Illinois General Assembly - Full Text of HB3280
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Full Text of HB3280  102nd General Assembly

HB3280eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3280 EngrossedLRB102 16317 LNS 21703 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

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1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

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1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed
7    Carry Licensing Review Board under the Firearm Concealed
8    Carry Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of
22    an eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day
26    and temporary labor service agencies but are exempt from

 

 

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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) Information that is exempt from disclosure under
11    Section 70 of the Higher Education Student Assistance Act.
12        (oo) Communications, notes, records, and reports
13    arising out of a peer support counseling session
14    prohibited from disclosure under the First Responders
15    Suicide Prevention Act.
16        (pp) Names and all identifying information relating to
17    an employee of an emergency services provider or law
18    enforcement agency under the First Responders Suicide
19    Prevention Act.
20        (qq) Information and records held by the Department of
21    Public Health and its authorized representatives collected
22    under the Reproductive Health Act.
23        (rr) Information that is exempt from disclosure under
24    the Cannabis Regulation and Tax Act.
25        (ss) Data reported by an employer to the Department of
26    Human Rights pursuant to Section 2-108 of the Illinois

 

 

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1    Human Rights Act.
2        (tt) Recordings made under the Children's Advocacy
3    Center Act, except to the extent authorized under that
4    Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
26100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

 

 

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18-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
2eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
3100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
46-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
5eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
6101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
71-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
8eff. 7-7-20.)
 
9    Section 10. The Election Code is amended by changing
10Sections 1A-16, 19-1, and 20-3 as follows:
 
11    (10 ILCS 5/1A-16)
12    Sec. 1A-16. Voter registration information; Internet
13posting; processing of voter registration forms; content of
14such forms. Notwithstanding any law to the contrary, the
15following provisions shall apply to voter registration under
16this Code.
17    (a) Voter registration information; Internet posting of
18voter registration form. Within 90 days after August 21, 2003
19(the effective date of Public Act 93-574), the State Board of
20Elections shall post on its World Wide Web site the following
21information:
22        (1) A comprehensive list of the names, addresses,
23    phone numbers, and websites, if applicable, of all county
24    clerks and boards of election commissioners in Illinois.

 

 

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1        (2) A schedule of upcoming elections and the deadline
2    for voter registration.
3        (3) A downloadable, printable voter registration form,
4    in at least English and in Spanish versions, that a person
5    may complete and mail or submit to the State Board of
6    Elections or the appropriate county clerk or board of
7    election commissioners.
8Any forms described under paragraph (3) must state the
9following:
10        If you do not have a driver's license or social
11    security number, and this form is submitted by mail, and
12    you have never registered to vote in the jurisdiction you
13    are now registering in, then you must send, with this
14    application, either (i) a copy of a current and valid
15    photo identification, or (ii) a copy of a current utility
16    bill, bank statement, government check, paycheck, or other
17    government document that shows the name and address of the
18    voter. If you do not provide the information required
19    above, then you will be required to provide election
20    officials with either (i) or (ii) described above the
21    first time you vote at a voting place.
22    (b) Acceptance of registration forms by the State Board of
23Elections and county clerks and board of election
24commissioners. The State Board of Elections, county clerks,
25and board of election commissioners shall accept all completed
26voter registration forms described in subsection (a)(3) of

 

 

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1this Section and Section Sections 1A-17 and voter registration
2forms created under Section 30 of the Address Confidentiality
3for Victims of Domestic Violence, Sexual Assault, Human
4Trafficking, or Stalking Act 1A-30 that are:
5        (1) postmarked on or before the day that voter
6    registration is closed under this Code;
7        (2) not postmarked, but arrives no later than 5 days
8    after the close of registration;
9        (3) submitted in person by a person using the form on
10    or before the day that voter registration is closed under
11    this Code; or
12        (4) submitted in person by a person who submits one or
13    more forms on behalf of one or more persons who used the
14    form on or before the day that voter registration is
15    closed under this Code.
16    Upon the receipt of a registration form, the State Board
17of Elections shall mark the date on which the form was received
18and send the form via first class mail to the appropriate
19county clerk or board of election commissioners, as the case
20may be, within 2 business days based upon the home address of
21the person submitting the registration form. The county clerk
22and board of election commissioners shall accept and process
23any form received from the State Board of Elections.
24    (c) Processing of registration forms by county clerks and
25boards of election commissioners. The county clerk or board of
26election commissioners shall promulgate procedures for

