Illinois General Assembly - Full Text of HB0625
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Full Text of HB0625  102nd General Assembly

HB0625ham001 102ND GENERAL ASSEMBLY

Rep. Jeff Keicher

Filed: 3/8/2021

 

 


 

 


 
10200HB0625ham001LRB102 11520 LNS 23182 a

1
AMENDMENT TO HOUSE BILL 625

2    AMENDMENT NO. ______. Amend House Bill 625 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained
18    in, stored in, submitted to, transferred by, or released
19    from the Illinois Health Information Exchange, and
20    identified or deidentified health information in the form
21    of health data and medical records of the Illinois Health
22    Information Exchange in the possession of the Illinois
23    Health Information Exchange Office due to its
24    administration of the Illinois Health Information
25    Exchange. The terms "identified" and "deidentified" shall
26    be given the same meaning as in the Health Insurance

 

 

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1    Portability and Accountability Act of 1996, Public Law
2    104-191, or any subsequent amendments thereto, and any
3    regulations promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed
14    Carry Licensing Review Board under the Firearm Concealed
15    Carry Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

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1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

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1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day
7    and temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session
21    prohibited from disclosure under the First Responders
22    Suicide Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

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1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

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1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information prohibited from being disclosed
3    under Section 35 of the Address Confidentiality for
4    Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
9eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
116-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
12eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
13101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
141-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
15eff. 7-7-20.)
 
16    Section 10. The Election Code is amended by changing
17Sections 1A-16, 19-1, and 20-3 as follows:
 
18    (10 ILCS 5/1A-16)
19    Sec. 1A-16. Voter registration information; Internet
20posting; processing of voter registration forms; content of
21such forms. Notwithstanding any law to the contrary, the
22following provisions shall apply to voter registration under
23this Code.
24    (a) Voter registration information; Internet posting of

 

 

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1voter registration form. Within 90 days after August 21, 2003
2(the effective date of Public Act 93-574), the State Board of
3Elections shall post on its World Wide Web site the following
4information:
5        (1) A comprehensive list of the names, addresses,
6    phone numbers, and websites, if applicable, of all county
7    clerks and boards of election commissioners in Illinois.
8        (2) A schedule of upcoming elections and the deadline
9    for voter registration.
10        (3) A downloadable, printable voter registration form,
11    in at least English and in Spanish versions, that a person
12    may complete and mail or submit to the State Board of
13    Elections or the appropriate county clerk or board of
14    election commissioners.
15Any forms described under paragraph (3) must state the
16following:
17        If you do not have a driver's license or social
18    security number, and this form is submitted by mail, and
19    you have never registered to vote in the jurisdiction you
20    are now registering in, then you must send, with this
21    application, either (i) a copy of a current and valid
22    photo identification, or (ii) a copy of a current utility
23    bill, bank statement, government check, paycheck, or other
24    government document that shows the name and address of the
25    voter. If you do not provide the information required
26    above, then you will be required to provide election

 

 

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1    officials with either (i) or (ii) described above the
2    first time you vote at a voting place.
3    (b) Acceptance of registration forms by the State Board of
4Elections and county clerks and board of election
5commissioners. The State Board of Elections, county clerks,
6and board of election commissioners shall accept all completed
7voter registration forms described in subsection (a)(3) of
8this Section and Section Sections 1A-17 and voter registration
9forms created under Section 30 of the Address Confidentiality
10for Victims of Domestic Violence, Sexual Assault, Human
11Trafficking, or Stalking Act 1A-30 that are:
12        (1) postmarked on or before the day that voter
13    registration is closed under this Code;
14        (2) not postmarked, but arrives no later than 5 days
15    after the close of registration;
16        (3) submitted in person by a person using the form on
17    or before the day that voter registration is closed under
18    this Code; or
19        (4) submitted in person by a person who submits one or
20    more forms on behalf of one or more persons who used the
21    form on or before the day that voter registration is
22    closed under this Code.
23    Upon the receipt of a registration form, the State Board
24of Elections shall mark the date on which the form was received
25and send the form via first class mail to the appropriate
26county clerk or board of election commissioners, as the case

 

 

