Sen. Antonio Muņoz

Filed: 4/11/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 631

2    AMENDMENT NO. ______. Amend Senate Bill 631 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Automated License Plate Recognition System Data Act.
 
6    Section 5. Definitions. For the purpose of this Act:
7    "ALPR system data" means data packets representing
8interpretation by ALPR systems of recorded vehicle license
9plates affixed to vehicles in the field of view of ALPR system
10cameras, with associated global positioning system (GPS)
11coordinates, and time and date stamps associated with the
12recording of the data.
13    "Automated license plate recognition system" or "ALPR
14system" means a system of one or more mobile, portable, or
15fixed video cameras using computer algorithms to convert images
16of license plates into automated computer-recognized

 

 

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1searchable alphanumerical data, including associated servers,
2data normalization technologies, and similar technologies.
3    "Historical ALPR system data" means data recorded by ALPR
4systems that are stored in an authorized ALPR system platform.
5    "Law enforcement agency" means an agency of this State,
6another state within the United States, a unit of local
7government, or a political subdivision of any of the preceding,
8which is vested by law or ordinance with the duty to maintain
9public order or to enforce criminal laws and ordinances.
10    "Legitimate law enforcement purpose" means for the purpose
11of the investigation of a criminal offense or violation of
12federal, State, or local law or ordinance by a law enforcement
13agency.
14    "Secured area" means an area, enclosed by clear boundaries,
15to which access is limited and not open to the public and entry
16is obtainable only through specific access-control points.
 
17    Section 10. ALPR system data and historical ALPR system
18data protections.
19    (a) A law enforcement agency may use recorded ALPR system
20data and historical ALPR system data only for a legitimate law
21enforcement purpose. ALPR system data collected by law
22enforcement and historical ALPR system data collected by law
23enforcement may not be used, shared, sold, traded, or exchanged
24for any other purpose.
25    (b) ALPR system data and historical ALPR system data shall

 

 

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1be considered and treated by a law enforcement agency as
2sensitive data, but the data is not in the same category as
3personally identifying information (PII).
4    (c) ALPR system data and historical ALPR system data are
5not subject to disclosure under the Freedom of Information Act.
6    (d) This Act does not apply to automated license plate
7recognition systems or similar systems:
8        (1) used for electronic toll collection and
9    enforcement;
10        (2) used in government buildings and other locations
11    for security purposes or controlling access to a secured
12    area;
13        (3) used for private sector activities; and
14        (4) used for any purpose for which motor vehicle
15    registration data may be accessed under 18 U.S.C. 2721.
 
16    Section 15. Use and privacy policy. Any law enforcement
17agency that uses automated license plate recognition systems
18shall:
19        (1) adopt a policy governing use of the system;
20        (2) adopt a privacy policy to ensure strict access and
21    control of the data so that ALPR system data and historical
22    ALPR system data are not used or shared in violation of
23    this Act;
24        (3) adopt audit procedures relating to use of ALPR
25    system data and historical ALPR system data; and

 

 

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1        (4) adopt and periodically update a comprehensive
2    training program for agency employees who use or have
3    access to ALPR system data and historical ALPR system data,
4    which fully trains the employees on safeguards in use of
5    ALPR system data or historical ALPR system data and
6    procedures to adhere to policies and procedures governing
7    use of ALPR system data or historical ALPR system data.
 
8    Section 20. Admissibility.
9    If a court finds by a preponderance of the evidence that
10ALPR system data or historical ALPR system data was gathered,
11stored, used, or disclosed in violation of this Act, then that
12information shall be presumed to be inadmissible in any
13judicial or administrative proceeding. The party seeking
14admission of the ALPR system data or historical ALPR system
15data may overcome this presumption by proving the applicability
16of a judicially recognized exception to the exclusionary rule
17of the Fourth Amendment to the United States Constitution or
18Article I, Section 6 of the Illinois Constitution, or by a
19preponderance of the evidence that the law enforcement agency
20was acting in good faith and reasonably believed that one or
21more of the exceptions existed at the time that the ALPR system
22data or historical ALPR system data was gathered, stored, used,
23or disclosed.
 
24    Section 25. Home rule and other local regulation. Any home

 

 

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1rule unit of local government, any non-home rule municipality,
2or any non-home rule county within the unincorporated territory
3of the county may regulate law enforcement agency owned
4automated license plate recognition systems and the use of ALPR
5system data collected by law enforcement and historical ALPR
6system data collected by law enforcement, but that regulation
7must be no less restrictive than this Act. This Section is a
8limitation on the concurrent exercise of home rule power under
9subsection (i) of Section 6 of Article VII of the Illinois
10Constitution.
 
