Sen. Sara Feigenholtz

Filed: 5/16/2023

 

 


 

 


 
10300HB3326sam001LRB103 30785 MXP 61714 a

1
AMENDMENT TO HOUSE BILL 3326

2    AMENDMENT NO. ______. Amend House Bill 3326 by replacing
3line 3 on page 32 through line 18 on page 34 with the
4following:
 
5    "(625 ILCS 5/2-130 new)
6    Sec. 2-130. User of automated license plate readers;
7prohibitions.
8    (a) As used in this Section:
9    "Automated license plate reader" or "ALPR" means an
10electronic device that is mounted on a law enforcement vehicle
11or positioned in a stationary location and that is capable of
12recording data on or taking a photograph of a vehicle or its
13license plate and comparing the collected data and photographs
14to existing law enforcement databases for investigative
15purposes. "ALPR" includes a device that is owned or operated
16by a person or an entity other than a law enforcement agency to
17the extent that data collected by the reader is shared with a

 

 

10300HB3326sam001- 2 -LRB103 30785 MXP 61714 a

1law enforcement agency.
2    "ALPR information" means information gathered by an ALPR
3or created from the analysis of data generated by an ALPR.
4    "ALPR systems" means multi-agency or vendor agreements
5that allow the sharing of ALPR information collected in
6Illinois.
7    "ALPR user" means a person or entity that owns or operates
8an ALPR device.
9    "Law enforcement agency" means a State or local agency,
10unit of local government, or private entity charged with the
11enforcement of State, county, or municipal laws or with
12managing custody of detained persons in any state or
13jurisdiction.
14    (b) An ALPR user shall not sell, share, allow access to, or
15transfer ALPR information to any state or local jurisdiction
16for the purpose of investigating or enforcing a law that:
17        (1) denies or interferes with a person's right to
18    choose or obtain reproductive health care services or any
19    lawful health care services as defined by the Lawful
20    Health Care Activity Act; or
21        (2) permits the detention or investigation of a person
22    based on the person's immigration status.
23    (c) Any ALPR user in this State, including any law
24enforcement agency of this State that uses ALPR systems, shall
25not share ALPR information with an out-of-state law
26enforcement agency without first obtaining a written

 

 

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1declaration from the out-of-state law enforcement agency that
2it expressly affirms that ALPR information obtained shall not
3be used in a manner that violates subsection (b). If a written
4declaration of affirmation is not executed, the law
5enforcement agency shall not share the ALPR information with
6the out-of-state law enforcement agency.
7    (d) ALPR information shall be held confidentially to the
8fullest extent permitted by law.
9    (e) Nothing in this Act shall define or limit any rights
10under the Reproductive Health Act.
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.".