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1may be, within 2 business days based upon the home address of
2the person submitting the registration form. The county clerk
3and board of election commissioners shall accept and process
4any form received from the State Board of Elections.
5    (c) Processing of registration forms by county clerks and
6boards of election commissioners. The county clerk or board of
7election commissioners shall promulgate procedures for
8processing the voter registration form.
9    (d) Contents of the voter registration form. The State
10Board shall create a voter registration form, which must
11contain the following content:
12        (1) Instructions for completing the form.
13        (2) A summary of the qualifications to register to
14    vote in Illinois.
15        (3) Instructions for mailing in or submitting the form
16    in person.
17        (4) The phone number for the State Board of Elections
18    should a person submitting the form have questions.
19        (5) A box for the person to check that explains one of
20    3 reasons for submitting the form:
21            (a) new registration;
22            (b) change of address; or
23            (c) change of name.
24        (6) a box for the person to check yes or no that asks,
25    "Are you a citizen of the United States?", a box for the
26    person to check yes or no that asks, "Will you be 18 years

 

 

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1    of age on or before election day?", and a statement of "If
2    you checked 'no' in response to either of these questions,
3    then do not complete this form.".
4        (7) A space for the person to fill in his or her home
5    telephone number.
6        (8) Spaces for the person to fill in his or her first,
7    middle, and last names, street address (principal place of
8    residence), county, city, state, and zip code.
9        (9) Spaces for the person to fill in his or her mailing
10    address, city, state, and zip code if different from his
11    or her principal place of residence.
12        (10) A space for the person to fill in his or her
13    Illinois driver's license number if the person has a
14    driver's license.
15        (11) A space for a person without a driver's license
16    to fill in the last four digits of his or her social
17    security number if the person has a social security
18    number.
19        (12) A space for a person without an Illinois driver's
20    license to fill in his or her identification number from
21    his or her State Identification card issued by the
22    Secretary of State.
23        (13) A space for the person to fill the name appearing
24    on his or her last voter registration, the street address
25    of his or her last registration, including the city,
26    county, state, and zip code.

 

 

10200HB0625ham001- 14 -LRB102 11520 LNS 23182 a

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

 

 

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1implementation of this Section; provided that the rules
2comport with the letter and spirit of the National Voter
3Registration Act of 1993 and Help America Vote Act of 2002 and
4maximize the opportunity for a person to register to vote.
5    (e) Forms available in paper form. The State Board of
6Elections shall make the voter registration form available in
7regular paper stock and form in sufficient quantities for the
8general public. The State Board of Elections may provide the
9voter registration form to the Secretary of State, county
10clerks, boards of election commissioners, designated agencies
11of the State of Illinois, and any other person or entity
12designated to have these forms by this Code in regular paper
13stock and form or some other format deemed suitable by the
14Board. Each county clerk or board of election commissioners
15has the authority to design and print its own voter
16registration form so long as the form complies with the
17requirements of this Section. The State Board of Elections,
18county clerks, boards of election commissioners, or other
19designated agencies of the State of Illinois required to have
20these forms under this Code shall provide a member of the
21public with any reasonable number of forms that he or she may
22request. Nothing in this Section shall permit the State Board
23of Elections, county clerk, board of election commissioners,
24or other appropriate election official who may accept a voter
25registration form to refuse to accept a voter registration
26form because the form is printed on photocopier or regular

 

 

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1paper stock and form.
2    (f) (Blank).
3(Source: P.A. 100-863, eff. 8-14-18.)
 
4    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
5    Sec. 19-1. Any qualified elector of the State of Illinois
6having duly registered where such registration is required may
7vote at such election as hereinafter in this Article provided.
8Notwithstanding any law to the contrary, this Article extends
9to a certified program participant under the Address
10Confidentiality for Victims of Domestic Violence, Sexual
11Assault, Human Trafficking, or Stalking Act.
12    For purposes of this Article 19, a physically
13incapacitated voter marks his or her ballot "personally" when
14the voter exercises his or her physical abilities to their
15reasonable limit in marking the ballot, and marking personally
16may include instructing the person assisting the incapacitated
17voter when giving such instruction represents the reasonable
18limit of the physical abilities.
19(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
20    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
21    Sec. 20-3. The election authority shall furnish the
22following applications for registration by mail or vote by
23mail ballot which shall be considered a method of application
24in lieu of the official postcard.

