Bill Text: IL HB3925 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act. Provides that a law enforcement agency, an officer employed by a law enforcement agency, or a person contracted by a law enforcement agency may not conduct a background check of speakers at meetings of public bodies, including police disciplinary boards, except to provide security for the premises in which the meeting is to occur and for the protection of public officials and other persons who attend the meeting. Provides that information obtained in violation of this provision may not be used for purposes, other than those permitted purposes, and may not be admitted as evidence in any criminal or civil proceeding or as evidence in an administrative hearing. Provides that a person who violates this provision is guilty of official misconduct under the Criminal Code of 2012. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3925 Detail]

Download: Illinois-2019-HB3925-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3925 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
5 ILCS 120/2.07 new
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Open Meetings Act. Provides that a law enforcement agency, an officer employed by a law enforcement agency, or a person contracted by a law enforcement agency may not conduct a background check of speakers at meetings of public bodies, including police disciplinary boards, except to provide security for the premises in which the meeting is to occur and for the protection of public officials and other persons who attend the meeting. Provides that information obtained in violation of this provision may not be used for purposes, other than those permitted purposes, and may not be admitted as evidence in any criminal or civil proceeding or as evidence in an administrative hearing. Provides that a person who violates this provision is guilty of official misconduct under the Criminal Code of 2012. Amends the Criminal Code of 2012 to make conforming changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Open Meetings Act is amended by adding
Section 2.07 as follows:
(5 ILCS 120/2.07 new)
Sec. 2.07. Police conduct of background checks of speakers
at public meetings.
(a) In this Section:
"Background check" means a check of the personal
history of a person, including collection of criminal
history record information as defined in Section 3 of the
Illinois Uniform Conviction Information Act, financial and
credit history, DNA, fingerprints, and information located
on social media sites.
"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.
"Social media" means a service, platform, or site where
users communicate with one another and share media, such as
pictures, videos, music, and blogs, with other users free
of charge.

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(b) A law enforcement agency, an officer employed by a law
enforcement agency, or a person contracted by a law enforcement
agency may not conduct a background check of speakers at
meetings of public bodies, including police disciplinary
boards, except to provide security for the premises in which
the meeting is to occur and for the protection of public
officials and other persons who attend the meeting.
(c) Information obtained in violation of this Section may
not be used for purposes other than those permitted under
subsection (b) and may not be admitted as evidence in any
criminal or civil proceeding or as evidence in an
administrative hearing.
(d) A person who knowingly violates this Section is guilty
of official misconduct as provided in Section 33-3 of the
Criminal Code of 2012.
Section 10. The Criminal Code of 2012 is amended by
changing Section 33-3 as follows:
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any

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mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law; or
(5) Knowingly violates Section 2.07 of the Open
Meetings Act.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent the
investigation, apprehension, or prosecution of any criminal
offense or person. Nothing in this subsection (b) shall be
construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) For purposes of this Section, "special government

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agent" has the meaning ascribed to it in subsection (l) of
Section 4A-101 of the Illinois Governmental Ethics Act.
(Source: P.A. 98-867, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.