Back to Illinois

HB5145 • 2026

FOIA-LAW ENFORCEMENT RECORDS

FOIA-LAW ENFORCEMENT RECORDS

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Suzanne M. Ness
Last action
2026-03-27
Official status
Rule 19(a) / Re-referred to Rules Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

FOIA-LAW ENFORCEMENT RECORDS

FOIA-LAW ENFORCEMENT RECORDS

What This Bill Does

  • FOIA-LAW ENFORCEMENT RECORDS

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-03-27 Illinois General Assembly

    Rule 19(a) / Re-referred to Rules Committee

  2. 2026-03-26 Illinois General Assembly

    To FOIA & OMA Subcommittee

  3. 2026-03-12 Illinois General Assembly

    Assigned to Executive Committee

  4. 2026-02-10 Illinois General Assembly

    First Reading

  5. 2026-02-10 Illinois General Assembly

    Referred to Rules Committee

  6. 2026-02-05 Illinois General Assembly

    Filed with the Clerk by Rep. Suzanne M. Ness

Official Summary Text

FOIA-LAW ENFORCEMENT RECORDS

Current Bill Text

Read the full stored bill text
Illinois General Assembly - Full Text of HB5145

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 HB5145

Home

Legislation

Full Text

HB5145 - 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
HB5145

Introduced 2/10/2026, by Rep. Suzanne M. Ness

SYNOPSIS AS INTRODUCED:

5 ILCS 140/1

from Ch. 116, par. 201
5 ILCS 140/6

from Ch. 116, par. 206
5 ILCS 140/7

Amends the Freedom of Information Act. Specifies that the Act is not
intended to circumvent the process used by the courts to address whether
arrest and booking records, mug shots, body-worn camera footage, in-car
camera footage, 9-1-1 audio files, crime scene photographs, or other
similar law enforcement records are to be made publicly available, except
when those records may be relevant to a current or potential case or claim
by the requester. Increases the cap on the fee that may be imposed for
black and white copies from 15 cents per page to 25 cents per page. Makes
changes to the fees public bodies may charge for time spent by personnel in
searching for and retrieving a requested record or examining the record
for necessary redactions. Exempts from disclosure under the Act specified
law enforcement records, except when those records may be relevant to a
current or potential case or claim by the requester.
LRB104 20125 BDA 33576 b

A BILL FOR

HB5145
LRB104 20125 BDA 33576 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 Sections 1, 6, and 7 as follows:

6

(5 ILCS 140/1)

(from Ch. 116, par. 201)
7

Sec. 1.
Pursuant to the fundamental philosophy of the
8
American constitutional form of government, it is declared to
9
be the public policy of the State of Illinois that all persons
10
are entitled to full and complete information regarding the
11
affairs of government and the official acts and policies of
12
those who represent them as public officials and public
13
employees consistent with the terms of this Act. Such access
14
is necessary to enable the people to fulfill their duties of
15
discussing public issues fully and freely, making informed
16
political judgments and monitoring government to ensure that
17
it is being conducted in the public interest.
18

The General Assembly hereby declares that it is the public
19
policy of the State of Illinois that access by all persons to
20
public records promotes the transparency and accountability of
21
public bodies at all levels of government. It is a fundamental
22
obligation of government to operate openly and provide public
23
records as expediently and efficiently as possible in

HB5145
- 2 -
LRB104 20125 BDA 33576 b
1
compliance with this Act.
2

This Act is not intended to cause an unwarranted invasion
3
of personal privacy, nor to allow the requests of a commercial
4
enterprise to unduly burden public resources, or to disrupt
5
the duly-undertaken work of any public body independent of the
6
fulfillment of any of the fore-mentioned rights of the people
7
to access to information.
8

This Act is not intended to create an obligation on the
9
part of any public body to maintain or prepare any public
10
record which was not maintained or prepared by such public
11
body at the time when this Act becomes effective, except as
12
otherwise required by applicable local, State or federal law.
13

This Act is not intended to circumvent the process used by
14
the courts to address whether arrest and booking records, mug
15
shots, body-worn camera footage, in-car camera footage, 9-1-1
16
audio files, crime scene photographs, or other similar law
17
enforcement records are to be made publicly available, except
18
as those records may be relevant to a current or potential case
19
or claim by the requester.

20

Restraints on access to information, to the extent
21
permitted by this Act, are limited exceptions to the principle
22
that the people of this State have a right to full disclosure
23
of information relating to the decisions, policies,
24
procedures, rules, standards, and other aspects of government
25
activity that affect the conduct of government and the lives
26
of any or all of the people. The provisions of this Act shall

HB5145
- 3 -
LRB104 20125 BDA 33576 b
1
be construed in accordance with this principle. This Act shall
2
be construed to require disclosure of requested information as
3
expediently and efficiently as possible and adherence to the
4
deadlines established in this Act.
5

The General Assembly recognizes that this Act imposes
6
fiscal obligations on public bodies to provide adequate staff
7
and equipment to comply with its requirements. The General
8
Assembly declares that providing records in compliance with
9
the requirements of this Act is a primary duty of public bodies
10
to the people of this State, and this Act should be construed
11
to this end, fiscal obligations notwithstanding.
12

The General Assembly further recognizes that technology
13
may advance at a rate that outpaces its ability to address
14
those advances legislatively. To the extent that this Act may
15
not expressly apply to those technological advances, this Act
16
should nonetheless be interpreted to further the declared
17
policy of this Act that public records shall be made available
18
upon request except when denial of access furthers the public
19
policy underlying a specific exemption.
20

This Act shall be the exclusive State statute on freedom
21
of information, except to the extent that other State statutes
22
might create additional restrictions on disclosure of
23
information or other laws in Illinois might create additional
24
obligations for disclosure of information to the public.
25
(Source: P.A. 96-542, eff. 1-1-10.)

