Sen. Terry Link
Filed: 3/12/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2400




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    AMENDMENT NO. ______. Amend Senate Bill 2400 on page 2, by 
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replacing lines 17 through 19 with the following:
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"fingerprints, voiceprints, records or scans of hand geometry, 
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facial geometry, or facial recognition. Biometric identifiers 
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do not include writing samples, written signatures, 
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photographs, or human biological samples used for valid 
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scientific testing or screening. Biometric identifiers do not 
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include donated organs, tissues, or parts as defined in the 
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Illinois Anatomical Gift Act or blood or serum stored on behalf 
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of recipients or potential recipients of living or cadaveric 
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transplants and obtained or stored by a federally-designated 
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organ procurement agency. Biometric identifiers do not include 
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biological materials regulated under the Genetic Information 
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Privacy Act."; and
    
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on page 3, line 24, by replacing "entity." with "entity, 
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whichever occurs first."; and
 
 


 






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on page 4, by replacing lines 19 through 23 with the following:
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    "(c) Subsections (a) and (b) of this Section do not apply 
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to a public agency engaged in criminal investigations or 
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prosecutions, acting pursuant to a valid warrant or subpoena 
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issued by a court of competent jurisdiction, or  issuing 
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driver's licenses, driver's permits, or other similar 
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identification cards. Subsection (a) of this Section does not 
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apply to school districts; however, a school district that 
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collects biometric identifiers or biometric information must 
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adopt retention schedules and destruction policies in 
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accordance with the School Code."; and
 
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on page 5, line 10, by replacing "federal law or regulation" 
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with "or when required by State or federal law"; and
 
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on page 5, immediately below line 13, by inserting the 
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following:
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    "(e-5) Nothing in subsection (d) of this Section shall be 
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construed to prohibit or inhibit a public agency that issues 
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driver's licenses, driver's permits, or other identification 
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cards from:
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        (1) sharing biometric identifiers or biometric 
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    information pursuant to or when required by State or 
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    federal law; or
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        (2) sharing biometric identifiers or biometric 
 


 






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    information pursuant to a valid warrant or subpoena issued 
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    by a court of competent jurisdiction."; and
 
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by replacing line 26 on page 5 through line 1 on page 6 with the 
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following:
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        "(3) the disclosure or redisclosure is required by 
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    State or federal law; or"; and
 
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by replacing line 5 on page 7 through line 4 on page 8 with the 
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following:


 
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    "Section 20. Right of action. Any person aggrieved by a 
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violation of this Act shall have a right of action in a State 
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circuit court or as a supplemental claim in federal district 
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court against an offending party.  A prevailing party may 
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recover for each violation:
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        (1) against any public agency or private entity that 
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    negligently violates a provision of this Act, liquidated 
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    damages of $1,000 or actual damages, whichever is greater;
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        (2) against any public agency or private entity that 
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    intentionally or recklessly violates a provision of this 
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    Act, liquidated damages of $5,000 or actual damages, 
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    whichever is greater;
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        (3) reasonable attorneys' fees and costs, including 
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    expert witness fees and other litigation expenses; and
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        (4) other relief, including an injunction, as the State 
 


 






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    or federal court may deem appropriate.".