IL
Illinois Senate Bill SB3671

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3671 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3671 Introduced 2/9/2024, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: New Act Creates the State's Attorney and Peace Officer Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes the personal information of a State's Attorney, Assistant State's Attorney, or peace officer if the government agency has received a written request in accordance with the Act that it refrain from disclosing the personal information of a State's Attorney, Assistant State's Attorney, or peace officer. Provides that if a government agency fails to comply with a written request to refrain from disclosing personal information, the State's Attorney, Assistant State's Attorney, or peace officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Provides that it is unlawful for any person to knowingly publicly post on the Internet the personal information of a State's Attorney, Assistant State's Attorney, or peace officer or of the immediate family of a State's Attorney, Assistant State's Attorney, or peace officer if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer, and the violation is a proximate cause of bodily injury or death of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer. Provides that a person who violates this provision is guilty of a Class 3 felony. Provides exemptions. Defines terms. Effective immediately. LRB103 36530 JRC 66637 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3671 Introduced 2/9/2024, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED: New Act New Act Creates the State's Attorney and Peace Officer Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes the personal information of a State's Attorney, Assistant State's Attorney, or peace officer if the government agency has received a written request in accordance with the Act that it refrain from disclosing the personal information of a State's Attorney, Assistant State's Attorney, or peace officer. Provides that if a government agency fails to comply with a written request to refrain from disclosing personal information, the State's Attorney, Assistant State's Attorney, or peace officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Provides that it is unlawful for any person to knowingly publicly post on the Internet the personal information of a State's Attorney, Assistant State's Attorney, or peace officer or of the immediate family of a State's Attorney, Assistant State's Attorney, or peace officer if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer, and the violation is a proximate cause of bodily injury or death of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer. Provides that a person who violates this provision is guilty of a Class 3 felony. Provides exemptions. Defines terms. Effective immediately. LRB103 36530 JRC 66637 b LRB103 36530 JRC 66637 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3671 Introduced 2/9/2024, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
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55 Creates the State's Attorney and Peace Officer Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes the personal information of a State's Attorney, Assistant State's Attorney, or peace officer if the government agency has received a written request in accordance with the Act that it refrain from disclosing the personal information of a State's Attorney, Assistant State's Attorney, or peace officer. Provides that if a government agency fails to comply with a written request to refrain from disclosing personal information, the State's Attorney, Assistant State's Attorney, or peace officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Provides that it is unlawful for any person to knowingly publicly post on the Internet the personal information of a State's Attorney, Assistant State's Attorney, or peace officer or of the immediate family of a State's Attorney, Assistant State's Attorney, or peace officer if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer, and the violation is a proximate cause of bodily injury or death of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer. Provides that a person who violates this provision is guilty of a Class 3 felony. Provides exemptions. Defines terms. Effective immediately.
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1111 1 AN ACT concerning State's Attorneys, Assistant State's
1212 2 Attorneys, peace officers, and their immediate families.
1313 3 Be it enacted by the People of the State of Illinois,
1414 4 represented in the General Assembly:
1515 5 Section 1. Short title. This Act may be cited as the
1616 6 State's Attorney and Peace Officer Privacy Act.
1717 7 Section 5. Purpose. The purpose of this Act is to improve
1818 8 the safety and security of Illinois State's Attorneys,
1919 9 Assistant State's Attorneys, and peace officers to ensure they
2020 10 are able to administer their duties fairly without fear of
2121 11 personal reprisal from individuals affected by the decisions
2222 12 they make in the course of carrying out their public function.
2323 13 This Act is not intended to restrain a State's Attorney,
2424 14 Assistant State's Attorney, or peace officer from
2525 15 independently making public his or her own personal
2626 16 information. Additionally, no government agency, person,
2727 17 business, or association has any obligation under this Act to
2828 18 protect the privacy of the personal information of a State's
2929 19 Attorney, Assistant State's Attorney, or peace officer until
3030 20 the State's Attorney, Assistant State's Attorney, or peace
3131 21 officer makes a written request that his or her personal
3232 22 information not be publicly posted.