HB5145
- 4 -
LRB104 20125 BDA 33576 b
1

(5 ILCS 140/6)

(from Ch. 116, par. 206)
2

Sec. 6.
Authority to charge fees.
3

(a) When a person requests a copy of a record maintained in
4
an electronic format, the public body shall furnish it in the
5
electronic format specified by the requester, if feasible. If
6
it is not feasible to furnish the public records in the
7
specified electronic format, then the public body shall
8
furnish it in the format in which it is maintained by the
9
public body, or in paper format at the option of the requester.
10
A public body may charge the requester for the actual cost of
11
purchasing the recording medium, whether disc, diskette, tape,
12
or other medium. If a request is not a request for a commercial
13
purpose or a voluminous request, a public body may not charge
14
the requester for the costs of any search for and review of the
15
records or other personnel costs associated with reproducing
16
the records. Except to the extent that the General Assembly
17
expressly provides, statutory fees applicable to copies of
18
public records when furnished in a paper format shall not be
19
applicable to those records when furnished in an electronic
20
format.
21

(a-5) If a voluminous request is for electronic records
22
and those records are not in a portable document format (PDF),
23
the public body may charge up to $20 for not more than 2
24
megabytes of data, up to $40 for more than 2 but not more than
25
4 megabytes of data, and up to $100 for more than 4 megabytes
26
of data. If a voluminous request is for electronic records and

HB5145
- 5 -
LRB104 20125 BDA 33576 b
1
those records are in a portable document format, the public
2
body may charge up to $20 for not more than 80 megabytes of
3
data, up to $40 for more than 80 megabytes but not more than
4
160 megabytes of data, and up to $100 for more than 160
5
megabytes of data. If the responsive electronic records are in
6
both a portable document format and not in a portable document
7
format, the public body may separate the fees and charge the
8
requester under both fee scales.
9

If a public body imposes a fee pursuant to this subsection
10
(a-5), it must provide the requester with an accounting of all
11
fees, costs, and personnel hours in connection with the
12
request for public records.
13

(b) Except when a fee is otherwise fixed by statute, each
14
public body may charge fees reasonably calculated to reimburse
15
its actual cost for reproducing and certifying public records
16
and for the use, by any person, of the equipment of the public
17
body to copy records. No fees shall be charged for the first 50
18
pages of black and white, letter or legal sized copies
19
requested by a requester. The fee for black and white, letter
20
or legal sized copies shall not exceed
25

15
cents per page. If
21
a public body provides copies in color or in a size other than
22
letter or legal, the public body may not charge more than its
23
actual cost for reproducing the records. In calculating its
24
actual cost for reproducing records or for the use of the
25
equipment of the public body to reproduce records, a public
26
body shall not include the costs of any search for and review

HB5145
- 6 -
LRB104 20125 BDA 33576 b
1
of the records or other personnel costs associated with
2
reproducing the records, except for commercial requests as
3
provided in subsection (f) of this Section. Such fees shall be
4
imposed according to a standard scale of fees, established and
5
made public by the body imposing them. The cost for certifying
6
a record shall not exceed $1.
7

(c) Documents shall be furnished without charge or at a
8
reduced charge, as determined by the public body, if the
9
person requesting the documents states the specific purpose
10
for the request and indicates that a waiver or reduction of the
11
fee is in the public interest. Waiver or reduction of the fee
12
is in the public interest if the principal purpose of the
13
request is to access and disseminate information regarding the
14
health, safety and welfare or the legal rights of the general
15
public and is not for the principal purpose of personal or
16
commercial benefit. For purposes of this subsection,
17
"commercial benefit" shall not apply to requests made by news
18
media when the principal purpose of the request is to access
19
and disseminate information regarding the health, safety, and
20
welfare or the legal rights of the general public. In setting
21
the amount of the waiver or reduction, the public body may take
22
into consideration the amount of materials requested and the
23
cost of copying them.
24

(d) The imposition of a fee not consistent with
25
subsections (6)(a) and (b) of this Act constitutes a denial of
26
access to public records for the purposes of judicial review.

HB5145
- 7 -
LRB104 20125 BDA 33576 b
1

(e) The fee for each abstract of a driver's record shall be
2
as provided in Section 6-118 of "The Illinois Vehicle Code",
3
approved September 29, 1969, as amended, whether furnished as
4
a paper copy or as an electronic copy.
5

(f) A public body may charge up to
one-quarter of the
6
current hourly wage paid by the public body

$10
for each
7
quarter
hour spent by personnel in searching for and
8
retrieving a requested record or examining the record for
9
necessary redactions. No fees shall be charged for the first
10
hour

8 hours
spent by personnel in searching for or retrieving
11
a requested record. A public body may charge the actual cost of
12
retrieving and transporting public records from an off-site
13
storage facility when the public records are maintained by a
14
third-party storage company under contract with the public
15
body. If a public body imposes a fee pursuant to this
16
subsection (f), it must provide the requester with an
17
accounting of all fees, costs, and personnel hours in
18
connection with the request for public records. The provisions
19
of this subsection (f) apply only to commercial requests.
20
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)

21

(5 ILCS 140/7)
22

(Text of Section before amendment by P.A. 104-300
)
23

Sec. 7.
Exemptions.
24

(1) When a request is made to inspect or copy a public
25
record that contains information that is exempt from

HB5145
- 8 -
LRB104 20125 BDA 33576 b
1
disclosure under this Section, but also contains information
2
that is not exempt from disclosure, the public body may elect
3
to redact the information that is exempt. The public body
4
shall make the remaining information available for inspection
5
and copying. Subject to this requirement, the following shall
6
be exempt from inspection and copying:
7

