104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3465 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/7730 ILCS 5/5-8A-10 new Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act. LRB104 10055 RLC 20126 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3465 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED: 5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/7730 ILCS 5/5-8A-10 new 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 730 ILCS 5/5-8A-10 new Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act. LRB104 10055 RLC 20126 b LRB104 10055 RLC 20126 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3465 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/7730 ILCS 5/5-8A-10 new 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 730 ILCS 5/5-8A-10 new
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
730 ILCS 5/5-8A-10 new
Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act.
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A BILL FOR
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HB3465 LRB104 10055 RLC 20126 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Sections 2 and 7 as follows:
6 (5 ILCS 140/2) (from Ch. 116, par. 202)
7 Sec. 2. Definitions. As used in this Act:
8 (a) "Public body" means all legislative, executive,
9 administrative, or advisory bodies of the State, state
10 universities and colleges, counties, townships, cities,
11 villages, incorporated towns, school districts and all other
12 municipal corporations, boards, bureaus, committees, or
13 commissions of this State, any subsidiary bodies of any of the
14 foregoing including but not limited to committees and
15 subcommittees thereof, and a School Finance Authority created
16 under Article 1E of the School Code. "Public body" does not
17 include a child death review team or the Illinois Child Death
18 Review Teams Executive Council established under the Child
19 Death Review Team Act, or a regional youth advisory board or
20 the Statewide Youth Advisory Board established under the
21 Department of Children and Family Services Statewide Youth
22 Advisory Board Act.
23 (b) "Person" means any individual, corporation,
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3465 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED:
5 ILCS 140/2 from Ch. 116, par. 2025 ILCS 140/7730 ILCS 5/5-8A-10 new 5 ILCS 140/2 from Ch. 116, par. 202 5 ILCS 140/7 730 ILCS 5/5-8A-10 new
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
730 ILCS 5/5-8A-10 new
Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act.
LRB104 10055 RLC 20126 b LRB104 10055 RLC 20126 b
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A BILL FOR
5 ILCS 140/2 from Ch. 116, par. 202
5 ILCS 140/7
730 ILCS 5/5-8A-10 new
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1 partnership, firm, organization or association, acting
2 individually or as a group.
3 (c) "Public records" means all records, reports, forms,
4 writings, letters, memoranda, books, papers, maps,
5 photographs, microfilms, cards, tapes, recordings, electronic
6 data processing records, electronic communications, recorded
7 information and all other documentary materials pertaining to
8 the transaction of public business, regardless of physical
9 form or characteristics, having been prepared by or for, or
10 having been or being used by, received by, in the possession
11 of, or under the control of any public body. "Public records"
12 includes records of the names of persons on electronic
13 monitoring and the number of times a person on electronic
14 monitoring has violated the terms of electronic monitoring and
15 includes court records of that information. These records are
16 subject to inspection and copying under this Act even if the
17 records are maintained in a judicial office or by a judicial
18 official. In this Act, "judicial office" means the circuit,
19 Appellate, or Supreme Court of this State and "judicial
20 official" means a judge or associate judge of the circuit
21 court of this State, a judge of the Appellate or Supreme Court
22 of this State, or the clerk of the circuit, Appellate, or
23 Supreme Court of this State.
24 (c-5) "Private information" means unique identifiers,
25 including a person's social security number, driver's license
26 number, employee identification number, biometric identifiers,
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1 personal financial information, passwords or other access
2 codes, medical records, home or personal telephone numbers,
3 and personal email addresses. Private information also
4 includes home address and personal license plates, except as
5 otherwise provided by law or when compiled without possibility
6 of attribution to any person. For a public body that is a
7 HIPAA-covered entity, "private information" includes
8 electronic medical records and all information, including
9 demographic information, contained within or extracted from an
10 electronic medical records system operated or maintained by
11 the public body in compliance with State and federal medical
12 privacy laws and regulations, including, but not limited to,
13 the Health Insurance Portability and Accountability Act and
14 its regulations, 45 CFR Parts 160 and 164. As used in this
15 subsection, "HIPAA-covered entity" has the meaning given to
16 the term "covered entity" in 45 CFR 160.103.
17 (c-10) "Commercial purpose" means the use of any part of a
18 public record or records, or information derived from public
19 records, in any form for sale, resale, or solicitation or
20 advertisement for sales or services. For purposes of this
21 definition, requests made by news media and non-profit,
22 scientific, or academic organizations shall not be considered
23 to be made for a "commercial purpose" when the principal
24 purpose of the request is (i) to access and disseminate
25 information concerning news and current or passing events,
26 (ii) for articles of opinion or features of interest to the
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1 public, or (iii) for the purpose of academic, scientific, or
2 public research or education.
