HEALTH CARE VIOLENCE PREVENT

Illinois General Assembly - Full Text of HB5168

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HB5168 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5168

Introduced 2/10/2026, by Rep. Sharon Chung

SYNOPSIS AS INTRODUCED:

5 ILCS 140/7
210 ILCS 160/5
210 ILCS 160/15
210 ILCS 160/20
210 ILCS 160/25.1 new
210 ILCS 160/25.2 new
210 ILCS 160/25.3 new
210 ILCS 160/40 new

Amends the Health Care Violence Prevention Act. Makes changes to
defined terms. In provisions concerning workplace safety, provides that a
health care worker may not be discouraged from contacting law enforcement
or the Department of Public Health regarding workplace violence, and a
health care provider may not maintain a policy that limits such contact.
Adds additional requirements to the workplace violence prevention program,
including reporting requirements and identifying the need for additional
security and alarms, adequate exit routes, monitoring systems, barrier
protections, lighting, entry procedures, and systems to identify and flag
persons who have previously committed violent acts in the health care
provider space. Sets forth provisions concerning violent incident
investigations, and recordkeeping and reporting requirements for health
care providers regarding violent incidents. Establishes penalties for
failure to comply with the Act. Amends the Freedom of Information Act.
Exempts from public disclosure workplace violence records maintained by
health care providers as required under a specified provision of the
Health Care Violence Prevention Act.
LRB104 17691 BAB 31122 b

A BILL FOR

HB5168
LRB104 17691 BAB 31122 b
1

AN ACT concerning regulation.

2

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

4

Section 1.
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

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LRB104 17691 BAB 31122 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;

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(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;

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LRB104 17691 BAB 31122 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-5) A law enforcement record created for law
6

enforcement purposes and contained in a shared electronic
7

record management system if the law enforcement agency or
8

criminal justice agency that is the recipient of the
9

request did not create the record, did not participate in
10

or have a role in any of the events which are the subject
11

of the record, and only has access to the record through
12

the shared electronic record management system. As used in
13

this subsection (d-5), "criminal justice agency" means the
14

Illinois Criminal Justice Information Authority or the
15

Illinois Sentencing Policy Advisory Council.
16

(d-6) Records contained in the Officer Professional
17

Conduct Database under Section 9.2 of the Illinois Police
18

Training Act, except to the extent authorized under that
19

Section. This includes the documents supplied to the
20

Illinois Law Enforcement Training Standards Board from the
21

Illinois State Police and Illinois State Police Merit
22

Board.
23

(d-7) Information gathered or records created from the
24

use of automatic license plate readers in connection with
25

Section 2-130 of the Illinois Vehicle Code.
26

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

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LRB104 17691 BAB 31122 b
1

correctional institutions and detention facilities.
2

(e-5) Records requested by persons committed to the
3

Department of Corrections, Department of Human Services
4

Division of Mental Health, or a county jail if those
5

materials are available in the library of the correctional
6

institution or facility or jail where the inmate is
7

confined.
8

(e-6) Records requested by persons committed to the
9

Department of Corrections, Department of Human Services
10

Division of Mental Health, or a county jail if those
11

materials include records from staff members' personnel
12

files, staff rosters, or other staffing assignment
13

information.
14

(e-7) Records requested by persons committed to the
15

Department of Corrections or Department of Human Services
16

Division of Mental Health if those materials are available
17

through an administrative request to the Department of
18

Corrections or Department of Human Services Division of
19

Mental Health.
20

(e-8) Records requested by a person committed to the
21

Department of Corrections, Department of Human Services
22

Division of Mental Health, or a county jail, the
23

disclosure of which would result in the risk of harm to any
24

person or the risk of an escape from a jail or correctional
25

institution or facility.
26

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

HB5168
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LRB104 17691 BAB 31122 b
1

or committed to the Department of Corrections or
2

Department of Human Services Division of Mental Health,
3

containing personal information pertaining to the person's
4

victim or the victim's family, including, but not limited
5

to, a victim's home address, home telephone number, work
6

or school address, work telephone number, social security
7

number, or any other identifying information, except as
8

may be relevant to a requester's current or potential case
9

or claim.
10

(e-10) Law enforcement records of other persons
11

requested by a person committed to the Department of
12

Corrections, Department of Human Services Division of
13

Mental Health, or a county jail, including, but not
14

limited to, arrest and booking records, mug shots, and
15

crime scene photographs, except as these records may be
16

relevant to the requester's current or potential case or
17

claim.
18

(f) Preliminary drafts, notes, recommendations,
19

memoranda, and other records in which opinions are
20

expressed, or policies or actions are formulated, except
21

that a specific record or relevant portion of a record
22

shall not be exempt when the record is publicly cited and
23

identified by the head of the public body. The exemption
24

provided in this paragraph (f) extends to all those
25

records of officers and agencies of the General Assembly
26

that pertain to the preparation of legislative documents.

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LRB104 17691 BAB 31122 b
1

(g) Trade secrets and commercial or financial
2

information obtained from a person or business where the
3

trade secrets or commercial or financial information are
4

furnished under a claim that they are proprietary,
5

privileged, or confidential, and that disclosure of the
6

trade secrets or commercial or financial information would
7

cause competitive harm to the person or business, and only
8

insofar as the claim directly applies to the records
9

requested.
10

The information included under this exemption includes
11

all trade secrets and commercial or financial information
12

obtained by a public body, including a public pension
13

fund, from a private equity fund or a privately held
14

company within the investment portfolio of a private
15

equity fund as a result of either investing or evaluating
16

a potential investment of public funds in a private equity
17

fund. The exemption contained in this item does not apply
18

to the aggregate financial performance information of a
19

private equity fund, nor to the identity of the fund's
20

managers or general partners. The exemption contained in
21

this item does not apply to the identity of a privately
22

held company within the investment portfolio of a private
23

equity fund, unless the disclosure of the identity of a
24

privately held company may cause competitive harm.
25

Nothing contained in this paragraph (g) shall be
26

construed to prevent a person or business from consenting

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LRB104 17691 BAB 31122 b
1

to disclosure.
2

(h) Proposals and bids for any contract, grant, or
3

agreement, including information which if it were
4

disclosed would frustrate procurement or give an advantage
5

to any person proposing to enter into a contractor
6

agreement with the body, until an award or final selection
7

is made. Information prepared by or for the body in
8

preparation of a bid solicitation shall be exempt until an
9

award or final selection is made.
10

(i) Valuable formulae, computer geographic systems,
11

designs, drawings, and research data obtained or produced
12

by any public body when disclosure could reasonably be
13

expected to produce private gain or public loss. The
14

exemption for "computer geographic systems" provided in
15

this paragraph (i) does not extend to requests made by
16

news media as defined in Section 2 of this Act when the
17

requested information is not otherwise exempt and the only
18

purpose of the request is to access and disseminate
19

information regarding the health, safety, welfare, or
20

legal rights of the general public.
21

(j) The following information pertaining to
22

educational matters:
23

(i) test questions, scoring keys, and other
24

examination data used to administer an academic
25

examination;
26

(ii) information received by a primary or

HB5168
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LRB104 17691 BAB 31122 b
1

