HB3326ham002 103RD GENERAL ASSEMBLY

Rep. Ann M. Williams

Filed: 3/22/2023

10300HB3326ham002 LRB103 30785 MXP 59899 a

AMENDMENT TO HOUSE BILL 3326

AMENDMENT NO. ______. Amend House Bill 3326 by replacing line 3 on page 32 through line 3 on page 34 with the following:

"(625 ILCS 5/2-130 new)

Sec. 2-130. User of automated license plate readers; prohibitions.

(a) In this Section:

"Automated license plate reader" or "ALPR" means an electronic device mounted on a law enforcement vehicle or positioned in a stationary location that is capable of recording data on or taking a photograph of a vehicle or its license plate and comparing the collected data and photographs to existing law enforcement databases for investigative purposes. "Automated license plate reader" or "ALPR" includes a device that is owned or operated by a person who is not a government entity to the extent that data collected by the reader is shared with a law enforcement agency.

"Facial recognition technology" means the capture of any image of a person's face or facial features and the subsequent use of technology to compare the face or facial features to any database for the purposes of identity proofing or identification.

(b) An ALPR user shall not sell ALPR information under any circumstance.

(c) An ALPR user shall not share or transfer ALPR information, except to a local law enforcement agency; a law enforcement agency of this State; the federal government; an organization established to detect or prevent insurance crime or fraud, such as those recognized under subsection (2) of Section 155.23 of the Illinois Insurance Code; or a state other than Illinois but only in compliance with subsection (d).

(d) An ALPR user shall not share or transfer ALPR information to any state for the purpose of investigating or enforcing a law that:

(1) denies or interferes with a woman's right to choose or obtain an abortion;

(2) criminalizes a person's undocumented immigration status; or

(3) denies or interferes with any person's health care that is lawful under the laws of the State.

(e) Any law enforcement agency using ALPR systems shall require out-of-state law enforcement agencies to acknowledge that any shared ALPR images or data generated in the State will not be used in a manner that violates subsection (d) by executing a written declaration before using that data.

(f) ALPR information shall be deleted within 30 days, unless the information is relevant to an ongoing investigation or pending criminal trial. However, the Illinois State Police may retain ALPR information for a period not to exceed 90 days, except that the information may be retained for more than 90 days if the information is relevant to an ongoing investigation or pending criminal trial.

(g) ALPR information shall be held confidentially to the fullest extent permitted by law and an ALPR suer shall not sell, share, or transfer ALPR information for any commercial purpose and shall not disclose ALPR information to any entity for the purposes of public disclosure.

(h) An ALPR shall not use facial recognition technology.".