Full Text of HB3932 99th General Assembly
HB3932ham003 99TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 4/22/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3932
| 2 | | AMENDMENT NO. ______. Amend House Bill 3932, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 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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