Public Act 102-0348
 
HB1765 EnrolledLRB102 03912 RLC 13927 b


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


 
    Section 1. Short title. This Act may be cited as the 
Empowering Public Participation Act.
 
    Section 5. Definitions. As used in this Act:
    "Background check" means a criminal history check using 
the Law Enforcement Agencies Data System (LEADS).
    "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.
    "Open meeting" has the meaning provided in Section 2 of 
the Open Meetings Act.
    "Public body" has the meaning provided in Section 1.02 of 
the Open Meetings Act, and also includes police disciplinary 
boards.
 
    Section 10. Background checks on speakers prohibited.
    (a) 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.
    (b) Subsection (a) does not apply: 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; 
and  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.
    (c) This Act creates no claims for damages or other relief 
for violations of this Act.
 
    Section 15. Penalty. A violation of subsection (a) of 
Section 10 is a Class C misdemeanor.
 

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


Effective Date:  8/13/2021