secondary school, college, or university under its
2

procedures for the evaluation of faculty members by
3

their academic peers;
4

(iii) information concerning a school or
5

university's adjudication of student disciplinary
6

cases, but only to the extent that disclosure would
7

unavoidably reveal the identity of the student; and
8

(iv) course materials or research materials used
9

by faculty members.
10

(k) Architects' plans, engineers' technical
11

submissions, and other construction related technical
12

documents for projects not constructed or developed in
13

whole or in part with public funds and the same for
14

projects constructed or developed with public funds,
15

including, but not limited to, power generating and
16

distribution stations and other transmission and
17

distribution facilities, water treatment facilities,
18

airport facilities, sport stadiums, convention centers,
19

and all government owned, operated, or occupied buildings,
20

but only to the extent that disclosure would compromise
21

security.
22

(l) Minutes of meetings of public bodies closed to the
23

public as provided in the Open Meetings Act until the
24

public body makes the minutes available to the public
25

under Section 2.06 of the Open Meetings Act.
26

(m) Communications between a public body and an

HB5168
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LRB104 17691 BAB 31122 b
1

attorney or auditor representing the public body that
2

would not be subject to discovery in litigation, and
3

materials prepared or compiled by or for a public body in
4

anticipation of a criminal, civil, or administrative
5

proceeding upon the request of an attorney advising the
6

public body, and materials prepared or compiled with
7

respect to internal audits of public bodies.
8

(n) Records relating to a public body's adjudication
9

of employee grievances or disciplinary cases; however,
10

this exemption shall not extend to the final outcome of
11

cases in which discipline is imposed.
12

(o) Administrative or technical information associated
13

with automated data processing operations, including, but
14

not limited to, software, operating protocols, computer
15

program abstracts, file layouts, source listings, object
16

modules, load modules, user guides, documentation
17

pertaining to all logical and physical design of
18

computerized systems, employee manuals, and any other
19

information that, if disclosed, would jeopardize the
20

security of the system or its data or the security of
21

materials exempt under this Section.
22

(p) Records relating to collective negotiating matters
23

between public bodies and their employees or
24

representatives, except that any final contract or
25

agreement shall be subject to inspection and copying.
26

(q) Test questions, scoring keys, and other

HB5168
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LRB104 17691 BAB 31122 b
1

examination data used to determine the qualifications of
2

an applicant for a license or employment.
3

(r) The records, documents, and information relating
4

to real estate purchase negotiations until those
5

negotiations have been completed or otherwise terminated.
6

With regard to a parcel involved in a pending or actually
7

and reasonably contemplated eminent domain proceeding
8

under the Eminent Domain Act, records, documents, and
9

information relating to that parcel shall be exempt except
10

as may be allowed under discovery rules adopted by the
11

Illinois Supreme Court. The records, documents, and
12

information relating to a real estate sale shall be exempt
13

until a sale is consummated.
14

(s) Any and all proprietary information and records
15

related to the operation of an intergovernmental risk
16

management association or self-insurance pool or jointly
17

self-administered health and accident cooperative or pool.
18

Insurance or self-insurance (including any
19

intergovernmental risk management association or
20

self-insurance pool) claims, loss or risk management
21

information, records, data, advice, or communications.
22

(t) Information contained in or related to
23

examination, operating, or condition reports prepared by,
24

on behalf of, or for the use of a public body responsible
25

for the regulation or supervision of financial
26

institutions, insurance companies, or pharmacy benefit

HB5168
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LRB104 17691 BAB 31122 b
1

managers, unless disclosure is otherwise required by State
2

law.
3

(u) Information that would disclose or might lead to
4

the disclosure of secret or confidential information,
5

codes, algorithms, programs, or private keys intended to
6

be used to create electronic signatures under the Uniform
7

Electronic Transactions Act.
8

(v) Vulnerability assessments, security measures, and
9

response policies or plans that are designed to identify,
10

prevent, or respond to potential attacks upon a
11

community's population or systems, facilities, or
12

installations, but only to the extent that disclosure
13

could reasonably be expected to expose the vulnerability
14

or jeopardize the effectiveness of the measures, policies,
15

or plans, or the safety of the personnel who implement
16

them or the public. Information exempt under this item may
17

include such things as details pertaining to the
18

mobilization or deployment of personnel or equipment, to
19

the operation of communication systems or protocols, to
20

cybersecurity vulnerabilities, or to tactical operations.
21

(w) (Blank).
22

(x) Maps and other records regarding the location or
23

security of generation, transmission, distribution,
24

storage, gathering, treatment, or switching facilities
25

owned by a utility, by a power generator, or by the
26

Illinois Power Agency.

