HB1765 102ND GENERAL ASSEMBLY

LRB102 03912 RLC 13927 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1765

Introduced 2/17/2021, 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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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.

(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 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 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.