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Full Text of SB1858
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SB1858 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1858
Introduced 2/5/2025, by Sen. Graciela Guzmán
SYNOPSIS AS INTRODUCED:
New Act
Creates the Privacy of Criminal Justice Data Act. Provides that each
contractor or business that stores, maintains, or purchases criminal
justice data for and from a State agency or unit of local government shall
certify in the contract, under penalty of perjury, that the contractor or
business will not share that data with U.S. Immigration and Customs
Enforcement or for civil immigration enforcement purposes. Creates the
Criminal Justice Information Sharing Act. Provides that every contract
with the State or a unit of local government to store, maintain, or
purchase criminal justice information of this State or a unit of local
government shall contain a provision in which the contractor certifies
that it shall not share the criminal justice information with Immigration
and Customs Enforcement (ICE) or for civil immigration enforcement
purposes. Defines terms.
LRB104 09574 RLC 19637 b
A BILL FOR
SB1858
LRB104 09574 RLC 19637 b
1
AN ACT concerning criminal justice data.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Article 1.
5
Section 1-1.
Short title.
This Article may be cited as the
6
Privacy of Criminal Justice Data Act.
References in this
7
Article to "this Act" mean this Article.
8
Section 1-5.
Definitions.
In this Act:
9
"Civil immigration enforcement" means the enforcement of a
10
civil immigration warrant issued by an immigration judge who
11
is not appointed under Article III of the United States
12
Constitution but who is appointed as an administrative judge
13
by the United States Attorney General pursuant to the federal
14
Immigration and Nationality Act.
15
"Civil immigration warrant" means any document that is not
16
approved or ordered by a judge that can form the basis for an
17
individual's arrest or detention for a civil immigration
18
enforcement purpose. "Civil immigration warrant" includes Form
19
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
20
Detain or Release Alien", Form I-205 "Warrant of
21
Removal/Deportation", Form I-286 "Notice of Custody
22
Determination", any predecessor or successor form, and all
SB1858
- 2 -
LRB104 09574 RLC 19637 b
1
warrants, hits, or requests contained in the "Immigration
2
Violator File" of the FBI's National Crime Information Center
3
(NCIC) database. "Civil immigration warrant" does not include
4
any criminal warrant.
5
"Contractor" means any person having a contract with a
6
State agency or unit of local government.
7
"Criminal justice data" means the information described in
8
Sections 2, 2.1, and 4.5 of the Criminal Identification Act
9
and includes criminal history record information as defined in
10
Section 3 of the Illinois Uniform Conviction Information Act.
11
Section 1-10.
Criminal justice data; no sharing with U.S.
12
Immigration and Customs Enforcement or for civil immigration
13
enforcement purposes.
Each contractor or business that stores,
14
maintains, or purchases criminal justice data for and from a
15
State agency or unit of local government shall certify in the
16
contract, under penalty of perjury, that the contractor or
17
business will not share that data with U.S. Immigration and
18
Customs Enforcement or for civil immigration enforcement
19
purposes.
20
Article 5.
21
Section 5-1.
Short title.
This Article may be cited as the
22
Criminal Justice Information Sharing Act.
References in this
23
Article to "this Act" mean this Article.
SB1858
- 3 -
LRB104 09574 RLC 19637 b
1
Section 5-5.
Criminal justice information; prohibited
2
sharing with Immigration and Customs Enforcement (ICE).
3
(a) In this Act:
4
"Civil immigration enforcement" means the enforcement of a
5
civil immigration warrant issued by an immigration judge who
6
is not appointed under Article III of the United States
7
Constitution but who is appointed as an administrative judge
8
by the United States Attorney General pursuant to the federal
9
Immigration and Nationality Act.
10
"Civil immigration warrant" means any document that is not
11
approved or ordered by a judge that can form the basis for an
12
individual's arrest or detention for a civil immigration
13
enforcement purpose. "Civil immigration warrant" includes Form
14
I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
15
Detain or Release Alien", Form I-205 "Warrant of
16
Removal/Deportation", Form I-286 "Notice of Custody
17
Determination", any predecessor or successor form, and all
18
warrants, hits, or requests contained in the "Immigration
19
Violator File" of the FBI's National Crime Information Center
20
(NCIC) database. "Civil immigration warrant" does not include
21
any criminal warrant.
22
"Criminal history record information" means data
23
identifiable to an individual, including information collected
24
under Section 4.5 of the Criminal Identification Act, and
25
consisting of descriptions or notations of arrests,
SB1858
- 4 -
LRB104 09574 RLC 19637 b
1
detentions, indictments, informations, pre-trial proceedings,
2
trials, or other formal events in the criminal justice system
3
or descriptions or notations of criminal charges (including
4
criminal violations of local municipal ordinances) and the
5
nature of any disposition arising therefrom, including
6
sentencing, court or correctional supervision, rehabilitation,
7
and release. The term does not apply to statistical records
8
and reports in which individuals are not identified and from
9
which their identities are not ascertainable, or to
10
information that is for criminal investigative or intelligence
11
purposes.
12
"Criminal justice information" means any and every type of
13
information that is collected, transmitted, or maintained by
14
the criminal justice system, including criminal history record
15
information.
16
(b) Every contract with this State or a unit of local
17
government to store, maintain, or purchase criminal justice
18
information of this State or a unit of local government shall
19
contain a provision in which the contractor certifies that it
20
shall not share the criminal justice information with
21
Immigration and Customs Enforcement (ICE) or for civil
22
immigration enforcement purposes.
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