Full Text of HB1103 102nd General Assembly
HB1103eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 | 9 | | exempt 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 | 19 | | records 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 | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under 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 | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior 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 | | Department of Transportation under Sections 2705-300 and | 26 | | 2705-616 of the Department of Transportation Law of the |
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| 1 | | Civil Administrative Code of Illinois, the Regional | 2 | | Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act, or the St. Clair | 4 | | County Transit District under the Bi-State Transit Safety | 5 | | Act. | 6 | | (q) Information prohibited from being disclosed by the | 7 | | Personnel Record Review Act. | 8 | | (r) Information prohibited from being disclosed by the | 9 | | Illinois School Student Records Act. | 10 | | (s) Information the disclosure of which is restricted | 11 | | under Section 5-108 of the Public Utilities Act.
| 12 | | (t) All identified or deidentified health information | 13 | | in the form of health data or medical records contained | 14 | | in, stored in, submitted to, transferred by, or released | 15 | | from the Illinois Health Information Exchange, and | 16 | | identified or deidentified health information in the form | 17 | | of health data and medical records of the Illinois Health | 18 | | Information Exchange in the possession of the Illinois | 19 | | Health Information Exchange Office due to its | 20 | | administration of the Illinois Health Information | 21 | | Exchange. The terms "identified" and "deidentified" shall | 22 | | be given the same meaning as in the Health Insurance | 23 | | Portability and Accountability Act of 1996, Public Law | 24 | | 104-191, or any subsequent amendments thereto, and any | 25 | | regulations promulgated thereunder. | 26 | | (u) Records and information provided to an independent |
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| 1 | | team of experts under the Developmental Disability and | 2 | | Mental Health Safety Act (also known as Brian's Law). | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed | 10 | | Carry Licensing Review Board under the Firearm Concealed | 11 | | Carry Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (v-5) Records of the Firearm Owner's Identification | 14 | | Card Review Board that are exempted from disclosure under | 15 | | Section 10 of the Firearm Owners Identification Card Act. | 16 | | (w) Personally identifiable information which is | 17 | | exempted from disclosure under subsection (g) of Section | 18 | | 19.1 of the Toll Highway Act. | 19 | | (x) Information which is exempted from disclosure | 20 | | under Section 5-1014.3 of the Counties Code or Section | 21 | | 8-11-21 of the Illinois Municipal Code. | 22 | | (y) Confidential information under the Adult | 23 | | Protective Services Act and its predecessor enabling | 24 | | statute, the Elder Abuse and Neglect Act, including | 25 | | information about the identity and administrative finding | 26 | | against any caregiver of a verified and substantiated |
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| 1 | | decision of abuse, neglect, or financial exploitation of | 2 | | an eligible adult maintained in the Registry established | 3 | | under Section 7.5 of the Adult Protective Services Act. | 4 | | (z) Records and information provided to a fatality | 5 | | review team or the Illinois Fatality Review Team Advisory | 6 | | Council under Section 15 of the Adult Protective Services | 7 | | Act. | 8 | | (aa) Information which is exempted from disclosure | 9 | | under Section 2.37 of the Wildlife Code. | 10 | | (bb) Information which is or was prohibited from | 11 | | disclosure by the Juvenile Court Act of 1987. | 12 | | (cc) Recordings made under the Law Enforcement | 13 | | Officer-Worn Body Camera Act, except to the extent | 14 | | authorized under that Act. | 15 | | (dd) Information that is prohibited from being | 16 | | disclosed under Section 45 of the Condominium and Common | 17 | | Interest Community Ombudsperson Act. | 18 | | (ee) Information that is exempted from disclosure | 19 | | under Section 30.1 of the Pharmacy Practice Act. | 20 | | (ff) Information that is exempted from disclosure | 21 | | under the Revised Uniform Unclaimed Property Act. | 22 | | (gg) Information that is prohibited from being | 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 24 | | Code. | 25 | | (hh) Records that are exempt from disclosure under | 26 | | Section 1A-16.7 of the Election Code. |
