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

HB1103ham003 102ND GENERAL ASSEMBLY

Rep. LaToya Greenwood

Filed: 4/5/2022

 

 


 

 


 
10200HB1103ham003LRB102 03117 HEP 38809 a

1
AMENDMENT TO HOUSE BILL 1103

2    AMENDMENT NO. ______. Amend House Bill 1103 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Department of Transportation under Sections 2705-300 and
7    2705-616 of the Department of Transportation Law of the
8    Civil Administrative Code of Illinois, the Regional
9    Transportation Authority under Section 2.11 of the
10    Regional Transportation Authority Act, or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its

 

 

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1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (v-5) Records of the Firearm Owner's Identification
21    Card Review Board that are exempted from disclosure under
22    Section 10 of the Firearm Owners Identification Card Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure

 

 

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1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of
9    an eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.

 

 

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1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) Information which is exempted from disclosure
9    under Section 2505-800 of the Department of Revenue Law of
10    the Civil Administrative Code of Illinois.
11        (jj) Information and reports that are required to be
12    submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16        (kk) Information prohibited from disclosure under the
17    Seizure and Forfeiture Reporting Act.
18        (ll) Information the disclosure of which is restricted
19    and exempted under Section 5-30.8 of the Illinois Public
20    Aid Code.
21        (mm) Records that are exempt from disclosure under
22    Section 4.2 of the Crime Victims Compensation Act.
23        (nn) Information that is exempt from disclosure under
24    Section 70 of the Higher Education Student Assistance Act.
25        (oo) Communications, notes, records, and reports
26    arising out of a peer support counseling session

 

 

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1    prohibited from disclosure under the First Responders
2    Suicide Prevention Act.
3        (pp) Names and all identifying information relating to
4    an employee of an emergency services provider or law
5    enforcement agency under the First Responders Suicide
6    Prevention Act.
7        (qq) Information and records held by the Department of
8    Public Health and its authorized representatives collected
9    under the Reproductive Health Act.
10        (rr) Information that is exempt from disclosure under
11    the Cannabis Regulation and Tax Act.
12        (ss) Data reported by an employer to the Department of
13    Human Rights pursuant to Section 2-108 of the Illinois
14    Human Rights Act.
15        (tt) Recordings made under the Children's Advocacy
16    Center Act, except to the extent authorized under that
17    Act.
18        (uu) Information that is exempt from disclosure under
19    Section 50 of the Sexual Assault Evidence Submission Act.
20        (vv) Information that is exempt from disclosure under
21    subsections (f) and (j) of Section 5-36 of the Illinois
22    Public Aid Code.
23        (ww) Information that is exempt from disclosure under
24    Section 16.8 of the State Treasurer Act.
25        (xx) Information that is exempt from disclosure or
26    information that shall not be made public under the

 

 

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1    Illinois Insurance Code.
2        (yy) Information prohibited from being disclosed under
3    the Illinois Educational Labor Relations Act.
4        (zz) Information prohibited from being disclosed under
5    the Illinois Public Labor Relations Act.
6        (aaa) Information prohibited from being disclosed
7    under Section 1-167 of the Illinois Pension Code.
8        (bbb) (ccc) Information that is prohibited from
9    disclosure by the Illinois Police Training Act and the
10    Illinois State Police Act.
11        (ccc) (ddd) Records exempt from disclosure under
12    Section 2605-304 of the Illinois Department of State
13    Police Law of the Civil Administrative Code of Illinois.
14        (ddd) (bbb) Information prohibited from being
15    disclosed under Section 35 of the Address Confidentiality
16    for Victims of Domestic Violence, Sexual Assault, Human
17    Trafficking, or Stalking Act.
18        (eee) (ddd) Information prohibited from being
19    disclosed under subsection (b) of Section 75 of the
20    Domestic Violence Fatality Review Act.
21        (fff) Information that is exempt from disclosure under
22    the Expressway Camera Act.
23(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
24101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
251-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
26eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

 

 

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1101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
21-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
3eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
4102-559, eff. 8-20-21; revised 10-5-21.)
 
