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Illinois General Assembly· SB 2713Governor Approved

HEALTH CARE VIOLENCE PREVENT, the official text

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SB2713 Enrolled                        LRB104 15448 BAB 28604 b

1   AN ACT concerning regulation.

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

3 represented in the General Assembly:

4   Section 1. The Freedom of Information Act is amended by

5 changing Section 7 as follows:

6   (5 ILCS 140/7)

7   (Text of Section before amendment by P.A. 104-300)

8   Sec. 7. Exemptions.

9   (1) When a request is made to inspect or copy a public

10 record that contains information that is exempt from

11 disclosure under this Section, but also contains information

12 that is not exempt from disclosure, the public body may elect

13 to redact the information that is exempt. The public body

14 shall make the remaining information available for inspection

15 and copying. Subject to this requirement, the following shall

16 be exempt from inspection and copying:

17  (a) Information specifically prohibited from

18  disclosure by federal or State law or rules and

19  regulations implementing federal or State law.

20  (b) Private information, unless disclosure is required

21  by another provision of this Act, a State or federal law,

22  or a court order.

23  (b-5) Files, documents, and other data or databases
    SB2713 Enrolled  -2-           LRB104 15448 BAB 28604 b

1   maintained by one or more law enforcement agencies and

2   specifically designed to provide information to one or

3   more law enforcement agencies regarding the physical or

4   mental status of one or more individual subjects.

5   (c) Personal information contained within public

6   records, the disclosure of which would constitute a

7   clearly unwarranted invasion of personal privacy, unless

8   the disclosure is consented to in writing by the

9   individual subjects of the information. "Unwarranted

10  invasion of personal privacy" means the disclosure of

11  information that is highly personal or objectionable to a

12  reasonable person and in which the subject's right to

13  privacy outweighs any legitimate public interest in

14  obtaining the information. The disclosure of information

15  that bears on the public duties of public employees and

16  officials shall not be considered an invasion of personal

17  privacy.

18  (d) Records in the possession of any public body

19  created in the course of administrative enforcement

20  proceedings, and any law enforcement or correctional

21  agency for law enforcement purposes, but only to the

22  extent that disclosure would:

23  (i) interfere with pending or actually and

24  reasonably contemplated law enforcement proceedings

25  conducted by any law enforcement or correctional

26  agency that is the recipient of the request;
    SB2713 Enrolled  -3-  LRB104 15448 BAB 28604 b

1   (ii) interfere with active administrative

2   enforcement proceedings conducted by the public body

3   that is the recipient of the request;

4   (iii) create a substantial likelihood that a

5   person will be deprived of a fair trial or an impartial

6   hearing;

7   (iv) unavoidably disclose the identity of a

8   confidential source, confidential information

9   furnished only by the confidential source, or persons

10  who file complaints with or provide information to

11  administrative, investigative, law enforcement, or

12  penal agencies; except that the identities of

13  witnesses to traffic crashes, traffic crash reports,

14  and rescue reports shall be provided by agencies of

15  local government, except when disclosure would

16  interfere with an active criminal investigation

17  conducted by the agency that is the recipient of the

18  request;

19  (v) disclose unique or specialized investigative

20  techniques other than those generally used and known

21  or disclose internal documents of correctional

22  agencies related to detection, observation, or

23  investigation of incidents of crime or misconduct, and

24  disclosure would result in demonstrable harm to the

25  agency or public body that is the recipient of the

26  request;
    SB2713 Enrolled  -4-  LRB104 15448 BAB 28604 b

1           (vi) endanger the life or physical safety of law

2   enforcement personnel or any other person; or

3           (vii) obstruct an ongoing criminal investigation

4   by the agency that is the recipient of the request.

5   (d-5) A law enforcement record created for law

6   enforcement purposes and contained in a shared electronic

7   record management system if the law enforcement agency or

8   criminal justice agency that is the recipient of the

9   request did not create the record, did not participate in

10  or have a role in any of the events which are the subject

11  of the record, and only has access to the record through

12  the shared electronic record management system. As used in

13  this subsection (d-5), "criminal justice agency" means the

14  Illinois Criminal Justice Information Authority or the

15  Illinois Sentencing Policy Advisory Council.

16  (d-6) Records contained in the Officer Professional

17  Conduct Database under Section 9.2 of the Illinois Police

18  Training Act, except to the extent authorized under that

19  Section. This includes the documents supplied to the

20  Illinois Law Enforcement Training Standards Board from the

21  Illinois State Police and Illinois State Police Merit

22  Board.

23  (d-7) Information gathered or records created from the

24  use of automatic license plate readers in connection with

25  Section 2-130 of the Illinois Vehicle Code.

26  (e) Records that relate to or affect the security of
    SB2713 Enrolled           -5-  LRB104 15448 BAB 28604 b

1   correctional institutions and detention facilities.

2   (e-5) Records requested by persons committed to the

3   Department of Corrections, Department of Human Services

4   Division of Mental Health, or a county jail if those

5   materials are available in the library of the correctional

6   institution or facility or jail where the inmate is

7   confined.

8   (e-6) 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 include records from staff members' personnel

12  files, staff rosters, or other staffing assignment

13  information.

14  (e-7) Records requested by persons committed to the

15  Department of Corrections or Department of Human Services

16  Division of Mental Health if those materials are available

17  through an administrative request to the Department of

18  Corrections or Department of Human Services Division of

19  Mental Health.

20  (e-8) Records requested by a person committed to the

21  Department of Corrections, Department of Human Services

22  Division of Mental Health, or a county jail, the

23  disclosure of which would result in the risk of harm to any

24  person or the risk of an escape from a jail or correctional

25  institution or facility.

26  (e-9) Records requested by a person in a county jail
    SB2713 Enrolled  -6-  LRB104 15448 BAB 28604 b

1   or committed to the Department of Corrections or

2   Department of Human Services Division of Mental Health,

3   containing personal information pertaining to the person's

4   victim or the victim's family, including, but not limited

5   to, a victim's home address, home telephone number, work

6   or school address, work telephone number, social security

7   number, or any other identifying information, except as

8   may be relevant to a requester's current or potential case

9   or claim.

10  (e-10) Law enforcement records of other persons

11  requested by a person committed to the Department of

12  Corrections, Department of Human Services Division of

13  Mental Health, or a county jail, including, but not

14  limited to, arrest and booking records, mug shots, and

15  crime scene photographs, except as these records may be

16  relevant to the requester's current or potential case or

17  claim.

