102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5374
 
Introduced , by Rep. Daniel Didech
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider security procedures, school building safety and security, and the use of personnel, equipment, reporting to law enforcement, or legal action to respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students, staff, the public, or
public
property. Amends the Freedom of Information Act. Exempts from inspection and copying records concerning a school employee's determination about whether an individual poses a clear and present danger, a school district's report of a threat to law enforcement, or an action by a school district under the Firearms Restraining Order Act. Amends the Mental Health and Developmental Disabilities Code. Provides that when the Illinois State Police is notified that a person has been determined to pose a clear and present danger, it shall determine whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Amends the Firearm Owners Identification Card Act. Provides that when the Illinois State Police is notified that a person has been determined to pose a clear and present danger, the Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card and whether to file an action under the Firearms Restraining Order Act with that person as the respondent. Provides that any information disclosed under this provision shall remain privileged and confidential, and shall not be redisclosed, except as required under the provisions reporting a person who is prohibited from possessing a firearm to the National Instant Criminal Background Check System Index, Denied Persons Files or for the purpose of an action under the Firearms Restraining Order Act. Amends the Firearms Restraining Order Act. Provides that a school district board of directors or board of education may by policy or resolution authorize a designee or designees to file petitions for firearms restraining orders on its behalf with or without prior board approval of a specific petition. Provides that for any petition filed by a designee without prior board approval, the board must approve a resolution ratifying the specific petition as soon as possible after the filing of the petition, but no later than 30 days after the filing of the petition.



LRB102 23412 RLC 32581 b


 
 
A BILL FOR
 


HB5374LRB102 23412 RLC 32581 b



1 AN ACT concerning firearms.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Open Meetings Act is amended by changing 
5Section 2 as follows:




6 (5 ILCS 120/2) (from Ch. 102, par. 42)



7 Sec. 2. Open meetings. 

8 (a) Openness required. All meetings of public
bodies shall 
9be open to the public unless excepted in subsection (c)
and 
10closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained 
12in subsection
(c) are in derogation of the requirement that 
13public bodies
meet in the open, and therefore, the exceptions 
14are to be strictly
construed, extending only to subjects 
15clearly within their scope.
The exceptions authorize but do 
16not require the holding of
a closed meeting to discuss a 
17subject included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to 
19consider the
following subjects:

20  (1) The appointment, employment, compensation, 
21 discipline, performance,
or dismissal of specific 
22 employees, specific individuals who serve as independent 
23 contractors in a park, recreational, or educational 
 
 
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1 setting, or specific volunteers of the public body or 
2 legal counsel for
the public body, including hearing

3 testimony on a complaint lodged against an employee, a 
4 specific individual who serves as an independent 
5 contractor in a park, recreational, or educational 
6 setting, or a volunteer of the public body or
against 
7 legal counsel for the public body to determine its 
8 validity. However, a meeting to consider an increase in 
9 compensation to a specific employee of a public body that 
10 is subject to the Local Government Wage Increase 
11 Transparency Act may not be closed and shall be open to the 
12 public and posted and held in accordance with this Act.

13  (2) Collective negotiating matters between the public 
14 body and its
employees or their representatives, or 
15 deliberations concerning salary
schedules for one or more 
16 classes of employees.

17  (3) The selection of a person to fill a public office,

18 as defined in this Act, including a vacancy in a public 
19 office, when the public
body is given power to appoint 
20 under law or ordinance, or the discipline,
performance or 
21 removal of the occupant of a public office, when the 
22 public body
is given power to remove the occupant under 
23 law or ordinance. 

24  (4) Evidence or testimony presented in open hearing, 
25 or in closed
hearing where specifically authorized by law, 
26 to
a quasi-adjudicative body, as defined in this Act, 
 
 
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1 provided that the body
prepares and makes available for 
2 public inspection a written decision
setting forth its 
3 determinative reasoning.

4  (5) The purchase or lease of real property for the use 
5 of
the public body, including meetings held for the 
6 purpose of discussing
whether a particular parcel should 
7 be acquired.

8  (6) The setting of a price for sale or lease of 
9 property owned
by the public body.

10  (7) The sale or purchase of securities, investments, 
11 or investment
contracts. This exception shall not apply to 
12 the investment of assets or income of funds deposited into 
13 the Illinois Prepaid Tuition Trust Fund. 

14  (8) Security procedures, school building safety and 
15 security, and the use of personnel, and
equipment, 
16 reporting to law enforcement, or legal action to respond 
17 to an actual, a threatened, or a reasonably
potential 
18 danger to the safety of employees, students, staff, the 
19 public, or
public
property.

20  (9) Student disciplinary cases.

21  (10) The placement of individual students in special 
22 education
programs and other matters relating to 
23 individual students.

24  (11) Litigation, when an action against, affecting or 
25 on behalf of the
particular public body has been filed and 
26 is pending before a court or
administrative tribunal, or 
 
 
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1 when the public body finds that an action is
probable or 
2 imminent, in which case the basis for the finding shall be

3 recorded and entered into the minutes of the closed 
4 meeting.

5  (12) The establishment of reserves or settlement of 
6 claims as provided
in the Local Governmental and 
7 Governmental Employees Tort Immunity Act, if
otherwise the 
8 disposition of a claim or potential claim might be

9 prejudiced, or the review or discussion of claims, loss or 
10 risk management
information, records, data, advice or 
11 communications from or with respect
to any insurer of the 
12 public body or any intergovernmental risk management

13 association or self insurance pool of which the public 
14 body is a member.