3333 23 Nothing in this Act shall be construed to impair free
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4040 Creates the State's Attorney and Peace Officer Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes the personal information of a State's Attorney, Assistant State's Attorney, or peace officer if the government agency has received a written request in accordance with the Act that it refrain from disclosing the personal information of a State's Attorney, Assistant State's Attorney, or peace officer. Provides that if a government agency fails to comply with a written request to refrain from disclosing personal information, the State's Attorney, Assistant State's Attorney, or peace officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Provides that it is unlawful for any person to knowingly publicly post on the Internet the personal information of a State's Attorney, Assistant State's Attorney, or peace officer or of the immediate family of a State's Attorney, Assistant State's Attorney, or peace officer if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer, and the violation is a proximate cause of bodily injury or death of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer. Provides that a person who violates this provision is guilty of a Class 3 felony. Provides exemptions. Defines terms. Effective immediately.
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6868 1 access to the official actions of a State's Attorney,
6969 2 Assistant State's Attorney, or peace officer that are public
7070 3 information and in the course of carrying out his or her public
7171 4 functions.
7272 5 Section 10. Definitions. In this Act:
7373 6 "Government agency" includes all agencies, authorities,
7474 7 boards, commissions, departments, institutions, offices, and
7575 8 any other bodies politic and corporate of the State created by
7676 9 the Constitution or statute, whether in the executive,
7777 10 judicial, or legislative branch; all units and corporate
7878 11 outgrowths created by executive order of the Governor or any
7979 12 constitutional officer, by the Supreme Court, or by resolution
8080 13 of the General Assembly; or agencies, authorities, boards,
8181 14 commissions, departments, institutions, offices, and any other
8282 15 bodies politic and corporate of a unit of local government, or
8383 16 school district.
8484 17 "Home address" includes a permanent residence of a State's
8585 18 Attorney, Assistant State's Attorney, or peace officer and any
8686 19 secondary residences affirmatively identified by the State's
8787 20 Attorney, Assistant State's Attorney, or peace officer, but
8888 21 does not include a work address of a State's Attorney,
8989 22 Assistant State's Attorney, or peace officer.
9090 23 "Immediate family" includes a spouse, child, parent, or
9191 24 any blood relative of the State's Attorney, Assistant State's
9292 25 Attorney, or peace officer who lives in the same residence.
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103103 1 "Peace officer" has the meaning given the term in Section
104104 2 2-13 of the Criminal Code of 2012.
105105 3 "Personal information" means a home address, home
106106 4 telephone number, mobile telephone number, pager number,
107107 5 personal email address, social security number, federal tax
108108 6 identification number, checking and savings account numbers,
109109 7 credit card numbers, marital status, and identity of children
110110 8 under the age of 18.
111111 9 "Publicly available content" means any written, printed,
112112 10 or electronic document or record that provides information or
113113 11 that serves as a document or record maintained, controlled, or
114114 12 in the possession of a government agency that may be obtained
115115 13 by any person or entity, from the Internet, from the
116116 14 government agency upon request either free of charge or for a
117117 15 fee, or in response to a request under the Freedom of
118118 16 Information Act.
119119 17 "Publicly post" or "publicly display" means to communicate
120120 18 to another or otherwise make available to the general public.
121121 19 "Written request" means written notice signed by a State's
122122 20 Attorney, Assistant State's Attorney, or peace officer or a
123123 21 representative of the employer of the State's Attorney,
124124 22 Assistant State's Attorney, or peace officer requesting a
125125 23 government agency, person, business, or association to refrain
126126 24 from posting or displaying publicly available content that
127127 25 includes the personal information of a State's Attorney,
128128 26 Assistant State's Attorney, or peace officer.
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139139 1 Section 15. Publicly posting personal information;
140140 2 government agencies.
141141 3 (a) Government agencies shall not publicly post or display
142142 4 publicly available content that includes the personal
143143 5 information of a State's Attorney, Assistant State's Attorney,
144144 6 or peace officer if the government agency has received a
145145 7 written request in accordance with Section 20 that it refrain
146146 8 from disclosing the personal information of a State's
147147 9 Attorney, Assistant State's Attorney, or peace officer. After
148148 10 a government agency has received a written request, that
149149 11 agency shall remove the personal information of a State's
150150 12 Attorney, Assistant State's Attorney, or peace officer from
151151 13 publicly available content within 5 business days. After the
152152 14 government agency has removed the personal information of a
153153 15 State's Attorney, Assistant State's Attorney, or peace officer
154154 16 from publicly available content, the agency shall not publicly
155155 17 post or display the information and the personal information
156156 18 of a State's Attorney, Assistant State's Attorney, or peace
157157 19 officer shall be exempt from the Freedom of Information Act
158158 20 unless the government agency has received consent from the
159159 21 State's Attorney, Assistant State's Attorney, or peace officer
160160 22 to make the personal information available to the public.