(a) Information specifically prohibited from
8

disclosure by federal or State law or rules and
9

regulations implementing federal or State law.
10

(b) Private information, unless disclosure is required
11

by another provision of this Act, a State or federal law,
12

or a court order.
13

(b-5) Files, documents, and other data or databases
14

maintained by one or more law enforcement agencies and
15

specifically designed to provide information to one or
16

more law enforcement agencies regarding the physical or
17

mental status of one or more individual subjects.
18

(c) Personal information contained within public
19

records, the disclosure of which would constitute a
20

clearly unwarranted invasion of personal privacy, unless
21

the disclosure is consented to in writing by the
22

individual subjects of the information. "Unwarranted
23

invasion of personal privacy" means the disclosure of
24

information that is highly personal or objectionable to a
25

reasonable person and in which the subject's right to
26

privacy outweighs any legitimate public interest in

HB5145
- 9 -
LRB104 20125 BDA 33576 b
1

obtaining the information. The disclosure of information
2

that bears on the public duties of public employees and
3

officials shall not be considered an invasion of personal
4

privacy.
5

(d) 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, but only to the
9

extent that disclosure would:
10

(i) interfere with pending or actually and
11

reasonably contemplated law enforcement proceedings
12

conducted by any law enforcement or correctional
13

agency that is the recipient of the request;
14

(ii) interfere with active administrative
15

enforcement proceedings conducted by the public body
16

that is the recipient of the request;
17

(iii) create a substantial likelihood that a
18

person will be deprived of a fair trial or an impartial
19

hearing;
20

(iv) unavoidably disclose the identity of a
21

confidential source, confidential information
22

furnished only by the confidential source, or persons
23

who file complaints with or provide information to
24

administrative, investigative, law enforcement, or
25

penal agencies; except that the identities of
26

witnesses to traffic crashes, traffic crash reports,

HB5145
- 10 -
LRB104 20125 BDA 33576 b
1

and rescue reports shall be provided by agencies of
2

local government, except when disclosure would
3

interfere with an active criminal investigation
4

conducted by the agency that is the recipient of the
5

request;
6

(v) disclose unique or specialized investigative
7

techniques other than those generally used and known
8

or disclose internal documents of correctional
9

agencies related to detection, observation, or
10

investigation of incidents of crime or misconduct, and
11

disclosure would result in demonstrable harm to the
12

agency or public body that is the recipient of the
13

request;
14

(vi) endanger the life or physical safety of law
15

enforcement personnel or any other person; or
16

(vii) obstruct an ongoing criminal investigation
17

by the agency that is the recipient of the request.
18

(d-5) A law enforcement record created for law
19

enforcement purposes and contained in a shared electronic
20

record management system if the law enforcement agency or
21

criminal justice agency that is the recipient of the
22

request did not create the record, did not participate in
23

or have a role in any of the events which are the subject
24

of the record, and only has access to the record through
25

the shared electronic record management system. As used in
26

this subsection (d-5), "criminal justice agency" means the

HB5145
- 11 -
LRB104 20125 BDA 33576 b
1

Illinois Criminal Justice Information Authority or the
2

Illinois Sentencing Policy Advisory Council.
3

(d-6) Records contained in the Officer Professional
4

Conduct Database under Section 9.2 of the Illinois Police
5

Training Act, except to the extent authorized under that
6

Section. This includes the documents supplied to the
7

Illinois Law Enforcement Training Standards Board from the
8

Illinois State Police and Illinois State Police Merit
9

Board.
10

(d-7) Information gathered or records created from the
11

use of automatic license plate readers in connection with
12

Section 2-130 of the Illinois Vehicle Code.
13

(e) Records that relate to or affect the security of
14

correctional institutions and detention facilities.
15

(e-5) Records requested by persons committed to the
16

Department of Corrections, Department of Human Services
17

Division of Mental Health, or a county jail if those
18

materials are available in the library of the correctional
19

institution or facility or jail where the inmate is
20

confined.
21

(e-6) Records requested by persons committed to the
22

Department of Corrections, Department of Human Services
23

Division of Mental Health, or a county jail if those
24

materials include records from staff members' personnel
25

files, staff rosters, or other staffing assignment
26

information.

HB5145
- 12 -
LRB104 20125 BDA 33576 b
1

(e-7) Records requested by persons committed to the
2

Department of Corrections or Department of Human Services
3

Division of Mental Health if those materials are available
4

through an administrative request to the Department of
5

Corrections or Department of Human Services Division of
6

Mental Health.
7

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

Department of Corrections, Department of Human Services
9

Division of Mental Health, or a county jail, the
10

disclosure of which would result in the risk of harm to any
11

person or the risk of an escape from a jail or correctional
12

institution or facility.
13

(e-9) Records requested by a person in a county jail
14

or committed to the Department of Corrections or
15

Department of Human Services Division of Mental Health,
16

containing personal information pertaining to the person's
17

victim or the victim's family, including, but not limited
18

to, a victim's home address, home telephone number, work
19

or school address, work telephone number, social security
20

number, or any other identifying information, except as
21

may be relevant to a requester's current or potential case
22

or claim.
23

(e-10) Law enforcement records of other persons
24

requested by a person committed to the Department of
25

Corrections, Department of Human Services Division of
26

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

HB5145
- 13 -
LRB104 20125 BDA 33576 b
1

limited to, arrest and booking records, mug shots,
police
2

reports, body-worn camera footage, in-car camera footage,

3

and crime scene photographs, except as these records may
4

be relevant to the requester's current or potential case
5

or claim.
6

(e-11) Law enforcement records of other persons
7

requested by a person or news media, including, but not
8

limited to, arrest and booking records if published
9

publicly, mug shots if published publicly, body-worn
10

camera footage, in-car camera footage, 9-1-1 audio files,
11

crime scene photographs, or other similar law enforcement
12

records, except as these records may be relevant to the
13

requester's current or potential case or claim.

14

(e-12) Law enforcement records requested by a person
15

in a manner that circumvents the process used by the
16

courts to address whether arrest and booking records, mug
17

shots, body-worn camera footage, in-car camera footage,
18

911 audio files, crime scene photographs, or other similar
19

law enforcement records are to be made publicly available,
20

except as these records may be relevant to the requester's
21

current or potential case or claim.

