Illinois General Assembly - Full Text of HB5627
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Full Text of HB5627  101st General Assembly

HB5627 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5627

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
605 ILCS 140/5

    Amends the Expressway Camera Act. Provides that images and recorded images are not subject to disclosure under the Freedom of Information Act. Makes a corresponding change in the Freedom of Information Act.


LRB101 20303 HEP 69846 b

 

 

A BILL FOR

 

HB5627LRB101 20303 HEP 69846 b

1    AN ACT concerning law enforcement.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from 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 records
19    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 local
21    emergency energy plan ordinance that is adopted under
22    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 Capital
15    Crimes Litigation Act. This subsection (n) shall apply
16    until the conclusion of the trial of the case, even if the
17    prosecution chooses not to pursue the death penalty prior
18    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    Regional Transportation Authority under Section 2.11 of
26    the Regional Transportation Authority Act or the St. Clair

 

 

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1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained in,
11    stored in, submitted to, transferred by, or released from
12    the Illinois Health Information Exchange, and identified
13    or deidentified health information in the form of health
14    data and medical records of the Illinois Health Information
15    Exchange in the possession of the Illinois Health
16    Information Exchange Authority due to its administration
17    of the Illinois Health Information Exchange. The terms
18    "identified" and "deidentified" shall be given the same
19    meaning as in the Health Insurance Portability and
20    Accountability Act of 1996, Public Law 104-191, or any
21    subsequent amendments thereto, and any regulations
22    promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) Information which is exempted from disclosure
22    under Section 2505-800 of the Department of Revenue Law of
23    the Civil Administrative Code of Illinois.
24        (jj) Information and reports that are required to be
25    submitted to the Department of Labor by registering day and
26    temporary labor service agencies but are exempt from

 

 

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1    disclosure under subsection (a-1) of Section 45 of the Day
2    and Temporary Labor Services Act.
3        (kk) Information prohibited from disclosure under the
4    Seizure and Forfeiture Reporting Act.
5        (ll) Information the disclosure of which is restricted
6    and exempted under Section 5-30.8 of the Illinois Public
7    Aid Code.
8        (mm) Records that are exempt from disclosure under
9    Section 4.2 of the Crime Victims Compensation Act.
10        (nn) Information that is exempt from disclosure under
11    Section 70 of the Higher Education Student Assistance Act.
12        (oo) Communications, notes, records, and reports
13    arising out of a peer support counseling session prohibited
14    from disclosure under the First Responders Suicide
15    Prevention Act.
16        (pp) Names and all identifying information relating to
17    an employee of an emergency services provider or law
18    enforcement agency under the First Responders Suicide
19    Prevention Act.
20        (qq) Information and records held by the Department of
21    Public Health and its authorized representatives collected
22    under the Reproductive Health Act.
23        (rr) Information that is exempt from disclosure under
24    the Cannabis Regulation and Tax Act.
25        (ss) Data reported by an employer to the Department of
26    Human Rights pursuant to Section 2-108 of the Illinois

 

 

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1    Human Rights Act.
2        (tt) Recordings made under the Children's Advocacy
3    Center Act, except to the extent authorized under that Act.
4        (uu) Information that is exempt from disclosure under
5    Section 50 of the Sexual Assault Evidence Submission Act.
6        (vv) Information that is exempt from disclosure under
7    subsections (f) and (j) of Section 5-36 of the Illinois
8    Public Aid Code.
9        (ww) Information that is exempt from disclosure under
10    Section 16.8 of the State Treasurer Act.
11        (xx) Information that is exempt from disclosure or
12    information that shall not be made public under the
13    Illinois Insurance Code.
14        (yy) (oo) Information prohibited from being disclosed
15    under the Illinois Educational Labor Relations Act.
16        (zz) (pp) Information prohibited from being disclosed
17    under the Illinois Public Labor Relations Act.
18        (aaa) (qq) Information prohibited from being disclosed
19    under Section 1-167 of the Illinois Pension Code.
20        (bbb) Information exempt from disclosure under the
21    Expressway Camera Act.
22(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
23100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
248-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
25eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
26100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

 

 

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16-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
2eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
3101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
41-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
51-6-20.)
 
6    Section 10. The Expressway Camera Act is amended by
7changing Section 5 as follows:
 
8    (605 ILCS 140/5)
9    (Section scheduled to be repealed on July 1, 2023)
10    Sec. 5. Camera program.
11    (a) The Illinois State Police, the Illinois Department of
12Transportation, and the Illinois State Toll Highway Authority
13shall work together to conduct a program to increase the amount
14of cameras along expressways in Cook County.
15    (b) Images from the cameras may be used by any municipal
16police department, county sheriff's office, State Police
17officer, or other law enforcement agency with jurisdiction over
18the expressway in Cook County in the investigation of any
19offense involving the use of a firearm and to detect expressway
20hazards. Images from the cameras shall not be used to enforce
21petty offenses.
22    (c) Subject to appropriation, any funds needed to conduct
23the program for use on expressways under the jurisdiction of
24the Department of Transportation shall be taken from the Road

 

 

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1Fund.
2    (d) As used in this Section, "expressway" has the meaning
3provided in Section 1-119.3 of the Illinois Vehicle Code.
4    (e) Images and recorded images are not subject to
5disclosure under the Freedom of Information Act.
6(Source: P.A. 101-42, eff. 1-1-20.)