705 ILCS 90/ Judicial Privacy Act.

(705 ILCS 90/Art. I heading) ARTICLE I. GENERAL PROVISIONS (Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/1-1)

Sec. 1-1. Short title. This Act may be cited as the Judicial Privacy Act.

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

(705 ILCS 90/1-5)

Sec. 1-5. Purpose. The purpose of this Act is to improve the safety and security of Illinois 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 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 judicial officer's personal information until the 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 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 judicial officer's permanent residence and any secondary residences affirmatively identified by the judicial officer, but does not include a judicial officer's work address.

"Immediate family" includes a judicial officer's spouse, child, parent, or any blood relative of the judicial officer or the judicial officer's spouse who lives in the same residence.

"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; and

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

"Personal information" means a home address, home telephone number, mobile telephone number, pager number, personal email address, social security number, federal tax identification number, checking and savings account numbers, credit card numbers, marital status, 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 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.

"Written request" means written notice signed by a judicial officer or a representative of the judicial officer's employer requesting a government agency, person, business, or association to refrain from posting or displaying publicly available content that includes the judicial officer's personal information.

(Source: P.A. 100-98, eff. 8-11-17.)

(705 ILCS 90/Art. II heading) ARTICLE II. CIVIL PROVISIONS (Source: P.A. 97-847, eff. 9-22-12.)

(705 ILCS 90/2-1)

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

(a) Government agencies shall not publicly post or display publicly available content that includes a judicial officer's personal information, provided that the government agency has received a written request in accordance with Section 2-10 of this Act that it refrain from disclosing the 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 judicial officer to make the personal information available to the public.

(b) Redress. If a government agency fails to comply with a written request to refrain from disclosing personal information, the 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 judicial officer's personal information on the Internet by 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 judicial officer's personal information, provided that the judicial officer has made a written request to the 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 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 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.

(b) Required Conduct.

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

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

(3) After receiving a judicial officer's written request, no person, business, or association shall transfer the judicial officer's personal information to any other person, business, or association through any medium.

(c) Redress.

A judicial officer whose personal information is made public as a result of a 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 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 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 judicial officer fails to submit a written request calling for the protection of the officer's personal information.

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

(1) The judicial officer sends a written request directly to a government agency, person, business, or association; or

(2) If the Administrative Office of the Illinois Courts has a policy and procedure for a state judicial officer to file the written request with the Administrative Office to notify government agencies, 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.

(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.

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

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. A judicial officer's written request is valid until the judicial officer provides the government agency, person, business, or association with written permission to release the private information. A judicial officer's written request expires on death.

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

(705 ILCS 90/Art. III heading) ARTICLE III. CRIMINAL PROVISIONS (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 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 judicial officer or the judicial officer's immediate family, and the violation is a proximate cause of bodily injury or death of the 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 90/3-5)

Sec. 3-5. Exceptions for employees of government agencies. Provided that the employee of a government agency has complied with the conditions set forth in Article II of this Act, it is not a violation of Section 3-1 if an employee of a government agency publishes personal information, in good faith, on the website of the government agency in the ordinary course of carrying out public functions.

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

(705 ILCS 90/Art. IV heading) ARTICLE IV. MISCELLANEOUS (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 judicial officers.

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

(705 ILCS 90/4-5)

Sec. 4-5. Severability. If any part of this Act or its application to any person or circumstance is adjudged invalid, such adjudication or application shall not affect the validity of this Act as a whole or of any other part.

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

(705 ILCS 90/4-10)

Sec. 4-10. (Amendatory provisions; text omitted).

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

(705 ILCS 90/4-15)

Sec. 4-15. (Amendatory provisions; text omitted).

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

(705 ILCS 90/4-18)

Sec. 4-18. (Amendatory provisions; text omitted).

(Source: P.A. 97-847, eff. 1-1-13; text omitted.)

(705 ILCS 90/4-20)

Sec. 4-20. (Amendatory provisions; text omitted).

(Source: P.A. 97-847, eff. 1-1-13; text omitted.)

(705 ILCS 90/4-99)

Sec. 4-99. Effective date. This Act and this Section take effect 60 days after becoming law, except that Sections 4-18 and 4-20 take effect January 1, 2013.

(Source: P.A. 97-847, eff. 9-22-12; 98-463, eff. 8-16-13.)