104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5733

 

Introduced 3/25/2026, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2.15
5 ILCS 140/3  from Ch. 116, par. 203
5 ILCS 140/6  from Ch. 116, par. 206
5 ILCS 140/7
5 ILCS 140/7.5

    Amends the Freedom of Information Act. Provides that records containing law enforcement in-car camera and officer-worn body camera video and audio recordings that a public body received from another public body are exempt from inspection or copying under the Act. Provides that records concerning the work of the threat assessment team of a law enforcement agency are exempt from inspection or copying under the Act. Provides that criminal history records are exempt from inspection or copying under the Act. Provides that personal and private information submitted to and maintained by the Illinois State Police under the Criminal Identification Act is exempt from inspection or copying under the Act. Provides that, if a public body received more than 1,000 requests under the Act in the preceding year, then (i) the public body shall either comply with or deny a request for a record that includes video records within 30 business days (rather than 5 business days) after its receipt of the request and (ii) the time for response to any request the public body receives may be extended by not more than 10 business days (rather than 5 business days) from the original due date for specified reasons. Provides that, if a request is made for an audio or video file that is maintained in an electronic format, then the public body may not charge for the first 60 minutes of staff time to prepare the response, including conducting necessary research regarding the request, as well as locating, collecting, reviewing, and redacting any responsive audio or video files. Provides that, after the first 60 minutes of staff time, the public body may charge the preparation costs of the public body's lowest paid staff member employed in a position that performs the work to prepare the response (rather than charging specified dollar amounts for specified megabytes of data). Makes technical and other changes. Effective January 1, 2027.


LRB104 21238 BDA 35851 b

 

 

A BILL FOR

 

HB5733LRB104 21238 BDA 35851 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Sections 2.15, 3, 6, 7, and 7.5 as follows:
 
6    (5 ILCS 140/2.15)
7    Sec. 2.15. Arrest reports and criminal history records.
8    (a) Arrest reports. The following chronologically
9maintained arrest and criminal history records information
10maintained by State or local criminal justice agencies shall
11be furnished as soon as practical, but in no event later than
1272 hours after the arrest, notwithstanding the time limits
13otherwise provided for in Section 3 of this Act: (i)
14information that identifies the individual, including the
15name, age, address, and photograph, when and if available;
16(ii) information detailing any charges relating to the arrest;
17(iii) the time and location of the arrest; (iv) the name of the
18investigating or arresting law enforcement agency; (v)
19(blank); and (vi) if the individual is incarcerated, the time
20and date that the individual was received into, discharged
21from, or transferred from the arresting agency's custody.
22    (b) Criminal history records. The following documents
23maintained by a public body pertaining to criminal history

 

 

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1records record information are public records subject to
2inspection and copying by the public pursuant to this Act: (i)
3court records that are public; (ii) records that are otherwise
4available under State or local law; and (iii) records in which
5the requesting party is the individual identified, except as
6provided under Section 7(1)(d)(vi).
7    This subsection does not apply to criminal history record
8information as defined in the Illinois Criminal Justice
9Information Act. Criminal history record information is exempt
10from disclosure by (i) the Illinois State Police and (ii) a
11public agency that received criminal history record
12information from the Illinois State Police.
13    (c) Information described in items (iii) through (vi) of
14subsection (a) may be withheld if it is determined that
15disclosure would: (i) interfere with pending or actually and
16reasonably contemplated law enforcement proceedings conducted
17by any law enforcement agency; (ii) endanger the life or
18physical safety of law enforcement or correctional personnel
19or any other person; or (iii) compromise the security of any
20correctional facility.
21    (d) The provisions of this Section do not supersede the
22confidentiality provisions for law enforcement or arrest
23records of the Juvenile Court Act of 1987.
24    (e) Notwithstanding the requirements of subsection (a), a
25law enforcement agency may not publish booking photographs,
26commonly known as "mugshots", on its social networking website

 

 

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1in connection with civil offenses, petty offenses, business
2offenses, Class C misdemeanors, and Class B misdemeanors
3unless the booking photograph is posted to the social
4networking website to assist in the search for a missing
5person or to assist in the search for a fugitive, person of
6interest, or individual wanted in relation to a crime other
7than a petty offense, business offense, Class C misdemeanor,
8or Class B misdemeanor. As used in this subsection, "social
9networking website" has the meaning provided in Section 10 of
10the Right to Privacy in the Workplace Act.
11(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
12102-1104, eff. 1-1-23.)
 
13    (5 ILCS 140/3)  (from Ch. 116, par. 203)
14    Sec. 3. (a) Each public body shall make available to any
15person for inspection or copying all public records, except as
16otherwise provided in Sections 7 and 8.5 of this Act.
17Notwithstanding any other law, a public body may not grant to
18any person or entity, whether by contract, license, or
19otherwise, the exclusive right to access and disseminate any
20public record as defined in this Act.
21    (b) Subject to the fee provisions of Section 6 of this Act,
22each public body shall promptly provide, to any person who
23submits a request, a copy of any public record required to be
24disclosed by subsection (a) of this Section and shall certify
25such copy if so requested.

 

 

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1    (c) Requests for inspection or copies shall be made in
2writing and directed to the public body. Written requests may
3be submitted to a public body via personal delivery, mail,
4telefax, or other means available to the public body.
5Electronic requests under this Section must appear in their
6entirety within the body of the electronic submission. As a
7cybersecurity measure, no public body shall be required to
8open electronically attached files or hyperlinks to view or
9access details of a request. A public body that receives a
10request that would require the public body to open hyperlinks
11or attached files shall, within 5 business days, notify the
12requester of the requirement that the entirety of an
13electronic request must appear within the body of the
14electronic submission. A public body may honor oral requests
15for inspection or copying. A public body may not require that a
16request be submitted on a standard form or require the
17requester to specify the purpose for a request, except to
18determine whether the records are requested for a commercial
19purpose or whether to grant a request for a fee waiver. All
20requests for inspection and copying received by a public body
21shall immediately be forwarded to its Freedom of Information
22officer or designee.
23    (d) Except for requests for records containing video
24records, each Each public body shall, promptly, either comply
25with or deny a request for public records within 5 business
26days after its receipt of the request, unless the time for

 

 

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1response is properly extended under subsection (e) of this
2Section. Denial shall be in writing as provided in Section 9 of
3this Act. Failure to comply with a written request, extend the
4time for response, or deny a request within 5 business days
5after its receipt shall be considered a denial of the request.
6A public body that fails to respond to a request within the
7requisite periods in this Section but thereafter provides the
8requester with copies of the requested public records may not
9impose a fee for such copies. A public body that fails to
10respond to a request received may not treat the request as
11unduly burdensome under subsection (g).
12    (d-5) Beginning on the effective date of this amendatory
13Act of the 104th General Assembly, a public body that receives
14a request for a record containing video recordings shall
15either comply with or deny a request for a record that includes
16video records within:
17        (1) 5 business days after its receipt of the request,
18    if the public body received 1,000 or fewer requests under
19    this Act in the preceding year; or
20        (2) 30 business days after its receipt of the request,
21    if the public body received more than 1,000 requests under
22    this Act in the preceding year.
23    (e) The time for response under this Section may be
24extended by the public body either for not more than 5 business
25days from the original due date for a public body that received
261,000 or fewer requests under this Act in the preceding year or

 

 

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1for not more than 10 business days from the original due date
2for a public body that received more than 1,000 requests under
3this Act in the preceding year, for any of the following
4reasons:
5        (i) the requested records are stored in whole or in
6    part at other locations than the office having charge of
7    the requested records;
8        (ii) the request requires the collection of a
9    substantial number of specified records;
10        (iii) the request is couched in categorical terms and
11    requires an extensive search for the records responsive to
12    it;
13        (iv) the requested records have not been located in
14    the course of routine search and additional efforts are
15    being made to locate them;
16        (v) the requested records require examination and
17    evaluation by personnel having the necessary competence
18    and discretion to determine if they are exempt from
19    disclosure under Section 7 of this Act or should be
20    revealed only with appropriate deletions;
21        (vi) the request for records cannot be complied with
22    by the public body within the time limits prescribed by
23    subsection (d) of this Section without unduly burdening or
24    interfering with the operations of the public body;
25        (vii) there is a need for consultation, which shall be
26    conducted with all practicable speed, with another public

 

 

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1    body or among 2 or more components of a public body having
2    a substantial interest in the determination or in the
3    subject matter of the request.
4    The person making a request and the public body may agree
5in writing to extend the time for compliance for a period to be
6determined by the parties. If the requester and the public
7body agree to extend the period for compliance, a failure by
8the public body to comply with any previous deadlines shall
9not be treated as a denial of the request for the records.
10    (f) When additional time is required for any of the above
11reasons, the public body shall, within 5 business days after
12receipt of the request, notify the person making the request
13of the reasons for the extension and the date by which the
14response will be forthcoming. Failure to respond within the
15time permitted for extension shall be considered a denial of
16the request. A public body that fails to respond to a request
17within the time permitted for extension but thereafter
18provides the requester with copies of the requested public
19records may not impose a fee for those copies. A public body
20that requests an extension and subsequently fails to respond
21to the request may not treat the request as unduly burdensome
22under subsection (g).
23    (g) Requests calling for all records falling within a
24category shall be complied with unless compliance with the
25request would be unduly burdensome for the complying public
26body and there is no way to narrow the request and the burden

 

 

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1on the public body outweighs the public interest in the
2information. Before invoking this exemption, the public body
3shall extend to the person making the request an opportunity
4to confer with it in an attempt to reduce the request to
5manageable proportions. If any public body responds to a
6categorical request by stating that compliance would unduly
7burden its operation and the conditions described above are
8met, it shall do so in writing, specifying the reasons why it
9would be unduly burdensome and the extent to which compliance
10will so burden the operations of the public body. Such a
11response shall be treated as a denial of the request for
12information.
13    Repeated requests from the same person for the same
14records that are unchanged or identical to records previously
15provided or properly denied under this Act shall be deemed
16unduly burdensome under this provision.
17    (h) Each public body may promulgate rules and regulations
18in conformity with the provisions of this Section pertaining
19to the availability of records and procedures to be followed,
20including:
21        (i) the times and places where such records will be
22    made available, and
23        (ii) the persons from whom such records may be
24    obtained.
25    (i) The time periods for compliance or denial of a request
26to inspect or copy records set out in this Section shall not

 

 

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1apply to requests for records made for a commercial purpose,
2requests by a recurrent requester, or voluminous requests.
3Such requests shall be subject to the provisions of Sections
43.1, 3.2, and 3.6 of this Act, as applicable.
5    (j) Within 5 business days after its receipt of the
6request, a public body that has a reasonable belief that a
7request was not submitted by a person may require the
8requester to verify orally or in writing that the requester is
9a person. The deadline for the public body to respond to the
10request shall be tolled until the requester verifies that he
11or she is a person. If the requester fails to verify that he or
12she is a person within 30 days after the public body requests
13such a verification, then the public body may deny the
14request. For purposes of this subsection (j), a public body
15may not require the requester to submit personal information,
16private information, or identifying information to verify that
17the requester is a person.
18(Source: P.A. 104-438, eff. 1-1-26.)
 