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| 1 | | (ii) Information which is exempted from disclosure | 2 | | under Section 2505-800 of the Department of Revenue Law of | 3 | | the Civil Administrative Code of Illinois. | 4 | | (jj) Information and reports that are required to be | 5 | | submitted to the Department of Labor by registering day | 6 | | and temporary labor service agencies but are exempt from | 7 | | disclosure under subsection (a-1) of Section 45 of the Day | 8 | | and Temporary Labor Services Act. | 9 | | (kk) Information prohibited from disclosure under the | 10 | | Seizure and Forfeiture Reporting Act. | 11 | | (ll) Information the disclosure of which is restricted | 12 | | and exempted under Section 5-30.8 of the Illinois Public | 13 | | Aid Code. | 14 | | (mm) Records that are exempt from disclosure under | 15 | | Section 4.2 of the Crime Victims Compensation Act. | 16 | | (nn) Information that is exempt from disclosure under | 17 | | Section 70 of the Higher Education Student Assistance Act. | 18 | | (oo) Communications, notes, records, and reports | 19 | | arising out of a peer support counseling session | 20 | | prohibited from disclosure under the First Responders | 21 | | Suicide Prevention Act. | 22 | | (pp) Names and all identifying information relating to | 23 | | an employee of an emergency services provider or law | 24 | | enforcement agency under the First Responders Suicide | 25 | | Prevention Act. | 26 | | (qq) Information and records held by the Department of |
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| 1 | | Public Health and its authorized representatives collected | 2 | | under the Reproductive Health Act. | 3 | | (rr) Information that is exempt from disclosure under | 4 | | the Cannabis Regulation and Tax Act. | 5 | | (ss) Data reported by an employer to the Department of | 6 | | Human Rights pursuant to Section 2-108 of the Illinois | 7 | | Human Rights Act. | 8 | | (tt) Recordings made under the Children's Advocacy | 9 | | Center Act, except to the extent authorized under that | 10 | | Act. | 11 | | (uu) Information that is exempt from disclosure under | 12 | | Section 50 of the Sexual Assault Evidence Submission Act. | 13 | | (vv) Information that is exempt from disclosure under | 14 | | subsections (f) and (j) of Section 5-36 of the Illinois | 15 | | Public Aid Code. | 16 | | (ww) Information that is exempt from disclosure under | 17 | | Section 16.8 of the State Treasurer Act. | 18 | | (xx) Information that is exempt from disclosure or | 19 | | information that shall not be made public under the | 20 | | Illinois Insurance Code. | 21 | | (yy) Information prohibited from being disclosed under | 22 | | the Illinois Educational Labor Relations Act. | 23 | | (zz) Information prohibited from being disclosed under | 24 | | the Illinois Public Labor Relations Act. | 25 | | (aaa) Information prohibited from being disclosed | 26 | | under Section 1-167 of the Illinois Pension Code. |
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| 1 | | (bbb) (ccc) Information that is prohibited from | 2 | | disclosure by the Illinois Police Training Act and the | 3 | | Illinois State Police Act. | 4 | | (ccc) (ddd) Records exempt from disclosure under | 5 | | Section
2605-304 of the Illinois Department of State | 6 | | Police Law of the Civil
Administrative Code of Illinois. | 7 | | (ddd) (bbb) Information prohibited from being | 8 | | disclosed under Section 35 of the Address Confidentiality | 9 | | for Victims of Domestic Violence, Sexual Assault, Human | 10 | | Trafficking, or Stalking Act. | 11 | | (eee) (ddd) Information prohibited from being | 12 | | disclosed under subsection (b) of Section 75 of the | 13 | | Domestic Violence Fatality Review Act. | 14 | | (fff) Information that is exempt from disclosure under | 15 | | the Expressway Camera Act. | 16 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | 17 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 18 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 19 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 20 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 21 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 22 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 23 | | 102-559, eff. 8-20-21; revised 10-5-21.) | 24 | | Section 10. The Illinois Criminal Justice Information Act | 25 | | is amended by adding Section 7.10 as follows: |
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| 1 | | (20 ILCS 3930/7.10 new) | 2 | | Sec. 7.10. Pilot program; residential security camera | 3 | | footage incentive. | 4 | | (a) In this Section, "Residential security camera" means | 5 | | any electronic device set in a fixed position outside of a | 6 | | dwelling place that is capable of recording or transmitting | 7 | | video or audio. | 8 | | (b) Subject to appropriation, the Authority shall | 9 | | establish a pilot program to award $100 to any individual who | 10 | | supplies video or audio footage from the individual's | 11 | | residential security camera that materially contributes to a | 12 | | criminal conviction. The Authority shall distribute the award | 13 | | to the law enforcement agency investigating or the State's | 14 | | Attorney prosecuting the crime, who shall pay the individual | 15 | | directly. To be eligible for an award under the pilot program, | 16 | | the State's Attorney that prosecuted the offender must certify | 17 | | to the Authority that (i) the individual supplied video or | 18 | | audio footage from the individual's residential security | 19 | | camera and (ii) the video or audio footage supplied by the | 20 | | individual materially contributed to the criminal conviction | 21 | | of an offender. The video and audio footage shall be subject to | 22 | | the Protecting Household Privacy Act. The pilot program shall | 23 | | terminate after a total of $1,000,000 has been awarded under | 24 | | the pilot program. The Authority may adopt rules to implement | 25 | | and administer the pilot program. |
