Full Text of SB2400 95th General Assembly
SB2400sam001 95TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/12/2008
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09500SB2400sam001 |
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LRB095 19768 MJR 48275 a |
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| AMENDMENT TO SENATE BILL 2400
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| AMENDMENT NO. ______. Amend Senate Bill 2400 on page 2, by | 3 |
| replacing lines 17 through 19 with the following: | 4 |
| "fingerprints, voiceprints, records or scans of hand geometry, | 5 |
| facial geometry, or facial recognition. Biometric identifiers | 6 |
| do not include writing samples, written signatures, | 7 |
| photographs, or human biological samples used for valid | 8 |
| scientific testing or screening. Biometric identifiers do not | 9 |
| include donated organs, tissues, or parts as defined in the | 10 |
| Illinois Anatomical Gift Act or blood or serum stored on behalf | 11 |
| of recipients or potential recipients of living or cadaveric | 12 |
| transplants and obtained or stored by a federally-designated | 13 |
| organ procurement agency. Biometric identifiers do not include | 14 |
| biological materials regulated under the Genetic Information | 15 |
| Privacy Act."; and | 16 |
| on page 3, line 24, by replacing "entity." with "entity, | 17 |
| whichever occurs first."; and |
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LRB095 19768 MJR 48275 a |
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| on page 4, by replacing lines 19 through 23 with the following: | 2 |
| "(c) Subsections (a) and (b) of this Section do not apply | 3 |
| to a public agency engaged in criminal investigations or | 4 |
| prosecutions, acting pursuant to a valid warrant or subpoena | 5 |
| issued by a court of competent jurisdiction, or issuing | 6 |
| driver's licenses, driver's permits, or other similar | 7 |
| identification cards. Subsection (a) of this Section does not | 8 |
| apply to school districts; however, a school district that | 9 |
| collects biometric identifiers or biometric information must | 10 |
| adopt retention schedules and destruction policies in | 11 |
| accordance with the School Code."; and | 12 |
| on page 5, line 10, by replacing "federal law or regulation" | 13 |
| with "or when required by State or federal law"; and | 14 |
| on page 5, immediately below line 13, by inserting the | 15 |
| following: | 16 |
| "(e-5) Nothing in subsection (d) of this Section shall be | 17 |
| construed to prohibit or inhibit a public agency that issues | 18 |
| driver's licenses, driver's permits, or other identification | 19 |
| cards from: | 20 |
| (1) sharing biometric identifiers or biometric | 21 |
| information pursuant to or when required by State or | 22 |
| federal law; or | 23 |
| (2) sharing biometric identifiers or biometric |
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LRB095 19768 MJR 48275 a |
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| information pursuant to a valid warrant or subpoena issued | 2 |
| by a court of competent jurisdiction."; and | 3 |
| by replacing line 26 on page 5 through line 1 on page 6 with the | 4 |
| following: | 5 |
| "(3) the disclosure or redisclosure is required by | 6 |
| State or federal law; or"; and | 7 |
| by replacing line 5 on page 7 through line 4 on page 8 with the | 8 |
| following:
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| "Section 20. Right of action. Any person aggrieved by a | 10 |
| violation of this Act shall have a right of action in a State | 11 |
| circuit court or as a supplemental claim in federal district | 12 |
| court against an offending party. A prevailing party may | 13 |
| recover for each violation: | 14 |
| (1) against any public agency or private entity that | 15 |
| negligently violates a provision of this Act, liquidated | 16 |
| damages of $1,000 or actual damages, whichever is greater; | 17 |
| (2) against any public agency or private entity that | 18 |
| intentionally or recklessly violates a provision of this | 19 |
| Act, liquidated damages of $5,000 or actual damages, | 20 |
| whichever is greater; | 21 |
| (3) reasonable attorneys' fees and costs, including | 22 |
| expert witness fees and other litigation expenses; and | 23 |
| (4) other relief, including an injunction, as the State |
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| or federal court may deem appropriate.".
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