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Public Act 102-1042


 

Public Act 1042 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1042
 
HB0260 EnrolledLRB102 02581 HEP 12583 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act. This subsection (n) shall
    apply until the conclusion of the trial of the case, even
    if the prosecution chooses not to pursue the death penalty
    prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained
    in, stored in, submitted to, transferred by, or released
    from the Illinois Health Information Exchange, and
    identified or deidentified health information in the form
    of health data and medical records of the Illinois Health
    Information Exchange in the possession of the Illinois
    Health Information Exchange Office due to its
    administration of the Illinois Health Information
    Exchange. The terms "identified" and "deidentified" shall
    be given the same meaning as in the Health Insurance
    Portability and Accountability Act of 1996, Public Law
    104-191, or any subsequent amendments thereto, and any
    regulations promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) (ccc) Information that is prohibited from
    disclosure by the Illinois Police Training Act and the
    Illinois State Police Act.
        (ccc) (ddd) Records exempt from disclosure under
    Section 2605-304 of the Illinois Department of State
    Police Law of the Civil Administrative Code of Illinois.
        (ddd) (bbb) Information prohibited from being
    disclosed under Section 35 of the Address Confidentiality
    for Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) (ddd) Information prohibited from being
    disclosed under subsection (b) of Section 75 of the
    Domestic Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2023.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
 
    Section 10. 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, motor vehicle theft, 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, unless use of the images pertains to expressway or
highway safety or hazards. Images from the cameras may be used
by any law enforcement agency conducting an active law
enforcement investigation. 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.

Effective Date: 6/3/2022