22

(f) Preliminary drafts, notes, recommendations,
23

memoranda, and other records in which opinions are
24

expressed, or policies or actions are formulated, except
25

that a specific record or relevant portion of a record
26

shall not be exempt when the record is publicly cited and

HB5145
- 14 -
LRB104 20125 BDA 33576 b
1

identified by the head of the public body. The exemption
2

provided in this paragraph (f) extends to all those
3

records of officers and agencies of the General Assembly
4

that pertain to the preparation of legislative documents.
5

(g) Trade secrets and commercial or financial
6

information obtained from a person or business where the
7

trade secrets or commercial or financial information are
8

furnished under a claim that they are proprietary,
9

privileged, or confidential, and that disclosure of the
10

trade secrets or commercial or financial information would
11

cause competitive harm to the person or business, and only
12

insofar as the claim directly applies to the records
13

requested.
14

The information included under this exemption includes
15

all trade secrets and commercial or financial information
16

obtained by a public body, including a public pension
17

fund, from a private equity fund or a privately held
18

company within the investment portfolio of a private
19

equity fund as a result of either investing or evaluating
20

a potential investment of public funds in a private equity
21

fund. The exemption contained in this item does not apply
22

to the aggregate financial performance information of a
23

private equity fund, nor to the identity of the fund's
24

managers or general partners. The exemption contained in
25

this item does not apply to the identity of a privately
26

held company within the investment portfolio of a private

HB5145
- 15 -
LRB104 20125 BDA 33576 b
1

equity fund, unless the disclosure of the identity of a
2

privately held company may cause competitive harm.
3

Nothing contained in this paragraph (g) shall be
4

construed to prevent a person or business from consenting
5

to disclosure.
6

(h) Proposals and bids for any contract, grant, or
7

agreement, including information which if it were
8

disclosed would frustrate procurement or give an advantage
9

to any person proposing to enter into a contractor
10

agreement with the body, until an award or final selection
11

is made. Information prepared by or for the body in
12

preparation of a bid solicitation shall be exempt until an
13

award or final selection is made.
14

(i) Valuable formulae, computer geographic systems,
15

designs, drawings, and research data obtained or produced
16

by any public body when disclosure could reasonably be
17

expected to produce private gain or public loss. The
18

exemption for "computer geographic systems" provided in
19

this paragraph (i) does not extend to requests made by
20

news media as defined in Section 2 of this Act when the
21

requested information is not otherwise exempt and the only
22

purpose of the request is to access and disseminate
23

information regarding the health, safety, welfare, or
24

legal rights of the general public.
25

(j) The following information pertaining to
26

educational matters:

