HATE CRIMES-UNIFORM REPORTING

Illinois General Assembly - Full Text of SB3826

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SB3826 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3826

Introduced 2/6/2026, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

See Index

Amends the Uniform Crime Reporting Act. Provides that each law
enforcement agency shall submit a report to the Illinois State Police
after receiving a complaint of a hate crime or other bias-related
complaint within 2 weeks of receiving the complaint. Describes information
to be contained in the report. Provides that, when handling a hate crime or
bias-related complaint, each law enforcement agency shall (1) approach
victims in a sensitive and supportive manner; (2) reassure victims that
appropriate investigative and enforcement methods will be used by the law
enforcement agency to properly address the bias incident; (3) as required
by the facts and circumstances surrounding the suspected or confirmed bias
incident, ensure that a thorough and complete initial response
investigation and a follow-up investigation are conducted, including
providing for appropriate community relations activities and crime
prevention programs; (4) refer the victims and the witnesses to the
appropriate Office of Victim-Witness Advocacy or the Division on Civil
Rights; (5) interact with concerned community service organizations, civic
groups, and religious institutions regarding the bias incident; and (6)
effectively calm victims and reduce their fear and alienation through
direct, ongoing official communication regarding the bias incident.
Provides that the Illinois State Police must identify patterns and analyze
the information reported to it for the purpose of connecting the
information to other reported crimes or incidents, create a reporting form
or process to receive this information, review all reports, and
disseminate to potentially affected law enforcement agencies and create a
process for the sharing of all the reported incidents with law enforcement
agencies across the State. Provides that each law enforcement agency shall
identify a point of contact in regard to hate crime reporting within the
agency and provide the Illinois State Police with that person's name and
contact information. Provides that the Illinois State Police shall adopt
rules identifying other bias-related complaints that must be reported.
Makes a conforming change. Amends the Freedom of Information Act to exempt
reports and information received under the hate crime and bias-related
incident reporting under the Uniform Crime Reporting Act.
LRB104 19243 RTM 32689 b

A BILL FOR

SB3826
LRB104 19243 RTM 32689 b
1

AN ACT concerning State government.

2

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

4

Section 5.
The Freedom of Information Act is amended by
5
changing Section 7 as follows:

6

(5 ILCS 140/7)
7

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

Sec. 7.
Exemptions.
9

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

(a) Information specifically prohibited from
18

disclosure by federal or State law or rules and
19

regulations implementing federal or State law.
20

(b) Private information, unless disclosure is required
21

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

or a court order.
23

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

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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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(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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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

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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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(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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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

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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

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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

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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

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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.

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(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

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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;

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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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(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

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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) Reports prepared for or prepared by the Illinois
15

State Police, or documents given to or shared by the
16

Illinois State Police, under Section 5-13 of the Uniform
17

Crime Reporting Act.

18

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

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

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

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1
Act.
2

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

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

18

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

Sec. 7.
Exemptions.
20

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

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1
and copying. Subject to this requirement, the following shall
2
be exempt from inspection and copying:
3

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

defender agency or commission subject to the State Public
5

Defender Act that contain: individual client identity;
6

individual case file information; individual investigation
7

records and other records that are otherwise subject to
8

attorney-client privilege; records that would not be
9

discoverable in litigation; records under Section 2.15;
10

training materials; records related to attorney
11

consultation and representation strategy; or any of the
12

above concerning clients of county public defenders or
13

other defender agencies and firms. This exclusion does not
14

apply to deidentified, aggregated, administrative records,
15

such as general case processing and workload information.
16

(a-5) Information specifically prohibited from
17

disclosure by federal or State law or rules and
18

regulations implementing federal or State law.
19

(b) Private information, unless disclosure is required
20

by another provision of this Act, a State or federal law,
21

or a court order.
22

(b-5) Files, documents, and other data or databases
23

maintained by one or more law enforcement agencies and
24

specifically designed to provide information to one or
25

more law enforcement agencies regarding the physical or
26

mental status of one or more individual subjects.