18  (f) Preliminary drafts, notes, recommendations,

19  memoranda, and other records in which opinions are

20  expressed, or policies or actions are formulated, except

21  that a specific record or relevant portion of a record

22  shall not be exempt when the record is publicly cited and

23  identified by the head of the public body. The exemption

24  provided in this paragraph (f) extends to all those

25  records of officers and agencies of the General Assembly

26  that pertain to the preparation of legislative documents.
    SB2713 Enrolled  -7-  LRB104 15448 BAB 28604 b

1   (g) Trade secrets and commercial or financial

2   information obtained from a person or business where the

3   trade secrets or commercial or financial information are

4   furnished under a claim that they are proprietary,

5   privileged, or confidential, and that disclosure of the

6   trade secrets or commercial or financial information would

7   cause competitive harm to the person or business, and only

8   insofar as the claim directly applies to the records

9   requested.

10  The information included under this exemption includes

11  all trade secrets and commercial or financial information

12  obtained by a public body, including a public pension

13  fund, from a private equity fund or a privately held

14  company within the investment portfolio of a private

15  equity fund as a result of either investing or evaluating

16  a potential investment of public funds in a private equity

17  fund. The exemption contained in this item does not apply

18  to the aggregate financial performance information of a

19  private equity fund, nor to the identity of the fund's

20  managers or general partners. The exemption contained in

21  this item does not apply to the identity of a privately

22  held company within the investment portfolio of a private

23  equity fund, unless the disclosure of the identity of a

24  privately held company may cause competitive harm.

25  Nothing contained in this paragraph (g) shall be

26  construed to prevent a person or business from consenting
    SB2713 Enrolled       -8-          LRB104 15448 BAB 28604 b

1   to disclosure.

2   (h) Proposals and bids for any contract, grant, or

3   agreement, including information which if it were

4   disclosed would frustrate procurement or give an advantage

5   to any person proposing to enter into a contractor

6   agreement with the body, until an award or final selection

7   is made. Information prepared by or for the body in

8   preparation of a bid solicitation shall be exempt until an

9   award or final selection is made.

10  (i) Valuable formulae, computer geographic systems,

11  designs, drawings, and research data obtained or produced

12  by any public body when disclosure could reasonably be

13  expected to produce private gain or public loss. The

14  exemption for "computer geographic systems" provided in

15  this paragraph (i) does not extend to requests made by

16  news media as defined in Section 2 of this Act when the

17  requested information is not otherwise exempt and the only

18  purpose of the request is to access and disseminate

19  information regarding the health, safety, welfare, or

20  legal rights of the general public.

21  (j) The following information pertaining to

22  educational matters:

23  (i) test questions, scoring keys, and other

24  examination data used to administer an academic

25  examination;

26  (ii) information received by a primary or
    SB2713 Enrolled      -9-  LRB104 15448 BAB 28604 b

1   secondary school, college, or university under its

2   procedures for the evaluation of faculty members by

3   their academic peers;

4   (iii) information concerning a school or

5   university's adjudication of student disciplinary

6   cases, but only to the extent that disclosure would

7   unavoidably reveal the identity of the student; and

8   (iv) course materials or research materials used

9   by faculty members.

10  (k) Architects' plans, engineers' technical

11  submissions, and other construction related technical

12  documents for projects not constructed or developed in

13  whole or in part with public funds and the same for

14  projects constructed or developed with public funds,

15  including, but not limited to, power generating and

16  distribution stations and other transmission and

17  distribution facilities, water treatment facilities,

18  airport facilities, sport stadiums, convention centers,

19  and all government owned, operated, or occupied buildings,

20  but only to the extent that disclosure would compromise

21  security.

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

23  public as provided in the Open Meetings Act until the

24  public body makes the minutes available to the public

25  under Section 2.06 of the Open Meetings Act.

26  (m) Communications between a public body and an
    SB2713 Enrolled  - 10 - LRB104 15448 BAB 28604 b

1   attorney or auditor representing the public body that

2   would not be subject to discovery in litigation, and

3   materials prepared or compiled by or for a public body in

4   anticipation of a criminal, civil, or administrative

5   proceeding upon the request of an attorney advising the

6   public body, and materials prepared or compiled with

7   respect to internal audits of public bodies.

8   (n) Records relating to a public body's adjudication

9   of employee grievances or disciplinary cases; however,

10  this exemption shall not extend to the final outcome of

11  cases in which discipline is imposed.

12  (o) Administrative or technical information associated

13  with automated data processing operations, including, but

14  not limited to, software, operating protocols, computer

15  program abstracts, file layouts, source listings, object

16  modules, load modules, user guides, documentation

17  pertaining to all logical and physical design of

18  computerized systems, employee manuals, and any other

19  information that, if disclosed, would jeopardize the

20  security of the system or its data or the security of

21  materials exempt under this Section.

22  (p) Records relating to collective negotiating matters

23  between public bodies and their employees or

24  representatives, except that any final contract or

25  agreement shall be subject to inspection and copying.

26  (q) Test questions, scoring keys, and other
    SB2713 Enrolled      - 11 - LRB104 15448 BAB 28604 b

1   examination data used to determine the qualifications of

2   an applicant for a license or employment.

3   (r) The records, documents, and information relating

4   to real estate purchase negotiations until those

5   negotiations have been completed or otherwise terminated.

6   With regard to a parcel involved in a pending or actually

7   and reasonably contemplated eminent domain proceeding

8   under the Eminent Domain Act, records, documents, and

9   information relating to that parcel shall be exempt except

10  as may be allowed under discovery rules adopted by the

11  Illinois Supreme Court. The records, documents, and

12  information relating to a real estate sale shall be exempt

13  until a sale is consummated.

14  (s) Any and all proprietary information and records

15  related to the operation of an intergovernmental risk

16  management association or self-insurance pool or jointly

17  self-administered health and accident cooperative or pool.

18  Insurance        or  self-insurance  (including         any

19  intergovernmental risk management association or

20  self-insurance pool) claims, loss or risk management

21  information, records, data, advice, or communications.

22  (t) Information contained in or related to

23  examination, operating, or condition reports prepared by,

24  on behalf of, or for the use of a public body responsible

25  for the regulation or supervision of financial

26  institutions, insurance companies, or pharmacy benefit
    SB2713 Enrolled         - 12 - LRB104 15448 BAB 28604 b

1   managers, unless disclosure is otherwise required by State

2   law.

