information of persons who are minors and are also
9

participants and registrants in programs of park
10

districts, forest preserve districts, conservation
11

districts, recreation agencies, and special recreation
12

associations.
13

(ff) The names, addresses, or other personal
14

information of participants and registrants in programs of
15

park districts, forest preserve districts, conservation
16

districts, recreation agencies, and special recreation
17

associations where such programs are targeted primarily to
18

minors.
19

(gg) Confidential information described in Section
20

1-100 of the Illinois Independent Tax Tribunal Act of
21

2012.
22

(hh) The report submitted to the State Board of
23

Education by the School Security and Standards Task Force
24

under item (8) of subsection (d) of Section 2-3.160 of the
25

School Code and any information contained in that report.
26

(ii) Records requested by persons committed to or

HB4408
- 15 -
LRB104 16847 BDA 30257 b
1

detained by the Department of Human Services under the
2

Sexually Violent Persons Commitment Act or committed to
3

the Department of Corrections under the Sexually Dangerous
4

Persons Act if those materials: (i) are available in the
5

library of the facility where the individual is confined;
6

(ii) include records from staff members' personnel files,
7

staff rosters, or other staffing assignment information;
8

or (iii) are available through an administrative request
9

to the Department of Human Services or the Department of
10

Corrections.
11

(jj) Confidential information described in Section
12

5-535 of the Civil Administrative Code of Illinois.
13

(kk) The public body's credit card numbers, debit card
14

numbers, bank account numbers, Federal Employer
15

Identification Number, security code numbers, passwords,
16

and similar account information, the disclosure of which
17

could result in identity theft or impression or defrauding
18

of a governmental entity or a person.
19

(ll) Records concerning the work of the threat
20

assessment team of a school district, including, but not
21

limited to, any threat assessment procedure under the
22

School Safety Drill Act and any information contained in
23

the procedure.
24

(mm) Information prohibited from being disclosed under
25

subsections (a) and (b) of Section 15 of the Student
26

Confidential Reporting Act.

HB4408
- 16 -
LRB104 16847 BDA 30257 b
1

(nn) Proprietary information submitted to the
2

Environmental Protection Agency under the Drug Take-Back
3

Act.
4

(oo) Records described in subsection (f) of Section
5

3-5-1 of the Unified Code of Corrections.
6

(pp) Any and all information regarding burials,
7

interments, or entombments of human remains as required to
8

be reported to the Department of Natural Resources
9

pursuant either to the Archaeological and Paleontological
10

Resources Protection Act or the Human Remains Protection
11

Act.
12

(qq) Reports described in subsection (e) of Section
13

16-15 of the Abortion Care Clinical Training Program Act.
14

(rr) Information obtained by a certified local health
15

department under the Access to Public Health Data Act.
16

(ss) For a request directed to a public body that is
17

also a HIPAA-covered entity, all information that is
18

protected health information, including demographic
19

information, that may be contained within or extracted
20

from any record held by the public body in compliance with
21

State and federal medical privacy laws and regulations,
22

including, but not limited to, the Health Insurance
23

Portability and Accountability Act and its regulations, 45
24

CFR Parts 160 and 164. As used in this paragraph,
25

"HIPAA-covered entity" has the meaning given to the term
26

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

HB4408
- 17 -
LRB104 16847 BDA 30257 b
1

information" has the meaning given to that term in 45 CFR
2

160.103.
3

(tt) Proposals or bids submitted by engineering
4

consultants in response to requests for proposal or other
5

competitive bidding requests by the Department of
6

Transportation or the Illinois Toll Highway Authority.
7

(1.5) Any information exempt from disclosure under the
8
Judicial Privacy Act shall be redacted from public records
9
prior to disclosure under this Act.
10

(2) A public record that is not in the possession of a
11
public body but is in the possession of a party with whom the
12
agency has contracted to perform a governmental function on
13
behalf of the public body, and that directly relates to the
14
governmental function and is not otherwise exempt under this
15
Act, shall be considered a public record of the public body,
16
for purposes of this Act.
17

(3) This Section does not authorize withholding of
18
information or limit the availability of records to the
19
public, except as stated in this Section or otherwise provided
20
in this Act.
21
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
22
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
23
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
24
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
25
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
26
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,

HB4408
- 18 -
LRB104 16847 BDA 30257 b
1
eff. 7-1-24; 103-865, eff. 1-1-25
.)

