FOIA-LAW ENFORCEMENT RECORDS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3218

Introduced 2/2/2026, by Sen. Donald P. DeWitte

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 18393 WRO 31835 b

A BILL FOR

SB3218
LRB104 18393 WRO 31835 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

SB3218
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LRB104 18393 WRO 31835 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

SB3218
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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.)

SB3218
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LRB104 18393 WRO 31835 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

SB3218
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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

SB3218
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LRB104 18393 WRO 31835 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.

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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

SB3218
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LRB104 18393 WRO 31835 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

SB3218
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LRB104 18393 WRO 31835 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,

SB3218
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LRB104 18393 WRO 31835 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
21

that is the recipient of the request did not create the
22

record, did not participate in or have a role in any of the
23

events which are the subject of the record, and only has
24

access to the record through the shared electronic record
25

management system.
26

(d-6) Records contained in the Officer Professional

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LRB104 18393 WRO 31835 b
1

Conduct Database under Section 9.2 of the Illinois Police
2

Training Act, except to the extent authorized under that
3

Section. This includes the documents supplied to the
4

Illinois Law Enforcement Training Standards Board from the
5

Illinois State Police and Illinois State Police Merit
6

Board.
7

(d-7) Information gathered or records created from the
8

use of automatic license plate readers in connection with
9

Section 2-130 of the Illinois Vehicle Code.
10

(e) Records that relate to or affect the security of
11

correctional institutions and detention facilities.
12

(e-5) Records requested by persons committed to the
13

Department of Corrections, Department of Human Services
14

Division of Mental Health, or a county jail if those
15

materials are available in the library of the correctional
16

institution or facility or jail where the inmate is
17

confined.
18

(e-6) Records requested by persons committed to the
19

Department of Corrections, Department of Human Services
20

Division of Mental Health, or a county jail if those
21

materials include records from staff members' personnel
22

files, staff rosters, or other staffing assignment
23

information.
24

(e-7) Records requested by persons committed to the
25

Department of Corrections or Department of Human Services
26

Division of Mental Health if those materials are available

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LRB104 18393 WRO 31835 b
1

through an administrative request to the Department of
2

Corrections or Department of Human Services Division of
3

Mental Health.
4

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

Department of Corrections, Department of Human Services
6

Division of Mental Health, or a county jail, the
7

disclosure of which would result in the risk of harm to any
8

person or the risk of an escape from a jail or correctional
9

institution or facility.
10

(e-9) Records requested by a person in a county jail
11

or committed to the Department of Corrections or
12

Department of Human Services Division of Mental Health,
13

containing personal information pertaining to the person's
14

victim or the victim's family, including, but not limited
15

to, a victim's home address, home telephone number, work
16

or school address, work telephone number, social security
17

number, or any other identifying information, except as
18

may be relevant to a requester's current or potential case
19

or claim.
20

(e-10) Law enforcement records of other persons
21

requested by a person committed to the Department of
22

Corrections, Department of Human Services Division of
23

Mental Health, or a county jail, including, but not
24

limited to, arrest and booking records, mug shots,
police
25

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

26

and crime scene photographs, except as these records may

SB3218
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LRB104 18393 WRO 31835 b
1

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

or claim.
3

(e-11) Law enforcement records of other persons
4

requested by a person or news media, including, but not
5

limited to, arrest and booking records if published
6

publicly, mug shots if published publicly, body-worn
7

camera footage, in-car camera footage, 9-1-1 audio files,
8

crime scene photographs, or other similar law enforcement
9

records, except as these records may be relevant to the
10

requester's current or potential case or claim.

11

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

in a manner that circumvents the process used by the
13

courts to address whether arrest and booking records, mug
14

shots, body-worn camera footage, in-car camera footage,
15

911 audio files, crime scene photographs, or other similar
16

law enforcement records are to be made publicly available,
17

except as these records may be relevant to the requester's
18

current or potential case or claim.

