IL
Illinois House Bill HB2576

Illinois 2025-2026 Regular Session

Illinois House Bill HB2576 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2576 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, upon written request for a traffic crash report by an attorney who provides an affidavit confirming representation of an individual in the traffic crash, the public body from whom the traffic crash report is requested shall disclose an unredacted copy of the traffic crash report to the requesting attorney. LRB104 08811 BDA 18866 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2576 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 5 ILCS 140/7 5 ILCS 140/7 Amends the Freedom of Information Act. Provides that, upon written request for a traffic crash report by an attorney who provides an affidavit confirming representation of an individual in the traffic crash, the public body from whom the traffic crash report is requested shall disclose an unredacted copy of the traffic crash report to the requesting attorney. LRB104 08811 BDA 18866 b LRB104 08811 BDA 18866 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2576 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
33 5 ILCS 140/7 5 ILCS 140/7
44 5 ILCS 140/7
55 Amends the Freedom of Information Act. Provides that, upon written request for a traffic crash report by an attorney who provides an affidavit confirming representation of an individual in the traffic crash, the public body from whom the traffic crash report is requested shall disclose an unredacted copy of the traffic crash report to the requesting attorney.
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1111 1 AN ACT concerning government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Freedom of Information Act is amended by
1515 5 changing Section 7 as follows:
1616 6 (5 ILCS 140/7)
1717 7 Sec. 7. Exemptions.
1818 8 (1) When a request is made to inspect or copy a public
1919 9 record that contains information that is exempt from
2020 10 disclosure under this Section, but also contains information
2121 11 that is not exempt from disclosure, the public body may elect
2222 12 to redact the information that is exempt. The public body
2323 13 shall make the remaining information available for inspection
2424 14 and copying. Subject to this requirement, the following shall
2525 15 be exempt from inspection and copying:
2626 16 (a) Information specifically prohibited from
2727 17 disclosure by federal or State law or rules and
2828 18 regulations implementing federal or State law.
2929 19 (b) Private information, unless disclosure is required
3030 20 by another provision of this Act, a State or federal law,
3131 21 or a court order.
3232 22 (b-5) Files, documents, and other data or databases
3333 23 maintained by one or more law enforcement agencies and
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2576 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3838 5 ILCS 140/7 5 ILCS 140/7
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4040 Amends the Freedom of Information Act. Provides that, upon written request for a traffic crash report by an attorney who provides an affidavit confirming representation of an individual in the traffic crash, the public body from whom the traffic crash report is requested shall disclose an unredacted copy of the traffic crash report to the requesting attorney.
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6868 1 specifically designed to provide information to one or
6969 2 more law enforcement agencies regarding the physical or
7070 3 mental status of one or more individual subjects.
7171 4 (c) Personal information contained within public
7272 5 records, the disclosure of which would constitute a
7373 6 clearly unwarranted invasion of personal privacy, unless
7474 7 the disclosure is consented to in writing by the
7575 8 individual subjects of the information. "Unwarranted
7676 9 invasion of personal privacy" means the disclosure of
7777 10 information that is highly personal or objectionable to a
7878 11 reasonable person and in which the subject's right to
7979 12 privacy outweighs any legitimate public interest in
8080 13 obtaining the information. The disclosure of information
8181 14 that bears on the public duties of public employees and
8282 15 officials shall not be considered an invasion of personal
8383 16 privacy.
8484 17 (d) Records in the possession of any public body
8585 18 created in the course of administrative enforcement
8686 19 proceedings, and any law enforcement or correctional
8787 20 agency for law enforcement purposes, but only to the
8888 21 extent that disclosure would:
8989 22 (i) interfere with pending or actually and
9090 23 reasonably contemplated law enforcement proceedings
9191 24 conducted by any law enforcement or correctional
9292 25 agency that is the recipient of the request;
9393 26 (ii) interfere with active administrative
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104104 1 enforcement proceedings conducted by the public body
105105 2 that is the recipient of the request;
106106 3 (iii) create a substantial likelihood that a
107107 4 person will be deprived of a fair trial or an impartial
108108 5 hearing;
109109 6 (iv) unavoidably disclose the identity of a
110110 7 confidential source, confidential information
111111 8 furnished only by the confidential source, or persons
112112 9 who file complaints with or provide information to
113113 10 administrative, investigative, law enforcement, or
114114 11 penal agencies; except that the identities of
115115 12 witnesses to traffic crashes, traffic crash reports,
116116 13 and rescue reports shall be provided by agencies of
117117 14 local government, except when disclosure would
118118 15 interfere with an active criminal investigation
119119 16 conducted by the agency that is the recipient of the
120120 17 request;
121121 18 (v) disclose unique or specialized investigative
122122 19 techniques other than those generally used and known
123123 20 or disclose internal documents of correctional
124124 21 agencies related to detection, observation, or
125125 22 investigation of incidents of crime or misconduct, and
126126 23 disclosure would result in demonstrable harm to the
127127 24 agency or public body that is the recipient of the
128128 25 request;
129129 26 (vi) endanger the life or physical safety of law
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140140 1 enforcement personnel or any other person; or
141141 2 (vii) obstruct an ongoing criminal investigation
142142 3 by the agency that is the recipient of the request.