 

 

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1processing the voter registration form.
2    (d) Contents of the voter registration form. The State
3Board shall create a voter registration form, which must
4contain the following content:
5        (1) Instructions for completing the form.
6        (2) A summary of the qualifications to register to
7    vote in Illinois.
8        (3) Instructions for mailing in or submitting the form
9    in person.
10        (4) The phone number for the State Board of Elections
11    should a person submitting the form have questions.
12        (5) A box for the person to check that explains one of
13    3 reasons for submitting the form:
14            (a) new registration;
15            (b) change of address; or
16            (c) change of name.
17        (6) a box for the person to check yes or no that asks,
18    "Are you a citizen of the United States?", a box for the
19    person to check yes or no that asks, "Will you be 18 years
20    of age on or before election day?", and a statement of "If
21    you checked 'no' in response to either of these questions,
22    then do not complete this form.".
23        (7) A space for the person to fill in his or her home
24    telephone number.
25        (8) Spaces for the person to fill in his or her first,
26    middle, and last names, street address (principal place of

 

 

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1    residence), county, city, state, and zip code.
2        (9) Spaces for the person to fill in his or her mailing
3    address, city, state, and zip code if different from his
4    or her principal place of residence.
5        (10) A space for the person to fill in his or her
6    Illinois driver's license number if the person has a
7    driver's license.
8        (11) A space for a person without a driver's license
9    to fill in the last four digits of his or her social
10    security number if the person has a social security
11    number.
12        (12) A space for a person without an Illinois driver's
13    license to fill in his or her identification number from
14    his or her State Identification card issued by the
15    Secretary of State.
16        (13) A space for the person to fill the name appearing
17    on his or her last voter registration, the street address
18    of his or her last registration, including the city,
19    county, state, and zip code.
20        (14) A space where the person swears or affirms the
21    following under penalty of perjury with his or her
22    signature:
23            (a) "I am a citizen of the United States.";
24            (b) "I will be at least 18 years old on or before
25        the next election.";
26            (c) "I will have lived in the State of Illinois and

 

 

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1        in my election precinct at least 30 days as of the date
2        of the next election."; and
3            (d) "The information I have provided is true to
4        the best of my knowledge under penalty of perjury. If I
5        have provided false information, then I may be fined,
6        imprisoned, or, if I am not a U.S. citizen, deported
7        from or refused entry into the United States.".
8        (15) A space for the person to fill in his or her
9    e-mail address if he or she chooses to provide that
10    information.
11    (d-5) Compliance with federal law; rulemaking authority.
12The voter registration form described in this Section shall be
13consistent with the form prescribed by the Federal Election
14Commission under the National Voter Registration Act of 1993,
15P.L. 103-31, as amended from time to time, and the Help America
16Vote Act of 2002, P.L. 107-252, in all relevant respects. The
17State Board of Elections shall periodically update the form
18based on changes to federal or State law. The State Board of
19Elections shall promulgate any rules necessary for the
20implementation of this Section; provided that the rules
21comport with the letter and spirit of the National Voter
22Registration Act of 1993 and Help America Vote Act of 2002 and
23maximize the opportunity for a person to register to vote.
24    (e) Forms available in paper form. The State Board of
25Elections shall make the voter registration form available in
26regular paper stock and form in sufficient quantities for the

 

 

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1general public. The State Board of Elections may provide the
2voter registration form to the Secretary of State, county
3clerks, boards of election commissioners, designated agencies
4of the State of Illinois, and any other person or entity
5designated to have these forms by this Code in regular paper
6stock and form or some other format deemed suitable by the
7Board. Each county clerk or board of election commissioners
8has the authority to design and print its own voter
9registration form so long as the form complies with the
10requirements of this Section. The State Board of Elections,
11county clerks, boards of election commissioners, or other
12designated agencies of the State of Illinois required to have
13these forms under this Code shall provide a member of the
14public with any reasonable number of forms that he or she may
15request. Nothing in this Section shall permit the State Board
16of Elections, county clerk, board of election commissioners,
17or other appropriate election official who may accept a voter
18registration form to refuse to accept a voter registration
19form because the form is printed on photocopier or regular
20paper stock and form.
21    (f) (Blank).
22(Source: P.A. 100-863, eff. 8-14-18.)
 
