SB3320 103RD GENERAL ASSEMBLY

LRB103 37907 MXP 68039 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3320

Introduced 2/7/2024, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

625 ILCS 5/2-130

Amends the Illinois Vehicle Code. Provides that automated license plate reader" or "ALPR" means a camera or system of cameras using computer algorithms to convert images of license plates into automated computer-recognized searchable alphanumeric data (rather than an electronic device), that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. Permits a State law enforcement agency to retain ALPR system detections for 5 years after the date of the creation of the record. Provides the detection shall be archived 90 days after the creation of the record unless the information is relevant to an ongoing investigation or pending criminal trial and shall be accessed only for use in a felony criminal investigation or an investigation into police misconduct. Provides that any records of detections that are older than 90 days shall be accessed only with the written approval of the law enforcement agency head or his or her designee. Prohibits all records of detections archived after 90 days from being searchable by out-of-state agencies. Requires all records of detections must be destroyed 5 years after the record was created unless the information is relevant to an ongoing investigation or pending criminal trial. Provides that the Illinois State Police shall retain ALPR detections for a period of time that is consistent with the provisions of the Expressway Camera Act and the State Records Act. Contains a severability clause.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 2-130 as follows:

(625 ILCS 5/2-130)

Sec. 2-130. User of automated license plate readers; prohibitions.

(a) As used in this Section:

"Automated license plate reader" or "ALPR" means a camera or system of cameras using computer algorithms to convert images of license plates into automated computer-recognized searchable alphanumeric data, an electronic device that is mounted on a law enforcement vehicle or positioned in a stationary location and that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "ALPR" includes a device that is owned or operated by a person or an entity other than a law enforcement agency to the extent that data collected by the reader is shared with a law enforcement agency.

"ALPR information" means information gathered by an ALPR or created from the analysis of data generated by an ALPR.

"ALPR systems" means multi-agency or vendor agreements that allow the sharing of ALPR information collected in Illinois.

"ALPR user" means a person or entity that owns or operates an ALPR device.

"Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws or with managing custody of detained persons in any state or jurisdiction.

(b) An ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that:

(1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or

(2) permits the detention or investigation of a person based on the person's immigration status.

(c) Any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates subsection (b). If a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency.

(d) ALPR information shall be held confidentially to the fullest extent permitted by law.

(e) Nothing in this Act shall define or limit any rights under the Reproductive Health Act.

(f) A law enforcement agency may retain ALPR system detections for 5 years after the date of the creation of the record. The detection shall be archived 90 days after the creation of the record unless the information is relevant to an ongoing investigation or pending criminal trial and shall be accessed only for use in a felony criminal investigation or an investigation into police misconduct. Any records of detections that are older than 90 days shall be accessed only with the written approval of the law enforcement agency head or his or her designee. All records of detections archived after 90 days shall not be searchable by out-of-state agencies. All records of detections must be destroyed 5 years after the record was created unless the information is relevant to an ongoing investigation or pending criminal trial. The Illinois State Police shall retain ALPR detections for a period of time that is consistent with the provisions of the Expressway Camera Act and the State Records Act.

(Source: P.A. 103-540, eff. 1-1-24.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.