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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5)
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7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be | ||||||
9 | exempt from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other | ||||||
19 | records prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
16 | apply until the conclusion of the trial of the case, even | ||||||
17 | if the prosecution chooses not to pursue the death penalty | ||||||
18 | prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
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1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
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12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained | ||||||
14 | in, stored in, submitted to, transferred by, or released | ||||||
15 | from the Illinois Health Information Exchange, and | ||||||
16 | identified or deidentified health information in the form | ||||||
17 | of health data and medical records of the Illinois Health | ||||||
18 | Information Exchange in the possession of the Illinois | ||||||
19 | Health Information Exchange Office due to its | ||||||
20 | administration of the Illinois Health Information | ||||||
21 | Exchange. The terms "identified" and "deidentified" shall | ||||||
22 | be given the same meaning as in the Health Insurance | ||||||
23 | Portability and Accountability Act of 1996, Public Law | ||||||
24 | 104-191, or any subsequent amendments thereto, and any | ||||||
25 | regulations promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
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1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed | ||||||
10 | Carry Licensing Review Board under the Firearm Concealed | ||||||
11 | Carry Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (v-5) Records of the Firearm Owner's Identification | ||||||
14 | Card Review Board that are exempted from disclosure under | ||||||
15 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
16 | (w) Personally identifiable information which is | ||||||
17 | exempted from disclosure under subsection (g) of Section | ||||||
18 | 19.1 of the Toll Highway Act. | ||||||
19 | (x) Information which is exempted from disclosure | ||||||
20 | under Section 5-1014.3 of the Counties Code or Section | ||||||
21 | 8-11-21 of the Illinois Municipal Code. | ||||||
22 | (y) Confidential information under the Adult | ||||||
23 | Protective Services Act and its predecessor enabling | ||||||
24 | statute, the Elder Abuse and Neglect Act, including | ||||||
25 | information about the identity and administrative finding | ||||||
26 | against any caregiver of a verified and substantiated |
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1 | decision of abuse, neglect, or financial exploitation of | ||||||
2 | an eligible adult maintained in the Registry established | ||||||
3 | under Section 7.5 of the Adult Protective Services Act. | ||||||
4 | (z) Records and information provided to a fatality | ||||||
5 | review team or the Illinois Fatality Review Team Advisory | ||||||
6 | Council under Section 15 of the Adult Protective Services | ||||||
7 | Act. | ||||||
8 | (aa) Information which is exempted from disclosure | ||||||
9 | under Section 2.37 of the Wildlife Code. | ||||||
10 | (bb) Information which is or was prohibited from | ||||||
11 | disclosure by the Juvenile Court Act of 1987. | ||||||
12 | (cc) Recordings made under the Law Enforcement | ||||||
13 | Officer-Worn Body Camera Act, except to the extent | ||||||
14 | authorized under that Act. | ||||||
15 | (dd) Information that is prohibited from being | ||||||
16 | disclosed under Section 45 of the Condominium and Common | ||||||
17 | Interest Community Ombudsperson Act. | ||||||
18 | (ee) Information that is exempted from disclosure | ||||||
19 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
20 | (ff) Information that is exempted from disclosure | ||||||
21 | under the Revised Uniform Unclaimed Property Act. | ||||||
22 | (gg) Information that is prohibited from being | ||||||
23 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
24 | Code. | ||||||
25 | (hh) Records that are exempt from disclosure under | ||||||
26 | Section 1A-16.7 of the Election Code. |
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1 | (ii) Information which is exempted from disclosure | ||||||
2 | under Section 2505-800 of the Department of Revenue Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (jj) Information and reports that are required to be | ||||||
5 | submitted to the Department of Labor by registering day | ||||||
6 | and temporary labor service agencies but are exempt from | ||||||
7 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
8 | and Temporary Labor Services Act. | ||||||
9 | (kk) Information prohibited from disclosure under the | ||||||
10 | Seizure and Forfeiture Reporting Act. | ||||||
11 | (ll) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