3   (u) Information that would disclose or might lead to

4   the disclosure of secret or confidential information,

5   codes, algorithms, programs, or private keys intended to

6   be used to create electronic signatures under the Uniform

7   Electronic Transactions Act.

8   (v) Vulnerability assessments, security measures, and

9   response policies or plans that are designed to identify,

10  prevent, or respond to potential attacks upon a

11  community's population or systems, facilities, or

12  installations, but only to the extent that disclosure

13  could reasonably be expected to expose the vulnerability

14  or jeopardize the effectiveness of the measures, policies,

15  or plans, or the safety of the personnel who implement

16  them or the public. Information exempt under this item may

17  include such things as details pertaining to the

18  mobilization or deployment of personnel or equipment, to

19  the operation of communication systems or protocols, to

20  cybersecurity vulnerabilities, or to tactical operations.

21  (w) (Blank).

22  (x) Maps and other records regarding the location or

23  security of generation, transmission, distribution,

24  storage, gathering, treatment, or switching facilities

25  owned by a utility, by a power generator, or by the

26  Illinois Power Agency.
    SB2713 Enrolled  - 13 - LRB104 15448 BAB 28604 b

1   (y) Information contained in or related to proposals,

2   bids, or negotiations related to electric power

3   procurement under Section 1-75 of the Illinois Power

4   Agency Act and Section 16-111.5 of the Public Utilities

5   Act that is determined to be confidential and proprietary

6   by the Illinois Power Agency or by the Illinois Commerce

7   Commission.

8   (z) Information about students exempted from

9   disclosure under Section 10-20.38 or 34-18.29 of the

10  School Code, and information about undergraduate students

11  enrolled at an institution of higher education exempted

12  from disclosure under Section 25 of the Illinois Credit

13  Card Marketing Act of 2009.

14  (aa) Information the disclosure of which is exempted

15  under the Viatical Settlements Act of 2009.

16  (bb) Records and information provided to a mortality

17  review team and records maintained by a mortality review

18  team appointed under the Department of Juvenile Justice

19  Mortality Review Team Act.

20  (cc) Information regarding interments, entombments, or

21  inurnments of human remains that are submitted to the

22  Cemetery Oversight Database under the Cemetery Care Act or

23  the Cemetery Oversight Act, whichever is applicable.

24  (dd) Correspondence and records (i) that may not be

25  disclosed under Section 11-9 of the Illinois Public Aid

26  Code or (ii) that pertain to appeals under Section 11-8 of
    SB2713 Enrolled  - 14 - LRB104 15448 BAB 28604 b

1   the Illinois Public Aid Code.

2   (ee) The names, addresses, or other personal

3   information of persons who are minors and are also

4   participants and registrants in programs of park

5   districts, forest preserve districts, conservation

6   districts, recreation agencies, and special recreation

7   associations.

8   (ff) The names, addresses, or other personal

9   information of participants and registrants in programs of

10  park districts, forest preserve districts, conservation

11  districts, recreation agencies, and special recreation

12  associations where such programs are targeted primarily to

13  minors.

14  (gg) Confidential information described in Section

15  1-100 of the Illinois Independent Tax Tribunal Act of

16  2012.

17  (hh) The report submitted to the State Board of

18  Education by the School Security and Standards Task Force

19  under item (8) of subsection (d) of Section 2-3.160 of the

20  School Code and any information contained in that report.

21  (ii) Records requested by persons committed to or

22  detained by the Department of Human Services under the

23  Sexually Violent Persons Commitment Act or committed to

24  the Department of Corrections under the Sexually Dangerous

25  Persons Act if those materials: (i) are available in the

26  library of the facility where the individual is confined;
    SB2713 Enrolled  - 15 - LRB104 15448 BAB 28604 b

1   (ii) include records from staff members' personnel files,

2   staff rosters, or other staffing assignment information;

3   or (iii) are available through an administrative request

4   to the Department of Human Services or the Department of

5   Corrections.

6   (jj) Confidential information described in Section

7   5-535 of the Civil Administrative Code of Illinois.

8   (kk) The public body's credit card numbers, debit card

9   numbers, bank account numbers, Federal Employer

10  Identification Number, security code numbers, passwords,

11  and similar account information, the disclosure of which

12  could result in identity theft or impression or defrauding

13  of a governmental entity or a person.

14  (ll) Records concerning the work of the threat

15  assessment team of a school district, including, but not

16  limited to, any threat assessment procedure under the

17  School Safety Drill Act and any information contained in

18  the procedure.

19  (mm) Information prohibited from being disclosed under

20  subsections (a) and (b) of Section 15 of the Student

21  Confidential Reporting Act.

22  (nn) Proprietary information submitted to the

23  Environmental Protection Agency under the Drug Take-Back

24  Act.

25  (oo) Records described in subsection (f) of Section

26  3-5-1 of the Unified Code of Corrections.
    SB2713 Enrolled  - 16 - LRB104 15448 BAB 28604 b

1   (pp) Any and all information regarding burials,

2   interments, or entombments of human remains as required to

3   be reported to the Department of Natural Resources

4   pursuant either to the Archaeological and Paleontological

5   Resources Protection Act or the Human Remains Protection

6   Act.

7   (qq) Reports described in subsection (e) of Section

8   16-15 of the Abortion Care Clinical Training Program Act.

9   (rr) Information obtained by a certified local health

10  department under the Access to Public Health Data Act.

11  (ss) For a request directed to a public body that is

12  also a HIPAA-covered entity, all information that is

13  protected health information, including demographic

14  information, that may be contained within or extracted

15  from any record held by the public body in compliance with

16  State and federal medical privacy laws and regulations,

17  including, but not limited to, the Health Insurance

18  Portability and Accountability Act and its regulations, 45

19  CFR Parts 160 and 164. As used in this paragraph,

20  "HIPAA-covered entity" has the meaning given to the term

21  "covered entity" in 45 CFR 160.103 and "protected health

22  information" has the meaning given to that term in 45 CFR

23  160.103.

24  (tt) Proposals or bids submitted by engineering

25  consultants in response to requests for proposal or other

26  competitive bidding requests by the Department of
    SB2713 Enrolled  - 17 - LRB104 15448 BAB 28604 b

1   Transportation or the Illinois Toll Highway Authority.

2        (uu) Documents that, pursuant to the State of

3   Illinois' 1987 Agreement with the U.S. Nuclear Regulatory

4   Commission and the corresponding requirement to maintain

5   compatibility with the National Materials Program, have

6   been determined to be security sensitive. These documents

7   include information classified as safeguards,

8   safeguards-modified, and sensitive unclassified

9   nonsafeguards information, as identified in U.S. Nuclear

10  Regulatory Commission regulatory information summaries,

11  security advisories, and other applicable communications

12  or regulations related to the control and distribution of

13  security sensitive information.

