Illinois General Assembly

Previous General Assemblies

 Bill Status of HB5877  97th General Assembly


Short Description:  JUDICIAL PRIVACY ACT

House Sponsors
Rep. Michael J. Madigan - Lou Lang - Elaine Nekritz

Senate Sponsors
(Sen. John J. Cullerton )

Last Action
DateChamber Action
  7/24/2012HousePublic Act . . . . . . . . . 97-0847

Statutes Amended In Order of Appearance
New Act
5 ILCS 140/2from Ch. 116, par. 202
5 ILCS 140/7from Ch. 116, par. 207
10 ILCS 5/7A-1from Ch. 46, par. 7A-1
10 ILCS 5/10-10.5 new
625 ILCS 5/6-106from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110from Ch. 95 1/2, par. 6-110


Synopsis As Introduced
Creates the Judicial Privacy Act, which may be referred to as the Michael Lefkow and Donna Humphrey Judicial Privacy Improvement Act of 2012. Prohibits a person, business, association, or government agency from publicly posting or displaying the personal information of a judicial officer, 3 days after the officer has made a written request to not post or display the personal information. Allows for injunctive or declaratory relief. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a judicial officer's personal information with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the officer's immediate family. Allows for treble civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of a judicial officer or the officer's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the officer or the officer's immediate family, and the posting is a proximate cause of bodily injury or death of the judicial officer or a member of the officer's immediate family. Provides an exemption from the felony offense for employees of a government agency acting in good faith, while carrying out a public function. Amends the Freedom of Information Act. Excludes personal information of a judicial officer covered by the Judicial Privacy Act from being included as a public record under the Freedom of Information Act, and from inspection or copying under the Act. Amends the Election Code. Establishes procedure for the State Board of Elections to redact a judicial candidate's home address from the candidate's certificate of nomination or nomination papers, after conclusion of the Code's objection period. Establishes procedure for the Secretary of State to redact a judicial candidate's home address from the candidate's declaration for retention. Amends the Vehicle Code. Provides that the Secretary of State may allow an applicant who is a judicial officer to provide an office or work address instead of a residence or mailing address on a driver's license. Provides that the Secretary of State shall adopt rules to implement the new provisions. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
5 ILCS 140/2
Adds reference to:
15 ILCS 335/4from Ch. 124, par. 24
15 ILCS 335/5from Ch. 124, par. 25
625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405

Replaces everything after the enacting clause with the substance of the bill with the following changes. Provides that if the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file a written request for non-disclosure of personal information by a government agency with the Administrative Office, the state judicial officer may file the written request with the Administrative Office of the Illinois Courts. On a quarterly basis, the Administrative Office will provide a list of all state judicial officers who have submitted a written request to it and provide the list 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 constitutes the written request to the agency that it not disclose the personal information of the listed state judicial officers. Deletes changes to the definition section of the Freedom of Information Act. Changes the new Section 10-10.5 of the Election Code allowing redaction of a judicial candidate's home address on a certificate of nomination or nomination papers after the Election Code objection period, to apply only to a judicial officer who is a judicial candidate. Also, provides that prior to expiration of the objection period the judicial officer's home address information from the his or her certificate of nomination or nomination papers is available for public inspection; however, after redaction the home address information is only available for an in camera inspection by the court reviewing an objection to a judicial candidate's certificate of nomination or nomination papers. Amends the Illinois Identification Card Act. Allows a judicial officer applying for an Illinois Identification card to use his or her work address in lieu of his or her residence or mailing address in the card application. Amends the Illinois Vehicle Code application for vehicle registration provisions to include judicial officers in the list of persons who may use a work or business address instead of a domicile address on a registration application. Effective 60 days after becoming law, except for specified sections that are effective January 1, 2013.

Actions 
DateChamber Action
  2/16/2012HouseFiled with the Clerk by Rep. Michael J. Madigan
  2/16/2012HouseFirst Reading
  2/16/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/9/2012HouseAdded Chief Co-Sponsor Rep. Lou Lang
  3/9/2012HouseRule 19(a) / Re-referred to Rules Committee
  3/21/2012HouseCommittee Deadline Extended-Rule 9(b) March 30, 2012
  3/21/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/26/2012HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  3/26/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael J. Madigan; In line by 3PM. Timely filed in accordance with House Rule 18(e)
  3/26/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/26/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/27/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/27/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 009-000-000
  3/27/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2012HouseThird Reading - Short Debate - Passed 109-000-000
  3/29/2012SenateArrive in Senate
  3/29/2012SenatePlaced on Calendar Order of First Reading
  3/29/2012SenateChief Senate Sponsor Sen. John J. Cullerton
  3/29/2012SenateFirst Reading
  3/29/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Executive
  4/18/2012SenateDo Pass Executive; 010-000-000
  4/18/2012SenatePlaced on Calendar Order of 2nd Reading April 19, 2012
  5/18/2012SenateSecond Reading
  5/18/2012SenatePlaced on Calendar Order of 3rd Reading May 21, 2012
  5/25/2012SenateThird Reading - Passed; 055-000-000
  5/25/2012HousePassed Both Houses
  6/22/2012HouseSent to the Governor
  7/24/2012HouseGovernor Approved
  7/24/2012HouseEffective Date September 22, 2012; ; January 1, 2013
  7/24/2012HousePublic Act . . . . . . . . . 97-0847

Back To Top