3 (d) "Copying" means the reproduction of any public record
4 by means of any photographic, electronic, mechanical or other
5 process, device or means now known or hereafter developed and
6 available to the public body.
7 (e) "Head of the public body" means the president, mayor,
8 chairman, presiding officer, director, superintendent,
9 manager, supervisor or individual otherwise holding primary
10 executive and administrative authority for the public body, or
11 such person's duly authorized designee.
12 (f) "News media" means a newspaper or other periodical
13 issued at regular intervals whether in print or electronic
14 format, a news service whether in print or electronic format,
15 a radio station, a television station, a television network, a
16 community antenna television service, or a person or
17 corporation engaged in making news reels or other motion
18 picture news for public showing.
19 (g) "Recurrent requester", as used in Section 3.2 of this
20 Act, means a person that, in the 12 months immediately
21 preceding the request, has submitted to the same public body
22 (i) a minimum of 50 requests for records, (ii) a minimum of 15
23 requests for records within a 30-day period, or (iii) a
24 minimum of 7 requests for records within a 7-day period. For
25 purposes of this definition, requests made by news media and
26 non-profit, scientific, or academic organizations shall not be
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1 considered in calculating the number of requests made in the
2 time periods in this definition when the principal purpose of
3 the requests is (i) to access and disseminate information
4 concerning news and current or passing events, (ii) for
5 articles of opinion or features of interest to the public, or
6 (iii) for the purpose of academic, scientific, or public
7 research or education.
8 For the purposes of this subsection (g), "request" means a
9 written document (or oral request, if the public body chooses
10 to honor oral requests) that is submitted to a public body via
11 personal delivery, mail, telefax, electronic mail, or other
12 means available to the public body and that identifies the
13 particular public record the requester seeks. One request may
14 identify multiple records to be inspected or copied.
15 (h) "Voluminous request" means a request that: (i)
16 includes more than 5 individual requests for more than 5
17 different categories of records or a combination of individual
18 requests that total requests for more than 5 different
19 categories of records in a period of 20 business days; or (ii)
20 requires the compilation of more than 500 letter or
21 legal-sized pages of public records unless a single requested
22 record exceeds 500 pages. "Single requested record" may
23 include, but is not limited to, one report, form, e-mail,
24 letter, memorandum, book, map, microfilm, tape, or recording.
25 "Voluminous request" does not include a request made by
26 news media and non-profit, scientific, or academic
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1 organizations if the principal purpose of the request is: (1)
2 to access and disseminate information concerning news and
3 current or passing events; (2) for articles of opinion or
4 features of interest to the public; or (3) for the purpose of
5 academic, scientific, or public research or education.
6 For the purposes of this subsection (h), "request" means a
7 written document, or oral request, if the public body chooses
8 to honor oral requests, that is submitted to a public body via
9 personal delivery, mail, telefax, electronic mail, or other
10 means available to the public body and that identifies the
11 particular public record or records the requester seeks. One
12 request may identify multiple individual records to be
13 inspected or copied.
14 (i) "Severance agreement" means a mutual agreement between
15 any public body and its employee for the employee's
16 resignation in exchange for payment by the public body.
17 (Source: P.A. 103-554, eff. 1-1-24.)
18 (5 ILCS 140/7)
19 Sec. 7. Exemptions.
20 (1) When a request is made to inspect or copy a public
21 record that contains information that is exempt from
22 disclosure under this Section, but also contains information
23 that is not exempt from disclosure, the public body may elect
24 to redact the information that is exempt. The public body
25 shall make the remaining information available for inspection
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1 and copying. Subject to this requirement, the following shall
2 be exempt from inspection and copying:
3 (a) Information specifically prohibited from
4 disclosure by federal or State law or rules and
5 regulations implementing federal or State law.
6 (b) Private information, unless disclosure is required
7 by another provision of this Act, a State or federal law,
8 or a court order.
9 (b-5) Files, documents, and other data or databases
10 maintained by one or more law enforcement agencies and
11 specifically designed to provide information to one or
12 more law enforcement agencies regarding the physical or
13 mental status of one or more individual subjects.