19    (5 ILCS 140/6)  (from Ch. 116, par. 206)
20    Sec. 6. Authority to charge fees.
21    (a) Except for records that are audio or video files
22maintained in an electronic format as provided in subsection
23(a-10), when When a person requests a copy of a record
24maintained in an electronic format, the public body shall
25furnish it in the electronic format specified by the

 

 

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1requester, if feasible. If it is not feasible to furnish the
2public records in the specified electronic format, then the
3public body shall furnish it in the format in which it is
4maintained by the public body, or in paper format at the option
5of the requester. A public body may charge the requester for
6the actual cost of purchasing the recording medium, whether
7disc, diskette, tape, or other medium. If a request is not a
8request for a commercial purpose or a voluminous request, a
9public body may not charge the requester for the costs of any
10search for and review of the records or other personnel costs
11associated with reproducing the records. Except to the extent
12that the General Assembly expressly provides, statutory fees
13applicable to copies of public records when furnished in a
14paper format shall not be applicable to those records when
15furnished in an electronic format.
16    (a-5) Except for records that are audio or video files
17maintained in an electronic format as provided in subsection
18(a-10), if If a voluminous request is for electronic records
19and those records are not in a portable document format (PDF),
20the public body may charge up to $20 for not more than 2
21megabytes of data, up to $40 for more than 2 but not more than
224 megabytes of data, and up to $100 for more than 4 megabytes
23of data. If a voluminous request is for electronic records and
24those records are in a portable document format, the public
25body may charge up to $20 for not more than 80 megabytes of
26data, up to $40 for more than 80 megabytes but not more than

 

 

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1160 megabytes of data, and up to $100 for more than 160
2megabytes of data. If the responsive electronic records are in
3both a portable document format and not in a portable document
4format, the public body may separate the fees and charge the
5requester under both fee scales.
6    (a-10) If a request is made for an audio or video file that
7is maintained in an electronic format, then the public body
8may not charge for the first 60 minutes of staff time to
9prepare the response, which may include, among other things,
10conducting necessary research regarding the request, as well
11as locating, collecting, reviewing, and redacting any
12responsive audio or video files. After the first 60 minutes of
13staff time, the public body may charge the preparation costs
14of the public body's lowest paid staff member employed in a
15position that performs the work to prepare the response. The
16hourly wage shall be based on the public body's payroll
17records on the date of the receipt of the FOIA request and
18shall be charged in increments of 15 minutes with all partial
19increments rounded down to the nearest 15-minute increment.
20Labor costs shall also include an additional 50% of the hourly
21wage of the public body's lowest paid staff member employed in
22a position that performs the work to partially cover the cost
23of fringe benefits, not to exceed the actual cost of fringe
24benefits. Payment will not be required from (i) a crime victim
25who is the subject of the requested audio or video file or (ii)
26a parent, spouse, child, or legal guardian of a deceased

 

 

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1person who is the subject of the requested audio or video file.
2It is the obligation of the requesting crime victim or parent,
3spouse, child, or legal guardian of a deceased person to
4provide documentation to establish the requester's
5qualification for the payment exemption under this subsection
6(a-10). If a public body intends to require payment pursuant
7to this subsection (a-10), it must notify the requester within
810 business days of receipt of the request of the minimum
9hourly wage that will be applicable to the preparation cost
10calculation and provide an estimate of the personnel hours
11needed to prepare the response. Within 10 business days of
12receipt of the estimate, the requester must notify the public
13body in writing whether they agree to provide payment in the
14estimated amount or do not wish to proceed with the request.
15Upon the public body's receipt of the requester's written
16agreement to provide payment in the estimated amount, the
17public body will respond to the request in accordance with the
18time periods set forth in subsections (d) and (d-5) of Section
193 of this Act. If the requester agrees to provide payment,
20after preparation of the response, the public body must
21provide the requester with an accounting of all fees, costs,
22and personnel hours in connection with the audio or video
23request for public records. The requester must provide payment
24within 10 business days of receipt of the accounting, and the
25public body must provide the response within 5 business days
26of receipt of payment.

 

 

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1    If a public body imposes a fee pursuant to this subsection
2(a-5), it must provide the requester with an accounting of all
3fees, costs, and personnel hours in connection with the
4request for public records.
5    (b) Except when a fee is otherwise fixed by statute, each
6public body may charge fees reasonably calculated to reimburse
7its actual cost for reproducing and certifying public records
8and for the use, by any person, of the equipment of the public
9body to copy records. No fees shall be charged for the first 50
10pages of black and white, letter or legal sized copies
11requested by a requester. The fee for black and white, letter
12or legal sized copies shall not exceed 15 cents per page. If a
13public body provides copies in color or in a size other than
14letter or legal, the public body may not charge more than its
15actual cost for reproducing the records. In calculating its
16actual cost for reproducing records or for the use of the
17equipment of the public body to reproduce records, a public
18body shall not include the costs of any search for and review
19of the records or other personnel costs associated with
20reproducing the records, except for commercial requests as
21provided in subsection (f) of this Section. Such fees shall be
22imposed according to a standard scale of fees, established and
23made public by the body imposing them. The cost for certifying
24a record shall not exceed $1.
25    (c) Documents shall be furnished without charge or at a
26reduced charge, as determined by the public body, if the

 

 

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1person requesting the documents states the specific purpose
2for the request and indicates that a waiver or reduction of the
3fee is in the public interest. Waiver or reduction of the fee
4is in the public interest if the principal purpose of the
5request is to access and disseminate information regarding the
6health, safety and welfare or the legal rights of the general
7public and is not for the principal purpose of personal or
8commercial benefit. For purposes of this subsection,
9"commercial benefit" shall not apply to requests made by news
10media when the principal purpose of the request is to access
11and disseminate information regarding the health, safety, and
12welfare or the legal rights of the general public. In setting
13the amount of the waiver or reduction, the public body may take
14into consideration the amount of materials requested and the
15cost of copying them.
16    (d) The imposition of a fee not consistent with this
17Section subsections (6)(a) and (b) of this Act constitutes a
18denial of access to public records for the purposes of
19judicial review.
20    (e) The fee for each abstract of a driver's record shall be
21as provided in Section 6-118 of "The Illinois Vehicle Code",
22approved September 29, 1969, as amended, whether furnished as
23a paper copy or as an electronic copy.
24    (f) A public body may charge up to $10 for each hour spent
25by personnel in searching for and retrieving a requested
26record or examining the record for necessary redactions. No

 

 

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1fees shall be charged for the first 8 hours spent by personnel
2in searching for or retrieving a requested record. A public
3body may charge the actual cost of retrieving and transporting
4public records from an off-site storage facility when the
5public records are maintained by a third-party storage company
6under contract with the public body. If a public body imposes a
7fee pursuant to this subsection (f), it must provide the
8requester with an accounting of all fees, costs, and personnel
9hours in connection with the request for public records. The
10provisions of this subsection (f) apply only to commercial
11requests.
12(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
 
13    (5 ILCS 140/7)
14    (Text of Section before amendment by P.A. 104-300)
15    Sec. 7. Exemptions.
16    (1) When a request is made to inspect or copy a public
17record that contains information that is exempt from
18disclosure under this Section, but also contains information
19that is not exempt from disclosure, the public body may elect
20to redact the information that is exempt. The public body
21shall make the remaining information available for inspection
22and copying. Subject to this requirement, the following shall
23be exempt from inspection and copying:
24        (a) Information specifically prohibited from
25    disclosure by federal or State law or rules and

 

 

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1    regulations implementing federal or State law.
2        (b) Private information, unless disclosure is required
3    by another provision of this Act, a State or federal law,
4    or a court order.
5        (b-5) Files, documents, and other data or databases
6    maintained by one or more law enforcement agencies and
7    specifically designed to provide information to one or
8    more law enforcement agencies regarding the physical or
9    mental status of one or more individual subjects.
10        (c) Personal information contained within public
11    records, the disclosure of which would constitute a
12    clearly unwarranted invasion of personal privacy, unless
13    the disclosure is consented to in writing by the
14    individual subjects of the information. "Unwarranted
15    invasion of personal privacy" means the disclosure of
16    information that is highly personal or objectionable to a
17    reasonable person and in which the subject's right to
18    privacy outweighs any legitimate public interest in
19    obtaining the information. The disclosure of information
20    that bears on the public duties of public employees and
21    officials shall not be considered an invasion of personal
22    privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the

 

 

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1    extent that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic crashes, traffic crash reports,
19        and rescue reports shall be provided by agencies of
20        local government, except when disclosure would
21        interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known
26        or disclose internal documents of correctional

 

 

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1        agencies related to detection, observation, or
2        investigation of incidents of crime or misconduct, and
3        disclosure would result in demonstrable harm to the
4        agency or public body that is the recipient of the
5        request;
6            (vi) endanger the life or physical safety of law
7        enforcement personnel or any other person; or
8            (vii) obstruct an ongoing criminal investigation
9        by the agency that is the recipient of the request.
10        (d-5) A law enforcement record created for law
11    enforcement purposes and contained in a shared electronic
12    record management system if the law enforcement agency or
13    criminal justice agency that is the recipient of the
14    request did not create the record, did not participate in
15    or have a role in any of the events which are the subject
16    of the record, and only has access to the record through
17    the shared electronic record management system. As used in
18    this subsection (d-5), "criminal justice agency" means the
19    Illinois Criminal Justice Information Authority or the
20    Illinois Sentencing Policy Advisory Council.
21        (d-6) Records contained in the Officer Professional
22    Conduct Database under Section 9.2 of the Illinois Police
23    Training Act, except to the extent authorized under that
24    Section. This includes the documents supplied to the
25    Illinois Law Enforcement Training Standards Board from the
26    Illinois State Police and Illinois State Police Merit

 

 

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1    Board.
2        (d-7) Information gathered or records created from the
3    use of automatic license plate readers in connection with
4    Section 2-130 of the Illinois Vehicle Code.
5        (d-8) Records containing law enforcement in-car camera
6    and officer-worn body camera video and audio recordings
7    that a public body received from another public body.
8        (e) Records that relate to or affect the security of
9    correctional institutions and detention facilities.
10        (e-5) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials are available in the library of the correctional
14    institution or facility or jail where the inmate is
15    confined.
16        (e-6) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials include records from staff members' personnel
20    files, staff rosters, or other staffing assignment
21    information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections or Department of Human Services
24    Division of Mental Health if those materials are available
25    through an administrative request to the Department of
26    Corrections or Department of Human Services Division of

 

 

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1    Mental Health.
2        (e-8) Records requested by a person committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail, the
5    disclosure of which would result in the risk of harm to any
6    person or the risk of an escape from a jail or correctional
7    institution or facility.
8        (e-9) Records requested by a person in a county jail
9    or committed to the Department of Corrections or
10    Department of Human Services Division of Mental Health,
11    containing personal information pertaining to the person's
12    victim or the victim's family, including, but not limited
13    to, a victim's home address, home telephone number, work
14    or school address, work telephone number, social security
15    number, or any other identifying information, except as
16    may be relevant to a requester's current or potential case
17    or claim.
18        (e-10) Law enforcement records of other persons
19    requested by a person committed to the Department of
20    Corrections, Department of Human Services Division of
21    Mental Health, or a county jail, including, but not
22    limited to, arrest and booking records, mug shots, and
23    crime scene photographs, except as these records may be
24    relevant to the requester's current or potential case or
25    claim.
26        (f) Preliminary drafts, notes, recommendations,

