Rep. Ann M. Williams

Filed: 3/22/2023

 

 


 

 


 
10300HB3326ham002LRB103 30785 MXP 59899 a

1
AMENDMENT TO HOUSE BILL 3326

2    AMENDMENT NO. ______. Amend House Bill 3326 by replacing
3line 3 on page 32 through line 3 on page 34 with the following:
 
4    "(625 ILCS 5/2-130 new)
5    Sec. 2-130. User of automated license plate readers;
6prohibitions.
7    (a) In this Section:
8    "Automated license plate reader" or "ALPR" means an
9electronic device mounted on a law enforcement vehicle or
10positioned in a stationary location that is capable of
11recording data on or taking a photograph of a vehicle or its
12license plate and comparing the collected data and photographs
13to existing law enforcement databases for investigative
14purposes. "Automated license plate reader" or "ALPR" includes
15a device that is owned or operated by a person who is not a
16government entity to the extent that data collected by the
17reader is shared with a law enforcement agency.

 

 

10300HB3326ham002- 2 -LRB103 30785 MXP 59899 a

1    "Facial recognition technology" means the capture of any
2image of a person's face or facial features and the subsequent
3use of technology to compare the face or facial features to any
4database for the purposes of identity proofing or
5identification.
6    (b) An ALPR user shall not sell ALPR information under any
7circumstance.
8    (c) An ALPR user shall not share or transfer ALPR
9information, except to a local law enforcement agency; a law
10enforcement agency of this State; the federal government; an
11organization established to detect or prevent insurance crime
12or fraud, such as those recognized under subsection (2) of
13Section 155.23 of the Illinois Insurance Code; or a state
14other than Illinois but only in compliance with subsection
15(d).
16    (d) An ALPR user shall not share or transfer ALPR
17information to any state for the purpose of investigating or
18enforcing a law that:
19        (1) denies or interferes with a woman's right to
20    choose or obtain an abortion;
21        (2) criminalizes a person's undocumented immigration
22    status; or
23        (3) denies or interferes with any person's health care
24    that is lawful under the laws of the State.
25    (e) Any law enforcement agency using ALPR systems shall
26require out-of-state law enforcement agencies to acknowledge

 

 

10300HB3326ham002- 3 -LRB103 30785 MXP 59899 a

1that any shared ALPR images or data generated in the State will
2not be used in a manner that violates subsection (d) by
3executing a written declaration before using that data.
4    (f) ALPR information shall be deleted within 30 days,
5unless the information is relevant to an ongoing investigation
6or pending criminal trial. However, the Illinois State Police
7may retain ALPR information for a period not to exceed 90 days,
8except that the information may be retained for more than 90
9days if the information is relevant to an ongoing
10investigation or pending criminal trial.
11    (g) ALPR information shall be held confidentially to the
12fullest extent permitted by law and an ALPR suer shall not
13sell, share, or transfer ALPR information for any commercial
14purpose and shall not disclose ALPR information to any entity
15for the purposes of public disclosure.
16    (h) An ALPR shall not use facial recognition technology.".