HB 1765

Abstract

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. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 120/2.07 new 720 ILCS 5/33-3 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Empowering Public Participation Act. Provides that 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. Provides exemptions 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. Provides that a violation of the prohibition is a Class C misdemeanor. Effective immediately. Senate Committee Amendment No. 2 Provides that the provision prohibiting a law enforcement agency or an officer employed by a law enforcement agency from knowingly and intentionally conducting a background check of a person for the sole reason of that person speaking at an open meeting of a public body does not apply 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. Provides that the Act creates no claims for damages or other relief for violations of the Act.