14 (c) Personal information contained within public
15 records, the disclosure of which would constitute a
16 clearly unwarranted invasion of personal privacy, unless
17 the disclosure is consented to in writing by the
18 individual subjects of the information. "Unwarranted
19 invasion of personal privacy" means the disclosure of
20 information that is highly personal or objectionable to a
21 reasonable person and in which the subject's right to
22 privacy outweighs any legitimate public interest in
23 obtaining the information. The disclosure of information
24 that bears on the public duties of public employees and
25 officials shall not be considered an invasion of personal
26 privacy.
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1 (d) Records in the possession of any public body
2 created in the course of administrative enforcement
3 proceedings, and any law enforcement or correctional
4 agency for law enforcement purposes, but only to the
5 extent that disclosure would:
6 (i) interfere with pending or actually and
7 reasonably contemplated law enforcement proceedings
8 conducted by any law enforcement or correctional
9 agency that is the recipient of the request;
10 (ii) interfere with active administrative
11 enforcement proceedings conducted by the public body
12 that is the recipient of the request;
13 (iii) create a substantial likelihood that a
14 person will be deprived of a fair trial or an impartial
15 hearing;
16 (iv) unavoidably disclose the identity of a
17 confidential source, confidential information
18 furnished only by the confidential source, or persons
19 who file complaints with or provide information to
20 administrative, investigative, law enforcement, or
21 penal agencies; except that the identities of
22 witnesses to traffic crashes, traffic crash reports,
23 and rescue reports shall be provided by agencies of
24 local government, except when disclosure would
25 interfere with an active criminal investigation
26 conducted by the agency that is the recipient of the
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1 request;
2 (v) disclose unique or specialized investigative
3 techniques other than those generally used and known
4 or disclose internal documents of correctional
5 agencies related to detection, observation, or
6 investigation of incidents of crime or misconduct, and
7 disclosure would result in demonstrable harm to the
8 agency or public body that is the recipient of the
9 request;
10 (vi) endanger the life or physical safety of law
11 enforcement personnel or any other person; or
12 (vii) obstruct an ongoing criminal investigation
13 by the agency that is the recipient of the request.
14 (d-5) A law enforcement record created for law
15 enforcement purposes and contained in a shared electronic
16 record management system if the law enforcement agency
17 that is the recipient of the request did not create the
18 record, did not participate in or have a role in any of the
19 events which are the subject of the record, and only has
20 access to the record through the shared electronic record
21 management system.
22 (d-6) Records contained in the Officer Professional
23 Conduct Database under Section 9.2 of the Illinois Police
24 Training Act, except to the extent authorized under that
25 Section. This includes the documents supplied to the
26 Illinois Law Enforcement Training Standards Board from the
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1 Illinois State Police and Illinois State Police Merit
2 Board.
3 (d-7) Information gathered or records created from the
4 use of automatic license plate readers in connection with
5 Section 2-130 of the Illinois Vehicle Code.
6 (e) Records that relate to or affect the security of
7 correctional institutions and detention facilities.
8 (e-5) Records requested by persons committed to the
9 Department of Corrections, Department of Human Services
10 Division of Mental Health, or a county jail if those
11 materials are available in the library of the correctional
12 institution or facility or jail where the inmate is
13 confined.
14 (e-6) Records requested by persons committed to the
15 Department of Corrections, Department of Human Services
16 Division of Mental Health, or a county jail if those
17 materials include records from staff members' personnel
18 files, staff rosters, or other staffing assignment
19 information.
20 (e-7) Records requested by persons committed to the
21 Department of Corrections or Department of Human Services
22 Division of Mental Health if those materials are available
23 through an administrative request to the Department of
24 Corrections or Department of Human Services Division of
25 Mental Health.
26 (e-8) Records requested by a person committed to the
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1 Department of Corrections, Department of Human Services
2 Division of Mental Health, or a county jail, the
3 disclosure of which would result in the risk of harm to any
4 person or the risk of an escape from a jail or correctional
5 institution or facility.
6 (e-9) Records requested by a person in a county jail
7 or committed to the Department of Corrections or
8 Department of Human Services Division of Mental Health,
9 containing personal information pertaining to the person's
10 victim or the victim's family, including, but not limited
11 to, a victim's home address, home telephone number, work
12 or school address, work telephone number, social security
13 number, or any other identifying information, except as
14 may be relevant to a requester's current or potential case
15 or claim.
