SB1858 104TH GENERAL ASSEMBLY

LRB104 09574 RLC 19637 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1858

Introduced 2/5/2025, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

New Act

Creates the Privacy of Criminal Justice Data Act. Provides that each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Creates the Criminal Justice Information Sharing Act. Provides that every contract with the State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes. Defines terms.

A BILL FOR

AN ACT concerning criminal justice data.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article 1.

Section 1-1. Short title. This Article may be cited as the Privacy of Criminal Justice Data Act. References in this Article to "this Act" mean this Article.

Section 1-5. Definitions. In this Act:

"Civil immigration enforcement" means the enforcement of a civil immigration warrant issued by an immigration judge who is not appointed under Article III of the United States Constitution but who is appointed as an administrative judge by the United States Attorney General pursuant to the federal Immigration and Nationality Act.

"Civil immigration warrant" means any document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. "Civil immigration warrant" includes Form I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to Detain or Release Alien", Form I-205 "Warrant of Removal/Deportation", Form I-286 "Notice of Custody Determination", any predecessor or successor form, and all warrants, hits, or requests contained in the "Immigration Violator File" of the FBI's National Crime Information Center (NCIC) database. "Civil immigration warrant" does not include any criminal warrant.

"Contractor" means any person having a contract with a State agency or unit of local government.

"Criminal justice data" means the information described in Sections 2, 2.1, and 4.5 of the Criminal Identification Act and includes criminal history record information as defined in Section 3 of the Illinois Uniform Conviction Information Act.

Section 1-10. Criminal justice data; no sharing with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes. Each contractor or business that stores, maintains, or purchases criminal justice data for and from a State agency or unit of local government shall certify in the contract, under penalty of perjury, that the contractor or business will not share that data with U.S. Immigration and Customs Enforcement or for civil immigration enforcement purposes.

Article 5.

Section 5-1. Short title. This Article may be cited as the Criminal Justice Information Sharing Act. References in this Article to "this Act" mean this Article.

Section 5-5. Criminal justice information; prohibited sharing with Immigration and Customs Enforcement (ICE).

(a) In this Act:

"Civil immigration enforcement" means the enforcement of a civil immigration warrant issued by an immigration judge who is not appointed under Article III of the United States Constitution but who is appointed as an administrative judge by the United States Attorney General pursuant to the federal Immigration and Nationality Act.

"Civil immigration warrant" means any document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. "Civil immigration warrant" includes Form I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to Detain or Release Alien", Form I-205 "Warrant of Removal/Deportation", Form I-286 "Notice of Custody Determination", any predecessor or successor form, and all warrants, hits, or requests contained in the "Immigration Violator File" of the FBI's National Crime Information Center (NCIC) database. "Civil immigration warrant" does not include any criminal warrant.

"Criminal history record information" means data identifiable to an individual, including information collected under Section 4.5 of the Criminal Identification Act, and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre-trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation, and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes.

"Criminal justice information" means any and every type of information that is collected, transmitted, or maintained by the criminal justice system, including criminal history record information.

(b) Every contract with this State or a unit of local government to store, maintain, or purchase criminal justice information of this State or a unit of local government shall contain a provision in which the contractor certifies that it shall not share the criminal justice information with Immigration and Customs Enforcement (ICE) or for civil immigration enforcement purposes.