19

(f) Preliminary drafts, notes, recommendations,
20

memoranda, and other records in which opinions are
21

expressed, or policies or actions are formulated, except
22

that a specific record or relevant portion of a record
23

shall not be exempt when the record is publicly cited and
24

identified by the head of the public body. The exemption
25

provided in this paragraph (f) extends to all those
26

records of officers and agencies of the General Assembly

SB3218
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LRB104 18393 WRO 31835 b
1

that pertain to the preparation of legislative documents.
2

(g) Trade secrets and commercial or financial
3

information obtained from a person or business where the
4

trade secrets or commercial or financial information are
5

furnished under a claim that they are proprietary,
6

privileged, or confidential, and that disclosure of the
7

trade secrets or commercial or financial information would
8

cause competitive harm to the person or business, and only
9

insofar as the claim directly applies to the records
10

requested.
11

The information included under this exemption includes
12

all trade secrets and commercial or financial information
13

obtained by a public body, including a public pension
14

fund, from a private equity fund or a privately held
15

company within the investment portfolio of a private
16

equity fund as a result of either investing or evaluating
17

a potential investment of public funds in a private equity
18

fund. The exemption contained in this item does not apply
19

to the aggregate financial performance information of a
20

private equity fund, nor to the identity of the fund's
21

managers or general partners. The exemption contained in
22

this item does not apply to the identity of a privately
23

held company within the investment portfolio of a private
24

equity fund, unless the disclosure of the identity of a
25

privately held company may cause competitive harm.
26

Nothing contained in this paragraph (g) shall be

SB3218
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LRB104 18393 WRO 31835 b
1

construed to prevent a person or business from consenting
2

to disclosure.
3

(h) Proposals and bids for any contract, grant, or
4

agreement, including information which if it were
5

disclosed would frustrate procurement or give an advantage
6

to any person proposing to enter into a contractor
7

agreement with the body, until an award or final selection
8

is made. Information prepared by or for the body in
9

preparation of a bid solicitation shall be exempt until an
10

award or final selection is made.
11

(i) Valuable formulae, computer geographic systems,
12

designs, drawings, and research data obtained or produced
13

by any public body when disclosure could reasonably be
14

expected to produce private gain or public loss. The
15

exemption for "computer geographic systems" provided in
16

this paragraph (i) does not extend to requests made by
17

news media as defined in Section 2 of this Act when the
18

requested information is not otherwise exempt and the only
19

purpose of the request is to access and disseminate
20

information regarding the health, safety, welfare, or
21

legal rights of the general public.
22

(j) The following information pertaining to
23

educational matters:
24

(i) test questions, scoring keys, and other
25

examination data used to administer an academic
26

examination;

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1

(ii) information received by a primary or
2

secondary school, college, or university under its
3

procedures for the evaluation of faculty members by
4

their academic peers;
5

(iii) information concerning a school or
6

university's adjudication of student disciplinary
7

cases, but only to the extent that disclosure would
8

unavoidably reveal the identity of the student; and
9

(iv) course materials or research materials used
10

by faculty members.
11

(k) Architects' plans, engineers' technical
12

submissions, and other construction related technical
13

documents for projects not constructed or developed in
14

whole or in part with public funds and the same for
15

projects constructed or developed with public funds,
16

including, but not limited to, power generating and
17

distribution stations and other transmission and
18

distribution facilities, water treatment facilities,
19

airport facilities, sport stadiums, convention centers,
20

and all government owned, operated, or occupied buildings,
21

but only to the extent that disclosure would compromise
22

security.
23

(l) Minutes of meetings of public bodies closed to the
24

public as provided in the Open Meetings Act until the
25

public body makes the minutes available to the public
26

under Section 2.06 of the Open Meetings Act.

SB3218
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1

(m) Communications between a public body and an
2

attorney or auditor representing the public body that
3

would not be subject to discovery in litigation, and
4

materials prepared or compiled by or for a public body in
5

anticipation of a criminal, civil, or administrative
6

proceeding upon the request of an attorney advising the
7

public body, and materials prepared or compiled with
8

respect to internal audits of public bodies.
9

(n) Records relating to a public body's adjudication
10

of employee grievances or disciplinary cases; however,
11

this exemption shall not extend to the final outcome of
12

cases in which discipline is imposed.
13

(o) Administrative or technical information associated
14

with automated data processing operations, including, but
15

not limited to, software, operating protocols, computer
16

program abstracts, file layouts, source listings, object
17

modules, load modules, user guides, documentation
18

pertaining to all logical and physical design of
19

computerized systems, employee manuals, and any other
20

information that, if disclosed, would jeopardize the
21

security of the system or its data or the security of
22

materials exempt under this Section.
23

(p) Records relating to collective negotiating matters
24

between public bodies and their employees or
25

representatives, except that any final contract or
26

agreement shall be subject to inspection and copying.