 

 

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1    1. Members of the United States Service and , citizens of
2the United States temporarily residing outside the territorial
3limits of the United States, and certified program
4participants under the Address Confidentiality for Victims of
5Domestic Violence, Sexual Assault, or Stalking Act may make
6application within the periods prescribed in Sections 20-2 or
720-2.1, as the case may be. Such application shall be
8substantially in the following form:
9
"APPLICATION FOR BALLOT
10    To be voted at the ............ election in the precinct
11in which is located my residence at ..............., in the
12city/village/township of ............(insert home address)
13County of ........... and State of Illinois.
14    I state that I am a citizen of the United States; that on
15(insert date of election) I shall have resided in the State of
16Illinois and in the election precinct for 30 days; that on the
17above date I shall be the age of 18 years or above; that I am
18lawfully entitled to vote in such precinct at that election;
19that I am (check category 1, 2, or 3 below):
20    1.  ( ) a member of the United States Service,
21    2.  ( ) a citizen of the United States temporarily
22residing outside the territorial limits of the United States
23and that I expect to be absent from the said county of my
24residence on the date of holding such election, and that I will
25have no opportunity to vote in person on that day.
26    3.  ( ) a certified program participant under the Address

 

 

10200HB0625ham001- 18 -LRB102 11520 LNS 23182 a

1Confidentiality for Victims of Domestic Violence, Sexual
2Assault, or Stalking Act.
3    I hereby make application for an official ballot or
4ballots to be voted by me at such election if I am absent from
5the said county of my residence, and I agree that I shall
6return said ballot or ballots to the election authority
7postmarked no later than election day, for counting no later
8than during the period for counting provisional ballots, the
9last day of which is the 14th day following election day or
10shall destroy said ballot or ballots.
11    (Check below only if category 2 or 3 and not previously
12registered)
13    ( ) I hereby make application to become registered as a
14voter and agree to return the forms and affidavits for
15registration to the election authority not later than 30 days
16before the election.
17    Under penalties as provided by law pursuant to Article 29
18of the Election Code, the undersigned certifies that the
19statements set forth in this application are true and correct.
20
.........................
21    Post office address or service address to which
22registration materials or ballot should be mailed
23
.........................
24
.........................
25
.........................
26
........................"

 

 

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1    If application is made for a primary election ballot, such
2application shall designate the name of the political party
3with which the applicant is affiliated.
4    Such applications may be obtained from the election
5authority having jurisdiction over the person's precinct of
6residence.
7    2. A spouse or dependent of a member of the United States
8Service, said spouse or dependent being a registered voter in
9the county, may make application on behalf of said person in
10the office of the election authority within the periods
11prescribed in Section 20-2 which shall be substantially in the
12following form:
13"APPLICATION FOR BALLOT to be voted at the........... election
14in the precinct in which is located the residence of the person
15for whom this application is made at.............(insert
16residence address) in the city/village/township of.........
17County of.......... and State of Illinois.
18    I certify that the following named person................
19(insert name of person) is a member of the United States
20Service.
21    I state that said person is a citizen of the United States;
22that on (insert date of election) said person shall have
23resided in the State of Illinois and in the election precinct
24for which this application is made for 30 days; that on the
25above date said person shall be the age of 18 years or above;
26that said person is lawfully entitled to vote in such precinct

 

 

10200HB0625ham001- 20 -LRB102 11520 LNS 23182 a

1at that election; that said person is a member of the United
2States Service, and that in the course of his duties said
3person expects to be absent from his county of residence on the
4date of holding such election, and that said person will have
5no opportunity to vote in person on that day.
6    I hereby make application for an official ballot or
7ballots to be voted by said person at such election and said
8person agrees that he shall return said ballot or ballots to
9the election authority postmarked no later than election day,
10for counting no later than during the period for counting
11provisional ballots, the last day of which is the 14th day
12following election day, or shall destroy said ballot or
13ballots.
14    I hereby certify that I am the (mother, father, sister,
15brother, husband or wife) of the said elector, and that I am a
16registered voter in the election precinct for which this
17application is made. (Strike all but one that is applicable.)
18    Under penalties as provided by law pursuant to Article 29
19of The Election Code, the undersigned certifies that the
20statements set forth in this application are true and correct.
21
Name of applicant ......................
22
Residence address ........................
23
City/village/township........................
24    Service address to which ballot should be mailed:
25
.........................
26
.........................