2

(Text of Section after amendment by P.A. 104-300
)
3

Sec. 7.
Exemptions.
4

(1) When a request is made to inspect or copy a public
5
record that contains information that is exempt from
6
disclosure under this Section, but also contains information
7
that is not exempt from disclosure, the public body may elect
8
to redact the information that is exempt. The public body
9
shall make the remaining information available for inspection
10
and copying. Subject to this requirement, the following shall
11
be exempt from inspection and copying:
12

(a) Records created or compiled by a State public
13

defender agency or commission subject to the State Public
14

Defender Act that contain: individual client identity;
15

individual case file information; individual investigation
16

records and other records that are otherwise subject to
17

attorney-client privilege; records that would not be
18

discoverable in litigation; records under Section 2.15;
19

training materials; records related to attorney
20

consultation and representation strategy; or any of the
21

above concerning clients of county public defenders or
22

other defender agencies and firms. This exclusion does not
23

apply to deidentified, aggregated, administrative records,
24

such as general case processing and workload information.
25

(a-5) Information specifically prohibited from

HB4408
- 19 -
LRB104 16847 BDA 30257 b
1

disclosure by federal or State law or rules and
2

regulations implementing federal or State law.
3

(b) Private information, unless disclosure is required
4

by another provision of this Act, a State or federal law,
5

or a court order.
6

(b-5) Files, documents, and other data or databases
7

maintained by one or more law enforcement agencies and
8

specifically designed to provide information to one or
9

more law enforcement agencies regarding the physical or
10

mental status of one or more individual subjects.
11

(c) Personal information contained within public
12

records, the disclosure of which would constitute a
13

clearly unwarranted invasion of personal privacy, unless
14

the disclosure is consented to in writing by the
15

individual subjects of the information. "Unwarranted
16

invasion of personal privacy" means the disclosure of
17

information that is highly personal or objectionable to a
18

reasonable person and in which the subject's right to
19

privacy outweighs any legitimate public interest in
20

obtaining the information. The disclosure of information
21

that bears on the public duties of public employees and
22

officials shall not be considered an invasion of personal
23

privacy.
24

(d) Records in the possession of any public body
25

created in the course of administrative enforcement
26

proceedings, and any law enforcement or correctional

HB4408
- 20 -
LRB104 16847 BDA 30257 b
1

agency for law enforcement purposes, but only to the
2

extent that disclosure would:
3

(i) interfere with pending or actually and
4

reasonably contemplated law enforcement proceedings
5

conducted by any law enforcement or correctional
6

agency that is the recipient of the request;
7

(ii) interfere with active administrative
8

enforcement proceedings conducted by the public body
9

that is the recipient of the request;
10

(iii) create a substantial likelihood that a
11

person will be deprived of a fair trial or an impartial
12

hearing;
13

(iv) unavoidably disclose the identity of a
14

confidential source, confidential information
15

furnished only by the confidential source, or persons
16

who file complaints with or provide information to
17

administrative, investigative, law enforcement, or
18

penal agencies; except that the identities of
19

witnesses to traffic crashes, traffic crash reports,
20

and rescue reports shall be provided by agencies of
21

local government, except when disclosure would
22

interfere with an active criminal investigation
23

conducted by the agency that is the recipient of the
24

request;
25

(v) disclose unique or specialized investigative
26

techniques other than those generally used and known

HB4408
- 21 -
LRB104 16847 BDA 30257 b
1

or disclose internal documents of correctional
2

agencies related to detection, observation, or
3

investigation of incidents of crime or misconduct, and
4

disclosure would result in demonstrable harm to the
5

agency or public body that is the recipient of the
6

request;
7

(vi) endanger the life or physical safety of law
8

enforcement personnel or any other person; or
9

(vii) obstruct an ongoing criminal investigation
10

by the agency that is the recipient of the request.
11

(d-3) Records in the possession of any public body
12

created in the course of administrative enforcement
13

proceedings, and any law enforcement or correctional
14

agency for law enforcement purposes, that contain the
15

name, address, or other identifying information or contact
16

information of a person who is under the age of 18 years
17

old and who is a victim of sexual abuse, sexual assault, or
18

sexual violence.
19

(d-5) A law enforcement record created for law
20

enforcement purposes and contained in a shared electronic
21

record management system if the law enforcement agency
22

that is the recipient of the request did not create the
23

record, did not participate in or have a role in any of the
24

events which are the subject of the record, and only has
25

access to the record through the shared electronic record
26

management system.

