Sen. Terry Link

Filed: 3/12/2008

 

 


 

 


 
09500SB2400sam001 LRB095 19768 MJR 48275 a

1
AMENDMENT TO SENATE BILL 2400

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

 

 

09500SB2400sam001 - 2 - LRB095 19768 MJR 48275 a

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

 

 

09500SB2400sam001 - 3 - LRB095 19768 MJR 48275 a

1     information pursuant to a valid warrant or subpoena issued
2     by a court of competent jurisdiction."; and
 
3 by replacing line 26 on page 5 through line 1 on page 6 with the
4 following:
5         "(3) the disclosure or redisclosure is required by
6     State or federal law; or"; and
 
7 by replacing line 5 on page 7 through line 4 on page 8 with the
8 following:
 
9     "Section 20. Right of action. Any person aggrieved by a
10 violation of this Act shall have a right of action in a State
11 circuit court or as a supplemental claim in federal district
12 court against an offending party. A prevailing party may
13 recover for each violation:
14         (1) against any public agency or private entity that
15     negligently violates a provision of this Act, liquidated
16     damages of $1,000 or actual damages, whichever is greater;
17         (2) against any public agency or private entity that
18     intentionally or recklessly violates a provision of this
19     Act, liquidated damages of $5,000 or actual damages,
20     whichever is greater;
21         (3) reasonable attorneys' fees and costs, including
22     expert witness fees and other litigation expenses; and
23         (4) other relief, including an injunction, as the State

 

 

09500SB2400sam001 - 4 - LRB095 19768 MJR 48275 a

1     or federal court may deem appropriate.".