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1

(q) Test questions, scoring keys, and other
2

examination data used to determine the qualifications of
3

an applicant for a license or employment.
4

(r) The records, documents, and information relating
5

to real estate purchase negotiations until those
6

negotiations have been completed or otherwise terminated.
7

With regard to a parcel involved in a pending or actually
8

and reasonably contemplated eminent domain proceeding
9

under the Eminent Domain Act, records, documents, and
10

information relating to that parcel shall be exempt except
11

as may be allowed under discovery rules adopted by the
12

Illinois Supreme Court. The records, documents, and
13

information relating to a real estate sale shall be exempt
14

until a sale is consummated.
15

(s) Any and all proprietary information and records
16

related to the operation of an intergovernmental risk
17

management association or self-insurance pool or jointly
18

self-administered health and accident cooperative or pool.
19

Insurance or self-insurance (including any
20

intergovernmental risk management association or
21

self-insurance pool) claims, loss or risk management
22

information, records, data, advice, or communications.
23

(t) Information contained in or related to
24

examination, operating, or condition reports prepared by,
25

on behalf of, or for the use of a public body responsible
26

for the regulation or supervision of financial

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1

institutions, insurance companies, or pharmacy benefit
2

managers, unless disclosure is otherwise required by State
3

law.
4

(u) Information that would disclose or might lead to
5

the disclosure of secret or confidential information,
6

codes, algorithms, programs, or private keys intended to
7

be used to create electronic signatures under the Uniform
8

Electronic Transactions Act.
9

(v) Vulnerability assessments, security measures, and
10

response policies or plans that are designed to identify,
11

prevent, or respond to potential attacks upon a
12

community's population or systems, facilities, or
13

installations, but only to the extent that disclosure
14

could reasonably be expected to expose the vulnerability
15

or jeopardize the effectiveness of the measures, policies,
16

or plans, or the safety of the personnel who implement
17

them or the public. Information exempt under this item may
18

include such things as details pertaining to the
19

mobilization or deployment of personnel or equipment, to
20

the operation of communication systems or protocols, to
21

cybersecurity vulnerabilities, or to tactical operations.
22

(w) (Blank).
23

(x) Maps and other records regarding the location or
24

security of generation, transmission, distribution,
25

storage, gathering, treatment, or switching facilities
26

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

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1

Illinois Power Agency.
2

(y) Information contained in or related to proposals,
3

bids, or negotiations related to electric power
4

procurement under Section 1-75 of the Illinois Power
5

Agency Act and Section 16-111.5 of the Public Utilities
6

Act that is determined to be confidential and proprietary
7

by the Illinois Power Agency or by the Illinois Commerce
8

Commission.
9

(z) Information about students exempted from
10

disclosure under Section 10-20.38 or 34-18.29 of the
11

School Code, and information about undergraduate students
12

enrolled at an institution of higher education exempted
13

from disclosure under Section 25 of the Illinois Credit
14

Card Marketing Act of 2009.
15

(aa) Information the disclosure of which is exempted
16

under the Viatical Settlements Act of 2009.
17

(bb) Records and information provided to a mortality
18

review team and records maintained by a mortality review
19

team appointed under the Department of Juvenile Justice
20

Mortality Review Team Act.
21

(cc) Information regarding interments, entombments, or
22

inurnments of human remains that are submitted to the
23

Cemetery Oversight Database under the Cemetery Care Act or
24

the Cemetery Oversight Act, whichever is applicable.
25

(dd) Correspondence and records (i) that may not be
26

disclosed under Section 11-9 of the Illinois Public Aid

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1

Code or (ii) that pertain to appeals under Section 11-8 of
2

the Illinois Public Aid Code.
3

(ee) The names, addresses, or other personal
4

information of persons who are minors and are also
5

participants and registrants in programs of park
6

districts, forest preserve districts, conservation
7

districts, recreation agencies, and special recreation
8

associations.
9

(ff) The names, addresses, or other personal
10

information of participants and registrants in programs of
11

park districts, forest preserve districts, conservation
12

districts, recreation agencies, and special recreation
13

associations where such programs are targeted primarily to
14

minors.
15

(gg) Confidential information described in Section
16

1-100 of the Illinois Independent Tax Tribunal Act of
17

2012.
18

