Rep. Barbara Flynn Currie
Filed: 4/22/2015
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1 | AMENDMENT TO HOUSE BILL 3932
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2 | AMENDMENT NO. ______. Amend House Bill 3932, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Private College Campus Police Act is | ||||||
6 | amended by adding Section 1.5 as follows: | ||||||
7 | (110 ILCS 1020/1.5 new) | ||||||
8 | Sec. 1.5. Records. | ||||||
9 | (a) Information and records in the custody or possession of | ||||||
10 | a campus police department subject to this Act shall be open to | ||||||
11 | inspection or copying as described in this Section to the | ||||||
12 | extent the information and records relate to the members of the | ||||||
13 | campus police department's exercise of the powers of municipal | ||||||
14 | peace officers or county sheriffs, as provided in Section 1 of | ||||||
15 | this Act. | ||||||
16 | (b) The following records are subject to inspection and |
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1 | copying under subsection (a) of this Section: | ||||||
2 | (1) traffic stop and field contact information, | ||||||
3 | including, but not limited to, date, time, location, reason | ||||||
4 | for the stop, whether a search was conducted, disposition, | ||||||
5 | and race and gender of the person stopped; | ||||||
6 | (2) department directives; | ||||||
7 | (3) daily crime log information for all crimes reported | ||||||
8 | to the campus police department that is maintained pursuant | ||||||
9 | to the federal Jeanne Clery Disclosure of Campus Security | ||||||
10 | Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) | ||||||
11 | and its implementing regulations, including, but not | ||||||
12 | limited to, the date the crime was reported, the date and | ||||||
13 | time the crime occurred, the nature and location of the | ||||||
14 | crime, and the disposition of the complaint, if known; | ||||||
15 | (4) arrest report information, including, but not | ||||||
16 | limited to, information that identifies the arrestee, when | ||||||
17 | and if available, information detailing any charges | ||||||
18 | relating to the arrest, the time and location of the | ||||||
19 | arrest, the name of the investigating or arresting law | ||||||
20 | enforcement agency, if the individual is detained, the | ||||||
21 | amount of any bail or bond, and the time and date that the | ||||||
22 | individual was received into, discharged from, or | ||||||
23 | transferred from the arresting agency's custody; | ||||||
24 | (5) broadcast radio communications between or among | ||||||
25 | officers and dispatchers of the campus police department | ||||||
26 | concerning traffic stops, field contacts, and arrests; and |
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1 | (6) crime data and statistics that are required to be | ||||||
2 | reported pursuant to the federal Jeanne Clery Disclosure of | ||||||
3 | Campus Security Policy and Campus Crime Statistics Act. | ||||||
4 | (c) The following records are not subject to inspection and | ||||||
5 | copying under subsection (a) of this Section: | ||||||
6 | (1) records that are in the custody or possession of a | ||||||
7 | campus police department that do not pertain to the | ||||||
8 | exercise of power of a municipal peace officer or county | ||||||
9 | sheriff; | ||||||
10 | (2) records regarding employment matters, including | ||||||
11 | grievances and disciplinary matters, unless such records | ||||||
12 | relate to cases in which a member of the campus police | ||||||
13 | department's exercise of the powers of a municipal peace | ||||||
14 | officer or a county sheriff results in the imposition of | ||||||
15 | discipline; however, nothing in this subdivision (2) shall | ||||||
16 | be construed to limit, alter, or modify any of the terms, | ||||||
17 | conditions, or provisions of a collective bargaining | ||||||
18 | agreement existing on the effective date of this amendatory | ||||||
19 | Act of the 99th General Assembly, and nothing in this | ||||||
20 | subdivision (2) precludes a private college or private | ||||||
21 | university and the exclusive bargaining representative | ||||||
22 | from agreeing to and implementing this subdivision (2) | ||||||
23 | prior to the termination of the existing collective | ||||||
24 | bargaining agreement; | ||||||
25 | (3) records regarding labor contract negotiations; | ||||||
26 | (4) wage information; |
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1 | (5) information about insurance; | ||||||
2 | (6) records relating to all ongoing investigations or | ||||||
3 | security threats the disclosure of which would jeopardize | ||||||
4 | public safety; | ||||||
5 | (7) records relating to students and related | ||||||
6 | disciplinary proceedings and actions, including, but not | ||||||
7 | limited to, those prohibited by the federal Family | ||||||
8 | Educational Rights and Privacy Act of 1974 and the Illinois | ||||||
9 | Health Insurance Portability and Accountability Act; | ||||||
10 | (8) arrest records protected by the Juvenile Court Act | ||||||
11 | of 1987; | ||||||
12 | (9) records relating to campus building access; | ||||||
13 | (10) records, tapes, and other digital media from | ||||||
14 | campus security cameras; | ||||||
15 | (11) non-criminal campus incident reports; and | ||||||
16 | (12) documents exempted from or not subject to the | ||||||
17 | Freedom of Information Act. | ||||||