HB5145
- 16 -
LRB104 20125 BDA 33576 b
1

(i) test questions, scoring keys, and other
2

examination data used to administer an academic
3

examination;
4

(ii) information received by a primary or
5

secondary school, college, or university under its
6

procedures for the evaluation of faculty members by
7

their academic peers;
8

(iii) information concerning a school or
9

university's adjudication of student disciplinary
10

cases, but only to the extent that disclosure would
11

unavoidably reveal the identity of the student; and
12

(iv) course materials or research materials used
13

by faculty members.
14

(k) Architects' plans, engineers' technical
15

submissions, and other construction related technical
16

documents for projects not constructed or developed in
17

whole or in part with public funds and the same for
18

projects constructed or developed with public funds,
19

including, but not limited to, power generating and
20

distribution stations and other transmission and
21

distribution facilities, water treatment facilities,
22

airport facilities, sport stadiums, convention centers,
23

and all government owned, operated, or occupied buildings,
24

but only to the extent that disclosure would compromise
25

security.
26

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

HB5145
- 17 -
LRB104 20125 BDA 33576 b
1

public as provided in the Open Meetings Act until the
2

public body makes the minutes available to the public
3

under Section 2.06 of the Open Meetings Act.
4

(m) Communications between a public body and an
5

attorney or auditor representing the public body that
6

would not be subject to discovery in litigation, and
7

materials prepared or compiled by or for a public body in
8

anticipation of a criminal, civil, or administrative
9

proceeding upon the request of an attorney advising the
10

public body, and materials prepared or compiled with
11

respect to internal audits of public bodies.
12

(n) Records relating to a public body's adjudication
13

of employee grievances or disciplinary cases; however,
14

this exemption shall not extend to the final outcome of
15

cases in which discipline is imposed.
16

(o) Administrative or technical information associated
17

with automated data processing operations, including, but
18

not limited to, software, operating protocols, computer
19

program abstracts, file layouts, source listings, object
20

modules, load modules, user guides, documentation
21

pertaining to all logical and physical design of
22

computerized systems, employee manuals, and any other
23

information that, if disclosed, would jeopardize the
24

security of the system or its data or the security of
25

materials exempt under this Section.
26

(p) Records relating to collective negotiating matters

HB5145
- 18 -
LRB104 20125 BDA 33576 b
1

between public bodies and their employees or
2

representatives, except that any final contract or
3

agreement shall be subject to inspection and copying.
4

(q) Test questions, scoring keys, and other
5

examination data used to determine the qualifications of
6

an applicant for a license or employment.
7

(r) The records, documents, and information relating
8

to real estate purchase negotiations until those
9

negotiations have been completed or otherwise terminated.
10

With regard to a parcel involved in a pending or actually
11

and reasonably contemplated eminent domain proceeding
12

under the Eminent Domain Act, records, documents, and
13

information relating to that parcel shall be exempt except
14

as may be allowed under discovery rules adopted by the
15

Illinois Supreme Court. The records, documents, and
16

information relating to a real estate sale shall be exempt
17

until a sale is consummated.
18

(s) Any and all proprietary information and records
19

related to the operation of an intergovernmental risk
20

management association or self-insurance pool or jointly
21

self-administered health and accident cooperative or pool.
22

Insurance or self-insurance (including any
23

intergovernmental risk management association or
24

self-insurance pool) claims, loss or risk management
25

information, records, data, advice, or communications.
26

(t) Information contained in or related to

HB5145
- 19 -
LRB104 20125 BDA 33576 b
1

examination, operating, or condition reports prepared by,
2

on behalf of, or for the use of a public body responsible
3

for the regulation or supervision of financial
4

institutions, insurance companies, or pharmacy benefit
5

managers, unless disclosure is otherwise required by State
6

law.
7

(u) Information that would disclose or might lead to
8

the disclosure of secret or confidential information,
9

codes, algorithms, programs, or private keys intended to
10

be used to create electronic signatures under the Uniform
11

Electronic Transactions Act.
12

(v) Vulnerability assessments, security measures, and
13

response policies or plans that are designed to identify,
14

prevent, or respond to potential attacks upon a
15

community's population or systems, facilities, or
16

installations, but only to the extent that disclosure
17

could reasonably be expected to expose the vulnerability
18

or jeopardize the effectiveness of the measures, policies,
19

or plans, or the safety of the personnel who implement
20

them or the public. Information exempt under this item may
21

include such things as details pertaining to the
22

mobilization or deployment of personnel or equipment, to
23

the operation of communication systems or protocols, to
24

cybersecurity vulnerabilities, or to tactical operations.
25

(w) (Blank).
26

(x) Maps and other records regarding the location or

HB5145
- 20 -
LRB104 20125 BDA 33576 b
1

security of generation, transmission, distribution,
2

storage, gathering, treatment, or switching facilities
3

owned by a utility, by a power generator, or by the
4

Illinois Power Agency.
5

(y) Information contained in or related to proposals,
6

bids, or negotiations related to electric power
7

procurement under Section 1-75 of the Illinois Power
8

Agency Act and Section 16-111.5 of the Public Utilities
9

Act that is determined to be confidential and proprietary
10

by the Illinois Power Agency or by the Illinois Commerce
11

Commission.
12

(z) Information about students exempted from
13

disclosure under Section 10-20.38 or 34-18.29 of the
14

School Code, and information about undergraduate students
15

enrolled at an institution of higher education exempted
16

from disclosure under Section 25 of the Illinois Credit
17

Card Marketing Act of 2009.
18

(aa) Information the disclosure of which is exempted
19

under the Viatical Settlements Act of 2009.
20

(bb) Records and information provided to a mortality
21

review team and records maintained by a mortality review
22

team appointed under the Department of Juvenile Justice
23

Mortality Review Team Act.
24

(cc) Information regarding interments, entombments, or
25

inurnments of human remains that are submitted to the
26

Cemetery Oversight Database under the Cemetery Care Act or

HB5145
- 21 -
LRB104 20125 BDA 33576 b
1

the Cemetery Oversight Act, whichever is applicable.
2

(dd) Correspondence and records (i) that may not be
3

disclosed under Section 11-9 of the Illinois Public Aid
4

Code or (ii) that pertain to appeals under Section 11-8 of
5

the Illinois Public Aid Code.
6

(ee) The names, addresses, or other personal
7

information of persons who are minors and are also
8

participants and registrants in programs of park
9

districts, forest preserve districts, conservation
10

districts, recreation agencies, and special recreation
11

associations.
12

(ff) The names, addresses, or other personal
13

information of participants and registrants in programs of
14

park districts, forest preserve districts, conservation
15

districts, recreation agencies, and special recreation
16

associations where such programs are targeted primarily to
17

minors.
18

(gg) Confidential information described in Section
19

1-100 of the Illinois Independent Tax Tribunal Act of
20

2012.
21

(hh) The report submitted to the State Board of
22

Education by the School Security and Standards Task Force
23

under item (8) of subsection (d) of Section 2-3.160 of the
24

School Code and any information contained in that report.
25

(ii) Records requested by persons committed to or
26

detained by the Department of Human Services under the

HB5145
- 22 -
LRB104 20125 BDA 33576 b
1

Sexually Violent Persons Commitment Act or committed to
2

the Department of Corrections under the Sexually Dangerous
3

Persons Act if those materials: (i) are available in the
4

library of the facility where the individual is confined;
5

(ii) include records from staff members' personnel files,
6

staff rosters, or other staffing assignment information;
7

or (iii) are available through an administrative request
8

to the Department of Human Services or the Department of
9

Corrections.
10

(jj) Confidential information described in Section
11

5-535 of the Civil Administrative Code of Illinois.
12

(kk) The public body's credit card numbers, debit card
13

numbers, bank account numbers, Federal Employer
14

Identification Number, security code numbers, passwords,
15

and similar account information, the disclosure of which
16

could result in identity theft or impression or defrauding
17

of a governmental entity or a person.
18

(ll) Records concerning the work of the threat
19

assessment team of a school district, including, but not
20

limited to, any threat assessment procedure under the
21

School Safety Drill Act and any information contained in
22

the procedure.
23

(mm) Information prohibited from being disclosed under
24

subsections (a) and (b) of Section 15 of the Student
25

Confidential Reporting Act.
26

(nn) Proprietary information submitted to the

HB5145
- 23 -
LRB104 20125 BDA 33576 b
1

Environmental Protection Agency under the Drug Take-Back
2

Act.
3

(oo) Records described in subsection (f) of Section
4

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

(pp) Any and all information regarding burials,
6

interments, or entombments of human remains as required to
7

be reported to the Department of Natural Resources
8

pursuant either to the Archaeological and Paleontological
9

Resources Protection Act or the Human Remains Protection
10

Act.
11

(qq) Reports described in subsection (e) of Section
12

16-15 of the Abortion Care Clinical Training Program Act.
13

(rr) Information obtained by a certified local health
14

department under the Access to Public Health Data Act.
15

(ss) For a request directed to a public body that is
16

also a HIPAA-covered entity, all information that is
17

protected health information, including demographic
18

information, that may be contained within or extracted
19

from any record held by the public body in compliance with
20

State and federal medical privacy laws and regulations,
21

including, but not limited to, the Health Insurance
22

Portability and Accountability Act and its regulations, 45
23

CFR Parts 160 and 164. As used in this paragraph,
24

"HIPAA-covered entity" has the meaning given to the term
25

"covered entity" in 45 CFR 160.103 and "protected health
26

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

HB5145
- 24 -
LRB104 20125 BDA 33576 b
1

160.103.
2

(tt) Proposals or bids submitted by engineering
3

consultants in response to requests for proposal or other
4

competitive bidding requests by the Department of
5

Transportation or the Illinois Toll Highway Authority.
6

(uu) Documents that, pursuant to the State of
7

Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
8

Commission and the corresponding requirement to maintain
9

compatibility with the National Materials Program, have
10

been determined to be security sensitive. These documents
11

include information classified as safeguards,
12

safeguards-modified, and sensitive unclassified
13

nonsafeguards information, as identified in U.S. Nuclear
14

Regulatory Commission regulatory information summaries,
15

security advisories, and other applicable communications
16

or regulations related to the control and distribution of
17

security sensitive information.
18

(1.5) Any information exempt from disclosure under the
19
Judicial Privacy Act shall be redacted from public records
20
prior to disclosure under this Act.
21

(1.6) Any information exempt from disclosure under the
22
Public Official Safety and Privacy Act shall be redacted from
23
public records prior to disclosure under this Act.
24

(1.7) Any information exempt from disclosure under
25
paragraph (3.5) of Section 9-15 of the Election Code shall be
26
redacted from public records prior to disclosure under this

HB5145
- 25 -
LRB104 20125 BDA 33576 b
1
Act.
2

(2) A public record that is not in the possession of a
3
public body but is in the possession of a party with whom the
4
agency has contracted to perform a governmental function on
5
behalf of the public body, and that directly relates to the
6
governmental function and is not otherwise exempt under this
7
Act, shall be considered a public record of the public body,
8
for purposes of this Act.
9

(3) This Section does not authorize withholding of
10
information or limit the availability of records to the
11
public, except as stated in this Section or otherwise provided
12
in this Act.
13
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
14
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
15
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
16
eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26;
17
revised 1-7-26.)

