Bill Amendment: IL SB2713 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HEALTH CARE VIOLENCE PREVENT
Status: 2026-06-18 - Sent to the Governor [SB2713 Detail]
Download: Illinois-2025-SB2713-Senate_Amendment_001.html
Bill Title: HEALTH CARE VIOLENCE PREVENT
Status: 2026-06-18 - Sent to the Governor [SB2713 Detail]
Download: Illinois-2025-SB2713-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 2713 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2713 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. The Freedom of Information Act is amended by | ||||||
| 5 | changing Section 7 as follows: | ||||||
| 6 | (5 ILCS 140/7) | ||||||
| 7 | (Text of Section before amendment by P.A. 104-300) | ||||||
| 8 | Sec. 7. Exemptions. | ||||||
| 9 | (1) When a request is made to inspect or copy a public | ||||||
| 10 | record that contains information that is exempt from | ||||||
| 11 | disclosure under this Section, but also contains information | ||||||
| 12 | that is not exempt from disclosure, the public body may elect | ||||||
| 13 | to redact the information that is exempt. The public body | ||||||
| 14 | shall make the remaining information available for inspection | ||||||
| 15 | and copying. Subject to this requirement, the following shall | ||||||
| 16 | be exempt from inspection and copying: | ||||||
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| 1 | (a) Information specifically prohibited from | ||||||
| 2 | disclosure by federal or State law or rules and | ||||||
| 3 | regulations implementing federal or State law. | ||||||
| 4 | (b) Private information, unless disclosure is required | ||||||
| 5 | by another provision of this Act, a State or federal law, | ||||||
| 6 | or a court order. | ||||||
| 7 | (b-5) Files, documents, and other data or databases | ||||||
| 8 | maintained by one or more law enforcement agencies and | ||||||
| 9 | specifically designed to provide information to one or | ||||||
| 10 | more law enforcement agencies regarding the physical or | ||||||
| 11 | mental status of one or more individual subjects. | ||||||
| 12 | (c) Personal information contained within public | ||||||
| 13 | records, the disclosure of which would constitute a | ||||||
| 14 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 15 | the disclosure is consented to in writing by the | ||||||
| 16 | individual subjects of the information. "Unwarranted | ||||||
| 17 | invasion of personal privacy" means the disclosure of | ||||||
| 18 | information that is highly personal or objectionable to a | ||||||
| 19 | reasonable person and in which the subject's right to | ||||||
| 20 | privacy outweighs any legitimate public interest in | ||||||
| 21 | obtaining the information. The disclosure of information | ||||||
| 22 | that bears on the public duties of public employees and | ||||||
| 23 | officials shall not be considered an invasion of personal | ||||||
| 24 | privacy. | ||||||
| 25 | (d) Records in the possession of any public body | ||||||
| 26 | created in the course of administrative enforcement | ||||||
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| 1 | proceedings, and any law enforcement or correctional | ||||||
| 2 | agency for law enforcement purposes, but only to the | ||||||
| 3 | extent that disclosure would: | ||||||
| 4 | (i) interfere with pending or actually and | ||||||
| 5 | reasonably contemplated law enforcement proceedings | ||||||
| 6 | conducted by any law enforcement or correctional | ||||||
| 7 | agency that is the recipient of the request; | ||||||
| 8 | (ii) interfere with active administrative | ||||||
| 9 | enforcement proceedings conducted by the public body | ||||||
| 10 | that is the recipient of the request; | ||||||
| 11 | (iii) create a substantial likelihood that a | ||||||
| 12 | person will be deprived of a fair trial or an impartial | ||||||
| 13 | hearing; | ||||||
| 14 | (iv) unavoidably disclose the identity of a | ||||||
| 15 | confidential source, confidential information | ||||||
| 16 | furnished only by the confidential source, or persons | ||||||
| 17 | who file complaints with or provide information to | ||||||
| 18 | administrative, investigative, law enforcement, or | ||||||
| 19 | penal agencies; except that the identities of | ||||||
| 20 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 21 | and rescue reports shall be provided by agencies of | ||||||
| 22 | local government, except when disclosure would | ||||||
| 23 | interfere with an active criminal investigation | ||||||
| 24 | conducted by the agency that is the recipient of the | ||||||
| 25 | request; | ||||||
| 26 | (v) disclose unique or specialized investigative | ||||||
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| 1 | techniques other than those generally used and known | ||||||
| 2 | or disclose internal documents of correctional | ||||||
| 3 | agencies related to detection, observation, or | ||||||
| 4 | investigation of incidents of crime or misconduct, and | ||||||
| 5 | disclosure would result in demonstrable harm to the | ||||||
| 6 | agency or public body that is the recipient of the | ||||||
| 7 | request; | ||||||
| 8 | (vi) endanger the life or physical safety of law | ||||||
| 9 | enforcement personnel or any other person; or | ||||||
| 10 | (vii) obstruct an ongoing criminal investigation | ||||||
| 11 | by the agency that is the recipient of the request. | ||||||
| 12 | (d-5) A law enforcement record created for law | ||||||
| 13 | enforcement purposes and contained in a shared electronic | ||||||
| 14 | record management system if the law enforcement agency or | ||||||
| 15 | criminal justice agency that is the recipient of the | ||||||
| 16 | request did not create the record, did not participate in | ||||||
| 17 | or have a role in any of the events which are the subject | ||||||
| 18 | of the record, and only has access to the record through | ||||||
| 19 | the shared electronic record management system. As used in | ||||||
| 20 | this subsection (d-5), "criminal justice agency" means the | ||||||
| 21 | Illinois Criminal Justice Information Authority or the | ||||||
| 22 | Illinois Sentencing Policy Advisory Council. | ||||||
| 23 | (d-6) Records contained in the Officer Professional | ||||||
| 24 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
| 25 | Training Act, except to the extent authorized under that | ||||||
| 26 | Section. This includes the documents supplied to the | ||||||
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| 1 | Illinois Law Enforcement Training Standards Board from the | ||||||
| 2 | Illinois State Police and Illinois State Police Merit | ||||||
| 3 | Board. | ||||||
| 4 | (d-7) Information gathered or records created from the | ||||||
| 5 | use of automatic license plate readers in connection with | ||||||