(hh) The report submitted to the State Board of
19

Education by the School Security and Standards Task Force
20

under item (8) of subsection (d) of Section 2-3.160 of the
21

School Code and any information contained in that report.
22

(ii) Records requested by persons committed to or
23

detained by the Department of Human Services under the
24

Sexually Violent Persons Commitment Act or committed to
25

the Department of Corrections under the Sexually Dangerous
26

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

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1

library of the facility where the individual is confined;
2

(ii) include records from staff members' personnel files,
3

staff rosters, or other staffing assignment information;
4

or (iii) are available through an administrative request
5

to the Department of Human Services or the Department of
6

Corrections.
7

(jj) Confidential information described in Section
8

5-535 of the Civil Administrative Code of Illinois.
9

(kk) The public body's credit card numbers, debit card
10

numbers, bank account numbers, Federal Employer
11

Identification Number, security code numbers, passwords,
12

and similar account information, the disclosure of which
13

could result in identity theft or impression or defrauding
14

of a governmental entity or a person.
15

(ll) Records concerning the work of the threat
16

assessment team of a school district, including, but not
17

limited to, any threat assessment procedure under the
18

School Safety Drill Act and any information contained in
19

the procedure.
20

(mm) Information prohibited from being disclosed under
21

subsections (a) and (b) of Section 15 of the Student
22

Confidential Reporting Act.
23

(nn) Proprietary information submitted to the
24

Environmental Protection Agency under the Drug Take-Back
25

Act.
26

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

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1

3-5-1 of the Unified Code of Corrections.
2

(pp) Any and all information regarding burials,
3

interments, or entombments of human remains as required to
4

be reported to the Department of Natural Resources
5

pursuant either to the Archaeological and Paleontological
6

Resources Protection Act or the Human Remains Protection
7

Act.
8

(qq) Reports described in subsection (e) of Section
9

16-15 of the Abortion Care Clinical Training Program Act.
10

(rr) Information obtained by a certified local health
11

department under the Access to Public Health Data Act.
12

(ss) For a request directed to a public body that is
13

also a HIPAA-covered entity, all information that is
14

protected health information, including demographic
15

information, that may be contained within or extracted
16

from any record held by the public body in compliance with
17

State and federal medical privacy laws and regulations,
18

including, but not limited to, the Health Insurance
19

Portability and Accountability Act and its regulations, 45
20

CFR Parts 160 and 164. As used in this paragraph,
21

"HIPAA-covered entity" has the meaning given to the term
22

"covered entity" in 45 CFR 160.103 and "protected health
23

information" has the meaning given to that term in 45 CFR
24

160.103.
25

(tt) Proposals or bids submitted by engineering
26

consultants in response to requests for proposal or other

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1

competitive bidding requests by the Department of
2

Transportation or the Illinois Toll Highway Authority.
3

(1.5) Any information exempt from disclosure under the
4
Judicial Privacy Act shall be redacted from public records
5
prior to disclosure under this Act.
6

(2) A public record that is not in the possession of a
7
public body but is in the possession of a party with whom the
8
agency has contracted to perform a governmental function on
9
behalf of the public body, and that directly relates to the
10
governmental function and is not otherwise exempt under this
11
Act, shall be considered a public record of the public body,
12
for purposes of this Act.
13

(3) This Section does not authorize withholding of
14
information or limit the availability of records to the
15
public, except as stated in this Section or otherwise provided
16
in this Act.
17
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
18
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
19
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
20
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
21
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
22
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
23
eff. 7-1-24; 103-865, eff. 1-1-25
.)

24

(Text of Section after amendment by P.A. 104-300
)
25

Sec. 7.
Exemptions.

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1

(1) When a request is made to inspect or copy a public
2
record that contains information that is exempt from
3
disclosure under this Section, but also contains information
4
that is not exempt from disclosure, the public body may elect
5
to redact the information that is exempt. The public body
6
shall make the remaining information available for inspection
7
and copying. Subject to this requirement, the following shall
8
be exempt from inspection and copying:
9