 

 

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1
.........................
2
........................"
3    If application is made for a primary election ballot, such
4application shall designate the name of the political party
5with which the person for whom application is made is
6affiliated.
7    Such applications may be obtained from the election
8authority having jurisdiction over the voting precinct in
9which the person for whom application is made is entitled to
10vote.
11(Source: P.A. 101-270, eff. 1-1-21.)
 
12    Section 15. The Address Confidentiality for Victims of
13Domestic Violence, Sexual Assault, or Stalking Act is amended
14by changing Sections 1, 5, 10, 11, 15, 30, 35, and 40 as
15follows:
 
16    (750 ILCS 61/1)
17    Sec. 1. Short title. This Act may be cited as the Address
18Confidentiality for Victims of Domestic Violence, Sexual
19Assault, Human Trafficking, or Stalking Act.
20(Source: P.A. 101-270, eff. 1-1-21.)
 
21    (750 ILCS 61/5)
22    Sec. 5. Legislative findings. The General Assembly finds
23that persons attempting to escape from actual or threatened

 

 

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1domestic violence, sexual assault, human trafficking, or
2stalking frequently establish new addresses in order to
3prevent their assailants or probable assailants from finding
4them. The purpose of this Act is to enable State and local
5agencies to respond to requests for public records without
6disclosing the location of a victim of domestic violence,
7sexual assault, human trafficking, or stalking, to enable
8interagency cooperation with the Attorney General in providing
9address confidentiality for victims of domestic violence,
10sexual assault, human trafficking, or stalking, and to enable
11State and local agencies to accept a program participant's use
12of an address designated by the Attorney General as a
13substitute mailing address.
14(Source: P.A. 101-270, eff. 1-1-21.)
 
15    (750 ILCS 61/10)
16    Sec. 10. Definitions. In this Act, unless the context
17otherwise requires:
18    "Address" means a residential street address, school
19address, or work address of an individual, as specified on the
20individual's application to be a program participant under
21this Act.
22    "Program participant" means a person certified as a
23program participant under this Act.
24    "Domestic violence" has the same meaning as in the
25Illinois Domestic Violence Act of 1986 and includes a threat

 

 

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1of domestic violence against an individual in a domestic
2situation, regardless of whether the domestic violence or
3threat has been reported to law enforcement officers.
4    "Human trafficking" means the practices set forth in
5subsection (b), (c), or (d) of Section 10-9 of the Criminal
6Code of 2012, regardless of whether the victim has reported
7the trafficking to law enforcement officers.
8    "Sexual assault" has the same meaning as sexual conduct or
9sexual penetration as defined in the Civil No Contact Order
10Act. "Sexual assault" includes a threat of sexual assault,
11regardless of whether the sexual assault or threat has been
12reported to law enforcement officers.
13    "Stalking" has the same meaning as in the Stalking No
14Contact Order Act. "Stalking" includes a threat of stalking,
15regardless of whether the stalking or threat has been reported
16to law enforcement officers.
17(Source: P.A. 101-270, eff. 1-1-21.)
 
18    (750 ILCS 61/11)
19    Sec. 11. Address confidentiality program; administration.
20Subject to appropriations for the purposes of this Act, the
21Attorney General shall administer an address confidentiality
22program for victims of domestic violence, sexual assault,
23human trafficking, or stalking.
24(Source: P.A. 101-270, eff. 1-1-21.)
 

 

 

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1    (750 ILCS 61/15)
2    Sec. 15. Address confidentiality program; application;
3certification.
4    (a) An adult person, a parent or guardian acting on behalf
5of a minor, or a guardian acting on behalf of a person with a
6disability, as defined in Article 11a of the Probate Act of
71975, may apply to the Attorney General to have an address
8designated by the Attorney General serve as the person's
9address or the address of the minor or person with a
10disability. The Attorney General shall approve an application
11if it is filed in the manner and on the form prescribed by him
12or her and if it contains:
13        (1) a sworn statement by the applicant that the
14    applicant has good reason to believe (i) that the
15    applicant, or the minor or person with a disability on
16    whose behalf the application is made, is a victim of
17    domestic violence, sexual assault, human trafficking, or
18    stalking; and (ii) that the applicant fears for his or her
19    safety or his or her children's safety, or the safety of
20    the minor or person with a disability on whose behalf the
21    application is made;
22        (2) a designation of the Attorney General as agent for
23    purposes of service of process and receipt of mail;
24        (3) a State the mailing address where the applicant
25    can be contacted by the Attorney General, and the phone
26    number or numbers where the applicant can be called by the

