SB3491 104TH GENERAL ASSEMBLY

LRB104 19469 JRC 32917 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3491

Introduced 2/5/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

705 ILCS 90/1-5
705 ILCS 90/1-10
705 ILCS 90/2-1
705 ILCS 90/2-5
705 ILCS 90/2-10
705 ILCS 90/3-1
705 ILCS 90/4-1

Amends the Judicial Privacy Act to expand coverage to federal judicial officials and State judicial officials that includes judges and clerks of the State and federal judicial system. Amends "personal information" that may be protected to include financial, date of birth, race and ethnicity, and biometric information. Provides the method of making a written request to protect personal information by a federal and State judicial official. Creates form for the written request. Allows a court file or document to be sealed. Makes other changes.

A BILL FOR

AN ACT concerning the courts.

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

Section 5. The Judicial Privacy Act is amended by changing Sections 1-5, 1-10, 2-1, 2-5, 2-10, 3-1, 3-5, and 4-1 as follows:

(705 ILCS 90/1-5)

Sec. 1-5. Purpose. The purpose of this Act is to improve the safety and security of federal Illinois judicial officers and State judicial officers to ensure they are able to administer justice fairly without fear of personal reprisal from individuals affected by the decisions they make in the course of carrying out their public function.

This Act is not intended to restrain a federal judicial officer or State judicial officer from independently making public his or her own personal information. Additionally, no government agency, person, business, or association has any obligation under this Act to protect the privacy of a federal judicial officer's or State judicial officer's personal information until the federal judicial officer or State judicial officer makes a written request that his or her personal information not be publicly posted.

Nothing in this Act shall be construed to impair free access to decisions and opinions expressed by federal judicial officers or State judicial officers in the course of carrying out their public functions.

(Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Government agency" includes all agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of the State created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; or agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.

"Home address" includes a federal judicial officer's or State judicial officer's permanent residence and any secondary residences affirmatively identified by the federal judicial officer or State judicial officer, but does not include a federal judicial officer's or State judicial officer's work address.

"Immediate family" includes a federal judicial officer or state judicial officer's

(1) spouse,

(2) child under the age of 18,

(3) parent, or

(4) any blood relative of the federal judicial officer or State judicial officer or the judicial officer's spouse who lives in the same residence.

A federal judicial officer or State judicial officer may indicate the personal information of immediate family members to be excluded to the extent that it could reasonably be expected to reveal the personal information of the federal judicial officer or State judicial officer.

"Federal judicial officer" includes actively employed, former or deceased:

(1) Justices of the United States Supreme Court

(2) Judges of the United States Court of Appeals;

(3) Judges and magistrate judges of the United States District Court; and

(4) Judges of the United States Bankruptcy Court.

(5) Clerks of the federal Courts.

"Judicial officer" includes actively employed and former or deceased:

(1) Justices of the United States Supreme Court and the Illinois Supreme Court;

(2) Judges of the United States Court of Appeals;

(3) Judges and magistrate judges of the United States District Court;

(4) Judges of the United States Bankruptcy Court;

(5) Judges of the Illinois Appellate Court;

(6) Judges and associate judges of the Illinois Circuit Courts; and

(7) Administrative law judges as defined in Section 1-15 of the Illinois Administrative Procedure Act.

"Personal information" means a home address, home telephone number, mobile telephone number, pager number, personal email address, social security number, federal tax identification number, financial checking and savings account numbers, credit card numbers, date of birth, marital status, race and ethnicity, biometric information and identity of children under the age of 18.

"Publicly available content" means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency as of the date of the written request that may be obtained by any person or entity, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act.

"Publicly post" or "publicly display" means to communicate to another or otherwise make available to the general public.

"State judicial officer" means a judicial officer actively employed, appointed or elected, former or deceased:

(1) Justices of the Supreme Court of Illinois;

(2) Judges of the Illinois Appellate Court;

(3) Circuit and associate judges of the Illinois Circuit Courts;

(4) Administrative law judges as defined in Section 1-15 of the Illinois Administrative Procedure Act; and

(5) Clerks of the Illinois Supreme, Appellate or Circuit Courts.