143143 4 (d-5) A law enforcement record created for law
144144 5 enforcement purposes and contained in a shared electronic
145145 6 record management system if the law enforcement agency
146146 7 that is the recipient of the request did not create the
147147 8 record, did not participate in or have a role in any of the
148148 9 events which are the subject of the record, and only has
149149 10 access to the record through the shared electronic record
150150 11 management system.
151151 12 (d-6) Records contained in the Officer Professional
152152 13 Conduct Database under Section 9.2 of the Illinois Police
153153 14 Training Act, except to the extent authorized under that
154154 15 Section. This includes the documents supplied to the
155155 16 Illinois Law Enforcement Training Standards Board from the
156156 17 Illinois State Police and Illinois State Police Merit
157157 18 Board.
158158 19 (d-7) Information gathered or records created from the
159159 20 use of automatic license plate readers in connection with
160160 21 Section 2-130 of the Illinois Vehicle Code.
161161 22 (e) Records that relate to or affect the security of
162162 23 correctional institutions and detention facilities.
163163 24 (e-5) Records requested by persons committed to the
164164 25 Department of Corrections, Department of Human Services
165165 26 Division of Mental Health, or a county jail if those
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176176 1 materials are available in the library of the correctional
177177 2 institution or facility or jail where the inmate is
178178 3 confined.
179179 4 (e-6) Records requested by persons committed to the
180180 5 Department of Corrections, Department of Human Services
181181 6 Division of Mental Health, or a county jail if those
182182 7 materials include records from staff members' personnel
183183 8 files, staff rosters, or other staffing assignment
184184 9 information.
185185 10 (e-7) Records requested by persons committed to the
186186 11 Department of Corrections or Department of Human Services
187187 12 Division of Mental Health if those materials are available
188188 13 through an administrative request to the Department of
189189 14 Corrections or Department of Human Services Division of
190190 15 Mental Health.
191191 16 (e-8) Records requested by a person committed to the
192192 17 Department of Corrections, Department of Human Services
193193 18 Division of Mental Health, or a county jail, the
194194 19 disclosure of which would result in the risk of harm to any
195195 20 person or the risk of an escape from a jail or correctional
196196 21 institution or facility.
197197 22 (e-9) Records requested by a person in a county jail
198198 23 or committed to the Department of Corrections or
199199 24 Department of Human Services Division of Mental Health,
200200 25 containing personal information pertaining to the person's
201201 26 victim or the victim's family, including, but not limited
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212212 1 to, a victim's home address, home telephone number, work
213213 2 or school address, work telephone number, social security
214214 3 number, or any other identifying information, except as
215215 4 may be relevant to a requester's current or potential case
216216 5 or claim.
217217 6 (e-10) Law enforcement records of other persons
218218 7 requested by a person committed to the Department of
219219 8 Corrections, Department of Human Services Division of
220220 9 Mental Health, or a county jail, including, but not
221221 10 limited to, arrest and booking records, mug shots, and
222222 11 crime scene photographs, except as these records may be
223223 12 relevant to the requester's current or potential case or
224224 13 claim.
225225 14 (f) Preliminary drafts, notes, recommendations,
226226 15 memoranda, and other records in which opinions are
227227 16 expressed, or policies or actions are formulated, except
228228 17 that a specific record or relevant portion of a record
229229 18 shall not be exempt when the record is publicly cited and
230230 19 identified by the head of the public body. The exemption
231231 20 provided in this paragraph (f) extends to all those
232232 21 records of officers and agencies of the General Assembly
233233 22 that pertain to the preparation of legislative documents.