23    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
24    Sec. 19-1. Any qualified elector of the State of Illinois
25having duly registered where such registration is required may

 

 

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1vote at such election as hereinafter in this Article provided.
2Notwithstanding any law to the contrary, this Article extends
3to a certified program participant under the Address
4Confidentiality for Victims of Domestic Violence, Sexual
5Assault, Human Trafficking, or Stalking Act.
6    For purposes of this Article 19, a physically
7incapacitated voter marks his or her ballot "personally" when
8the voter exercises his or her physical abilities to their
9reasonable limit in marking the ballot, and marking personally
10may include instructing the person assisting the incapacitated
11voter when giving such instruction represents the reasonable
12limit of the physical abilities.
13(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
14    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
15    Sec. 20-3. The election authority shall furnish the
16following applications for registration by mail or vote by
17mail ballot which shall be considered a method of application
18in lieu of the official postcard.
19    1. Members of the United States Service and , citizens of
20the United States temporarily residing outside the territorial
21limits of the United States, and certified program
22participants under the Address Confidentiality for Victims of
23Domestic Violence, Sexual Assault, or Stalking Act may make
24application within the periods prescribed in Sections 20-2 or
2520-2.1, as the case may be. Such application shall be

 

 

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1substantially in the following form:
2
"APPLICATION FOR BALLOT
3    To be voted at the ............ election in the precinct
4in which is located my residence at ..............., in the
5city/village/township of ............(insert home address)
6County of ........... and State of Illinois.
7    I state that I am a citizen of the United States; that on
8(insert date of election) I shall have resided in the State of
9Illinois and in the election precinct for 30 days; that on the
10above date I shall be the age of 18 years or above; that I am
11lawfully entitled to vote in such precinct at that election;
12that I am (check category 1, 2, or 3 below):
13    1.  ( ) a member of the United States Service,
14    2.  ( ) a citizen of the United States temporarily
15residing outside the territorial limits of the United States
16and that I expect to be absent from the said county of my
17residence on the date of holding such election, and that I will
18have no opportunity to vote in person on that day.
19    3.  ( ) a certified program participant under the Address
20Confidentiality for Victims of Domestic Violence, Sexual
21Assault, or Stalking Act.
22    I hereby make application for an official ballot or
23ballots to be voted by me at such election if I am absent from
24the said county of my residence, and I agree that I shall
25return said ballot or ballots to the election authority
26postmarked no later than election day, for counting no later

 

 

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1than during the period for counting provisional ballots, the
2last day of which is the 14th day following election day or
3shall destroy said ballot or ballots.
4    (Check below only if category 2 or 3 and not previously
5registered)
6    ( ) I hereby make application to become registered as a
7voter and agree to return the forms and affidavits for
8registration to the election authority not later than 30 days
9before the election.
10    Under penalties as provided by law pursuant to Article 29
11of the Election Code, the undersigned certifies that the
12statements set forth in this application are true and correct.
13
.........................
14    Post office address or service address to which
15registration materials or ballot should be mailed
16
.........................
17
.........................
18
.........................
19
........................"
20    If application is made for a primary election ballot, such
21application shall designate the name of the political party
22with which the applicant is affiliated.
23    Such applications may be obtained from the election
24authority having jurisdiction over the person's precinct of
25residence.
26    2. A spouse or dependent of a member of the United States

 

 

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1Service, said spouse or dependent being a registered voter in
2the county, may make application on behalf of said person in
3the office of the election authority within the periods
4prescribed in Section 20-2 which shall be substantially in the
5following form:
6"APPLICATION FOR BALLOT to be voted at the........... election
7in the precinct in which is located the residence of the person
8for whom this application is made at.............(insert
9residence address) in the city/village/township of.........
10County of.......... and State of Illinois.
11    I certify that the following named person................
12(insert name of person) is a member of the United States
13Service.
14    I state that said person is a citizen of the United States;
15that on (insert date of election) said person shall have
16resided in the State of Illinois and in the election precinct
17for which this application is made for 30 days; that on the
18above date said person shall be the age of 18 years or above;
19that said person is lawfully entitled to vote in such precinct
20at that election; that said person is a member of the United
21States Service, and that in the course of his duties said
22person expects to be absent from his county of residence on the
23date of holding such election, and that said person will have
24no opportunity to vote in person on that day.
25    I hereby make application for an official ballot or
26ballots to be voted by said person at such election and said

 

 