HB5168
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LRB104 17691 BAB 31122 b
1

(y) Information contained in or related to proposals,
2

bids, or negotiations related to electric power
3

procurement under Section 1-75 of the Illinois Power
4

Agency Act and Section 16-111.5 of the Public Utilities
5

Act that is determined to be confidential and proprietary
6

by the Illinois Power Agency or by the Illinois Commerce
7

Commission.
8

(z) Information about students exempted from
9

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

School Code, and information about undergraduate students
11

enrolled at an institution of higher education exempted
12

from disclosure under Section 25 of the Illinois Credit
13

Card Marketing Act of 2009.
14

(aa) Information the disclosure of which is exempted
15

under the Viatical Settlements Act of 2009.
16

(bb) Records and information provided to a mortality
17

review team and records maintained by a mortality review
18

team appointed under the Department of Juvenile Justice
19

Mortality Review Team Act.
20

(cc) Information regarding interments, entombments, or
21

inurnments of human remains that are submitted to the
22

Cemetery Oversight Database under the Cemetery Care Act or
23

the Cemetery Oversight Act, whichever is applicable.
24

(dd) Correspondence and records (i) that may not be
25

disclosed under Section 11-9 of the Illinois Public Aid
26

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

HB5168
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LRB104 17691 BAB 31122 b
1

the Illinois Public Aid Code.
2

(ee) The names, addresses, or other personal
3

information of persons who are minors and are also
4

participants and registrants in programs of park
5

districts, forest preserve districts, conservation
6

districts, recreation agencies, and special recreation
7

associations.
8

(ff) The names, addresses, or other personal
9

information of participants and registrants in programs of
10

park districts, forest preserve districts, conservation
11

districts, recreation agencies, and special recreation
12

associations where such programs are targeted primarily to
13

minors.
14

(gg) Confidential information described in Section
15

1-100 of the Illinois Independent Tax Tribunal Act of
16

2012.
17

(hh) The report submitted to the State Board of
18

Education by the School Security and Standards Task Force
19

under item (8) of subsection (d) of Section 2-3.160 of the
20

School Code and any information contained in that report.
21

(ii) Records requested by persons committed to or
22

detained by the Department of Human Services under the
23

Sexually Violent Persons Commitment Act or committed to
24

the Department of Corrections under the Sexually Dangerous
25

Persons Act if those materials: (i) are available in the
26

library of the facility where the individual is confined;

HB5168
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LRB104 17691 BAB 31122 b
1

(ii) include records from staff members' personnel files,
2

staff rosters, or other staffing assignment information;
3

or (iii) are available through an administrative request
4

to the Department of Human Services or the Department of
5

Corrections.
6

(jj) Confidential information described in Section
7

5-535 of the Civil Administrative Code of Illinois.
8

(kk) The public body's credit card numbers, debit card
9

numbers, bank account numbers, Federal Employer
10

Identification Number, security code numbers, passwords,
11

and similar account information, the disclosure of which
12

could result in identity theft or impression or defrauding
13

of a governmental entity or a person.
14

(ll) Records concerning the work of the threat
15

assessment team of a school district, including, but not
16

limited to, any threat assessment procedure under the
17

School Safety Drill Act and any information contained in
18

the procedure.
19

(mm) Information prohibited from being disclosed under
20

subsections (a) and (b) of Section 15 of the Student
21

Confidential Reporting Act.
22

(nn) Proprietary information submitted to the
23

Environmental Protection Agency under the Drug Take-Back
24

Act.
25

(oo) Records described in subsection (f) of Section
26

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

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LRB104 17691 BAB 31122 b
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(pp) Any and all information regarding burials,
2

interments, or entombments of human remains as required to
3

be reported to the Department of Natural Resources
4

pursuant either to the Archaeological and Paleontological
5

Resources Protection Act or the Human Remains Protection
6

Act.
7

(qq) Reports described in subsection (e) of Section
8

16-15 of the Abortion Care Clinical Training Program Act.
9

(rr) Information obtained by a certified local health
10

department under the Access to Public Health Data Act.
11

(ss) For a request directed to a public body that is
12

also a HIPAA-covered entity, all information that is
13

protected health information, including demographic
14

information, that may be contained within or extracted
15

from any record held by the public body in compliance with
16

State and federal medical privacy laws and regulations,
17

including, but not limited to, the Health Insurance
18

Portability and Accountability Act and its regulations, 45
19

CFR Parts 160 and 164. As used in this paragraph,
20

"HIPAA-covered entity" has the meaning given to the term
21

"covered entity" in 45 CFR 160.103 and "protected health
22

information" has the meaning given to that term in 45 CFR
23

160.103.
24

(tt) Proposals or bids submitted by engineering
25

consultants in response to requests for proposal or other
26

competitive bidding requests by the Department of

HB5168
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1

Transportation or the Illinois Toll Highway Authority.
2

(uu) Documents that, pursuant to the State of
3

Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
4

Commission and the corresponding requirement to maintain
5

compatibility with the National Materials Program, have
6

been determined to be security sensitive. These documents
7

include information classified as safeguards,
8

safeguards-modified, and sensitive unclassified
9

nonsafeguards information, as identified in U.S. Nuclear
10

Regulatory Commission regulatory information summaries,
11

security advisories, and other applicable communications
12

or regulations related to the control and distribution of
13

security sensitive information.
14

(vv) Records described in Section 25.2 of the Health
15

Care Violence Prevention Act.

16

(1.5) Any information exempt from disclosure under the
17
Judicial Privacy Act shall be redacted from public records
18
prior to disclosure under this Act.
19

(1.6) Any information exempt from disclosure under the
20
Public Official Safety and Privacy Act shall be redacted from
21
public records prior to disclosure under this Act.
22

(1.7) Any information exempt from disclosure under
23
paragraph (3.5) of Section 9-15 of the Election Code shall be
24
redacted from public records prior to disclosure under this
25
Act.
26

(2) A public record that is not in the possession of a

HB5168
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LRB104 17691 BAB 31122 b
1
public body but is in the possession of a party with whom the
2
agency has contracted to perform a governmental function on
3
behalf of the public body, and that directly relates to the
4
governmental function and is not otherwise exempt under this
5
Act, shall be considered a public record of the public body,
6
for purposes of this Act.
7

(3) This Section does not authorize withholding of
8
information or limit the availability of records to the
9
public, except as stated in this Section or otherwise provided
10
in this Act.
11
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
12
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
13
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
14
eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26;
15
revised 1-7-26.)