| 6 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 7 | (e) Records that relate to or affect the security of | ||||||
| 8 | correctional institutions and detention facilities. | ||||||
| 9 | (e-5) Records requested by persons committed to the | ||||||
| 10 | Department of Corrections, Department of Human Services | ||||||
| 11 | Division of Mental Health, or a county jail if those | ||||||
| 12 | materials are available in the library of the correctional | ||||||
| 13 | institution or facility or jail where the inmate is | ||||||
| 14 | confined. | ||||||
| 15 | (e-6) Records requested by persons committed to the | ||||||
| 16 | Department of Corrections, Department of Human Services | ||||||
| 17 | Division of Mental Health, or a county jail if those | ||||||
| 18 | materials include records from staff members' personnel | ||||||
| 19 | files, staff rosters, or other staffing assignment | ||||||
| 20 | information. | ||||||
| 21 | (e-7) Records requested by persons committed to the | ||||||
| 22 | Department of Corrections or Department of Human Services | ||||||
| 23 | Division of Mental Health if those materials are available | ||||||
| 24 | through an administrative request to the Department of | ||||||
| 25 | Corrections or Department of Human Services Division of | ||||||
| 26 | Mental Health. | ||||||
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| 1 | (e-8) Records requested by a person committed to the | ||||||
| 2 | Department of Corrections, Department of Human Services | ||||||
| 3 | Division of Mental Health, or a county jail, the | ||||||
| 4 | disclosure of which would result in the risk of harm to any | ||||||
| 5 | person or the risk of an escape from a jail or correctional | ||||||
| 6 | institution or facility. | ||||||
| 7 | (e-9) Records requested by a person in a county jail | ||||||
| 8 | or committed to the Department of Corrections or | ||||||
| 9 | Department of Human Services Division of Mental Health, | ||||||
| 10 | containing personal information pertaining to the person's | ||||||
| 11 | victim or the victim's family, including, but not limited | ||||||
| 12 | to, a victim's home address, home telephone number, work | ||||||
| 13 | or school address, work telephone number, social security | ||||||
| 14 | number, or any other identifying information, except as | ||||||
| 15 | may be relevant to a requester's current or potential case | ||||||
| 16 | or claim. | ||||||
| 17 | (e-10) Law enforcement records of other persons | ||||||
| 18 | requested by a person committed to the Department of | ||||||
| 19 | Corrections, Department of Human Services Division of | ||||||
| 20 | Mental Health, or a county jail, including, but not | ||||||
| 21 | limited to, arrest and booking records, mug shots, and | ||||||
| 22 | crime scene photographs, except as these records may be | ||||||
| 23 | relevant to the requester's current or potential case or | ||||||
| 24 | claim. | ||||||
| 25 | (f) Preliminary drafts, notes, recommendations, | ||||||
| 26 | memoranda, and other records in which opinions are | ||||||
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| 1 | expressed, or policies or actions are formulated, except | ||||||
| 2 | that a specific record or relevant portion of a record | ||||||
| 3 | shall not be exempt when the record is publicly cited and | ||||||
| 4 | identified by the head of the public body. The exemption | ||||||
| 5 | provided in this paragraph (f) extends to all those | ||||||
| 6 | records of officers and agencies of the General Assembly | ||||||
| 7 | that pertain to the preparation of legislative documents. | ||||||
| 8 | (g) Trade secrets and commercial or financial | ||||||
| 9 | information obtained from a person or business where the | ||||||
| 10 | trade secrets or commercial or financial information are | ||||||
| 11 | furnished under a claim that they are proprietary, | ||||||
| 12 | privileged, or confidential, and that disclosure of the | ||||||
| 13 | trade secrets or commercial or financial information would | ||||||
| 14 | cause competitive harm to the person or business, and only | ||||||
| 15 | insofar as the claim directly applies to the records | ||||||
| 16 | requested. | ||||||
| 17 | The information included under this exemption includes | ||||||
| 18 | all trade secrets and commercial or financial information | ||||||
| 19 | obtained by a public body, including a public pension | ||||||
| 20 | fund, from a private equity fund or a privately held | ||||||
| 21 | company within the investment portfolio of a private | ||||||
| 22 | equity fund as a result of either investing or evaluating | ||||||
| 23 | a potential investment of public funds in a private equity | ||||||
| 24 | fund. The exemption contained in this item does not apply | ||||||
| 25 | to the aggregate financial performance information of a | ||||||
| 26 | private equity fund, nor to the identity of the fund's | ||||||
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| 1 | managers or general partners. The exemption contained in | ||||||
| 2 | this item does not apply to the identity of a privately | ||||||
| 3 | held company within the investment portfolio of a private | ||||||
| 4 | equity fund, unless the disclosure of the identity of a | ||||||
| 5 | privately held company may cause competitive harm. | ||||||
| 6 | Nothing contained in this paragraph (g) shall be | ||||||
| 7 | construed to prevent a person or business from consenting | ||||||
| 8 | to disclosure. | ||||||
| 9 | (h) Proposals and bids for any contract, grant, or | ||||||
| 10 | agreement, including information which if it were | ||||||
| 11 | disclosed would frustrate procurement or give an advantage | ||||||
| 12 | to any person proposing to enter into a contractor | ||||||
| 13 | agreement with the body, until an award or final selection | ||||||
| 14 | is made. Information prepared by or for the body in | ||||||
| 15 | preparation of a bid solicitation shall be exempt until an | ||||||
| 16 | award or final selection is made. | ||||||
| 17 | (i) Valuable formulae, computer geographic systems, | ||||||
| 18 | designs, drawings, and research data obtained or produced | ||||||
| 19 | by any public body when disclosure could reasonably be | ||||||
| 20 | expected to produce private gain or public loss. The | ||||||
| 21 | exemption for "computer geographic systems" provided in | ||||||
| 22 | this paragraph (i) does not extend to requests made by | ||||||
| 23 | news media as defined in Section 2 of this Act when the | ||||||
| 24 | requested information is not otherwise exempt and the only | ||||||
| 25 | purpose of the request is to access and disseminate | ||||||
| 26 | information regarding the health, safety, welfare, or | ||||||
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| 1 | legal rights of the general public. | ||||||