14       (vv) Records described in Section 25.1 of the Health

15  Care Violence Prevention Act.

16  (1.5) Any information exempt from disclosure under the

17 Judicial Privacy Act shall be redacted from public records

18 prior to disclosure under this Act.

19  (1.6) Any information exempt from disclosure under the

20 Public Official Safety and Privacy Act shall be redacted from

21 public records prior to disclosure under this Act.

22  (1.7) Any information exempt from disclosure under

23 paragraph (3.5) of Section 9-15 of the Election Code shall be

24 redacted from public records prior to disclosure under this

25 Act.

26  (2) A public record that is not in the possession of a
    SB2713 Enrolled          - 18 - LRB104 15448 BAB 28604 b

1 public body but is in the possession of a party with whom the

2 agency has contracted to perform a governmental function on

3 behalf of the public body, and that directly relates to the

4 governmental function and is not otherwise exempt under this

5 Act, shall be considered a public record of the public body,

6 for purposes of this Act.

7   (3) This Section does not authorize withholding of

8 information or limit the availability of records to the

9 public, except as stated in this Section or otherwise provided

10 in this Act.

11 (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;

12 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.

13 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,

14 eff. 1-1-25; 104-438, eff. 1-1-26; 104-443, eff. 1-1-26;

15 revised 1-7-26.)

16  (Text of Section after amendment by P.A. 104-300)

17  Sec. 7. Exemptions.

18  (1) When a request is made to inspect or copy a public

19 record that contains information that is exempt from

20 disclosure under this Section, but also contains information

21 that is not exempt from disclosure, the public body may elect

22 to redact the information that is exempt. The public body

23 shall make the remaining information available for inspection

24 and copying. Subject to this requirement, the following shall

25 be exempt from inspection and copying:
    SB2713 Enrolled    - 19 - LRB104 15448 BAB 28604 b

1   (a) Records created or compiled by a State public

2   defender agency or commission subject to the State Public

3   Defender Act that contain: individual client identity;

4   individual case file information; individual investigation

5   records and other records that are otherwise subject to

6   attorney-client privilege; records that would not be

7   discoverable in litigation; records under Section 2.15;

8   training materials; records related to attorney

9   consultation and representation strategy; or any of the

10  above concerning clients of county public defenders or

11  other defender agencies and firms. This exclusion does not

12  apply to deidentified, aggregated, administrative records,

13  such as general case processing and workload information.

14  (a-5) Information specifically prohibited from

15  disclosure by federal or State law or rules and

16  regulations implementing federal or State law.

17  (b) Private information, unless disclosure is required

18  by another provision of this Act, a State or federal law,

19  or a court order.

20  (b-5) Files, documents, and other data or databases

21  maintained by one or more law enforcement agencies and

22  specifically designed to provide information to one or

23  more law enforcement agencies regarding the physical or

24  mental status of one or more individual subjects.

25  (c) Personal information contained within public

26  records, the disclosure of which would constitute a
    SB2713 Enrolled  - 20 - LRB104 15448 BAB 28604 b

1   clearly unwarranted invasion of personal privacy, unless

2   the disclosure is consented to in writing by the

3   individual subjects of the information. "Unwarranted

4   invasion of personal privacy" means the disclosure of

5   information that is highly personal or objectionable to a

6   reasonable person and in which the subject's right to

7   privacy outweighs any legitimate public interest in

8   obtaining the information. The disclosure of information

9   that bears on the public duties of public employees and

10  officials shall not be considered an invasion of personal

11  privacy.

12  (d) Records in the possession of any public body

13  created in the course of administrative enforcement

14  proceedings, and any law enforcement or correctional

15  agency for law enforcement purposes, but only to the

16  extent that disclosure would:

17  (i) interfere with pending or actually and

18  reasonably contemplated law enforcement proceedings

19  conducted by any law enforcement or correctional

20  agency that is the recipient of the request;

21  (ii) interfere with active administrative

22  enforcement proceedings conducted by the public body

23  that is the recipient of the request;

24  (iii) create a substantial likelihood that a

25  person will be deprived of a fair trial or an impartial

26  hearing;
    SB2713 Enrolled  - 21 - LRB104 15448 BAB 28604 b

1   (iv) unavoidably disclose the identity of a

2   confidential source, confidential information

3   furnished only by the confidential source, or persons

4   who file complaints with or provide information to

5   administrative, investigative, law enforcement, or

6   penal agencies; except that the identities of

7   witnesses to traffic crashes, traffic crash reports,

8   and rescue reports shall be provided by agencies of

9   local government, except when disclosure would

10  interfere with an active criminal investigation

11  conducted by the agency that is the recipient of the

12  request;

13  (v) disclose unique or specialized investigative

14  techniques other than those generally used and known

15  or disclose internal documents of correctional

16  agencies related to detection, observation, or

17  investigation of incidents of crime or misconduct, and

18  disclosure would result in demonstrable harm to the

19  agency or public body that is the recipient of the

20  request;

21  (vi) endanger the life or physical safety of law

22  enforcement personnel or any other person; or

23  (vii) obstruct an ongoing criminal investigation

24  by the agency that is the recipient of the request.

25  (d-5) A law enforcement record created for law

26  enforcement purposes and contained in a shared electronic
    SB2713 Enrolled  - 22 - LRB104 15448 BAB 28604 b

1   record management system if the law enforcement agency or

2   criminal justice agency that is the recipient of the

3   request did not create the record, did not participate in

4   or have a role in any of the events which are the subject

5   of the record, and only has access to the record through

6   the shared electronic record management system. As used in

7   this subsection (d-5), "criminal justice agency" means the

8   Illinois Criminal Justice Information Authority or the

9   Illinois Sentencing Policy Advisory Council.

10  (d-6) Records contained in the Officer Professional

11  Conduct Database under Section 9.2 of the Illinois Police

12  Training Act, except to the extent authorized under that

13  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  (d-7) Information gathered or records created from the

18  use of automatic license plate readers in connection with

19  Section 2-130 of the Illinois Vehicle Code.

20  (e) Records that relate to or affect the security of

21  correctional institutions and detention facilities.

22  (e-5) Records requested by persons committed to the

23  Department of Corrections, Department of Human Services

24  Division of Mental Health, or a county jail if those

25  materials are available in the library of the correctional

26  institution or facility or jail where the inmate is
    SB2713 Enrolled           - 23 - LRB104 15448 BAB 28604 b

1   confined.

