Illinois 2025-2026 Regular Session

Illinois House Bill HB1740 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1740 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 5 ILCS 140/3 from Ch. 116, par. 203 Amends the Freedom of Information Act. Provides that, if a request for public records for officer-worn body camera recorded audio or video is received by a public body, the public body shall either comply with or deny the request within 15 business days (rather than 5 days) after its receipt of the request. Allows an extension to the time to respond to a request for officer-worn body camera recorded audio or video to 15 business days (rather than 5 business days). LRB104 06269 BDA 16304 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1740 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 5 ILCS 140/3 from Ch. 116, par. 203 5 ILCS 140/3 from Ch. 116, par. 203 Amends the Freedom of Information Act. Provides that, if a request for public records for officer-worn body camera recorded audio or video is received by a public body, the public body shall either comply with or deny the request within 15 business days (rather than 5 days) after its receipt of the request. Allows an extension to the time to respond to a request for officer-worn body camera recorded audio or video to 15 business days (rather than 5 business days). LRB104 06269 BDA 16304 b LRB104 06269 BDA 16304 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1740 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/3 from Ch. 116, par. 203 5 ILCS 140/3 from Ch. 116, par. 203
4	4	5 ILCS 140/3 from Ch. 116, par. 203
5	5	Amends the Freedom of Information Act. Provides that, if a request for public records for officer-worn body camera recorded audio or video is received by a public body, the public body shall either comply with or deny the request within 15 business days (rather than 5 days) after its receipt of the request. Allows an extension to the time to respond to a request for officer-worn body camera recorded audio or video to 15 business days (rather than 5 business days).
6	6	LRB104 06269 BDA 16304 b LRB104 06269 BDA 16304 b
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8	8	A BILL FOR
9	9	HB1740LRB104 06269 BDA 16304 b HB1740 LRB104 06269 BDA 16304 b
10	10	HB1740 LRB104 06269 BDA 16304 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Freedom of Information Act is amended by
15	15	5 changing Section 3 as follows:
16	16	6 (5 ILCS 140/3) (from Ch. 116, par. 203)
17	17	7 Sec. 3. (a) Each public body shall make available to any
18	18	8 person for inspection or copying all public records, except as
19	19	9 otherwise provided in Sections 7 and 8.5 of this Act.
20	20	10 Notwithstanding any other law, a public body may not grant to
21	21	11 any person or entity, whether by contract, license, or
22	22	12 otherwise, the exclusive right to access and disseminate any
23	23	13 public record as defined in this Act.
24	24	14 (b) Subject to the fee provisions of Section 6 of this Act,
25	25	15 each public body shall promptly provide, to any person who
26	26	16 submits a request, a copy of any public record required to be
27	27	17 disclosed by subsection (a) of this Section and shall certify
28	28	18 such copy if so requested.
29	29	19 (c) Requests for inspection or copies shall be made in
30	30	20 writing and directed to the public body. Written requests may
31	31	21 be submitted to a public body via personal delivery, mail,
32	32	22 telefax, or other means available to the public body. A public
33	33	23 body may honor oral requests for inspection or copying. A
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1740 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
38	38	5 ILCS 140/3 from Ch. 116, par. 203 5 ILCS 140/3 from Ch. 116, par. 203
39	39	5 ILCS 140/3 from Ch. 116, par. 203
40	40	Amends the Freedom of Information Act. Provides that, if a request for public records for officer-worn body camera recorded audio or video is received by a public body, the public body shall either comply with or deny the request within 15 business days (rather than 5 days) after its receipt of the request. Allows an extension to the time to respond to a request for officer-worn body camera recorded audio or video to 15 business days (rather than 5 business days).
41	41	LRB104 06269 BDA 16304 b LRB104 06269 BDA 16304 b
42	42	LRB104 06269 BDA 16304 b
43	43	A BILL FOR
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49	49	5 ILCS 140/3 from Ch. 116, par. 203
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68	68	1 public body may not require that a request be submitted on a
69	69	2 standard form or require the requester to specify the purpose
70	70	3 for a request, except to determine whether the records are
71	71	4 requested for a commercial purpose or whether to grant a
72	72	5 request for a fee waiver. All requests for inspection and
73	73	6 copying received by a public body shall immediately be
74	74	7 forwarded to its Freedom of Information officer or designee.
75	75	8 (d) Each public body shall, promptly, either comply with
76	76	9 or deny a request for public records within 5 business days
77	77	10 after its receipt of the request, unless the time for response
78	78	11 is properly extended under subsection (e) of this Section or
79	79	12 unless time of response is covered under subsection (d-5).