18 | (d) A person may request records as described in this | ||||||
19 | Section, and a campus police department shall make records | ||||||
20 | available for public inspection. No fees shall be charged for | ||||||
21 | the first 50 pages of black and white, letter or legal-sized | ||||||
22 | copies. The fee for black and white, letter or legal-sized | ||||||
23 | copies shall not exceed 15 cents per page; for color copies or | ||||||
24 | copies of other sizes, the campus police department may charge | ||||||
25 | up to its actual cost for reproducing the records. A campus | ||||||
26 | police department is not required to copy a record that is |
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1 | published on the department's, college's, or university's | ||||||
2 | Internet website. The campus police department shall notify the | ||||||
3 | requester that the record is available online and direct the | ||||||
4 | requester to the website where the record can be reasonably | ||||||
5 | accessed. | ||||||
6 | (e) Each campus police department shall designate one or | ||||||
7 | more employees to receive requests submitted to the campus | ||||||
8 | police department pursuant to subsection (a) of this Section | ||||||
9 | and ensure that the campus police department responds to | ||||||
10 | requests within 5 business days, or a different period of time | ||||||
11 | if agreed to by the requester and the campus police department. | ||||||
12 | The campus police department may notify a requester that the | ||||||
13 | department requires an additional 5 business days to respond to | ||||||
14 | requests. | ||||||
15 | (f) Each campus police department that maintains an | ||||||
16 | Internet website shall post on its website a brief description | ||||||
17 | of the methods whereby the public may request information and | ||||||
18 | records. If the campus police department does not maintain a | ||||||
19 | website, such information shall be prominently displayed in its | ||||||
20 | offices and made available for inspection and copying. A campus | ||||||
21 | police department may train employees regarding compliance | ||||||
22 | with this Act by using the training program made available by | ||||||
23 | the Office of the Attorney General Public Access Counselor. | ||||||
24 | (g) When a request is made to inspect or copy a record that | ||||||
25 | contains information that would be exempt from disclosure under | ||||||
26 | the Freedom of Information Act (including, but not limited to, |
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1 | exemptions listed in Sections 2.15 and 7 of the Freedom of | ||||||
2 | Information Act), the campus police department may redact the | ||||||
3 | information subject to the exemptions. | ||||||
4 | (h) Any person denied access to any record required to be | ||||||
5 | publicly available under subsection (a) of this Section by a | ||||||
6 | campus police department may file a request for review with the | ||||||
7 | Public Access Counselor not later than 60 days after the date | ||||||
8 | of the denial. The request for review must be in writing, | ||||||
9 | signed by the requester, and include (i) a copy of the request | ||||||
10 | for access to records and (ii) any responses from the campus | ||||||
11 | police department. | ||||||
12 | (i) Upon receipt of a request for review, the Public Access | ||||||
13 | Counselor shall determine whether further action is warranted. | ||||||
14 | If the Public Access Counselor determines that the alleged | ||||||
15 | violation is unfounded, he or she shall so advise the requester | ||||||
16 | and the campus police department, and no further action shall | ||||||
17 | be undertaken. Unless the Public Access Counselor extends the | ||||||
18 | time by no more than 30 business days by sending written notice | ||||||
19 | to the requester and the campus police department that includes | ||||||
20 | a statement of the reasons for the extension in the notice or | ||||||
21 | decides to address the matter without the issuance of a binding | ||||||
22 | opinion, the Attorney General shall examine the issues and the | ||||||
23 | records, shall make findings of fact and conclusions of law, | ||||||
24 | and shall issue to the requester and the campus police | ||||||
25 | department an opinion in response to the request for review | ||||||
26 | within 60 days after its receipt. The opinion shall be binding |
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1 | upon both the requester and the campus police department, | ||||||
2 | subject to review in circuit court. In responding to any | ||||||
3 | request under this Section, the Attorney General may exercise | ||||||
4 | his or her discretion and choose to resolve a request for | ||||||
5 | review by mediation or by a means other than the issuance of a | ||||||
6 | binding opinion. The decision not to issue a binding opinion | ||||||
7 | shall not be reviewable. Upon receipt of a binding opinion | ||||||
8 | concluding that a violation of this Section has occurred, the | ||||||
9 | campus police department shall either take necessary action | ||||||
10 | immediately to comply with the directive of the opinion or | ||||||
11 | shall initiate review proceedings. A binding opinion granting | ||||||
12 | or denying in whole or part the request shall be subject to | ||||||
13 | review in the circuit court of Cook or Sangamon County. ".
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