(a) Records created or compiled by a State public
10

defender agency or commission subject to the State Public
11

Defender Act that contain: individual client identity;
12

individual case file information; individual investigation
13

records and other records that are otherwise subject to
14

attorney-client privilege; records that would not be
15

discoverable in litigation; records under Section 2.15;
16

training materials; records related to attorney
17

consultation and representation strategy; or any of the
18

above concerning clients of county public defenders or
19

other defender agencies and firms. This exclusion does not
20

apply to deidentified, aggregated, administrative records,
21

such as general case processing and workload information.
22

(a-5) Information specifically prohibited from
23

disclosure by federal or State law or rules and
24

regulations implementing federal or State law.
25

(b) Private information, unless disclosure is required
26

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

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1

or a court order.
2

(b-5) Files, documents, and other data or databases
3

maintained by one or more law enforcement agencies and
4

specifically designed to provide information to one or
5

more law enforcement agencies regarding the physical or
6

mental status of one or more individual subjects.
7

(c) Personal information contained within public
8

records, the disclosure of which would constitute a
9

clearly unwarranted invasion of personal privacy, unless
10

the disclosure is consented to in writing by the
11

individual subjects of the information. "Unwarranted
12

invasion of personal privacy" means the disclosure of
13

information that is highly personal or objectionable to a
14

reasonable person and in which the subject's right to
15

privacy outweighs any legitimate public interest in
16

obtaining the information. The disclosure of information
17

that bears on the public duties of public employees and
18

officials shall not be considered an invasion of personal
19

privacy.
20

(d) Records in the possession of any public body
21

created in the course of administrative enforcement
22

proceedings, and any law enforcement or correctional
23

agency for law enforcement purposes, but only to the
24

extent that disclosure would:
25

(i) interfere with pending or actually and
26

reasonably contemplated law enforcement proceedings

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1

conducted by any law enforcement or correctional
2

agency that is the recipient of the request;
3

(ii) interfere with active administrative
4

enforcement proceedings conducted by the public body
5

that is the recipient of the request;
6

(iii) create a substantial likelihood that a
7

person will be deprived of a fair trial or an impartial
8

hearing;
9

(iv) unavoidably disclose the identity of a
10

confidential source, confidential information
11

furnished only by the confidential source, or persons
12

who file complaints with or provide information to
13

administrative, investigative, law enforcement, or
14

penal agencies; except that the identities of
15

witnesses to traffic crashes, traffic crash reports,
16

and rescue reports shall be provided by agencies of
17

local government, except when disclosure would
18

interfere with an active criminal investigation
19

conducted by the agency that is the recipient of the
20

request;
21

(v) disclose unique or specialized investigative
22

techniques other than those generally used and known
23

or disclose internal documents of correctional
24

agencies related to detection, observation, or
25

investigation of incidents of crime or misconduct, and
26

disclosure would result in demonstrable harm to the

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LRB104 18393 WRO 31835 b
1

agency or public body that is the recipient of the
2

request;
3

(vi) endanger the life or physical safety of law
4

enforcement personnel or any other person; or
5

(vii) obstruct an ongoing criminal investigation
6

by the agency that is the recipient of the request.
7

(d-5) A law enforcement record created for law
8

enforcement purposes and contained in a shared electronic
9

record management system if the law enforcement agency
10

that is the recipient of the request did not create the
11

record, did not participate in or have a role in any of the
12

events which are the subject of the record, and only has
13

access to the record through the shared electronic record
14

management system.
15

(d-6) Records contained in the Officer Professional
16

Conduct Database under Section 9.2 of the Illinois Police
17

Training Act, except to the extent authorized under that
18

Section. This includes the documents supplied to the
19

Illinois Law Enforcement Training Standards Board from the
20

Illinois State Police and Illinois State Police Merit
21

Board.
22

(d-7) Information gathered or records created from the
23

use of automatic license plate readers in connection with
24

Section 2-130 of the Illinois Vehicle Code.
25

(e) Records that relate to or affect the security of
26

correctional institutions and detention facilities.

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1

(e-5) Records requested by persons committed to the
2

Department of Corrections, Department of Human Services
3

Division of Mental Health, or a county jail if those
4

materials are available in the library of the correctional
5

institution or facility or jail where the inmate is
6

confined.
7

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

Department of Corrections, Department of Human Services
9

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

materials include records from staff members' personnel
11

files, staff rosters, or other staffing assignment
12

information.
13

(e-7) Records requested by persons committed to the
14

Department of Corrections or Department of Human Services
15

Division of Mental Health if those materials are available
16

through an administrative request to the Department of
17

Corrections or Department of Human Services Division of
18

Mental Health.
19

(e-8) Records requested by a person committed to the
20

Department of Corrections, Department of Human Services
21

Division of Mental Health, or a county jail, the
22

disclosure of which would result in the risk of harm to any
23

person or the risk of an escape from a jail or correctional
24

institution or facility.
25

(e-9) Records requested by a person in a county jail
26

or committed to the Department of Corrections or

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1

Department of Human Services Division of Mental Health,
2

containing personal information pertaining to the person's
3

victim or the victim's family, including, but not limited
4

to, a victim's home address, home telephone number, work
5

or school address, work telephone number, social security
6

number, or any other identifying information, except as
7

may be relevant to a requester's current or potential case
8

or claim.
9

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

requested by a person committed to the Department of
11

Corrections, Department of Human Services Division of
12

Mental Health, or a county jail, including, but not
13

limited to, arrest and booking records, mug shots,
police
14

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

15

and crime scene photographs, except as these records may
16

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

or claim.
18

(e-11) Law enforcement records of other persons
19

requested by a person or news media, including, but not
20

limited to, arrest and booking records if published
21

publicly, mug shots if published publicly, body-worn
22

camera footage, in-car camera footage, 911 audio files,
23

crime scene photographs, or other similar law enforcement
24

records, except as these records may be relevant to the
25

requester's current or potential case or claim.

