Bill Text: IL HB5267 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Reproductive Health Act. Provides that a health care professional who provides abortion-related care may submit, to any government agency, person, business, or association, a written request that the government agency, person, business, or association refrain from disclosing any personal information about the health care professional. Provides that if a government agency receives a written request from a health care professional, the government agency shall not publicly post or display publicly available content that includes any personal information of the health care professional. Exempts the personal information of the health care professional from the Freedom of Information Act. Provides that if a person, business, or association receives a written request from a health care professional, the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional. Provides that no person, business, or association shall solicit, sell, or trade any personal information of the health care professional with the intent to post an imminent or serious threat to the health and safety of the health care professional or his or her immediate family. Allows a health care professional to bring an action against a government agency, person, business, or association, seeking injunctive or declaratory relief if a written request is violated. Provides that it a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a health care professional or his or her immediate family if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or his or her immediate family, and the violation is a proximate cause of bodily injury or death of the health care professional or his or her immediate family member. Makes a conforming change in the Freedom of Information Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-05-21 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB5267 Detail]

Download: Illinois-2019-HB5267-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5267 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED:
5 ILCS 140/7 from Ch. 116, par. 207
775 ILCS 55/40 new
Amends the Reproductive Health Act. Provides that a health care professional who provides abortion-related care may submit, to any government agency, person, business, or association, a written request that the government agency, person, business, or association refrain from disclosing any personal information about the health care professional. Provides that if a government agency receives a written request from a health care professional, the government agency shall not publicly post or display publicly available content that includes any personal information of the health care professional. Exempts the personal information of the health care professional from the Freedom of Information Act. Provides that if a person, business, or association receives a written request from a health care professional, the person, business, or association shall refrain from publicly posting or displaying on the Internet publicly available content that includes the personal information of a health care professional. Provides that no person, business, or association shall solicit, sell, or trade any personal information of the health care professional with the intent to post an imminent or serious threat to the health and safety of the health care professional or his or her immediate family. Allows a health care professional to bring an action against a government agency, person, business, or association, seeking injunctive or declaratory relief if a written request is violated. Provides that it a Class 3 felony for any person to knowingly publicly post on the Internet the personal information of a health care professional or his or her immediate family if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the health care professional or his or her immediate family, and the violation is a proximate cause of bodily injury or death of the health care professional or his or her immediate family member. Makes a conforming change in the Freedom of Information Act.
LRB101 18481 LNS 67931 b
A BILL FOR
HB5267 LRB101 18481 LNS 67931 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from disclosure
under this Section, but also contains information that is not
exempt from disclosure, the public body may elect to redact the
information that is exempt. The public body shall make the
remaining information available for inspection and copying.
Subject to this requirement, the following shall be exempt from
inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations
implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law or
a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and

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specifically designed to provide information to one or more
law enforcement agencies regarding the physical or mental
status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual
subjects of the information. "Unwarranted invasion of
personal privacy" means the disclosure of information that
is highly personal or objectionable to a reasonable person
and in which the subject's right to privacy outweighs any
legitimate public interest in obtaining the information.
The disclosure of information that bears on the public
duties of public employees and officials shall not be
considered an invasion of personal privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the extent
that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body

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that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies
related to detection, observation or investigation of
incidents of crime or misconduct, and disclosure would
result in demonstrable harm to the agency or public
body that is the recipient of the request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation

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by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency that
is the recipient of the request did not create the record,
did not participate in or have a role in any of the events
which are the subject of the record, and only has access to
the record through the shared electronic record management
system.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available

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through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the disclosure
of which would result in the risk of harm to any person or
the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail or
committed to the Department of Corrections or Department of
Human Services Division of Mental Health, containing
personal information pertaining to the person's victim or
the victim's family, including, but not limited to, a
victim's home address, home telephone number, work or
school address, work telephone number, social security
number, or any other identifying information, except as may
be relevant to a requester's current or potential case or
claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not limited
to, arrest and booking records, mug shots, and crime scene
photographs, except as these records may be relevant to the
requester's current or potential case or claim.

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(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those records
of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension fund,
from a private equity fund or a privately held company
within the investment portfolio of a private equity fund as
a result of either investing or evaluating a potential
investment of public funds in a private equity fund. The
exemption contained in this item does not apply to the

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aggregate financial performance information of a private
equity fund, nor to the identity of the fund's managers or
general partners. The exemption contained in this item does
not apply to the identity of a privately held company
within the investment portfolio of a private equity fund,
unless the disclosure of the identity of a privately held
company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by news
media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only

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purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,

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airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public under
Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that would
not be subject to discovery in litigation, and materials
prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication of
employee grievances or disciplinary cases; however, this
exemption shall not extend to the final outcome of cases in
which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of

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computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of an
applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.