18

(Text of Section after amendment by P.A. 104-300
)
19

Sec. 7.
Exemptions.
20

(1) When a request is made to inspect or copy a public
21
record that contains information that is exempt from
22
disclosure under this Section, but also contains information
23
that is not exempt from disclosure, the public body may elect
24
to redact the information that is exempt. The public body
25
shall make the remaining information available for inspection

HB5145
- 26 -
LRB104 20125 BDA 33576 b
1
and copying. Subject to this requirement, the following shall
2
be exempt from inspection and copying:
3

(a) Records created or compiled by a State public
4

defender agency or commission subject to the State Public
5

Defender Act that contain: individual client identity;
6

individual case file information; individual investigation
7

records and other records that are otherwise subject to
8

attorney-client privilege; records that would not be
9

discoverable in litigation; records under Section 2.15;
10

training materials; records related to attorney
11

consultation and representation strategy; or any of the
12

above concerning clients of county public defenders or
13

other defender agencies and firms. This exclusion does not
14

apply to deidentified, aggregated, administrative records,
15

such as general case processing and workload information.
16

(a-5) 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
24

specifically designed to provide information to one or
25

more law enforcement agencies regarding the physical or
26

mental status of one or more individual subjects.

HB5145
- 27 -
LRB104 20125 BDA 33576 b
1

(c) Personal information contained within public
2

records, the disclosure of which would constitute a
3

clearly unwarranted invasion of personal privacy, unless
4

the disclosure is consented to in writing by the
5

individual subjects of the information. "Unwarranted
6

invasion of personal privacy" means the disclosure of
7

information that is highly personal or objectionable to a
8

reasonable person and in which the subject's right to
9

privacy outweighs any legitimate public interest in
10

obtaining the information. The disclosure of information
11

that bears on the public duties of public employees and
12

officials shall not be considered an invasion of personal
13

privacy.
14

(d) Records in the possession of any public body
15

created in the course of administrative enforcement
16

proceedings, and any law enforcement or correctional
17

agency for law enforcement purposes, but only to the
18

extent that disclosure would:
19

(i) interfere with pending or actually and
20

reasonably contemplated law enforcement proceedings
21

conducted by any law enforcement or correctional
22

agency that is the recipient of the request;
23

(ii) interfere with active administrative
24

enforcement proceedings conducted by the public body
25

that is the recipient of the request;
26

(iii) create a substantial likelihood that a

HB5145
- 28 -
LRB104 20125 BDA 33576 b
1

person will be deprived of a fair trial or an impartial
2

hearing;
3

(iv) unavoidably disclose the identity of a
4

confidential source, confidential information
5

furnished only by the confidential source, or persons
6

who file complaints with or provide information to
7

administrative, investigative, law enforcement, or
8

penal agencies; except that the identities of
9

witnesses to traffic crashes, traffic crash reports,
10

and rescue reports shall be provided by agencies of
11

local government, except when disclosure would
12

interfere with an active criminal investigation
13

conducted by the agency that is the recipient of the
14

request;
15

(v) disclose unique or specialized investigative
16

techniques other than those generally used and known
17

or disclose internal documents of correctional
18

agencies related to detection, observation, or
19

investigation of incidents of crime or misconduct, and
20

disclosure would result in demonstrable harm to the
21

agency or public body that is the recipient of the
22

request;
23

(vi) endanger the life or physical safety of law
24

enforcement personnel or any other person; or
25

(vii) obstruct an ongoing criminal investigation
26

by the agency that is the recipient of the request.

HB5145
- 29 -
LRB104 20125 BDA 33576 b
1

(d-5) A law enforcement record created for law
2

enforcement purposes and contained in a shared electronic
3

record management system if the law enforcement agency or
4

criminal justice agency that is the recipient of the
5

request did not create the record, did not participate in
6

or have a role in any of the events which are the subject
7

of the record, and only has access to the record through
8

the shared electronic record management system. As used in
9

this subsection (d-5), "criminal justice agency" means the
10

Illinois Criminal Justice Information Authority or the
11

Illinois Sentencing Policy Advisory Council.
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

HB5145
- 30 -
LRB104 20125 BDA 33576 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

HB5145
- 31 -
LRB104 20125 BDA 33576 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,
police
11

reports, body-worn camera footage, in-car camera footage,

12

and crime scene photographs, except as these records may
13

be relevant to the requester's current or potential case
14

or claim.
15

(e-11) Law enforcement records of other persons
16

requested by a person or news media, including, but not
17

limited to, arrest and booking records if published
18

publicly, mug shots if published publicly, body-worn
19

camera footage, in-car camera footage, 911 audio files,
20

crime scene photographs, or other similar law enforcement
21

records, except as these records may be relevant to the
22

requester's current or potential case or claim.

23

(e-12) Law enforcement records requested by a person
24

in a manner that circumvents the process used by the
25

courts to address whether arrest and booking records, mug
26

shots, body-worn camera footage, in-car camera footage,

HB5145
- 32 -
LRB104 20125 BDA 33576 b
1

911 audio files, crime scene photographs, or other similar
2

law enforcement records are to be made publicly available,
3

except as these records may be relevant to the requester's
4

current or potential case or claim.