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1person agrees that he shall return said ballot or ballots to
2the election authority postmarked no later than election day,
3for counting no later than during the period for counting
4provisional ballots, the last day of which is the 14th day
5following election day, or shall destroy said ballot or
6ballots.
7    I hereby certify that I am the (mother, father, sister,
8brother, husband or wife) of the said elector, and that I am a
9registered voter in the election precinct for which this
10application is made. (Strike all but one that is applicable.)
11    Under penalties as provided by law pursuant to Article 29
12of The Election Code, the undersigned certifies that the
13statements set forth in this application are true and correct.
14
Name of applicant ......................
15
Residence address ........................
16
City/village/township........................
17    Service address to which ballot should be mailed:
18
.........................
19
.........................
20
.........................
21
........................"
22    If application is made for a primary election ballot, such
23application shall designate the name of the political party
24with which the person for whom application is made is
25affiliated.
26    Such applications may be obtained from the election

 

 

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1authority having jurisdiction over the voting precinct in
2which the person for whom application is made is entitled to
3vote.
4(Source: P.A. 101-270, eff. 1-1-21.)
 
5    Section 15. The Address Confidentiality for Victims of
6Domestic Violence, Sexual Assault, or Stalking Act is amended
7by changing Sections 1, 5, 10, 11, 15, 30, 35, and 40 as
8follows:
 
9    (750 ILCS 61/1)
10    Sec. 1. Short title. This Act may be cited as the Address
11Confidentiality for Victims of Domestic Violence, Sexual
12Assault, Human Trafficking, or Stalking Act.
13(Source: P.A. 101-270, eff. 1-1-21.)
 
14    (750 ILCS 61/5)
15    Sec. 5. Legislative findings. The General Assembly finds
16that persons attempting to escape from actual or threatened
17domestic violence, sexual assault, human trafficking, or
18stalking frequently establish new addresses in order to
19prevent their assailants or probable assailants from finding
20them. The purpose of this Act is to enable State and local
21agencies to respond to requests for public records without
22disclosing the location of a victim of domestic violence,
23sexual assault, human trafficking, or stalking, to enable

 

 

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1interagency cooperation with the Attorney General in providing
2address confidentiality for victims of domestic violence,
3sexual assault, human trafficking, or stalking, and to enable
4State and local agencies to accept a program participant's use
5of an address designated by the Attorney General as a
6substitute mailing address.
7(Source: P.A. 101-270, eff. 1-1-21.)
 
8    (750 ILCS 61/10)
9    Sec. 10. Definitions. In this Act, unless the context
10otherwise requires:
11    "Address" means a residential street address, school
12address, or work address of an individual, as specified on the
13individual's application to be a program participant under
14this Act.
15    "Program participant" means a person certified as a
16program participant under this Act.
17    "Domestic violence" has the same meaning as in the
18Illinois Domestic Violence Act of 1986 and includes a threat
19of domestic violence against an individual in a domestic
20situation, regardless of whether the domestic violence or
21threat has been reported to law enforcement officers.
22    "Human trafficking" means the practices set forth in
23subsection (b), (c), or (d) of Section 10-9 of the Criminal
24Code of 2012, regardless of whether the victim has reported
25the trafficking to law enforcement officers.

 

 

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1    "Sexual assault" has the same meaning as sexual conduct or
2sexual penetration as defined in the Civil No Contact Order
3Act. "Sexual assault" includes a threat of sexual assault,
4regardless of whether the sexual assault or threat has been
5reported to law enforcement officers.
6    "Stalking" has the same meaning as in the Stalking No
7Contact Order Act. "Stalking" includes a threat of stalking,
8regardless of whether the stalking or threat has been reported
9to law enforcement officers.
10(Source: P.A. 101-270, eff. 1-1-21.)
 
11    (750 ILCS 61/11)
12    Sec. 11. Address confidentiality program; administration.
13Subject to appropriations for the purposes of this Act, the
14Attorney General shall administer an address confidentiality
15program for victims of domestic violence, sexual assault,
16human trafficking, or stalking.
17(Source: P.A. 101-270, eff. 1-1-21.)
 