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Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to be
used to create electronic or digital signatures under the
Electronic Commerce Security Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a community's
population or systems, facilities, or installations, the
destruction or contamination of which would constitute a
clear and present danger to the health or safety of the
community, but only to the extent that disclosure could
reasonably be expected to jeopardize the effectiveness of
the measures or the safety of the personnel who implement
them or the public. Information exempt under this item may

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include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, or to
tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power Agency
Act and Section 16-111.5 of the Public Utilities Act that
is determined to be confidential and proprietary by the
Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Sections 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality

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review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of 2012.
(hh) The report submitted to the State Board of

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Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to the
Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request to
the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) (kk) Records concerning the work of the threat
assessment team of a school district.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records

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prior to disclosure under this Act.
(1.7) Any information exempt from disclosure under Section
40 of the Reproductive Health Act shall be redacted from public
records prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
Section 10. The Reproductive Health Act is amended by
adding Section 40 as follows:
(775 ILCS 55/40 new)
Sec. 40. Health care professional privacy.
(a) A health care professional who provides
abortion-related care may submit, to any government agency,

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person, business, or association, a written request that the
government agency, person, business, or association refrain
from disclosing any personal information about the health care
professional.
A representative from the health care professional's
employer may submit a written request on behalf of the health
care professional, if: (i) the health care professional gives
written consent to the representative; and (ii) the
representative agrees to furnish a copy of that consent when a
written request is made. The representative shall submit the
written request directly to a government agency, person,
business or association.
A written request is valid if the health care professional,
or representative of the health care professional's employer,
sends a written request directly to a government agency,
person, business, or association.
(b) The written request shall specify:
(1) what personal information of the health care
professional shall be maintained private;
(2) if a health care professional wishes to identify a
secondary residence as a home address, the designation of
such; and
(3) the identity of any immediate family, and any
personal information of those persons that shall be
excluded to the extent that it could reasonably be expected
to reveal the personal information of the health care

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professional.
(c) A written request is valid until the health care
professional provides the government agency, person, business,
or association with written permission to release the personal
information. Otherwise, a written request from a health care
professional expires on death.
(d) If a government agency receives a written request from
a health care professional in accordance with subsections (a)
and (b), the government agency shall not publicly post or
display publicly available content that includes any personal
information of the health care professional. After receipt of
the request, the government agency shall remove any personal
information of the health care professional from the publicly
available content within 5 business days, and shall not
publicly post or display the personal information unless the
health care professional has given the government agency
written permission to release the personal information as
required under subsection (c). The personal information of the
health care professional is exempt from the Freedom of
Information Act unless the government agency receives consent
from the health care professional to make the personal
information available to the public.
(e) If a government agency fails to comply with a written
request under subsection (d), the health care professional may
bring an action seeking injunctive or declaratory relief in any
court of competent jurisdiction.

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(f) If a person, business, or association receives a
written request from a health care professional in accordance
with subsections (a) and (b), the person, business, or
association shall refrain from publicly posting or displaying
on the Internet publicly available content that includes the
personal information of a health care professional. After
receipt of a written request, the person, business, or
association: (i) has 72 hours to remove the personal
information from the Internet; (ii) shall ensure that the
personal information of the health care professional is not
made available on any website or subsidiary website controlled
by that person, business, or association; and (iii) shall not
transfer the personal information of the health care
professional to any other person, business, or association
through any medium.
(g) No person, business, or association shall solicit,
sell, or trade on the Internet any personal information of the
health care professional with the intent to post an imminent or
serious threat to the health and safety of the health care
professional or his or her immediate family.
(h) A health care professional whose personal information
is made public as a result of a violation of subsection (f) or
(g) may bring an action seeking injunctive or declaratory
relief in any court of competent jurisdiction. A court shall
award a prevailing health care professional costs and
reasonable attorney's fees.

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(i) No government agency, person, business, or association
shall be found to have violated any provision of this Section
if the health care professional fails to submit a written
request calling for the protection of the personal information
of the health care professional.
(j) It is unlawful for any person to knowingly publicly
post on the Internet the personal information of a health care
professional or his or her immediate family if the person knows
or reasonably should know that publicly posting the personal
information poses an imminent and serious threat to the health
and safety of the health care professional or his or her
immediate family, and the violation is a proximate cause of
bodily injury or death of the health care professional or his
or her immediate family member. A person who violates this
subsection is guilty of a Class 3 felony.
(k) It is not a violation of subsection (j) if an employee
of a government agency publishes personal information, in good
faith, on the website of the government agency in the ordinary
course of carrying out public functions if the employee
complied with the conditions of this Section.
(l) This Section and any rules adopted to implement this
Section shall be construed broadly to favor the protection of
the personal information of a health care professional.
(m) As used in this Section:
"Government agency" means all agencies, authorities,
boards, commissions, departments, institutions, offices, and

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any other bodies politic and corporate of this State created by
the constitution or statute, whether in the executive,
judicial, or legislative branch; all units and corporate
outgrowths created by executive order of the Governor or any
constitutional officer, by the Supreme Court, or by resolution
of the General Assembly; or agencies, authorities, boards,
commissions, departments, institutions, offices, and any other
bodies politic and corporate of a unit of local government, or
school district.
"Home address" means a permanent residence of the health
care professional and any secondary residences affirmatively
identified by the health care professional.
"Immediate family" means a spouse, child, parent, or any
blood relative of the health care professional or the spouse of
the health care representative who lives in the same residence.
"Personal information" means a home address, home
telephone number, mobile telephone number, pager number,
personal email address, social security number, federal tax
identification number, checking and savings account numbers,
credit card numbers, marital status, and identity of children
under the age of 18.
"Publicly available content" means any written, printed,
or electronic document or record that provides information or
that serves as a document or record maintained, controlled, or
in the possession of a government agency that may be obtained
by any person or entity, from the Internet, from a government

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agency upon request free of charge or for a fee, or in response
to a request under the Freedom of Information Act.
"Publicly post" or "publicly display" means to communicate
to another or otherwise make available to the general public.
"Written request" means written notice signed by a health
care professional requesting a government agency, person,
business, or association to refrain from posting or displaying
publicly available content that includes the personal
information of the health care professional.