26

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

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1

in a manner that circumvents the process used by the
2

courts to address whether arrest and booking records, mug
3

shots, body-worn camera footage, in-car camera footage,
4

911 audio files, crime scene photographs, or other similar
5

law enforcement records are to be made publicly available,
6

except as these records may be relevant to the requester's
7

current or potential case or claim.

8

(f) Preliminary drafts, notes, recommendations,
9

memoranda, and other records in which opinions are
10

expressed, or policies or actions are formulated, except
11

that a specific record or relevant portion of a record
12

shall not be exempt when the record is publicly cited and
13

identified by the head of the public body. The exemption
14

provided in this paragraph (f) extends to all those
15

records of officers and agencies of the General Assembly
16

that pertain to the preparation of legislative documents.
17

(g) Trade secrets and commercial or financial
18

information obtained from a person or business where the
19

trade secrets or commercial or financial information are
20

furnished under a claim that they are proprietary,
21

privileged, or confidential, and that disclosure of the
22

trade secrets or commercial or financial information would
23

cause competitive harm to the person or business, and only
24

insofar as the claim directly applies to the records
25

requested.
26

The information included under this exemption includes

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1

all trade secrets and commercial or financial information
2

obtained by a public body, including a public pension
3

fund, from a private equity fund or a privately held
4

company within the investment portfolio of a private
5

equity fund as a result of either investing or evaluating
6

a potential investment of public funds in a private equity
7

fund. The exemption contained in this item does not apply
8

to the aggregate financial performance information of a
9

private equity fund, nor to the identity of the fund's
10

managers or general partners. The exemption contained in
11

this item does not apply to the identity of a privately
12

held company within the investment portfolio of a private
13

equity fund, unless the disclosure of the identity of a
14

privately held company may cause competitive harm.
15

Nothing contained in this paragraph (g) shall be
16

construed to prevent a person or business from consenting
17

to disclosure.
18

(h) Proposals and bids for any contract, grant, or
19

agreement, including information which if it were
20

disclosed would frustrate procurement or give an advantage
21

to any person proposing to enter into a contractor
22

agreement with the body, until an award or final selection
23

is made. Information prepared by or for the body in
24

preparation of a bid solicitation shall be exempt until an
25

award or final selection is made.
26

(i) Valuable formulae, computer geographic systems,

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1

designs, drawings, and research data obtained or produced
2

by any public body when disclosure could reasonably be
3

expected to produce private gain or public loss. The
4

exemption for "computer geographic systems" provided in
5

this paragraph (i) does not extend to requests made by
6

news media as defined in Section 2 of this Act when the
7

requested information is not otherwise exempt and the only
8

purpose of the request is to access and disseminate
9

information regarding the health, safety, welfare, or
10

legal rights of the general public.
11

(j) The following information pertaining to
12

educational matters:
13

(i) test questions, scoring keys, and other
14

examination data used to administer an academic
15

examination;
16

(ii) information received by a primary or
17

secondary school, college, or university under its
18

procedures for the evaluation of faculty members by
19

their academic peers;
20

(iii) information concerning a school or
21

university's adjudication of student disciplinary
22

cases, but only to the extent that disclosure would
23

unavoidably reveal the identity of the student; and
24

(iv) course materials or research materials used
25

by faculty members.
26

(k) Architects' plans, engineers' technical

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1

submissions, and other construction related technical
2

documents for projects not constructed or developed in
3

whole or in part with public funds and the same for
4

projects constructed or developed with public funds,
5

including, but not limited to, power generating and
6

distribution stations and other transmission and
7

distribution facilities, water treatment facilities,
8

airport facilities, sport stadiums, convention centers,
9

and all government owned, operated, or occupied buildings,
10

but only to the extent that disclosure would compromise
11

security.
12

(l) Minutes of meetings of public bodies closed to the
13

public as provided in the Open Meetings Act until the
14

public body makes the minutes available to the public
15

under Section 2.06 of the Open Meetings Act.
16

(m) Communications between a public body and an
17

attorney or auditor representing the public body that
18

would not be subject to discovery in litigation, and