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(c) Personal information contained within public
2

records, the disclosure of which would constitute a
3

clearly unwarranted invasion of personal privacy, unless
4

the disclosure is consented to in writing by the
5

individual subjects of the information. "Unwarranted
6

invasion of personal privacy" means the disclosure of
7

information that is highly personal or objectionable to a
8

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

privacy outweighs any legitimate public interest in
10

obtaining the information. The disclosure of information
11

that bears on the public duties of public employees and
12

officials shall not be considered an invasion of personal
13

privacy.
14

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

created in the course of administrative enforcement
16

proceedings, and any law enforcement or correctional
17

agency for law enforcement purposes, but only to the
18

extent that disclosure would:
19

(i) interfere with pending or actually and
20

reasonably contemplated law enforcement proceedings
21

conducted by any law enforcement or correctional
22

agency that is the recipient of the request;
23

(ii) interfere with active administrative
24

enforcement proceedings conducted by the public body
25

that is the recipient of the request;
26

(iii) create a substantial likelihood that a

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

hearing;
3

(iv) unavoidably disclose the identity of a
4

confidential source, confidential information
5

furnished only by the confidential source, or persons
6

who file complaints with or provide information to
7

administrative, investigative, law enforcement, or
8

penal agencies; except that the identities of
9

witnesses to traffic crashes, traffic crash reports,
10

and rescue reports shall be provided by agencies of
11

local government, except when disclosure would
12

interfere with an active criminal investigation
13

conducted by the agency that is the recipient of the
14

request;
15

(v) disclose unique or specialized investigative
16

techniques other than those generally used and known
17

or disclose internal documents of correctional
18

agencies related to detection, observation, or
19

investigation of incidents of crime or misconduct, and
20

disclosure would result in demonstrable harm to the
21

agency or public body that is the recipient of the
22

request;
23

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

enforcement personnel or any other person; or
25

(vii) obstruct an ongoing criminal investigation
26

by the agency that is the recipient of the request.

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

enforcement purposes and contained in a shared electronic
3

record management system if the law enforcement agency or
4

criminal justice agency that is the recipient of the
5

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

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

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

the shared electronic record management system. As used in
9

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

Illinois Criminal Justice Information Authority or the
11

Illinois Sentencing Policy Advisory Council.
12

(d-6) Records contained in the Officer Professional
13

Conduct Database under Section 9.2 of the Illinois Police
14

Training Act, except to the extent authorized under that
15

Section. This includes the documents supplied to the
16

Illinois Law Enforcement Training Standards Board from the
17

Illinois State Police and Illinois State Police Merit
18

Board.
19

(d-7) Information gathered or records created from the
20

use of automatic license plate readers in connection with
21

Section 2-130 of the Illinois Vehicle Code.
22

(e) Records that relate to or affect the security of
23

correctional institutions and detention facilities.
24

(e-5) Records requested by persons committed to the
25

Department of Corrections, Department of Human Services
26

Division of Mental Health, or a county jail if those

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materials are available in the library of the correctional
2

institution or facility or jail where the inmate is
3

confined.
4

(e-6) Records requested by persons committed to the
5

Department of Corrections, Department of Human Services
6

Division of Mental Health, or a county jail if those
7

materials include records from staff members' personnel
8

files, staff rosters, or other staffing assignment
9

information.
10

(e-7) Records requested by persons committed to the
11

Department of Corrections or Department of Human Services
12

Division of Mental Health if those materials are available
13

through an administrative request to the Department of
14

Corrections or Department of Human Services Division of
15

Mental Health.
16

(e-8) Records requested by a person committed to the
17

Department of Corrections, Department of Human Services
18

Division of Mental Health, or a county jail, the
19

disclosure of which would result in the risk of harm to any
20

person or the risk of an escape from a jail or correctional
21

institution or facility.
22

(e-9) Records requested by a person in a county jail
23

or committed to the Department of Corrections or
24

Department of Human Services Division of Mental Health,
25

containing personal information pertaining to the person's
26

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

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to, a victim's home address, home telephone number, work
2