16 (e-10) Law enforcement records of other persons
17 requested by a person committed to the Department of
18 Corrections, Department of Human Services Division of
19 Mental Health, or a county jail, including, but not
20 limited to, arrest and booking records, mug shots, and
21 crime scene photographs, except as these records may be
22 relevant to the requester's current or potential case or
23 claim.
24 (f) Preliminary drafts, notes, recommendations,
25 memoranda, and other records in which opinions are
26 expressed, or policies or actions are formulated, except
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1 that a specific record or relevant portion of a record
2 shall not be exempt when the record is publicly cited and
3 identified by the head of the public body. The exemption
4 provided in this paragraph (f) extends to all those
5 records of officers and agencies of the General Assembly
6 that pertain to the preparation of legislative documents.
7 (g) Trade secrets and commercial or financial
8 information obtained from a person or business where the
9 trade secrets or commercial or financial information are
10 furnished under a claim that they are proprietary,
11 privileged, or confidential, and that disclosure of the
12 trade secrets or commercial or financial information would
13 cause competitive harm to the person or business, and only
14 insofar as the claim directly applies to the records
15 requested.
16 The information included under this exemption includes
17 all trade secrets and commercial or financial information
18 obtained by a public body, including a public pension
19 fund, from a private equity fund or a privately held
20 company within the investment portfolio of a private
21 equity fund as a result of either investing or evaluating
22 a potential investment of public funds in a private equity
23 fund. The exemption contained in this item does not apply
24 to the aggregate financial performance information of a
25 private equity fund, nor to the identity of the fund's
26 managers or general partners. The exemption contained in
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1 this item does not apply to the identity of a privately
2 held company within the investment portfolio of a private
3 equity fund, unless the disclosure of the identity of a
4 privately held company may cause competitive harm.
5 Nothing contained in this paragraph (g) shall be
6 construed to prevent a person or business from consenting
7 to disclosure.
8 (h) Proposals and bids for any contract, grant, or
9 agreement, including information which if it were
10 disclosed would frustrate procurement or give an advantage
11 to any person proposing to enter into a contractor
12 agreement with the body, until an award or final selection
13 is made. Information prepared by or for the body in
14 preparation of a bid solicitation shall be exempt until an
15 award or final selection is made.
16 (i) Valuable formulae, computer geographic systems,
17 designs, drawings, and research data obtained or produced
18 by any public body when disclosure could reasonably be
19 expected to produce private gain or public loss. The
20 exemption for "computer geographic systems" provided in
21 this paragraph (i) does not extend to requests made by
22 news media as defined in Section 2 of this Act when the
23 requested information is not otherwise exempt and the only
24 purpose of the request is to access and disseminate
25 information regarding the health, safety, welfare, or
26 legal rights of the general public.
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1 (j) The following information pertaining to
2 educational matters:
3 (i) test questions, scoring keys, and other
4 examination data used to administer an academic
5 examination;
6 (ii) information received by a primary or
7 secondary school, college, or university under its
8 procedures for the evaluation of faculty members by
9 their academic peers;
10 (iii) information concerning a school or
11 university's adjudication of student disciplinary
12 cases, but only to the extent that disclosure would
13 unavoidably reveal the identity of the student; and
14 (iv) course materials or research materials used
15 by faculty members.
16 (k) Architects' plans, engineers' technical
17 submissions, and other construction related technical
18 documents for projects not constructed or developed in
19 whole or in part with public funds and the same for
20 projects constructed or developed with public funds,
21 including, but not limited to, power generating and
22 distribution stations and other transmission and
23 distribution facilities, water treatment facilities,
24 airport facilities, sport stadiums, convention centers,
25 and all government owned, operated, or occupied buildings,
26 but only to the extent that disclosure would compromise
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1 security.
2 (l) Minutes of meetings of public bodies closed to the
3 public as provided in the Open Meetings Act until the
4 public body makes the minutes available to the public
5 under Section 2.06 of the Open Meetings Act.
6 (m) Communications between a public body and an
7 attorney or auditor representing the public body that
8 would not be subject to discovery in litigation, and
9 materials prepared or compiled by or for a public body in
10 anticipation of a criminal, civil, or administrative
11 proceeding upon the request of an attorney advising the
12 public body, and materials prepared or compiled with
13 respect to internal audits of public bodies.
14 (n) Records relating to a public body's adjudication
15 of employee grievances or disciplinary cases; however,
16 this exemption shall not extend to the final outcome of
17 cases in which discipline is imposed.
