Rep. Kambium Buckner

Filed: 4/20/2021





10200HB1765ham002LRB102 03912 RLC 25665 a


2    AMENDMENT NO. ______. Amend House Bill 1765 by replacing
3everything after the enacting clause with the following:
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



10200HB1765ham002- 2 -LRB102 03912 RLC 25665 a

2    Section 10. Background checks on speakers prohibited.
3    (a) A law enforcement agency or an officer employed by a
4law enforcement agency may not knowingly and intentionally
5conduct a background check of a person for the sole reason of
6that person speaking at an open meeting of a public body,
7including police disciplinary boards.
8    (b) Subsection (a) does not apply whenever an agency or
9officer develops a reasonable suspicion of criminal conduct or
10a reasonable suspicion of a threat to security for the
11premises in which the meeting is to occur or for the protection
12of public officials and other persons attending the meeting.
13    Section 15. Penalty. A violation of subsection (a) of
14Section 10 is a Class C misdemeanor.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".