or school address, work telephone number, social security
3

number, or any other identifying information, except as
4

may be relevant to a requester's current or potential case
5

or claim.
6

(e-10) Law enforcement records of other persons
7

requested by a person committed to the Department of
8

Corrections, Department of Human Services Division of
9

Mental Health, or a county jail, including, but not
10

limited to, arrest and booking records, mug shots, and
11

crime scene photographs, except as these records may be
12

relevant to the requester's current or potential case or
13

claim.
14

(f) Preliminary drafts, notes, recommendations,
15

memoranda, and other records in which opinions are
16

expressed, or policies or actions are formulated, except
17

that a specific record or relevant portion of a record
18

shall not be exempt when the record is publicly cited and
19

identified by the head of the public body. The exemption
20

provided in this paragraph (f) extends to all those
21

records of officers and agencies of the General Assembly
22

that pertain to the preparation of legislative documents.
23

(g) Trade secrets and commercial or financial
24

information obtained from a person or business where the
25

trade secrets or commercial or financial information are
26

furnished under a claim that they are proprietary,

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privileged, or confidential, and that disclosure of the
2

trade secrets or commercial or financial information would
3

cause competitive harm to the person or business, and only
4

insofar as the claim directly applies to the records
5

requested.
6

The information included under this exemption includes
7

all trade secrets and commercial or financial information
8

obtained by a public body, including a public pension
9

fund, from a private equity fund or a privately held
10

company within the investment portfolio of a private
11

equity fund as a result of either investing or evaluating
12

a potential investment of public funds in a private equity
13

fund. The exemption contained in this item does not apply
14

to the aggregate financial performance information of a
15

private equity fund, nor to the identity of the fund's
16

managers or general partners. The exemption contained in
17

this item does not apply to the identity of a privately
18

held company within the investment portfolio of a private
19

equity fund, unless the disclosure of the identity of a
20

privately held company may cause competitive harm.
21

Nothing contained in this paragraph (g) shall be
22

construed to prevent a person or business from consenting
23

to disclosure.
24

(h) Proposals and bids for any contract, grant, or
25

agreement, including information which if it were
26

disclosed would frustrate procurement or give an advantage

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1

to any person proposing to enter into a contractor
2

agreement with the body, until an award or final selection
3

is made. Information prepared by or for the body in
4

preparation of a bid solicitation shall be exempt until an
5

award or final selection is made.
6

(i) Valuable formulae, computer geographic systems,
7

designs, drawings, and research data obtained or produced
8

by any public body when disclosure could reasonably be
9

expected to produce private gain or public loss. The
10

exemption for "computer geographic systems" provided in
11

this paragraph (i) does not extend to requests made by
12

news media as defined in Section 2 of this Act when the
13

requested information is not otherwise exempt and the only
14

purpose of the request is to access and disseminate
15

information regarding the health, safety, welfare, or
16

legal rights of the general public.
17

(j) The following information pertaining to
18

educational matters:
19

(i) test questions, scoring keys, and other
20

examination data used to administer an academic
21

examination;
22

(ii) information received by a primary or
23

secondary school, college, or university under its
24

procedures for the evaluation of faculty members by
25

their academic peers;
26

(iii) information concerning a school or

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1

university's adjudication of student disciplinary
2

cases, but only to the extent that disclosure would
3

unavoidably reveal the identity of the student; and
4

(iv) course materials or research materials used
5

by faculty members.
6

(k) Architects' plans, engineers' technical
7

submissions, and other construction related technical
8

documents for projects not constructed or developed in
9

whole or in part with public funds and the same for
10

projects constructed or developed with public funds,
11

including, but not limited to, power generating and
12

distribution stations and other transmission and
13

distribution facilities, water treatment facilities,
14

airport facilities, sport stadiums, convention centers,
15

and all government owned, operated, or occupied buildings,
16

but only to the extent that disclosure would compromise
17

security.
18

(l) Minutes of meetings of public bodies closed to the
19

public as provided in the Open Meetings Act until the
20

public body makes the minutes available to the public
21

under Section 2.06 of the Open Meetings Act.
22

(m) Communications between a public body and an
23

attorney or auditor representing the public body that
24

would not be subject to discovery in litigation, and
25

materials prepared or compiled by or for a public body in
26

anticipation of a criminal, civil, or administrative

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1

proceeding upon the request of an attorney advising the
2

public body, and materials prepared or compiled with