16

(Text of Section after amendment by P.A. 104-300
)
17

Sec. 7.
Exemptions.
18

(1) When a request is made to inspect or copy a public
19
record that contains information that is exempt from
20
disclosure under this Section, but also contains information
21
that is not exempt from disclosure, the public body may elect
22
to redact the information that is exempt. The public body
23
shall make the remaining information available for inspection
24
and copying. Subject to this requirement, the following shall
25
be exempt from inspection and copying:

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1

(a) Records created or compiled by a State public
2

defender agency or commission subject to the State Public
3

Defender Act that contain: individual client identity;
4

individual case file information; individual investigation
5

records and other records that are otherwise subject to
6

attorney-client privilege; records that would not be
7

discoverable in litigation; records under Section 2.15;
8

training materials; records related to attorney
9

consultation and representation strategy; or any of the
10

above concerning clients of county public defenders or
11

other defender agencies and firms. This exclusion does not
12

apply to deidentified, aggregated, administrative records,
13

such as general case processing and workload information.
14

(a-5) Information specifically prohibited from
15

disclosure by federal or State law or rules and
16

regulations implementing federal or State law.
17

(b) Private information, unless disclosure is required
18

by another provision of this Act, a State or federal law,
19

or a court order.
20

(b-5) Files, documents, and other data or databases
21

maintained by one or more law enforcement agencies and
22

specifically designed to provide information to one or
23

more law enforcement agencies regarding the physical or
24

mental status of one or more individual subjects.
25

(c) Personal information contained within public
26

records, the disclosure of which would constitute a

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1

clearly unwarranted invasion of personal privacy, unless
2

the disclosure is consented to in writing by the
3

individual subjects of the information. "Unwarranted
4

invasion of personal privacy" means the disclosure of
5

information that is highly personal or objectionable to a
6

reasonable person and in which the subject's right to
7

privacy outweighs any legitimate public interest in
8

obtaining the information. The disclosure of information
9

that bears on the public duties of public employees and
10

officials shall not be considered an invasion of personal
11

privacy.
12

(d) Records in the possession of any public body
13

created in the course of administrative enforcement
14

proceedings, and any law enforcement or correctional
15

agency for law enforcement purposes, but only to the
16

extent that disclosure would:
17

(i) interfere with pending or actually and
18

reasonably contemplated law enforcement proceedings
19

conducted by any law enforcement or correctional
20

agency that is the recipient of the request;
21

(ii) interfere with active administrative
22

enforcement proceedings conducted by the public body
23

that is the recipient of the request;
24

(iii) create a substantial likelihood that a
25

person will be deprived of a fair trial or an impartial
26

hearing;