18    (750 ILCS 61/15)
19    Sec. 15. Address confidentiality program; application;
20certification.
21    (a) An adult person, a parent or guardian acting on behalf
22of a minor, or a guardian acting on behalf of a person with a
23disability, as defined in Article 11a of the Probate Act of
241975, may apply to the Attorney General to have an address

 

 

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1designated by the Attorney General serve as the person's
2address or the address of the minor or person with a
3disability. The Attorney General shall approve an application
4if it is filed in the manner and on the form prescribed by him
5or her and if it contains:
6        (1) a sworn statement by the applicant that the
7    applicant has good reason to believe (i) that the
8    applicant, or the minor or person with a disability on
9    whose behalf the application is made, is a victim of
10    domestic violence, sexual assault, human trafficking, or
11    stalking; and (ii) that the applicant fears for his or her
12    safety or his or her children's safety, or the safety of
13    the minor or person with a disability on whose behalf the
14    application is made;
15        (2) a designation of the Attorney General as agent for
16    purposes of service of process and receipt of mail;
17        (3) a State the mailing address where the applicant
18    can be contacted by the Attorney General, and the phone
19    number or numbers where the applicant can be called by the
20    Attorney General;
21        (3.5) proof of a State residential street address
22    where the applicant resides or a signed statement
23    affirming the applicant's status as homeless in this
24    State;
25        (4) the new address or addresses that the applicant
26    requests not be disclosed for the reason that disclosure

 

 

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1    will increase the risk of domestic violence, sexual
2    assault, human trafficking, or stalking; and
3        (5) the signature of the applicant and of any
4    individual or representative of any office designated in
5    writing under Section 40 of this Act who assisted in the
6    preparation of the application, and the date on which the
7    applicant signed the application.
8    (b) Applications shall be filed with the office of the
9Attorney General.
10    (c) Upon filing a properly completed application, the
11Attorney General shall certify the applicant as a program
12participant. Applicants shall be certified for 4 years
13following the date of filing unless the certification is
14withdrawn or invalidated before that date. The Attorney
15General shall by rule establish a renewal procedure.
16    (d) A person who falsely attests in an application that
17disclosure of the applicant's address would endanger the
18applicant's safety or the safety of the applicant's children
19or the minor or incapacitated person on whose behalf the
20application is made, or who knowingly provides false or
21incorrect information upon making an application, is guilty of
22a Class 3 felony.
23(Source: P.A. 101-270, eff. 1-1-21.)
 
24    (750 ILCS 61/30)
25    Sec. 30. Voting by program participant; use of designated

 

 

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1address by election authority.
2    (a) A program participant who is otherwise qualified to
3vote may register apply to vote by submitting an Illinois
4Address Confidentiality Program Voter Registration Application
5created by the State Board of Elections to the appropriate
6election authority under Article 20 of the Election Code. The
7program participant shall automatically receive absentee
8ballots for all elections in the jurisdictions for which that
9individual resides in the same manner as absentee voters who
10qualify under Article 20 of the Election Code. The State Board
11of Elections Attorney General shall adopt rules to ensure the
12integrity of the voting process and the confidentiality of the
13program participant. Upon request, the The election authority
14shall transmit the vote by mail absentee ballot to the program
15participant at the address designated by the participant in
16his or her application. Neither the name nor the address of a
17program participant shall be included in any list of
18registered voters available to the public.
19    (b) The election authority may not make the participant's
20address contained in voter registration records available for
21public inspection or copying except under the following
22circumstances:
23        (1) if requested by a law enforcement agency, to the
24    law enforcement agency; and
25        (2) if directed by a court order, to a person
26    identified in the order.

 

 

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1(Source: P.A. 91-494, eff. 1-1-00.)
 
2    (750 ILCS 61/35)
3    Sec. 35. Disclosure of address prohibited; exceptions. The
4Attorney General may not make a program participant's address,
5other than the address designated by the Attorney General,
6available for inspection or copying, except under the
7following circumstances:
8    (a) if requested by a law enforcement agency, to the law
9enforcement agency;
10    (b) if directed by a court order, to a person identified in
11the order; and
12    (c) (blank) if certification has been canceled.
13    A program participant's address and phone number on file
14with the Attorney General are not subject to disclosure under
15the Freedom of Information Act.
16(Source: P.A. 91-494, eff. 1-1-00.)
 
17    (750 ILCS 61/40)
18    Sec. 40. Assistance for program applicants. The Attorney
19General shall designate State and local agencies and nonprofit
20agencies that provide counseling and shelter services to
21victims of domestic violence, sexual assault, human
22trafficking, or stalking to assist persons applying to be
23program participants. Any assistance and counseling rendered
24by the office of the Attorney General or its designees to

 

 

HB3280 Engrossed- 28 -LRB102 16317 LNS 21703 b

1applicants shall in no way be construed as legal advice.
2(Source: P.A. 101-270, eff. 1-1-21.)