15  (13) Conciliation of complaints of discrimination in 
16 the sale or rental
of housing, when closed meetings are 
17 authorized by the law or ordinance
prescribing fair 
18 housing practices and creating a commission or

19 administrative agency for their enforcement.

20  (14) Informant sources, the hiring or assignment of 
21 undercover personnel
or equipment, or ongoing, prior or 
22 future criminal investigations, when
discussed by a public 
23 body with criminal investigatory responsibilities.

24  (15) Professional ethics or performance when 
25 considered by an advisory
body appointed to advise a 
26 licensing or regulatory agency on matters
germane to the 
 
 
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1 advisory body's field of competence.

2  (16) Self evaluation, practices and procedures or 
3 professional ethics,
when meeting with a representative of 
4 a statewide association of which the
public body is a 
5 member.

6  (17) The recruitment, credentialing, discipline or 
7 formal peer review
of physicians or other
health care 
8 professionals, or for the discussion of matters protected 
9 under the federal Patient Safety and Quality Improvement 
10 Act of 2005, and the regulations promulgated thereunder, 
11 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
12 Health Insurance Portability and Accountability Act of 
13 1996, and the regulations promulgated thereunder, 
14 including 45 C.F.R. Parts 160, 162, and 164, by a 
15 hospital, or
other institution providing medical care, 
16 that is operated by the public body.

17  (18) Deliberations for decisions of the Prisoner 
18 Review Board.

19  (19) Review or discussion of applications received 
20 under the
Experimental Organ Transplantation Procedures 
21 Act.

22  (20) The classification and discussion of matters 
23 classified as
confidential or continued confidential by 
24 the State Government Suggestion Award
Board.

25  (21) Discussion of minutes of meetings lawfully closed 
26 under this Act,
whether for purposes of approval by the 
 
 
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1 body of the minutes or semi-annual
review of the minutes 
2 as mandated by Section 2.06.

3  (22) Deliberations for decisions of the State

4 Emergency Medical Services Disciplinary
Review Board.

5  (23) The operation by a municipality of a municipal 
6 utility or the
operation of a
municipal power agency or 
7 municipal natural gas agency when the
discussion involves 
8 (i) contracts relating to the
purchase, sale, or delivery 
9 of electricity or natural gas or (ii) the results
or 
10 conclusions of load forecast studies.

11  (24) Meetings of a residential health care facility 
12 resident sexual
assault and death review
team or
the 
13 Executive
Council under the Abuse Prevention Review
Team 
14 Act.

15  (25) Meetings of an independent team of experts under 
16 Brian's Law. 
17  (26) Meetings of a mortality review team appointed 
18 under the Department of Juvenile Justice Mortality Review 
19 Team Act. 
20  (27) (Blank). 
21  (28) Correspondence and records (i) that may not be 
22 disclosed under Section 11-9 of the Illinois Public Aid 
23 Code or (ii) that pertain to appeals under Section 11-8 of 
24 the Illinois Public Aid Code. 
25  (29) Meetings between internal or external auditors 
26 and governmental audit committees, finance committees, and 
 
 
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1 their equivalents, when the discussion involves internal 
2 control weaknesses, identification of potential fraud risk 
3 areas, known or suspected frauds, and fraud interviews 
4 conducted in accordance with generally accepted auditing 
5 standards of the United States of America.
6  (30) Those meetings or portions of meetings of a 
7 fatality review team or the Illinois Fatality Review Team 
8 Advisory Council during which a review of the death of an 
9 eligible adult in which abuse or neglect is suspected, 
10 alleged, or substantiated is conducted pursuant to Section 
11 15 of the Adult Protective Services Act. 
12  (31) Meetings and deliberations for decisions of the 
13 Concealed Carry Licensing Review Board under the Firearm 
14 Concealed Carry Act. 
15  (32) Meetings between the Regional Transportation 
16 Authority Board and its Service Boards when the discussion 
17 involves review by the Regional Transportation Authority 
18 Board of employment contracts under Section 28d of the 
19 Metropolitan Transit Authority Act and Sections 3A.18 and 
20 3B.26 of the Regional Transportation Authority Act.
21  (33) Those meetings or portions of meetings of the 
22 advisory committee and peer review subcommittee created 
23 under Section 320 of the Illinois Controlled Substances 
24 Act during which specific controlled substance prescriber, 
25 dispenser, or patient information is discussed.
26  (34) Meetings of the Tax Increment Financing Reform 
 
 
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1 Task Force under Section 2505-800 of the Department of 
2 Revenue Law of the Civil Administrative Code of Illinois. 
3  (35) Meetings of the group established to discuss 
4 Medicaid capitation rates under Section 5-30.8 of the 
5 Illinois Public Aid Code. 
6  (36) Those deliberations or portions of deliberations 
7 for decisions of the Illinois Gaming Board in which there 
8 is discussed any of the following: (i) personal, 
9 commercial, financial, or other information obtained from 
10 any source that is privileged, proprietary, confidential, 
11 or a trade secret; or (ii) information specifically 
12 exempted from the disclosure by federal or State law.
13  (37) Deliberations for decisions of the Illinois Law