19

materials prepared or compiled by or for a public body in
20

anticipation of a criminal, civil, or administrative
21

proceeding upon the request of an attorney advising the
22

public body, and materials prepared or compiled with
23

respect to internal audits of public bodies.
24

(n) Records relating to a public body's adjudication
25

of employee grievances or disciplinary cases; however,
26

this exemption shall not extend to the final outcome of

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1

cases in which discipline is imposed.
2

(o) Administrative or technical information associated
3

with automated data processing operations, including, but
4

not limited to, software, operating protocols, computer
5

program abstracts, file layouts, source listings, object
6

modules, load modules, user guides, documentation
7

pertaining to all logical and physical design of
8

computerized systems, employee manuals, and any other
9

information that, if disclosed, would jeopardize the
10

security of the system or its data or the security of
11

materials exempt under this Section.
12

(p) Records relating to collective negotiating matters
13

between public bodies and their employees or
14

representatives, except that any final contract or
15

agreement shall be subject to inspection and copying.
16

(q) Test questions, scoring keys, and other
17

examination data used to determine the qualifications of
18

an applicant for a license or employment.
19

(r) The records, documents, and information relating
20

to real estate purchase negotiations until those
21

negotiations have been completed or otherwise terminated.
22

With regard to a parcel involved in a pending or actually
23

and reasonably contemplated eminent domain proceeding
24

under the Eminent Domain Act, records, documents, and
25

information relating to that parcel shall be exempt except
26

as may be allowed under discovery rules adopted by the

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LRB104 18393 WRO 31835 b
1

Illinois Supreme Court. The records, documents, and
2

information relating to a real estate sale shall be exempt
3

until a sale is consummated.
4

(s) Any and all proprietary information and records
5

related to the operation of an intergovernmental risk
6

management association or self-insurance pool or jointly
7

self-administered health and accident cooperative or pool.
8

Insurance or self-insurance (including any
9

intergovernmental risk management association or
10

self-insurance pool) claims, loss or risk management
11

information, records, data, advice, or communications.
12

(t) Information contained in or related to
13

examination, operating, or condition reports prepared by,
14

on behalf of, or for the use of a public body responsible
15

for the regulation or supervision of financial
16

institutions, insurance companies, or pharmacy benefit
17

managers, unless disclosure is otherwise required by State
18

law.
19

(u) Information that would disclose or might lead to
20

the disclosure of secret or confidential information,
21

codes, algorithms, programs, or private keys intended to
22

be used to create electronic signatures under the Uniform
23

Electronic Transactions Act.
24

(v) Vulnerability assessments, security measures, and
25

response policies or plans that are designed to identify,
26

prevent, or respond to potential attacks upon a

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1

community's population or systems, facilities, or
2

installations, but only to the extent that disclosure
3

could reasonably be expected to expose the vulnerability
4

or jeopardize the effectiveness of the measures, policies,
5

or plans, or the safety of the personnel who implement
6

them or the public. Information exempt under this item may
7

include such things as details pertaining to the
8

mobilization or deployment of personnel or equipment, to
9

the operation of communication systems or protocols, to
10

cybersecurity vulnerabilities, or to tactical operations.
11

(w) (Blank).
12

(x) Maps and other records regarding the location or
13

security of generation, transmission, distribution,
14

storage, gathering, treatment, or switching facilities
15

owned by a utility, by a power generator, or by the
16

Illinois Power Agency.
17

(y) Information contained in or related to proposals,
18

bids, or negotiations related to electric power
19

procurement under Section 1-75 of the Illinois Power
20

Agency Act and Section 16-111.5 of the Public Utilities
21

Act that is determined to be confidential and proprietary
22

by the Illinois Power Agency or by the Illinois Commerce
23

Commission.
24

(z) Information about students exempted from
25

disclosure under Section 10-20.38 or 34-18.29 of the
26

School Code, and information about undergraduate students

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1

enrolled at an institution of higher education exempted
2

from disclosure under Section 25 of the Illinois Credit
3

Card Marketing Act of 2009.
4

(aa) Information the disclosure of which is exempted
5

under the Viatical Settlements Act of 2009.
6

(bb) Records and information provided to a mortality
7

review team and records maintained by a mortality review
8

team appointed under the Department of Juvenile Justice
9

Mortality Review Team Act.
10

(cc) Information regarding interments, entombments, or
11