2   (e-6) Records requested by persons committed to the

3   Department of Corrections, Department of Human Services

4   Division of Mental Health, or a county jail if those

5   materials include records from staff members' personnel

6   files, staff rosters, or other staffing assignment

7   information.

8   (e-7) Records requested by persons committed to the

9   Department of Corrections or Department of Human Services

10  Division of Mental Health if those materials are available

11  through an administrative request to the Department of

12  Corrections or Department of Human Services Division of

13  Mental Health.

14  (e-8) Records requested by a person committed to the

15  Department of Corrections, Department of Human Services

16  Division of Mental Health, or a county jail, the

17  disclosure of which would result in the risk of harm to any

18  person or the risk of an escape from a jail or correctional

19  institution or facility.

20  (e-9) Records requested by a person in a county jail

21  or committed to the Department of Corrections or

22  Department of Human Services Division of Mental Health,

23  containing personal information pertaining to the person's

24  victim or the victim's family, including, but not limited

25  to, a victim's home address, home telephone number, work

26  or school address, work telephone number, social security
    SB2713 Enrolled  - 24 - LRB104 15448 BAB 28604 b

1   number, or any other identifying information, except as

2   may be relevant to a requester's current or potential case

3   or claim.

4   (e-10) Law enforcement records of other persons

5   requested by a person committed to the Department of

6   Corrections, Department of Human Services Division of

7   Mental Health, or a county jail, including, but not

8   limited to, arrest and booking records, mug shots, and

9   crime scene photographs, except as these records may be

10  relevant to the requester's current or potential case or

11  claim.

12  (f) Preliminary drafts, notes, recommendations,

13  memoranda, and other records in which opinions are

14  expressed, or policies or actions are formulated, except

15  that a specific record or relevant portion of a record

16  shall not be exempt when the record is publicly cited and

17  identified by the head of the public body. The exemption

18  provided in this paragraph (f) extends to all those

19  records of officers and agencies of the General Assembly

20  that pertain to the preparation of legislative documents.

21  (g) Trade secrets and commercial or financial

22  information obtained from a person or business where the

23  trade secrets or commercial or financial information are

24  furnished under a claim that they are proprietary,

25  privileged, or confidential, and that disclosure of the

26  trade secrets or commercial or financial information would
    SB2713 Enrolled  - 25 - LRB104 15448 BAB 28604 b

1   cause competitive harm to the person or business, and only

2   insofar as the claim directly applies to the records

3   requested.

4   The information included under this exemption includes

5   all trade secrets and commercial or financial information

6   obtained by a public body, including a public pension

7   fund, from a private equity fund or a privately held

8   company within the investment portfolio of a private

9   equity fund as a result of either investing or evaluating

10  a potential investment of public funds in a private equity

11  fund. The exemption contained in this item does not apply

12  to the aggregate financial performance information of a

13  private equity fund, nor to the identity of the fund's

14  managers or general partners. The exemption contained in

15  this item does not apply to the identity of a privately

16  held company within the investment portfolio of a private

17  equity fund, unless the disclosure of the identity of a

18  privately held company may cause competitive harm.

19  Nothing contained in this paragraph (g) shall be

20  construed to prevent a person or business from consenting

21  to disclosure.

22  (h) Proposals and bids for any contract, grant, or

23  agreement, including information which if it were

24  disclosed would frustrate procurement or give an advantage

25  to any person proposing to enter into a contractor

26  agreement with the body, until an award or final selection
    SB2713 Enrolled       - 26 - LRB104 15448 BAB 28604 b

1   is made. Information prepared by or for the body in

2   preparation of a bid solicitation shall be exempt until an

3   award or final selection is made.

4   (i) Valuable formulae, computer geographic systems,

5   designs, drawings, and research data obtained or produced

6   by any public body when disclosure could reasonably be

7   expected to produce private gain or public loss. The

8   exemption for "computer geographic systems" provided in

9   this paragraph (i) does not extend to requests made by

10  news media as defined in Section 2 of this Act when the

11  requested information is not otherwise exempt and the only

12  purpose of the request is to access and disseminate

13  information regarding the health, safety, welfare, or

14  legal rights of the general public.

15  (j) The following information pertaining to

16  educational matters:

17  (i) test questions, scoring keys, and other

18  examination data used to administer an academic

19  examination;

20  (ii) information received by a primary or

21  secondary school, college, or university under its

22  procedures for the evaluation of faculty members by

23  their academic peers;

24  (iii) information concerning a school or

25  university's adjudication of student disciplinary

26  cases, but only to the extent that disclosure would
    SB2713 Enrolled      - 27 - LRB104 15448 BAB 28604 b

1   unavoidably reveal the identity of the student; and

2   (iv) course materials or research materials used

3   by faculty members.

4   (k) Architects' plans, engineers' technical

5   submissions, and other construction related technical

6   documents for projects not constructed or developed in

7   whole or in part with public funds and the same for

8   projects constructed or developed with public funds,

9   including, but not limited to, power generating and

10  distribution stations and other transmission and

11  distribution facilities, water treatment facilities,

12  airport facilities, sport stadiums, convention centers,

13  and all government owned, operated, or occupied buildings,

14  but only to the extent that disclosure would compromise

15  security.

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

17  public as provided in the Open Meetings Act until the

18  public body makes the minutes available to the public

19  under Section 2.06 of the Open Meetings Act.

20  (m) Communications between a public body and an

21  attorney or auditor representing the public body that

22  would not be subject to discovery in litigation, and

23  materials prepared or compiled by or for a public body in

24  anticipation of a criminal, civil, or administrative

25  proceeding upon the request of an attorney advising the

26  public body, and materials prepared or compiled with
    SB2713 Enrolled  - 28 - LRB104 15448 BAB 28604 b

1   respect to internal audits of public bodies.

2   (n) Records relating to a public body's adjudication

3   of employee grievances or disciplinary cases; however,

4   this exemption shall not extend to the final outcome of

5   cases in which discipline is imposed.

6   (o) Administrative or technical information associated

7   with automated data processing operations, including, but

8   not limited to, software, operating protocols, computer

9   program abstracts, file layouts, source listings, object

10  modules, load modules, user guides, documentation

11  pertaining to all logical and physical design of

12  computerized systems, employee manuals, and any other

13  information that, if disclosed, would jeopardize the

14  security of the system or its data or the security of

15  materials exempt under this Section.

16  (p) Records relating to collective negotiating matters

17  between public bodies and their employees or

18  representatives, except that any final contract or

19  agreement shall be subject to inspection and copying.

