Bill Text: IL HB1765 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Creates the Empowering Public Participation Act. Provides that a law enforcement agency or an officer employed by a law enforcement agency may not knowingly and intentionally conduct a background check of a person for the sole reason of that person speaking at an open meeting of a public body, including police disciplinary boards. Provides exemptions whenever an agency or officer develops a reasonable suspicion of criminal conduct or a reasonable suspicion of a threat to security for the premises in which the meeting is to occur or for the protection of public officials and other persons attending the meeting. Provides that a violation of the prohibition is a Class C misdemeanor. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0348 [HB1765 Detail]
Download: Illinois-2021-HB1765-Chaptered.html
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Public Act 102-0348 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Empowering Public Participation Act.
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Section 5. Definitions. As used in this Act: | ||||
"Background check" means a criminal history check using | ||||
the Law Enforcement Agencies Data System (LEADS). | ||||
"Law enforcement agency" means an agency of the State or | ||||
of a unit of local government charged with enforcement of | ||||
State, county, or municipal laws or with managing custody of | ||||
detained persons in the State. | ||||
"Open meeting" has the meaning provided in Section 2 of | ||||
the Open Meetings Act. | ||||
"Public body" has the meaning provided in Section 1.02 of | ||||
the Open Meetings Act, and also includes police disciplinary | ||||
boards.
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Section 10. Background checks on speakers prohibited. | ||||
(a) A law enforcement agency or an officer employed by a | ||||
law enforcement agency may not knowingly and intentionally | ||||
conduct a background check of a person for the sole reason of | ||||
that person speaking at an open meeting of a public body, |
including police disciplinary boards. | ||
(b) Subsection (a) does not apply: whenever an agency or | ||
officer develops a reasonable suspicion of criminal conduct or | ||
a reasonable suspicion of a threat to security for the | ||
premises in which the meeting is to occur or for the protection | ||
of public officials and other persons attending the meeting; | ||
and whenever the person speaking at an open meeting of the | ||
public body is also under consideration for appointment to a | ||
government position by that public body. | ||
(c) This Act creates no claims for damages or other relief | ||
for violations of this Act.
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Section 15. Penalty. A violation of subsection (a) of | ||
Section 10 is a Class C misdemeanor.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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