ILCS » Chapter 5 · Act 140
Illinois Compiled Statutes

5 ILCS 140/1.2 (2026)

Presumption

✓ current as of May 2026
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(5 ILCS 140/1.2)
    Sec. 1.2. Presumption. All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt.
(Source: P.A. 96-542, eff. 1-1-10.)

    
Notes of Decisions
Cited in 62 cases (23 in the last 5 years), 2012–2026 · leading case: Peoria Journal Star v. Cty of Peoria, 2016 IL App (3d) 140838 (Ill. App. Ct. 2016).
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Peoria Journal Star v. Cty of Peoria, 2016 IL App (3d) 140838 (Ill. App. Ct. 2016). · cites it 2× “2d 401, 407 (1997); see also 5 ILCS 140/1.2 (West 2012) (“All records in the custody or possession of a public body are presumed to be open to inspection or copying.”
Rushton v. Dep't of Corr., 2019 IL 124552 (Ill. 2019). “2d 401, 407 (1997); see also 5 ILCS 140/1.2 (West 2014) (“All records in the custody or possession of a public body are presumed to be open to inspection or copying.”
Hites v. Waubonsee Cmty. Coll., 2018 IL App (2d) 170617 (Ill. App. Ct. 2018). · cites it 2× “After careful review of that evidence, we hold that many of the circuit court's necessary findings in support of its dismissal order were against the manifest weight of the evidence. We explain as follows.”
Chicago Tribune Co. v. Bd. of Trs. of the Univ. of Illinois, 680 F.3d 1001 (7th Cir. 2012). “5 ILCS 140/1.2, 140/3. The Tribune requested, for every applicant in “Category I” (one of the categories of clout-heavy applicants), the names and addresses of the applicants’ parents and the identity of everyone “involved in such applicants’ applications.”
Turner v. Joliet Police Dep't, 2019 IL App (3d) 170819 (Ill. App. Ct. 2019). · cites it 2× “When a public body denies a request, it must, in part, inform the requester of the denial in writing and offer the reasons the request was denied, including a detailed factual basis for the claimed exemption.”
Nelson v. The Cnty. of Kendall, 2014 IL 116303 (Ill. 2014). · cites it 2× “5 ILCS 140/1.2 (West 2010); Illinois Education Ass’n v.”
Kelly v. Vill. of Kenilworth, 2019 IL App (1st) 170780 (Ill. App. Ct. 2019). “¶ 23 “All records in the custody or possession of a public body are presumed to be open to inspection or copying” (5 ILCS 140/1.2 (West 2016)), and a public body asserting an exemption from disclosure has the burden of proving that exemption by clear and convincing evidence (id.”
The State Journal-Register v. The Univ. of Illinois Springfield, 2013 IL App (4th) 120881 (Ill. App. Ct. 2013). “5 ILCS 140/1.2 (West 2010); see also Harwood, 344 Ill.”
Turner v. Joliet Police Dep't, 2019 IL App (3d) 170819 (Ill. App. Ct. 2019). · cites it 2× “When a public body denies a request, it must, in part, inform the requester of the denial in writing and offer the reasons the request was denied, including a detailed factual basis for the claimed exemption.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2018). “5 ILCS 140/1.2 (West 2016) ; Bowie v. Evanston Community Consolidated School District No.”
Ballew v. Chicago Police Dep't, 2022 IL App (1st) 210715 (Ill. App. Ct. 2022). “5 ILCS 140/1.2 (West 2020). The public body must provide a detailed justification for its claim of exemption and address the requested documents specifically and in a manner that allows for adequate adversary testing.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2019). “5 ILCS 140/1.2 (West 2016); Bowie v. Evanston Community Consolidated School District No.”
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