18 (o) Administrative or technical information associated
19 with automated data processing operations, including, but
20 not limited to, software, operating protocols, computer
21 program abstracts, file layouts, source listings, object
22 modules, load modules, user guides, documentation
23 pertaining to all logical and physical design of
24 computerized systems, employee manuals, and any other
25 information that, if disclosed, would jeopardize the
26 security of the system or its data or the security of
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1 materials exempt under this Section.
2 (p) Records relating to collective negotiating matters
3 between public bodies and their employees or
4 representatives, except that any final contract or
5 agreement shall be subject to inspection and copying.
6 (q) Test questions, scoring keys, and other
7 examination data used to determine the qualifications of
8 an applicant for a license or employment.
9 (r) The records, documents, and information relating
10 to real estate purchase negotiations until those
11 negotiations have been completed or otherwise terminated.
12 With regard to a parcel involved in a pending or actually
13 and reasonably contemplated eminent domain proceeding
14 under the Eminent Domain Act, records, documents, and
15 information relating to that parcel shall be exempt except
16 as may be allowed under discovery rules adopted by the
17 Illinois Supreme Court. The records, documents, and
18 information relating to a real estate sale shall be exempt
19 until a sale is consummated.
20 (s) Any and all proprietary information and records
21 related to the operation of an intergovernmental risk
22 management association or self-insurance pool or jointly
23 self-administered health and accident cooperative or pool.
24 Insurance or self-insurance (including any
25 intergovernmental risk management association or
26 self-insurance pool) claims, loss or risk management
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1 information, records, data, advice, or communications.
2 (t) Information contained in or related to
3 examination, operating, or condition reports prepared by,
4 on behalf of, or for the use of a public body responsible
5 for the regulation or supervision of financial
6 institutions, insurance companies, or pharmacy benefit
7 managers, unless disclosure is otherwise required by State
8 law.
9 (u) Information that would disclose or might lead to
10 the disclosure of secret or confidential information,
11 codes, algorithms, programs, or private keys intended to
12 be used to create electronic signatures under the Uniform
13 Electronic Transactions Act.
14 (v) Vulnerability assessments, security measures, and
15 response policies or plans that are designed to identify,
16 prevent, or respond to potential attacks upon a
17 community's population or systems, facilities, or
18 installations, but only to the extent that disclosure
19 could reasonably be expected to expose the vulnerability
20 or jeopardize the effectiveness of the measures, policies,
21 or plans, or the safety of the personnel who implement
22 them or the public. Information exempt under this item may
23 include such things as details pertaining to the
24 mobilization or deployment of personnel or equipment, to
25 the operation of communication systems or protocols, to
26 cybersecurity vulnerabilities, or to tactical operations.
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1 (w) (Blank).
2 (x) Maps and other records regarding the location or
3 security of generation, transmission, distribution,
4 storage, gathering, treatment, or switching facilities
5 owned by a utility, by a power generator, or by the
6 Illinois Power Agency.
7 (y) Information contained in or related to proposals,
8 bids, or negotiations related to electric power
9 procurement under Section 1-75 of the Illinois Power
10 Agency Act and Section 16-111.5 of the Public Utilities
11 Act that is determined to be confidential and proprietary
12 by the Illinois Power Agency or by the Illinois Commerce
13 Commission.
14 (z) Information about students exempted from
15 disclosure under Section 10-20.38 or 34-18.29 of the
16 School Code, and information about undergraduate students
17 enrolled at an institution of higher education exempted
18 from disclosure under Section 25 of the Illinois Credit
19 Card Marketing Act of 2009.
20 (aa) Information the disclosure of which is exempted
21 under the Viatical Settlements Act of 2009.
22 (bb) Records and information provided to a mortality
23 review team and records maintained by a mortality review
24 team appointed under the Department of Juvenile Justice
25 Mortality Review Team Act.
26 (cc) Information regarding interments, entombments, or
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1 inurnments of human remains that are submitted to the
2 Cemetery Oversight Database under the Cemetery Care Act or
3 the Cemetery Oversight Act, whichever is applicable.
4 (dd) Correspondence and records (i) that may not be
5 disclosed under Section 11-9 of the Illinois Public Aid
6 Code or (ii) that pertain to appeals under Section 11-8 of
7 the Illinois Public Aid Code.
8 (ee) The names, addresses, or other personal
9 information of persons who are minors and are also
10 participants and registrants in programs of park
11 districts, forest preserve districts, conservation
12 districts, recreation agencies, and special recreation
13 associations.