234234 23 (g) Trade secrets and commercial or financial
235235 24 information obtained from a person or business where the
236236 25 trade secrets or commercial or financial information are
237237 26 furnished under a claim that they are proprietary,
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248248 1 privileged, or confidential, and that disclosure of the
249249 2 trade secrets or commercial or financial information would
250250 3 cause competitive harm to the person or business, and only
251251 4 insofar as the claim directly applies to the records
252252 5 requested.
253253 6 The information included under this exemption includes
254254 7 all trade secrets and commercial or financial information
255255 8 obtained by a public body, including a public pension
256256 9 fund, from a private equity fund or a privately held
257257 10 company within the investment portfolio of a private
258258 11 equity fund as a result of either investing or evaluating
259259 12 a potential investment of public funds in a private equity
260260 13 fund. The exemption contained in this item does not apply
261261 14 to the aggregate financial performance information of a
262262 15 private equity fund, nor to the identity of the fund's
263263 16 managers or general partners. The exemption contained in
264264 17 this item does not apply to the identity of a privately
265265 18 held company within the investment portfolio of a private
266266 19 equity fund, unless the disclosure of the identity of a
267267 20 privately held company may cause competitive harm.
268268 21 Nothing contained in this paragraph (g) shall be
269269 22 construed to prevent a person or business from consenting
270270 23 to disclosure.
271271 24 (h) Proposals and bids for any contract, grant, or
272272 25 agreement, including information which if it were
273273 26 disclosed would frustrate procurement or give an advantage
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284284 1 to any person proposing to enter into a contractor
285285 2 agreement with the body, until an award or final selection
286286 3 is made. Information prepared by or for the body in
287287 4 preparation of a bid solicitation shall be exempt until an
288288 5 award or final selection is made.
289289 6 (i) Valuable formulae, computer geographic systems,
290290 7 designs, drawings, and research data obtained or produced
291291 8 by any public body when disclosure could reasonably be
292292 9 expected to produce private gain or public loss. The
293293 10 exemption for "computer geographic systems" provided in
294294 11 this paragraph (i) does not extend to requests made by
295295 12 news media as defined in Section 2 of this Act when the
296296 13 requested information is not otherwise exempt and the only
297297 14 purpose of the request is to access and disseminate
298298 15 information regarding the health, safety, welfare, or
299299 16 legal rights of the general public.
300300 17 (j) The following information pertaining to
301301 18 educational matters:
302302 19 (i) test questions, scoring keys, and other
303303 20 examination data used to administer an academic
304304 21 examination;
305305 22 (ii) information received by a primary or
306306 23 secondary school, college, or university under its
307307 24 procedures for the evaluation of faculty members by
308308 25 their academic peers;
309309 26 (iii) information concerning a school or
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320320 1 university's adjudication of student disciplinary
321321 2 cases, but only to the extent that disclosure would
322322 3 unavoidably reveal the identity of the student; and
323323 4 (iv) course materials or research materials used
324324 5 by faculty members.
325325 6 (k) Architects' plans, engineers' technical
326326 7 submissions, and other construction related technical
327327 8 documents for projects not constructed or developed in
328328 9 whole or in part with public funds and the same for
329329 10 projects constructed or developed with public funds,
330330 11 including, but not limited to, power generating and
331331 12 distribution stations and other transmission and
332332 13 distribution facilities, water treatment facilities,
333333 14 airport facilities, sport stadiums, convention centers,
334334 15 and all government owned, operated, or occupied buildings,
335335 16 but only to the extent that disclosure would compromise
336336 17 security.
337337 18 (l) Minutes of meetings of public bodies closed to the
338338 19 public as provided in the Open Meetings Act until the
339339 20 public body makes the minutes available to the public
340340 21 under Section 2.06 of the Open Meetings Act.
341341 22 (m) Communications between a public body and an
342342 23 attorney or auditor representing the public body that
343343 24 would not be subject to discovery in litigation, and
344344 25 materials prepared or compiled by or for a public body in
345345 26 anticipation of a criminal, civil, or administrative
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356356 1 proceeding upon the request of an attorney advising the
357357 2 public body, and materials prepared or compiled with
358358 3 respect to internal audits of public bodies.
359359 4 (n) Records relating to a public body's adjudication
360360 5 of employee grievances or disciplinary cases; however,
361361 6 this exemption shall not extend to the final outcome of
362362 7 cases in which discipline is imposed.
363363 8 (o) Administrative or technical information associated
364364 9 with automated data processing operations, including, but
365365 10 not limited to, software, operating protocols, computer
366366 11 program abstracts, file layouts, source listings, object
367367 12 modules, load modules, user guides, documentation
368368 13 pertaining to all logical and physical design of
369369 14 computerized systems, employee manuals, and any other
370370 15 information that, if disclosed, would jeopardize the
371371 16 security of the system or its data or the security of
372372 17 materials exempt under this Section.