HB4408
- 22 -
LRB104 16847 BDA 30257 b
1

(d-6) Records contained in the Officer Professional
2

Conduct Database under Section 9.2 of the Illinois Police
3

Training Act, except to the extent authorized under that
4

Section. This includes the documents supplied to the
5

Illinois Law Enforcement Training Standards Board from the
6

Illinois State Police and Illinois State Police Merit
7

Board.
8

(d-7) Information gathered or records created from the
9

use of automatic license plate readers in connection with
10

Section 2-130 of the Illinois Vehicle Code.
11

(e) Records that relate to or affect the security of
12

correctional institutions and detention facilities.
13

(e-5) Records requested by persons committed to the
14

Department of Corrections, Department of Human Services
15

Division of Mental Health, or a county jail if those
16

materials are available in the library of the correctional
17

institution or facility or jail where the inmate is
18

confined.
19

(e-6) Records requested by persons committed to the
20

Department of Corrections, Department of Human Services
21

Division of Mental Health, or a county jail if those
22

materials include records from staff members' personnel
23

files, staff rosters, or other staffing assignment
24

information.
25

(e-7) Records requested by persons committed to the
26

Department of Corrections or Department of Human Services

HB4408
- 23 -
LRB104 16847 BDA 30257 b
1

Division of Mental Health if those materials are available
2

through an administrative request to the Department of
3

Corrections or Department of Human Services Division of
4

Mental Health.
5

(e-8) Records requested by a person committed to the
6

Department of Corrections, Department of Human Services
7

Division of Mental Health, or a county jail, the
8

disclosure of which would result in the risk of harm to any
9

person or the risk of an escape from a jail or correctional
10

institution or facility.
11

(e-9) Records requested by a person in a county jail
12

or committed to the Department of Corrections or
13

Department of Human Services Division of Mental Health,
14

containing personal information pertaining to the person's
15

victim or the victim's family, including, but not limited
16

to, a victim's home address, home telephone number, work
17

or school address, work telephone number, social security
18

number, or any other identifying information, except as
19

may be relevant to a requester's current or potential case
20

or claim.
21

(e-10) Law enforcement records of other persons
22

requested by a person committed to the Department of
23

Corrections, Department of Human Services Division of
24

Mental Health, or a county jail, including, but not
25

limited to, arrest and booking records, mug shots, and
26

crime scene photographs, except as these records may be

HB4408
- 24 -
LRB104 16847 BDA 30257 b
1

relevant to the requester's current or potential case or
2

claim.
3

(f) Preliminary drafts, notes, recommendations,
4

memoranda, and other records in which opinions are
5

expressed, or policies or actions are formulated, except
6

that a specific record or relevant portion of a record
7

shall not be exempt when the record is publicly cited and
8

identified by the head of the public body. The exemption
9

provided in this paragraph (f) extends to all those
10

records of officers and agencies of the General Assembly
11

that pertain to the preparation of legislative documents.
12

(g) Trade secrets and commercial or financial
13

information obtained from a person or business where the
14

trade secrets or commercial or financial information are
15

furnished under a claim that they are proprietary,
16

privileged, or confidential, and that disclosure of the
17

trade secrets or commercial or financial information would
18

cause competitive harm to the person or business, and only
19

insofar as the claim directly applies to the records
20

requested.
21

The information included under this exemption includes
22

all trade secrets and commercial or financial information
23

obtained by a public body, including a public pension
24

fund, from a private equity fund or a privately held
25

company within the investment portfolio of a private
26

equity fund as a result of either investing or evaluating

