Illinois General Assembly - Full Text of HB3953
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Full Text of HB3953  102nd General Assembly

HB3953 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3953

 

Introduced 2/22/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 1020/1.5 new

    Amends the Private College Campus Police Act. Provides that information and records in the custody or possession of a campus police department subject to the Act shall be open to inspection or copying to the extent the information and records relate to the members of the campus police department's exercise of the powers of municipal peace officers or county sheriffs. Lists the types of records that are and are not subject to inspection and copying. Sets forth provisions concerning record requests, and provides that any person denied access to any record required to be publicly available may file a request for review with the Office of the Attorney General Public Access Counselor.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3953LRB102 12710 CMG 18049 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private College Campus Police Act is
5amended by adding Section 1.5 as follows:
 
6    (110 ILCS 1020/1.5 new)
7    Sec. 1.5. Records.
8    (a) Information and records in the custody or possession
9of a campus police department subject to this Act shall be open
10to inspection or copying as described in this Section to the
11extent the information and records relate to the members of
12the campus police department's exercise of the powers of
13municipal peace officers or county sheriffs, as provided in
14Section 1 of this Act.
15    (b) The following records are subject to inspection and
16copying under subsection (a) of this Section:
17        (1) traffic stop and field contact information,
18    including, but not limited to, date, time, location,
19    reason for the stop, whether a search was conducted,
20    disposition, and race and gender of the person stopped;
21        (2) department directives;
22        (3) daily crime log information for all crimes
23    reported to the campus police department that is

 

 

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1    maintained pursuant to the federal Jeanne Clery Disclosure
2    of Campus Security Policy and Campus Crime Statistics Act,
3    20 U.S.C. 1092(f) and its implementing regulations,
4    including, but not limited to, the date the crime was
5    reported, the date and time the crime occurred, the nature
6    and location of the crime, and the disposition of the
7    complaint, if known;
8        (4) arrest report information, including, but not
9    limited to, information that identifies the arrestee, when
10    and if available, information detailing any charges
11    relating to the arrest, the time and location of the
12    arrest, the name of the investigating or arresting law
13    enforcement agency, if the individual is detained, the
14    amount of any bail or bond, and the time and date that the
15    individual was received into, discharged from, or
16    transferred from the arresting agency's custody;
17        (5) broadcast radio communications between or among
18    officers and dispatchers of the campus police department
19    concerning traffic stops, field contacts, and arrests; and
20        (6) crime data and statistics that are required to be
21    reported pursuant to the federal Jeanne Clery Disclosure
22    of Campus Security Policy and Campus Crime Statistics Act.
23    (c) The following records are not subject to inspection
24and copying under subsection (a) of this Section:
25        (1) records that are in the custody or possession of a
26    campus police department that do not pertain to the

 

 

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1    exercise of power of a municipal peace officer or county
2    sheriff;
3        (2) records regarding employment matters, including
4    grievances and disciplinary matters, unless such records
5    relate to cases in which a member of the campus police
6    department's exercise of the powers of a municipal peace
7    officer or a county sheriff results in the imposition of
8    discipline; however, nothing in this subdivision (2) shall
9    be construed to limit, alter, or modify any of the terms,
10    conditions, or provisions of a collective bargaining
11    agreement existing on the effective date of this
12    amendatory Act of the 102nd General Assembly, and nothing
13    in this subdivision (2) precludes a private college or
14    private university and the exclusive bargaining
15    representative from agreeing to and implementing this
16    subdivision (2) prior to the termination of the existing
17    collective bargaining agreement;
18        (3) records regarding labor contract negotiations;
19        (4) wage information;
20        (5) information about insurance;
21        (6) records relating to all ongoing investigations or
22    security threats the disclosure of which would jeopardize
23    public safety;
24        (7) records relating to students and related
25    disciplinary proceedings and actions, including, but not
26    limited to, those prohibited by the federal Family

 

 

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1    Educational Rights and Privacy Act of 1974 and the
2    Illinois Health Insurance Portability and Accountability
3    Act;
4        (8) arrest records protected by the Juvenile Court Act
5    of 1987;
6        (9) records relating to campus building access;
7        (10) records, tapes, and other digital media from
8    campus security cameras;
9        (11) non-criminal campus incident reports; and
10        (12) documents exempted from or not subject to the
11    Freedom of Information Act.
12    (d) A person may request records as described in this
13Section, and a campus police department shall make records
14available for public inspection. No fees shall be charged for
15the first 50 pages of black and white, letter or legal-sized
16copies. The fee for black and white, letter or legal-sized
17copies shall not exceed 15 cents per page; for color copies or
18copies of other sizes, the campus police department may charge
19up to its actual cost for reproducing the records. A campus
20police department is not required to copy a record that is
21published on the department's, college's, or university's
22Internet website. The campus police department shall notify
23the requester that the record is available online and direct
24the requester to the website where the record can be
25reasonably accessed.
26    (e) Each campus police department shall designate one or

 

 

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1more employees to receive requests submitted to the campus
2police department pursuant to subsection (a) of this Section
3and ensure that the campus police department responds to
4requests within 5 business days, or a different period of time
5if agreed to by the requester and the campus police
6department. The campus police department may notify a
7requester that the department requires an additional 5
8business days to respond to requests.
9    (f) Each campus police department that maintains an
10Internet website shall post on its website a brief description
11of the methods whereby the public may request information and
12records. If the campus police department does not maintain a
13website, such information shall be prominently displayed in
14its offices and made available for inspection and copying. A
15campus police department may train employees regarding
16compliance with this Act by using the training program made
17available by the Office of the Attorney General Public Access
18Counselor.
19    (g) When a request is made to inspect or copy a record that
20contains information that would be exempt from disclosure
21under the Freedom of Information Act (including, but not
22limited to, exemptions listed in Sections 2.15 and 7 of the
23Freedom of Information Act), the campus police department may
24redact the information subject to the exemptions.
25    (h) Any person denied access to any record required to be
26publicly available under subsection (a) of this Section by a

 

 

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1campus police department may file a request for review with
2the Public Access Counselor not later than 60 days after the
3date of the denial. The request for review must be in writing,
4signed by the requester, and include (i) a copy of the request
5for access to records and (ii) any responses from the campus
6police department.
7    (i) Upon receipt of a request for review, the Public
8Access Counselor shall determine whether further action is
9warranted. If the Public Access Counselor determines that the
10alleged violation is unfounded, he or she shall so advise the
11requester and the campus police department, and no further
12action shall be undertaken. Unless the Public Access Counselor
13extends the time by no more than 30 business days by sending
14written notice to the requester and the campus police
15department that includes a statement of the reasons for the
16extension in the notice or decides to address the matter
17without the issuance of a binding opinion, the Attorney
18General shall examine the issues and the records, shall make
19findings of fact and conclusions of law, and shall issue to the
20requester and the campus police department an opinion in
21response to the request for review within 60 days after its
22receipt. The opinion shall be binding upon both the requester
23and the campus police department, subject to review in circuit
24court. In responding to any request under this Section, the
25Attorney General may exercise his or her discretion and choose
26to resolve a request for review by mediation or by a means

 

 

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1other than the issuance of a binding opinion. The decision not
2to issue a binding opinion shall not be reviewable. Upon
3receipt of a binding opinion concluding that a violation of
4this Section has occurred, the campus police department shall
5either take necessary action immediately to comply with the
6directive of the opinion or shall initiate review proceedings.
7A binding opinion granting or denying in whole or part the
8request shall be subject to review in the circuit court of Cook
9or Sangamon County.