 

 

HB5733- 21 -LRB104 21238 BDA 35851 b

1    memoranda, and other records in which opinions are
2    expressed, or policies or actions are formulated, except
3    that a specific record or relevant portion of a record
4    shall not be exempt when the record is publicly cited and
5    identified by the head of the public body. The exemption
6    provided in this paragraph (f) extends to all those
7    records of officers and agencies of the General Assembly
8    that pertain to the preparation of legislative documents.
9        (g) Trade secrets and commercial or financial
10    information obtained from a person or business where the
11    trade secrets or commercial or financial information are
12    furnished under a claim that they are proprietary,
13    privileged, or confidential, and that disclosure of the
14    trade secrets or commercial or financial information would
15    cause competitive harm to the person or business, and only
16    insofar as the claim directly applies to the records
17    requested.
18        The information included under this exemption includes
19    all trade secrets and commercial or financial information
20    obtained by a public body, including a public pension
21    fund, from a private equity fund or a privately held
22    company within the investment portfolio of a private
23    equity fund as a result of either investing or evaluating
24    a potential investment of public funds in a private equity
25    fund. The exemption contained in this item does not apply
26    to the aggregate financial performance information of a

 

 

HB5733- 22 -LRB104 21238 BDA 35851 b

1    private equity fund, nor to the identity of the fund's
2    managers or general partners. The exemption contained in
3    this item does not apply to the identity of a privately
4    held company within the investment portfolio of a private
5    equity fund, unless the disclosure of the identity of a
6    privately held company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings, and research data obtained or produced
20    by any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by
24    news media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate

 

 

HB5733- 23 -LRB104 21238 BDA 35851 b

1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys, and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including, but not limited to, power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,

 

 

HB5733- 24 -LRB104 21238 BDA 35851 b

1    and all government owned, operated, or occupied buildings,
2    but only to the extent that disclosure would compromise
3    security.
4        (l) Minutes of meetings of public bodies closed to the
5    public as provided in the Open Meetings Act until the
6    public body makes the minutes available to the public
7    under Section 2.06 of the Open Meetings Act.
8        (m) Communications between a public body and an
9    attorney or auditor representing the public body that
10    would not be subject to discovery in litigation, and
11    materials prepared or compiled by or for a public body in
12    anticipation of a criminal, civil, or administrative
13    proceeding upon the request of an attorney advising the
14    public body, and materials prepared or compiled with
15    respect to internal audits of public bodies.
16        (n) Records relating to a public body's adjudication
17    of employee grievances or disciplinary cases; however,
18    this exemption shall not extend to the final outcome of
19    cases in which discipline is imposed.
20        (o) Administrative or technical information associated
21    with automated data processing operations, including, but
22    not limited to, software, operating protocols, computer
23    program abstracts, file layouts, source listings, object
24    modules, load modules, user guides, documentation
25    pertaining to all logical and physical design of
26    computerized systems, employee manuals, and any other

 

 

HB5733- 25 -LRB104 21238 BDA 35851 b

1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement shall be subject to inspection and copying.
8        (q) Test questions, scoring keys, and other
9    examination data used to determine the qualifications of
10    an applicant for a license or employment.
11        (r) The records, documents, and information relating
12    to real estate purchase negotiations until those
13    negotiations have been completed or otherwise terminated.
14    With regard to a parcel involved in a pending or actually
15    and reasonably contemplated eminent domain proceeding
16    under the Eminent Domain Act, records, documents, and
17    information relating to that parcel shall be exempt except
18    as may be allowed under discovery rules adopted by the
19    Illinois Supreme Court. The records, documents, and
20    information relating to a real estate sale shall be exempt
21    until a sale is consummated.
22        (s) Any and all proprietary information and records
23    related to the operation of an intergovernmental risk
24    management association or self-insurance pool or jointly
25    self-administered health and accident cooperative or pool.
26    Insurance or self-insurance (including any

 

 

HB5733- 26 -LRB104 21238 BDA 35851 b

1    intergovernmental risk management association or
2    self-insurance pool) claims, loss or risk management
3    information, records, data, advice, or communications.
4        (t) Information contained in or related to
5    examination, operating, or condition reports prepared by,
6    on behalf of, or for the use of a public body responsible
7    for the regulation or supervision of financial
8    institutions, insurance companies, or pharmacy benefit
9    managers, unless disclosure is otherwise required by State
10    law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to
14    be used to create electronic signatures under the Uniform
15    Electronic Transactions Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a
19    community's population or systems, facilities, or
20    installations, but only to the extent that disclosure
21    could reasonably be expected to expose the vulnerability
22    or jeopardize the effectiveness of the measures, policies,
23    or plans, or the safety of the personnel who implement
24    them or the public. Information exempt under this item may
25    include such things as details pertaining to the
26    mobilization or deployment of personnel or equipment, to

 

 

HB5733- 27 -LRB104 21238 BDA 35851 b

1    the operation of communication systems or protocols, to
2    cybersecurity vulnerabilities, or to tactical operations.
3        (w) (Blank).
4        (x) Maps and other records regarding the location or
5    security of generation, transmission, distribution,
6    storage, gathering, treatment, or switching facilities
7    owned by a utility, by a power generator, or by the
8    Illinois Power Agency.
9        (y) Information contained in or related to proposals,
10    bids, or negotiations related to electric power
11    procurement under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-111.5 of the Public Utilities
13    Act that is determined to be confidential and proprietary
14    by the Illinois Power Agency or by the Illinois Commerce
15    Commission.
16        (z) Information about students exempted from
17    disclosure under Section 10-20.38 or 34-18.29 of the
18    School Code, and information about undergraduate students
19    enrolled at an institution of higher education exempted
20    from disclosure under Section 25 of the Illinois Credit
21    Card Marketing Act of 2009.
22        (aa) Information the disclosure of which is exempted
23    under the Viatical Settlements Act of 2009.
24        (bb) Records and information provided to a mortality
25    review team and records maintained by a mortality review
26    team appointed under the Department of Juvenile Justice

 

 

HB5733- 28 -LRB104 21238 BDA 35851 b

1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of
24    2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force

 

 

HB5733- 29 -LRB104 21238 BDA 35851 b

1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to
6    the Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request
12    to the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) Records concerning the work of the threat
23    assessment team of a school district, including, but not
24    limited to, any threat assessment procedure under the
25    School Safety Drill Act and any information contained in
26    the procedure.

 

 

HB5733- 30 -LRB104 21238 BDA 35851 b

1        (mm) Information prohibited from being disclosed under
2    subsections (a) and (b) of Section 15 of the Student
3    Confidential Reporting Act.
4        (nn) Proprietary information submitted to the
5    Environmental Protection Agency under the Drug Take-Back
6    Act.
7        (oo) Records described in subsection (f) of Section
8    3-5-1 of the Unified Code of Corrections.
9        (pp) Any and all information regarding burials,
10    interments, or entombments of human remains as required to
11    be reported to the Department of Natural Resources
12    pursuant either to the Archaeological and Paleontological
13    Resources Protection Act or the Human Remains Protection
14    Act.
15        (qq) Reports described in subsection (e) of Section
16    16-15 of the Abortion Care Clinical Training Program Act.
17        (rr) Information obtained by a certified local health
18    department under the Access to Public Health Data Act.
19        (ss) For a request directed to a public body that is
20    also a HIPAA-covered entity, all information that is
21    protected health information, including demographic
22    information, that may be contained within or extracted
23    from any record held by the public body in compliance with
24    State and federal medical privacy laws and regulations,
25    including, but not limited to, the Health Insurance
26    Portability and Accountability Act and its regulations, 45

 

 

HB5733- 31 -LRB104 21238 BDA 35851 b

1    CFR Parts 160 and 164. As used in this paragraph,
2    "HIPAA-covered entity" has the meaning given to the term
3    "covered entity" in 45 CFR 160.103 and "protected health
4    information" has the meaning given to that term in 45 CFR
5    160.103.
6        (tt) Proposals or bids submitted by engineering
7    consultants in response to requests for proposal or other
8    competitive bidding requests by the Department of
9    Transportation or the Illinois Toll Highway Authority.
10        (uu) Documents that, pursuant to the State of
11    Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
12    Commission and the corresponding requirement to maintain
13    compatibility with the National Materials Program, have
14    been determined to be security sensitive. These documents
15    include information classified as safeguards,
16    safeguards-modified, and sensitive unclassified
17    nonsafeguards information, as identified in U.S. Nuclear
18    Regulatory Commission regulatory information summaries,
19    security advisories, and other applicable communications
20    or regulations related to the control and distribution of
21    security sensitive information.
22        (vv) Records concerning the work of the threat
23    assessment team of a law enforcement agency, including,
24    but not limited to, any threat assessment procedure, any
25    information contained in the threat assessment procedure,
26    and any findings or recommendations.

 

 

HB5733- 32 -LRB104 21238 BDA 35851 b

1    (1.5) Any information exempt from disclosure under the
2Judicial Privacy Act shall be redacted from public records
3prior to disclosure under this Act.
4    (1.6) Any information exempt from disclosure under the
5Public Official Safety and Privacy Act shall be redacted from
6public records prior to disclosure under this Act.
7    (1.7) Any information exempt from disclosure under
8paragraph (3.5) of Section 9-15 of the Election Code shall be
9redacted from public records prior to disclosure under this
10Act.
11    (2) A public record that is not in the possession of a
12public body but is in the possession of a party with whom the
13agency has contracted to perform a governmental function on
14behalf of the public body, and that directly relates to the
15governmental function and is not otherwise exempt under this
16Act, shall be considered a public record of the public body,
17for purposes of this Act.
18    (3) This Section does not authorize withholding of
19information or limit the availability of records to the
20public, except as stated in this Section or otherwise provided
21in this Act.
22(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
23103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
241-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
25eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26;
26revised 1-7-26.)
 