5

(f) Preliminary drafts, notes, recommendations,
6

memoranda, and other records in which opinions are
7

expressed, or policies or actions are formulated, except
8

that a specific record or relevant portion of a record
9

shall not be exempt when the record is publicly cited and
10

identified by the head of the public body. The exemption
11

provided in this paragraph (f) extends to all those
12

records of officers and agencies of the General Assembly
13

that pertain to the preparation of legislative documents.
14

(g) Trade secrets and commercial or financial
15

information obtained from a person or business where the
16

trade secrets or commercial or financial information are
17

furnished under a claim that they are proprietary,
18

privileged, or confidential, and that disclosure of the
19

trade secrets or commercial or financial information would
20

cause competitive harm to the person or business, and only
21

insofar as the claim directly applies to the records
22

requested.
23

The information included under this exemption includes
24

all trade secrets and commercial or financial information
25

obtained by a public body, including a public pension
26

fund, from a private equity fund or a privately held

HB5145
- 33 -
LRB104 20125 BDA 33576 b
1

company within the investment portfolio of a private
2

equity fund as a result of either investing or evaluating
3

a potential investment of public funds in a private equity
4

fund. The exemption contained in this item does not apply
5

to the aggregate financial performance information of a
6

private equity fund, nor to the identity of the fund's
7

managers or general partners. The exemption contained in
8

this item does not apply to the identity of a privately
9

held company within the investment portfolio of a private
10

equity fund, unless the disclosure of the identity of a
11

privately held company may cause competitive harm.
12

Nothing contained in this paragraph (g) shall be
13

construed to prevent a person or business from consenting
14

to disclosure.
15

(h) Proposals and bids for any contract, grant, or
16

agreement, including information which if it were
17

disclosed would frustrate procurement or give an advantage
18

to any person proposing to enter into a contractor
19

agreement with the body, until an award or final selection
20

is made. Information prepared by or for the body in
21

preparation of a bid solicitation shall be exempt until an
22

award or final selection is made.
23

(i) Valuable formulae, computer geographic systems,
24

designs, drawings, and research data obtained or produced
25

by any public body when disclosure could reasonably be
26

expected to produce private gain or public loss. The

HB5145
- 34 -
LRB104 20125 BDA 33576 b
1

exemption for "computer geographic systems" provided in
2

this paragraph (i) does not extend to requests made by
3

news media as defined in Section 2 of this Act when the
4

requested information is not otherwise exempt and the only
5

purpose of the request is to access and disseminate
6

information regarding the health, safety, welfare, or
7

legal rights of the general public.
8

(j) The following information pertaining to
9

educational matters:
10

(i) test questions, scoring keys, and other
11

examination data used to administer an academic
12

examination;
13

(ii) information received by a primary or
14

secondary school, college, or university under its
15

procedures for the evaluation of faculty members by
16

their academic peers;
17

(iii) information concerning a school or
18

university's adjudication of student disciplinary
19

cases, but only to the extent that disclosure would
20

unavoidably reveal the identity of the student; and
21

(iv) course materials or research materials used
22

by faculty members.
23

(k) Architects' plans, engineers' technical
24

submissions, and other construction related technical
25

documents for projects not constructed or developed in
26

whole or in part with public funds and the same for

HB5145
- 35 -
LRB104 20125 BDA 33576 b
1

projects constructed or developed with public funds,
2

including, but not limited to, power generating and
3

distribution stations and other transmission and
4

distribution facilities, water treatment facilities,
5

airport facilities, sport stadiums, convention centers,
6

and all government owned, operated, or occupied buildings,
7

but only to the extent that disclosure would compromise
8

security.
9

(l) Minutes of meetings of public bodies closed to the
10

public as provided in the Open Meetings Act until the
11

public body makes the minutes available to the public
12

under Section 2.06 of the Open Meetings Act.
13

(m) Communications between a public body and an
14

attorney or auditor representing the public body that
15

would not be subject to discovery in litigation, and
16

materials prepared or compiled by or for a public body in
17

anticipation of a criminal, civil, or administrative
18

proceeding upon the request of an attorney advising the
19

public body, and materials prepared or compiled with
20

respect to internal audits of public bodies.
21

(n) Records relating to a public body's adjudication
22

of employee grievances or disciplinary cases; however,
23

this exemption shall not extend to the final outcome of
24

cases in which discipline is imposed.
25

(o) Administrative or technical information associated
26

with automated data processing operations, including, but

HB5145
- 36 -
LRB104 20125 BDA 33576 b
1

not limited to, software, operating protocols, computer
2

program abstracts, file layouts, source listings, object
3

modules, load modules, user guides, documentation
4

pertaining to all logical and physical design of
5

computerized systems, employee manuals, and any other
6

information that, if disclosed, would jeopardize the
7

security of the system or its data or the security of
8

materials exempt under this Section.
9

(p) Records relating to collective negotiating matters
10

between public bodies and their employees or
11

representatives, except that any final contract or
12

agreement shall be subject to inspection and copying.
13

(q) Test questions, scoring keys, and other
14

examination data used to determine the qualifications of
15

an applicant for a license or employment.
16

(r) The records, documents, and information relating
17

to real estate purchase negotiations until those
18

negotiations have been completed or otherwise terminated.
19

With regard to a parcel involved in a pending or actually
20

and reasonably contemplated eminent domain proceeding
21

under the Eminent Domain Act, records, documents, and
22

information relating to that parcel shall be exempt except
23

as may be allowed under discovery rules adopted by the
24

Illinois Supreme Court. The records, documents, and
25

information relating to a real estate sale shall be exempt
26

until a sale is consummated.

HB5145
- 37 -
LRB104 20125 BDA 33576 b
1

(s) Any and all proprietary information and records
2

related to the operation of an intergovernmental risk
3

management association or self-insurance pool or jointly
4

self-administered health and accident cooperative or pool.
5

Insurance or self-insurance (including any
6

intergovernmental risk management association or
7

self-insurance pool) claims, loss or risk management
8

information, records, data, advice, or communications.
9

(t) Information contained in or related to
10

examination, operating, or condition reports prepared by,
11

on behalf of, or for the use of a public body responsible
12

for the regulation or supervision of financial
13

institutions, insurance companies, or pharmacy benefit
14

managers, unless disclosure is otherwise required by State
15

law.
16

(u) Information that would disclose or might lead to
17

the disclosure of secret or confidential information,
18

codes, algorithms, programs, or private keys intended to
19

be used to create electronic signatures under the Uniform
20

Electronic Transactions Act.
21

(v) Vulnerability assessments, security measures, and
22

response policies or plans that are designed to identify,
23

prevent, or respond to potential attacks upon a
24

community's population or systems, facilities, or
25

installations, but only to the extent that disclosure
26

could reasonably be expected to expose the vulnerability

HB5145
- 38 -
LRB104 20125 BDA 33576 b
1

or jeopardize the effectiveness of the measures, policies,
2

or plans, or the safety of the personnel who implement
3

them or the public. Information exempt under this item may
4

include such things as details pertaining to the
5

mobilization or deployment of personnel or equipment, to
6

the operation of communication systems or protocols, to
7

cybersecurity vulnerabilities, or to tactical operations.
8

(w) (Blank).
9

(x) Maps and other records regarding the location or
10

security of generation, transmission, distribution,
11

storage, gathering, treatment, or switching facilities
12

owned by a utility, by a power generator, or by the
13

Illinois Power Agency.
14

(y) Information contained in or related to proposals,
15

bids, or negotiations related to electric power
16

procurement under Section 1-75 of the Illinois Power
17

Agency Act and Section 16-111.5 of the Public Utilities
18

Act that is determined to be confidential and proprietary
19

by the Illinois Power Agency or by the Illinois Commerce
20

Commission.
21

(z) Information about students exempted from
22

disclosure under Section 10-20.38 or 34-18.29 of the
23

School Code, and information about undergraduate students
24

enrolled at an institution of higher education exempted
25

from disclosure under Section 25 of the Illinois Credit
26

Card Marketing Act of 2009.