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1

(iv) unavoidably disclose the identity of a
2

confidential source, confidential information
3

furnished only by the confidential source, or persons
4

who file complaints with or provide information to
5

administrative, investigative, law enforcement, or
6

penal agencies; except that the identities of
7

witnesses to traffic crashes, traffic crash reports,
8

and rescue reports shall be provided by agencies of
9

local government, except when disclosure would
10

interfere with an active criminal investigation
11

conducted by the agency that is the recipient of the
12

request;
13

(v) disclose unique or specialized investigative
14

techniques other than those generally used and known
15

or disclose internal documents of correctional
16

agencies related to detection, observation, or
17

investigation of incidents of crime or misconduct, and
18

disclosure would result in demonstrable harm to the
19

agency or public body that is the recipient of the
20

request;
21

(vi) endanger the life or physical safety of law
22

enforcement personnel or any other person; or
23

(vii) obstruct an ongoing criminal investigation
24

by the agency that is the recipient of the request.
25

(d-5) A law enforcement record created for law
26

enforcement purposes and contained in a shared electronic

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1

record management system if the law enforcement agency or
2

criminal justice agency that is the recipient of the
3

request did not create the record, did not participate in
4

or have a role in any of the events which are the subject
5

of the record, and only has access to the record through
6

the shared electronic record management system. As used in
7

this subsection (d-5), "criminal justice agency" means the
8

Illinois Criminal Justice Information Authority or the
9

Illinois Sentencing Policy Advisory Council.
10

(d-6) Records contained in the Officer Professional
11

Conduct Database under Section 9.2 of the Illinois Police
12

Training Act, except to the extent authorized under that
13

Section. This includes the documents supplied to the
14

Illinois Law Enforcement Training Standards Board from the
15

Illinois State Police and Illinois State Police Merit
16

Board.
17

(d-7) Information gathered or records created from the
18

use of automatic license plate readers in connection with
19

Section 2-130 of the Illinois Vehicle Code.
20

(e) Records that relate to or affect the security of
21

correctional institutions and detention facilities.
22

(e-5) Records requested by persons committed to the
23

Department of Corrections, Department of Human Services
24

Division of Mental Health, or a county jail if those
25

materials are available in the library of the correctional
26

institution or facility or jail where the inmate is

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1

confined.
2

(e-6) Records requested by persons committed to the
3

Department of Corrections, Department of Human Services
4

Division of Mental Health, or a county jail if those
5

materials include records from staff members' personnel
6

files, staff rosters, or other staffing assignment
7

information.
8

(e-7) Records requested by persons committed to the
9

Department of Corrections or Department of Human Services
10

Division of Mental Health if those materials are available
11

through an administrative request to the Department of
12

Corrections or Department of Human Services Division of
13

Mental Health.
14

(e-8) Records requested by a person committed to the
15

Department of Corrections, Department of Human Services
16

Division of Mental Health, or a county jail, the
17

disclosure of which would result in the risk of harm to any
18

person or the risk of an escape from a jail or correctional
19

institution or facility.
20

(e-9) Records requested by a person in a county jail
21

or committed to the Department of Corrections or
22

Department of Human Services Division of Mental Health,
23

containing personal information pertaining to the person's
24

victim or the victim's family, including, but not limited
25

to, a victim's home address, home telephone number, work
26

or school address, work telephone number, social security

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1

number, or any other identifying information, except as
2

may be relevant to a requester's current or potential case
3

or claim.
4

(e-10) Law enforcement records of other persons
5

requested by a person committed to the Department of
6

Corrections, Department of Human Services Division of
7

Mental Health, or a county jail, including, but not
8

limited to, arrest and booking records, mug shots, and
9

crime scene photographs, except as these records may be
10

relevant to the requester's current or potential case or
11

claim.
12

(f) Preliminary drafts, notes, recommendations,
13

memoranda, and other records in which opinions are
14

expressed, or policies or actions are formulated, except
15

that a specific record or relevant portion of a record
16

shall not be exempt when the record is publicly cited and
17

identified by the head of the public body. The exemption
18

provided in this paragraph (f) extends to all those
19

records of officers and agencies of the General Assembly
20

that pertain to the preparation of legislative documents.
21

(g) Trade secrets and commercial or financial
22

information obtained from a person or business where the
23

trade secrets or commercial or financial information are
24

furnished under a claim that they are proprietary,
25

privileged, or confidential, and that disclosure of the
26

trade secrets or commercial or financial information would

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1

cause competitive harm to the person or business, and only
2

insofar as the claim directly applies to the records
3

requested.
4

The information included under this exemption includes
5

all trade secrets and commercial or financial information
6

obtained by a public body, including a public pension
7

fund, from a private equity fund or a privately held
8

company within the investment portfolio of a private
9

equity fund as a result of either investing or evaluating
10

a potential investment of public funds in a private equity
11

fund. The exemption contained in this item does not apply
12

to the aggregate financial performance information of a
13

private equity fund, nor to the identity of the fund's
14

managers or general partners. The exemption contained in
15

this item does not apply to the identity of a privately
16

held company within the investment portfolio of a private
17

equity fund, unless the disclosure of the identity of a
18

privately held company may cause competitive harm.
19

Nothing contained in this paragraph (g) shall be
20

construed to prevent a person or business from consenting
21

to disclosure.
22

(h) Proposals and bids for any contract, grant, or
23

agreement, including information which if it were
24

disclosed would frustrate procurement or give an advantage
25

to any person proposing to enter into a contractor
26

agreement with the body, until an award or final selection

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1

is made. Information prepared by or for the body in
2

preparation of a bid solicitation shall be exempt until an
3

award or final selection is made.
4

(i) Valuable formulae, computer geographic systems,
5

designs, drawings, and research data obtained or produced
6

by any public body when disclosure could reasonably be
7

expected to produce private gain or public loss. The
8

exemption for "computer geographic systems" provided in
9

this paragraph (i) does not extend to requests made by
10

news media as defined in Section 2 of this Act when the
11

requested information is not otherwise exempt and the only
12

purpose of the request is to access and disseminate
13

information regarding the health, safety, welfare, or
14

legal rights of the general public.
15

(j) The following information pertaining to
16

educational matters:
17

(i) test questions, scoring keys, and other
18

examination data used to administer an academic
19

examination;
20

(ii) information received by a primary or
21

secondary school, college, or university under its
22

procedures for the evaluation of faculty members by
23

their academic peers;
24

(iii) information concerning a school or
25

university's adjudication of student disciplinary
26

cases, but only to the extent that disclosure would

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1

unavoidably reveal the identity of the student; and
2

(iv) course materials or research materials used
3

by faculty members.
4

(k) Architects' plans, engineers' technical
5

submissions, and other construction related technical
6

documents for projects not constructed or developed in
7

whole or in part with public funds and the same for
8

projects constructed or developed with public funds,
9

including, but not limited to, power generating and
10

distribution stations and other transmission and
11

distribution facilities, water treatment facilities,
12

airport facilities, sport stadiums, convention centers,
13

and all government owned, operated, or occupied buildings,
14

but only to the extent that disclosure would compromise
15

security.
16

(l) Minutes of meetings of public bodies closed to the
17

public as provided in the Open Meetings Act until the
18

public body makes the minutes available to the public
19

under Section 2.06 of the Open Meetings Act.
20

(m) Communications between a public body and an
21

attorney or auditor representing the public body that
22

would not be subject to discovery in litigation, and
23

materials prepared or compiled by or for a public body in
24

anticipation of a criminal, civil, or administrative
25

proceeding upon the request of an attorney advising the
26

public body, and materials prepared or compiled with

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1

respect to internal audits of public bodies.
2

(n) Records relating to a public body's adjudication
3

of employee grievances or disciplinary cases; however,
4

this exemption shall not extend to the final outcome of
5

cases in which discipline is imposed.
6

(o) Administrative or technical information associated
7

with automated data processing operations, including, but
8

not limited to, software, operating protocols, computer
9

program abstracts, file layouts, source listings, object
10

modules, load modules, user guides, documentation
11

pertaining to all logical and physical design of
12

computerized systems, employee manuals, and any other
13

information that, if disclosed, would jeopardize the
14