"Written request" means written notice signed by a federal judicial officer, State judicial officer, or a representative of the federal judicial officer's or State judicial officer's employer requesting a government agency, person, business, or association to refrain from posting or displaying publicly available content that includes the federal judicial officer's or State judicial officer's personal information. A written request delivered to the government agency by unsecured electronic mail is not permitted. Written requests must be mailed via United States Postal Service or hand delivered to the government agency and contain relevant details to validate the source of the request, which may be accomplished by official letterhead, specific identifiers, digital signatures or other industry-standard authentication protocols. The written request must specifically identify the federal judicial officer or State judicial officer's information, cases, documents, or other content requested to be removed from public display. A written request must be provided for any new personal information which may be received after the date of any previous written request. Nothing in this Act requires a recipient of a written request to continue to review records for new personal information for a federal judicial officer, State judicial officer, or immediate family that may be received after the date of the written request specifying the personal information to be removed from public display.

(Source: P.A. 104-278, eff. 1-1-26.)

(705 ILCS 90/2-1)

Sec. 2-1. Publicly posting or displaying a federal judicial officer's or State judicial officer's personal information by government agencies.

(a) Government agencies shall not publicly post or display publicly available content that includes a federal judicial officer's or State judicial officer's personal information, provided that the government agency has received a written request in accordance with Sections 1-10 and Section 2-10 of this Act that it refrain from disclosing the federal judicial officer's or State judicial officer's personal information. After a government agency has received a written request, that agency shall remove the judicial officer's personal information from publicly available content within 5 business days. After the government agency has removed the judicial officer's personal information from publicly available content, the agency shall not publicly post or display the information and the judicial officer's personal information shall be exempt from the Freedom of Information Act unless the government agency has received consent from the federal judicial officer or State judicial officer to make the personal information available to the public.

(b) Redress. If a government agency willfully fails to comply with a written request to refrain from disclosing personal information, the federal judicial officer or State judicial officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.

(Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/2-5)

Sec. 2-5. Publicly posting a federal judicial officer's or State judicial officer's personal information on the Internet by government agency, persons, businesses, and associations.

(a) Prohibited Conduct.

(1) All persons, businesses, and associations shall refrain from publicly posting or displaying on the Internet publicly available content that includes a federal judicial officer's or State judicial officer's personal information, provided that the federal judicial officer or State judicial officer has made a written request to the government agency, person, business, or association that it refrain from disclosing the personal information.

(2) No person, business, or association shall solicit, sell, or trade on the Internet a federal judicial officer's or State judicial officer's personal information with the willful intent to pose an imminent and serious threat to the health and safety of the federal judicial officer or State judicial officer or the judicial officer's immediate family.

(3) This subsection includes, but is not limited to, Internet phone directories, Internet search engines, Internet data aggregators, and Internet service providers that are under the direct or contractual control of the government agency, person, business, or association.

(b) Required Conduct.

(1) After a person, business, or association has received a written request from a federal judicial officer or State judicial officer to protect the privacy of the federal judicial officer or state judicial officer's personal information, that government agency, person, business, or association shall have 5 business days 72 hours to remove the personal information from the Internet.

(2) After a government agency, person, business, or association has received a written request from a federal judicial officer or State judicial officer, that government agency, person, business, or association shall ensure that the judicial officer's personal information is not made available on any website or subsidiary website controlled or contracted by that person, business, or association.

(3) After receiving a federal judicial officer's or State judicial officer's written request, unless otherwise required by rule, order, or law, no government agency, person, business, or association shall transfer the federal judicial officer's or State judicial officer's written request or personal information to any other government agency, person, business, or association through any medium.

(4) Any written requests received by a government agency, person, business, or association is confidential and maintained as required by law, order, or rule.

(5) If a written request or notice from the Administrative Office of the Illinois Courts, directly from a federal judicial officer, State judicial officer, or requester's employer is received by a Supreme, Appellate, or Circuit Court Clerk of Illinois identifying specific court cases or documents containing a federal judicial officer or State judicial officer's personal information, the court clerk must seal the cases or documents identified in the written request or notice.

(c) Redress.

A federal judicial officer or State judicial officer whose personal information is made public as a result of a willful violation of this Act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the federal judicial officer's or State judicial officer's costs and reasonable attorney's fees.

(Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/2-10)

Sec. 2-10. Procedure for completing a written request.

(a) Requirement that a federal judicial officer or State judicial officer make a written request. No government agency, person, business, or association shall be found to have violated any provision of this Act if the federal judicial officer or State judicial officer fails to submit a written request calling for the protection of the officer's personal information. Upon the death of a federal judicial officer or State judicial officer, an immediate family may submit a written request as specified in Sections 1-10 and 2-10(c) requesting an extension of the removal of personal information from publicly available content.

