HB1765 EnrolledLRB102 03912 RLC 13927 b


  
1    AN ACT concerning government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 1. Short title. This Act may be cited as the 
5Empowering Public Participation Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Background check" means a criminal history check using 
8the Law Enforcement Agencies Data System (LEADS).
9    "Law enforcement agency" means an agency of the State or 
10of a unit of local government charged with enforcement of 
11State, county, or municipal laws or with managing custody of 
12detained persons in the State.
13    "Open meeting" has the meaning provided in Section 2 of 
14the Open Meetings Act.
15    "Public body" has the meaning provided in Section 1.02 of 
16the Open Meetings Act, and also includes police disciplinary 
17boards.
 
18    Section 10. Background checks on speakers prohibited.
19    (a) A law enforcement agency or an officer employed by a 
20law enforcement agency may not knowingly and intentionally 
21conduct a background check of a person for the sole reason of 
22that person speaking at an open meeting of a public body, 
 
 
HB1765 Enrolled- 2 -LRB102 03912 RLC 13927 b

1including police disciplinary boards.
2    (b) Subsection (a) does not apply: whenever an agency or 
3officer develops a reasonable suspicion of criminal conduct or 
4a reasonable suspicion of a threat to security for the 
5premises in which the meeting is to occur or for the protection 
6of public officials and other persons attending the meeting; 
7and  whenever the person speaking at an open meeting of the 
8public body is also under consideration for appointment to a 
9government position by that public body.
10    (c) This Act creates no claims for damages or other relief 
11for violations of this Act.
 
12    Section 15. Penalty. A violation of subsection (a) of 
13Section 10 is a Class C misdemeanor.
 

14    Section 99. Effective date. This Act takes effect upon 
15becoming law.