3

respect to internal audits of public bodies.
4

(n) Records relating to a public body's adjudication
5

of employee grievances or disciplinary cases; however,
6

this exemption shall not extend to the final outcome of
7

cases in which discipline is imposed.
8

(o) Administrative or technical information associated
9

with automated data processing operations, including, but
10

not limited to, software, operating protocols, computer
11

program abstracts, file layouts, source listings, object
12

modules, load modules, user guides, documentation
13

pertaining to all logical and physical design of
14

computerized systems, employee manuals, and any other
15

information that, if disclosed, would jeopardize the
16

security of the system or its data or the security of
17

materials exempt under this Section.
18

(p) Records relating to collective negotiating matters
19

between public bodies and their employees or
20

representatives, except that any final contract or
21

agreement shall be subject to inspection and copying.
22

(q) Test questions, scoring keys, and other
23

examination data used to determine the qualifications of
24

an applicant for a license or employment.
25

(r) The records, documents, and information relating
26

to real estate purchase negotiations until those

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1

negotiations have been completed or otherwise terminated.
2

With regard to a parcel involved in a pending or actually
3

and reasonably contemplated eminent domain proceeding
4

under the Eminent Domain Act, records, documents, and
5

information relating to that parcel shall be exempt except
6

as may be allowed under discovery rules adopted by the
7

Illinois Supreme Court. The records, documents, and
8

information relating to a real estate sale shall be exempt
9

until a sale is consummated.
10

(s) Any and all proprietary information and records
11

related to the operation of an intergovernmental risk
12

management association or self-insurance pool or jointly
13

self-administered health and accident cooperative or pool.
14

Insurance or self-insurance (including any
15

intergovernmental risk management association or
16

self-insurance pool) claims, loss or risk management
17

information, records, data, advice, or communications.
18

(t) Information contained in or related to
19

examination, operating, or condition reports prepared by,
20

on behalf of, or for the use of a public body responsible
21

for the regulation or supervision of financial
22

institutions, insurance companies, or pharmacy benefit
23

managers, unless disclosure is otherwise required by State
24

law.
25

(u) Information that would disclose or might lead to
26

the disclosure of secret or confidential information,

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1

codes, algorithms, programs, or private keys intended to
2

be used to create electronic signatures under the Uniform
3

Electronic Transactions Act.
4

(v) Vulnerability assessments, security measures, and
5

response policies or plans that are designed to identify,
6

prevent, or respond to potential attacks upon a
7

community's population or systems, facilities, or
8

installations, but only to the extent that disclosure
9

could reasonably be expected to expose the vulnerability
10

or jeopardize the effectiveness of the measures, policies,
11

or plans, or the safety of the personnel who implement
12

them or the public. Information exempt under this item may
13

include such things as details pertaining to the
14

mobilization or deployment of personnel or equipment, to
15

the operation of communication systems or protocols, to
16

cybersecurity vulnerabilities, or to tactical operations.
17

(w) (Blank).
18

(x) Maps and other records regarding the location or
19

security of generation, transmission, distribution,
20

storage, gathering, treatment, or switching facilities
21

owned by a utility, by a power generator, or by the
22

Illinois Power Agency.
23

(y) Information contained in or related to proposals,
24

bids, or negotiations related to electric power
25

procurement under Section 1-75 of the Illinois Power
26

Agency Act and Section 16-111.5 of the Public Utilities

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1

Act that is determined to be confidential and proprietary
2

by the Illinois Power Agency or by the Illinois Commerce
3

Commission.
4

(z) Information about students exempted from
5

disclosure under Section 10-20.38 or 34-18.29 of the
6

School Code, and information about undergraduate students
7

enrolled at an institution of higher education exempted
8

from disclosure under Section 25 of the Illinois Credit
9

Card Marketing Act of 2009.
10

(aa) Information the disclosure of which is exempted
11

under the Viatical Settlements Act of 2009.
12

(bb) Records and information provided to a mortality
13

review team and records maintained by a mortality review
14

team appointed under the Department of Juvenile Justice
15

Mortality Review Team Act.
16

(cc) Information regarding interments, entombments, or
17

inurnments of human remains that are submitted to the
18

Cemetery Oversight Database under the Cemetery Care Act or
19

the Cemetery Oversight Act, whichever is applicable.
20

(dd) Correspondence and records (i) that may not be
21

disclosed under Section 11-9 of the Illinois Public Aid
22

Code or (ii) that pertain to appeals under Section 11-8 of
23

the Illinois Public Aid Code.
24

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

information of persons who are minors and are also
26

participants and registrants in programs of park

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districts, forest preserve districts, conservation
2