| 2 | (j) The following information pertaining to | ||||||
| 3 | educational matters: | ||||||
| 4 | (i) test questions, scoring keys, and other | ||||||
| 5 | examination data used to administer an academic | ||||||
| 6 | examination; | ||||||
| 7 | (ii) information received by a primary or | ||||||
| 8 | secondary school, college, or university under its | ||||||
| 9 | procedures for the evaluation of faculty members by | ||||||
| 10 | their academic peers; | ||||||
| 11 | (iii) information concerning a school or | ||||||
| 12 | university's adjudication of student disciplinary | ||||||
| 13 | cases, but only to the extent that disclosure would | ||||||
| 14 | unavoidably reveal the identity of the student; and | ||||||
| 15 | (iv) course materials or research materials used | ||||||
| 16 | by faculty members. | ||||||
| 17 | (k) Architects' plans, engineers' technical | ||||||
| 18 | submissions, and other construction related technical | ||||||
| 19 | documents for projects not constructed or developed in | ||||||
| 20 | whole or in part with public funds and the same for | ||||||
| 21 | projects constructed or developed with public funds, | ||||||
| 22 | including, but not limited to, power generating and | ||||||
| 23 | distribution stations and other transmission and | ||||||
| 24 | distribution facilities, water treatment facilities, | ||||||
| 25 | airport facilities, sport stadiums, convention centers, | ||||||
| 26 | and all government owned, operated, or occupied buildings, | ||||||
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| 1 | but only to the extent that disclosure would compromise | ||||||
| 2 | security. | ||||||
| 3 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 4 | public as provided in the Open Meetings Act until the | ||||||
| 5 | public body makes the minutes available to the public | ||||||
| 6 | under Section 2.06 of the Open Meetings Act. | ||||||
| 7 | (m) Communications between a public body and an | ||||||
| 8 | attorney or auditor representing the public body that | ||||||
| 9 | would not be subject to discovery in litigation, and | ||||||
| 10 | materials prepared or compiled by or for a public body in | ||||||
| 11 | anticipation of a criminal, civil, or administrative | ||||||
| 12 | proceeding upon the request of an attorney advising the | ||||||
| 13 | public body, and materials prepared or compiled with | ||||||
| 14 | respect to internal audits of public bodies. | ||||||
| 15 | (n) Records relating to a public body's adjudication | ||||||
| 16 | of employee grievances or disciplinary cases; however, | ||||||
| 17 | this exemption shall not extend to the final outcome of | ||||||
| 18 | cases in which discipline is imposed. | ||||||
| 19 | (o) Administrative or technical information associated | ||||||
| 20 | with automated data processing operations, including, but | ||||||
| 21 | not limited to, software, operating protocols, computer | ||||||
| 22 | program abstracts, file layouts, source listings, object | ||||||
| 23 | modules, load modules, user guides, documentation | ||||||
| 24 | pertaining to all logical and physical design of | ||||||
| 25 | computerized systems, employee manuals, and any other | ||||||
| 26 | information that, if disclosed, would jeopardize the | ||||||
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| 1 | security of the system or its data or the security of | ||||||
| 2 | materials exempt under this Section. | ||||||
| 3 | (p) Records relating to collective negotiating matters | ||||||
| 4 | between public bodies and their employees or | ||||||
| 5 | representatives, except that any final contract or | ||||||
| 6 | agreement shall be subject to inspection and copying. | ||||||
| 7 | (q) Test questions, scoring keys, and other | ||||||
| 8 | examination data used to determine the qualifications of | ||||||
| 9 | an applicant for a license or employment. | ||||||
| 10 | (r) The records, documents, and information relating | ||||||
| 11 | to real estate purchase negotiations until those | ||||||
| 12 | negotiations have been completed or otherwise terminated. | ||||||
| 13 | With regard to a parcel involved in a pending or actually | ||||||
| 14 | and reasonably contemplated eminent domain proceeding | ||||||
| 15 | under the Eminent Domain Act, records, documents, and | ||||||
| 16 | information relating to that parcel shall be exempt except | ||||||
| 17 | as may be allowed under discovery rules adopted by the | ||||||
| 18 | Illinois Supreme Court. The records, documents, and | ||||||
| 19 | information relating to a real estate sale shall be exempt | ||||||
| 20 | until a sale is consummated. | ||||||
| 21 | (s) Any and all proprietary information and records | ||||||
| 22 | related to the operation of an intergovernmental risk | ||||||
| 23 | management association or self-insurance pool or jointly | ||||||
| 24 | self-administered health and accident cooperative or pool. | ||||||
| 25 | Insurance or self-insurance (including any | ||||||
| 26 | intergovernmental risk management association or | ||||||
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| 1 | self-insurance pool) claims, loss or risk management | ||||||
| 2 | information, records, data, advice, or communications. | ||||||
| 3 | (t) Information contained in or related to | ||||||
| 4 | examination, operating, or condition reports prepared by, | ||||||
| 5 | on behalf of, or for the use of a public body responsible | ||||||
| 6 | for the regulation or supervision of financial | ||||||
| 7 | institutions, insurance companies, or pharmacy benefit | ||||||
| 8 | managers, unless disclosure is otherwise required by State | ||||||
| 9 | law. | ||||||
| 10 | (u) Information that would disclose or might lead to | ||||||
| 11 | the disclosure of secret or confidential information, | ||||||
| 12 | codes, algorithms, programs, or private keys intended to | ||||||
| 13 | be used to create electronic signatures under the Uniform | ||||||
| 14 | Electronic Transactions Act. | ||||||
| 15 | (v) Vulnerability assessments, security measures, and | ||||||
| 16 | response policies or plans that are designed to identify, | ||||||
| 17 | prevent, or respond to potential attacks upon a | ||||||
| 18 | community's population or systems, facilities, or | ||||||
| 19 | installations, but only to the extent that disclosure | ||||||
| 20 | could reasonably be expected to expose the vulnerability | ||||||
| 21 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 22 | or plans, or the safety of the personnel who implement | ||||||
| 23 | them or the public. Information exempt under this item may | ||||||
| 24 | include such things as details pertaining to the | ||||||
| 25 | mobilization or deployment of personnel or equipment, to | ||||||
| 26 | the operation of communication systems or protocols, to | ||||||
