Illinois Senate Bill 3398

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Completed Legislative Action
Sponsorship: Partisan Bill (Democrat 2)
Status: Passed on August 7 2026 - 100% progression
Action: 2026-08-07 - Public Act . . . . . . . . . 104-0820
Text: Latest bill text (Enrolled) [HTML]

Amends the Health Care Surrogate Act. Requires a health care provider to release the medical records of the patient as a response to a written request for the release of records to an individual who was named as a surrogate or any person, entity, or organization presenting valid authorization. Provides that, upon a determination that a patient lacks decisional capacity and a health care surrogate is identified, a health care facility shall provide specified written information, which may be provided electronically, to the surrogate. Provides that a health care provider who relies on and carries out a surrogate's directions and who acts with due care and in accordance with the Act shall not be subject to any claim based on lack of patient authorization for unprofessional conduct. Effective immediately.

CIV PRO-TENANTS IN COMMON

Sen. Michael Halpin [D]

Rep. Jay Hoffman [D]

2026-05-31 - Senate - Senate Concurrence (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2026-05-31 - Senate - Senate Concurrence (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2026-05-31 - House - House Third Reading (Y: 116 N: 0 NV: 1 Abs: 0) [PASS]
2026-05-31 - Senate - Senate Executive Committee (Y: 12 N: 0 NV: 1 Abs: 0) [PASS]
2026-05-31 - Senate - Senate Executive Committee (Y: 12 N: 0 NV: 1 Abs: 0) [PASS]
2026-05-30 - House - House Judiciary - Civil Committee (Y: 20 N: 0 NV: 0 Abs: 0) [PASS]
2026-05-29 - House - House Judiciary - Civil Committee (Y: 19 N: 0 NV: 1 Abs: 0) [PASS]
2026-05-06 - House - House Judiciary - Civil Committee (Y: 18 N: 0 NV: 2 Abs: 0) [PASS]
2026-04-16 - Senate - Senate Third Reading (Y: 55 N: 0 NV: 4 Abs: 0) [PASS]
2026-04-15 - Senate - Senate Judiciary Committee (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]
2026-03-04 - Senate - Senate Judiciary Committee (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]
2026-03-04 - Senate - Senate Judiciary Committee (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2026-08-07	Senate	Public Act . . . . . . . . . 104-0820
2026-08-07	Senate	Effective Date August 7, 2026
2026-08-07	Senate	Governor Approved
2026-06-29	Senate	Sent to the Governor
2026-05-31	Senate	Passed Both Houses
2026-05-31	Senate	Senate Concurs
2026-05-31	Senate	House Floor Amendment No. 2 Senate Concurs 056-000-000
2026-05-31	Senate	House Floor Amendment No. 1 Senate Concurs 056-000-000
2026-05-31	Senate	House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 012-000-000
2026-05-31	Senate	House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000
2026-05-31	Senate	House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive
2026-05-31	Senate	House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
2026-05-31	Senate	House Floor Amendment No. 2 Motion to Concur Referred to Assignments
2026-05-31	Senate	House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. Halpin
2026-05-31	Senate	House Floor Amendment No. 1 Motion to Concur Referred to Assignments
2026-05-31	Senate	House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael W. Halpin
2026-05-31	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2026
2026-05-31	Senate	Secretary's Desk - Concurrence House Amendment(s) 1, 2
2026-05-31	House	Third Reading - Short Debate - Passed 116-000-000
2026-05-31	House	Placed on Calendar Order of 3rd Reading - Short Debate
2026-05-31	House	House Floor Amendment No. 2 Adopted
2026-05-31	House	House Floor Amendment No. 1 Adopted
2026-05-30	House	House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000
2026-05-29	House	House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
2026-05-29	House	House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 019-000-000
2026-05-29	Senate	Chief Sponsor Changed to Sen. Michael W. Halpin
2026-05-29	House	House Floor Amendment No. 2 Referred to Rules Committee
2026-05-29	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
2026-05-29	House	House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
2026-05-28	House	House Floor Amendment No. 1 Referred to Rules Committee
2026-05-28	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
2026-05-28	House	Alternate Chief Sponsor Changed to Rep. Jay Hoffman
2026-05-22	House	Third Reading/Final Action Deadline Extended-9(b) May 31, 2026
2026-05-19	House	Held on Calendar Order of Second Reading - Short Debate
2026-05-19	House	Second Reading - Short Debate
2026-05-06	House	Placed on Calendar 2nd Reading - Short Debate
2026-05-06	House	Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000
2026-04-27	House	Assigned to Judiciary - Civil Committee
2026-04-17	House	Referred to Rules Committee
2026-04-17	House	First Reading
2026-04-17	House	Chief House Sponsor Rep. Jennifer Gong-Gershowitz
2026-04-17	House	Arrived in House
2026-04-16	Senate	Third Reading - Passed; 055-000-000
2026-04-16	Senate	Placed on Calendar Order of 3rd Reading
2026-04-16	Senate	Senate Floor Amendment No. 2 Adopted; Martwick
2026-04-16	Senate	Recalled to Second Reading
2026-04-15	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-000-000
2026-04-14	Senate	Senate Floor Amendment No. 2 Assignments Refers to Judiciary
2026-04-09	Senate	Senate Floor Amendment No. 2 Referred to Assignments
2026-04-09	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Robert F. Martwick
2026-03-11	Senate	Placed on Calendar Order of 3rd Reading March 12, 2026
2026-03-11	Senate	Second Reading
2026-03-05	Senate	Placed on Calendar Order of 2nd Reading March 10, 2026
2026-03-05	Senate	Do Pass as Amended Judiciary; 009-000-000
2026-03-04	Senate	Senate Committee Amendment No. 1 Adopted
2026-03-03	Senate	Senate Committee Amendment No. 1 Assignments Refers to Judiciary
2026-02-26	Senate	Senate Committee Amendment No. 1 Referred to Assignments
2026-02-26	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. Martwick
2026-02-25	Senate	Postponed - Judiciary
2026-02-17	Senate	Assigned to Judiciary
2026-02-04	Senate	Referred to Assignments
2026-02-04	Senate	First Reading
2026-02-04	Senate	Filed with Secretary by Sen. Robert F. Martwick