HB4408
- 25 -
LRB104 16847 BDA 30257 b
1

a potential investment of public funds in a private equity
2

fund. The exemption contained in this item does not apply
3

to the aggregate financial performance information of a
4

private equity fund, nor to the identity of the fund's
5

managers or general partners. The exemption contained in
6

this item does not apply to the identity of a privately
7

held company within the investment portfolio of a private
8

equity fund, unless the disclosure of the identity of a
9

privately held company may cause competitive harm.
10

Nothing contained in this paragraph (g) shall be
11

construed to prevent a person or business from consenting
12

to disclosure.
13

(h) Proposals and bids for any contract, grant, or
14

agreement, including information which if it were
15

disclosed would frustrate procurement or give an advantage
16

to any person proposing to enter into a contractor
17

agreement with the body, until an award or final selection
18

is made. Information prepared by or for the body in
19

preparation of a bid solicitation shall be exempt until an
20

award or final selection is made.
21

(i) Valuable formulae, computer geographic systems,
22

designs, drawings, and research data obtained or produced
23

by any public body when disclosure could reasonably be
24

expected to produce private gain or public loss. The
25

exemption for "computer geographic systems" provided in
26

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

HB4408
- 26 -
LRB104 16847 BDA 30257 b
1

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

requested information is not otherwise exempt and the only
3

purpose of the request is to access and disseminate
4

information regarding the health, safety, welfare, or
5

legal rights of the general public.
6

(j) The following information pertaining to
7

educational matters:
8

(i) test questions, scoring keys, and other
9

examination data used to administer an academic
10

examination;
11

(ii) information received by a primary or
12

secondary school, college, or university under its
13

procedures for the evaluation of faculty members by
14

their academic peers;
15

(iii) information concerning a school or
16

university's adjudication of student disciplinary
17

cases, but only to the extent that disclosure would
18

unavoidably reveal the identity of the student; and
19

(iv) course materials or research materials used
20

by faculty members.
21

(k) Architects' plans, engineers' technical
22

submissions, and other construction related technical
23

documents for projects not constructed or developed in
24

whole or in part with public funds and the same for
25

projects constructed or developed with public funds,
26

including, but not limited to, power generating and

HB4408
- 27 -
LRB104 16847 BDA 30257 b
1

distribution stations and other transmission and
2

distribution facilities, water treatment facilities,
3

airport facilities, sport stadiums, convention centers,
4

and all government owned, operated, or occupied buildings,
5

but only to the extent that disclosure would compromise
6

security.
7

(l) Minutes of meetings of public bodies closed to the
8

public as provided in the Open Meetings Act until the
9

public body makes the minutes available to the public
10

under Section 2.06 of the Open Meetings Act.
11

(m) Communications between a public body and an
12

attorney or auditor representing the public body that
13

would not be subject to discovery in litigation, and
14

materials prepared or compiled by or for a public body in
15

anticipation of a criminal, civil, or administrative
16

proceeding upon the request of an attorney advising the
17

public body, and materials prepared or compiled with
18

respect to internal audits of public bodies.
19

(n) Records relating to a public body's adjudication
20

of employee grievances or disciplinary cases; however,
21

this exemption shall not extend to the final outcome of
22

cases in which discipline is imposed.
23

(o) Administrative or technical information associated
24

with automated data processing operations, including, but
25

not limited to, software, operating protocols, computer
26

program abstracts, file layouts, source listings, object

HB4408