districts, recreation agencies, and special recreation
3

associations.
4

(ff) The names, addresses, or other personal
5

information of participants and registrants in programs of
6

park districts, forest preserve districts, conservation
7

districts, recreation agencies, and special recreation
8

associations where such programs are targeted primarily to
9

minors.
10

(gg) Confidential information described in Section
11

1-100 of the Illinois Independent Tax Tribunal Act of
12

2012.
13

(hh) The report submitted to the State Board of
14

Education by the School Security and Standards Task Force
15

under item (8) of subsection (d) of Section 2-3.160 of the
16

School Code and any information contained in that report.
17

(ii) Records requested by persons committed to or
18

detained by the Department of Human Services under the
19

Sexually Violent Persons Commitment Act or committed to
20

the Department of Corrections under the Sexually Dangerous
21

Persons Act if those materials: (i) are available in the
22

library of the facility where the individual is confined;
23

(ii) include records from staff members' personnel files,
24

staff rosters, or other staffing assignment information;
25

or (iii) are available through an administrative request
26

to the Department of Human Services or the Department of

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1

Corrections.
2

(jj) Confidential information described in Section
3

5-535 of the Civil Administrative Code of Illinois.
4

(kk) The public body's credit card numbers, debit card
5

numbers, bank account numbers, Federal Employer
6

Identification Number, security code numbers, passwords,
7

and similar account information, the disclosure of which
8

could result in identity theft or impression or defrauding
9

of a governmental entity or a person.
10

(ll) Records concerning the work of the threat
11

assessment team of a school district, including, but not
12

limited to, any threat assessment procedure under the
13

School Safety Drill Act and any information contained in
14

the procedure.
15

(mm) Information prohibited from being disclosed under
16

subsections (a) and (b) of Section 15 of the Student
17

Confidential Reporting Act.
18

(nn) Proprietary information submitted to the
19

Environmental Protection Agency under the Drug Take-Back
20

Act.
21

(oo) Records described in subsection (f) of Section
22

3-5-1 of the Unified Code of Corrections.
23

(pp) Any and all information regarding burials,
24

interments, or entombments of human remains as required to
25

be reported to the Department of Natural Resources
26

pursuant either to the Archaeological and Paleontological

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1

Resources Protection Act or the Human Remains Protection
2

Act.
3

(qq) Reports described in subsection (e) of Section
4

16-15 of the Abortion Care Clinical Training Program Act.
5

(rr) Information obtained by a certified local health
6

department under the Access to Public Health Data Act.
7

(ss) For a request directed to a public body that is
8

also a HIPAA-covered entity, all information that is
9

protected health information, including demographic
10

information, that may be contained within or extracted
11

from any record held by the public body in compliance with
12

State and federal medical privacy laws and regulations,
13

including, but not limited to, the Health Insurance
14

Portability and Accountability Act and its regulations, 45
15

CFR Parts 160 and 164. As used in this paragraph,
16

"HIPAA-covered entity" has the meaning given to the term
17

"covered entity" in 45 CFR 160.103 and "protected health
18

information" has the meaning given to that term in 45 CFR
19

160.103.
20

(tt) Proposals or bids submitted by engineering
21

consultants in response to requests for proposal or other
22

competitive bidding requests by the Department of
23

Transportation or the Illinois Toll Highway Authority.
24

(uu) Documents that, pursuant to the State of
25

Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
26

Commission and the corresponding requirement to maintain

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1