373373 18 (p) Records relating to collective negotiating matters
374374 19 between public bodies and their employees or
375375 20 representatives, except that any final contract or
376376 21 agreement shall be subject to inspection and copying.
377377 22 (q) Test questions, scoring keys, and other
378378 23 examination data used to determine the qualifications of
379379 24 an applicant for a license or employment.
380380 25 (r) The records, documents, and information relating
381381 26 to real estate purchase negotiations until those
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392392 1 negotiations have been completed or otherwise terminated.
393393 2 With regard to a parcel involved in a pending or actually
394394 3 and reasonably contemplated eminent domain proceeding
395395 4 under the Eminent Domain Act, records, documents, and
396396 5 information relating to that parcel shall be exempt except
397397 6 as may be allowed under discovery rules adopted by the
398398 7 Illinois Supreme Court. The records, documents, and
399399 8 information relating to a real estate sale shall be exempt
400400 9 until a sale is consummated.
401401 10 (s) Any and all proprietary information and records
402402 11 related to the operation of an intergovernmental risk
403403 12 management association or self-insurance pool or jointly
404404 13 self-administered health and accident cooperative or pool.
405405 14 Insurance or self-insurance (including any
406406 15 intergovernmental risk management association or
407407 16 self-insurance pool) claims, loss or risk management
408408 17 information, records, data, advice, or communications.
409409 18 (t) Information contained in or related to
410410 19 examination, operating, or condition reports prepared by,
411411 20 on behalf of, or for the use of a public body responsible
412412 21 for the regulation or supervision of financial
413413 22 institutions, insurance companies, or pharmacy benefit
414414 23 managers, unless disclosure is otherwise required by State
415415 24 law.
416416 25 (u) Information that would disclose or might lead to
417417 26 the disclosure of secret or confidential information,
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428428 1 codes, algorithms, programs, or private keys intended to
429429 2 be used to create electronic signatures under the Uniform
430430 3 Electronic Transactions Act.
431431 4 (v) Vulnerability assessments, security measures, and
432432 5 response policies or plans that are designed to identify,
433433 6 prevent, or respond to potential attacks upon a
434434 7 community's population or systems, facilities, or
435435 8 installations, but only to the extent that disclosure
436436 9 could reasonably be expected to expose the vulnerability
437437 10 or jeopardize the effectiveness of the measures, policies,
438438 11 or plans, or the safety of the personnel who implement
439439 12 them or the public. Information exempt under this item may
440440 13 include such things as details pertaining to the
441441 14 mobilization or deployment of personnel or equipment, to
442442 15 the operation of communication systems or protocols, to
443443 16 cybersecurity vulnerabilities, or to tactical operations.
444444 17 (w) (Blank).
445445 18 (x) Maps and other records regarding the location or
446446 19 security of generation, transmission, distribution,
447447 20 storage, gathering, treatment, or switching facilities
448448 21 owned by a utility, by a power generator, or by the
449449 22 Illinois Power Agency.
450450 23 (y) Information contained in or related to proposals,
451451 24 bids, or negotiations related to electric power
452452 25 procurement under Section 1-75 of the Illinois Power
453453 26 Agency Act and Section 16-111.5 of the Public Utilities
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464464 1 Act that is determined to be confidential and proprietary
465465 2 by the Illinois Power Agency or by the Illinois Commerce
466466 3 Commission.
467467 4 (z) Information about students exempted from
468468 5 disclosure under Section 10-20.38 or 34-18.29 of the
469469 6 School Code, and information about undergraduate students
470470 7 enrolled at an institution of higher education exempted
471471 8 from disclosure under Section 25 of the Illinois Credit
472472 9 Card Marketing Act of 2009.
473473 10 (aa) Information the disclosure of which is exempted
474474 11 under the Viatical Settlements Act of 2009.
475475 12 (bb) Records and information provided to a mortality
476476 13 review team and records maintained by a mortality review
477477 14 team appointed under the Department of Juvenile Justice
478478 15 Mortality Review Team Act.
479479 16 (cc) Information regarding interments, entombments, or
480480 17 inurnments of human remains that are submitted to the
481481 18 Cemetery Oversight Database under the Cemetery Care Act or
482482 19 the Cemetery Oversight Act, whichever is applicable.