- 28 -
LRB104 16847 BDA 30257 b
1

modules, load modules, user guides, documentation
2

pertaining to all logical and physical design of
3

computerized systems, employee manuals, and any other
4

information that, if disclosed, would jeopardize the
5

security of the system or its data or the security of
6

materials exempt under this Section.
7

(p) Records relating to collective negotiating matters
8

between public bodies and their employees or
9

representatives, except that any final contract or
10

agreement shall be subject to inspection and copying.
11

(q) Test questions, scoring keys, and other
12

examination data used to determine the qualifications of
13

an applicant for a license or employment.
14

(r) The records, documents, and information relating
15

to real estate purchase negotiations until those
16

negotiations have been completed or otherwise terminated.
17

With regard to a parcel involved in a pending or actually
18

and reasonably contemplated eminent domain proceeding
19

under the Eminent Domain Act, records, documents, and
20

information relating to that parcel shall be exempt except
21

as may be allowed under discovery rules adopted by the
22

Illinois Supreme Court. The records, documents, and
23

information relating to a real estate sale shall be exempt
24

until a sale is consummated.
25

(s) Any and all proprietary information and records
26

related to the operation of an intergovernmental risk

HB4408
- 29 -
LRB104 16847 BDA 30257 b
1

management association or self-insurance pool or jointly
2

self-administered health and accident cooperative or pool.
3

Insurance or self-insurance (including any
4

intergovernmental risk management association or
5

self-insurance pool) claims, loss or risk management
6

information, records, data, advice, or communications.
7

(t) Information contained in or related to
8

examination, operating, or condition reports prepared by,
9

on behalf of, or for the use of a public body responsible
10

for the regulation or supervision of financial
11

institutions, insurance companies, or pharmacy benefit
12

managers, unless disclosure is otherwise required by State
13

law.
14

(u) Information that would disclose or might lead to
15

the disclosure of secret or confidential information,
16

codes, algorithms, programs, or private keys intended to
17

be used to create electronic signatures under the Uniform
18

Electronic Transactions Act.
19

(v) Vulnerability assessments, security measures, and
20

response policies or plans that are designed to identify,
21

prevent, or respond to potential attacks upon a
22

community's population or systems, facilities, or
23

installations, but only to the extent that disclosure
24

could reasonably be expected to expose the vulnerability
25

or jeopardize the effectiveness of the measures, policies,
26

or plans, or the safety of the personnel who implement

HB4408
- 30 -
LRB104 16847 BDA 30257 b
1

them or the public. Information exempt under this item may
2

include such things as details pertaining to the
3

mobilization or deployment of personnel or equipment, to
4

the operation of communication systems or protocols, to
5

cybersecurity vulnerabilities, or to tactical operations.
6

(w) (Blank).
7

(x) Maps and other records regarding the location or
8

security of generation, transmission, distribution,
9

storage, gathering, treatment, or switching facilities
10

owned by a utility, by a power generator, or by the
11

Illinois Power Agency.
12

(y) Information contained in or related to proposals,
13

bids, or negotiations related to electric power
14

procurement under Section 1-75 of the Illinois Power
15

Agency Act and Section 16-111.5 of the Public Utilities
16

Act that is determined to be confidential and proprietary
17

by the Illinois Power Agency or by the Illinois Commerce
18

Commission.
19

(z) Information about students exempted from
20

disclosure under Section 10-20.38 or 34-18.29 of the
21

School Code, and information about undergraduate students
22

enrolled at an institution of higher education exempted
23

from disclosure under Section 25 of the Illinois Credit
24

Card Marketing Act of 2009.
25

(aa) Information the disclosure of which is exempted
26

under the Viatical Settlements Act of 2009.