compatibility with the National Materials Program, have
2

been determined to be security sensitive. These documents
3

include information classified as safeguards,
4

safeguards-modified, and sensitive unclassified
5

nonsafeguards information, as identified in U.S. Nuclear
6

Regulatory Commission regulatory information summaries,
7

security advisories, and other applicable communications
8

or regulations related to the control and distribution of
9

security sensitive information.
10

(vv) Reports prepared for or prepared by the Illinois
11

State Police, or documents given to or shared by the
12

Illinois State Police, under Section 5-13 of the Uniform
13

Crime Reporting Act.

14

(1.5) Any information exempt from disclosure under the
15
Judicial Privacy Act shall be redacted from public records
16
prior to disclosure under this Act.
17

(1.6) Any information exempt from disclosure under the
18
Public Official Safety and Privacy Act shall be redacted from
19
public records prior to disclosure under this Act.
20

(1.7) Any information exempt from disclosure under
21
paragraph (3.5) of Section 9-15 of the Election Code shall be
22
redacted from public records prior to disclosure under this
23
Act.
24

(2) A public record that is not in the possession of a
25
public body but is in the possession of a party with whom the
26
agency has contracted to perform a governmental function on

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1
behalf of the public body, and that directly relates to the
2
governmental function and is not otherwise exempt under this
3
Act, shall be considered a public record of the public body,
4
for purposes of this Act.
5

(3) This Section does not authorize withholding of
6
information or limit the availability of records to the
7
public, except as stated in this Section or otherwise provided
8
in this Act.
9
(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
10
103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
11
1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
12
eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;
13
104-443, eff. 1-1-26; revised 1-7-26.)

14

Section 10.
The Uniform Crime Reporting Act is amended by
15
by changing Section 5-12 and by adding Section 5-13 as
16
follows:

17

(50 ILCS 709/5-12)
18

Sec. 5-12.
Monthly reporting.
All law enforcement agencies
19
shall submit to the Illinois State Police on a monthly basis
20
the following:
21

(1) beginning January 1, 2016, a report on any
22

arrest-related death that shall include information
23

regarding the deceased, the officer, any weapon used by
24

the officer or the deceased, and the circumstances of the

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1

incident. The Illinois State Police shall submit on a
2

quarterly basis all information collected under this
3

paragraph (1) to the Illinois Criminal Justice Information
4

Authority, contingent upon updated federal guidelines
5

regarding the Uniform Crime Reporting Program;
6

(2) beginning January 1, 2017, a report on any
7

instance when a law enforcement officer discharges his or
8

her firearm causing a non-fatal injury to a person, during
9

the performance of his or her official duties or in the
10

line of duty;
11

(3)
(blank);

a report of incident-based information on
12

hate crimes including information describing the offense,
13

location of the offense, type of victim, offender, and
14

bias motivation. If no hate crime incidents occurred
15

during a reporting month, the law enforcement agency must
16

submit a no incident record, as required by the Illinois
17

State Police;
18

(4) a report on any incident of an alleged commission
19

of a domestic crime, that shall include information
20

regarding the victim, offender, date and time of the
21

incident, any injury inflicted, any weapons involved in
22

the commission of the offense, and the relationship
23

between the victim and the offender;
24

(5) data on an index of offenses selected by the
25

Illinois State Police based on the seriousness of the
26

offense, frequency of occurrence of the offense, and

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likelihood of being reported to law enforcement. The data
2