14 Enforcement Training Standards Board, the Certification 
15 Review Panel, and the Illinois State Police Merit Board 
16 regarding certification and decertification. 
17  (38) Meetings of the Ad Hoc Statewide Domestic

18 Violence Fatality Review Committee of the Illinois 
19 Criminal
Justice Information Authority Board that occur in 
20 closed executive session under subsection (d) of Section 
21 35 of the Domestic Violence Fatality Review Act. 
22  (39) Meetings of the regional review teams under 
23 subsection (a) of Section 75 of the Domestic Violence 
24 Fatality Review Act. 
25  (40) (38) Meetings of the Firearm Owner's 
26 Identification Card Review Board under Section 10 of the 
 
 
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1 Firearm Owners Identification Card Act. 
2 (d) Definitions. For purposes of this Section:

3 "Employee" means a person employed by a public body whose 
4relationship
with the public body constitutes an 
5employer-employee relationship under
the usual common law 
6rules, and who is not an independent contractor.

7 "Public office" means a position created by or under the

8Constitution or laws of this State, the occupant of which is 
9charged with
the exercise of some portion of the sovereign 
10power of this State. The term
"public office" shall include 
11members of the public body, but it shall not
include 
12organizational positions filled by members thereof, whether

13established by law or by a public body itself, that exist to 
14assist the
body in the conduct of its business.

15 "Quasi-adjudicative body" means an administrative body 
16charged by law or
ordinance with the responsibility to conduct 
17hearings, receive evidence or
testimony and make 
18determinations based
thereon, but does not include
local 
19electoral boards when such bodies are considering petition 
20challenges.

21 (e) Final action. No final action may be taken at a closed 
22meeting.
Final action shall be preceded by a public recital of 
23the nature of the
matter being considered and other 
24information that will inform the
public of the business being 
25conducted. 

26(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; 
 
 
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1101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. 
28-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)

3 Section 10. The Freedom of Information Act is amended by 
4changing Section 7 as follows:

5 (5 ILCS 140/7) (from Ch. 116, par. 207)
6 Sec. 7. Exemptions.

7 (1) When a request is made to inspect or copy a public 
8record that contains information that is exempt from 
9disclosure under this Section, but also contains information 
10that is not exempt from disclosure, the public body may elect 
11to redact the information that is exempt. The public body 
12shall make the remaining information available for inspection 
13and copying. Subject to this requirement, the following shall 
14be exempt from inspection and copying:


15  (a) Information specifically prohibited from 
16 disclosure by federal or
State law or rules and 
17 regulations implementing federal or State law.


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

14 privacy.


15  (d) Records in the possession of any public body 
16 created in the course of administrative enforcement

17 proceedings, and any law enforcement or correctional 
18 agency for
law enforcement purposes,
but only to the 
19 extent that disclosure would:


20   (i) interfere with pending or actually and 
21 reasonably contemplated
law enforcement proceedings 
22 conducted by any law enforcement or correctional

23 agency that is the recipient of the request;


24   (ii) interfere with active administrative 
25 enforcement proceedings
conducted by the public body 
26 that is the recipient of the request;


 
 
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1   (iii) create a substantial likelihood that a 
2 person will be deprived of a fair trial or an impartial 
3 hearing;


4   (iv) unavoidably disclose the identity of a 
5 confidential source, confidential information 
6 furnished only by the confidential source, or persons 
7 who file complaints with or provide information to 
8 administrative, investigative, law enforcement, or 
9 penal agencies; except that the identities of 
10 witnesses to traffic accidents, traffic accident 
11 reports, and rescue reports shall be provided by 
12 agencies of local government, except when disclosure 
13 would interfere with an active criminal investigation 
14 conducted by the agency that is the recipient of the 
15 request;


16   (v) disclose unique or specialized investigative 
17 techniques other than
those generally used and known 
18 or disclose internal documents of
correctional 
19 agencies related to detection, observation or 
20 investigation of
incidents of crime or misconduct, and 
21 disclosure would result in demonstrable harm to the 
22 agency or public body that is the recipient of the 
23 request;


24   (vi) endanger the life or physical safety of law 
25 enforcement personnel
or any other person; or


26   (vii) obstruct an ongoing criminal investigation 
 
 
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1 by the agency that is the recipient of the request.


2  (d-5) A law enforcement record created for law 
3 enforcement purposes and contained in a shared electronic 
4 record management system if the law enforcement agency 
5 that is the recipient of the request did not create the 
6 record, did not participate in or have a role in any of the 
7 events which are the subject of the record, and only has 
8 access to the record through the shared electronic record 
9 management system. 
10  (d-6) Records contained in the Officer Professional 
11 Conduct Database under Section 9.2 9.4 of the Illinois 
12 Police Training Act, except to the extent authorized under 
13 that Section. This includes the documents supplied to the 
14 Illinois Law Enforcement Training Standards Board from the 
15 Illinois State Police and Illinois State Police Merit 
16 Board. 
17  (e) Records that relate to or affect the security of 
18 correctional
institutions and detention facilities.