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| 1 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 2 | (w) (Blank). | ||||||
| 3 | (x) Maps and other records regarding the location or | ||||||
| 4 | security of generation, transmission, distribution, | ||||||
| 5 | storage, gathering, treatment, or switching facilities | ||||||
| 6 | owned by a utility, by a power generator, or by the | ||||||
| 7 | Illinois Power Agency. | ||||||
| 8 | (y) Information contained in or related to proposals, | ||||||
| 9 | bids, or negotiations related to electric power | ||||||
| 10 | procurement under Section 1-75 of the Illinois Power | ||||||
| 11 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 12 | Act that is determined to be confidential and proprietary | ||||||
| 13 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 14 | Commission. | ||||||
| 15 | (z) Information about students exempted from | ||||||
| 16 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 17 | School Code, and information about undergraduate students | ||||||
| 18 | enrolled at an institution of higher education exempted | ||||||
| 19 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 20 | Card Marketing Act of 2009. | ||||||
| 21 | (aa) Information the disclosure of which is exempted | ||||||
| 22 | under the Viatical Settlements Act of 2009. | ||||||
| 23 | (bb) Records and information provided to a mortality | ||||||
| 24 | review team and records maintained by a mortality review | ||||||
| 25 | team appointed under the Department of Juvenile Justice | ||||||
| 26 | Mortality Review Team Act. | ||||||
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| 1 | (cc) Information regarding interments, entombments, or | ||||||
| 2 | inurnments of human remains that are submitted to the | ||||||
| 3 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 4 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 5 | (dd) Correspondence and records (i) that may not be | ||||||
| 6 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 7 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 8 | the Illinois Public Aid Code. | ||||||
| 9 | (ee) The names, addresses, or other personal | ||||||
| 10 | information of persons who are minors and are also | ||||||
| 11 | participants and registrants in programs of park | ||||||
| 12 | districts, forest preserve districts, conservation | ||||||
| 13 | districts, recreation agencies, and special recreation | ||||||
| 14 | associations. | ||||||
| 15 | (ff) The names, addresses, or other personal | ||||||
| 16 | information of participants and registrants in programs of | ||||||
| 17 | park districts, forest preserve districts, conservation | ||||||
| 18 | districts, recreation agencies, and special recreation | ||||||
| 19 | associations where such programs are targeted primarily to | ||||||
| 20 | minors. | ||||||
| 21 | (gg) Confidential information described in Section | ||||||
| 22 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 23 | 2012. | ||||||
| 24 | (hh) The report submitted to the State Board of | ||||||
| 25 | Education by the School Security and Standards Task Force | ||||||
| 26 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
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| 1 | School Code and any information contained in that report. | ||||||
| 2 | (ii) Records requested by persons committed to or | ||||||
| 3 | detained by the Department of Human Services under the | ||||||
| 4 | Sexually Violent Persons Commitment Act or committed to | ||||||
| 5 | the Department of Corrections under the Sexually Dangerous | ||||||
| 6 | Persons Act if those materials: (i) are available in the | ||||||
| 7 | library of the facility where the individual is confined; | ||||||
| 8 | (ii) include records from staff members' personnel files, | ||||||
| 9 | staff rosters, or other staffing assignment information; | ||||||
| 10 | or (iii) are available through an administrative request | ||||||
| 11 | to the Department of Human Services or the Department of | ||||||
| 12 | Corrections. | ||||||
| 13 | (jj) Confidential information described in Section | ||||||
| 14 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 15 | (kk) The public body's credit card numbers, debit card | ||||||
| 16 | numbers, bank account numbers, Federal Employer | ||||||
| 17 | Identification Number, security code numbers, passwords, | ||||||
| 18 | and similar account information, the disclosure of which | ||||||
| 19 | could result in identity theft or impression or defrauding | ||||||
| 20 | of a governmental entity or a person. | ||||||
| 21 | (ll) Records concerning the work of the threat | ||||||
| 22 | assessment team of a school district, including, but not | ||||||
| 23 | limited to, any threat assessment procedure under the | ||||||
| 24 | School Safety Drill Act and any information contained in | ||||||
| 25 | the procedure. | ||||||
| 26 | (mm) Information prohibited from being disclosed under | ||||||
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| 1 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 2 | Confidential Reporting Act. | ||||||
| 3 | (nn) Proprietary information submitted to the | ||||||
| 4 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 5 | Act. | ||||||
| 6 | (oo) Records described in subsection (f) of Section | ||||||
| 7 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 8 | (pp) Any and all information regarding burials, | ||||||
| 9 | interments, or entombments of human remains as required to | ||||||
| 10 | be reported to the Department of Natural Resources | ||||||
| 11 | pursuant either to the Archaeological and Paleontological | ||||||
| 12 | Resources Protection Act or the Human Remains Protection | ||||||
| 13 | Act. | ||||||
| 14 | (qq) Reports described in subsection (e) of Section | ||||||
| 15 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 16 | (rr) Information obtained by a certified local health | ||||||
| 17 | department under the Access to Public Health Data Act. | ||||||
| 18 | (ss) For a request directed to a public body that is | ||||||
| 19 | also a HIPAA-covered entity, all information that is | ||||||
| 20 | protected health information, including demographic | ||||||
| 21 | information, that may be contained within or extracted | ||||||
| 22 | from any record held by the public body in compliance with | ||||||
| 23 | State and federal medical privacy laws and regulations, | ||||||
| 24 | including, but not limited to, the Health Insurance | ||||||
| 25 | Portability and Accountability Act and its regulations, 45 | ||||||
| 26 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
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| 1 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 2 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 3 | information" has the meaning given to that term in 45 CFR | ||||||