security of the system or its data or the security of
15

materials exempt under this Section.
16

(p) Records relating to collective negotiating matters
17

between public bodies and their employees or
18

representatives, except that any final contract or
19

agreement shall be subject to inspection and copying.
20

(q) Test questions, scoring keys, and other
21

examination data used to determine the qualifications of
22

an applicant for a license or employment.
23

(r) The records, documents, and information relating
24

to real estate purchase negotiations until those
25

negotiations have been completed or otherwise terminated.
26

With regard to a parcel involved in a pending or actually

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1

and reasonably contemplated eminent domain proceeding
2

under the Eminent Domain Act, records, documents, and
3

information relating to that parcel shall be exempt except
4

as may be allowed under discovery rules adopted by the
5

Illinois Supreme Court. The records, documents, and
6

information relating to a real estate sale shall be exempt
7

until a sale is consummated.
8

(s) Any and all proprietary information and records
9

related to the operation of an intergovernmental risk
10

management association or self-insurance pool or jointly
11

self-administered health and accident cooperative or pool.
12

Insurance or self-insurance (including any
13

intergovernmental risk management association or
14

self-insurance pool) claims, loss or risk management
15

information, records, data, advice, or communications.
16

(t) Information contained in or related to
17

examination, operating, or condition reports prepared by,
18

on behalf of, or for the use of a public body responsible
19

for the regulation or supervision of financial
20

institutions, insurance companies, or pharmacy benefit
21

managers, unless disclosure is otherwise required by State
22

law.
23

(u) Information that would disclose or might lead to
24

the disclosure of secret or confidential information,
25

codes, algorithms, programs, or private keys intended to
26

be used to create electronic signatures under the Uniform

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LRB104 17691 BAB 31122 b
1

Electronic Transactions Act.
2

(v) Vulnerability assessments, security measures, and
3

response policies or plans that are designed to identify,
4

prevent, or respond to potential attacks upon a
5

community's population or systems, facilities, or
6

installations, but only to the extent that disclosure
7

could reasonably be expected to expose the vulnerability
8

or jeopardize the effectiveness of the measures, policies,
9

or plans, or the safety of the personnel who implement
10

them or the public. Information exempt under this item may
11

include such things as details pertaining to the
12

mobilization or deployment of personnel or equipment, to
13

the operation of communication systems or protocols, to
14

cybersecurity vulnerabilities, or to tactical operations.
15

(w) (Blank).
16

(x) Maps and other records regarding the location or
17

security of generation, transmission, distribution,
18

storage, gathering, treatment, or switching facilities
19

owned by a utility, by a power generator, or by the
20

Illinois Power Agency.
21

(y) Information contained in or related to proposals,
22

bids, or negotiations related to electric power
23

procurement under Section 1-75 of the Illinois Power
24

Agency Act and Section 16-111.5 of the Public Utilities
25

Act that is determined to be confidential and proprietary
26

by the Illinois Power Agency or by the Illinois Commerce

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LRB104 17691 BAB 31122 b
1

Commission.
2

(z) Information about students exempted from
3

disclosure under Section 10-20.38 or 34-18.29 of the
4

School Code, and information about undergraduate students
5

enrolled at an institution of higher education exempted
6

from disclosure under Section 25 of the Illinois Credit
7

Card Marketing Act of 2009.
8

(aa) Information the disclosure of which is exempted
9

under the Viatical Settlements Act of 2009.
10

(bb) Records and information provided to a mortality
11

review team and records maintained by a mortality review
12

team appointed under the Department of Juvenile Justice
13

Mortality Review Team Act.
14

(cc) Information regarding interments, entombments, or
15

inurnments of human remains that are submitted to the
16

Cemetery Oversight Database under the Cemetery Care Act or
17

the Cemetery Oversight Act, whichever is applicable.
18

(dd) Correspondence and records (i) that may not be
19

disclosed under Section 11-9 of the Illinois Public Aid
20

Code or (ii) that pertain to appeals under Section 11-8 of
21

the Illinois Public Aid Code.
22

(ee) The names, addresses, or other personal
23

information of persons who are minors and are also
24

participants and registrants in programs of park
25

districts, forest preserve districts, conservation
26

districts, recreation agencies, and special recreation

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LRB104 17691 BAB 31122 b
1

associations.
2

(ff) The names, addresses, or other personal
3

information of participants and registrants in programs of
4

park districts, forest preserve districts, conservation
5

districts, recreation agencies, and special recreation
6

associations where such programs are targeted primarily to
7

minors.
8

(gg) Confidential information described in Section
9

1-100 of the Illinois Independent Tax Tribunal Act of
10

2012.
11

(hh) The report submitted to the State Board of
12

Education by the School Security and Standards Task Force
13

under item (8) of subsection (d) of Section 2-3.160 of the
14

School Code and any information contained in that report.
15

(ii) Records requested by persons committed to or
16

detained by the Department of Human Services under the
17

Sexually Violent Persons Commitment Act or committed to
18

the Department of Corrections under the Sexually Dangerous
19

Persons Act if those materials: (i) are available in the
20

library of the facility where the individual is confined;
21

(ii) include records from staff members' personnel files,
22

staff rosters, or other staffing assignment information;
23

or (iii) are available through an administrative request
24

to the Department of Human Services or the Department of
25

Corrections.
26

(jj) Confidential information described in Section

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LRB104 17691 BAB 31122 b
1

5-535 of the Civil Administrative Code of Illinois.
2

(kk) The public body's credit card numbers, debit card
3

numbers, bank account numbers, Federal Employer
4

Identification Number, security code numbers, passwords,
5

and similar account information, the disclosure of which
6

could result in identity theft or impression or defrauding
7

of a governmental entity or a person.
8

(ll) Records concerning the work of the threat
9

assessment team of a school district, including, but not
10

limited to, any threat assessment procedure under the
11

School Safety Drill Act and any information contained in
12

the procedure.
13

(mm) Information prohibited from being disclosed under
14

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

Confidential Reporting Act.
16

(nn) Proprietary information submitted to the
17

Environmental Protection Agency under the Drug Take-Back
18

Act.
19

(oo) Records described in subsection (f) of Section
20

3-5-1 of the Unified Code of Corrections.
21

(pp) Any and all information regarding burials,
22

interments, or entombments of human remains as required to
23

be reported to the Department of Natural Resources
24

pursuant either to the Archaeological and Paleontological
25

Resources Protection Act or the Human Remains Protection
26

Act.

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LRB104 17691 BAB 31122 b
1

(qq) Reports described in subsection (e) of Section
2

16-15 of the Abortion Care Clinical Training Program Act.
3

(rr) Information obtained by a certified local health
4

department under the Access to Public Health Data Act.
5

(ss) For a request directed to a public body that is
6

also a HIPAA-covered entity, all information that is
7

protected health information, including demographic
8

information, that may be contained within or extracted
9

from any record held by the public body in compliance with
10

State and federal medical privacy laws and regulations,
11

including, but not limited to, the Health Insurance
12

Portability and Accountability Act and its regulations, 45
13

CFR Parts 160 and 164. As used in this paragraph,
14

"HIPAA-covered entity" has the meaning given to the term
15

"covered entity" in 45 CFR 160.103 and "protected health
16

information" has the meaning given to that term in 45 CFR
17

160.103.
18

(tt) Proposals or bids submitted by engineering
19

consultants in response to requests for proposal or other
20

competitive bidding requests by the Department of
21

Transportation or the Illinois Toll Highway Authority.
22

(uu) Documents that, pursuant to the State of
23

Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
24

Commission and the corresponding requirement to maintain
25

compatibility with the National Materials Program, have
26

been determined to be security sensitive. These documents

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1

include information classified as safeguards,
2

safeguards-modified, and sensitive unclassified
3

nonsafeguards information, as identified in U.S. Nuclear
4

Regulatory Commission regulatory information summaries,
5

security advisories, and other applicable communications
6

or regulations related to the control and distribution of
7

security sensitive information.
8

(vv) Records described in Section 25.2 of the Health
9

Care Violence Prevention Act.

10

(1.5) Any information exempt from disclosure under the
11
Judicial Privacy Act shall be redacted from public records
12
prior to disclosure under this Act.
13

(1.6) Any information exempt from disclosure under the
14
Public Official Safety and Privacy Act shall be redacted from
15
public records prior to disclosure under this Act.
16

(1.7) Any information exempt from disclosure under
17
paragraph (3.5) of Section 9-15 of the Election Code shall be
18
redacted from public records prior to disclosure under this
19
Act.
20

(2) A public record that is not in the possession of a
21
public body but is in the possession of a party with whom the
22
agency has contracted to perform a governmental function on
23
behalf of the public body, and that directly relates to the
24
governmental function and is not otherwise exempt under this
25
Act, shall be considered a public record of the public body,
26
for purposes of this Act.

