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Illinois Senate Bill SB1664

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1664 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1664 Introduced 2/5/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: 820 ILCS 40/1 from Ch. 48, par. 2001820 ILCS 40/8 from Ch. 48, par. 2008820 ILCS 40/8.5 new820 ILCS 40/9 from Ch. 48, par. 2009 Amends the Personnel Record Review Act. Provides that a law enforcement agency shall only release a law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board. Provides that a written request shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include either a waiver signed by the law enforcement officer applying for employment with the law enforcement agency or a copy of the law enforcement officer's application for employment. Provides that, if a request is made for release of a law enforcement personnel file that satisfies the requirements, the law enforcement agency shall release a copy of the complete law enforcement personnel file to the requesting law enforcement agency. Provides that a requesting law enforcement agency shall not maintain the law enforcement personnel file following the employment determination. Permits an employer to keep records concerning an employee's activities or associations with extremist or terrorist organizations. Defines terms. LRB104 09873 SPS 19941 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1664 Introduced 2/5/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: 820 ILCS 40/1 from Ch. 48, par. 2001820 ILCS 40/8 from Ch. 48, par. 2008820 ILCS 40/8.5 new820 ILCS 40/9 from Ch. 48, par. 2009 820 ILCS 40/1 from Ch. 48, par. 2001 820 ILCS 40/8 from Ch. 48, par. 2008 820 ILCS 40/8.5 new 820 ILCS 40/9 from Ch. 48, par. 2009 Amends the Personnel Record Review Act. Provides that a law enforcement agency shall only release a law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board. Provides that a written request shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include either a waiver signed by the law enforcement officer applying for employment with the law enforcement agency or a copy of the law enforcement officer's application for employment. Provides that, if a request is made for release of a law enforcement personnel file that satisfies the requirements, the law enforcement agency shall release a copy of the complete law enforcement personnel file to the requesting law enforcement agency. Provides that a requesting law enforcement agency shall not maintain the law enforcement personnel file following the employment determination. Permits an employer to keep records concerning an employee's activities or associations with extremist or terrorist organizations. Defines terms. LRB104 09873 SPS 19941 b LRB104 09873 SPS 19941 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1664 Introduced 2/5/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
33 820 ILCS 40/1 from Ch. 48, par. 2001820 ILCS 40/8 from Ch. 48, par. 2008820 ILCS 40/8.5 new820 ILCS 40/9 from Ch. 48, par. 2009 820 ILCS 40/1 from Ch. 48, par. 2001 820 ILCS 40/8 from Ch. 48, par. 2008 820 ILCS 40/8.5 new 820 ILCS 40/9 from Ch. 48, par. 2009
44 820 ILCS 40/1 from Ch. 48, par. 2001
55 820 ILCS 40/8 from Ch. 48, par. 2008
66 820 ILCS 40/8.5 new
77 820 ILCS 40/9 from Ch. 48, par. 2009
88 Amends the Personnel Record Review Act. Provides that a law enforcement agency shall only release a law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board. Provides that a written request shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include either a waiver signed by the law enforcement officer applying for employment with the law enforcement agency or a copy of the law enforcement officer's application for employment. Provides that, if a request is made for release of a law enforcement personnel file that satisfies the requirements, the law enforcement agency shall release a copy of the complete law enforcement personnel file to the requesting law enforcement agency. Provides that a requesting law enforcement agency shall not maintain the law enforcement personnel file following the employment determination. Permits an employer to keep records concerning an employee's activities or associations with extremist or terrorist organizations. Defines terms.
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1414 1 AN ACT concerning employment.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Personnel Record Review Act is amended by
1818 5 changing Sections 1, 8, and 9 and by adding Section 8.5 as
1919 6 follows:
2020 7 (820 ILCS 40/1) (from Ch. 48, par. 2001)
2121 8 Sec. 1. Definitions. As used in this Act:
2222 9 (a) "Employee" means a person currently employed or
2323 10 subject to recall after layoff or leave of absence with a right
2424 11 to return at a position with an employer or a former employee
2525 12 who has terminated service within the preceding year.
2626 13 (b) "Employer" means an individual, corporation,
2727 14 partnership, labor organization, unincorporated association,
2828 15 the State, an agency or a political subdivision of the State,
2929 16 or any other legal, business, or commercial entity which has 5
3030 17 employees or more than 5 employees exclusive of the employer's
3131 18 parent, spouse or child or other members of his immediate
3232 19 family and includes an agent of the employer.