| 4 | 160.103. | ||||||
| 5 | (tt) Proposals or bids submitted by engineering | ||||||
| 6 | consultants in response to requests for proposal or other | ||||||
| 7 | competitive bidding requests by the Department of | ||||||
| 8 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 9 | (uu) Documents that, pursuant to the State of | ||||||
| 10 | Illinois' 1987 Agreement with the U.S. Nuclear Regulatory | ||||||
| 11 | Commission and the corresponding requirement to maintain | ||||||
| 12 | compatibility with the National Materials Program, have | ||||||
| 13 | been determined to be security sensitive. These documents | ||||||
| 14 | include information classified as safeguards, | ||||||
| 15 | safeguards-modified, and sensitive unclassified | ||||||
| 16 | nonsafeguards information, as identified in U.S. Nuclear | ||||||
| 17 | Regulatory Commission regulatory information summaries, | ||||||
| 18 | security advisories, and other applicable communications | ||||||
| 19 | or regulations related to the control and distribution of | ||||||
| 20 | security sensitive information. | ||||||
| 21 | (vv) Records described in Section 25.1 of the Health | ||||||
| 22 | Care Violence Prevention Act. | ||||||
| 23 | (1.5) Any information exempt from disclosure under the | ||||||
| 24 | Judicial Privacy Act shall be redacted from public records | ||||||
| 25 | prior to disclosure under this Act. | ||||||
| 26 | (1.6) Any information exempt from disclosure under the | ||||||
| |||||||
| |||||||
| 1 | Public Official Safety and Privacy Act shall be redacted from | ||||||
| 2 | public records prior to disclosure under this Act. | ||||||
| 3 | (1.7) Any information exempt from disclosure under | ||||||
| 4 | paragraph (3.5) of Section 9-15 of the Election Code shall be | ||||||
| 5 | redacted from public records prior to disclosure under this | ||||||
| 6 | Act. | ||||||
| 7 | (2) A public record that is not in the possession of a | ||||||
| 8 | public body but is in the possession of a party with whom the | ||||||
| 9 | agency has contracted to perform a governmental function on | ||||||
| 10 | behalf of the public body, and that directly relates to the | ||||||
| 11 | governmental function and is not otherwise exempt under this | ||||||
| 12 | Act, shall be considered a public record of the public body, | ||||||
| 13 | for purposes of this Act. | ||||||
| 14 | (3) This Section does not authorize withholding of | ||||||
| 15 | information or limit the availability of records to the | ||||||
| 16 | public, except as stated in this Section or otherwise provided | ||||||
| 17 | in this Act. | ||||||
| 18 | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; | ||||||
| 19 | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. | ||||||
| 20 | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, | ||||||
| 21 | eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26; | ||||||
| 22 | revised 1-7-26.) | ||||||
| 23 | (Text of Section after amendment by P.A. 104-300) | ||||||
| 24 | Sec. 7. Exemptions. | ||||||
| 25 | (1) When a request is made to inspect or copy a public | ||||||
| |||||||
| |||||||
| 1 | record that contains information that is exempt from | ||||||
| 2 | disclosure under this Section, but also contains information | ||||||
| 3 | that is not exempt from disclosure, the public body may elect | ||||||
| 4 | to redact the information that is exempt. The public body | ||||||
| 5 | shall make the remaining information available for inspection | ||||||
| 6 | and copying. Subject to this requirement, the following shall | ||||||
| 7 | be exempt from inspection and copying: | ||||||
| 8 | (a) Records created or compiled by a State public | ||||||
| 9 | defender agency or commission subject to the State Public | ||||||
| 10 | Defender Act that contain: individual client identity; | ||||||
| 11 | individual case file information; individual investigation | ||||||
| 12 | records and other records that are otherwise subject to | ||||||
| 13 | attorney-client privilege; records that would not be | ||||||
| 14 | discoverable in litigation; records under Section 2.15; | ||||||
| 15 | training materials; records related to attorney | ||||||
| 16 | consultation and representation strategy; or any of the | ||||||
| 17 | above concerning clients of county public defenders or | ||||||
| 18 | other defender agencies and firms. This exclusion does not | ||||||
| 19 | apply to deidentified, aggregated, administrative records, | ||||||
| 20 | such as general case processing and workload information. | ||||||
| 21 | (a-5) Information specifically prohibited from | ||||||
| 22 | disclosure by federal or State law or rules and | ||||||
| 23 | regulations implementing federal or State law. | ||||||
| 24 | (b) Private information, unless disclosure is required | ||||||
| 25 | by another provision of this Act, a State or federal law, | ||||||
| 26 | or a court order. | ||||||
| |||||||
| |||||||
| 1 | (b-5) Files, documents, and other data or databases | ||||||
| 2 | maintained by one or more law enforcement agencies and | ||||||
| 3 | specifically designed to provide information to one or | ||||||
| 4 | more law enforcement agencies regarding the physical or | ||||||
| 5 | mental status of one or more individual subjects. | ||||||
| 6 | (c) Personal information contained within public | ||||||
| 7 | records, the disclosure of which would constitute a | ||||||
| 8 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 9 | the disclosure is consented to in writing by the | ||||||
| 10 | individual subjects of the information. "Unwarranted | ||||||
| 11 | invasion of personal privacy" means the disclosure of | ||||||
| 12 | information that is highly personal or objectionable to a | ||||||
| 13 | reasonable person and in which the subject's right to | ||||||
| 14 | privacy outweighs any legitimate public interest in | ||||||
| 15 | obtaining the information. The disclosure of information | ||||||
| 16 | that bears on the public duties of public employees and | ||||||
| 17 | officials shall not be considered an invasion of personal | ||||||
| 18 | privacy. | ||||||
| 19 | (d) Records in the possession of any public body | ||||||
| 20 | created in the course of administrative enforcement | ||||||
| 21 | proceedings, and any law enforcement or correctional | ||||||
| 22 | agency for law enforcement purposes, but only to the | ||||||
| 23 | extent that disclosure would: | ||||||
| 24 | (i) interfere with pending or actually and | ||||||
| 25 | reasonably contemplated law enforcement proceedings | ||||||
| 26 | conducted by any law enforcement or correctional | ||||||
| |||||||
| |||||||
| 1 | agency that is the recipient of the request; | ||||||