(b) Written request procedure. A written request shall be valid if:

(1) The federal judicial officer may send sends a written request as specified in Sections 1-10 and 2-10(c) directly to a government agency, person, business, or association. A representative from the federal judicial officer's employer may submit a written request on the individual officer's behalf, provided that the federal judicial officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. ; or

(2) The If the Administrative Office of the Illinois Courts shall develop and provide has a policy and procedure for State a state judicial officers officer to file a the written request with the Administrative Office to notify State or local government agencies. Any information sent to or received from a government agency under this subsection may not be transacted via unsecured email. The policy shall be distributed annually to all State judicial officers and provide, at a minimum, the following: , the state judicial officer may send the written request to the Administrative Office of the Illinois Courts. In each quarter of a calendar year, the Administrative Office of the Illinois Courts shall provide a list of all state judicial officers who have submitted a written request to it, to the appropriate officer with ultimate supervisory authority for a government agency. The officer shall promptly provide a copy of the list to any and all government agencies under his or her supervision. Receipt of the written request list compiled by the Administrative Office of the Illinois Courts by a government agency shall constitute a written request to that Agency for the purposes of this Act.

(A) the form for the state judicial officer to use for a written request which meets the minimum requirements in Sections 1-10(i) and 2-10(c);

(B) identification of how to submit the written request, which may include a secure electronic submission;

(C) a procedure to provide quarterly updates in January, April, July and October to state or local government agencies of any new written requests received and detailed information about the statutory requirements to comply. Receipt of the written request list compiled by the Administrative Office of the Illinois Courts by a government agency shall constitute a written request to that Agency for the purposes of this Act;

(D) a procedure to allow a government agency which receives a quarterly update to provide confirmation that the personal information of the State judicial officer and, when applicable, immediate family has been removed from public display;

(E) a procedure to notify a government agency of a State judicial officer's death, request for extension by immediate family, or written permission to release the personal information; and

(F) a procedure to communicate to a state judicial officer that a government agency listed in a notice does not have contact information publicly available and to request the State judicial officer provide additional contact information.

the information identified by the State judicial officer to be removed from public view in any written request received by the Administrative Office of the Illinois Courts must be included in the notice provided to the recipient State or local government agency.

(c) A representative from the judicial officer's employer may submit a written request on the judicial officer's behalf, provided that the judicial officer gives written consent to the representative and provided that the representative agrees to furnish a copy of that consent when a written request is made. The representative shall submit the written request as provided in subsection (b) of this Section.

(c) (d) Information to be included in the written request. A federal judicial officer's or State judicial officer's written request shall specify: what personal information shall be maintained private.

(1) the date of the written request and identification of the person submitting the request if other than the federal judicial officer or state judicial officer;

(2) the name, home address, date of birth, and contact information;

(3) names, home address, including any secondary or alternative home addresses, contact information and any other relevant personal identifying information for any immediate family included in the request;

(4) identification of each State or local government agency to be notified;

(5) identification of the personal information to be removed from public display; and

(6) the specific areas, documents, cases, or other content in which the personal information for the federal judicial officer, State judicial officer, or immediate family is requested to be removed from public display and whether the personal information is online, printed in paper, or other format.

If a judicial officer wishes to identify a secondary residence as a home address as that term is defined in this Act, the designation shall be made in the written request.

A judicial officer shall disclose the identity of the officer's immediate family and indicate that the personal information of these family members shall also be excluded to the extent that it could reasonably be expected to reveal the personal information of the judicial officer.

(e) Duration of the written request.

(1) A judicial officer's written request is valid until the federal judicial officer or State judicial officer provides the government agency, person, business, or association with written permission to release the private information.

(2) A judicial officer's written request expires upon on death of the federal judicial officer or State judicial officer unless a request to extend the duration is submitted by the immediate family.

(Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/3-1)

Sec. 3-1. Unlawful publication of personal information. It is unlawful for any person to knowingly publicly post on the Internet the personal information of a federal judicial officer, State judicial officer, or of the judicial officer's immediate family 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 federal judicial officer, State judicial officer, or the judicial officer's immediate family, and the violation is a proximate cause of bodily injury or death of the federal judicial officer, State judicial officer, or a member of the judicial officer's immediate family. A person who violates this Section is guilty of a Class 3 felony.

(Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/4-1)

Sec. 4-1. Construction. This Act and any rules adopted to implement this Act shall be construed broadly to favor the protection of the personal information of federal judicial officers or State judicial officers.

(Source: P.A. 97-847, eff. 9-22-12.)