161161 23 (b) Redress. If a government agency fails to comply with a
162162 24 written request to refrain from disclosing personal
163163 25 information, the State's Attorney, Assistant State's Attorney,
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174174 1 or peace officer may bring an action seeking injunctive or
175175 2 declaratory relief in any court of competent jurisdiction.
176176 3 Section 20. Publicly posting personal information;
177177 4 persons, businesses, and associations; Internet.
178178 5 (a) Prohibited Conduct.
179179 6 (1) All persons, businesses, and associations
180180 7 shall refrain from publicly posting or displaying on
181181 8 the Internet publicly available content that includes
182182 9 the personal information of a State's Attorney,
183183 10 Assistant State's Attorney, or peace officer if the
184184 11 State's Attorney, Assistant State's Attorney, or peace
185185 12 officer has made a written request to the person,
186186 13 business, or association that it refrain from
187187 14 disclosing the personal information.
188188 15 (2) No person, business, or association shall
189189 16 solicit, sell, or trade on the Internet the personal
190190 17 information of a State's Attorney, Assistant State's
191191 18 Attorney, or peace officer with the intent to pose an
192192 19 imminent and serious threat to the health and safety
193193 20 of the State's Attorney, Assistant State's Attorney,
194194 21 or peace officer or the immediate family of the
195195 22 State's Attorney, Assistant State's Attorney, or peace
196196 23 officer.
197197 24 (3) This subsection includes, but is not limited
198198 25 to, Internet phone directories, Internet search
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209209 1 engines, Internet data aggregators, and Internet
210210 2 service providers.
211211 3 (b) Required Conduct.
212212 4 (1) After a person, business, or association has
213213 5 received a written request from a State's Attorney,
214214 6 Assistant State's Attorney, or peace officer to
215215 7 protect the privacy of the personal information of the
216216 8 State's Attorney, Assistant State's Attorney, or peace
217217 9 officer, that person, business, or association shall
218218 10 have 72 hours to remove the personal information from
219219 11 the Internet.
220220 12 (2) After a person, business, or association has
221221 13 received a written request from a State's Attorney,
222222 14 Assistant State's Attorney, or peace officer, that
223223 15 person, business, or association shall ensure that the
224224 16 personal information of the State's Attorney,
225225 17 Assistant State's Attorney, or peace officer is not
226226 18 made available on any website or subsidiary website
227227 19 controlled by that person, business, or association.
228228 20 (3) After receiving a written request from the
229229 21 State's Attorney, Assistant State's Attorney, or peace
230230 22 officer, no person, business, or association shall
231231 23 transfer the personal information of the State's
232232 24 Attorney, Assistant State's Attorney, or peace officer
233233 25 to any other person, business, or association through
234234 26 any medium.
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245245 1 (c) Redress. A State's Attorney, Assistant State's
246246 2 Attorney, or peace officer whose personal information is made
247247 3 public as a result of a violation of this Act may bring an
248248 4 action seeking injunctive or declaratory relief in any court
249249 5 of competent jurisdiction. If the court grants injunctive or
250250 6 declaratory relief, the person, business, or association
251251 7 responsible for the violation shall be required to pay the
252252 8 State's Attorney, Assistant State's Attorney, or peace officer
253253 9 costs and reasonable attorney's fees.
254254 10 Section 25. Written requests.
255255 11 (a) Requirement that a State's Attorney, Assistant State's
256256 12 Attorney, or peace officer make a written request. No
257257 13 government agency, person, business, or association shall be
258258 14 found to have violated any provision of this Act if the State's
259259 15 Attorney, Assistant State's Attorney, or peace officer fails
260260 16 to submit a written request calling for the protection of the
261261 17 person's personal information.
