WeVote
Log In

Bill

Bill

SB 1826

FOIA-JUDICIAL EXEMPTIONS

104th Regular Session Introduced by Lakesia Collins and 7 co-sponsors

SB 1826 extends FOIA to include Illinois judiciary and its records, creating exemptions for judicial work product and confidential materials, reducing public access and PAC review.

Added as Co-Sponsor Sen. Napoleon Harris, III
0
WeVote Research Nonpartisan
Bill Summary · SB 1826

SB 1826 — FOIA: Judicial Exemptions (Illinois)

Status: Introduced (referred to Assignments)
Introduced: February 5, 2025
Primary Sponsor: Sen. Mike Porfirio
Statutory changes: Amends the Freedom of Information Act (5 ILCS 140/2, 7, and 9.5)

Main purpose

SB 1826 modifies the Illinois Freedom of Information Act (FOIA) to (1) expressly include the judicial branch and its components within the definition of “public body,” and (2) create categorical FOIA exemptions for certain records held by judicial bodies and their components — principally draft judicial work product and material governed by judicial or lawyer confidentiality rules.

Key provisions

  • Expands the definition of “public body” to specifically include the judicial body and its components.
  • Defines how “public records” operate when associated with a judicial body and its components.
  • Creates exemptions from inspection and copying for:
    • Records of a judicial body (and its components) that pertain to the preparation of judicial opinions and orders or constitute judicial work product.
    • Records that are privileged or otherwise confidential under the Illinois Code of Judicial Conduct or the Illinois Rules of Professional Conduct (e.g., materials cloaked by judicial confidentiality or attorney-client / attorney work-product protections as recognized under those rules).
  • Limits administrative review: a person whose request to inspect or copy a public record was denied (or treated as a “voluminous request”) by a judicial body or its components may not file a request for review with the Public Access Counselor (PAC).

Who would be affected

  • Judicial branch entities and their staff (judges, clerks, court administrative units).
  • Litigants, attorneys, and court personnel whose internal deliberative materials are implicated.
  • Journalists, researchers, and members of the public seeking court-related records.
  • The Office of the Public Access Counselor, whose review jurisdiction would be curtailed in the specific circumstances described.

Procedural/timeline notes

  • Introduced 2/5/2025; referred to Assignments. Co-author authorization and other committee referrals occurred in March 2025. (At time of summary the bill is in early legislative stages.)

Potential impacts and considerations

  • Increases confidentiality protections around judicial deliberations and pre-decisional materials, aligning FOIA coverage with existing judicial and professional confidentiality rules.
  • Reduces transparency for certain internal judicial records; may limit public oversight and media access to materials previously obtainable under FOIA.
  • By restricting PAC review in denied/voluminous-request cases involving judicial bodies, the bill narrows an administrative avenue for contested access determinations; affected parties would need to consider alternative remedies (e.g., court actions) if available.

For readers seeking the precise statutory language, SB 1826 proposes amendments to Sections 2, 7, and 9.5 of the Illinois Freedom of Information Act (5 ILCS 140).

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.