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HB4409 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4409

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

SYNOPSIS AS INTRODUCED:

5 ILCS 140/3

from Ch. 116, par. 203

Amends the Freedom of Information Act. Provides that a law
enforcement or correctional agency shall, promptly, either comply with or
deny a request for public records within 15 business days (rather than
within 5 business days) after its receipt of the request, unless the time
for response is properly extended under certain provisions. Allows for an
extension for not more than 15 business days from the original due date for
the reason that the requested records are records that are partially
exempt from disclosure but that require blurring of body camera footage by
a law enforcement or correctional agency or other redactions by a law
enforcement or correctional agency before making the remaining requested
information available for inspection and copying.
LRB104 16848 BDA 30258 b

A BILL FOR

HB4409
LRB104 16848 BDA 30258 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 3 as follows:

6

(5 ILCS 140/3)

(from Ch. 116, par. 203)
7

Sec. 3.
(a) Each public body shall make available to any
8
person for inspection or copying all public records, except as
9
otherwise provided in Sections 7 and 8.5 of this Act.
10
Notwithstanding any other law, a public body may not grant to
11
any person or entity, whether by contract, license, or
12
otherwise, the exclusive right to access and disseminate any
13
public record as defined in this Act.
14

(b) Subject to the fee provisions of Section 6 of this Act,
15
each public body shall promptly provide, to any person who
16
submits a request, a copy of any public record required to be
17
disclosed by subsection (a) of this Section and shall certify
18
such copy if so requested.
19

(c) Requests for inspection or copies shall be made in
20
writing and directed to the public body. Written requests may
21
be submitted to a public body via personal delivery, mail,
22
telefax, or other means available to the public body.
23
Electronic requests under this Section must appear in their

HB4409
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LRB104 16848 BDA 30258 b
1
entirety within the body of the electronic submission. As a
2
cybersecurity measure, no public body shall be required to
3
open electronically attached files or hyperlinks to view or
4
access details of a request. A public body that receives a
5
request that would require the public body to open hyperlinks
6
or attached files shall, within 5 business days, notify the
7
requester of the requirement that the entirety of an
8
electronic request must appear within the body of the
9
electronic submission. A public body may honor oral requests
10
for inspection or copying. A public body may not require that a
11
request be submitted on a standard form or require the
12
requester to specify the purpose for a request, except to
13
determine whether the records are requested for a commercial
14
purpose or whether to grant a request for a fee waiver. All
15
requests for inspection and copying received by a public body
16
shall immediately be forwarded to its Freedom of Information
17
officer or designee.
18

(d) Each public body
, except for a law enforcement or
19
correctional agency,
shall, promptly, either comply with or
20
deny a request for public records within 5 business days after
21
its receipt of the request, unless the time for response is
22
properly extended under subsection (e) of this Section.
A law
23
enforcement or correctional agency shall, promptly, either
24
comply with or deny a request for public records within 15
25
business days after its receipt of the request, unless the
26
time for response is properly extended under subsection (e) of

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LRB104 16848 BDA 30258 b
1
this Section.
Denial shall be in writing as provided in
2
Section 9 of this Act. Failure to comply with a written
3
request, extend the time for response, or deny a request
4
within 5 business days after its receipt shall be considered a
5
denial of the request. A public body that fails to respond to a
6
request within the requisite periods in this Section but
7
thereafter provides the requester with copies of the requested
8
public records may not impose a fee for such copies. A public
9
body that fails to respond to a request received may not treat
10
the request as unduly burdensome under subsection (g).
11

(e) The time for response under this Section may be
12
extended by the public body
for not more than 5 business days
13
from the original due date
for any of the following reasons
for
14
the following periods of time
:
15

(i)
an extension for not more than 5 business days
16

from the original due date for the reason that
the
17

requested records are stored in whole or in part at other
18

locations than the office having charge of the requested
19

records;
20

(ii)
an extension for not more than 5 business days
21

from the original due date for the reason that
the request
22

requires the collection of a substantial number of
23

specified records;
24

(iii)
an extension for not more than 5 business days
25

from the original due date for the reason that
the request
26

is couched in categorical terms and requires an extensive

HB4409
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LRB104 16848 BDA 30258 b
1