13 | Aid Code. | ||||||
14 | (mm) Records that are exempt from disclosure under | ||||||
15 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
16 | (nn) Information that is exempt from disclosure under | ||||||
17 | Section 70 of the Higher Education Student Assistance Act. | ||||||
18 | (oo) Communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session | ||||||
20 | prohibited from disclosure under the First Responders | ||||||
21 | Suicide Prevention Act. | ||||||
22 | (pp) Names and all identifying information relating to | ||||||
23 | an employee of an emergency services provider or law | ||||||
24 | enforcement agency under the First Responders Suicide | ||||||
25 | Prevention Act. | ||||||
26 | (qq) Information and records held by the Department of |
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1 | Public Health and its authorized representatives collected | ||||||
2 | under the Reproductive Health Act. | ||||||
3 | (rr) Information that is exempt from disclosure under | ||||||
4 | the Cannabis Regulation and Tax Act. | ||||||
5 | (ss) Data reported by an employer to the Department of | ||||||
6 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
7 | Human Rights Act. | ||||||
8 | (tt) Recordings made under the Children's Advocacy | ||||||
9 | Center Act, except to the extent authorized under that | ||||||
10 | Act. | ||||||
11 | (uu) Information that is exempt from disclosure under | ||||||
12 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
13 | (vv) Information that is exempt from disclosure under | ||||||
14 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
15 | Public Aid Code. | ||||||
16 | (ww) Information that is exempt from disclosure under | ||||||
17 | Section 16.8 of the State Treasurer Act. | ||||||
18 | (xx) Information that is exempt from disclosure or | ||||||
19 | information that shall not be made public under the | ||||||
20 | Illinois Insurance Code. | ||||||
21 | (yy) Information prohibited from being disclosed under | ||||||
22 | the Illinois Educational Labor Relations Act. | ||||||
23 | (zz) Information prohibited from being disclosed under | ||||||
24 | the Illinois Public Labor Relations Act. | ||||||
25 | (aaa) Information prohibited from being disclosed | ||||||
26 | under Section 1-167 of the Illinois Pension Code. |
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1 | (bbb) (ccc) Information that is prohibited from | ||||||
2 | disclosure by the Illinois Police Training Act and the | ||||||
3 | Illinois State Police Act. | ||||||
4 | (ccc) (ddd) Records exempt from disclosure under | ||||||
5 | Section
2605-304 of the Illinois Department of State | ||||||
6 | Police Law of the Civil
Administrative Code of Illinois. | ||||||
7 | (ddd) (bbb) Information prohibited from being | ||||||
8 | disclosed under Section 35 of the Address Confidentiality | ||||||
9 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
10 | Trafficking, or Stalking Act. | ||||||
11 | (eee) (ddd) Information prohibited from being | ||||||
12 | disclosed under subsection (b) of Section 75 of the | ||||||
13 | Domestic Violence Fatality Review Act. | ||||||
14 | (fff) Images from cameras under the Expressway Camera | ||||||
15 | Act. This subsection (fff) is inoperative on and after | ||||||
16 | July 1, 2023. | ||||||
17 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
18 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
19 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
20 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
21 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
22 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
23 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
24 | 102-559, eff. 8-20-21; revised 10-5-21.) | ||||||
25 | Section 10. The Expressway Camera Act is amended by |
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1 | changing Sections 5 and 90 and by adding Section 3 as follows: | ||||||
2 | (605 ILCS 140/3 new) | ||||||
3 | Sec. 3. Definitions. As used in this Act: | ||||||
4 | "Aggravated vehicular hijacking" has the meaning provided | ||||||
5 | in Section 18-4 of the Criminal Code of 2012. | ||||||
6 | "Authorized user" means a designated peace officer or | ||||||
7 | member of law enforcement personnel who has received training | ||||||
8 | in the review and use of images and associated technology. | ||||||
9 | "Expressway" has the meaning provided in Section 1-119.3 | ||||||
10 | of the Illinois Vehicle Code. | ||||||
11 | "Forcible felony" means the following offenses: treason, | ||||||
12 | first degree murder, second degree murder, predatory criminal | ||||||
13 | sexual assault of a child, aggravated criminal sexual assault, | ||||||
14 | criminal sexual assault, robbery, burglary, residential | ||||||
15 | burglary, aggravated arson, arson, aggravated kidnaping, | ||||||
16 | kidnaping, and aggravated battery resulting in great bodily | ||||||
17 | harm or permanent disability or disfigurement. | ||||||
18 | "Terrorism" has the meaning provided in Section 29D-14.9 | ||||||