HB4408
- 31 -
LRB104 16847 BDA 30257 b
1

(bb) Records and information provided to a mortality
2

review team and records maintained by a mortality review
3

team appointed under the Department of Juvenile Justice
4

Mortality Review Team Act.
5

(cc) Information regarding interments, entombments, or
6

inurnments of human remains that are submitted to the
7

Cemetery Oversight Database under the Cemetery Care Act or
8

the Cemetery Oversight Act, whichever is applicable.
9

(dd) Correspondence and records (i) that may not be
10

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

Code or (ii) that pertain to appeals under Section 11-8 of
12

the Illinois Public Aid Code.
13

(ee) The names, addresses, or other personal
14

information of persons who are minors and are also
15

participants and registrants in programs of park
16

districts, forest preserve districts, conservation
17

districts, recreation agencies, and special recreation
18

associations.
19

(ff) The names, addresses, or other personal
20

information of participants and registrants in programs of
21

park districts, forest preserve districts, conservation
22

districts, recreation agencies, and special recreation
23

associations where such programs are targeted primarily to
24

minors.
25

(gg) Confidential information described in Section
26

1-100 of the Illinois Independent Tax Tribunal Act of

HB4408
- 32 -
LRB104 16847 BDA 30257 b
1

2012.
2

(hh) The report submitted to the State Board of
3

Education by the School Security and Standards Task Force
4

under item (8) of subsection (d) of Section 2-3.160 of the
5

School Code and any information contained in that report.
6

(ii) Records requested by persons committed to or
7

detained by the Department of Human Services under the
8

Sexually Violent Persons Commitment Act or committed to
9

the Department of Corrections under the Sexually Dangerous
10

Persons Act if those materials: (i) are available in the
11

library of the facility where the individual is confined;
12

(ii) include records from staff members' personnel files,
13

staff rosters, or other staffing assignment information;
14

or (iii) are available through an administrative request
15

to the Department of Human Services or the Department of
16

Corrections.
17

(jj) Confidential information described in Section
18

5-535 of the Civil Administrative Code of Illinois.
19

(kk) The public body's credit card numbers, debit card
20

numbers, bank account numbers, Federal Employer
21

Identification Number, security code numbers, passwords,
22

and similar account information, the disclosure of which
23

could result in identity theft or impression or defrauding
24

of a governmental entity or a person.
25

(ll) Records concerning the work of the threat
26

assessment team of a school district, including, but not

HB4408
- 33 -
LRB104 16847 BDA 30257 b
1

limited to, any threat assessment procedure under the
2

School Safety Drill Act and any information contained in
3

the procedure.
4

(mm) Information prohibited from being disclosed under
5

subsections (a) and (b) of Section 15 of the Student
6

Confidential Reporting Act.
7

(nn) Proprietary information submitted to the
8

Environmental Protection Agency under the Drug Take-Back
9

Act.
10

(oo) Records described in subsection (f) of Section
11

3-5-1 of the Unified Code of Corrections.
12

(pp) Any and all information regarding burials,
13

interments, or entombments of human remains as required to
14

be reported to the Department of Natural Resources
15

pursuant either to the Archaeological and Paleontological
16

Resources Protection Act or the Human Remains Protection
17

Act.
18

(qq) Reports described in subsection (e) of Section
19

16-15 of the Abortion Care Clinical Training Program Act.
20

(rr) Information obtained by a certified local health
21

department under the Access to Public Health Data Act.
22

(ss) For a request directed to a public body that is
23

also a HIPAA-covered entity, all information that is
24

protected health information, including demographic
25

information, that may be contained within or extracted
26

from any record held by the public body in compliance with

HB4408
- 34 -
LRB104 16847 BDA 30257 b
1

State and federal medical privacy laws and regulations,
2

including, but not limited to, the Health Insurance
3

Portability and Accountability Act and its regulations, 45
4

CFR Parts 160 and 164. As used in this paragraph,
5

"HIPAA-covered entity" has the meaning given to the term
6

"covered entity" in 45 CFR 160.103 and "protected health
7

information" has the meaning given to that term in 45 CFR
8

160.103.
9

(tt) Proposals or bids submitted by engineering
10

consultants in response to requests for proposal or other
11

competitive bidding requests by the Department of
12

Transportation or the Illinois Toll Highway Authority.
13

(1.5) Any information exempt from disclosure under the
14
Judicial Privacy Act shall be redacted from public records
15
prior to disclosure under this Act.
16

(2) A public record that is not in the possession of a
17
public body but is in the possession of a party with whom the
18
agency has contracted to perform a governmental function on
19
behalf of the public body, and that directly relates to the
20
governmental function and is not otherwise exempt under this
21
Act, shall be considered a public record of the public body,
22
for purposes of this Act.
23

(3) This Section does not authorize withholding of
24
information or limit the availability of records to the
25
public, except as stated in this Section or otherwise provided
26
in this Act.

HB4408
- 35 -
LRB104 16847 BDA 30257 b
1
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
2
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
3
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
4
eff. 1-1-25; 104-300, eff. 1-1-27.)

5

Section 95.
No acceleration or delay.
Where this Act makes
6
changes in a statute that is represented in this Act by text
7
that is not yet or no longer in effect (for example, a Section
8
represented by multiple versions), the use of that text does
9
not accelerate or delay the taking effect of (i) the changes
10
made by this Act or (ii) provisions derived from any other
11
Public Act.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn