Full Text of SB0530 101st General Assembly
SB0530sam001 101ST GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/4/2019
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| 1 | | AMENDMENT TO SENATE BILL 530
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 530 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Automated License Plate Recognition System Data Act. | 6 | | Section 5. Definitions. For the purpose of this Act:
| 7 | | "ALPR system data" means data packets representing | 8 | | interpretation by ALPR systems of recorded vehicle license | 9 | | plates affixed to vehicles in the field of view of ALPR system | 10 | | cameras, with associated global positioning system | 11 | | coordinates, and time and date stamps associated with the | 12 | | recording of the data. | 13 | | "Automated license plate recognition system" or "ALPR | 14 | | system" means a system of one or more mobile, portable, or | 15 | | fixed video cameras using computer algorithms to convert images | 16 | | of license plates into automated computer-recognized |
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| 1 | | searchable alphanumeric data, including associated servers, | 2 | | data normalization technologies, and similar technologies. | 3 | | "Historical ALPR system data" means data recorded by ALPR | 4 | | systems that are stored in an authorized ALPR system platform. | 5 | | "Law enforcement agency" means an agency of this State, | 6 | | another state within the United States, a unit of local | 7 | | government, or a political subdivision of any of the preceding, | 8 | | that is vested by law or ordinance with the duty to maintain | 9 | | public order or to enforce criminal laws and ordinances. | 10 | | "Legitimate law enforcement purpose" means for the purpose | 11 | | of the investigation of a criminal offense or violation of a | 12 | | federal, State, or local law or ordinance by a law enforcement | 13 | | agency. | 14 | | "Secured area" means an area, enclosed by clear boundaries, | 15 | | to which access is limited and not open to the public and entry | 16 | | is obtainable only through specific access-control points. | 17 | | Section 10. ALPR system data and historical ALPR system | 18 | | data protections.
| 19 | | (a) A law enforcement agency may use recorded ALPR system | 20 | | data and historical ALPR system data only for a legitimate law | 21 | | enforcement purpose. ALPR system data collected by law | 22 | | enforcement and historical ALPR system data collected by law | 23 | | enforcement may not be used, shared, sold, traded, or exchanged | 24 | | for any other purpose. | 25 | | (b) ALPR system data and historical ALPR system data shall |
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| 1 | | be considered and treated by a law enforcement agency as | 2 | | sensitive data, but the data is not in the same category as | 3 | | personally identifying information. | 4 | | (c) ALPR system data and historical ALPR system data are | 5 | | not subject to disclosure under the Freedom of Information Act. | 6 | | (d) This Act does not apply to automated license plate | 7 | | recognition systems or similar systems: | 8 | | (1) used for electronic toll collection and | 9 | | enforcement; | 10 | | (2) used in government buildings and other locations | 11 | | for security purposes or controlling access to a secured | 12 | | area; | 13 | | (3) used for private sector activities; or | 14 | | (4) used for any purpose for which motor vehicle | 15 | | registration data may be accessed under 18 U.S.C. 2721. | 16 | | Section 15. Use and privacy policy.
Any law enforcement | 17 | | agency that uses automated license plate recognition systems | 18 | | shall:
| 19 | | (1) adopt a policy governing use of the system; | 20 | | (2) adopt a privacy policy to ensure strict access and | 21 | | control of the data so that ALPR system data and historical | 22 | | ALPR system data are not used or shared in violation of | 23 | | this Act; | 24 | | (3) adopt audit procedures relating to use of ALPR | 25 | | system data and historical ALPR system data; and |
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| 1 | | (4) adopt and periodically update a comprehensive | 2 | | training program, for agency employees who use or have | 3 | | access to ALPR system data and historical ALPR system data, | 4 | | that fully trains the employees on safeguards in use of | 5 | | ALPR system data or historical ALPR system data and | 6 | | procedures to adhere to policies and procedures governing | 7 | | use of ALPR system data or historical ALPR system data.