19  (e-5) Records requested by persons committed to the 
20 Department of Corrections, Department of Human Services 
21 Division of Mental Health, or a county jail if those 
22 materials are available in the library of the correctional 
23 institution or facility or jail where the inmate is 
24 confined. 
25  (e-6) Records requested by persons committed to the 
26 Department of Corrections, Department of Human Services 
 
 
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1 Division of Mental Health, or a county jail if those 
2 materials include records from staff members' personnel 
3 files, staff rosters, or other staffing assignment 
4 information. 
5  (e-7) Records requested by persons committed to the 
6 Department of Corrections or Department of Human Services 
7 Division of Mental Health if those materials are available 
8 through an administrative request to the Department of 
9 Corrections or Department of Human Services Division of 
10 Mental Health. 
11  (e-8) Records requested by a person committed to the 
12 Department of Corrections, Department of Human Services 
13 Division of Mental Health, or a county jail, the 
14 disclosure of which would result in the risk of harm to any 
15 person or the risk of an escape from a jail or correctional 
16 institution or facility.
17  (e-9) Records requested by a person in a county jail 
18 or committed to the Department of Corrections or 
19 Department of Human Services Division of Mental Health, 
20 containing personal information pertaining to the person's 
21 victim or the victim's family, including, but not limited 
22 to, a victim's home address, home telephone number, work 
23 or school address, work telephone number, social security 
24 number, or any other identifying information, except as 
25 may be relevant to a requester's current or potential case 
26 or claim. 
 
 
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1  (e-10) Law enforcement records of other persons 
2 requested by a person committed to the Department of 
3 Corrections, Department of Human Services Division of 
4 Mental Health, or a county jail, including, but not 
5 limited to, arrest and booking records, mug shots, and 
6 crime scene photographs, except as these records may be 
7 relevant to the requester's current or potential case or 
8 claim. 
9  (f) Preliminary drafts, notes, recommendations, 
10 memoranda and other
records in which opinions are 
11 expressed, or policies or actions are
formulated, except 
12 that a specific record or relevant portion of a
record 
13 shall not be exempt when the record is publicly cited
and 
14 identified by the head of the public body. The exemption 
15 provided in
this paragraph (f) extends to all those 
16 records of officers and agencies
of the General Assembly 
17 that pertain to the preparation of legislative
documents.


18  (g) Trade secrets and commercial or financial 
19 information obtained from
a person or business where the 
20 trade secrets or commercial or financial information are 
21 furnished under a claim that they are
proprietary, 
22 privileged, or confidential, and that disclosure of the 
23 trade
secrets or commercial or financial information would 
24 cause competitive harm to the person or business, and only 
25 insofar as the claim directly applies to the records 
26 requested.
 
 
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1  The information included under this exemption includes 
2 all trade secrets and commercial or financial information 
3 obtained by a public body, including a public pension 
4 fund, from a private equity fund or a privately held 
5 company within the investment portfolio of a private 
6 equity fund as a result of either investing or evaluating 
7 a potential investment of public funds in a private equity 
8 fund. The exemption contained in this item does not apply 
9 to the aggregate financial performance information of a 
10 private equity fund, nor to the identity of the fund's 
11 managers or general partners. The exemption contained in 
12 this item does not apply to the identity of a privately 
13 held company within the investment portfolio of a private 
14 equity fund, unless the disclosure of the identity of a 
15 privately held company may cause competitive harm.
16  Nothing contained in this
paragraph (g) shall be 
17 construed to prevent a person or business from
consenting 
18 to disclosure.


19  (h) Proposals and bids for any contract, grant, or 
20 agreement, including
information which if it were 
21 disclosed would frustrate procurement or give
an advantage 
22 to any person proposing to enter into a contractor 
23 agreement
with the body, until an award or final selection 
24 is made. Information
prepared by or for the body in 
25 preparation of a bid solicitation shall be
exempt until an 
26 award or final selection is made.


 
 
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1  (i) Valuable formulae,
computer geographic systems,

2 designs, drawings and research data obtained or
produced 
3 by any public body when disclosure could reasonably be 
4 expected to
produce private gain or public loss.
The 
5 exemption for "computer geographic systems" provided in 
6 this paragraph
(i) does not extend to requests made by 
7 news media as defined in Section 2 of
this Act when the 
8 requested information is not otherwise exempt and the only

9 purpose of the request is to access and disseminate 
10 information regarding the
health, safety, welfare, or 
11 legal rights of the general public.


12  (j) The following information pertaining to 
13 educational matters:
14   (i) test questions, scoring keys and other 
15 examination data used to
administer an academic 
16 examination;


17   (ii) information received by a primary or 
18 secondary school, college, or university under its 
19 procedures for the evaluation of faculty members by 
20 their academic peers; 
21   (iii) information concerning a school or 
22 university's adjudication of student disciplinary 
23 cases, but only to the extent that disclosure would 
24 unavoidably reveal the identity of the student; and
25   (iv) course materials or research materials used 
26 by faculty members. 
 
 
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1  (k) Architects' plans, engineers' technical 
2 submissions, and
other
construction related technical 
3 documents for
projects not constructed or developed in 
4 whole or in part with public funds
and the same for 
5 projects constructed or developed with public funds, 
6 including, but not limited to, power generating and 
7 distribution stations and other transmission and 
8 distribution facilities, water treatment facilities, 
9 airport facilities, sport stadiums, convention centers, 
10 and all government owned, operated, or occupied buildings, 
11 but
only to the extent
that disclosure would compromise 
12 security.


13  (l) Minutes of meetings of public bodies closed to the

14 public as provided in the Open Meetings Act until the 
15 public body
makes the minutes available to the public 
16 under Section 2.06 of the Open
Meetings Act.