3333 20 (c) "Law enforcement agency" means any entity with
3434 21 statutory police powers and the ability to employ individuals
3535 22 authorized to make arrests.
3636 23 (d) "Law enforcement personnel file" means all records
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1664 Introduced 2/5/2025, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED:
4141 820 ILCS 40/1 from Ch. 48, par. 2001820 ILCS 40/8 from Ch. 48, par. 2008820 ILCS 40/8.5 new820 ILCS 40/9 from Ch. 48, par. 2009 820 ILCS 40/1 from Ch. 48, par. 2001 820 ILCS 40/8 from Ch. 48, par. 2008 820 ILCS 40/8.5 new 820 ILCS 40/9 from Ch. 48, par. 2009
4242 820 ILCS 40/1 from Ch. 48, par. 2001
4343 820 ILCS 40/8 from Ch. 48, par. 2008
4444 820 ILCS 40/8.5 new
4545 820 ILCS 40/9 from Ch. 48, par. 2009
4646 Amends the Personnel Record Review Act. Provides that a law enforcement agency shall only release a law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board. Provides that a written request shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include either a waiver signed by the law enforcement officer applying for employment with the law enforcement agency or a copy of the law enforcement officer's application for employment. Provides that, if a request is made for release of a law enforcement personnel file that satisfies the requirements, the law enforcement agency shall release a copy of the complete law enforcement personnel file to the requesting law enforcement agency. Provides that a requesting law enforcement agency shall not maintain the law enforcement personnel file following the employment determination. Permits an employer to keep records concerning an employee's activities or associations with extremist or terrorist organizations. Defines terms.
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7777 1 related to a law enforcement officer's performance,
7878 2 discipline, training, employment history, and any
7979 3 investigation of the law enforcement officer for the duration
8080 4 of the law enforcement officer's employment with the law
8181 5 enforcement agency.
8282 6 (Source: P.A. 83-1339.)
8383 7 (820 ILCS 40/8) (from Ch. 48, par. 2008)
8484 8 Sec. 8. An employer shall review a personnel record before
8585 9 releasing information to a third party and, except when the
8686 10 release is required under Section 9 or ordered to a party in a
8787 11 legal action or arbitration, delete disciplinary reports,
8888 12 letters of reprimand, or other records of disciplinary action
8989 13 which are more than 4 years old. This Section does not apply to
9090 14 a school district or an authorized employee or agent of a
9191 15 school district who is sharing information related to an
9292 16 incident or an attempted incident of sexual abuse, severe
9393 17 physical abuse, or sexual misconduct as defined in subsection
9494 18 (c) of Section 22-85.5 of this Code.
9595 19 (Source: P.A. 101-531, eff. 8-23-19; 102-702, eff. 7-1-23.)
9696 20 (820 ILCS 40/8.5 new)
9797 21 Sec. 8.5. Release of law enforcement personnel files.
9898 22 (a) A law enforcement agency shall only release a law
9999 23 enforcement personnel file upon receipt of a written request
100100 24 from a law enforcement agency for the purpose of making an
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111111 1 employment determination by the law enforcement agency or a
112112 2 hiring board, such as the Illinois State Police Merit Board or
113113 3 an equivalent board. A written request under this subsection
114114 4 shall be on the law enforcement agency's official letterhead,
115115 5 signed by the agency head or the agency head's designee, and
116116 6 shall include either a waiver signed by the law enforcement
117117 7 officer applying for employment with the law enforcement
118118 8 agency or a copy of the law enforcement officer's application
119119 9 for employment.
120120 10 (b) If a request is made for release of a law enforcement
121121 11 personnel file that satisfies the requirements described in
122122 12 subsection (a), the law enforcement agency shall release a
123123 13 copy of the complete law enforcement personnel file to the
124124 14 requesting law enforcement agency. A requesting law
125125 15 enforcement agency shall not maintain the law enforcement
126126 16 personnel file following the employment determination.
127127 17 (820 ILCS 40/9) (from Ch. 48, par. 2009)
128128 18 Sec. 9. An employer shall not gather or keep a record of an
129129 19 employee's associations, political activities, publications,
130130 20 communications or nonemployment activities, unless the
131131 21 employee submits the information in writing or gives the
132132 22 employer express, written consent when the employer keeps or
133133 23 gathers the information. This prohibition shall not apply to
134134 24 (i) activities or associations with individuals or groups
135135 25 involved in the physical, sexual, or other exploitation of a
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