Full Text of HB5627 101st General Assembly
HB5627 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5627 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/7.5 | | 605 ILCS 140/5 | |
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Amends the Expressway Camera Act. Provides that images and recorded images are not subject to disclosure under the Freedom of Information Act. Makes a corresponding change in the Freedom of Information Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning law enforcement.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | 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 | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other records | 19 | | prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a local | 21 | | emergency energy plan ordinance that is adopted under | 22 | | Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the Capital | 15 | | Crimes Litigation Act. This subsection (n) shall apply | 16 | | until the conclusion of the trial of the case, even if the | 17 | | prosecution chooses not to pursue the death penalty prior | 18 | | to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information | 10 | | in the form of health data or medical records contained in, | 11 | | stored in, submitted to, transferred by, or released from | 12 | | the Illinois Health Information Exchange, and identified | 13 | | or deidentified health information in the form of health | 14 | | data and medical records of the Illinois Health Information | 15 | | Exchange in the possession of the Illinois Health | 16 | | Information Exchange Authority due to its administration | 17 | | of the Illinois Health Information Exchange. The terms | 18 | | "identified" and "deidentified" shall be given the same | 19 | | meaning as in the Health Insurance Portability and | 20 | | Accountability Act of 1996, Public Law 104-191, or any | 21 | | subsequent amendments thereto, and any regulations | 22 | | promulgated thereunder. | 23 | | (u) Records and information provided to an independent | 24 | | team of experts under the Developmental Disability and | 25 | | Mental Health Safety Act (also known as Brian's Law). | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed Carry | 7 | | Licensing Review Board under the Firearm Concealed Carry | 8 | | Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of an | 22 | | eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Information that is exempted from disclosure | 15 | | under the Revised Uniform Unclaimed Property Act. | 16 | | (gg) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) Information which is exempted from disclosure | 22 | | under Section 2505-800 of the Department of Revenue Law of | 23 | | the Civil Administrative Code of Illinois. | 24 | | (jj) Information and reports that are required to be | 25 | | submitted to the Department of Labor by registering day and | 26 | | temporary labor service agencies but are exempt from |
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| 1 | | disclosure under subsection (a-1) of Section 45 of the Day | 2 | | and Temporary Labor Services Act. | 3 | | (kk) Information prohibited from disclosure under the | 4 | | Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information the disclosure of which is restricted | 6 | | and exempted under Section 5-30.8 of the Illinois Public | 7 | | Aid Code. | 8 | | (mm) Records that are exempt from disclosure under | 9 | | Section 4.2 of the Crime Victims Compensation Act. | 10 | | (nn) Information that is exempt from disclosure under | 11 | | Section 70 of the Higher Education Student Assistance Act. | 12 | | (oo) Communications, notes, records, and reports | 13 | | arising out of a peer support counseling session prohibited | 14 | | from disclosure under the First Responders Suicide | 15 | | Prevention Act. | 16 | | (pp) Names and all identifying information relating to | 17 | | an employee of an emergency services provider or law | 18 | | enforcement agency under the First Responders Suicide | 19 | | Prevention Act. | 20 | | (qq) Information and records held by the Department of | 21 | | Public Health and its authorized representatives collected | 22 | | under the Reproductive Health Act. | 23 | | (rr) Information that is exempt from disclosure under | 24 | | the Cannabis Regulation and Tax Act. | 25 | | (ss) Data reported by an employer to the Department of | 26 | | Human Rights pursuant to Section 2-108 of the Illinois |
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| 1 | | Human Rights Act. | 2 | | (tt) Recordings made under the Children's Advocacy | 3 | | Center Act, except to the extent authorized under that Act. | 4 | | (uu) Information that is exempt from disclosure under | 5 | | Section 50 of the Sexual Assault Evidence Submission Act. | 6 | | (vv) Information that is exempt from disclosure under | 7 | | subsections (f) and (j) of Section 5-36 of the Illinois | 8 | | Public Aid Code. | 9 | | (ww) Information that is exempt from disclosure under | 10 | | Section 16.8 of the State Treasurer Act. | 11 | | (xx) Information that is exempt from disclosure or | 12 | | information that shall not be made public under the | 13 | | Illinois Insurance Code. | 14 | | (yy) (oo) Information prohibited from being disclosed | 15 | | under the Illinois Educational Labor Relations Act. | 16 | | (zz) (pp) Information prohibited from being disclosed | 17 | | under the Illinois Public Labor Relations Act. | 18 | | (aaa) (qq) Information prohibited from being disclosed | 19 | | under Section 1-167 of the Illinois Pension Code. | 20 | | (bbb) Information exempt from disclosure under the | 21 | | Expressway Camera Act. | 22 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 23 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 24 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 25 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 26 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
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| 1 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 2 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 3 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 4 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised | 5 | | 1-6-20.) | 6 | | Section 10. The Expressway Camera Act is amended by | 7 | | changing Section 5 as follows: | 8 | | (605 ILCS 140/5)
| 9 | | (Section scheduled to be repealed on July 1, 2023) | 10 | | Sec. 5. Camera program. | 11 | | (a) The Illinois State Police, the Illinois Department of
| 12 | | Transportation, and the Illinois State Toll Highway Authority
| 13 | | shall work together to conduct a program to increase the amount
| 14 | | of cameras along expressways in Cook County. | 15 | | (b) Images from the cameras may be used by any municipal | 16 | | police department, county sheriff's office, State Police | 17 | | officer, or other law enforcement agency with jurisdiction over | 18 | | the expressway in Cook County in the investigation of any | 19 | | offense involving the use of a firearm and to detect expressway | 20 | | hazards. Images from the cameras shall not be used to enforce | 21 | | petty offenses. | 22 | | (c) Subject to appropriation, any funds needed to conduct | 23 | | the program for use on expressways under the jurisdiction of | 24 | | the Department of Transportation shall be taken from the Road |
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| 1 | | Fund. | 2 | | (d) As used in this Section, "expressway" has the meaning | 3 | | provided in Section 1-119.3 of the Illinois Vehicle Code. | 4 | | (e) Images and recorded images are not subject to | 5 | | disclosure under the Freedom of Information Act.
| 6 | | (Source: P.A. 101-42, eff. 1-1-20 .)
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