17  (m) Communications between a public body and an 
18 attorney or auditor
representing the public body that 
19 would not be subject to discovery in
litigation, and 
20 materials prepared or compiled by or for a public body in

21 anticipation of a criminal, civil, or administrative 
22 proceeding upon the
request of an attorney advising the 
23 public body, and materials prepared or
compiled with 
24 respect to internal audits of public bodies.


25  (n) Records relating to a public body's adjudication 
26 of employee grievances or disciplinary cases; however, 
 
 
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1 this exemption shall not extend to the final outcome of 
2 cases in which discipline is imposed.


3  (o) Administrative or technical information associated 
4 with automated
data processing operations, including, but 
5 not limited to, software,
operating protocols, computer 
6 program abstracts, file layouts, source
listings, object 
7 modules, load modules, user guides, documentation

8 pertaining to all logical and physical design of 
9 computerized systems,
employee manuals, and any other 
10 information that, if disclosed, would
jeopardize the 
11 security of the system or its data or the security of

12 materials exempt under this Section.


13  (p) Records relating to collective negotiating matters

14 between public bodies and their employees or 
15 representatives, except that
any final contract or 
16 agreement shall be subject to inspection and copying.


17  (q) Test questions, scoring keys, and other 
18 examination data used to determine the qualifications of 
19 an applicant for a license or employment.


20  (r) The records, documents, and information relating 
21 to real estate
purchase negotiations until those 
22 negotiations have been completed or
otherwise terminated. 
23 With regard to a parcel involved in a pending or
actually 
24 and reasonably contemplated eminent domain proceeding 
25 under the Eminent Domain Act, records, documents, and

26 information relating to that parcel shall be exempt except 
 
 
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1 as may be
allowed under discovery rules adopted by the 
2 Illinois Supreme Court. The
records, documents, and 
3 information relating to a real estate sale shall be
exempt 
4 until a sale is consummated.


5  (s) Any and all proprietary information and records 
6 related to the
operation of an intergovernmental risk 
7 management association or
self-insurance pool or jointly 
8 self-administered health and accident
cooperative or pool.

9 Insurance or self insurance (including any 
10 intergovernmental risk management association or self 
11 insurance pool) claims, loss or risk management 
12 information, records, data, advice or communications. 

13  (t) Information contained in or related to 
14 examination, operating, or
condition reports prepared by, 
15 on behalf of, or for the use of a public
body responsible 
16 for the regulation or supervision of financial

17 institutions, insurance companies, or pharmacy benefit 
18 managers, unless disclosure is otherwise
required by State 
19 law.


20  (u) Information that would disclose
or might lead to 
21 the disclosure of
secret or confidential information, 
22 codes, algorithms, programs, or private
keys intended to 
23 be used to create electronic signatures under the Uniform 
24 Electronic Transactions Act.


25  (v) Vulnerability assessments, security measures, and 
26 response policies
or plans that are designed to identify, 
 
 
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1 prevent, or respond to potential
attacks upon a 
2 community's population or systems, facilities, or 
3 installations,
the destruction or contamination of which 
4 would constitute a clear and present
danger to the health 
5 or safety of the community, but only to the extent that

6 disclosure could reasonably be expected to jeopardize the 
7 effectiveness of the
measures or the safety of the 
8 personnel who implement them or the public.
Information 
9 exempt under this item may include such things as details

10 pertaining to the mobilization or deployment of personnel 
11 or equipment, to the
operation of communication systems or 
12 protocols, or to tactical operations.


13  (w) (Blank). 
14  (x) Maps and other records regarding the location or 
15 security of generation, transmission, distribution, 
16 storage, gathering,
treatment, or switching facilities 
17 owned by a utility, by a power generator, or by the 
18 Illinois Power Agency.


19  (y) Information contained in or related to proposals, 
20 bids, or negotiations related to electric power 
21 procurement under Section 1-75 of the Illinois Power 
22 Agency Act and Section 16-111.5 of the Public Utilities 
23 Act that is determined to be confidential and proprietary 
24 by the Illinois Power Agency or by the Illinois Commerce 
25 Commission.

26  (z) Information about students exempted from 
 
 
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1 disclosure under Sections 10-20.38 or 34-18.29 of the 
2 School Code, and information about undergraduate students 
3 enrolled at an institution of higher education exempted 
4 from disclosure under Section 25 of the Illinois Credit 
5 Card Marketing Act of 2009. 
6  (aa) Information the disclosure of which is
exempted 
7 under the Viatical Settlements Act of 2009.