HB5145
- 39 -
LRB104 20125 BDA 33576 b
1

(aa) Information the disclosure of which is exempted
2

under the Viatical Settlements Act of 2009.
3

(bb) Records and information provided to a mortality
4

review team and records maintained by a mortality review
5

team appointed under the Department of Juvenile Justice
6

Mortality Review Team Act.
7

(cc) Information regarding interments, entombments, or
8

inurnments of human remains that are submitted to the
9

Cemetery Oversight Database under the Cemetery Care Act or
10

the Cemetery Oversight Act, whichever is applicable.
11

(dd) Correspondence and records (i) that may not be
12

disclosed under Section 11-9 of the Illinois Public Aid
13

Code or (ii) that pertain to appeals under Section 11-8 of
14

the Illinois Public Aid Code.
15

(ee) The names, addresses, or other personal
16

information of persons who are minors and are also
17

participants and registrants in programs of park
18

districts, forest preserve districts, conservation
19

districts, recreation agencies, and special recreation
20

associations.
21

(ff) The names, addresses, or other personal
22

information of participants and registrants in programs of
23

park districts, forest preserve districts, conservation
24

districts, recreation agencies, and special recreation
25

associations where such programs are targeted primarily to
26

minors.

HB5145
- 40 -
LRB104 20125 BDA 33576 b
1

(gg) Confidential information described in Section
2

1-100 of the Illinois Independent Tax Tribunal Act of
3

2012.
4

(hh) The report submitted to the State Board of
5

Education by the School Security and Standards Task Force
6

under item (8) of subsection (d) of Section 2-3.160 of the
7

School Code and any information contained in that report.
8

(ii) Records requested by persons committed to or
9

detained by the Department of Human Services under the
10

Sexually Violent Persons Commitment Act or committed to
11

the Department of Corrections under the Sexually Dangerous
12

Persons Act if those materials: (i) are available in the
13

library of the facility where the individual is confined;
14

(ii) include records from staff members' personnel files,
15

staff rosters, or other staffing assignment information;
16

or (iii) are available through an administrative request
17

to the Department of Human Services or the Department of
18

Corrections.
19

(jj) Confidential information described in Section
20

5-535 of the Civil Administrative Code of Illinois.
21

(kk) The public body's credit card numbers, debit card
22

numbers, bank account numbers, Federal Employer
23

Identification Number, security code numbers, passwords,
24

and similar account information, the disclosure of which
25

could result in identity theft or impression or defrauding
26

of a governmental entity or a person.

HB5145
- 41 -
LRB104 20125 BDA 33576 b
1

(ll) Records concerning the work of the threat
2

assessment team of a school district, including, but not
3

limited to, any threat assessment procedure under the
4

School Safety Drill Act and any information contained in
5

the procedure.
6

(mm) Information prohibited from being disclosed under
7

subsections (a) and (b) of Section 15 of the Student
8

Confidential Reporting Act.
9

(nn) Proprietary information submitted to the
10

Environmental Protection Agency under the Drug Take-Back
11

Act.
12

(oo) Records described in subsection (f) of Section
13

3-5-1 of the Unified Code of Corrections.
14

(pp) Any and all information regarding burials,
15

interments, or entombments of human remains as required to
16

be reported to the Department of Natural Resources
17

pursuant either to the Archaeological and Paleontological
18

Resources Protection Act or the Human Remains Protection
19

Act.
20

(qq) Reports described in subsection (e) of Section
21

16-15 of the Abortion Care Clinical Training Program Act.
22

(rr) Information obtained by a certified local health
23

department under the Access to Public Health Data Act.
24

(ss) For a request directed to a public body that is
25

also a HIPAA-covered entity, all information that is
26

protected health information, including demographic

HB5145
- 42 -
LRB104 20125 BDA 33576 b
1

information, that may be contained within or extracted
2

from any record held by the public body in compliance with
3

State and federal medical privacy laws and regulations,
4

including, but not limited to, the Health Insurance
5

Portability and Accountability Act and its regulations, 45
6

CFR Parts 160 and 164. As used in this paragraph,
7

"HIPAA-covered entity" has the meaning given to the term
8

"covered entity" in 45 CFR 160.103 and "protected health
9

information" has the meaning given to that term in 45 CFR
10

160.103.
11

(tt) Proposals or bids submitted by engineering
12

consultants in response to requests for proposal or other
13

competitive bidding requests by the Department of
14

Transportation or the Illinois Toll Highway Authority.
15

(uu) Documents that, pursuant to the State of
16

Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
17

Commission and the corresponding requirement to maintain
18

compatibility with the National Materials Program, have
19

been determined to be security sensitive. These documents
20

include information classified as safeguards,
21

safeguards-modified, and sensitive unclassified
22

nonsafeguards information, as identified in U.S. Nuclear
23

Regulatory Commission regulatory information summaries,
24

security advisories, and other applicable communications
25

or regulations related to the control and distribution of
26

security sensitive information.

HB5145
- 43 -
LRB104 20125 BDA 33576 b
1

(1.5) Any information exempt from disclosure under the
2
Judicial Privacy Act shall be redacted from public records
3
prior to disclosure under this Act.
4

(1.6) Any information exempt from disclosure under the
5
Public Official Safety and Privacy Act shall be redacted from
6
public records prior to disclosure under this Act.
7

(1.7) Any information exempt from disclosure under
8
paragraph (3.5) of Section 9-15 of the Election Code shall be
9
redacted from public records prior to disclosure under this
10
Act.
11

(2) A public record that is not in the possession of a
12
public body but is in the possession of a party with whom the
13
agency has contracted to perform a governmental function on
14
behalf of the public body, and that directly relates to the
15
governmental function and is not otherwise exempt under this
16
Act, shall be considered a public record of the public body,
17
for purposes of this Act.
18

(3) This Section does not authorize withholding of
19
information or limit the availability of records to the
20
public, except as stated in this Section or otherwise provided
21
in this Act.
22
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
23
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
24
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
25
eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;
26
104-443, eff. 1-1-26; revised 1-7-26.)

HB5145
- 44 -
LRB104 20125 BDA 33576 b
1

Section 95.
No acceleration or delay.
Where this Act makes
2
changes in a statute that is represented in this Act by text
3
that is not yet or no longer in effect (for example, a Section
4
represented by multiple versions), the use of that text does
5
not accelerate or delay the taking effect of (i) the changes
6
made by this Act or (ii) provisions derived from any other
7
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