11    Section 100. The Freedom of Information Act is amended by
12changing Section 7 as follows:
 
13    (5 ILCS 140/7)  (from Ch. 116, par. 207)
14    Sec. 7. Exemptions.
15    (1) When a request is made to inspect or copy a public
16record that contains information that is exempt from disclosure
17under this Section, but also contains information that is not
18exempt from disclosure, the public body may elect to redact the
19information that is exempt. The public body shall make the
20remaining information available for inspection and copying.
21Subject to this requirement, the following shall be exempt from
22inspection and copying:
23        (a) Information specifically prohibited from
24    disclosure by federal or State law or rules and regulations

 

 

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1    implementing federal or State law.
2        (b) Private information, unless disclosure is required
3    by another provision of this Act, a State or federal law or
4    a court order.
5        (b-5) Files, documents, and other data or databases
6    maintained by one or more law enforcement agencies and
7    specifically designed to provide information to one or more
8    law enforcement agencies regarding the physical or mental
9    status of one or more individual subjects.
10        (c) Personal information contained within public
11    records, the disclosure of which would constitute a clearly
12    unwarranted invasion of personal privacy, unless the
13    disclosure is consented to in writing by the individual
14    subjects of the information. "Unwarranted invasion of
15    personal privacy" means the disclosure of information that
16    is highly personal or objectionable to a reasonable person
17    and in which the subject's right to privacy outweighs any
18    legitimate public interest in obtaining the information.
19    The disclosure of information that bears on the public
20    duties of public employees and officials shall not be
21    considered an invasion of personal privacy.
22        (d) Records in the possession of any public body
23    created in the course of administrative enforcement
24    proceedings, and any law enforcement or correctional
25    agency for law enforcement purposes, but only to the extent
26    that disclosure would:

 

 

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1            (i) interfere with pending or actually and
2        reasonably contemplated law enforcement proceedings
3        conducted by any law enforcement or correctional
4        agency that is the recipient of the request;
5            (ii) interfere with active administrative
6        enforcement proceedings conducted by the public body
7        that is the recipient of the request;
8            (iii) create a substantial likelihood that a
9        person will be deprived of a fair trial or an impartial
10        hearing;
11            (iv) unavoidably disclose the identity of a
12        confidential source, confidential information
13        furnished only by the confidential source, or persons
14        who file complaints with or provide information to
15        administrative, investigative, law enforcement, or
16        penal agencies; except that the identities of
17        witnesses to traffic accidents, traffic accident
18        reports, and rescue reports shall be provided by
19        agencies of local government, except when disclosure
20        would interfere with an active criminal investigation
21        conducted by the agency that is the recipient of the
22        request;
23            (v) disclose unique or specialized investigative
24        techniques other than those generally used and known or
25        disclose internal documents of correctional agencies
26        related to detection, observation or investigation of

 

 

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1        incidents of crime or misconduct, and disclosure would
2        result in demonstrable harm to the agency or public
3        body that is the recipient of the request;
4            (vi) endanger the life or physical safety of law
5        enforcement personnel or any other person; or
6            (vii) obstruct an ongoing criminal investigation
7        by the agency that is the recipient of the request; or .
8            (viii) disclose ALPR system data or historical
9        ALPR system data as those terms are defined in Section
10        5 of the Automated License Plate Recognition System
11        Data Act.
12        (d-5) A law enforcement record created for law
13    enforcement purposes and contained in a shared electronic
14    record management system if the law enforcement agency that
15    is the recipient of the request did not create the record,
16    did not participate in or have a role in any of the events
17    which are the subject of the record, and only has access to
18    the record through the shared electronic record management
19    system.
20        (e) Records that relate to or affect the security of
21    correctional institutions and detention facilities.
22        (e-5) Records requested by persons committed to the
23    Department of Corrections if those materials are available
24    in the library of the correctional facility where the
25    inmate is confined.
26        (e-6) Records requested by persons committed to the

 

 

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1    Department of Corrections if those materials include
2    records from staff members' personnel files, staff
3    rosters, or other staffing assignment information.
4        (e-7) Records requested by persons committed to the
5    Department of Corrections if those materials are available
6    through an administrative request to the Department of
7    Corrections.
8        (f) Preliminary drafts, notes, recommendations,
9    memoranda and other records in which opinions are
10    expressed, or policies or actions are formulated, except
11    that a specific record or relevant portion of a record
12    shall not be exempt when the record is publicly cited and
13    identified by the head of the public body. The exemption
14    provided in this paragraph (f) extends to all those records
15    of officers and agencies of the General Assembly that
16    pertain to the preparation of legislative documents.
17        (g) Trade secrets and commercial or financial
18    information obtained from a person or business where the
19    trade secrets or commercial or financial information are
20    furnished under a claim that they are proprietary,
21    privileged or confidential, and that disclosure of the
22    trade secrets or commercial or financial information would
23    cause competitive harm to the person or business, and only
24    insofar as the claim directly applies to the records
25    requested.
26        The information included under this exemption includes