8  (bb) Records and information provided to a mortality 
9 review team and records maintained by a mortality review 
10 team appointed under the Department of Juvenile Justice 
11 Mortality Review Team Act. 
12  (cc) Information regarding interments, entombments, or 
13 inurnments of human remains that are submitted to the 
14 Cemetery Oversight Database under the Cemetery Care Act or 
15 the Cemetery Oversight Act, whichever is applicable.
16  (dd) Correspondence and records (i) that may not be 
17 disclosed under Section 11-9 of the Illinois Public Aid 
18 Code or (ii) that pertain to appeals under Section 11-8 of 
19 the Illinois Public Aid Code. 
20  (ee) The names, addresses, or other personal 
21 information of persons who are minors and are also 
22 participants and registrants in programs of park 
23 districts, forest preserve districts, conservation 
24 districts, recreation agencies, and special recreation 
25 associations.
26  (ff) The names, addresses, or other personal 
 
 
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1 information of participants and registrants in programs of 
2 park districts, forest preserve districts, conservation 
3 districts, recreation agencies, and special recreation 
4 associations where such programs are targeted primarily to 
5 minors.
6  (gg) Confidential information described in Section 
7 1-100 of the Illinois Independent Tax Tribunal Act of 
8 2012. 
9  (hh) The report submitted to the State Board of 
10 Education by the School Security and Standards Task Force 
11 under item (8) of subsection (d) of Section 2-3.160 of the 
12 School Code and any information contained in that report. 
13  (ii) Records requested by persons committed to or 
14 detained by the Department of Human Services under the 
15 Sexually Violent Persons Commitment Act or committed to 
16 the Department of Corrections under the Sexually Dangerous 
17 Persons Act if those materials: (i) are available in the 
18 library of the facility where the individual is confined; 
19 (ii) include records from staff members' personnel files, 
20 staff rosters, or other staffing assignment information; 
21 or (iii) are available through an administrative request 
22 to the Department of Human Services or the Department of 
23 Corrections.
24  (jj) Confidential information described in Section 
25 5-535 of the Civil Administrative Code of Illinois. 
26  (kk) The public body's credit card numbers, debit card 
 
 
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1 numbers, bank account numbers, Federal Employer 
2 Identification Number, security code numbers, passwords, 
3 and similar account information, the disclosure of which 
4 could result in identity theft or impression or defrauding 
5 of a governmental entity or a person. 
6  (ll) Records concerning the work of the threat 
7 assessment team of a school district, a school employee's 
8 determination about whether an individual poses a clear 
9 and present danger, a school district's report of a threat 
10 to law enforcement, or an action by a school district 
11 under the Firearms Restraining Order Act.
12 (1.5) Any information exempt from disclosure under the 
13Judicial Privacy Act shall be redacted from public records 
14prior to disclosure under this Act. 
15 (2) A public record that is not in the possession of a 
16public body but is in the possession of a party with whom the 
17agency has contracted to perform a governmental function on 
18behalf of the public body, and that directly relates to the 
19governmental function and is not otherwise exempt under this 
20Act, shall be considered a public record of the public body, 
21for purposes of this Act. 
22 (3) This Section does not authorize withholding of 
23information or limit the
availability of records to the 
24public, except as stated in this Section or
otherwise provided 
25in this Act.


26(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; 
 
 
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1101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. 
26-25-21; 102-558, eff. 8-20-21; revised 11-22-21.)

3 Section 15. The Mental Health and Developmental 
4Disabilities Code is amended by changing Section 6-103.3 as 
5follows:

6 (405 ILCS 5/6-103.3)
7 Sec. 6-103.3. Clear and present danger; notice. 
8 (a) If a person is determined to pose a clear and present 
9danger to himself, herself, or to others by a physician, 
10clinical psychologist, or qualified examiner, whether employed 
11by the State, by any public or private mental health facility 
12or part thereof, or by a law enforcement official or a school 
13administrator, then the physician, clinical psychologist, 
14qualified examiner shall notify the Department of Human 
15Services and a law enforcement official or school 
16administrator shall notify the Illinois State Police, within 
1724 hours of making the determination that the person poses a 
18clear and present danger. The Department of Human Services 
19shall immediately update its records and information relating 
20to mental health and developmental disabilities, and if 
21appropriate, shall notify the Illinois State Police in a form 
22and manner prescribed by the Illinois State Police. When the 
23Illinois State Police is notified pursuant to this Section 
24that a person has been determined to pose a clear and present 
 
 
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1danger, it shall determine whether to file an action under the 
2Firearms Restraining Order Act with that person as the 
3respondent. 
4 (b) Information disclosed under this Section shall remain 
5privileged and confidential, and shall not be redisclosed, 
6except as required under subsection (e) of Section 3.1 of the 
7Firearm Owners Identification Card Act or for the purpose of 
8an action under the Firearms Restraining Order Act, nor used 
9for any other purpose. The method of providing this 
10information shall guarantee that the information is not 
11released beyond that which is necessary for the purposes 
12provided by purpose of this Section and shall be provided by 
13rule by the Department of Human Services. The identity of the 
14person reporting under this Section shall not be disclosed to 
15the subject of the report. The physician, clinical 
16psychologist, qualified examiner, law enforcement official, or 
17school administrator making the determination and his or her 
18employer shall not be held criminally, civilly, or 
19professionally liable for making or not making the 
20notification required under this Section, except for willful 
21or wanton misconduct. This Section does not apply to a law 
22enforcement official, if making the notification under this 
23Section will interfere with an ongoing or pending criminal 
24investigation.
25 (c) For the purposes of this Section:
26  "Clear and present danger" has the meaning ascribed to 
 
 
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1 it in Section 1.1 of the Firearm Owners Identification 
2 Card Act.
3  "Determined to pose a clear and present danger to 
4 himself, herself, or to others by a physician, clinical 
5 psychologist, or qualified examiner" means in the 
6 professional opinion of the physician, clinical 
7 psychologist, or qualified examiner, a person poses a 
8 clear and present danger. 
9  "School administrator" means the person required to 
10 report under the School Administrator Reporting of Mental 
11 Health Clear and Present Danger Determinations Law.