inurnments of human remains that are submitted to the
12

Cemetery Oversight Database under the Cemetery Care Act or
13

the Cemetery Oversight Act, whichever is applicable.
14

(dd) Correspondence and records (i) that may not be
15

disclosed under Section 11-9 of the Illinois Public Aid
16

Code or (ii) that pertain to appeals under Section 11-8 of
17

the Illinois Public Aid Code.
18

(ee) The names, addresses, or other personal
19

information of persons who are minors and are also
20

participants and registrants in programs of park
21

districts, forest preserve districts, conservation
22

districts, recreation agencies, and special recreation
23

associations.
24

(ff) The names, addresses, or other personal
25

information of participants and registrants in programs of
26

park districts, forest preserve districts, conservation

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LRB104 18393 WRO 31835 b
1

districts, recreation agencies, and special recreation
2

associations where such programs are targeted primarily to
3

minors.
4

(gg) Confidential information described in Section
5

1-100 of the Illinois Independent Tax Tribunal Act of
6

2012.
7

(hh) The report submitted to the State Board of
8

Education by the School Security and Standards Task Force
9

under item (8) of subsection (d) of Section 2-3.160 of the
10

School Code and any information contained in that report.
11

(ii) Records requested by persons committed to or
12

detained by the Department of Human Services under the
13

Sexually Violent Persons Commitment Act or committed to
14

the Department of Corrections under the Sexually Dangerous
15

Persons Act if those materials: (i) are available in the
16

library of the facility where the individual is confined;
17

(ii) include records from staff members' personnel files,
18

staff rosters, or other staffing assignment information;
19

or (iii) are available through an administrative request
20

to the Department of Human Services or the Department of
21

Corrections.
22

(jj) Confidential information described in Section
23

5-535 of the Civil Administrative Code of Illinois.
24

(kk) The public body's credit card numbers, debit card
25

numbers, bank account numbers, Federal Employer
26

Identification Number, security code numbers, passwords,

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LRB104 18393 WRO 31835 b
1

and similar account information, the disclosure of which
2

could result in identity theft or impression or defrauding
3

of a governmental entity or a person.
4

(ll) Records concerning the work of the threat
5

assessment team of a school district, including, but not
6

limited to, any threat assessment procedure under the
7

School Safety Drill Act and any information contained in
8

the procedure.
9

(mm) Information prohibited from being disclosed under
10

subsections (a) and (b) of Section 15 of the Student
11

Confidential Reporting Act.
12

(nn) Proprietary information submitted to the
13

Environmental Protection Agency under the Drug Take-Back
14

Act.
15

(oo) Records described in subsection (f) of Section
16

3-5-1 of the Unified Code of Corrections.
17

(pp) Any and all information regarding burials,
18

interments, or entombments of human remains as required to
19

be reported to the Department of Natural Resources
20

pursuant either to the Archaeological and Paleontological
21

Resources Protection Act or the Human Remains Protection
22

Act.
23

(qq) Reports described in subsection (e) of Section
24

16-15 of the Abortion Care Clinical Training Program Act.
25

(rr) Information obtained by a certified local health
26

department under the Access to Public Health Data Act.

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LRB104 18393 WRO 31835 b
1

(ss) For a request directed to a public body that is
2

also a HIPAA-covered entity, all information that is
3

protected health information, including demographic
4

information, that may be contained within or extracted
5

from any record held by the public body in compliance with
6

State and federal medical privacy laws and regulations,
7

including, but not limited to, the Health Insurance
8

Portability and Accountability Act and its regulations, 45
9

CFR Parts 160 and 164. As used in this paragraph,
10

"HIPAA-covered entity" has the meaning given to the term
11

"covered entity" in 45 CFR 160.103 and "protected health
12

information" has the meaning given to that term in 45 CFR
13

160.103.
14

(tt) Proposals or bids submitted by engineering
15

consultants in response to requests for proposal or other
16

competitive bidding requests by the Department of
17

Transportation or the Illinois Toll Highway Authority.
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

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

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LRB104 18393 WRO 31835 b
1
for purposes of this Act.
2

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

10

Section 95.
No acceleration or delay.
Where this Act makes
11
changes in a statute that is represented in this Act by text
12
that is not yet or no longer in effect (for example, a Section
13
represented by multiple versions), the use of that text does
14
not accelerate or delay the taking effect of (i) the changes
15
made by this Act or (ii) provisions derived from any other
16
Public Act.

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