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SB 1858

PRIVACY CRIM JUSTICE DATA

104th Regular Session Introduced by Graciela Guzmán

Illinois SB 1858 bars private contractors handling criminal justice data from sharing it with ICE for civil enforcement; requires perjury-backed contracts with state/local agencies.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1858

Summary — SB 1858: Privacy of Criminal Justice Data / Criminal Justice Information Sharing Act

Status: Enacted — Signed by Governor 6/20/2025; effective 9/1/2025
Primary sponsor: Sen. Graciela Guzmán
Companion: HB 529

Purpose

SB 1858 establishes statewide limits on sharing state and local criminal justice information with U.S. Immigration and Customs Enforcement (ICE) and for civil immigration enforcement purposes. The bill requires contractual commitments from private contractors and businesses that store, maintain, or purchase criminal justice data for state agencies or units of local government, aimed at preventing those third parties from providing such data to ICE or using it for civil immigration enforcement.

Key provisions

  • Creates two named acts:
    • Privacy of Criminal Justice Data Act (Article 1)
    • Criminal Justice Information Sharing Act (Article 5)
  • Contractual certification requirement:
    • Every contract between this State or a unit of local government and any contractor that stores, maintains, or purchases the State’s or a local government’s criminal justice information must include a provision in which the contractor certifies, under penalty of perjury, that it will not share that criminal justice information with ICE or use it for civil immigration enforcement purposes.
  • Definitions (selected):
    • “Criminal justice data / criminal justice information”: individually identifiable records described in relevant Illinois criminal identification statutes and criminal history record information (arrests, detentions, charges, pretrial proceedings, trials, sentencing, corrections, release, etc.). Excludes purely statistical/aggregate records where individuals are not identifiable.
    • “Civil immigration warrant”: includes non-criminal immigration forms such as Form I-200, I-203, I-205, I-286, and records/warrants/hits/requests in the Immigration Violator File of the FBI NCIC. Explicitly excludes criminal warrants.
    • “Civil immigration enforcement”: enforcement based on such civil immigration warrants (as defined).

Who is affected

  • State agencies and units of local government that contract out storage, maintenance, or purchase of criminal justice information.
  • Contractors and private businesses (including cloud providers, data vendors, and third‑party registrars) that handle criminal justice data under contract with State or local governments.
  • Individuals whose criminal justice records are stored or processed by such contractors — the provision aims to limit their records’ transfer to ICE for civil enforcement.

Enforcement and penalties

  • The bill requires certification “under penalty of perjury,” but the text primarily mandates contractual language. It does not, in the introduced text, set out detailed administrative enforcement mechanisms or specific civil/criminal penalties beyond the perjury element; remedies would be derived from contract law and applicable perjury statutes unless further implementing rules are adopted.

Timeline / Legislative action highlights

  • Introduced: 3/4/2025 (Senate filing 2/6/2025; first reading 2/6/2025)
  • Passed both chambers: May 2025 (Senate and House actions through 5/28/2025)
  • Sent to Governor: 6/1/2025; Signed: 6/20/2025
  • Effective date: September 1, 2025

Potential impacts (practical considerations)

  • Vendors and contractors will need to adopt contract clauses and internal policies preventing disclosure to ICE for civil immigration enforcement; compliance reviews and possible contract renegotiations may follow.
  • State and local agencies may revise procurement templates and vendor oversight practices.
  • The statute narrows the universe of permissible disclosures to ICE by private contractors, which could affect information-sharing arrangements between local/state systems and federal immigration authorities.

Compiled from official sources — confirm details with the bill’s official record.

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