HB4771 104TH GENERAL ASSEMBLY

LRB104 18273 RTM 31712 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4771

Introduced , by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Law Enforcement Data Sharing Act. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to: (1) a law enforcement stop, search, or seizure; (2) a warrant, arrest, or citation; (3) participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program; (4) a criminal charge, disposition, or sentence; (5) a pretrial or posttrial release from custody, or any terms or conditions of release; (6) a grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or (7) a formal discipline, reclassification, or relocation of any person under criminal sentence or correctional control. Provides that a criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by the criminal justice agency that is subject to mandatory or discretionary disclosure to any member of the public under the Freedom of Information Act. Provides that a criminal justice agency may share with a bona fide researcher any other criminal justice data, records, or information, including relevant personally identifying information and demographic information, held by that agency that is responsive to a bona fide researcher's request. Provides that, within 6 months after the effective date of the Act, the Attorney General shall issue guidance to assist criminal justice agencies in complying with the Act's requirements. Provides that a criminal justice agency may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and copying of criminal justice data, records, or information requested under the Act, and may waive fees at their discretion.

A BILL FOR

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 Law Enforcement Data Sharing Act.

Section 5. Findings and purpose. The General Assembly finds and declares that:

(1) Criminal justice policies and programs that are evidence-based and supported by relevant research result in superior outcomes.

(2) State and local agencies record and retain a wide variety of criminal justice data and records, including sensitive information otherwise shielded from public disclosure.

(3) If provided access to these data and records, then bona fide researchers could conduct valuable research into criminal justice programs, practices, and outcomes that would benefit public safety and serve the public interest.

(4) Bona fide researchers can institute security protocols to protect and safeguard sensitive information, allowing them to safely access data and records that may not be suitable for broader public disclosure.

(5) Providing bona fide researchers with access to relevant criminal justice data and records will facilitate and promote criminal justice research, frequently at little to no cost to taxpayers.

Section 10. Definitions. As used in this Act:

"Bona fide researcher" means any individual or organization who:

(1) agrees that any personally identifiable information provided shall be used only for research and statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and that reports or publications derived from this information shall not identify specific individuals;

(2) certifies that they have secured approval by their institutional review board for the research or statistical project that is the basis of the data access request; and

(3) if they are requesting access to any confidential, personally identifiable data, certifies that they have security controls in place to prevent unauthorized access to any confidential, personally identifiable data, and that these controls have met the approval of their institutional review board.

"Criminal justice agency" means any court with criminal jurisdiction and any local, county, or State agency that performs any activity directly relating to:

(1) the detection or investigation of crime;

(2) the apprehension, pretrial release, posttrial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused persons or criminal offenders; or

(3) criminal identification activities or the collection, storage, or dissemination of arrest and criminal records information.

"Criminal justice data" means all data collected, created, received, maintained, or disseminated by any criminal justice agency regardless of its physical form, storage media, or conditions of use.

"Institutional review board" means any board, committee, or other group that reviews, approves initiation of, and conducts periodic review of research, and which has received accreditation for this purpose or is part of an accredited institution of higher learning.

"Record" means any information kept, held, filed, produced or reproduced by, with, or for a criminal justice agency, in any physical or digital form whatsoever, including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations, or codes.

Section 15. Researcher access to criminal justice data and records.

(a) A criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by that agency relating to:

(1) a law enforcement stop, search, or seizure;

(2) a warrant, arrest, or citation;

(3) participation in a pre-arrest or post-arrest diversion, specialty court, or other alternative resolution program;

(4) a criminal charge, disposition, or sentence;

(5) a pretrial or posttrial release from custody, or any terms or conditions of release;

(6) a grant, order, change in the terms of, or termination of pretrial supervised release, probation, parole, or participation in correctional or rehabilitative programs; or

(7) a formal discipline, reclassification, or relocation of any person under criminal sentence or correctional control.

(b) A criminal justice agency shall share with a bona fide researcher all criminal justice data and records, including relevant personally identifying information and demographic information, held by the criminal justice agency that is subject to mandatory or discretionary disclosure to any member of the public under the Freedom of Information Act.

(c) A criminal justice agency may share with a bona fide researcher any other criminal justice data, records, or information, including relevant personally identifying information and demographic information, held by the criminal justice agency that is responsive to a bona fide researcher's request.

(d) A release of criminal justice data, records, or information under this Section is not considered a release of data, records, or information to the public for the purposes of the Freedom of Information Act and does not waive the right to assert in the future that data, records, or information are excepted from disclosure under the Freedom of Information Act.

Section 20. Guidance. Within 6 months after the effective date of this Act, the Attorney General shall issue guidance to assist criminal justice agencies in complying with this Act's requirements, including a process for identifying bona fide researchers and sharing criminal justice data, records, and information with them.

Section 25. Fees. A criminal justice agency may assess reasonable fees, not to exceed actual costs, for the search, retrieval, and copying of criminal justice data, records, or information requested under this Act, and may waive fees at its discretion.

Section 30. Identifiable information. A bona fide researcher may not identify specific individuals in any report or publications derived from information obtained under this Act.