820 ILCS 40/8.5 — Illinois Code / Chapter 820 / Act 40 / Section 8.5
Section 8.5
Status: in_force

(820 ILCS 40/8.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 8.5. Release of law enforcement personnel files. (a) A law enforcement agency shall release a complete law enforcement personnel file upon receipt of a written request from a law enforcement agency for the purpose of making an employment determination by the law enforcement agency or a hiring board, such as the Illinois State Police Merit Board or an equivalent board. A written request made under this subsection shall be on the law enforcement agency's official letterhead, signed by the agency head or the agency head's designee, and shall include a written release or waiver for the personnel file and records signed by the law enforcement applicant applying for employment with the law enforcement agency. Except for a social security number, individual taxpayer identification number, driver's license and state identification card number, financial account number, and debit and credit card number, the law enforcement applicant's personnel file shall be produced without any redaction. Any provision in a nondisclosure, separation, or settlement agreement that prohibits the production of a law enforcement personnel file is null and void. If a record has been sealed or otherwise protected by a court order, the producing law enforcement agency shall notify the requesting law enforcement agency and the requesting law enforcement agency may seek appropriate relief from the court that entered the sealing or nondisclosure order. (b) If a request is made for release of a law enforcement personnel file that satisfies the requirements described in subsection (a), the producing law enforcement agency shall release a copy of the law enforcement personnel file to the requesting law enforcement agency no later than 14 days after receipt of the request. If additional time is required for production of the law enforcement personnel file, the producing law enforcement agency may inform the requesting law enforcement agency that an extension of up to 14 days is required. Upon producing a law enforcement personnel file, the producing law enforcement agency shall execute and provide a signed verification form that indicates all responsive records have been provided and that no known records have been intentionally withheld. The producing law enforcement agency shall also certify in writing that it is not aware of any other credible, verifiable, relevant, and material information regarding the applicant that would reflect negatively on the applicant's fitness for employment as an officer and that is not contained in the law enforcement personnel file. (c) The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in collective bargaining agreements in effect on the effective date of this amendatory Act of the 104th General Assembly. A collective bargaining agreement that conflicts with this Section may not be entered into, modified, or extended on or after the effective date of this amendatory Act of the 104th General Assembly. (d) A law enforcement agency and a law enforcement agency's agents and employees are immune from suit and liability for producing, disclosing, or releasing a law enforcement applicant's personnel file in accordance with this Section. (Source: P.A. 104-158, eff. 1-1-26.)