 

 

HB5733- 33 -LRB104 21238 BDA 35851 b

1    (Text of Section after amendment by P.A. 104-300)
2    Sec. 7. Exemptions.
3    (1) When a request is made to inspect or copy a public
4record that contains information that is exempt from
5disclosure under this Section, but also contains information
6that is not exempt from disclosure, the public body may elect
7to redact the information that is exempt. The public body
8shall make the remaining information available for inspection
9and copying. Subject to this requirement, the following shall
10be exempt from inspection and copying:
11        (a) Records created or compiled by a State public
12    defender agency or commission subject to the State Public
13    Defender Act that contain: individual client identity;
14    individual case file information; individual investigation
15    records and other records that are otherwise subject to
16    attorney-client privilege; records that would not be
17    discoverable in litigation; records under Section 2.15;
18    training materials; records related to attorney
19    consultation and representation strategy; or any of the
20    above concerning clients of county public defenders or
21    other defender agencies and firms. This exclusion does not
22    apply to deidentified, aggregated, administrative records,
23    such as general case processing and workload information.
24        (a-5) Information specifically prohibited from
25    disclosure by federal or State law or rules and

 

 

HB5733- 34 -LRB104 21238 BDA 35851 b

1    regulations implementing federal or State law.
2        (b) Private information, unless disclosure is required
3    by another provision of this Act, a State or federal law,
4    or a court order.
5        (b-5) Files, documents, and other data or databases
6    maintained by one or more law enforcement agencies and
7    specifically designed to provide information to one or
8    more law enforcement agencies regarding the physical or
9    mental status of one or more individual subjects.
10        (c) Personal information contained within public
11    records, the disclosure of which would constitute a
12    clearly unwarranted invasion of personal privacy, unless
13    the disclosure is consented to in writing by the
14    individual subjects of the information. "Unwarranted
15    invasion of personal privacy" means the disclosure of
16    information that is highly personal or objectionable to a
17    reasonable person and in which the subject's right to
18    privacy outweighs any legitimate public interest in
19    obtaining the information. The disclosure of information
20    that bears on the public duties of public employees and
21    officials shall not be considered an invasion of personal
22    privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the

 

 

HB5733- 35 -LRB104 21238 BDA 35851 b

1    extent that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic crashes, traffic crash reports,
19        and rescue reports shall be provided by agencies of
20        local government, except when disclosure would
21        interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known
26        or disclose internal documents of correctional

 

 

HB5733- 36 -LRB104 21238 BDA 35851 b

1        agencies related to detection, observation, or
2        investigation of incidents of crime or misconduct, and
3        disclosure would result in demonstrable harm to the
4        agency or public body that is the recipient of the
5        request;
6            (vi) endanger the life or physical safety of law
7        enforcement personnel or any other person; or
8            (vii) obstruct an ongoing criminal investigation
9        by the agency that is the recipient of the request.
10        (d-5) A law enforcement record created for law
11    enforcement purposes and contained in a shared electronic
12    record management system if the law enforcement agency or
13    criminal justice agency that is the recipient of the
14    request did not create the record, did not participate in
15    or have a role in any of the events which are the subject
16    of the record, and only has access to the record through
17    the shared electronic record management system. As used in
18    this subsection (d-5), "criminal justice agency" means the
19    Illinois Criminal Justice Information Authority or the
20    Illinois Sentencing Policy Advisory Council.
21        (d-6) Records contained in the Officer Professional
22    Conduct Database under Section 9.2 of the Illinois Police
23    Training Act, except to the extent authorized under that
24    Section. This includes the documents supplied to the
25    Illinois Law Enforcement Training Standards Board from the
26    Illinois State Police and Illinois State Police Merit

 

 

HB5733- 37 -LRB104 21238 BDA 35851 b

1    Board.
2        (d-7) Information gathered or records created from the
3    use of automatic license plate readers in connection with
4    Section 2-130 of the Illinois Vehicle Code.
5        (d-8) Records containing law enforcement in-car camera
6    and officer-worn body camera video and audio recordings
7    that a public body received from another public body.
8        (e) Records that relate to or affect the security of
9    correctional institutions and detention facilities.
10        (e-5) Records requested by persons committed to the
11    Department of Corrections, Department of Human Services
12    Division of Mental Health, or a county jail if those
13    materials are available in the library of the correctional
14    institution or facility or jail where the inmate is
15    confined.
16        (e-6) Records requested by persons committed to the
17    Department of Corrections, Department of Human Services
18    Division of Mental Health, or a county jail if those
19    materials include records from staff members' personnel
20    files, staff rosters, or other staffing assignment
21    information.
22        (e-7) Records requested by persons committed to the
23    Department of Corrections or Department of Human Services
24    Division of Mental Health if those materials are available
25    through an administrative request to the Department of
26    Corrections or Department of Human Services Division of

 

 

HB5733- 38 -LRB104 21238 BDA 35851 b

1    Mental Health.
2        (e-8) Records requested by a person committed to the
3    Department of Corrections, Department of Human Services
4    Division of Mental Health, or a county jail, the
5    disclosure of which would result in the risk of harm to any
6    person or the risk of an escape from a jail or correctional
7    institution or facility.
8        (e-9) Records requested by a person in a county jail
9    or committed to the Department of Corrections or
10    Department of Human Services Division of Mental Health,
11    containing personal information pertaining to the person's
12    victim or the victim's family, including, but not limited
13    to, a victim's home address, home telephone number, work
14    or school address, work telephone number, social security
15    number, or any other identifying information, except as
16    may be relevant to a requester's current or potential case
17    or claim.
18        (e-10) Law enforcement records of other persons
19    requested by a person committed to the Department of
20    Corrections, Department of Human Services Division of
21    Mental Health, or a county jail, including, but not
22    limited to, arrest and booking records, mug shots, and
23    crime scene photographs, except as these records may be
24    relevant to the requester's current or potential case or
25    claim.
26        (f) Preliminary drafts, notes, recommendations,

 

 

HB5733- 39 -LRB104 21238 BDA 35851 b

1    memoranda, and other records in which opinions are
2    expressed, or policies or actions are formulated, except
3    that a specific record or relevant portion of a record
4    shall not be exempt when the record is publicly cited and
5    identified by the head of the public body. The exemption
6    provided in this paragraph (f) extends to all those
7    records of officers and agencies of the General Assembly
8    that pertain to the preparation of legislative documents.
9        (g) Trade secrets and commercial or financial
10    information obtained from a person or business where the
11    trade secrets or commercial or financial information are
12    furnished under a claim that they are proprietary,
13    privileged, or confidential, and that disclosure of the
14    trade secrets or commercial or financial information would
15    cause competitive harm to the person or business, and only
16    insofar as the claim directly applies to the records
17    requested.
18        The information included under this exemption includes
19    all trade secrets and commercial or financial information
20    obtained by a public body, including a public pension
21    fund, from a private equity fund or a privately held
22    company within the investment portfolio of a private
23    equity fund as a result of either investing or evaluating
24    a potential investment of public funds in a private equity
25    fund. The exemption contained in this item does not apply
26    to the aggregate financial performance information of a

 

 

HB5733- 40 -LRB104 21238 BDA 35851 b

1    private equity fund, nor to the identity of the fund's
2    managers or general partners. The exemption contained in
3    this item does not apply to the identity of a privately
4    held company within the investment portfolio of a private
5    equity fund, unless the disclosure of the identity of a
6    privately held company may cause competitive harm.
7        Nothing contained in this paragraph (g) shall be
8    construed to prevent a person or business from consenting
9    to disclosure.
10        (h) Proposals and bids for any contract, grant, or
11    agreement, including information which if it were
12    disclosed would frustrate procurement or give an advantage
13    to any person proposing to enter into a contractor
14    agreement with the body, until an award or final selection
15    is made. Information prepared by or for the body in
16    preparation of a bid solicitation shall be exempt until an
17    award or final selection is made.
18        (i) Valuable formulae, computer geographic systems,
19    designs, drawings, and research data obtained or produced
20    by any public body when disclosure could reasonably be
21    expected to produce private gain or public loss. The
22    exemption for "computer geographic systems" provided in
23    this paragraph (i) does not extend to requests made by
24    news media as defined in Section 2 of this Act when the
25    requested information is not otherwise exempt and the only
26    purpose of the request is to access and disseminate

 

 

HB5733- 41 -LRB104 21238 BDA 35851 b

1    information regarding the health, safety, welfare, or
2    legal rights of the general public.
3        (j) The following information pertaining to
4    educational matters:
5            (i) test questions, scoring keys, and other
6        examination data used to administer an academic
7        examination;
8            (ii) information received by a primary or
9        secondary school, college, or university under its
10        procedures for the evaluation of faculty members by
11        their academic peers;
12            (iii) information concerning a school or
13        university's adjudication of student disciplinary
14        cases, but only to the extent that disclosure would
15        unavoidably reveal the identity of the student; and
16            (iv) course materials or research materials used
17        by faculty members.
18        (k) Architects' plans, engineers' technical
19    submissions, and other construction related technical
20    documents for projects not constructed or developed in
21    whole or in part with public funds and the same for
22    projects constructed or developed with public funds,
23    including, but not limited to, power generating and
24    distribution stations and other transmission and
25    distribution facilities, water treatment facilities,
26    airport facilities, sport stadiums, convention centers,

 

 

HB5733- 42 -LRB104 21238 BDA 35851 b

1    and all government owned, operated, or occupied buildings,
2    but only to the extent that disclosure would compromise
3    security.
4        (l) Minutes of meetings of public bodies closed to the
5    public as provided in the Open Meetings Act until the
6    public body makes the minutes available to the public
7    under Section 2.06 of the Open Meetings Act.
8        (m) Communications between a public body and an
9    attorney or auditor representing the public body that
10    would not be subject to discovery in litigation, and
11    materials prepared or compiled by or for a public body in
12    anticipation of a criminal, civil, or administrative
13    proceeding upon the request of an attorney advising the
14    public body, and materials prepared or compiled with
15    respect to internal audits of public bodies.
16        (n) Records relating to a public body's adjudication
17    of employee grievances or disciplinary cases; however,
18    this exemption shall not extend to the final outcome of
19    cases in which discipline is imposed.
20        (o) Administrative or technical information associated
21    with automated data processing operations, including, but
22    not limited to, software, operating protocols, computer
23    program abstracts, file layouts, source listings, object
24    modules, load modules, user guides, documentation
25    pertaining to all logical and physical design of
26    computerized systems, employee manuals, and any other

 

 

HB5733- 43 -LRB104 21238 BDA 35851 b

1    information that, if disclosed, would jeopardize the
2    security of the system or its data or the security of
3    materials exempt under this Section.
4        (p) Records relating to collective negotiating matters
5    between public bodies and their employees or
6    representatives, except that any final contract or
7    agreement shall be subject to inspection and copying.
8        (q) Test questions, scoring keys, and other
9    examination data used to determine the qualifications of
10    an applicant for a license or employment.
11        (r) The records, documents, and information relating
12    to real estate purchase negotiations until those
13    negotiations have been completed or otherwise terminated.
14    With regard to a parcel involved in a pending or actually
15    and reasonably contemplated eminent domain proceeding
16    under the Eminent Domain Act, records, documents, and
17    information relating to that parcel shall be exempt except
18    as may be allowed under discovery rules adopted by the
19    Illinois Supreme Court. The records, documents, and
20    information relating to a real estate sale shall be exempt
21    until a sale is consummated.
22        (s) Any and all proprietary information and records
23    related to the operation of an intergovernmental risk
24    management association or self-insurance pool or jointly
25    self-administered health and accident cooperative or pool.
26    Insurance or self-insurance (including any

 

 

HB5733- 44 -LRB104 21238 BDA 35851 b

1    intergovernmental risk management association or
2    self-insurance pool) claims, loss or risk management
3    information, records, data, advice, or communications.
4        (t) Information contained in or related to
5    examination, operating, or condition reports prepared by,
6    on behalf of, or for the use of a public body responsible
7    for the regulation or supervision of financial
8    institutions, insurance companies, or pharmacy benefit
9    managers, unless disclosure is otherwise required by State
10    law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to
14    be used to create electronic signatures under the Uniform
15    Electronic Transactions Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a
19    community's population or systems, facilities, or
20    installations, but only to the extent that disclosure
21    could reasonably be expected to expose the vulnerability
22    or jeopardize the effectiveness of the measures, policies,
23    or plans, or the safety of the personnel who implement
24    them or the public. Information exempt under this item may
25    include such things as details pertaining to the
26    mobilization or deployment of personnel or equipment, to