5    Section 10. The Illinois Criminal Justice Information Act
6is amended by adding Section 7.10 as follows:
 
7    (20 ILCS 3930/7.10 new)
8    Sec. 7.10. Pilot program; residential security camera
9footage incentive.
10    (a) In this Section, "Residential security camera" means
11any electronic device set in a fixed position outside of a
12dwelling place that is capable of recording or transmitting
13video or audio.
14    (b) Subject to appropriation, the Authority shall
15establish a pilot program to award $100 to any individual who
16supplies video or audio footage from the individual's
17residential security camera that materially contributes to a
18criminal conviction. The Authority shall distribute the award
19to the law enforcement agency investigating or the State's
20Attorney prosecuting the crime, who shall pay the individual
21directly. To be eligible for an award under the pilot program,
22the State's Attorney that prosecuted the offender must certify
23to the Authority that (i) the individual supplied video or
24audio footage from the individual's residential security

 

 

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1camera and (ii) the video or audio footage supplied by the
2individual materially contributed to the criminal conviction
3of an offender. The video and audio footage shall be subject to
4the Protecting Household Privacy Act. The pilot program shall
5terminate after a total of $1,000,000 has been awarded under
6the pilot program. The Authority may adopt rules to implement
7and administer the pilot program.
8    (c) The Authority shall also collect data regarding the
9pilot program, including, but not limited to:
10        (1) the number of instances in which camera-captured
11    information was provided to police;
12        (2) a geographic breakdown of where camera-captured
13    information originated;
14        (3) the number of instances in which camera-captured
15    information was used as evidence in a judicial proceeding
16    or trial;
17        (4) the number of times the $100 award was paid to any
18    individual under the pilot program; and
19        (5) the instances in which camera-captured information
20    led to a successful conviction.
21    (d) This Section is repealed on July 1, 2025.
 
22    Section 15. The Expressway Camera Act is amended by
23changing Section 5 as follows:
 
24    (605 ILCS 140/5)

 

 

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1    (Section scheduled to be repealed on July 1, 2023)
2    Sec. 5. Camera program.
3    (a) The Illinois State Police, the Illinois Department of
4Transportation, and the Illinois State Toll Highway Authority
5shall work together to conduct a program to increase the
6amount of cameras along expressways and the State highway
7system in the counties of Boone, Bureau, Champaign, Cook,
8DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
9Macon, Madison, McHenry, Morgan, Peoria, Rock Island,
10Sangamon, St. Clair, Will, and Winnebago Cook County.
11    (b) Images from the cameras may be used by any authorized
12municipal police department, county sheriff's office, State
13Police officer, or other law enforcement agency with
14jurisdiction over the expressway in Cook County in the
15investigation of any forcible felony, including, but not
16limited to, offenses offense involving the use of a firearm;
17and to detect expressway hazards and highway conditions; and
18to facilitate highway safety and incident management. Images
19from the cameras shall not be used to enforce petty offenses.
20Images from the cameras may be used by any law enforcement
21agency conducting an active law enforcement investigation.
22Images from the cameras are exempt from disclosure under the
23Freedom of Information Act. All images from the cameras must
24be deleted within 180 days, unless the images are relevant to
25an ongoing investigation or pending criminal trial. Cameras
26shall not be used to monitor individuals or groups in a

 

 

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1discriminatory manner contrary to applicable State or federal
2law.
3    (b-5) Each law enforcement agency shall report statistics
4to the Illinois Criminal Justice Information Authority. No
5later than June 30, 2023, the Illinois Criminal Justice
6Information Authority shall issue a report concerning the
7instances in which camera-captured information lead to a
8successful conviction.
9    (c) Subject to appropriation, any funds needed to conduct
10the program for use on expressways under the jurisdiction of
11the Department of Transportation shall be taken from the Road
12Fund and shall be included in requests for qualification
13processes. Any funds needed to conduct the program for use on
14expressways under the jurisdiction of the Illinois State Toll
15Highway Authority shall be paid for by funds from the Illinois
16State Tollway Highway Authority and shall be included in
17requests for qualification processes.
18    (c-5) Any forcible felony, gunrunning, or firearms
19trafficking offense, as defined in Section 2-8, 24-3a, or
2024-3b of the Criminal Code of 2012, respectively, committed on
21an expressway monitored by a camera system funded by money
22from the Road Fund and investigated by officers of the
23Illinois State Police may be prosecuted by the Attorney
24General or the State's Attorney where the offense was
25committed.
26    (d) As used in this Section, "expressway" has the meaning

 

 

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1provided in Section 1-119.3 of the Illinois Vehicle Code.
2(Source: P.A. 101-42, eff. 1-1-20.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".