483483 20 (dd) Correspondence and records (i) that may not be
484484 21 disclosed under Section 11-9 of the Illinois Public Aid
485485 22 Code or (ii) that pertain to appeals under Section 11-8 of
486486 23 the Illinois Public Aid Code.
487487 24 (ee) The names, addresses, or other personal
488488 25 information of persons who are minors and are also
489489 26 participants and registrants in programs of park
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500500 1 districts, forest preserve districts, conservation
501501 2 districts, recreation agencies, and special recreation
502502 3 associations.
503503 4 (ff) The names, addresses, or other personal
504504 5 information of participants and registrants in programs of
505505 6 park districts, forest preserve districts, conservation
506506 7 districts, recreation agencies, and special recreation
507507 8 associations where such programs are targeted primarily to
508508 9 minors.
509509 10 (gg) Confidential information described in Section
510510 11 1-100 of the Illinois Independent Tax Tribunal Act of
511511 12 2012.
512512 13 (hh) The report submitted to the State Board of
513513 14 Education by the School Security and Standards Task Force
514514 15 under item (8) of subsection (d) of Section 2-3.160 of the
515515 16 School Code and any information contained in that report.
516516 17 (ii) Records requested by persons committed to or
517517 18 detained by the Department of Human Services under the
518518 19 Sexually Violent Persons Commitment Act or committed to
519519 20 the Department of Corrections under the Sexually Dangerous
520520 21 Persons Act if those materials: (i) are available in the
521521 22 library of the facility where the individual is confined;
522522 23 (ii) include records from staff members' personnel files,
523523 24 staff rosters, or other staffing assignment information;
524524 25 or (iii) are available through an administrative request
525525 26 to the Department of Human Services or the Department of
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536536 1 Corrections.
537537 2 (jj) Confidential information described in Section
538538 3 5-535 of the Civil Administrative Code of Illinois.
539539 4 (kk) The public body's credit card numbers, debit card
540540 5 numbers, bank account numbers, Federal Employer
541541 6 Identification Number, security code numbers, passwords,
542542 7 and similar account information, the disclosure of which
543543 8 could result in identity theft or impression or defrauding
544544 9 of a governmental entity or a person.
545545 10 (ll) Records concerning the work of the threat
546546 11 assessment team of a school district, including, but not
547547 12 limited to, any threat assessment procedure under the
548548 13 School Safety Drill Act and any information contained in
549549 14 the procedure.
550550 15 (mm) Information prohibited from being disclosed under
551551 16 subsections (a) and (b) of Section 15 of the Student
552552 17 Confidential Reporting Act.
553553 18 (nn) Proprietary information submitted to the
554554 19 Environmental Protection Agency under the Drug Take-Back
555555 20 Act.
556556 21 (oo) Records described in subsection (f) of Section
557557 22 3-5-1 of the Unified Code of Corrections.
558558 23 (pp) Any and all information regarding burials,
559559 24 interments, or entombments of human remains as required to
560560 25 be reported to the Department of Natural Resources
561561 26 pursuant either to the Archaeological and Paleontological
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572572 1 Resources Protection Act or the Human Remains Protection
573573 2 Act.
574574 3 (qq) Reports described in subsection (e) of Section
575575 4 16-15 of the Abortion Care Clinical Training Program Act.
576576 5 (rr) Information obtained by a certified local health
577577 6 department under the Access to Public Health Data Act.
578578 7 (ss) For a request directed to a public body that is
579579 8 also a HIPAA-covered entity, all information that is
580580 9 protected health information, including demographic
581581 10 information, that may be contained within or extracted
582582 11 from any record held by the public body in compliance with
583583 12 State and federal medical privacy laws and regulations,
584584 13 including, but not limited to, the Health Insurance
585585 14 Portability and Accountability Act and its regulations, 45
586586 15 CFR Parts 160 and 164. As used in this paragraph,
587587 16 "HIPAA-covered entity" has the meaning given to the term
588588 17 "covered entity" in 45 CFR 160.103 and "protected health
589589 18 information" has the meaning given to that term in 45 CFR
590590 19 160.103.
591591 20 (tt) Proposals or bids submitted by engineering
592592 21 consultants in response to requests for proposal or other
593593 22 competitive bidding requests by the Department of
594594 23 Transportation or the Illinois Toll Highway Authority.
595595 24 (1.5) Any information exempt from disclosure under the
596596 25 Judicial Privacy Act shall be redacted from public records
597597 26 prior to disclosure under this Act.
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