12(Source: P.A. 102-538, eff. 8-20-21.)

13 Section 20. The Firearm Owners Identification Card Act is 
14amended by changing Section 8.1 as follows:



15 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



16 Sec. 8.1. Notifications to the Illinois State Police.

17 (a) The Circuit Clerk shall, in the form and manner 
18required by the
Supreme Court, notify the Illinois State 
19Police of all final dispositions
of cases for which the 
20Department has received information reported to it under

21Sections 2.1 and 2.2 of the Criminal Identification Act.

22 (b) Upon adjudication of any individual as a person with a 
23mental disability as defined in Section 1.1 of this Act or a 
24finding that a person has been involuntarily admitted, the 
 
 
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1court shall direct the circuit court clerk to immediately 
2notify the Illinois State Police, Firearm Owner's 
3Identification (FOID) department, and shall forward a copy of 
4the court order to the Department. 
5 (b-1) Beginning July 1, 2016, and each July 1 and December 
630 of every year thereafter, the circuit court clerk shall, in 
7the form and manner prescribed by the Illinois State Police, 
8notify the Illinois State Police, Firearm Owner's 
9Identification (FOID) department if the court has not directed 
10the circuit court clerk to notify the Illinois State Police, 
11Firearm Owner's Identification (FOID) department under 
12subsection (b) of this Section, within the preceding 6 months, 
13because no person has been adjudicated as a person with a 
14mental disability by the court as defined in Section 1.1 of 
15this Act or if no person has been involuntarily admitted. The 
16Supreme Court may adopt any orders or rules necessary to 
17identify the persons who shall be reported to the Illinois 
18State Police under subsection (b), or any other orders or 
19rules necessary to implement the requirements of this Act. 
20 (c) The Department of Human Services shall, in the form 
21and manner prescribed by the Illinois State Police, report all 
22information collected under subsection (b) of Section 12 of 
23the Mental Health and Developmental Disabilities 
24Confidentiality Act for the purpose of determining whether a 
25person who may be or may have been a patient in a mental health 
26facility is disqualified under State or federal law from 
 
 
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1receiving or retaining a Firearm Owner's Identification Card, 
2or purchasing a weapon.
3 (d) If a person is determined to pose a clear and present 
4danger to himself, herself, or to others:
5  (1) by a physician, clinical psychologist, or 
6 qualified examiner, or is determined to have a 
7 developmental disability by a physician, clinical 
8 psychologist, or qualified examiner, whether employed by 
9 the State or privately, then the physician, clinical 
10 psychologist, or qualified examiner shall, within 24 hours 
11 of making the determination, notify the Department of 
12 Human Services that the person poses a clear and present 
13 danger or has a developmental disability; or
14  (2) by a law enforcement official or school 
15 administrator, then the law enforcement official or school 
16 administrator shall, within 24 hours of making the 
17 determination, notify the Illinois State Police that the 
18 person poses a clear and present danger. 
19 The Department of Human Services shall immediately update 
20its records and information relating to mental health and 
21developmental disabilities, and if appropriate, shall notify 
22the Illinois State Police in a form and manner prescribed by 
23the Illinois State Police. When the Illinois State Police is 
24notified pursuant to this subsection that a person has been 
25determined to pose a clear and present danger, the The 
26Illinois State Police shall determine whether to revoke the 
 
 
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1person's Firearm Owner's Identification Card under Section 8 
2of this Act and whether to file an action under the Firearms 
3Restraining Order Act with that person as the respondent. Any 
4information disclosed under this subsection shall remain 
5privileged and confidential, and shall not be redisclosed, 
6except as required under subsection (e) of Section 3.1 of this 
7Act or for the purpose of an action under the Firearms 
8Restraining Order Act, nor used for any other purpose. The 
9method of providing this information shall guarantee that the 
10information is not released beyond what is necessary for the 
11purposes provided by purpose of this Section and shall be 
12provided by rule by the Department of Human Services. The 
13identity of the person reporting under this Section shall not 
14be disclosed to the subject of the report. The physician, 
15clinical psychologist, qualified examiner, law enforcement 
16official, or school administrator making the determination and 
17his or her employer shall not be held criminally, civilly, or 
18professionally liable for making or not making the 
19notification required under this subsection, except for 
20willful or wanton misconduct.
21 (e) The Illinois State Police shall adopt rules to 
22implement this Section. 
23(Source: P.A. 102-538, eff. 8-20-21.)



24 Section 25. The Firearms Restraining Order Act is amended 
25by changing Sections 5 and 10 as follows:

 
 
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1 (430 ILCS 67/5)
2 (Text of Section before amendment by P.A. 102-345)

3 Sec. 5. Definitions.
As used in this Act:
4 "Family member of the respondent" means a spouse, parent, 
5child, or step-child of the respondent, any other person 
6related by blood or present marriage to the respondent, or a 
7person who shares a common dwelling with the respondent.
8 "Firearms restraining order" means an order issued by the 
9court, prohibiting and enjoining a named person from having in 
10his or her custody or control, purchasing, possessing, or 
11receiving any firearms.