| 8 | | Section 20. ALPR system data retention. A State or local | 9 | | law enforcement agency may retain ALPR system data for 5 years. | 10 | | After 5 years, the State or local law enforcement agency must | 11 | | create an internal record showing why data older than 5 years | 12 | | was accessed, and attach a case name and number, the name of | 13 | | the officer that accessed the data, the date, and an | 14 | | explanation for why the data was accessed. | 15 | | Section 25. Admissibility. If a court finds by a | 16 | | preponderance of the evidence that ALPR system data or | 17 | | historical ALPR system data was gathered, stored, used, or | 18 | | disclosed in violation of this Act, then that information shall | 19 | | be presumed to be inadmissible in any judicial or | 20 | | administrative proceeding. The party seeking admission of the | 21 | | ALPR system data or historical ALPR system data may overcome | 22 | | this presumption by proving the applicability of a judicially | 23 | | recognized exception to the exclusionary rule of the Fourth | 24 | | Amendment to the United States Constitution or Section 6 of |
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| 1 | | Article I of the Illinois Constitution or by a preponderance of | 2 | | the evidence that the law enforcement agency was acting in good | 3 | | faith and reasonably believed that one or more of the | 4 | | exceptions existed at the time that the ALPR system data or | 5 | | historical ALPR system data was gathered, stored, used, or | 6 | | disclosed. | 7 | | Section 30. Home rule and other local regulation. Any home | 8 | | rule unit of local government, any non-home rule municipality, | 9 | | or any non-home rule county within the unincorporated territory | 10 | | of the county may regulate law enforcement agency owned | 11 | | automated license plate recognition systems and the use of ALPR | 12 | | system data collected by law enforcement and historical ALPR | 13 | | system data collected by law enforcement, but that regulation | 14 | | must be no less restrictive than this Act. This Section is a | 15 | | limitation on the concurrent exercise of home rule power under | 16 | | subsection (i) of Section 6 of Article VII of the Illinois | 17 | | Constitution. | 18 | | Section 100. The Freedom of Information Act is amended by | 19 | | changing Section 7.5 as follows: | 20 | | (5 ILCS 140/7.5) | 21 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 22 | | by the statutes referenced below, the following shall be exempt | 23 | | from inspection and copying: |
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| 1 | | (a) All information determined to be confidential | 2 | | under Section 4002 of the Technology Advancement and | 3 | | Development Act. | 4 | | (b) Library circulation and order records identifying | 5 | | library users with specific materials under the Library | 6 | | Records Confidentiality Act. | 7 | | (c) Applications, related documents, and medical | 8 | | records received by the Experimental Organ Transplantation | 9 | | Procedures Board and any and all documents or other records | 10 | | prepared by the Experimental Organ Transplantation | 11 | | Procedures Board or its staff relating to applications it | 12 | | has received. | 13 | | (d) Information and records held by the Department of | 14 | | Public Health and its authorized representatives relating | 15 | | to known or suspected cases of sexually transmissible | 16 | | disease or any information the disclosure of which is | 17 | | restricted under the Illinois Sexually Transmissible | 18 | | Disease Control Act. | 19 | | (e) Information the disclosure of which is exempted | 20 | | under Section 30 of the Radon Industry Licensing Act. | 21 | | (f) Firm performance evaluations under Section 55 of | 22 | | the Architectural, Engineering, and Land Surveying | 23 | | Qualifications Based Selection Act. | 24 | | (g) Information the disclosure of which is restricted | 25 | | and exempted under Section 50 of the Illinois Prepaid | 26 | | Tuition Act. |
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| 1 | | (h) Information the disclosure of which is exempted | 2 | | under the State Officials and Employees Ethics Act, and | 3 | | records of any lawfully created State or local inspector | 4 | | general's office that would be exempt if created or | 5 | | obtained by an Executive Inspector General's office under | 6 | | that Act. | 7 | | (i) Information contained in a local emergency energy | 8 | | plan submitted to a municipality in accordance with a local | 9 | | emergency energy plan ordinance that is adopted under | 10 | | Section 11-21.5-5 of the Illinois Municipal Code. | 11 | | (j) Information and data concerning the distribution | 12 | | of surcharge moneys collected and remitted by carriers | 13 | | under the Emergency Telephone System Act. | 14 | | (k) Law enforcement officer identification information | 15 | | or driver identification information compiled by a law | 16 | | enforcement agency or the Department of Transportation | 17 | | under Section 11-212 of the Illinois Vehicle Code. | 18 | | (l) Records and information provided to a residential | 19 | | health care facility resident sexual assault and death | 20 | | review team or the Executive Council under the Abuse | 21 | | Prevention Review Team Act. | 22 | | (m) Information provided to the predatory lending | 23 | | database created pursuant to Article 3 of the Residential | 24 | | Real Property Disclosure Act, except to the extent | 25 | | authorized under that Article. | 26 | | (n) Defense budgets and petitions for certification of |
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| 1 | | compensation and expenses for court appointed trial | 2 | | counsel as provided under Sections 10 and 15 of the Capital | 3 | | Crimes Litigation Act. This subsection (n) shall apply | 4 | | until the conclusion of the trial of the case, even if the | 5 | | prosecution chooses not to pursue the death penalty prior | 6 | | to trial or sentencing. | 7 | | (o) Information that is prohibited from being | 8 | | disclosed under Section 4 of the Illinois Health and | 9 | | Hazardous Substances Registry Act. | 10 | | (p) Security portions of system safety program plans, | 11 | | investigation reports, surveys, schedules, lists, data, or | 12 | | information compiled, collected, or prepared by or for the | 13 | | Regional Transportation Authority under Section 2.11 of | 14 | | the Regional Transportation Authority Act or the St. Clair | 15 | | County Transit District under the Bi-State Transit Safety | 16 | | Act. | 17 | | (q) Information prohibited from being disclosed by the | 18 | | Personnel Record Records Review Act. | 19 | | (r) Information prohibited from being disclosed by the | 20 | | Illinois School Student Records Act. | 21 | | (s) Information the disclosure of which is restricted | 22 | | under Section 5-108 of the Public Utilities Act.