14 (ff) The names, addresses, or other personal
15 information of participants and registrants in programs of
16 park districts, forest preserve districts, conservation
17 districts, recreation agencies, and special recreation
18 associations where such programs are targeted primarily to
19 minors.
20 (gg) Confidential information described in Section
21 1-100 of the Illinois Independent Tax Tribunal Act of
22 2012.
23 (hh) The report submitted to the State Board of
24 Education by the School Security and Standards Task Force
25 under item (8) of subsection (d) of Section 2-3.160 of the
26 School Code and any information contained in that report.
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1 (ii) Records requested by persons committed to or
2 detained by the Department of Human Services under the
3 Sexually Violent Persons Commitment Act or committed to
4 the Department of Corrections under the Sexually Dangerous
5 Persons Act if those materials: (i) are available in the
6 library of the facility where the individual is confined;
7 (ii) include records from staff members' personnel files,
8 staff rosters, or other staffing assignment information;
9 or (iii) are available through an administrative request
10 to the Department of Human Services or the Department of
11 Corrections.
12 (jj) Confidential information described in Section
13 5-535 of the Civil Administrative Code of Illinois.
14 (kk) The public body's credit card numbers, debit card
15 numbers, bank account numbers, Federal Employer
16 Identification Number, security code numbers, passwords,
17 and similar account information, the disclosure of which
18 could result in identity theft or impression or defrauding
19 of a governmental entity or a person.
20 (ll) Records concerning the work of the threat
21 assessment team of a school district, including, but not
22 limited to, any threat assessment procedure under the
23 School Safety Drill Act and any information contained in
24 the procedure.
25 (mm) Information prohibited from being disclosed under
26 subsections (a) and (b) of Section 15 of the Student
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1 Confidential Reporting Act.
2 (nn) Proprietary information submitted to the
3 Environmental Protection Agency under the Drug Take-Back
4 Act.
5 (oo) Records described in subsection (f) of Section
6 3-5-1 of the Unified Code of Corrections.
7 (pp) Any and all information regarding burials,
8 interments, or entombments of human remains as required to
9 be reported to the Department of Natural Resources
10 pursuant either to the Archaeological and Paleontological
11 Resources Protection Act or the Human Remains Protection
12 Act.
13 (qq) Reports described in subsection (e) of Section
14 16-15 of the Abortion Care Clinical Training Program Act.
15 (rr) Information obtained by a certified local health
16 department under the Access to Public Health Data Act.
17 (ss) For a request directed to a public body that is
18 also a HIPAA-covered entity, all information that is
19 protected health information, including demographic
20 information, that may be contained within or extracted
21 from any record held by the public body in compliance with
22 State and federal medical privacy laws and regulations,
23 including, but not limited to, the Health Insurance
24 Portability and Accountability Act and its regulations, 45
25 CFR Parts 160 and 164. As used in this paragraph,
26 "HIPAA-covered entity" has the meaning given to the term
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1 "covered entity" in 45 CFR 160.103 and "protected health
2 information" has the meaning given to that term in 45 CFR
3 160.103.
4 (tt) Proposals or bids submitted by engineering
5 consultants in response to requests for proposal or other
6 competitive bidding requests by the Department of
7 Transportation or the Illinois Toll Highway Authority.
8 (1.5) Any information exempt from disclosure under the
9 Judicial Privacy Act shall be redacted from public records
10 prior to disclosure under this Act.
11 (2) A public record that is not in the possession of a
12 public body but is in the possession of a party with whom the
13 agency has contracted to perform a governmental function on
14 behalf of the public body, and that directly relates to the
15 governmental function and is not otherwise exempt under this
16 Act, shall be considered a public record of the public body,
17 for purposes of this Act.
18 (3) This Section does not authorize withholding of
19 information or limit the availability of records to the
20 public, except as stated in this Section or otherwise provided
21 in this Act.
22 (4) Notwithstanding any other provision of this Act to the
23 contrary, this Act does not authorize withholding of
24 information or limit the availability of records to the public
25 that contain the names of persons on electronic monitoring and
26 the number of times a person on electronic monitoring has
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1 violated the terms of electronic monitoring.
2 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
3 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
4 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
5 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
6 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
7 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605,
8 eff. 7-1-24; 103-865, eff. 1-1-25.)
9 Section 10. The Unified Code of Corrections is amended by
10 adding Section 5-8A-10 as follows:
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