19 | of the Criminal Code of 2012. | ||||||
20 | "Vehicular hijacking" has the meaning provided in Section | ||||||
21 | 18-3 of the Criminal Code of 2012. | ||||||
22 | (605 ILCS 140/5)
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23 | (Section scheduled to be repealed on July 1, 2023) | ||||||
24 | Sec. 5. Camera program. |
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1 | (a) The Illinois State Police, the Illinois Department of
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2 | Transportation, and the Illinois State Toll Highway Authority
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3 | shall work together to conduct a program to increase the | ||||||
4 | amount
of cameras along expressways and Jean-Baptiste Pointe | ||||||
5 | DuSable Lake Shore Drive in Cook County. Within 90 days after | ||||||
6 | the effective date of this amendatory Act of the 102nd General | ||||||
7 | Assembly, details about the program objectives, counties where | ||||||
8 | the program is operational, and policies under which the | ||||||
9 | program operates shall be made publicly available and posted | ||||||
10 | online. | ||||||
11 | (b) Images from the cameras may be extracted used by any | ||||||
12 | authorized user and used by any municipal police department, | ||||||
13 | county sheriff's office, State Police officer, or other law | ||||||
14 | enforcement agency with jurisdiction over the expressway in | ||||||
15 | Cook County in the investigation of any offenses involving | ||||||
16 | vehicular hijacking, aggravated vehicular hijacking, | ||||||
17 | terrorism, motor vehicle theft, or any forcible felony, | ||||||
18 | including, but not limited to, offenses offense involving the | ||||||
19 | use of a firearm ; and to detect expressway hazards and highway | ||||||
20 | conditions; and to facilitate highway safety and incident | ||||||
21 | management . Images from the cameras shall not be used to | ||||||
22 | enforce petty offenses or offenses not listed in this | ||||||
23 | subsection, unless use of the images pertains to expressway or | ||||||
24 | highway safety or hazards. Images from the cameras may be used | ||||||
25 | by any law enforcement agency conducting an active law | ||||||
26 | enforcement investigation. All images from the cameras shall |
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1 | be deleted within 120 days, unless the images are relevant to | ||||||
2 | an ongoing investigation or pending criminal trial. Cameras | ||||||
3 | shall not be used to monitor individuals or groups in a | ||||||
4 | discriminatory manner contrary to applicable State or federal | ||||||
5 | law . | ||||||
6 | (b-5) By June 30th of each year, the Illinois State | ||||||
7 | Police, the Illinois Department of Transportation, and the | ||||||
8 | Illinois State Toll Highway Authority shall issue a joint | ||||||
9 | report to the General Assembly detailing the program | ||||||
10 | operations, including, but not limited to: | ||||||
11 | (1) the cost of installation of cameras by county; | ||||||
12 | (2) the cost of ongoing maintenance of the camera | ||||||
13 | systems per county, including electrical costs and data | ||||||
14 | transfer costs; | ||||||
15 | (3) the number of inquiries where the investigation | ||||||
16 | involved the criminal offenses outlined in subsection (b); | ||||||
17 | and | ||||||
18 | (4) the number of incidents in which law enforcement | ||||||
19 | searched the stored data for the criminal offenses | ||||||
20 | outlined in subsection (b). | ||||||
21 | (c) Subject to appropriation, any funds needed to conduct | ||||||
22 | the program for use on expressways under the jurisdiction of | ||||||
23 | the Department of Transportation shall be taken from the Road | ||||||
24 | Fund. | ||||||
25 | (c-5) Any forcible felony, gunrunning, or firearms | ||||||
26 | trafficking offense, as defined in Section 2-8, 24-3a, or |
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1 | 24-3b of the Criminal Code of 2012, respectively, committed on | ||||||
2 | an expressway monitored by a camera system funded by money | ||||||
3 | from the Road Fund and investigated by officers of the | ||||||
4 | Illinois State Police may be prosecuted by the Attorney | ||||||
5 | General or the State's Attorney where the offense was | ||||||
6 | committed. | ||||||
7 | (d) (Blank). As used in this Section, "expressway" has the | ||||||
8 | meaning provided in Section 1-119.3 of the Illinois Vehicle | ||||||
9 | Code.
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10 | (Source: P.A. 101-42, eff. 1-1-20 .) | ||||||
11 | (605 ILCS 140/90)
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12 | (Section scheduled to be repealed on July 1, 2023) | ||||||
13 | Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023 .
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14 | (Source: P.A. 101-42, eff. 1-1-20 .)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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