HB0260sam001 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 4/8/2022

10200HB0260sam001 LRB102 02581 HEP 38997 a

AMENDMENT TO HOUSE BILL 260

AMENDMENT NO. ______. Amend House Bill 260 by replacing everything after the enacting clause with the following:

"Section 5. The Expressway Camera Act is amended by changing Sections 5 and 90 and by adding Section 3 as follows:

(605 ILCS 140/3 new)

Sec. 3. Definitions. As used in this Act:

"Aggravated vehicular hijacking" has the meaning provided in Section 18-4 of the Criminal Code of 2012.

"Authorized user" means a designated peace officer or member of law enforcement personnel who has received training in the review and use of images and associated technology.

"Expressway" has the meaning provided in Section 1-119.3 of the Illinois Vehicle Code.

"Forcible felony" means the following offenses: treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, and aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

"Terrorism" has the meaning provided in Section 29D-14.9 of the Criminal Code of 2012.

"Vehicular hijacking" has the meaning provided in Section 18-3 of the Criminal Code of 2012.

(605 ILCS 140/5)

(Section scheduled to be repealed on July 1, 2023)

Sec. 5. Camera program.

(a) The Illinois State Police, the Illinois Department of Transportation, and the Illinois State Toll Highway Authority shall work together to conduct a program to increase the amount of cameras along expressways and Jean-Baptiste Pointe DuSable Lake Shore Drive in Cook County. Within 90 days after the effective date of this amendatory Act of the 102nd General Assembly, details about the program objectives, counties where the program is operational, and policies under which the program operates shall be made publicly available and posted online.

(b) Images from the cameras may be extracted used by any authorized user and used by any municipal police department, county sheriff's office, State Police officer, or other law enforcement agency with jurisdiction over the expressway in Cook County in the investigation of any offenses involving vehicular hijacking, aggravated vehicular hijacking, terrorism, or any forcible felony, including, but not limited to, offenses offense involving the use of a firearm; and to detect expressway hazards and highway conditions; and to facilitate highway safety and incident management. Images from the cameras shall not be used to enforce petty offenses or offenses not listed in this subsection. Images from the cameras may be used by any law enforcement agency conducting an active law enforcement investigation. Images from the cameras are exempt from disclosure under the Freedom of Information Act. All images from the cameras shall be deleted within 120 days, unless the images are relevant to an ongoing investigation or pending criminal trial. Cameras shall not be used to monitor individuals or groups in a discriminatory manner contrary to applicable State or federal law.

(b-5) By June 30th of each year, the Illinois State Police, the Illinois Department of Transportation, and the Illinois State Toll Highway Authority shall issue a joint report to the General Assembly detailing the program operations, including, but not limited to:

(1) the cost of installation of cameras by county;

(2) the cost of ongoing maintenance of the camera systems per county, including electrical costs and data transfer costs;

(3) the number of inquiries where the investigation involved the criminal offenses outlined in subsection (b); and

(4) the number of incidents in which law enforcement searched the stored data for the criminal offenses outlined in subsection (b).

(c) Subject to appropriation, any funds needed to conduct the program for use on expressways under the jurisdiction of the Department of Transportation shall be taken from the Road Fund.

(c-5) Any forcible felony, gunrunning, or firearms trafficking offense, as defined in Section 2-8, 24-3a, or 24-3b of the Criminal Code of 2012, respectively, committed on an expressway monitored by a camera system funded by money from the Road Fund and investigated by officers of the Illinois State Police may be prosecuted by the Attorney General or the State's Attorney where the offense was committed.

(d) (Blank). As used in this Section, "expressway" has the meaning provided in Section 1-119.3 of the Illinois Vehicle Code.

(Source: P.A. 101-42, eff. 1-1-20.)

(605 ILCS 140/90)

(Section scheduled to be repealed on July 1, 2023)

Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.

(Source: P.A. 101-42, eff. 1-1-20.)

Section 99. Effective date. This Act takes effect upon becoming law.".