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LRB104 17691 BAB 31122 b
1

(3) This Section does not authorize withholding of
2
information or limit the availability of records to the
3
public, except as stated in this Section or otherwise provided
4
in this Act.
5
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
6
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
7
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
8
eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;
9
104-443, eff. 1-1-26; revised 1-7-26.)

10

Section 5.
The Health Care Violence Prevention Act is
11
amended by changing Sections 5, 15, and 20 and by adding
12
Sections 25.1, 25.2, 25.3, and 40 as follows:

13

(210 ILCS 160/5)
14

Sec. 5.
Definitions.
As used in this Act:
15

"Committed person" means a person who is in the custody of
16
or under the control of a custodial agency, including, but not
17
limited to, a person who is incarcerated, under arrest,
18
detained, or otherwise under the physical control of a
19
custodial agency.
20

"Custodial agency" means the Illinois Department of
21
Corrections, the Illinois State Police, the sheriff of a
22
county, a county jail, a correctional institution, or any
23
other State agency, municipality, or unit of local government
24
that employs personnel designated as police, peace officers,

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LRB104 17691 BAB 31122 b
1
wardens, corrections officers, or guards or that employs
2
personnel vested by law with the power to place or maintain a
3
person in custody.
4

"Department" means the Department of Public Health.

5

"Health care provider" means a retail health care
6
facility, a hospital
or hospital affiliate
subject to the
7
Hospital Licensing Act or the University of Illinois Hospital
8
Act,
an ambulatory surgical treatment center subject to the
9
Ambulatory Surgical Treatment Center Act,
or a veterans home
10
as defined in the Department of Veterans Affairs Act.
11

"Health care worker" means nursing assistants and other
12
support personnel, any individual licensed under the laws of
13
this State to provide health services, including but not
14
limited to: dentists licensed under the Illinois Dental
15
Practice Act; dental hygienists licensed under the Illinois
16
Dental Practice Act; nurses and advanced practice registered
17
nurses licensed under the Nurse Practice Act; occupational
18
therapists licensed under the Illinois Occupational Therapy
19
Practice Act; optometrists licensed under the Illinois
20
Optometric Practice Act of 1987; pharmacists licensed under
21
the Pharmacy Practice Act; physical therapists licensed under
22
the Illinois Physical Therapy Act; physicians licensed under
23
the Medical Practice Act of 1987; physician assistants
24
licensed under the Physician Assistant Practice Act of 1987;
25
podiatric physicians licensed under the Podiatric Medical
26
Practice Act of 1987; clinical psychologists licensed under

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1
the Clinical Psychologist Licensing Act; clinical social
2
workers licensed under the Clinical Social Work and Social
3
Work Practice Act; speech-language pathologists and
4
audiologists licensed under the Illinois Speech-Language
5
Pathology and Audiology Practice Act; or hearing instrument
6
dispensers licensed under the Hearing Instrument Consumer
7
Protection Act, or any of their successor Acts.
8

"Nurse" means a person who is licensed to practice nursing
9
under the Nurse Practice Act.
10

"Retail health care facility" means an institution, place,
11
or building, or any portion thereof, that:
12

(1) is devoted to the maintenance and operation of a
13

facility for the performance of health care services and
14

is located within a retail store at a specific location;
15

(2) does not provide surgical services or any form of
16

general anesthesia;
17

(3) does not provide beds or other accommodations for
18

either the long-term or overnight stay of patients; and
19

(4) discharges individual patients in an ambulatory
20

condition without danger to the continued well-being of
21

the patients and transfers non-ambulatory patients to
22

hospitals.
23

"Retail health care facility" does not include hospitals,
24
long-term care facilities, ambulatory
surgical
treatment
25
centers, blood banks, clinical laboratories, offices of
26
physicians, advanced practice registered nurses, podiatrists,

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and physician assistants, and pharmacies that provide limited
2
health care services.
3

"Workplace violence" means any act of violence or threat
4
of violence against a health care worker, without regard to
5
intent, that occurs on the premises of a health care
6
provider's facility.

7
(Source: P.A. 104-234, eff. 8-15-25.)

8

(210 ILCS 160/15)
9

Sec. 15.
Workplace safety.
10

(a) A health care worker who contacts law enforcement or
11
files a report with law enforcement against a patient or
12
individual because of workplace violence shall provide notice
13
to management of the health care provider by which he or she is
14
employed within 3 days after contacting law enforcement or
15
filing the report.
16

(b) No management of a health care provider may discourage
17
a health care worker from exercising his or her right to
18
contact law enforcement or file a report with law enforcement
19
or the Department
because of workplace violence.
20

(c) A health care provider that employs a health care
21
worker shall display a notice, either by physical or
22
electronic means, stating that verbal aggression will not be
23
tolerated and physical assault will be reported to law
24
enforcement.
25

(d) The health care provider shall offer immediate

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post-incident services for a health care worker directly
2
involved in a workplace violence incident caused by patients
3
or their visitors, including acute treatment and access to
4
psychological evaluation.
5

(e) No health care provider may maintain a policy that
6
limits the type of workplace violence about which a health
7
care worker may contact law enforcement or file a report with
8
law enforcement or the Department.

9
(Source: P.A. 102-4, eff. 4-27-21.)

