Illinois General Assembly - Full Text of HB1103
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Full Text of HB1103  102nd General Assembly

HB1103eng 102ND GENERAL ASSEMBLY



 


 
HB1103 EngrossedLRB102 03117 RLC 13130 b

1    AN ACT concerning criminal law.
 
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
9exempt from 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
19    records 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
21    local emergency energy plan ordinance that is adopted
22    under 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
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior 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    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

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1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

HB1103 Engrossed- 5 -LRB102 03117 RLC 13130 b

1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

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1    decision of abuse, neglect, or financial exploitation of
2    an eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

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1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day
6    and temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session
20    prohibited from disclosure under the First Responders
21    Suicide Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

HB1103 Engrossed- 8 -LRB102 03117 RLC 13130 b

1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

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1        (bbb) (ccc) Information that is prohibited from
2    disclosure by the Illinois Police Training Act and the
3    Illinois State Police Act.
4        (ccc) (ddd) Records exempt from disclosure under
5    Section 2605-304 of the Illinois Department of State
6    Police Law of the Civil Administrative Code of Illinois.
7        (ddd) (bbb) Information prohibited from being
8    disclosed under Section 35 of the Address Confidentiality
9    for Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) (ddd) Information prohibited from being
12    disclosed under subsection (b) of Section 75 of the
13    Domestic Violence Fatality Review Act.
14        (fff) Information that is exempt from disclosure under
15    the Expressway Camera Act.
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
23102-559, eff. 8-20-21; revised 10-5-21.)
 
24    Section 10. The Illinois Criminal Justice Information Act
25is amended by adding Section 7.10 as follows:
 

 

 

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1    (20 ILCS 3930/7.10 new)
2    Sec. 7.10. Pilot program; residential security camera
3footage incentive.
4    (a) In this Section, "Residential security camera" means
5any electronic device set in a fixed position outside of a
6dwelling place that is capable of recording or transmitting
7video or audio.
8    (b) Subject to appropriation, the Authority shall
9establish a pilot program to award $100 to any individual who
10supplies video or audio footage from the individual's
11residential security camera that materially contributes to a
12criminal conviction. The Authority shall distribute the award
13to the law enforcement agency investigating or the State's
14Attorney prosecuting the crime, who shall pay the individual
15directly. To be eligible for an award under the pilot program,
16the State's Attorney that prosecuted the offender must certify
17to the Authority that (i) the individual supplied video or
18audio footage from the individual's residential security
19camera and (ii) the video or audio footage supplied by the
20individual materially contributed to the criminal conviction
21of an offender. The video and audio footage shall be subject to
22the Protecting Household Privacy Act. The pilot program shall
23terminate after a total of $1,000,000 has been awarded under
24the pilot program. The Authority may adopt rules to implement
25and administer the pilot program.

 

 

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1    (c) The Authority shall also collect data regarding the
2pilot program, including, but not limited to:
3        (1) the number of instances in which camera-captured
4    information was provided to police;
5        (2) a geographic breakdown of where camera-captured
6    information originated;
7        (3) the number of instances in which camera-captured
8    information was used as evidence in a judicial proceeding
9    or trial;
10        (4) the number of times the $100 award was paid to any
11    individual under the pilot program; and
12        (5) the instances in which camera-captured information
13    led to a successful conviction.
14    (d) This Section is repealed on July 1, 2025.
 
15    Section 15. The Expressway Camera Act is amended by
16changing Section 5 as follows:
 
17    (605 ILCS 140/5)
18    (Section scheduled to be repealed on July 1, 2023)
19    Sec. 5. Camera program.
20    (a) The Illinois State Police, the Illinois Department of
21Transportation, and the Illinois State Toll Highway Authority
22shall work together to conduct a program to increase the
23amount of cameras along expressways and the State highway
24system in the counties of Boone, Bureau, Champaign, Cook,

 

 

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1DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
2Macon, Madison, McHenry, Morgan, Peoria, Rock Island,
3Sangamon, St. Clair, Will, and Winnebago Cook County.
4    (b) Images from the cameras may be used by any authorized
5municipal police department, county sheriff's office, State
6Police officer, or other law enforcement agency with
7jurisdiction over the expressway in Cook County in the
8investigation of any forcible felony, including, but not
9limited to, offenses offense involving the use of a firearm;
10and to detect expressway hazards and highway conditions; and
11to facilitate highway safety and incident management. Images
12from the cameras shall not be used to enforce petty offenses.
13Images from the cameras may be used by any law enforcement
14agency conducting an active law enforcement investigation.
15Images from the cameras are exempt from disclosure under the
16Freedom of Information Act. All images from the cameras must
17be deleted within 180 days, unless the images are relevant to
18an ongoing investigation or pending criminal trial. Cameras
19shall not be used to monitor individuals or groups in a
20discriminatory manner contrary to applicable State or federal
21law.
22    (b-5) Each law enforcement agency shall report statistics
23to the Illinois Criminal Justice Information Authority. No
24later than June 30, 2023, the Illinois Criminal Justice
25Information Authority shall issue a report concerning the
26instances in which camera-captured information lead to a

 

 

HB1103 Engrossed- 13 -LRB102 03117 RLC 13130 b

1successful conviction.
2    (c) Subject to appropriation, any funds needed to conduct
3the program for use on expressways under the jurisdiction of
4the Department of Transportation shall be taken from the Road
5Fund and shall be included in requests for qualification
6processes. Any funds needed to conduct the program for use on
7expressways under the jurisdiction of the Illinois State Toll
8Highway Authority shall be paid for by funds from the Illinois
9State Tollway Highway Authority and shall be included in
10requests for qualification processes.
11    (c-5) Any forcible felony, gunrunning, or firearms
12trafficking offense, as defined in Section 2-8, 24-3a, or
1324-3b of the Criminal Code of 2012, respectively, committed on
14an expressway monitored by a camera system funded by money
15from the Road Fund and investigated by officers of the
16Illinois State Police may be prosecuted by the Attorney
17General or the State's Attorney where the offense was
18committed.
19    (d) As used in this Section, "expressway" has the meaning
20provided in Section 1-119.3 of the Illinois Vehicle Code.
21(Source: P.A. 101-42, eff. 1-1-20.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.