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HB 2576

FOIA-TRAFFIC CRASH

104th Regular Session Introduced by Jay Hoffman

HB 2576 requires public bodies to provide unredacted traffic crash reports to attorneys who submit a written request with an affidavit confirming they represent a crash party.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2576

Summary — HB 2576 (FOIA — Traffic Crash)

Status snapshot
- Bill number/title: HB 2576 — "FOIA‑TRAFFIC CRASH"
- Sponsor (per bill text): Rep. Jay Hoffman (Illinois)
- Introduced: early February 2025 (bill text dated 2/6/2025 / file metadata 2/7/2025)
- Legislative outcome: Passed both chambers and transmitted to the Governor 04/16/2025; vetoed by the Governor 04/18/2025.
- Note: The submission package also contains an unrelated Arizona bill text (amendments to Ariz. Rev. Stat. §41‑1009 on inspections/audits). The FOIA traffic crash provision described below is the Illinois measure (amendment to 5 ILCS 140/7).

Purpose and intent
- To require public bodies to disclose an unredacted copy of a traffic crash report to an attorney who requests the report in writing and provides an affidavit confirming that the attorney represents an individual involved in the crash. The change is an amendment to the Illinois Freedom of Information Act (5 ILCS 140/7).

Key provisions
- Adds a specific disclosure rule for traffic crash reports:
- When an attorney submits a written request for a traffic crash report and supplies an affidavit confirming that the attorney represents an individual involved in the crash, the public body must disclose an unredacted copy of the traffic crash report to that attorney.
- The bill amends the FOIA exemptions section (5 ILCS 140/7) to make this disclosure mandatory in the described circumstances.
- The text in the packet does not include other limiting conditions (e.g., time windows, fees, or additional affidavit content beyond confirmation of representation).

Who/what would be affected
- Attorneys: Attorneys representing drivers/parties involved in traffic crashes would be able to obtain unredacted crash reports directly from public bodies upon written request and affidavit of representation.
- Crash‑involved individuals/clients: Their crash reports (which may include personal information, witness statements, vehicle/insurance data, and investigatory details) would be provided unredacted to their attorneys.
- Public bodies and law enforcement agencies: Agencies that prepare or hold traffic crash reports would be required to disclose full, unredacted copies to qualifying attorney requesters, notwithstanding existing redaction practices under FOIA exemptions.
- Potentially insurers, litigants, and investigators who rely on redaction rules may see process changes as attorneys obtain unredacted source documents earlier.

Procedural/timeline details
- Introduced in early February 2025.
- Advanced through the legislature (passed both chambers).
- Transmitted to the Governor on April 16, 2025.
- Vetoed by the Governor on April 18, 2025, so the measure did not become law unless a veto override is later attempted/successful.

Potential impacts and considerations
- Privacy and confidentiality: Requiring unredacted disclosure to an attorney may expose personal identifiers, witness contact information, and other sensitive details that FOIA exemptions currently allow agencies to redact; the bill reduces agencies’ discretion to protect such data in these circumstances.
- Law enforcement / investigation concerns: If crash reports contain investigatory or law enforcement information, mandatory unredacted disclosure to attorneys could conflict with existing exemptions intended to protect ongoing investigations or safety of individuals.
- Litigation and claims: Easier access to complete crash reports by counsel could accelerate pre‑suit investigation, claims handling, and litigation preparation.
- Administrative burden: Agencies would need to establish procedures to verify attorney representation affidavits and to produce unredacted files in response to qualifying requests.

Other notes
- The packet provided by the user also contains a separate Arizona House bill (amending Arizona Rev. Stat. §41‑1009 regarding inspections/audits). That Arizona text appears unrelated to the FOIA/traffic crash amendment and should be treated as a distinct measure.

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

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