10

(210 ILCS 160/20)
11

Sec. 20.
Workplace violence prevention program.
12

(a)
Each

A
health care provider
, in consultation with the
13
provider's direct care employees or a representative of those
14
employees,
shall create
and implement a written

a
workplace
15
violence prevention program that complies with the
16
Occupational Safety and Health Administration guidelines for
17
preventing workplace violence for health care and social
18
service workers as amended or updated by the Occupational
19
Safety and Health Administration.
20

(a-5) In addition, the workplace violence prevention
21
program shall include:
22

(1) the following classifications of workplace
23

violence as one of 4 possible types:
24

(A) "Type 1 violence" means workplace violence
25

committed by a person who has no legitimate business

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1

at the work site and includes violent acts by anyone
2

who enters the workplace with the intent to commit a
3

crime.
4

(B) "Type 2 violence" means workplace violence
5

directed at employees by customers, clients, patients,
6

students, inmates, visitors, or other individuals
7

accompanying a patient.
8

(C) "Type 3 violence" means workplace violence
9

against an employee by a present or former employee,
10

supervisor, or manager.
11

(D) "Type 4 violence" means workplace violence
12

committed in the workplace by someone who does not
13

work there, but has or is known to have had a personal
14

relationship with an employee;
15

(2) management commitment and worker participation,
16

including, but not limited to, nurses
and physicians
;
17

(3) worksite analysis and identification of potential
18

hazards
, including identifying the need for additional
19

security and alarms, adequate exit routes, monitoring
20

systems, barrier protections, lighting, entry procedures,
21

and systems to identify and flag persons who have
22

previously committed violent acts in the health care
23

provider space
;
24

(4) hazard prevention and control;
25

(5) safety and health training with required hours
26

determined by rule; and

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(6) recordkeeping and
annual
evaluation of the
2

violence prevention program.
3

(a-10) The workplace violence prevention program shall be
4
tailored to conditions and hazards for each health care
5
provider. Each workplace violence prevention program shall
6
include procedures for the following:
7

(1) Identification of an employee or employees
8

responsible for implementation of the program.
9

(2) Risk assessment and identification of areas and
10

units where employees and patients may be at higher risk.
11

Health care providers, in consultation with direct care
12

employees, shall consider past violent incidents.
13

(3) Implementation of a system for employees to report
14

workplace violence risks, hazards, and incidents to the
15

health care provider, law enforcement, or the Department.
16

(4) Post-incident investigation reports of workplace
17

violence available to employees and representatives.
18

(5) Medical treatment to those affected employees and
19

patients.
20

(6) Providing information about available trauma
21

related counseling.
22

(7) Procedures for emergency response, including
23

procedures for threats of mass casualties and procedures
24

for incidents involving a dangerous weapon.
25

Each workplace violence prevention program shall be
26
available to the employees of a health care provider.

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(a-15) Any health care worker may make a report to the
2
Department or to a law enforcement officer if the health care
3
worker has experienced or witnessed a workplace violence
4
incident.

5

(a-20) A health care provider shall submit the proposed
6
workplace violence prevention program to the Department for
7
its approval.

8

(b) The Department of Public Health may by rule adopt
9
additional criteria for workplace violence prevention
10
programs.
11
(Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.)

12

(210 ILCS 160/25.1 new)
13

Sec. 25.1.
Violent incident investigation.

14

(a) Within 48 hours after becoming aware of a workplace
15
violence incident or threat of an incident, the health care
16
provider shall initiate an investigation into the incident,
17
risk, or hazard, and the employer shall:
18

(1) review the circumstances of the incident, risk, or
19

hazard and whether any controls or measures implemented
20

under the workplace violence prevention program of the
21

employer were effective; and
22

(2) solicit input from involved employees, the
23

employees' representatives, and supervisors about the
24

cause of the incident, risk, or hazard, and whether
25

further corrective measures, including system-level

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1

factors, could have prevented the incident, risk, or
2

hazard.
3

(b) A health care provider shall document the findings,
4
recommendations, and corrective measures taken for each
5
investigation conducted under this Section.

6

(210 ILCS 160/25.2 new)
7

Sec. 25.2.
Recordkeeping.

8

(a) The Department shall by rule develop a template or
9
form for health care providers to use to log incidents of
10
workplace violence. The form shall include, at a minimum:
11

(1) the violent incident, including environmental risk
12

factors present at the time of the incident;
13

(2) the date, time, and location of the incident and
14

the names and job titles of involved employees;
15

(3) the nature and extent of injuries to employees and
16

patients who were impacted;
17

(4) a classification of the perpetrator who committed
18

the violence, including whether the perpetrator was:
19

(A) a patient, client, resident, or customer of a
20

covered employer;
21

(B) a family or friend of a patient, client,
22

resident, or customer of a covered employer;
23

(C) a stranger;
24

(D) a co-worker, supervisor, or manager of a
25

covered employee;

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1

(E) a partner, spouse, parent, or relative of a
2

covered employee; or
3

(F) any other appropriate classification;
4

(5) the type of violent incident, such as type 1
5

violence, type 2 violence, type 3 violence, or type 4
6

violence; and
7

(6) how the incident was abated.
8

(b) Records maintained in accordance with this Section are
9
confidential and not subject to the Freedom of Information
10
Act.

11

(210 ILCS 160/25.3 new)
12

Sec. 25.3.
Reporting.

13

(a) Each health care provider shall prepare and annually
14
submit to the Director a summary of each violent incident log
15
for the preceding calendar year. The report, which shall be
16
completed on a form provided by the Director, shall at a
17
minimum include:
18

(1) the total number of violent incidents;
19

(2) the total number of recordable injuries related to
20

the violent incidents;
21

(3) the areas where the violent incidents happened;
22

and
23

(4) the incident response and abatement measures
24

taken.
25

(b) The Department shall provide an annual report to the

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1
General Assembly summarizing the reports received. The
2
Department shall also publish the report on its publicly
3
available website.

4

(210 ILCS 160/40 new)
5

Sec. 40.
Penalties.
6

(a) Failure to submit a workplace violence prevention
7
program within 6 months after the effective date of this
8
amendatory Act shall result in a penalty of $500 per day.
9

(b) If the Department finds that a health care provider is
10
in violation of this Act, the health care provider shall
11
submit to the Department, for its approval, a plan of
12
correction. If a health care provider violates an approved
13
plan of correction within 6 months after its submission, the
14
Department may impose a penalty on the health facility. For
15
the first violation of an approved plan of correction, the
16
Department may impose a penalty of up to $500 per day. For a
17
second or subsequent violation of an approved plan of
18
correction, the Department may impose a penalty of up to
19
$1,000 per day. The total fines imposed under this Act against
20
a health care provider in a 12-month period shall not exceed
21
$365,000.

22

Section 95.
No acceleration or delay.
Where this Act makes
23
changes in a statute that is represented in this Act by text
24
that is not yet or no longer in effect (for example, a Section

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1
represented by multiple versions), the use of that text does
2
not accelerate or delay the taking effect of (i) the changes
3
made by this Act or (ii) provisions derived from any other
4
Public Act.

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