5 ILCS 850/ Empowering Public Participation Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

5 ILCS 850/1

(5 ILCS 850/1)

Sec. 1. Short title. This Act may be cited as the Empowering Public Participation Act.

(Source: P.A. 102-348, eff. 8-13-21.)

5 ILCS 850/5

(5 ILCS 850/5)

    Sec. 5. Definitions. As used in this Act:
    "Background check" means a criminal history check using the Law Enforcement Agencies Data System (LEADS).

"Law enforcement agency" means an agency of the State or of a unit of local government charged with enforcement of State, county, or municipal laws or with managing custody of detained persons in the State.

"Open meeting" has the meaning provided in Section 2 of the Open Meetings Act.

"Public body" has the meaning provided in Section 1.02 of the Open Meetings Act, and also includes police disciplinary boards.

(Source: P.A. 102-348, eff. 8-13-21.)

5 ILCS 850/10

(5 ILCS 850/10)

Sec. 10. Background checks on speakers prohibited.

(a) A law enforcement agency or an officer employed by a law enforcement agency may not knowingly and intentionally conduct a background check of a person for the sole reason of that person speaking at an open meeting of a public body, including police disciplinary boards.

(b) Subsection (a) does not apply: whenever an agency or officer develops a reasonable suspicion of criminal conduct or a reasonable suspicion of a threat to security for the premises in which the meeting is to occur or for the protection of public officials and other persons attending the meeting; and  whenever the person speaking at an open meeting of the public body is also under consideration for appointment to a government position by that public body.

(c) This Act creates no claims for damages or other relief for violations of this Act.

(Source: P.A. 102-348, eff. 8-13-21.)

5 ILCS 850/15

(5 ILCS 850/15)

Sec. 15. Penalty. A violation of subsection (a) of Section 10 is a Class C misdemeanor.

(Source: P.A. 102-348, eff. 8-13-21.)

5 ILCS 850/99

(5 ILCS 850/99)

Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 102-348, eff. 8-13-21.)