20  (q) Test questions, scoring keys, and other

21  examination data used to determine the qualifications of

22  an applicant for a license or employment.

23  (r) The records, documents, and information relating

24  to real estate purchase negotiations until those

25  negotiations have been completed or otherwise terminated.

26  With regard to a parcel involved in a pending or actually
    SB2713 Enrolled      - 29 - LRB104 15448 BAB 28604 b

1   and reasonably contemplated eminent domain proceeding

2   under the Eminent Domain Act, records, documents, and

3   information relating to that parcel shall be exempt except

4   as may be allowed under discovery rules adopted by the

5   Illinois Supreme Court. The records, documents, and

6   information relating to a real estate sale shall be exempt

7   until a sale is consummated.

8   (s) Any and all proprietary information and records

9   related to the operation of an intergovernmental risk

10  management association or self-insurance pool or jointly

11  self-administered health and accident cooperative or pool.

12  Insurance        or  self-insurance  (including         any

13  intergovernmental risk management association or

14  self-insurance pool) claims, loss or risk management

15  information, records, data, advice, or communications.

16  (t) Information contained in or related to

17  examination, operating, or condition reports prepared by,

18  on behalf of, or for the use of a public body responsible

19  for the regulation or supervision of financial

20  institutions, insurance companies, or pharmacy benefit

21  managers, unless disclosure is otherwise required by State

22  law.

23  (u) Information that would disclose or might lead to

24  the disclosure of secret or confidential information,

25  codes, algorithms, programs, or private keys intended to

26  be used to create electronic signatures under the Uniform
    SB2713 Enrolled         - 30 - LRB104 15448 BAB 28604 b

1   Electronic Transactions Act.

2   (v) Vulnerability assessments, security measures, and

3   response policies or plans that are designed to identify,

4   prevent, or respond to potential attacks upon a

5   community's population or systems, facilities, or

6   installations, but only to the extent that disclosure

7   could reasonably be expected to expose the vulnerability

8   or jeopardize the effectiveness of the measures, policies,

9   or plans, or the safety of the personnel who implement

10  them or the public. Information exempt under this item may

11  include such things as details pertaining to the

12  mobilization or deployment of personnel or equipment, to

13  the operation of communication systems or protocols, to

14  cybersecurity vulnerabilities, or to tactical operations.

15  (w) (Blank).

16  (x) Maps and other records regarding the location or

17  security of generation, transmission, distribution,

18  storage, gathering, treatment, or switching facilities

19  owned by a utility, by a power generator, or by the

20  Illinois Power Agency.

21  (y) Information contained in or related to proposals,

22  bids, or negotiations related to electric power

23  procurement under Section 1-75 of the Illinois Power

24  Agency Act and Section 16-111.5 of the Public Utilities

25  Act that is determined to be confidential and proprietary

26  by the Illinois Power Agency or by the Illinois Commerce
    SB2713 Enrolled  - 31 - LRB104 15448 BAB 28604 b

1   Commission.

2   (z) Information about students exempted from

3   disclosure under Section 10-20.38 or 34-18.29 of the

4   School Code, and information about undergraduate students

5   enrolled at an institution of higher education exempted

6   from disclosure under Section 25 of the Illinois Credit

7   Card Marketing Act of 2009.

8   (aa) Information the disclosure of which is exempted

9   under the Viatical Settlements Act of 2009.

10  (bb) Records and information provided to a mortality

11  review team and records maintained by a mortality review

12  team appointed under the Department of Juvenile Justice

13  Mortality Review Team Act.

14  (cc) Information regarding interments, entombments, or

15  inurnments of human remains that are submitted to the

16  Cemetery Oversight Database under the Cemetery Care Act or

17  the Cemetery Oversight Act, whichever is applicable.

18  (dd) Correspondence and records (i) that may not be

19  disclosed under Section 11-9 of the Illinois Public Aid

20  Code or (ii) that pertain to appeals under Section 11-8 of

21  the Illinois Public Aid Code.

22  (ee) The names, addresses, or other personal

23  information of persons who are minors and are also

24  participants and registrants in programs of park

25  districts, forest preserve districts, conservation

26  districts, recreation agencies, and special recreation
    SB2713 Enrolled  - 32 - LRB104 15448 BAB 28604 b

1   associations.

2   (ff) The names, addresses, or other personal

3   information of participants and registrants in programs of

4   park districts, forest preserve districts, conservation

5   districts, recreation agencies, and special recreation

6   associations where such programs are targeted primarily to

7   minors.

8   (gg) Confidential information described in Section

9   1-100 of the Illinois Independent Tax Tribunal Act of

10  2012.

11  (hh) The report submitted to the State Board of

12  Education by the School Security and Standards Task Force

13  under item (8) of subsection (d) of Section 2-3.160 of the

14  School Code and any information contained in that report.

15  (ii) Records requested by persons committed to or

16  detained by the Department of Human Services under the

17  Sexually Violent Persons Commitment Act or committed to

18  the Department of Corrections under the Sexually Dangerous

19  Persons Act if those materials: (i) are available in the

20  library of the facility where the individual is confined;

21  (ii) include records from staff members' personnel files,

22  staff rosters, or other staffing assignment information;

23  or (iii) are available through an administrative request

24  to the Department of Human Services or the Department of

25  Corrections.

26  (jj) Confidential information described in Section
    SB2713 Enrolled  - 33 - LRB104 15448 BAB 28604 b

1   5-535 of the Civil Administrative Code of Illinois.

2   (kk) The public body's credit card numbers, debit card

3   numbers, bank account numbers, Federal Employer

4   Identification Number, security code numbers, passwords,

5   and similar account information, the disclosure of which

6   could result in identity theft or impression or defrauding

7   of a governmental entity or a person.

8   (ll) Records concerning the work of the threat

9   assessment team of a school district, including, but not

10  limited to, any threat assessment procedure under the

11  School Safety Drill Act and any information contained in

12  the procedure.

13  (mm) Information prohibited from being disclosed under

14  subsections (a) and (b) of Section 15 of the Student

15  Confidential Reporting Act.

16  (nn) Proprietary information submitted to the

17  Environmental Protection Agency under the Drug Take-Back

18  Act.

19  (oo) Records described in subsection (f) of Section

20  3-5-1 of the Unified Code of Corrections.

