HB5184 101ST GENERAL ASSEMBLY

LRB101 18992 RLC 68451 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5184

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-615 new
50 ILCS 725/9 new

Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Uniform Peace Officers' Disciplinary Act. Provides that the Illinois State Police or a local law enforcement agency may not release any information to the public, a news organization, or other organization except to another law enforcement agency or as part of a criminal investigation that is of a personal nature or that is included in personnel records regarding an Illinois State Police officer or a peace officer employed by a local law enforcement agency without first informing the officer of the law enforcement agency's intent to release the information. Provides that the law enforcement agency must supply all pertinent information regarding the request and its intent to release the information, and must give the officer a copy of all information that will be released upon the request of the officer. Provides that this applies to any information released, including a Freedom of Information request, but does not apply to information released at the request of the officer or the officer's legal representative. Effective immediately.

A BILL FOR

AN ACT concerning law enforcement agencies.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-615 as follows:

(20 ILCS 2605/2605-615 new)

Sec. 2605-615. Officer personnel records and personal information; release. The Illinois State Police may not release any information to the public, a news organization, or other organization except to another law enforcement agency or as part of a criminal investigation that is of a personal nature or that is included in personnel records regarding an Illinois State Police officer without first informing the officer of the Illinois State Police's intent to release the information. The Illinois State Police must supply all pertinent information regarding the request and its intent to release the information, and must give the Illinois State Police officer a copy of all information that will be released upon the request of the officer. This Section applies to any information released, including a Freedom of Information request, but does not apply to information released at the request of the Illinois State Police officer or the officer's legal representative.

Section 10. The Uniform Peace Officers' Disciplinary Act is amended by adding Section 9 as follows:

(50 ILCS 725/9 new)

Sec. 9. Officer personnel records and personal information; release. A law enforcement agency may not release any information to the public, a news organization, or other organization except to another law enforcement agency or as part of a criminal investigation that is of a personal nature or that is included in personnel records regarding a peace officer without first informing the officer of the law enforcement agency's intent to release the information. The law enforcement agency must supply all pertinent information regarding the request and its intent to release the information, and must give the officer a copy of all information that will be released upon the request of the officer. This Section applies to any information released, including a Freedom of Information request, but does not apply to information released at the request of the peace officer or the officer's legal representative.

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