 

 

HB5733- 45 -LRB104 21238 BDA 35851 b

1    the operation of communication systems or protocols, to
2    cybersecurity vulnerabilities, or to tactical operations.
3        (w) (Blank).
4        (x) Maps and other records regarding the location or
5    security of generation, transmission, distribution,
6    storage, gathering, treatment, or switching facilities
7    owned by a utility, by a power generator, or by the
8    Illinois Power Agency.
9        (y) Information contained in or related to proposals,
10    bids, or negotiations related to electric power
11    procurement under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-111.5 of the Public Utilities
13    Act that is determined to be confidential and proprietary
14    by the Illinois Power Agency or by the Illinois Commerce
15    Commission.
16        (z) Information about students exempted from
17    disclosure under Section 10-20.38 or 34-18.29 of the
18    School Code, and information about undergraduate students
19    enrolled at an institution of higher education exempted
20    from disclosure under Section 25 of the Illinois Credit
21    Card Marketing Act of 2009.
22        (aa) Information the disclosure of which is exempted
23    under the Viatical Settlements Act of 2009.
24        (bb) Records and information provided to a mortality
25    review team and records maintained by a mortality review
26    team appointed under the Department of Juvenile Justice

 

 

HB5733- 46 -LRB104 21238 BDA 35851 b

1    Mortality Review Team Act.
2        (cc) Information regarding interments, entombments, or
3    inurnments of human remains that are submitted to the
4    Cemetery Oversight Database under the Cemetery Care Act or
5    the Cemetery Oversight Act, whichever is applicable.
6        (dd) Correspondence and records (i) that may not be
7    disclosed under Section 11-9 of the Illinois Public Aid
8    Code or (ii) that pertain to appeals under Section 11-8 of
9    the Illinois Public Aid Code.
10        (ee) The names, addresses, or other personal
11    information of persons who are minors and are also
12    participants and registrants in programs of park
13    districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations.
16        (ff) The names, addresses, or other personal
17    information of participants and registrants in programs of
18    park districts, forest preserve districts, conservation
19    districts, recreation agencies, and special recreation
20    associations where such programs are targeted primarily to
21    minors.
22        (gg) Confidential information described in Section
23    1-100 of the Illinois Independent Tax Tribunal Act of
24    2012.
25        (hh) The report submitted to the State Board of
26    Education by the School Security and Standards Task Force

 

 

HB5733- 47 -LRB104 21238 BDA 35851 b

1    under item (8) of subsection (d) of Section 2-3.160 of the
2    School Code and any information contained in that report.
3        (ii) Records requested by persons committed to or
4    detained by the Department of Human Services under the
5    Sexually Violent Persons Commitment Act or committed to
6    the Department of Corrections under the Sexually Dangerous
7    Persons Act if those materials: (i) are available in the
8    library of the facility where the individual is confined;
9    (ii) include records from staff members' personnel files,
10    staff rosters, or other staffing assignment information;
11    or (iii) are available through an administrative request
12    to the Department of Human Services or the Department of
13    Corrections.
14        (jj) Confidential information described in Section
15    5-535 of the Civil Administrative Code of Illinois.
16        (kk) The public body's credit card numbers, debit card
17    numbers, bank account numbers, Federal Employer
18    Identification Number, security code numbers, passwords,
19    and similar account information, the disclosure of which
20    could result in identity theft or impression or defrauding
21    of a governmental entity or a person.
22        (ll) Records concerning the work of the threat
23    assessment team of a school district, including, but not
24    limited to, any threat assessment procedure under the
25    School Safety Drill Act and any information contained in
26    the procedure.

 

 

HB5733- 48 -LRB104 21238 BDA 35851 b

1        (mm) Information prohibited from being disclosed under
2    subsections (a) and (b) of Section 15 of the Student
3    Confidential Reporting Act.
4        (nn) Proprietary information submitted to the
5    Environmental Protection Agency under the Drug Take-Back
6    Act.
7        (oo) Records described in subsection (f) of Section
8    3-5-1 of the Unified Code of Corrections.
9        (pp) Any and all information regarding burials,
10    interments, or entombments of human remains as required to
11    be reported to the Department of Natural Resources
12    pursuant either to the Archaeological and Paleontological
13    Resources Protection Act or the Human Remains Protection
14    Act.
15        (qq) Reports described in subsection (e) of Section
16    16-15 of the Abortion Care Clinical Training Program Act.
17        (rr) Information obtained by a certified local health
18    department under the Access to Public Health Data Act.
19        (ss) For a request directed to a public body that is
20    also a HIPAA-covered entity, all information that is
21    protected health information, including demographic
22    information, that may be contained within or extracted
23    from any record held by the public body in compliance with
24    State and federal medical privacy laws and regulations,
25    including, but not limited to, the Health Insurance
26    Portability and Accountability Act and its regulations, 45

 

 

HB5733- 49 -LRB104 21238 BDA 35851 b

1    CFR Parts 160 and 164. As used in this paragraph,
2    "HIPAA-covered entity" has the meaning given to the term
3    "covered entity" in 45 CFR 160.103 and "protected health
4    information" has the meaning given to that term in 45 CFR
5    160.103.
6        (tt) Proposals or bids submitted by engineering
7    consultants in response to requests for proposal or other
8    competitive bidding requests by the Department of
9    Transportation or the Illinois Toll Highway Authority.
10        (uu) Documents that, pursuant to the State of
11    Illinois' 1987 Agreement with the U.S. Nuclear Regulatory
12    Commission and the corresponding requirement to maintain
13    compatibility with the National Materials Program, have
14    been determined to be security sensitive. These documents
15    include information classified as safeguards,
16    safeguards-modified, and sensitive unclassified
17    nonsafeguards information, as identified in U.S. Nuclear
18    Regulatory Commission regulatory information summaries,
19    security advisories, and other applicable communications
20    or regulations related to the control and distribution of
21    security sensitive information.
22        (vv) Records concerning the work of the threat
23    assessment team of a law enforcement agency, including,
24    but not limited to, any threat assessment procedure, any
25    information contained in the threat assessment procedure,
26    and any findings or recommendations.

 

 

HB5733- 50 -LRB104 21238 BDA 35851 b

1    (1.5) Any information exempt from disclosure under the
2Judicial Privacy Act shall be redacted from public records
3prior to disclosure under this Act.
4    (1.6) Any information exempt from disclosure under the
5Public Official Safety and Privacy Act shall be redacted from
6public records prior to disclosure under this Act.
7    (1.7) Any information exempt from disclosure under
8paragraph (3.5) of Section 9-15 of the Election Code shall be
9redacted from public records prior to disclosure under this
10Act.
11    (2) A public record that is not in the possession of a
12public body but is in the possession of a party with whom the
13agency has contracted to perform a governmental function on
14behalf of the public body, and that directly relates to the
15governmental function and is not otherwise exempt under this
16Act, shall be considered a public record of the public body,
17for purposes of this Act.
18    (3) This Section does not authorize withholding of
19information or limit the availability of records to the
20public, except as stated in this Section or otherwise provided
21in this Act.
22(Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;
23103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.
241-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,
25eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;
26104-443, eff. 1-1-26; revised 1-7-26.)
 

 

 

HB5733- 51 -LRB104 21238 BDA 35851 b

1    (5 ILCS 140/7.5)
2    (Text of Section before amendment by P.A. 104-441 and
3104-457)
4    Sec. 7.5. Statutory exemptions. To the extent provided for
5by the statutes referenced below, the following shall be
6exempt from inspection and copying:
7        (a) All information determined to be confidential
8    under Section 4002 of the Technology Advancement and
9    Development Act.
10        (b) Library circulation and order records identifying
11    library users with specific materials under the Library
12    Records Confidentiality Act.
13        (c) Applications, related documents, and medical
14    records received by the Experimental Organ Transplantation
15    Procedures Board and any and all documents or other
16    records prepared by the Experimental Organ Transplantation
17    Procedures Board or its staff relating to applications it
18    has received.
19        (d) Information and records held by the Department of
20    Public Health and its authorized representatives relating
21    to known or suspected cases of sexually transmitted
22    infection or any information the disclosure of which is
23    restricted under the Illinois Sexually Transmitted
24    Infection Control Act.
25        (e) Information the disclosure of which is exempted

 

 

HB5733- 52 -LRB104 21238 BDA 35851 b

1    under Section 30 of the Radon Industry Licensing Act.
2        (f) Firm performance evaluations under Section 55 of
3    the Architectural, Engineering, and Land Surveying
4    Qualifications Based Selection Act.
5        (g) Information the disclosure of which is restricted
6    and exempted under Section 50 of the Illinois Prepaid
7    Tuition Act.
8        (h) Information the disclosure of which is exempted
9    under the State Officials and Employees Ethics Act, and
10    records of any lawfully created State or local inspector
11    general's office that would be exempt if created or
12    obtained by an Executive Inspector General's office under
13    that Act.
14        (i) Information contained in a local emergency energy
15    plan submitted to a municipality in accordance with a
16    local emergency energy plan ordinance that is adopted
17    under Section 11-21.5-5 of the Illinois Municipal Code.
18        (j) Information and data concerning the distribution
19    of surcharge moneys collected and remitted by carriers
20    under the Emergency Telephone System Act.
21        (k) Law enforcement officer identification information
22    or driver identification information compiled by a law
23    enforcement agency or the Department of Transportation
24    under Section 11-212 of the Illinois Vehicle Code.
25        (l) Records and information provided to a residential
26    health care facility resident sexual assault and death

 

 

HB5733- 53 -LRB104 21238 BDA 35851 b

1    review team or the Executive Council under the Abuse
2    Prevention Review Team Act.
3        (m) Information provided to the predatory lending
4    database created pursuant to Article 3 of the Residential
5    Real Property Disclosure Act, except to the extent
6    authorized under that Article.
7        (n) Defense budgets and petitions for certification of
8    compensation and expenses for court appointed trial
9    counsel as provided under Sections 10 and 15 of the
10    Capital Crimes Litigation Act (repealed). This subsection
11    (n) shall apply until the conclusion of the trial of the
12    case, even if the prosecution chooses not to pursue the
13    death penalty prior to trial or sentencing.
14        (o) Information that is prohibited from being
15    disclosed under Section 4 of the Illinois Health and
16    Hazardous Substances Registry Act.
17        (p) Security portions of system safety program plans,
18    investigation reports, surveys, schedules, lists, data, or
19    information compiled, collected, or prepared by or for the
20    Department of Transportation under Sections 2705-300 and
21    2705-616 of the Department of Transportation Law of the
22    Civil Administrative Code of Illinois, the Regional
23    Transportation Authority under Section 2.11 of the
24    Regional Transportation Authority Act, or the St. Clair
25    County Transit District under the Bi-State Transit Safety
26    Act (repealed).

