Bill Status of HB 1765   102nd General Assembly

Short Description:  OPEN MEETINGS-BACKGROUND CHECK

House Sponsors
Rep. Kambium Buckner, Carol Ammons, Delia C. Ramirez, Aaron M. Ortiz and Kelly M. Cassidy

Senate Sponsors
(Sen. Robert Peters-Jacqueline Y. Collins-Patricia Van Pelt-Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  8/13/2021HousePublic Act . . . . . . . . . 102-0348

Statutes Amended In Order of Appearance
5 ILCS 120/2.07 new
720 ILCS 5/33-3from Ch. 38, par. 33-3

Synopsis As Introduced
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.

House Floor Amendment No. 2
Deletes reference to:
5 ILCS 120/2.07 new
720 ILCS 5/33-3
Adds reference to:
New Act

Replaces everything after the enacting clause. 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.

Senate Committee Amendment No. 2
Provides that the provision prohibiting a law enforcement agency or an officer employed by a law enforcement agency from knowingly and intentionally conducting a background check of a person for the sole reason of that person speaking at an open meeting of a public body does not apply 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. Provides that the Act creates no claims for damages or other relief for violations of the Act.

Actions 
DateChamber Action
  2/11/2021HouseFiled with the Clerk by Rep. Kambium Buckner
  2/17/2021HouseFirst Reading
  2/17/2021HouseReferred to Rules Committee
  2/18/2021HouseAdded Co-Sponsor Rep. Carol Ammons
  2/26/2021HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  3/9/2021HouseAssigned to Judiciary - Criminal Committee
  3/15/2021HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  3/15/2021HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/16/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kambium Buckner
  3/16/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/16/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  3/18/2021HousePlaced on Calendar 2nd Reading - Short Debate
  3/18/2021HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/20/2021HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kambium Buckner
  4/20/2021HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/21/2021HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  4/22/2021HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  4/23/2021HouseHouse Floor Amendment No. 2 Adopted
  4/23/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2021HouseThird Reading - Short Debate - Passed 111-000-000
  4/27/2021SenateArrive in Senate
  4/27/2021SenatePlaced on Calendar Order of First Reading
  4/27/2021SenateChief Senate Sponsor Sen. Robert Peters
  4/27/2021SenateFirst Reading
  4/27/2021SenateReferred to Assignments
  5/10/2021SenateAssigned to Criminal Law
  5/11/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert Peters
  5/11/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/14/2021SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Robert Peters
  5/14/2021SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/14/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/14/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/17/2021SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/18/2021SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  5/18/2021SenateSenate Committee Amendment No. 2 Adopted
  5/19/2021SenateDo Pass as Amended Criminal Law; 009-001-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/20/2021SenateSecond Reading
  5/20/2021SenatePlaced on Calendar Order of 3rd Reading May 21, 2021
  5/26/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/29/2021SenateThird Reading - Passed; 038-017-000
  5/29/2021SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/29/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/29/2021HouseArrived in House
  5/29/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/30/2021HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Kambium Buckner
  5/30/2021HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2021HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2021HouseSenate Committee Amendment No. 2 House Concurs 073-044-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  6/29/2021HouseSent to the Governor
  8/13/2021HouseGovernor Approved
  8/13/2021HouseEffective Date August 13, 2021
  8/13/2021HousePublic Act . . . . . . . . . 102-0348

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