| 2 | (ii) interfere with active administrative | ||||||
| 3 | enforcement proceedings conducted by the public body | ||||||
| 4 | that is the recipient of the request; | ||||||
| 5 | (iii) create a substantial likelihood that a | ||||||
| 6 | person will be deprived of a fair trial or an impartial | ||||||
| 7 | hearing; | ||||||
| 8 | (iv) unavoidably disclose the identity of a | ||||||
| 9 | confidential source, confidential information | ||||||
| 10 | furnished only by the confidential source, or persons | ||||||
| 11 | who file complaints with or provide information to | ||||||
| 12 | administrative, investigative, law enforcement, or | ||||||
| 13 | penal agencies; except that the identities of | ||||||
| 14 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 15 | and rescue reports shall be provided by agencies of | ||||||
| 16 | local government, except when disclosure would | ||||||
| 17 | interfere with an active criminal investigation | ||||||
| 18 | conducted by the agency that is the recipient of the | ||||||
| 19 | request; | ||||||
| 20 | (v) disclose unique or specialized investigative | ||||||
| 21 | techniques other than those generally used and known | ||||||
| 22 | or disclose internal documents of correctional | ||||||
| 23 | agencies related to detection, observation, or | ||||||
| 24 | investigation of incidents of crime or misconduct, and | ||||||
| 25 | disclosure would result in demonstrable harm to the | ||||||
| 26 | agency or public body that is the recipient of the | ||||||
| |||||||
| |||||||
| 1 | request; | ||||||
| 2 | (vi) endanger the life or physical safety of law | ||||||
| 3 | enforcement personnel or any other person; or | ||||||
| 4 | (vii) obstruct an ongoing criminal investigation | ||||||
| 5 | by the agency that is the recipient of the request. | ||||||
| 6 | (d-5) A law enforcement record created for law | ||||||
| 7 | enforcement purposes and contained in a shared electronic | ||||||
| 8 | record management system if the law enforcement agency or | ||||||
| 9 | criminal justice agency that is the recipient of the | ||||||
| 10 | request did not create the record, did not participate in | ||||||
| 11 | or have a role in any of the events which are the subject | ||||||
| 12 | of the record, and only has access to the record through | ||||||
| 13 | the shared electronic record management system. As used in | ||||||
| 14 | this subsection (d-5), "criminal justice agency" means the | ||||||
| 15 | Illinois Criminal Justice Information Authority or the | ||||||
| 16 | Illinois Sentencing Policy Advisory Council. | ||||||
| 17 | (d-6) Records contained in the Officer Professional | ||||||
| 18 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
| 19 | Training Act, except to the extent authorized under that | ||||||
| 20 | Section. This includes the documents supplied to the | ||||||
| 21 | Illinois Law Enforcement Training Standards Board from the | ||||||
| 22 | Illinois State Police and Illinois State Police Merit | ||||||
| 23 | Board. | ||||||
| 24 | (d-7) Information gathered or records created from the | ||||||
| 25 | use of automatic license plate readers in connection with | ||||||
| 26 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| |||||||
| |||||||
| 1 | (e) Records that relate to or affect the security of | ||||||
| 2 | correctional institutions and detention facilities. | ||||||
| 3 | (e-5) Records requested by persons committed to the | ||||||
| 4 | Department of Corrections, Department of Human Services | ||||||
| 5 | Division of Mental Health, or a county jail if those | ||||||
| 6 | materials are available in the library of the correctional | ||||||
| 7 | institution or facility or jail where the inmate is | ||||||
| 8 | confined. | ||||||
| 9 | (e-6) Records requested by persons committed to the | ||||||
| 10 | Department of Corrections, Department of Human Services | ||||||
| 11 | Division of Mental Health, or a county jail if those | ||||||
| 12 | materials include records from staff members' personnel | ||||||
| 13 | files, staff rosters, or other staffing assignment | ||||||
| 14 | information. | ||||||
| 15 | (e-7) Records requested by persons committed to the | ||||||
| 16 | Department of Corrections or Department of Human Services | ||||||
| 17 | Division of Mental Health if those materials are available | ||||||
| 18 | through an administrative request to the Department of | ||||||
| 19 | Corrections or Department of Human Services Division of | ||||||
| 20 | Mental Health. | ||||||
| 21 | (e-8) Records requested by a person committed to the | ||||||
| 22 | Department of Corrections, Department of Human Services | ||||||
| 23 | Division of Mental Health, or a county jail, the | ||||||
| 24 | disclosure of which would result in the risk of harm to any | ||||||
| 25 | person or the risk of an escape from a jail or correctional | ||||||
| 26 | institution or facility. | ||||||
| |||||||
| |||||||
| 1 | (e-9) Records requested by a person in a county jail | ||||||
| 2 | or committed to the Department of Corrections or | ||||||
| 3 | Department of Human Services Division of Mental Health, | ||||||
| 4 | containing personal information pertaining to the person's | ||||||
| 5 | victim or the victim's family, including, but not limited | ||||||
| 6 | to, a victim's home address, home telephone number, work | ||||||
| 7 | or school address, work telephone number, social security | ||||||
| 8 | number, or any other identifying information, except as | ||||||
| 9 | may be relevant to a requester's current or potential case | ||||||
| 10 | or claim. | ||||||
| 11 | (e-10) Law enforcement records of other persons | ||||||
| 12 | requested by a person committed to the Department of | ||||||
| 13 | Corrections, Department of Human Services Division of | ||||||
| 14 | Mental Health, or a county jail, including, but not | ||||||
| 15 | limited to, arrest and booking records, mug shots, and | ||||||
| 16 | crime scene photographs, except as these records may be | ||||||
| 17 | relevant to the requester's current or potential case or | ||||||
| 18 | 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | competitive bidding requests by the Department of | ||||||
| 2 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 3 | (uu) Documents that, pursuant to the State of | ||||||
| 4 | Illinois' 1987 Agreement with the U.S. Nuclear Regulatory | ||||||
| 5 | Commission and the corresponding requirement to maintain | ||||||
| 6 | compatibility with the National Materials Program, have | ||||||
| 7 | been determined to be security sensitive. These documents | ||||||
| 8 | include information classified as safeguards, | ||||||
| 9 | safeguards-modified, and sensitive unclassified | ||||||
| 10 | nonsafeguards information, as identified in U.S. Nuclear | ||||||
| 11 | Regulatory Commission regulatory information summaries, | ||||||