21  (pp) Any and all information regarding burials,

22  interments, or entombments of human remains as required to

23  be reported to the Department of Natural Resources

24  pursuant either to the Archaeological and Paleontological

25  Resources Protection Act or the Human Remains Protection

26  Act.
    SB2713 Enrolled  - 34 - LRB104 15448 BAB 28604 b

1   (qq) Reports described in subsection (e) of Section

2   16-15 of the Abortion Care Clinical Training Program Act.

3   (rr) Information obtained by a certified local health

4   department under the Access to Public Health Data Act.

5   (ss) For a request directed to a public body that is

6   also a HIPAA-covered entity, all information that is

7   protected health information, including demographic

8   information, that may be contained within or extracted

9   from any record held by the public body in compliance with

10  State and federal medical privacy laws and regulations,

11  including, but not limited to, the Health Insurance

12  Portability and Accountability Act and its regulations, 45

13  CFR Parts 160 and 164. As used in this paragraph,

14  "HIPAA-covered entity" has the meaning given to the term

15  "covered entity" in 45 CFR 160.103 and "protected health

16  information" has the meaning given to that term in 45 CFR

17  160.103.

18  (tt) Proposals or bids submitted by engineering

19  consultants in response to requests for proposal or other

20  competitive bidding requests by the Department of

21  Transportation or the Illinois Toll Highway Authority.

22  (uu) Documents that, pursuant to the State of

23  Illinois' 1987 Agreement with the U.S. Nuclear Regulatory

24  Commission and the corresponding requirement to maintain

25  compatibility with the National Materials Program, have

26  been determined to be security sensitive. These documents
    SB2713 Enrolled           - 35 - LRB104 15448 BAB 28604 b

1   include information classified as safeguards,

2   safeguards-modified, and sensitive unclassified

3   nonsafeguards information, as identified in U.S. Nuclear

4   Regulatory Commission regulatory information summaries,

5   security advisories, and other applicable communications

6   or regulations related to the control and distribution of

7   security sensitive information.

8        (vv) Records described in Section 25.1 of the Health

9   Care Violence Prevention Act.

10  (1.5) Any information exempt from disclosure under the

11 Judicial Privacy Act shall be redacted from public records

12 prior to disclosure under this Act.

13  (1.6) Any information exempt from disclosure under the

14 Public Official Safety and Privacy Act shall be redacted from

15 public records prior to disclosure under this Act.

16  (1.7) Any information exempt from disclosure under

17 paragraph (3.5) of Section 9-15 of the Election Code shall be

18 redacted from public records prior to disclosure under this

19 Act.

20  (2) A public record that is not in the possession of a

21 public body but is in the possession of a party with whom the

22 agency has contracted to perform a governmental function on

23 behalf of the public body, and that directly relates to the

24 governmental function and is not otherwise exempt under this

25 Act, shall be considered a public record of the public body,

26 for purposes of this Act.
    SB2713 Enrolled   - 36 - LRB104 15448 BAB 28604 b

1   (3) This Section does not authorize withholding of

2 information or limit the availability of records to the

3 public, except as stated in this Section or otherwise provided

4 in this Act.

5 (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24;

6 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff.

7 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865,

8 eff. 1-1-25; 104-300, eff. 1-1-27; 104-438, eff. 1-1-26;

9 104-443, eff. 1-1-26; revised 1-7-26.)

10  Section 5. The Health Care Violence Prevention Act is

11 amended by changing Sections 5, 15, and 20 and by adding

12 Sections 25.1 and 25.2 as follows:

13  (210 ILCS 160/5)

14  Sec. 5. Definitions. As used in this Act:

15  "Committed person" means a person who is in the custody of

16 or under the control of a custodial agency, including, but not

17 limited to, a person who is incarcerated, under arrest,

18 detained, or otherwise under the physical control of a

19 custodial agency.

20  "Custodial agency" means the Illinois Department of

21 Corrections, the Illinois State Police, the sheriff of a

22 county, a county jail, a correctional institution, or any

23 other State agency, municipality, or unit of local government

24 that employs personnel designated as police, peace officers,
    SB2713 Enrolled   - 37 - LRB104 15448 BAB 28604 b

1 wardens, corrections officers, or guards or that employs

2 personnel vested by law with the power to place or maintain a

3 person in custody.

4   "Department" means the Department of Public Health.

5   "Emergency department" means the physical section of a

6 health care provider in which emergency medical care is

7 provided pursuant to the Hospital Emergency Services Act.

8   "Health care provider" means a retail health care

9 facility, a hospital subject to the Hospital Licensing Act or

10 the University of Illinois Hospital Act, or a veterans home as

11 defined in the Department of Veterans Affairs Act.

12  "Health care worker" means nursing assistants and other

13 support personnel, any individual licensed under the laws of

14 this State to provide health services, including but not

15 limited to: dentists licensed under the Illinois Dental

16 Practice Act; dental hygienists licensed under the Illinois

17 Dental Practice Act; nurses and advanced practice registered

18 nurses licensed under the Nurse Practice Act; occupational

19 therapists licensed under the Illinois Occupational Therapy

20 Practice Act; optometrists licensed under the Illinois

21 Optometric Practice Act of 1987; pharmacists licensed under

22 the Pharmacy Practice Act; physical therapists licensed under

23 the Illinois Physical Therapy Act; physicians licensed under

24 the Medical Practice Act of 1987; physician assistants

25 licensed under the Physician Assistant Practice Act of 1987;

26 podiatric physicians licensed under the Podiatric Medical
    SB2713 Enrolled      - 38 - LRB104 15448 BAB 28604 b

1 Practice Act of 1987; clinical psychologists licensed under

2 the Clinical Psychologist Licensing Act; clinical social

3 workers licensed under the Clinical Social Work and Social

4 Work Practice Act; speech-language pathologists and

5 audiologists licensed under the Illinois Speech-Language

6 Pathology and Audiology Practice Act; or hearing instrument

7 dispensers licensed under the Hearing Instrument Consumer

8 Protection Act, or any of their successor Acts.

9   "Nurse" means a person who is licensed to practice nursing

10 under the Nurse Practice Act.

11  "Retail health care facility" means an institution, place,

12 or building, or any portion thereof, that:

13  (1) is devoted to the maintenance and operation of a

14  facility for the performance of health care services and

15  is located within a retail store at a specific location;

16  (2) does not provide surgical services or any form of

17  general anesthesia;

18  (3) does not provide beds or other accommodations for

19  either the long-term or overnight stay of patients; and

20  (4) discharges individual patients in an ambulatory

21  condition without danger to the continued well-being of

22  the patients and transfers non-ambulatory patients to

23  hospitals.

