(a) Except as required by a statute or regulation that applies to the City, or as required by an order of a court of competent jurisdiction or lawfully issued judicial warrant of a court of competent jurisdiction, no agent or agency shall:
(1) provide information related to, or in furtherance of, any investigation or proceeding initiated in or by another state or jurisdiction that seeks to impose civil or criminal liability or professional sanctions upon a person for:
(A) the provision or receipt of, or any inquiry concerning, reproductive health care or gender-affirming care that is legal in the State of Illinois; or
(B) any assistance given to any person or entity that relates to the provision or receipt of, or any inquiry concerning, reproductive health care or gender-affirming care that is legal in the State of Illinois.
(2) Participate in any law enforcement action or operation or assist in the civil enforcement of a restrictive law.
(3) Stop, arrest, detain, or continue to detain an individual, or transfer an individual into the custody of another jurisdiction, based solely on a restrictive law or on a request to extradite an individual pursuant to a restrictive law unless the acts forming the basis of the prosecution of the crime charged would also constitute a criminal offense under the laws of the State of Illinois.
(4) permit law enforcement of another jurisdiction:
(A) access, including by telephone, to an individual being detained by, or in the custody of, the agency or agent for purposes of investigative interviews in relation to a foreign investigation for enforcement of a restrictive law; or
(B) use of agency facilities or data for investigative interviews or other investigative purpose in relation to a foreign investigation for enforcement of a restrictive law.
(5) Use any City resources, including an agent's time, in responding to inquiries from, or communicating with, any state or person investigating, initiating, or pursuing a civil or criminal action against a person based on a restrictive law, other than to respond that the City will not be assisting in the action or take the necessary legal action to effect the goals of this chapter.
(b) Each agency that may be asked to assist in the investigation or enforcement of a restrictive law shall, in consultation with the Corporation Counsel, develop a model policy to (i) prevent violation of this Chapter 6-20, (ii) ensure that all facilities remain safe and accessible to any person alleged to have violated a restrictive law, and (iii) train applicable staff on the provisions of this Chapter 6-20, including staff who respond to Freedom of Information Act requests on behalf of public bodies. All such agencies shall establish policies that limit data sharing in relation to allegations of the violation of a restrictive law to the fullest extent possible consistent with federal and Illinois law. The City shall make such policies available to departments and facilities operated by Sister Agencies, as that term is defined in Section 1-23-010.
(1) The agencies and the Corporation Counsel shall consult with the Advisory Council on Women and the Advisory Council on LGBTQ+ issues, established in Section 2-120-500(b) and (c), and may consult with the Illinois Attorney General, the Illinois State Police, the Cook County Sheriff, the Cook County State's Attorney, and the Commissioner of Public Health to develop the model policies. Among the goals of the policies will include providing:
(A) guidance as to which foreign warrants are based on alleged violations of restrictive laws and distinguish restrictive laws that pretextually use the language of murder, child abuse, and other crimes in order to infringe on bodily autonomy, from those that are consonant with crimes that are recognized in the State of Illinois.
(B) a compilation of warrants and other possible inquiries that, if received and acted upon, would result in a violation of this Chapter 6-20.
(2) Any agency that creates a policy pursuant to or compliant with this Chapter 6-20 shall annually review the policy and update it to reflect any changes in the legal landscape. Any policy that is changed shall be reported to the City Council Committee on Health and Human Relations.
(c) If an agency receives a request to provide assistance with the investigation of or enforcement of a restrictive law, a supervising agent, who shall be an attorney licensed in Illinois, shall, in accordance with the requirements of subsection (a) and the policies adopted pursuant to subsection (b), determine whether such request is to assist in the investigation of or enforcement of a restrictive law. If the supervisor determines that the request is to assist in the investigation of or enforcement of a restrictive law, the supervisor shall decline the request. The supervisor shall also notify the Commission on Human Relations with an identifier that indicates that the event is a request for assistance with a restrictive law. The Commission on Human Relations shall report to the Mayor, the Corporation Counsel, and the City Council Committee on Health and Human Relations the number of requests for assistance in the enforcement of any restrictive laws including the sources, frequency, and nature of requests and the agencies' response to such request. These reports shall not contain any personally identifiable information or private information in order to protect the identities and privacy of any person alleged to have violated a restrictive law.
(d) Nothing in this section shall prohibit the investigation of any activity prohibited under Illinois law, provided that no information relating to any medical procedure performed on an individual or relating to any medical resources provided to a specific individual may be shared with an out-of-state agency or any other person unless the individual gives written authorization for such data sharing.
(e) This Chapter 6-20 does not create or form the basis for liability on the part of the City, its agents, or agencies. A remedy for the violation of this chapter shall be through the City's disciplinary procedures for officers and employees under regulations including but not limited to the City personnel rules, union contracts, civil service commission rules, or any other agency rules or regulations. A person alleging a violation of this chapter shall forward a complaint to the Office of the Inspector General ("Inspector General") who shall process it in accordance with the complaint-processing procedures established in Chapter 2-56 of this Code except that if the complaint is against any member of the City Council or any employee or staff person of any City Council committee, the Inspector General shall promptly transmit said complaint to the Chairman of the City Council Committee on Committees and Rules for processing or such successor committee having jurisdiction over said matters. Nothing in this section shall preclude a person from seeking injunctive or declaratory relief for a violation of this section. The City reserves the right to challenge any such order of court or lawfully issued judicial warrant as referred to in subsection (a).
(Added Coun. J. 9-21-22, p. 51937, § 1)