 

 

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1    all trade secrets and commercial or financial information
2    obtained by a public body, including a public pension fund,
3    from a private equity fund or a privately held company
4    within the investment portfolio of a private equity fund as
5    a result of either investing or evaluating a potential
6    investment of public funds in a private equity fund. The
7    exemption contained in this item does not apply to the
8    aggregate financial performance information of a private
9    equity fund, nor to the identity of the fund's managers or
10    general partners. The exemption contained in this item does
11    not apply to the identity of a privately held company
12    within the investment portfolio of a private equity fund,
13    unless the disclosure of the identity of a privately held
14    company may cause competitive harm.
15        Nothing contained in this paragraph (g) shall be
16    construed to prevent a person or business from consenting
17    to disclosure.
18        (h) Proposals and bids for any contract, grant, or
19    agreement, including information which if it were
20    disclosed would frustrate procurement or give an advantage
21    to any person proposing to enter into a contractor
22    agreement with the body, until an award or final selection
23    is made. Information prepared by or for the body in
24    preparation of a bid solicitation shall be exempt until an
25    award or final selection is made.
26        (i) Valuable formulae, computer geographic systems,

 

 

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1    designs, drawings and research data obtained or produced by
2    any public body when disclosure could reasonably be
3    expected to produce private gain or public loss. The
4    exemption for "computer geographic systems" provided in
5    this paragraph (i) does not extend to requests made by news
6    media as defined in Section 2 of this Act when the
7    requested information is not otherwise exempt and the only
8    purpose of the request is to access and disseminate
9    information regarding the health, safety, welfare, or
10    legal rights of the general public.
11        (j) The following information pertaining to
12    educational matters:
13            (i) test questions, scoring keys and other
14        examination data used to administer an academic
15        examination;
16            (ii) information received by a primary or
17        secondary school, college, or university under its
18        procedures for the evaluation of faculty members by
19        their academic peers;
20            (iii) information concerning a school or
21        university's adjudication of student disciplinary
22        cases, but only to the extent that disclosure would
23        unavoidably reveal the identity of the student; and
24            (iv) course materials or research materials used
25        by faculty members.
26        (k) Architects' plans, engineers' technical

 

 

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1    submissions, and other construction related technical
2    documents for projects not constructed or developed in
3    whole or in part with public funds and the same for
4    projects constructed or developed with public funds,
5    including but not limited to power generating and
6    distribution stations and other transmission and
7    distribution facilities, water treatment facilities,
8    airport facilities, sport stadiums, convention centers,
9    and all government owned, operated, or occupied buildings,
10    but only to the extent that disclosure would compromise
11    security.
12        (l) Minutes of meetings of public bodies closed to the
13    public as provided in the Open Meetings Act until the
14    public body makes the minutes available to the public under
15    Section 2.06 of the Open Meetings Act.
16        (m) Communications between a public body and an
17    attorney or auditor representing the public body that would
18    not be subject to discovery in litigation, and materials
19    prepared or compiled by or for a public body in
20    anticipation of a criminal, civil or administrative
21    proceeding upon the request of an attorney advising the
22    public body, and materials prepared or compiled with
23    respect to internal audits of public bodies.
24        (n) Records relating to a public body's adjudication of
25    employee grievances or disciplinary cases; however, this
26    exemption shall not extend to the final outcome of cases in

 

 

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1    which discipline is imposed.
2        (o) Administrative or technical information associated
3    with automated data processing operations, including but
4    not limited to software, operating protocols, computer
5    program abstracts, file layouts, source listings, object
6    modules, load modules, user guides, documentation
7    pertaining to all logical and physical design of
8    computerized systems, employee manuals, and any other
9    information that, if disclosed, would jeopardize the
10    security of the system or its data or the security of
11    materials exempt under this Section.
12        (p) Records relating to collective negotiating matters
13    between public bodies and their employees or
14    representatives, except that any final contract or
15    agreement shall be subject to inspection and copying.
16        (q) Test questions, scoring keys, and other
17    examination data used to determine the qualifications of an
18    applicant for a license or employment.
19        (r) The records, documents, and information relating
20    to real estate purchase negotiations until those
21    negotiations have been completed or otherwise terminated.
22    With regard to a parcel involved in a pending or actually
23    and reasonably contemplated eminent domain proceeding
24    under the Eminent Domain Act, records, documents and
25    information relating to that parcel shall be exempt except
26    as may be allowed under discovery rules adopted by the

 

 