24  "Retail health care facility" does not include hospitals,

25 long-term care facilities, ambulatory treatment centers, blood

26 banks, clinical laboratories, offices of physicians, advanced
    SB2713 Enrolled    - 39 - LRB104 15448 BAB 28604 b

1 practice registered nurses, podiatrists, and physician
2 assistants, and pharmacies that provide limited health care
3 services.
4 (Source: P.A. 104-234, eff. 8-15-25.)

5   (210 ILCS 160/15)

6   Sec. 15. Workplace safety.

7   (a) A health care worker who contacts law enforcement or

8 files a report with law enforcement against a patient or

9 individual because of workplace violence shall provide notice

10 to management of the health care provider by which he or she is

11 employed within 3 days after contacting law enforcement or

12 filing the report.

13  (b) No management of a health care provider may discourage

14 a health care worker from exercising his or her right to

15 contact law enforcement or the Department or file a report

16 with law enforcement because of workplace violence.

17  (c) A health care provider that employs a health care

18 worker shall display a notice, either by physical or

19 electronic means, stating that verbal aggression will not be

20 tolerated and physical assault will be reported to law

21 enforcement.

22  (d) The health care provider shall offer immediate

23 post-incident services for a health care worker directly

24 involved in a workplace violence incident caused by patients

25 or their visitors, including acute treatment and access to
    SB2713 Enrolled          - 40 - LRB104 15448 BAB 28604 b

1 psychological evaluation.

2   (e) No health care provider may maintain a policy that

3 limits the type of workplace violence about which a health

4 care worker may contact law enforcement or file a report with

5 law enforcement or the Department.

6 (Source: P.A. 102-4, eff. 4-27-21.)

7   (210 ILCS 160/20)

8   Sec. 20. Workplace violence prevention program.

9   (a) A health care provider shall create a workplace

10 violence prevention program that complies with the

11 Occupational Safety and Health Administration guidelines for

12 preventing workplace violence for health care and social

13 service workers as amended or updated by the Occupational

14 Safety and Health Administration.

15  (a-5) In addition, the workplace violence prevention

16 program shall include:

17  (1) the following classifications of workplace

18  violence as one of 4 possible types:

19  (A) "Type 1 violence" means workplace violence

20  committed by a person who has no legitimate business

21  at the work site and includes violent acts by anyone

22  who enters the workplace with the intent to commit a

23  crime.

24  (B) "Type 2 violence" means workplace violence

25  directed at employees by customers, clients, patients,
    SB2713 Enrolled          - 41 - LRB104 15448 BAB 28604 b

1   students, inmates, visitors, or other individuals

2   accompanying a patient.

3             (C) "Type 3 violence" means workplace violence

4   against an employee by a present or former employee,

5   supervisor, or manager.

6             (D) "Type 4 violence" means workplace violence

7   committed in the workplace by someone who does not

8   work there, but has or is known to have had a personal

9   relationship with an employee;

10  (2) management commitment and worker participation,

11  including, but not limited to, nurses;

12  (3) worksite analysis and identification of potential

13  hazards;

14  (4) hazard prevention and control;

15  (5) safety and health training with required hours

16  determined by rule; and

17  (6) a system for employees to report incidents of type

18  2 violence to the health care provider; and

19  (7) (6) recordkeeping and evaluation of the violence

20  prevention program.

21  (b) The Department of Public Health may by rule adopt

22 additional criteria for workplace violence prevention

23 programs.

24 (Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.)

25  (210 ILCS 160/25.1 new)
    SB2713 Enrolled          - 42 - LRB104 15448 BAB 28604 b

1   Sec. 25.1. Recordkeeping.

2   (a) On or before November 30, 2027, the Department shall,

3 by rule, develop and publish in a publicly accessible format a

4 template or form for health care providers to use to log type 2

5 violent incidents occurring in the emergency department. No

6 later than 3 months after the Department publishes the

7 template or form, health care providers shall log type 2

8 violent incidents using the template or form. The template or

9 form shall include, at a minimum:

10  (1) the violent incident, including environmental risk

11  factors present at the time of the incident;

12  (2) the date and time of the incident and the job

13  titles of involved employees;

14  (3) the names and addresses of the perpetrators of

15  such violent incidents, if known;

16  (4) the nature and extent of injuries to employees and

17  patients who were impacted; and

18  (5) how the incident was abated or addressed in

19  addition to those actions required by Sections 15 and 20.

20  (b) Records maintained in accordance with this Section are

21 confidential and not subject to disclosure under the Freedom

22 of Information Act.

23  (210 ILCS 160/25.2 new)

24  Sec. 25.2. Reporting.

25  (a) On or before May 31, 2028, and on or before May 31 of
    SB2713 Enrolled  - 43 - LRB104 15448 BAB 28604 b

1 each year thereafter, each health care provider shall prepare

2 and submit to the Department an aggregate deidentified summary

3 of the type 2 violent incidents logged as specified in

4 subsection (a) of Section 25.1 for the preceding calendar

5 year. The report shall be completed on a form provided by the

6 Department and, at a minimum, include:

7   (1) the total number of type 2 violent incidents;

8   (2) the total number of recordable injuries related to

9   the type 2 incidents; and

10  (3) a summary of how the health care provider has,

11  during the past year, engaged in violence prevention

12  activities as set forth in this Act and, if applicable,

13  any additional actions taken to address the type 2 violent

14  incidents summarized in the report.

15  (b) The Department shall provide an annual aggregated and

16 deidentified report to the General Assembly summarizing the

17 reports received. When deidentifying data, the Department

18 shall remove all identifying data related to the patients

19 impacted, the health care provider employees involved, and the

20 health care provider. Such deidentification shall be done in

21 accordance with 45 CFR 164.514.

22  (c) On or before July 15, 2028, and on or before July 15 of

23 each year thereafter, the Department shall notify any health

24 care provider that has failed to submit a summary report as

25 required by subsection (a). A health care provider receiving

26 such a notice shall have 30 calendar days to submit the summary
    SB2713 Enrolled  - 44 - LRB104 15448 BAB 28604 b

1 report. The Department may impose a fine of up to $500 per day
2 until the health care provider submits the summary report.

3   Section 95. No acceleration or delay. Where this Act makes

4 changes in a statute that is represented in this Act by text

5 that is not yet or no longer in effect (for example, a Section

6 represented by multiple versions), the use of that text does

7 not accelerate or delay the taking effect of (i) the changes

8 made by this Act or (ii) provisions derived from any other

9 Public Act.

10  Section 99. Effective date. This Act takes effect January

11 1, 2027.
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