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| 1 | | (c) The Authority shall also collect data regarding the | 2 | | pilot program, including, but not limited to: | 3 | | (1) the number of instances in which camera-captured | 4 | | information was provided to police; | 5 | | (2) a geographic breakdown of where camera-captured | 6 | | information originated; | 7 | | (3) the number of instances in which camera-captured | 8 | | information was used as evidence in a judicial proceeding | 9 | | or trial; | 10 | | (4) the number of times the $100 award was paid to any | 11 | | individual under the pilot program; and | 12 | | (5) the instances in which camera-captured information | 13 | | led to a successful conviction. | 14 | | (d) This Section is repealed on July 1, 2025. | 15 | | Section 15. The Expressway Camera Act is amended by | 16 | | changing Section 5 as follows: | 17 | | (605 ILCS 140/5)
| 18 | | (Section scheduled to be repealed on July 1, 2023) | 19 | | Sec. 5. Camera program. | 20 | | (a) The Illinois State Police, the Illinois Department of
| 21 | | Transportation, and the Illinois State Toll Highway Authority
| 22 | | shall work together to conduct a program to increase the | 23 | | amount
of cameras along expressways and the State highway | 24 | | system in the counties of Boone, Bureau, Champaign, Cook, |
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| 1 | | DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, | 2 | | Macon, Madison, McHenry, Morgan, Peoria, Rock Island, | 3 | | Sangamon, St. Clair, Will, and Winnebago Cook County . | 4 | | (b) Images from the cameras may be used by any authorized | 5 | | municipal police department, county sheriff's office, State | 6 | | Police officer, or other law enforcement agency with | 7 | | jurisdiction over the expressway in Cook County in the | 8 | | investigation of any forcible felony, including, but not | 9 | | limited to, offenses offense involving the use of a firearm ; | 10 | | and to detect expressway hazards and highway conditions; and | 11 | | to facilitate highway safety and incident management . Images | 12 | | from the cameras shall not be used to enforce petty offenses. | 13 | | Images from the cameras may be used
by any law enforcement | 14 | | agency conducting an active law
enforcement investigation. | 15 | | Images from the cameras are exempt from disclosure under the | 16 | | Freedom of Information Act. All images from the cameras must | 17 | | be deleted within 180 days, unless the images are relevant to | 18 | | an ongoing investigation or pending criminal trial. Cameras | 19 | | shall not be used to monitor individuals or groups in a | 20 | | discriminatory manner contrary to applicable State or federal | 21 | | law. | 22 | | (b-5) Each law enforcement agency shall report statistics | 23 | | to the Illinois Criminal Justice Information Authority. No | 24 | | later than June 30, 2023, the Illinois Criminal Justice | 25 | | Information Authority shall issue a report concerning the | 26 | | instances in which camera-captured information lead to a |
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| 1 | | successful conviction. | 2 | | (c) Subject to appropriation, any funds needed to conduct | 3 | | the program for use on expressways under the jurisdiction of | 4 | | the Department of Transportation shall be taken from the Road | 5 | | Fund and shall be included in requests for qualification | 6 | | processes. Any funds needed to conduct the program for use on | 7 | | expressways under the jurisdiction of the Illinois State Toll | 8 | | Highway Authority shall be paid for by funds from the Illinois | 9 | | State Tollway Highway Authority and shall be included in | 10 | | requests for qualification processes . | 11 | | (c-5) Any forcible felony, gunrunning, or firearms | 12 | | trafficking offense, as defined in Section 2-8, 24-3a, or | 13 | | 24-3b of the Criminal Code of 2012, respectively, committed on | 14 | | an expressway monitored by a camera system funded by money | 15 | | from the Road Fund and investigated by officers of the | 16 | | Illinois State Police may be prosecuted by the Attorney | 17 | | General or the State's Attorney where the offense was | 18 | | committed. | 19 | | (d) As used in this Section, "expressway" has the meaning | 20 | | provided in Section 1-119.3 of the Illinois Vehicle Code.
| 21 | | (Source: P.A. 101-42, eff. 1-1-20 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law. |
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