80	80	13 Denial shall be in writing as provided in Section 9 of this
81	81	14 Act. Failure to comply with a written request, extend the time
82	82	15 for response, or deny a request within 5 business days after
83	83	16 its receipt shall be considered a denial of the request. A
84	84	17 public body that fails to respond to a request within the
85	85	18 requisite periods in this Section but thereafter provides the
86	86	19 requester with copies of the requested public records may not
87	87	20 impose a fee for such copies. A public body that fails to
88	88	21 respond to a request received may not treat the request as
89	89	22 unduly burdensome under subsection (g).
90	90	23 (d-5) If a request for public records for officer-worn
91	91	24 body camera recorded audio or video allowed under subsection
92	92	25 (b) of Section 10-20 of the Law Enforcement Officer-Worn Body
93	93	26 Camera Act is received by a public body, the public body shall,
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104	104	1 promptly, either comply with or deny a request for the audio or
105	105	2 video within 15 business days after its receipt of the
106	106	3 request. The time for a response under this subsection may be
107	107	4 extended by the public body for not more than 15 business days
108	108	5 from the original due date for any of the reasons allowed under
109	109	6 subsection (e) unless the person making the request and the
110	110	7 public body make an agreement in writing to extend the time for
111	111	8 compliance as allowed under subsection (e).
112	112	9 (e) Except as provided in subsection (d-5), the The time
113	113	10 for response under this Section may be extended by the public
114	114	11 body for not more than 5 business days from the original due
115	115	12 date for any of the following reasons:
116	116	13 (i) the requested records are stored in whole or in
117	117	14 part at other locations than the office having charge of
118	118	15 the requested records;
119	119	16 (ii) the request requires the collection of a
120	120	17 substantial number of specified records;
121	121	18 (iii) the request is couched in categorical terms and
122	122	19 requires an extensive search for the records responsive to
123	123	20 it;
124	124	21 (iv) the requested records have not been located in
125	125	22 the course of routine search and additional efforts are
126	126	23 being made to locate them;
127	127	24 (v) the requested records require examination and
128	128	25 evaluation by personnel having the necessary competence
129	129	26 and discretion to determine if they are exempt from
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140	140	1 disclosure under Section 7 of this Act or should be
141	141	2 revealed only with appropriate deletions;
142	142	3 (vi) the request for records cannot be complied with
143	143	4 by the public body within the time limits prescribed by
144	144	5 subsection (d) of this Section without unduly burdening or
145	145	6 interfering with the operations of the public body;
146	146	7 (vii) there is a need for consultation, which shall be
147	147	8 conducted with all practicable speed, with another public
148	148	9 body or among 2 or more components of a public body having
149	149	10 a substantial interest in the determination or in the
150	150	11 subject matter of the request.
151	151	12 The person making a request and the public body may agree
152	152	13 in writing to extend the time for compliance for a period to be
153	153	14 determined by the parties. If the requester and the public
154	154	15 body agree to extend the period for compliance, a failure by
155	155	16 the public body to comply with any previous deadlines shall
156	156	17 not be treated as a denial of the request for the records.
157	157	18 (f) When additional time is required for any of the above
158	158	19 reasons, the public body shall, within 5 business days after
159	159	20 receipt of the request, notify the person making the request
160	160	21 of the reasons for the extension and the date by which the
161	161	22 response will be forthcoming. Failure to respond within the
162	162	23 time permitted for extension shall be considered a denial of
163	163	24 the request. A public body that fails to respond to a request
164	164	25 within the time permitted for extension but thereafter
165	165	26 provides the requester with copies of the requested public
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176	176	1 records may not impose a fee for those copies. A public body
177	177	2 that requests an extension and subsequently fails to respond
178	178	3 to the request may not treat the request as unduly burdensome
179	179	4 under subsection (g).
180	180	5 (g) Requests calling for all records falling within a
181	181	6 category shall be complied with unless compliance with the
182	182	7 request would be unduly burdensome for the complying public
183	183	8 body and there is no way to narrow the request and the burden
184	184	9 on the public body outweighs the public interest in the
185	185	10 information. Before invoking this exemption, the public body
186	186	11 shall extend to the person making the request an opportunity
187	187	12 to confer with it in an attempt to reduce the request to
188	188	13 manageable proportions. If any public body responds to a
189	189	14 categorical request by stating that compliance would unduly
190	190	15 burden its operation and the conditions described above are
191	191	16 met, it shall do so in writing, specifying the reasons why it
192	192	17 would be unduly burdensome and the extent to which compliance
193	193	18 will so burden the operations of the public body. Such a
194	194	19 response shall be treated as a denial of the request for
195	195	20 information.
196	196	21 Repeated requests from the same person for the same
197	197	22 records that are unchanged or identical to records previously
198	198	23 provided or properly denied under this Act shall be deemed
199	199	24 unduly burdensome under this provision.
200	200	25 (h) Each public body may promulgate rules and regulations
201	201	26 in conformity with the provisions of this Section pertaining
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