| 23 | | (t) All identified or deidentified health information | 24 | | in the form of health data or medical records contained in, | 25 | | stored in, submitted to, transferred by, or released from | 26 | | the Illinois Health Information Exchange, and identified |
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| 1 | | or deidentified health information in the form of health | 2 | | data and medical records of the Illinois Health Information | 3 | | Exchange in the possession of the Illinois Health | 4 | | Information Exchange Authority due to its administration | 5 | | of the Illinois Health Information Exchange. The terms | 6 | | "identified" and "deidentified" shall be given the same | 7 | | meaning as in the Health Insurance Portability and | 8 | | Accountability Act of 1996, Public Law 104-191, or any | 9 | | subsequent amendments thereto, and any regulations | 10 | | promulgated thereunder. | 11 | | (u) Records and information provided to an independent | 12 | | team of experts under the Developmental Disability and | 13 | | Mental Health Safety Act (also known as Brian's Law ) . | 14 | | (v) Names and information of people who have applied | 15 | | for or received Firearm Owner's Identification Cards under | 16 | | the Firearm Owners Identification Card Act or applied for | 17 | | or received a concealed carry license under the Firearm | 18 | | Concealed Carry Act, unless otherwise authorized by the | 19 | | Firearm Concealed Carry Act; and databases under the | 20 | | Firearm Concealed Carry Act, records of the Concealed Carry | 21 | | Licensing Review Board under the Firearm Concealed Carry | 22 | | Act, and law enforcement agency objections under the | 23 | | Firearm Concealed Carry Act. | 24 | | (w) Personally identifiable information which is | 25 | | exempted from disclosure under subsection (g) of Section | 26 | | 19.1 of the Toll Highway Act. |
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| 1 | | (x) Information which is exempted from disclosure | 2 | | under Section 5-1014.3 of the Counties Code or Section | 3 | | 8-11-21 of the Illinois Municipal Code. | 4 | | (y) Confidential information under the Adult | 5 | | Protective Services Act and its predecessor enabling | 6 | | statute, the Elder Abuse and Neglect Act, including | 7 | | information about the identity and administrative finding | 8 | | against any caregiver of a verified and substantiated | 9 | | decision of abuse, neglect, or financial exploitation of an | 10 | | eligible adult maintained in the Registry established | 11 | | under Section 7.5 of the Adult Protective Services Act. | 12 | | (z) Records and information provided to a fatality | 13 | | review team or the Illinois Fatality Review Team Advisory | 14 | | Council under Section 15 of the Adult Protective Services | 15 | | Act. | 16 | | (aa) Information which is exempted from disclosure | 17 | | under Section 2.37 of the Wildlife Code. | 18 | | (bb) Information which is or was prohibited from | 19 | | disclosure by the Juvenile Court Act of 1987. | 20 | | (cc) Recordings made under the Law Enforcement | 21 | | Officer-Worn Body Camera Act, except to the extent | 22 | | authorized under that Act. | 23 | | (dd) Information that is prohibited from being | 24 | | disclosed under Section 45 of the Condominium and Common | 25 | | Interest Community Ombudsperson Act. | 26 | | (ee) Information that is exempted from disclosure |
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| 1 | | under Section 30.1 of the Pharmacy Practice Act. | 2 | | (ff) Information that is exempted from disclosure | 3 | | under the Revised Uniform Unclaimed Property Act. | 4 | | (gg) Information that is prohibited from being | 5 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 6 | | Code. | 7 | | (hh) Records that are exempt from disclosure under | 8 | | Section 1A-16.7 of the Election Code. | 9 | | (ii) Information which is exempted from disclosure | 10 | | under Section 2505-800 of the Department of Revenue Law of | 11 | | the Civil Administrative Code of Illinois. | 12 | | (jj) Information and reports that are required to be | 13 | | submitted to the Department of Labor by registering day and | 14 | | temporary labor service agencies but are exempt from | 15 | | disclosure under subsection (a-1) of Section 45 of the Day | 16 | | and Temporary Labor Services Act. | 17 | | (kk) Information prohibited from disclosure under the | 18 | | Seizure and Forfeiture Reporting Act. | 19 | | (ll) Information the disclosure of which is restricted | 20 | | and exempted under Section 5-30.8 of the Illinois Public | 21 | | Aid Code. | 22 | | (mm) (ll) Records that are exempt from disclosure under | 23 | | Section 4.2 of the Crime Victims Compensation Act. | 24 | | (nn) (ll) Information that is exempt from disclosure | 25 | | under Section 70 of the Higher Education Student Assistance | 26 | | Act. |
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| 1 | | (oo) ALPR system data or historical ALPR system data | 2 | | under the Automated License Plate Recognition System Data | 3 | | Act. | 4 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 5 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 6 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 7 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 8 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 9 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 10 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 11 | | 10-12-18.)".
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