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1    Illinois Supreme Court. The records, documents and
2    information relating to a real estate sale shall be exempt
3    until a sale is consummated.
4        (s) Any and all proprietary information and records
5    related to the operation of an intergovernmental risk
6    management association or self-insurance pool or jointly
7    self-administered health and accident cooperative or pool.
8    Insurance or self insurance (including any
9    intergovernmental risk management association or self
10    insurance pool) claims, loss or risk management
11    information, records, data, advice or communications.
12        (t) Information contained in or related to
13    examination, operating, or condition reports prepared by,
14    on behalf of, or for the use of a public body responsible
15    for the regulation or supervision of financial
16    institutions or insurance companies, unless disclosure is
17    otherwise required by State law.
18        (u) Information that would disclose or might lead to
19    the disclosure of secret or confidential information,
20    codes, algorithms, programs, or private keys intended to be
21    used to create electronic or digital signatures under the
22    Electronic Commerce Security Act.
23        (v) Vulnerability assessments, security measures, and
24    response policies or plans that are designed to identify,
25    prevent, or respond to potential attacks upon a community's
26    population or systems, facilities, or installations, the

 

 

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1    destruction or contamination of which would constitute a
2    clear and present danger to the health or safety of the
3    community, but only to the extent that disclosure could
4    reasonably be expected to jeopardize the effectiveness of
5    the measures or the safety of the personnel who implement
6    them or the public. Information exempt under this item may
7    include such things as details pertaining to the
8    mobilization or deployment of personnel or equipment, to
9    the operation of communication systems or protocols, or to
10    tactical operations.
11        (w) (Blank).
12        (x) Maps and other records regarding the location or
13    security of generation, transmission, distribution,
14    storage, gathering, treatment, or switching facilities
15    owned by a utility, by a power generator, or by the
16    Illinois Power Agency.
17        (y) Information contained in or related to proposals,
18    bids, or negotiations related to electric power
19    procurement under Section 1-75 of the Illinois Power Agency
20    Act and Section 16-111.5 of the Public Utilities Act that
21    is determined to be confidential and proprietary by the
22    Illinois Power Agency or by the Illinois Commerce
23    Commission.
24        (z) Information about students exempted from
25    disclosure under Sections 10-20.38 or 34-18.29 of the
26    School Code, and information about undergraduate students

 

 

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1    enrolled at an institution of higher education exempted
2    from disclosure under Section 25 of the Illinois Credit
3    Card Marketing Act of 2009.
4        (aa) Information the disclosure of which is exempted
5    under the Viatical Settlements Act of 2009.
6        (bb) Records and information provided to a mortality
7    review team and records maintained by a mortality review
8    team appointed under the Department of Juvenile Justice
9    Mortality Review Team Act.
10        (cc) Information regarding interments, entombments, or
11    inurnments of human remains that are submitted to the
12    Cemetery Oversight Database under the Cemetery Care Act or
13    the Cemetery Oversight Act, whichever is applicable.
14        (dd) Correspondence and records (i) that may not be
15    disclosed under Section 11-9 of the Public Aid Code or (ii)
16    that pertain to appeals under Section 11-8 of the Public
17    Aid Code.
18        (ee) The names, addresses, or other personal
19    information of persons who are minors and are also
20    participants and registrants in programs of park
21    districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations.
24        (ff) The names, addresses, or other personal
25    information of participants and registrants in programs of
26    park districts, forest preserve districts, conservation

 

 

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1    districts, recreation agencies, and special recreation
2    associations where such programs are targeted primarily to
3    minors.
4        (gg) Confidential information described in Section
5    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
6        (hh) The report submitted to the State Board of
7    Education by the School Security and Standards Task Force
8    under item (8) of subsection (d) of Section 2-3.160 of the
9    School Code and any information contained in that report.
10        (ii) Records requested by persons committed to or
11    detained by the Department of Human Services under the
12    Sexually Violent Persons Commitment Act or committed to the
13    Department of Corrections under the Sexually Dangerous
14    Persons Act if those materials: (i) are available in the
15    library of the facility where the individual is confined;
16    (ii) include records from staff members' personnel files,
17    staff rosters, or other staffing assignment information;
18    or (iii) are available through an administrative request to
19    the Department of Human Services or the Department of
20    Corrections.
21        (jj) (ii) Confidential information described in
22    Section 5-535 of the Civil Administrative Code of Illinois.
23    (1.5) Any information exempt from disclosure under the
24Judicial Privacy Act shall be redacted from public records
25prior to disclosure under this Act.
26    (2) A public record that is not in the possession of a

 

 

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1public body but is in the possession of a party with whom the
2agency has contracted to perform a governmental function on
3behalf of the public body, and that directly relates to the
4governmental function and is not otherwise exempt under this
5Act, shall be considered a public record of the public body,
6for purposes of this Act.
7    (3) This Section does not authorize withholding of
8information or limit the availability of records to the public,
9except as stated in this Section or otherwise provided in this
10Act.
11(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
1298-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;
13revised 1-11-16.)".