shall include the number of index crime offenses committed
3

and number of associated arrests;
4

(6) data on offenses and incidents reported by schools
5

to local law enforcement. The data shall include offenses
6

defined as an attack against school personnel,
7

intimidation offenses, drug incidents, and incidents
8

involving weapons;
9

(7) beginning on July 1, 2021, a report on incidents
10

where a law enforcement officer was dispatched to deal
11

with a person experiencing a mental health crisis or
12

incident. The report shall include the number of
13

incidents, the level of law enforcement response and the
14

outcome of each incident. For purposes of this Section, a
15

"mental health crisis" is when a person's behavior puts
16

them at risk of hurting themselves or others or prevents
17

them from being able to care for themselves;
18

(8) beginning on July 1, 2021, a report on use of
19

force, including any action that resulted in the death or
20

serious bodily injury of a person or the discharge of a
21

firearm at or in the direction of a person. The report
22

shall include information required by the Illinois State
23

Police, pursuant to Section 5-11 of this Act.
24
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
25
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

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1

(50 ILCS 709/5-13 new)
2

Sec. 5-13.
Hate crime or other bias-related incident
3
reporting.
4

(a) Each law enforcement agency shall submit a report to
5
the Illinois State Police after receiving a complaint of a
6
hate crime, as that term is defined in Section 12-7.1 of the
7
Criminal Code of 2012, or other bias-related complaint within
8
2 weeks of receiving the complaint. The report shall, at a
9
minimum and if available, include:
10

(1) the identity of the suspect or offender;
11

(2) the date of the offense;
12

(3) the location of the offense;
13

(4) the identity of the victim of the crime or
14

incident;
15

(5) the reported crime or act committed;
16

(6) the type of bias and information about the
17

offender and the victim that is related to the bias;
18

(7) any organized group involved or that condoned or
19

affirmatively supporting the crime or incident;
20

(8) a narrative summary of the event; and
21

(9) any additional information the Illinois State
22

Police or the reporting law enforcement agency deems
23

necessary.
24

Upon receipt of each report received under this
25
subsection, the Illinois State Police shall identify patterns
26
and analyze the information reported to it for the purpose of

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1
connecting the information to other reported crimes or
2
incidents.

3

(b) When handling a hate crime or bias-related complaint,
4
each law enforcement agency shall:
5

(1) approach victims in a sensitive and supportive
6

manner;
7

(2) reassure victims that appropriate investigative
8

and enforcement methods will be used by the law
9

enforcement agency to properly address the bias incident;
10

(3) as required by the facts and circumstances
11

surrounding the suspected or confirmed bias incident,
12

ensure that a thorough and complete initial response
13

investigation and a follow-up investigation are conducted,
14

including providing for appropriate community relations
15

activities and crime prevention programs;
16

(4) refer the victims and the witnesses to the
17

appropriate Office of Victim-Witness Advocacy or the
18

Division on Civil Rights;
19

(5) interact with concerned community service
20

organizations, civic groups, and religious institutions
21

regarding the bias incident; and
22

(6) effectively calm victims and reduce their fear and
23

alienation through direct, ongoing official communication
24

regarding the bias incident.
25

(c) The Illinois State Police shall create a reporting
26
form or process to receive the report under subsection (a),

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1
review all reports, and disseminate to potentially affected
2
law enforcement agencies any additional information or
3
findings it has identified as potentially related or relevant
4
to the reported incident. The Illinois State Police shall also
5
create a process for sharing all of the reported incidents
6
with law enforcement agencies across the State.
7

(d) Each law enforcement agency shall identify a point of
8
contact for hate crime reporting under this Section within the
9
agency and shall provide the Illinois State Police with that
10
person's name and contact information.
11

(e) The Illinois State Police shall adopt rules
12
identifying other bias-related complaints that must be
13
reported.

14

Section 95.
No acceleration or delay.
Where this Act makes
15
changes in a statute that is represented in this Act by text
16
that is not yet or no longer in effect (for example, a Section
17
represented by multiple versions), the use of that text does
18
not accelerate or delay the taking effect of (i) the changes
19
made by this Act or (ii) provisions derived from any other
20
Public Act.

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1

INDEX

2

Statutes amended in order of appearance

3

5 ILCS 140/7
4

50 ILCS 709/5-12
5

50 ILCS 709/5-13 new

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