search for the records responsive to it;
2

(iv)
an extension for not more than 5 business days
3

from the original due date for the reason that
the
4

requested records have not been located in the course of
5

routine search and additional efforts are being made to
6

locate them;
7

(v)
an extension for not more than 5 business days
8

from the original due date, except as provided under
9

paragraph (viii) of this subsection (e), for the reason
10

that
the requested records require examination and
11

evaluation by personnel having the necessary competence
12

and discretion to determine if they are exempt from
13

disclosure under Section 7 of this Act or should be
14

revealed only with appropriate deletions;
15

(vi)
an extension for not more than 5 business days
16

from the original due date for the reason that
the request
17

for records cannot be complied with by the public body
18

within the time limits prescribed by subsection (d) of
19

this Section without unduly burdening or interfering with
20

the operations of the public body;
21

(vii)
an extension for not more than 5 business days
22

from the original due date for the reason that
there is a
23

need for consultation, which shall be conducted with all
24

practicable speed, with another public body or among 2 or
25

more components of a public body having a substantial
26

interest in the determination or in the subject matter of

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LRB104 16848 BDA 30258 b
1

the request
; or

.
2

(viii) an extension for not more than 15 business days
3

from the original due date for the reason that the
4

requested records are records that are partially exempt
5

from disclosure under Section 7 of this Act but that
6

require blurring of body camera footage by a law
7

enforcement or correctional agency or other redactions by
8

a law enforcement or correctional agency before making the
9

remaining requested information available for inspection
10

and copying.
11

The person making a request and the public body may agree
12
in writing to extend the time for compliance for a period to be
13
determined by the parties. If the requester and the public
14
body agree to extend the period for compliance, a failure by
15
the public body to comply with any previous deadlines shall
16
not be treated as a denial of the request for the records.
17

(f) When additional time is required for any of the above
18
reasons, the public body shall, within 5 business days after
19
receipt of the request, notify the person making the request
20
of the reasons for the extension and the date by which the
21
response will be forthcoming. Failure to respond within the
22
time permitted for extension shall be considered a denial of
23
the request. A public body that fails to respond to a request
24
within the time permitted for extension but thereafter
25
provides the requester with copies of the requested public
26
records may not impose a fee for those copies. A public body

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1
that requests an extension and subsequently fails to respond
2
to the request may not treat the request as unduly burdensome
3
under subsection (g).
4

(g) Requests calling for all records falling within a
5
category shall be complied with unless compliance with the
6
request would be unduly burdensome for the complying public
7
body and there is no way to narrow the request and the burden
8
on the public body outweighs the public interest in the
9
information. Before invoking this exemption, the public body
10
shall extend to the person making the request an opportunity
11
to confer with it in an attempt to reduce the request to
12
manageable proportions. If any public body responds to a
13
categorical request by stating that compliance would unduly
14
burden its operation and the conditions described above are
15
met, it shall do so in writing, specifying the reasons why it
16
would be unduly burdensome and the extent to which compliance
17
will so burden the operations of the public body. Such a
18
response shall be treated as a denial of the request for
19
information.
20

Repeated requests from the same person for the same
21
records that are unchanged or identical to records previously
22
provided or properly denied under this Act shall be deemed
23
unduly burdensome under this provision.
24

(h) Each public body may promulgate rules and regulations
25
in conformity with the provisions of this Section pertaining
26
to the availability of records and procedures to be followed,

HB4409
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LRB104 16848 BDA 30258 b
1
including:
2

(i) the times and places where such records will be
3

made available, and
4

(ii) the persons from whom such records may be
5

obtained.
6

(i) The time periods for compliance or denial of a request
7
to inspect or copy records set out in this Section shall not
8
apply to requests for records made for a commercial purpose,
9
requests by a recurrent requester, or voluminous requests.
10
Such requests shall be subject to the provisions of Sections
11
3.1, 3.2, and 3.6 of this Act, as applicable.
12

(j) Within 5 business days after its receipt of the
13
request, a public body that has a reasonable belief that a
14
request was not submitted by a person may require the
15
requester to verify orally or in writing that the requester is
16
a person. The deadline for the public body to respond to the
17
request shall be tolled until the requester verifies that he
18
or she is a person. If the requester fails to verify that he or
19
she is a person within 30 days after the public body requests
20
such a verification, then the public body may deny the
21
request. For purposes of this subsection (j), a public body
22
may not require the requester to submit personal information,
23
private information, or identifying information to verify that
24
the requester is a person.
25
(Source: P.A. 104-438, eff. 1-1-26.)

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