| 12 | security advisories, and other applicable communications | ||||||
| 13 | or regulations related to the control and distribution of | ||||||
| 14 | security sensitive information. | ||||||
| 15 | (vv) Records described in Section 25.1 of the Health | ||||||
| 16 | Care Violence Prevention Act. | ||||||
| 17 | (1.5) Any information exempt from disclosure under the | ||||||
| 18 | Judicial Privacy Act shall be redacted from public records | ||||||
| 19 | prior to disclosure under this Act. | ||||||
| 20 | (1.6) Any information exempt from disclosure under the | ||||||
| 21 | Public Official Safety and Privacy Act shall be redacted from | ||||||
| 22 | public records prior to disclosure under this Act. | ||||||
| 23 | (1.7) Any information exempt from disclosure under | ||||||
| 24 | paragraph (3.5) of Section 9-15 of the Election Code shall be | ||||||
| 25 | redacted from public records prior to disclosure under this | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (2) A public record that is not in the possession of a | ||||||
| 2 | public body but is in the possession of a party with whom the | ||||||
| 3 | agency has contracted to perform a governmental function on | ||||||
| 4 | behalf of the public body, and that directly relates to the | ||||||
| 5 | governmental function and is not otherwise exempt under this | ||||||
| 6 | Act, shall be considered a public record of the public body, | ||||||
| 7 | for purposes of this Act. | ||||||
| 8 | (3) This Section does not authorize withholding of | ||||||
| 9 | information or limit the availability of records to the | ||||||
| 10 | public, except as stated in this Section or otherwise provided | ||||||
| 11 | in this Act. | ||||||
| 12 | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; | ||||||
| 13 | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. | ||||||
| 14 | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, | ||||||
| 15 | eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26; | ||||||
| 16 | 104-443, eff. 1-1-26; revised 1-7-26.) | ||||||
| 17 | Section 5. The Health Care Violence Prevention Act is | ||||||
| 18 | amended by changing Sections 5 and 20 and by adding Sections | ||||||
| 19 | 25.1 and 25.2 as follows: | ||||||
| 20 | (210 ILCS 160/5) | ||||||
| 21 | Sec. 5. Definitions. As used in this Act: | ||||||
| 22 | "Committed person" means a person who is in the custody of | ||||||
| 23 | or under the control of a custodial agency, including, but not | ||||||
| 24 | limited to, a person who is incarcerated, under arrest, | ||||||
| |||||||
| |||||||
| 1 | detained, or otherwise under the physical control of a | ||||||
| 2 | custodial agency. | ||||||
| 3 | "Custodial agency" means the Illinois Department of | ||||||
| 4 | Corrections, the Illinois State Police, the sheriff of a | ||||||
| 5 | county, a county jail, a correctional institution, or any | ||||||
| 6 | other State agency, municipality, or unit of local government | ||||||
| 7 | that employs personnel designated as police, peace officers, | ||||||
| 8 | wardens, corrections officers, or guards or that employs | ||||||
| 9 | personnel vested by law with the power to place or maintain a | ||||||
| 10 | person in custody. | ||||||
| 11 | "Department" means the Department of Public Health. | ||||||
| 12 | "Emergency department" means the physical section of a | ||||||
| 13 | health care provider in which emergency medical care is | ||||||
| 14 | provided pursuant to the Hospital Emergency Services Act. | ||||||
| 15 | "Health care provider" means a retail health care | ||||||
| 16 | facility, a hospital subject to the Hospital Licensing Act or | ||||||
| 17 | the University of Illinois Hospital Act, or a veterans home as | ||||||
| 18 | defined in the Department of Veterans Affairs Act. | ||||||
| 19 | "Health care worker" means nursing assistants and other | ||||||
| 20 | support personnel, any individual licensed under the laws of | ||||||
| 21 | this State to provide health services, including but not | ||||||
| 22 | limited to: dentists licensed under the Illinois Dental | ||||||
| 23 | Practice Act; dental hygienists licensed under the Illinois | ||||||
| 24 | Dental Practice Act; nurses and advanced practice registered | ||||||
| 25 | nurses licensed under the Nurse Practice Act; occupational | ||||||
| 26 | therapists licensed under the Illinois Occupational Therapy | ||||||
| |||||||
| |||||||
| 1 | Practice Act; optometrists licensed under the Illinois | ||||||
| 2 | Optometric Practice Act of 1987; pharmacists licensed under | ||||||
| 3 | the Pharmacy Practice Act; physical therapists licensed under | ||||||
| 4 | the Illinois Physical Therapy Act; physicians licensed under | ||||||
| 5 | the Medical Practice Act of 1987; physician assistants | ||||||
| 6 | licensed under the Physician Assistant Practice Act of 1987; | ||||||
| 7 | podiatric physicians licensed under the Podiatric Medical | ||||||
| 8 | Practice Act of 1987; clinical psychologists licensed under | ||||||
| 9 | the Clinical Psychologist Licensing Act; clinical social | ||||||
| 10 | workers licensed under the Clinical Social Work and Social | ||||||
| 11 | Work Practice Act; speech-language pathologists and | ||||||
| 12 | audiologists licensed under the Illinois Speech-Language | ||||||
| 13 | Pathology and Audiology Practice Act; or hearing instrument | ||||||
| 14 | dispensers licensed under the Hearing Instrument Consumer | ||||||
| 15 | Protection Act, or any of their successor Acts. | ||||||
| 16 | "Nurse" means a person who is licensed to practice nursing | ||||||
| 17 | under the Nurse Practice Act. | ||||||
| 18 | "Retail health care facility" means an institution, place, | ||||||
| 19 | or building, or any portion thereof, that: | ||||||
| 20 | (1) is devoted to the maintenance and operation of a | ||||||
| 21 | facility for the performance of health care services and | ||||||
| 22 | is located within a retail store at a specific location; | ||||||
| 23 | (2) does not provide surgical services or any form of | ||||||
| 24 | general anesthesia; | ||||||
| 25 | (3) does not provide beds or other accommodations for | ||||||
| 26 | either the long-term or overnight stay of patients; and | ||||||
| |||||||
| |||||||
| 1 | (4) discharges individual patients in an ambulatory | ||||||
| 2 | condition without danger to the continued well-being of | ||||||
| 3 | the patients and transfers non-ambulatory patients to | ||||||
| 4 | hospitals. | ||||||
| 5 | "Retail health care facility" does not include hospitals, | ||||||
| 6 | long-term care facilities, ambulatory treatment centers, blood | ||||||
| 7 | banks, clinical laboratories, offices of physicians, advanced | ||||||
| 8 | practice registered nurses, podiatrists, and physician | ||||||