12 "Intimate partner" means a spouse, former spouse, a person 
13with whom the respondent has or allegedly has a child in 
14common, or a person with whom the respondent has or has had a 
15dating or engagement relationship.
16 "Petitioner" means:
17  (1) a family member of the respondent as defined in 
18 this Act; or

19  (2) a law enforcement officer
who files a petition 
20 alleging that the respondent poses a danger of causing 
21 personal injury to himself, herself, or another by having 
22 in his or her custody or control, purchasing, possessing, 
23 or receiving a firearm.
24 "Respondent" means the person alleged in the petition to 
25pose a danger of causing personal injury to himself, herself, 
 
 
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1or another by having in his or her custody or control, 
2purchasing, possessing, or receiving a firearm.

3(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

4 (Text of Section after amendment by P.A. 102-345)
5 Sec. 5. Definitions.
As used in this Act:
6 "Family member of the respondent" means a spouse, former 
7spouse, person with whom the respondent has a minor child in 
8common, parent, child, or step-child of the respondent, any 
9other person related by blood or present marriage to the 
10respondent, or a person who shares a common dwelling with the 
11respondent.
12 "Firearms restraining order" means an order issued by the 
13court, prohibiting and enjoining a named person from having in 
14his or her custody or control, purchasing, possessing, or 
15receiving any firearms or ammunition, or removing firearm 
16parts that could be assembled to make an operable firearm.

17 "Intimate partner" means a spouse, former spouse, a person 
18with whom the respondent has or allegedly has a child in 
19common, or a person with whom the respondent has or has had a 
20dating or engagement relationship.
21 "Petitioner" means:
22  (1) a family member of the respondent as defined in 
23 this Act; or
24  (1.5) a school district board of directors or board of 
25 education or its designee; or

 
 
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1  (2) a law enforcement officer
who files a petition 
2 alleging that the respondent poses a danger of causing 
3 personal injury to himself, herself, or another by having 
4 in his or her custody or control, purchasing, possessing, 
5 or receiving a firearm, ammunition, or firearm parts that 
6 could be assembled to make an operable firearm or removing 
7 firearm parts that could be assembled to make an operable 
8 firearm.
9 "Respondent" means the person alleged in the petition to 
10pose a danger of causing personal injury to himself, herself, 
11or another by having in his or her custody or control, 
12purchasing, possessing, or receiving a firearm, ammunition, or 
13firearm parts that could be assembled to make an operable 
14firearm or removing firearm parts that could be assembled to 
15make an operable firearm.

16(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

17 (430 ILCS 67/10)
18 (Text of Section before amendment by P.A. 102-345)

19 Sec. 10. Commencement of action; procedure.

20 (a) An action for a firearms restraining order is 
21commenced by filing a verified petition for a firearms 
22restraining order in any circuit court.

23 (b) A petition for a firearms restraining order may be 
24filed in any county where the respondent resides.

25 (c) No fee shall be charged by the clerk for filing, 
 
 
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1amending, vacating, certifying, or photocopying petitions or 
2orders; or for issuing alias summons; or for any related 
3filing service. No fee shall be charged by the sheriff or other 
4law enforcement for service by the sheriff or other law 
5enforcement of a petition, rule, motion, or order in an action 
6commenced under this Section.
7 (d) The court shall provide, through the office of the 
8clerk of the court, simplified forms and clerical assistance 
9to help with the writing and filing of a petition under this 
10Section by any person not represented by counsel. In addition, 
11that assistance may be provided by the State's Attorney.


12(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

13 (Text of Section after amendment by P.A. 102-345)
14 Sec. 10. Commencement of action; procedure.

15 (a) An action for a firearms restraining order is 
16commenced by filing a verified petition for a firearms 
17restraining order in any circuit court.

18 (b) A petition for a firearms restraining order may be 
19filed in: (1) any county where the respondent resides or (2) 
20any county where an incident occurred that involved the 
21respondent posing an immediate and present danger of causing 
22personal injury to the respondent or another by having in his 
23or her custody or control, or purchasing, possessing, or 
24receiving, a firearm, ammunition, or firearm parts
that could 
25be assembled to make an operable firearm.

 
 
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1 (c) No fee shall be charged by the clerk for filing, 
2amending, vacating, certifying, printing, or photocopying 
3petitions or orders; or for issuing alias summons; or for any 
4related filing service. No fee shall be charged by the sheriff 
5or other law enforcement for service by the sheriff or other 
6law enforcement of a petition, rule, motion, or order in an 
7action commenced under this Section.
8 (d) The court shall provide, through the office of the 
9clerk of the court, simplified forms and clerical assistance 
10to help with the writing and filing of a petition under this 
11Section by any person not represented by counsel. In addition, 
12that assistance may be provided by the State's Attorney.


13 (e) A school district board of directors or board of 
14education may by policy or resolution authorize a designee or 
15designees to file petitions for firearms restraining orders on 
16its behalf with or without prior board approval of a specific 
17petition. For any petition filed by a designee without prior 
18board approval, the board must approve a resolution ratifying 
19the specific petition as soon as possible after the filing of 
20the petition, but no later than 30 days after the filing of the 
21petition. 
22(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

23 Section 95. No acceleration or delay. Where this Act makes 
24changes in a statute that is represented in this Act by text 
25that is not yet or no longer in effect (for example, a Section 
 
 
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1represented by multiple versions), the use of that text does 
2not accelerate or delay the taking effect of (i) the changes 
3made by this Act or (ii) provisions derived from any other 
4Public Act.

 
 
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1
INDEX

2
Statutes amended in order of appearance