262262 18 (b) Written request procedure. A written request shall be
263263 19 valid if:
264264 20 (1) the State's Attorney, Assistant State's Attorney,
265265 21 or peace officer sends a written request directly to a
266266 22 government agency, person, business, or association; or
267267 23 (2) if the Attorney General has a policy and procedure
268268 24 for a State's Attorney, Assistant State's Attorney, or
269269 25 peace officer to file the written request with the
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280280 1 Attorney General to notify government agencies, the
281281 2 State's Attorney, Assistant State's Attorney, or peace
282282 3 officer may send the written request to the Attorney
283283 4 General. In each quarter of a calendar year, the Attorney
284284 5 General shall provide a list of all State's Attorneys,
285285 6 Assistant State's Attorneys, and peace officers who have
286286 7 submitted a written request to the Attorney General, to
287287 8 the appropriate officer with ultimate supervisory
288288 9 authority for a government agency. The officer shall
289289 10 promptly provide a copy of the list to any and all
290290 11 government agencies under his or her supervision. Receipt
291291 12 of the written request list compiled by the Attorney
292292 13 General by a government agency shall constitute a written
293293 14 request to that Agency for the purposes of this Act.
294294 15 (c) A representative from the State's Attorney, Assistant
295295 16 State's Attorney, or peace officer employer may submit a
296296 17 written request on the State's Attorney, Assistant State's
297297 18 Attorney, or peace officer behalf if the State's Attorney,
298298 19 Assistant State's Attorney, or peace officer gives written
299299 20 consent to the representative and if the representative agrees
300300 21 to furnish a copy of that consent when a written request is
301301 22 made. The representative shall submit the written request as
302302 23 provided in subsection (b) of this Section.
303303 24 (d) Information to be included in the written request. A
304304 25 written request of the State's Attorney, Assistant State's
305305 26 Attorney, or peace officer shall specify what personal
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316316 1 information shall be maintained private.
317317 2 If a State's Attorney, Assistant State's Attorney, or
318318 3 peace officer wishes to identify a secondary residence as a
319319 4 home address as that term is defined in this Act, the
320320 5 designation shall be made in the written request.
321321 6 A State's Attorney, Assistant State's Attorney, or peace
322322 7 officer shall disclose the identity of the immediate family of
323323 8 the State's Attorney, Assistant State's Attorney, or peace
324324 9 officer and indicate that the personal information of these
325325 10 family members shall also be excluded to the extent that it
326326 11 could reasonably be expected to reveal the personal
327327 12 information of the State's Attorney, Assistant State's
328328 13 Attorney, or peace officer.
329329 14 (e) Duration of the written request. A written request of
330330 15 the State's Attorney, Assistant State's Attorney, or peace
331331 16 officer is valid until the State's Attorney, Assistant State's
332332 17 Attorney, or peace officer provides the government agency,
333333 18 person, business, or association with written permission to
334334 19 release the private information. The written request of a
335335 20 State's Attorney, Assistant State's Attorney, or peace officer
336336 21 expires on death.
337337 22 Section 30. Unlawful publication of personal information.
338338 23 It is unlawful for any person to knowingly publicly post on the
339339 24 Internet the personal information of a State's Attorney,
340340 25 Assistant State's Attorney, or peace officer or of the
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351351 1 immediate family of a State's Attorney, Assistant State's
352352 2 Attorney, or peace officer if the person knows or reasonably
353353 3 should know that publicly posting the personal information
354354 4 poses an imminent and serious threat to the health and safety
355355 5 of the State's Attorney, Assistant State's Attorney, or peace
356356 6 officer or the immediate family of the State's Attorney,
357357 7 Assistant State's Attorney, or peace officer, and the
358358 8 violation is a proximate cause of bodily injury or death of the
359359 9 State's Attorney, Assistant State's Attorney, or peace officer
360360 10 or the immediate family of the State's Attorney, Assistant
361361 11 State's Attorney, or peace officer. A person who violates this
362362 12 Section is guilty of a Class 3 felony.
363363 13 Section 35. Exceptions for employees of government
364364 14 agencies. If the employee of a government agency has complied
365365 15 with the conditions set forth in this Act, it is not a
366366 16 violation of Section 30 if an employee of a government agency
367367 17 publishes personal information, in good faith, on the website
368368 18 of the government agency in the ordinary course of carrying
369369 19 out public functions.
370370 20 Section 40. Construction. This Act and any rules adopted
371371 21 to implement this Act shall be construed broadly to favor the
372372 22 protection of the personal information of a State's Attorney,
373373 23 Assistant State's Attorney, or peace officer or the immediate
374374 24 family of a State's Attorney, Assistant State's Attorney, or
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385385 1 peace officer.
386386 2 Section 97. Severability. The provisions of this Act are
387387 3 severable under Section 1.31 of the Statute on Statutes.
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