 

 

HB5733- 54 -LRB104 21238 BDA 35851 b

1        (q) Information prohibited from being disclosed by the
2    Personnel Record Review Act.
3        (r) Information prohibited from being disclosed by the
4    Illinois School Student Records Act.
5        (s) Information the disclosure of which is restricted
6    under Section 5-108 of the Public Utilities Act.
7        (t) (Blank).
8        (u) Records and information provided to an independent
9    team of experts under the Developmental Disability and
10    Mental Health Safety Act (also known as Brian's Law).
11        (v) Names and information of people who have applied
12    for or received Firearm Owner's Identification Cards under
13    the Firearm Owners Identification Card Act or applied for
14    or received a concealed carry license under the Firearm
15    Concealed Carry Act, unless otherwise authorized by the
16    Firearm Concealed Carry Act; and databases under the
17    Firearm Concealed Carry Act, records of the Concealed
18    Carry Licensing Review Board under the Firearm Concealed
19    Carry Act, and law enforcement agency objections under the
20    Firearm Concealed Carry Act.
21        (v-5) Records of the Firearm Owner's Identification
22    Card Review Board that are exempted from disclosure under
23    Section 10 of the Firearm Owners Identification Card Act.
24        (w) Personally identifiable information which is
25    exempted from disclosure under subsection (g) of Section
26    19.1 of the Toll Highway Act.

 

 

HB5733- 55 -LRB104 21238 BDA 35851 b

1        (x) Information which is exempted from disclosure
2    under Section 5-1014.3 of the Counties Code or Section
3    8-11-21 of the Illinois Municipal Code.
4        (y) Confidential information under the Adult
5    Protective Services Act and its predecessor enabling
6    statute, the Elder Abuse and Neglect Act, including
7    information about the identity and administrative finding
8    against any caregiver of a verified and substantiated
9    decision of abuse, neglect, or financial exploitation of
10    an eligible adult maintained in the Registry established
11    under Section 7.5 of the Adult Protective Services Act.
12        (z) Records and information provided to a fatality
13    review team or the Illinois Fatality Review Team Advisory
14    Council under Section 15 of the Adult Protective Services
15    Act.
16        (aa) Information which is exempted from disclosure
17    under Section 2.37 of the Wildlife Code.
18        (bb) Information which is or was prohibited from
19    disclosure by the Juvenile Court Act of 1987.
20        (cc) Recordings made under the Law Enforcement
21    Officer-Worn Body Camera Act, except to the extent
22    authorized under that Act.
23        (dd) Information that is prohibited from being
24    disclosed under Section 45 of the Condominium and Common
25    Interest Community Ombudsperson Act.
26        (ee) Information that is exempted from disclosure

 

 

HB5733- 56 -LRB104 21238 BDA 35851 b

1    under Section 30.1 of the Pharmacy Practice Act.
2        (ff) Information that is exempted from disclosure
3    under the Revised Uniform Unclaimed Property Act.
4        (gg) Information that is prohibited from being
5    disclosed under Section 7-603.5 of the Illinois Vehicle
6    Code.
7        (hh) Records that are exempt from disclosure under
8    Section 1A-16.7 of the Election Code.
9        (ii) Information which is exempted from disclosure
10    under Section 2505-800 of the Department of Revenue Law of
11    the Civil Administrative Code of Illinois.
12        (jj) Information and reports that are required to be
13    submitted to the Department of Labor by registering day
14    and temporary labor service agencies but are exempt from
15    disclosure under subsection (a-1) of Section 45 of the Day
16    and Temporary Labor Services Act.
17        (kk) Information prohibited from disclosure under the
18    Seizure and Forfeiture Reporting Act.
19        (ll) Information the disclosure of which is restricted
20    and exempted under Section 5-30.8 of the Illinois Public
21    Aid Code.
22        (mm) Records that are exempt from disclosure under
23    Section 4.2 of the Crime Victims Compensation Act.
24        (nn) Information that is exempt from disclosure under
25    Section 70 of the Higher Education Student Assistance Act.
26        (oo) Communications, notes, records, and reports

 

 

HB5733- 57 -LRB104 21238 BDA 35851 b

1    arising out of a peer support counseling session
2    prohibited from disclosure under the First Responders
3    Suicide Prevention Act.
4        (pp) Names and all identifying information relating to
5    an employee of an emergency services provider or law
6    enforcement agency under the First Responders Suicide
7    Prevention Act.
8        (qq) Information and records held by the Department of
9    Public Health and its authorized representatives collected
10    under the Reproductive Health Act.
11        (rr) Information that is exempt from disclosure under
12    the Cannabis Regulation and Tax Act.
13        (ss) Data reported by an employer to the Department of
14    Human Rights pursuant to Section 2-108 of the Illinois
15    Human Rights Act.
16        (tt) Recordings made under the Children's Advocacy
17    Center Act, except to the extent authorized under that
18    Act.
19        (uu) Information that is exempt from disclosure under
20    Section 50 of the Sexual Assault Evidence Submission Act.
21        (vv) Information that is exempt from disclosure under
22    subsections (f) and (j) of Section 5-36 of the Illinois
23    Public Aid Code.
24        (ww) Information that is exempt from disclosure under
25    Section 16.8 of the State Treasurer Act.
26        (xx) Information that is exempt from disclosure or

 

 

HB5733- 58 -LRB104 21238 BDA 35851 b

1    information that shall not be made public under the
2    Illinois Insurance Code.
3        (yy) Information prohibited from being disclosed under
4    the Illinois Educational Labor Relations Act.
5        (zz) Information prohibited from being disclosed under
6    the Illinois Public Labor Relations Act.
7        (aaa) Information prohibited from being disclosed
8    under Section 1-167 of the Illinois Pension Code.
9        (bbb) Information that is prohibited from disclosure
10    by the Illinois Police Training Act and the Illinois State
11    Police Act.
12        (ccc) Records exempt from disclosure under Section
13    2605-304 of the Illinois State Police Law of the Civil
14    Administrative Code of Illinois.
15        (ddd) Information prohibited from being disclosed
16    under Section 35 of the Address Confidentiality for
17    Victims of Domestic Violence, Sexual Assault, Human
18    Trafficking, or Stalking Act.
19        (eee) Information prohibited from being disclosed
20    under subsection (b) of Section 75 of the Domestic
21    Violence Fatality Review Act.
22        (fff) Images from cameras under the Expressway Camera
23    Act and all automated license plate reader (ALPR)
24    information used and collected by the Illinois State
25    Police. "ALPR information" means information gathered by
26    an ALPR or created from the analysis of data generated by

 

 

HB5733- 59 -LRB104 21238 BDA 35851 b

1    an ALPR. This subsection (fff) is inoperative on and after
2    July 1, 2028.
3        (ggg) Information prohibited from disclosure under
4    paragraph (3) of subsection (a) of Section 14 of the Nurse
5    Agency Licensing Act.
6        (hhh) Information submitted to the Illinois State
7    Police in an affidavit or application for an assault
8    weapon endorsement, assault weapon attachment endorsement,
9    .50 caliber rifle endorsement, or .50 caliber cartridge
10    endorsement under the Firearm Owners Identification Card
11    Act.
12        (iii) Data exempt from disclosure under Section 50 of
13    the School Safety Drill Act.
14        (jjj) Information exempt from disclosure under Section
15    30 of the Insurance Data Security Law.
16        (kkk) Confidential business information prohibited
17    from disclosure under Section 45 of the Paint Stewardship
18    Act.
19        (lll) Data exempt from disclosure under Section
20    2-3.196 of the School Code.
21        (mmm) Information prohibited from being disclosed
22    under subsection (e) of Section 1-129 of the Illinois
23    Power Agency Act.
24        (nnn) Materials received by the Department of Commerce
25    and Economic Opportunity that are confidential under the
26    Music and Musicians Tax Credit and Jobs Act.

 

 

HB5733- 60 -LRB104 21238 BDA 35851 b

1        (ooo) Data or information provided pursuant to Section
2    20 of the Statewide Recycling Needs and Assessment Act.
3        (ppp) Information that is exempt from disclosure under
4    Section 28-11 of the Lawful Health Care Activity Act.
5        (qqq) Information that is exempt from disclosure under
6    Section 7-101 of the Illinois Human Rights Act.
7        (rrr) Information prohibited from being disclosed
8    under Section 4-2 of the Uniform Money Transmission
9    Modernization Act.
10        (sss) Information exempt from disclosure under Section
11    40 of the Student-Athlete Endorsement Rights Act.
12        (ttt) Audio recordings made under Section 30 of the
13    Illinois State Police Act, except to the extent authorized
14    under that Section.
15        (uuu) Information prohibited from being disclosed
16    under Section 30-5 of the Digital Assets Regulation Act.
17        (www) Criminal history record information, as defined
18    in the Illinois Criminal Justice Information Act.
19        (xxx) Personal and private information, if the
20    personal or private information was submitted to and
21    maintained by the Illinois State Police under the Criminal
22    Identification Act. These records are exempt from
23    disclosure by (i) the Illinois State Police and (ii) a
24    public agency that received this information from the
25    Illinois State Police. Personal information includes dates
26    of birth; race; ethnicity; marital status; medical

 

 

HB5733- 61 -LRB104 21238 BDA 35851 b

1    information describing injuries, illnesses, and/or
2    treatments; death-scene images of a decedent; names of
3    surviving victims; and names of uninvolved third parties.
4    In this paragraph (xxx), "private information" has the
5    meaning given to that term under subsection (c-5) of
6    Section 2 and paragraph (b) of subsection (1) of Section 7
7    of this Act.
8(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
9103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
108-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
11eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
12103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
138-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
14eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
15104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
169-10-25.)
 