| 9 | assistants, and pharmacies that provide limited health care | ||||||
| 10 | services. | ||||||
| 11 | (Source: P.A. 104-234, eff. 8-15-25.) | ||||||
| 12 | (210 ILCS 160/20) | ||||||
| 13 | Sec. 20. Workplace violence prevention program. | ||||||
| 14 | (a) A health care provider shall create a workplace | ||||||
| 15 | violence prevention program that complies with the | ||||||
| 16 | Occupational Safety and Health Administration guidelines for | ||||||
| 17 | preventing workplace violence for health care and social | ||||||
| 18 | service workers as amended or updated by the Occupational | ||||||
| 19 | Safety and Health Administration. | ||||||
| 20 | (a-5) In addition, the workplace violence prevention | ||||||
| 21 | program shall include: | ||||||
| 22 | (1) the following classifications of workplace | ||||||
| 23 | violence as one of 4 possible types: | ||||||
| 24 | (A) "Type 1 violence" means workplace violence | ||||||
| 25 | committed by a person who has no legitimate business | ||||||
| |||||||
| |||||||
| 1 | at the work site and includes violent acts by anyone | ||||||
| 2 | who enters the workplace with the intent to commit a | ||||||
| 3 | crime. | ||||||
| 4 | (B) "Type 2 violence" means workplace violence | ||||||
| 5 | directed at employees by customers, clients, patients, | ||||||
| 6 | students, inmates, visitors, or other individuals | ||||||
| 7 | accompanying a patient. | ||||||
| 8 | (C) "Type 3 violence" means workplace violence | ||||||
| 9 | against an employee by a present or former employee, | ||||||
| 10 | supervisor, or manager. | ||||||
| 11 | (D) "Type 4 violence" means workplace violence | ||||||
| 12 | committed in the workplace by someone who does not | ||||||
| 13 | work there, but has or is known to have had a personal | ||||||
| 14 | relationship with an employee; | ||||||
| 15 | (2) management commitment and worker participation, | ||||||
| 16 | including, but not limited to, nurses; | ||||||
| 17 | (3) worksite analysis and identification of potential | ||||||
| 18 | hazards; | ||||||
| 19 | (4) hazard prevention and control; | ||||||
| 20 | (5) safety and health training with required hours | ||||||
| 21 | determined by rule; and | ||||||
| 22 | (6) a system for employees to report incidents of type | ||||||
| 23 | 2 violence to the health care provider; and | ||||||
| 24 | (7) (6) recordkeeping and evaluation of the violence | ||||||
| 25 | prevention program. | ||||||
| 26 | (b) The Department of Public Health may by rule adopt | ||||||
| |||||||
| |||||||
| 1 | additional criteria for workplace violence prevention | ||||||
| 2 | programs. | ||||||
| 3 | (Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
| 4 | (210 ILCS 160/25.1 new) | ||||||
| 5 | Sec. 25.1. Recordkeeping. | ||||||
| 6 | (a) On or before November 30, 2027, the Department shall, | ||||||
| 7 | by rule, develop and publish in a publicly accessible format a | ||||||
| 8 | template or form for health care providers to use to log type 2 | ||||||
| 9 | violent incidents occurring in the emergency department. No | ||||||
| 10 | later than 3 months after the Department publishes the | ||||||
| 11 | template or form, health care providers shall log type 2 | ||||||
| 12 | violent incidents using the template or form. The template or | ||||||
| 13 | form shall include, at a minimum: | ||||||
| 14 | (1) the violent incident, including environmental risk | ||||||
| 15 | factors present at the time of the incident; | ||||||
| 16 | (2) the date and time of the incident and the job | ||||||
| 17 | titles of involved employees; | ||||||
| 18 | (3) the names and addresses of the perpetrators of | ||||||
| 19 | such violent incidents, if known; | ||||||
| 20 | (4) the nature and extent of injuries to employees and | ||||||
| 21 | patients who were impacted; and | ||||||
| 22 | (5) how the incident was abated or addressed in | ||||||
| 23 | addition to those actions required by Sections 15 and 20. | ||||||
| 24 | (b) Records maintained in accordance with this Section are | ||||||
| 25 | confidential and not subject to disclosure under the Freedom | ||||||
| |||||||
| |||||||
| 1 | of Information Act. | ||||||
| 2 | (210 ILCS 160/25.2 new) | ||||||
| 3 | Sec. 25.2. Reporting. | ||||||
| 4 | (a) On or before May 31, 2028, and on or before May 31 of | ||||||
| 5 | each year thereafter, each health care provider shall prepare | ||||||
| 6 | and submit to the Department an aggregate deidentified summary | ||||||
| 7 | of the type 2 violent incidents logged as specified in | ||||||
| 8 | subsection (a) of Section 25.1 for the preceding calendar | ||||||
| 9 | year. The report shall be completed on a form provided by the | ||||||
| 10 | Department and, at a minimum, include: | ||||||
| 11 | (1) the total number of type 2 violent incidents; | ||||||
| 12 | (2) the total number of recordable injuries related to | ||||||
| 13 | the type 2 incidents; and | ||||||
| 14 | (3) a summary of how the health care provider has, | ||||||
| 15 | during the past year, engaged in violence prevention | ||||||
| 16 | activities as set forth in this Act and, if applicable, | ||||||
| 17 | any additional actions taken to address the type 2 violent | ||||||
| 18 | incidents summarized in the report. | ||||||
| 19 | (b) The Department shall provide an annual aggregated and | ||||||
| 20 | deidentified report to the General Assembly summarizing the | ||||||
| 21 | reports received. When deidentifying data, the Department | ||||||
| 22 | shall remove all identifying data related to the patients | ||||||
| 23 | impacted, the health care provider employees involved, and the | ||||||
| 24 | health care provider. Such deidentification shall be done in | ||||||
| 25 | accordance with 45 CFR 164.514. | ||||||
| |||||||
| |||||||
| 1 | (c) On or before July 15, 2028, and on or before July 15 of | ||||||
| 2 | each year thereafter, the Department shall notify any health | ||||||
| 3 | care provider that has failed to submit a summary report as | ||||||
| 4 | required by subsection (a). A health care provider receiving | ||||||
| 5 | such a notice shall have 30 calendar days to submit the summary | ||||||
| 6 | report. The Department may impose a fine of up to $500 per day | ||||||
| 7 | until the health care provider submits the summary report. | ||||||
| 8 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 9 | changes in a statute that is represented in this Act by text | ||||||
| 10 | that is not yet or no longer in effect (for example, a Section | ||||||
| 11 | represented by multiple versions), the use of that text does | ||||||
| 12 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 13 | made by this Act or (ii) provisions derived from any other | ||||||
| 14 | Public Act. | ||||||
| 15 | Section 99. Effective date. This Act takes effect January | ||||||
| 16 | 1, 2027.". | ||||||