Chapter	Article	Section	Citation Type	Statute Text
755	40	25	Amended Code	Citation Text
755	40	30	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/Legislation/BillStatus?DocNum=3398&GAID=18&DocTypeID=SB&LegId=166320&SessionID=114
Text	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=207666&DocName=10400SB3398&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Text	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=207666&DocName=10400SB3398eng&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Text	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=207666&DocName=10400SB3398enr&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Amendment	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=209467&DocName=10400SB3398sam001&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Amendment	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=210289&DocName=10400SB3398sam002&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Amendment	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=211312&DocName=10400SB3398ham001&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Amendment	https://www.ilga.gov/Legislation/BillStatus/FullText?LegDocId=211342&DocName=10400SB3398ham002&DocNum=3398&DocTypeID=SB&LegID=166320&GAID=18&SessionID=114&SpecSess=&Session=
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/committeevotes/10400SB3398SCA1_45228.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/committeevotes/10400SB3398_45229.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/committeevotes/10400SB3398SFA2_46399.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/house/committeevotes/10400SB3398_46668.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/house/committeevotes/10400SB3398HFA1_47381.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/house/committeevotes/10400SB3398HFA2_47413.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/committeevotes/10400SB3398HFA2_47460.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/committeevotes/10400SB3398HFA1_47459.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/10400SB3398_04162026_019000T.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/house/10400SB3398_05312026_002000T.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/10400SB3398ham002_05312026_036001C.pdf
Roll Call	https://www.ilga.gov/Documents/legislation/votehistory/104/senate/10400SB3398ham001_05312026_036000C.pdf