17    (Text of Section after amendment by P.A. 104-457 but
18before 104-441)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be
21exempt from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and
24    Development Act.
25        (b) Library circulation and order records identifying

 

 

HB5733- 62 -LRB104 21238 BDA 35851 b

1    library users with specific materials under the Library
2    Records Confidentiality Act.
3        (c) Applications, related documents, and medical
4    records received by the Experimental Organ Transplantation
5    Procedures Board and any and all documents or other
6    records prepared by the Experimental Organ Transplantation
7    Procedures Board or its staff relating to applications it
8    has received.
9        (d) Information and records held by the Department of
10    Public Health and its authorized representatives relating
11    to known or suspected cases of sexually transmitted
12    infection or any information the disclosure of which is
13    restricted under the Illinois Sexually Transmitted
14    Infection Control Act.
15        (e) Information the disclosure of which is exempted
16    under Section 30 of the Radon Industry Licensing Act.
17        (f) Firm performance evaluations under Section 55 of
18    the Architectural, Engineering, and Land Surveying
19    Qualifications Based Selection Act.
20        (g) Information the disclosure of which is restricted
21    and exempted under Section 50 of the Illinois Prepaid
22    Tuition Act.
23        (h) Information the disclosure of which is exempted
24    under the State Officials and Employees Ethics Act, and
25    records of any lawfully created State or local inspector
26    general's office that would be exempt if created or

 

 

HB5733- 63 -LRB104 21238 BDA 35851 b

1    obtained by an Executive Inspector General's office under
2    that Act.
3        (i) Information contained in a local emergency energy
4    plan submitted to a municipality in accordance with a
5    local emergency energy plan ordinance that is adopted
6    under Section 11-21.5-5 of the Illinois Municipal Code.
7        (j) Information and data concerning the distribution
8    of surcharge moneys collected and remitted by carriers
9    under the Emergency Telephone System Act.
10        (k) Law enforcement officer identification information
11    or driver identification information compiled by a law
12    enforcement agency or the Department of Transportation
13    under Section 11-212 of the Illinois Vehicle Code.
14        (l) Records and information provided to a residential
15    health care facility resident sexual assault and death
16    review team or the Executive Council under the Abuse
17    Prevention Review Team Act.
18        (m) Information provided to the predatory lending
19    database created pursuant to Article 3 of the Residential
20    Real Property Disclosure Act, except to the extent
21    authorized under that Article.
22        (n) Defense budgets and petitions for certification of
23    compensation and expenses for court appointed trial
24    counsel as provided under Sections 10 and 15 of the
25    Capital Crimes Litigation Act (repealed). This subsection
26    (n) shall apply until the conclusion of the trial of the

 

 

HB5733- 64 -LRB104 21238 BDA 35851 b

1    case, even if the prosecution chooses not to pursue the
2    death penalty prior to trial or sentencing.
3        (o) Information that is prohibited from being
4    disclosed under Section 4 of the Illinois Health and
5    Hazardous Substances Registry Act.
6        (p) Security portions of system safety program plans,
7    investigation reports, surveys, schedules, lists, data, or
8    information compiled, collected, or prepared by or for the
9    Department of Transportation under Sections 2705-300 and
10    2705-616 of the Department of Transportation Law of the
11    Civil Administrative Code of Illinois, the Northern
12    Illinois Transit Authority under Section 2.11 of the
13    Northern Illinois Transit Authority Act, or the St. Clair
14    County Transit District under the Bi-State Transit Safety
15    Act (repealed).
16        (q) Information prohibited from being disclosed by the
17    Personnel Record Review Act.
18        (r) Information prohibited from being disclosed by the
19    Illinois School Student Records Act.
20        (s) Information the disclosure of which is restricted
21    under Section 5-108 of the Public Utilities Act.
22        (t) (Blank).
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

HB5733- 65 -LRB104 21238 BDA 35851 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (v-5) Records of the Firearm Owner's Identification
11    Card Review Board that are exempted from disclosure under
12    Section 10 of the Firearm Owners Identification Card Act.
13        (w) Personally identifiable information which is
14    exempted from disclosure under subsection (g) of Section
15    19.1 of the Toll Highway Act.
16        (x) Information which is exempted from disclosure
17    under Section 5-1014.3 of the Counties Code or Section
18    8-11-21 of the Illinois Municipal Code.
19        (y) Confidential information under the Adult
20    Protective Services Act and its predecessor enabling
21    statute, the Elder Abuse and Neglect Act, including
22    information about the identity and administrative finding
23    against any caregiver of a verified and substantiated
24    decision of abuse, neglect, or financial exploitation of
25    an eligible adult maintained in the Registry established
26    under Section 7.5 of the Adult Protective Services Act.

 

 

HB5733- 66 -LRB104 21238 BDA 35851 b

1        (z) Records and information provided to a fatality
2    review team or the Illinois Fatality Review Team Advisory
3    Council under Section 15 of the Adult Protective Services
4    Act.
5        (aa) Information which is exempted from disclosure
6    under Section 2.37 of the Wildlife Code.
7        (bb) Information which is or was prohibited from
8    disclosure by the Juvenile Court Act of 1987.
9        (cc) Recordings made under the Law Enforcement
10    Officer-Worn Body Camera Act, except to the extent
11    authorized under that Act.
12        (dd) Information that is prohibited from being
13    disclosed under Section 45 of the Condominium and Common
14    Interest Community Ombudsperson Act.
15        (ee) Information that is exempted from disclosure
16    under Section 30.1 of the Pharmacy Practice Act.
17        (ff) Information that is exempted from disclosure
18    under the Revised Uniform Unclaimed Property Act.
19        (gg) Information that is prohibited from being
20    disclosed under Section 7-603.5 of the Illinois Vehicle
21    Code.
22        (hh) Records that are exempt from disclosure under
23    Section 1A-16.7 of the Election Code.
24        (ii) Information which is exempted from disclosure
25    under Section 2505-800 of the Department of Revenue Law of
26    the Civil Administrative Code of Illinois.

 

 

HB5733- 67 -LRB104 21238 BDA 35851 b

1        (jj) Information and reports that are required to be
2    submitted to the Department of Labor by registering day
3    and temporary labor service agencies but are exempt from
4    disclosure under subsection (a-1) of Section 45 of the Day
5    and Temporary Labor Services Act.
6        (kk) Information prohibited from disclosure under the
7    Seizure and Forfeiture Reporting Act.
8        (ll) Information the disclosure of which is restricted
9    and exempted under Section 5-30.8 of the Illinois Public
10    Aid Code.
11        (mm) Records that are exempt from disclosure under
12    Section 4.2 of the Crime Victims Compensation Act.
13        (nn) Information that is exempt from disclosure under
14    Section 70 of the Higher Education Student Assistance Act.
15        (oo) Communications, notes, records, and reports
16    arising out of a peer support counseling session
17    prohibited from disclosure under the First Responders
18    Suicide Prevention Act.
19        (pp) Names and all identifying information relating to
20    an employee of an emergency services provider or law
21    enforcement agency under the First Responders Suicide
22    Prevention Act.
23        (qq) Information and records held by the Department of
24    Public Health and its authorized representatives collected
25    under the Reproductive Health Act.
26        (rr) Information that is exempt from disclosure under

 

 

HB5733- 68 -LRB104 21238 BDA 35851 b

1    the Cannabis Regulation and Tax Act.
2        (ss) Data reported by an employer to the Department of
3    Human Rights pursuant to Section 2-108 of the Illinois
4    Human Rights Act.
5        (tt) Recordings made under the Children's Advocacy
6    Center Act, except to the extent authorized under that
7    Act.
8        (uu) Information that is exempt from disclosure under
9    Section 50 of the Sexual Assault Evidence Submission Act.
10        (vv) Information that is exempt from disclosure under
11    subsections (f) and (j) of Section 5-36 of the Illinois
12    Public Aid Code.
13        (ww) Information that is exempt from disclosure under
14    Section 16.8 of the State Treasurer Act.
15        (xx) Information that is exempt from disclosure or
16    information that shall not be made public under the
17    Illinois Insurance Code.
18        (yy) Information prohibited from being disclosed under
19    the Illinois Educational Labor Relations Act.
20        (zz) Information prohibited from being disclosed under
21    the Illinois Public Labor Relations Act.
22        (aaa) Information prohibited from being disclosed
23    under Section 1-167 of the Illinois Pension Code.
24        (bbb) Information that is prohibited from disclosure
25    by the Illinois Police Training Act and the Illinois State
26    Police Act.

 

 

HB5733- 69 -LRB104 21238 BDA 35851 b

1        (ccc) Records exempt from disclosure under Section
2    2605-304 of the Illinois State Police Law of the Civil
3    Administrative Code of Illinois.
4        (ddd) Information prohibited from being disclosed
5    under Section 35 of the Address Confidentiality for
6    Victims of Domestic Violence, Sexual Assault, Human
7    Trafficking, or Stalking Act.
8        (eee) Information prohibited from being disclosed
9    under subsection (b) of Section 75 of the Domestic
10    Violence Fatality Review Act.
11        (fff) Images from cameras under the Expressway Camera
12    Act and all automated license plate reader (ALPR)
13    information used and collected by the Illinois State
14    Police. "ALPR information" means information gathered by
15    an ALPR or created from the analysis of data generated by
16    an ALPR. This subsection (fff) is inoperative on and after
17    July 1, 2028.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois State
22    Police in an affidavit or application for an assault
23    weapon endorsement, assault weapon attachment endorsement,
24    .50 caliber rifle endorsement, or .50 caliber cartridge
25    endorsement under the Firearm Owners Identification Card
26    Act.

 

 

HB5733- 70 -LRB104 21238 BDA 35851 b

1        (iii) Data exempt from disclosure under Section 50 of
2    the School Safety Drill Act.
3        (jjj) Information exempt from disclosure under Section
4    30 of the Insurance Data Security Law.
5        (kkk) Confidential business information prohibited
6    from disclosure under Section 45 of the Paint Stewardship
7    Act.
8        (lll) Data exempt from disclosure under Section
9    2-3.196 of the School Code.
10        (mmm) Information prohibited from being disclosed
11    under subsection (e) of Section 1-129 of the Illinois
12    Power Agency Act.
13        (nnn) Materials received by the Department of Commerce
14    and Economic Opportunity that are confidential under the
15    Music and Musicians Tax Credit and Jobs Act.
16        (ooo) Data or information provided pursuant to Section
17    20 of the Statewide Recycling Needs and Assessment Act.
18        (ppp) Information that is exempt from disclosure under
19    Section 28-11 of the Lawful Health Care Activity Act.
20        (qqq) Information that is exempt from disclosure under
21    Section 7-101 of the Illinois Human Rights Act.
22        (rrr) Information prohibited from being disclosed
23    under Section 4-2 of the Uniform Money Transmission
24    Modernization Act.
25        (sss) Information exempt from disclosure under Section
26    40 of the Student-Athlete Endorsement Rights Act.

 

 

HB5733- 71 -LRB104 21238 BDA 35851 b

1        (ttt) Audio recordings made under Section 30 of the
2    Illinois State Police Act, except to the extent authorized
3    under that Section.
4        (uuu) Information prohibited from being disclosed
5    under Section 30-5 of the Digital Assets Regulation Act.
6        (www) Criminal history record information, as defined
7    in the Illinois Criminal Justice Information Act.
8        (xxx) Personal and private information, if the
9    personal or private information was submitted to and
10    maintained by the Illinois State Police under the Criminal
11    Identification Act. These records are exempt from
12    disclosure by (i) the Illinois State Police and (ii) a
13    public agency that received this information from the
14    Illinois State Police. Personal information includes dates
15    of birth; race; ethnicity; marital status; medical
16    information describing injuries, illnesses, and/or
17    treatments; death-scene images of a decedent; names of
18    surviving victims; and names of uninvolved third parties.
19    Private information is defined in Sections 2(c-5) and
20    7(1)(b) of this Act.
21(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
22103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
238-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
24eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
25103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
268-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,

 

 

HB5733- 72 -LRB104 21238 BDA 35851 b

1eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
2104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
36-1-26; revised 1-7-26.)
 
4    (Text of Section after amendment by P.A. 104-441)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be
7exempt from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other
17    records prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmitted
23    infection or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmitted
25    Infection Control Act.