 

 

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1    Attorney General;
2        (3.5) proof of a State residential street address
3    where the applicant resides or a signed statement
4    affirming the applicant's status as homeless in this
5    State;
6        (4) the new address or addresses that the applicant
7    requests not be disclosed for the reason that disclosure
8    will increase the risk of domestic violence, sexual
9    assault, human trafficking, or stalking; and
10        (5) the signature of the applicant and of any
11    individual or representative of any office designated in
12    writing under Section 40 of this Act who assisted in the
13    preparation of the application, and the date on which the
14    applicant signed the application.
15    (b) Applications shall be filed with the office of the
16Attorney General.
17    (c) Upon filing a properly completed application, the
18Attorney General shall certify the applicant as a program
19participant. Applicants shall be certified for 4 years
20following the date of filing unless the certification is
21withdrawn or invalidated before that date. The Attorney
22General shall by rule establish a renewal procedure.
23    (d) A person who falsely attests in an application that
24disclosure of the applicant's address would endanger the
25applicant's safety or the safety of the applicant's children
26or the minor or incapacitated person on whose behalf the

 

 

10200HB0625ham001- 26 -LRB102 11520 LNS 23182 a

1application is made, or who knowingly provides false or
2incorrect information upon making an application, is guilty of
3a Class 3 felony.
4(Source: P.A. 101-270, eff. 1-1-21.)
 
5    (750 ILCS 61/30)
6    Sec. 30. Voting by program participant; use of designated
7address by election authority.
8    (a) A program participant who is otherwise qualified to
9vote may register apply to vote by submitting an Illinois
10Address Confidentiality Program Voter Registration Application
11created by the State Board of Elections to the appropriate
12election authority under Article 20 of the Election Code. The
13program participant shall automatically receive absentee
14ballots for all elections in the jurisdictions for which that
15individual resides in the same manner as absentee voters who
16qualify under Article 20 of the Election Code. The State Board
17of Elections Attorney General shall adopt rules to ensure the
18integrity of the voting process and the confidentiality of the
19program participant. Upon request, the The election authority
20shall transmit the vote by mail absentee ballot to the program
21participant at the address designated by the participant in
22his or her application. Neither the name nor the address of a
23program participant shall be included in any list of
24registered voters available to the public.
25    (b) The election authority may not make the participant's

 

 

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1address contained in voter registration records available for
2public inspection or copying except under the following
3circumstances:
4        (1) if requested by a law enforcement agency, to the
5    law enforcement agency; and
6        (2) if directed by a court order, to a person
7    identified in the order.
8(Source: P.A. 91-494, eff. 1-1-00.)
 
9    (750 ILCS 61/35)
10    Sec. 35. Disclosure of address prohibited; exceptions. The
11Attorney General may not make a program participant's address,
12other than the address designated by the Attorney General,
13available for inspection or copying, except under the
14following circumstances:
15    (a) if requested by a law enforcement agency, to the law
16enforcement agency;
17    (b) if directed by a court order, to a person identified in
18the order; and
19    (c) (blank) if certification has been canceled.
20    A program participant's address and phone number on file
21with the Attorney General are not subject to disclosure under
22the Freedom of Information Act.
23(Source: P.A. 91-494, eff. 1-1-00.)
 
24    (750 ILCS 61/40)

 

 

10200HB0625ham001- 28 -LRB102 11520 LNS 23182 a

1    Sec. 40. Assistance for program applicants. The Attorney
2General shall designate State and local agencies and nonprofit
3agencies that provide counseling and shelter services to
4victims of domestic violence, sexual assault, human
5trafficking, or stalking to assist persons applying to be
6program participants. Any assistance and counseling rendered
7by the office of the Attorney General or its designees to
8applicants shall in no way be construed as legal advice.
9(Source: P.A. 101-270, eff. 1-1-21.)".