 

 

HB5733- 73 -LRB104 21238 BDA 35851 b

1        (e) Information the disclosure of which is exempted
2    under Section 30 of the Radon Industry Licensing Act.
3        (f) Firm performance evaluations under Section 55 of
4    the Architectural, Engineering, and Land Surveying
5    Qualifications Based Selection Act.
6        (g) Information the disclosure of which is restricted
7    and exempted under Section 50 of the Illinois Prepaid
8    Tuition Act.
9        (h) Information the disclosure of which is exempted
10    under the State Officials and Employees Ethics Act, and
11    records of any lawfully created State or local inspector
12    general's office that would be exempt if created or
13    obtained by an Executive Inspector General's office under
14    that Act.
15        (i) Information contained in a local emergency energy
16    plan submitted to a municipality in accordance with a
17    local emergency energy plan ordinance that is adopted
18    under Section 11-21.5-5 of the Illinois Municipal Code.
19        (j) Information and data concerning the distribution
20    of surcharge moneys collected and remitted by carriers
21    under the Emergency Telephone System Act.
22        (k) Law enforcement officer identification information
23    or driver identification information compiled by a law
24    enforcement agency or the Department of Transportation
25    under Section 11-212 of the Illinois Vehicle Code.
26        (l) Records and information provided to a residential

 

 

HB5733- 74 -LRB104 21238 BDA 35851 b

1    health care facility resident sexual assault and death
2    review team or the Executive Council under the Abuse
3    Prevention Review Team Act.
4        (m) Information provided to the predatory lending
5    database created pursuant to Article 3 of the Residential
6    Real Property Disclosure Act, except to the extent
7    authorized under that Article.
8        (n) Defense budgets and petitions for certification of
9    compensation and expenses for court appointed trial
10    counsel as provided under Sections 10 and 15 of the
11    Capital Crimes Litigation Act (repealed). This subsection
12    (n) shall apply until the conclusion of the trial of the
13    case, even if the prosecution chooses not to pursue the
14    death penalty prior to trial or sentencing.
15        (o) Information that is prohibited from being
16    disclosed under Section 4 of the Illinois Health and
17    Hazardous Substances Registry Act.
18        (p) Security portions of system safety program plans,
19    investigation reports, surveys, schedules, lists, data, or
20    information compiled, collected, or prepared by or for the
21    Department of Transportation under Sections 2705-300 and
22    2705-616 of the Department of Transportation Law of the
23    Civil Administrative Code of Illinois, the Northern
24    Illinois Transit Authority under Section 2.11 of the
25    Northern Illinois Transit Authority Act, or the St. Clair
26    County Transit District under the Bi-State Transit Safety

 

 

HB5733- 75 -LRB104 21238 BDA 35851 b

1    Act (repealed).
2        (q) Information prohibited from being disclosed by the
3    Personnel Record Review Act.
4        (r) Information prohibited from being disclosed by the
5    Illinois School Student Records Act.
6        (s) Information the disclosure of which is restricted
7    under Section 5-108 of the Public Utilities Act.
8        (t) (Blank).
9        (u) Records and information provided to an independent
10    team of experts under the Developmental Disability and
11    Mental Health Safety Act (also known as Brian's Law).
12        (v) Names and information of people who have applied
13    for or received Firearm Owner's Identification Cards under
14    the Firearm Owners Identification Card Act or applied for
15    or received a concealed carry license under the Firearm
16    Concealed Carry Act, unless otherwise authorized by the
17    Firearm Concealed Carry Act; and databases under the
18    Firearm Concealed Carry Act, records of the Concealed
19    Carry Licensing Review Board under the Firearm Concealed
20    Carry Act, and law enforcement agency objections under the
21    Firearm Concealed Carry Act.
22        (v-5) Records of the Firearm Owner's Identification
23    Card Review Board that are exempted from disclosure under
24    Section 10 of the Firearm Owners Identification Card Act.
25        (w) Personally identifiable information which is
26    exempted from disclosure under subsection (g) of Section

 

 

HB5733- 76 -LRB104 21238 BDA 35851 b

1    19.1 of the Toll Highway Act.
2        (x) Information which is exempted from disclosure
3    under Section 5-1014.3 of the Counties Code or Section
4    8-11-21 of the Illinois Municipal Code.
5        (y) Confidential information under the Adult
6    Protective Services Act and its predecessor enabling
7    statute, the Elder Abuse and Neglect Act, including
8    information about the identity and administrative finding
9    against any caregiver of a verified and substantiated
10    decision of abuse, neglect, or financial exploitation of
11    an eligible adult maintained in the Registry established
12    under Section 7.5 of the Adult Protective Services Act.
13        (z) Records and information provided to a fatality
14    review team or the Illinois Fatality Review Team Advisory
15    Council under Section 15 of the Adult Protective Services
16    Act.
17        (aa) Information which is exempted from disclosure
18    under Section 2.37 of the Wildlife Code.
19        (bb) Information which is or was prohibited from
20    disclosure by the Juvenile Court Act of 1987.
21        (cc) Recordings made under the Law Enforcement
22    Officer-Worn Body Camera Act, except to the extent
23    authorized under that Act.
24        (dd) Information that is prohibited from being
25    disclosed under Section 45 of the Condominium and Common
26    Interest Community Ombudsperson Act.

 

 

HB5733- 77 -LRB104 21238 BDA 35851 b

1        (ee) Information that is exempted from disclosure
2    under Section 30.1 of the Pharmacy Practice Act.
3        (ff) Information that is exempted from disclosure
4    under the Revised Uniform Unclaimed Property Act.
5        (gg) Information that is prohibited from being
6    disclosed under Section 7-603.5 of the Illinois Vehicle
7    Code.
8        (hh) Records that are exempt from disclosure under
9    Section 1A-16.7 of the Election Code.
10        (ii) Information which is exempted from disclosure
11    under Section 2505-800 of the Department of Revenue Law of
12    the Civil Administrative Code of Illinois.
13        (jj) Information and reports that are required to be
14    submitted to the Department of Labor by registering day
15    and temporary labor service agencies but are exempt from
16    disclosure under subsection (a-1) of Section 45 of the Day
17    and Temporary Labor Services Act.
18        (kk) Information prohibited from disclosure under the
19    Seizure and Forfeiture Reporting Act.
20        (ll) Information the disclosure of which is restricted
21    and exempted under Section 5-30.8 of the Illinois Public
22    Aid Code.
23        (mm) Records that are exempt from disclosure under
24    Section 4.2 of the Crime Victims Compensation Act.
25        (nn) Information that is exempt from disclosure under
26    Section 70 of the Higher Education Student Assistance Act.

 

 

HB5733- 78 -LRB104 21238 BDA 35851 b

1        (oo) Communications, notes, records, and reports
2    arising out of a peer support counseling session
3    prohibited from disclosure under the First Responders
4    Suicide Prevention Act.
5        (pp) Names and all identifying information relating to
6    an employee of an emergency services provider or law
7    enforcement agency under the First Responders Suicide
8    Prevention Act.
9        (qq) Information and records held by the Department of
10    Public Health and its authorized representatives collected
11    under the Reproductive Health Act.
12        (rr) Information that is exempt from disclosure under
13    the Cannabis Regulation and Tax Act.
14        (ss) Data reported by an employer to the Department of
15    Human Rights pursuant to Section 2-108 of the Illinois
16    Human Rights Act.
17        (tt) Recordings made under the Children's Advocacy
18    Center Act, except to the extent authorized under that
19    Act.
20        (uu) Information that is exempt from disclosure under
21    Section 50 of the Sexual Assault Evidence Submission Act.
22        (vv) Information that is exempt from disclosure under
23    subsections (f) and (j) of Section 5-36 of the Illinois
24    Public Aid Code.
25        (ww) Information that is exempt from disclosure under
26    Section 16.8 of the State Treasurer Act.

 

 

HB5733- 79 -LRB104 21238 BDA 35851 b

1        (xx) Information that is exempt from disclosure or
2    information that shall not be made public under the
3    Illinois Insurance Code.
4        (yy) Information prohibited from being disclosed under
5    the Illinois Educational Labor Relations Act.
6        (zz) Information prohibited from being disclosed under
7    the Illinois Public Labor Relations Act.
8        (aaa) Information prohibited from being disclosed
9    under Section 1-167 of the Illinois Pension Code.
10        (bbb) Information that is prohibited from disclosure
11    by the Illinois Police Training Act and the Illinois State
12    Police Act.
13        (ccc) Records exempt from disclosure under Section
14    2605-304 of the Illinois State Police Law of the Civil
15    Administrative Code of Illinois.
16        (ddd) Information prohibited from being disclosed
17    under Section 35 of the Address Confidentiality for
18    Victims of Domestic Violence, Sexual Assault, Human
19    Trafficking, or Stalking Act.
20        (eee) Information prohibited from being disclosed
21    under subsection (b) of Section 75 of the Domestic
22    Violence Fatality Review Act.
23        (fff) Images from cameras under the Expressway Camera
24    Act and all automated license plate reader (ALPR)
25    information used and collected by the Illinois State
26    Police. "ALPR information" means information gathered by

 

 

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1    an ALPR or created from the analysis of data generated by
2    an ALPR. This subsection (fff) is inoperative on and after
3    July 1, 2028.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) Information exempt from disclosure under Section
16    30 of the Insurance Data Security Law.
17        (kkk) Confidential business information prohibited
18    from disclosure under Section 45 of the Paint Stewardship
19    Act.
20        (lll) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) Information prohibited from being disclosed
23    under subsection (e) of Section 1-129 of the Illinois
24    Power Agency Act.
25        (nnn) Materials received by the Department of Commerce
26    and Economic Opportunity that are confidential under the

 

 

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1    Music and Musicians Tax Credit and Jobs Act.
2        (ooo) Data or information provided pursuant to Section
3    20 of the Statewide Recycling Needs and Assessment Act.
4        (ppp) Information that is exempt from disclosure under
5    Section 28-11 of the Lawful Health Care Activity Act.
6        (qqq) Information that is exempt from disclosure under
7    Section 7-101 of the Illinois Human Rights Act.
8        (rrr) Information prohibited from being disclosed
9    under Section 4-2 of the Uniform Money Transmission
10    Modernization Act.
11        (sss) Information exempt from disclosure under Section
12    40 of the Student-Athlete Endorsement Rights Act.
13        (ttt) Audio recordings made under Section 30 of the
14    Illinois State Police Act, except to the extent authorized
15    under that Section.
16        (uuu) Information prohibited from being disclosed
17    under Section 30-5 of the Digital Assets Regulation Act.
18        (vvv) (uuu) Information exempt from disclosure under
19    Section 70 of the End-of-Life Options for Terminally Ill
20    Patients Act.
21        (www) Criminal history record information, as defined
22    in the Illinois Criminal Justice Information Act.
23        (xxx) Personal and private information, if the
24    personal or private information was submitted to and
25    maintained by the Illinois State Police under the Criminal
26    Identification Act. These records are exempt from

 

 

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1    disclosure by (i) the Illinois State Police and (ii) a
2    public agency that received this information from the
3    Illinois State Police. Personal information includes dates
4    of birth; race; ethnicity; marital status; medical
5    information describing injuries, illnesses, and/or
6    treatments; death-scene images of a decedent; names of
7    surviving victims; and names of uninvolved third parties.
8    Private information is defined in Sections 2(c-5) and
9    7(1)(b) of this Act.
10(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
11103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
128-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
13eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
14103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
158-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
16eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
17104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
189-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2027.