Illinois General Assembly - Full Text of HB3289
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Full Text of HB3289  99th General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Freedom from Automatic License Plate Reader Surveillance Act.
6    Section 5. Definitions. For the purpose of this Act:
7    "Alert" means information contained in databases
8maintained by the Secretary of State of this State or by
9federal, State, or local law enforcement agencies, and license
10plate numbers that have been manually entered into the ALPR
11system upon an officer's determination that the vehicles or
12individuals associated with the license plate numbers are
13relevant and material to an ongoing criminal or missing persons
15    "Automatic license plate reader system" or "ALPR system"
16means a system of one or more mobile or fixed automatic
17high-speed cameras used in combination with computer
18algorithms to convert images of license plates into
19computer-readable data.
20    "Captured plate data" means the GPS coordinates, date and
21time, photograph, license plate number, and any other data
22captured by or derived from any ALPR system.
23    "Law enforcement agency" means any agency of this State or



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1a unit of local government which is vested by law or ordinance
2with the duty to maintain public order and to enforce criminal
3laws and ordinances.
4    "Law enforcement officer" means any officer, agent, or
5employee of this State or a unit of local government authorized
6by law or by a government agency to engage in or supervise the
7prevention, detection, or investigation of any violation of
8criminal law, or authorized by law to supervise sentenced
9criminal offenders.
10    "Look-out order" means an order received or initiated by a
11law enforcement agency to look out for a particular person
12reasonably suspected of being a threat to public safety or
13engaged in criminal activity.
14    Section 10. Allowable uses of ALPR systems. Except as
15otherwise provided in this Section, a person acting under the
16color of State law may not use any ALPR system. An ALPR system
17may be used:
18        (1) for electronic toll collection and enforcement of
19    violations for non-payment of tolls;
20        (2) for traffic enforcement;
21        (3) by parking enforcement entities for regulating the
22    use of parking facilities;
23        (4) for controlling access to secured areas that have
24    clear boundaries, entry only through specific controlled
25    points, and limited access;



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1        (5) for the purpose of conducting criminal
2    investigations upon an officer's determination that the
3    vehicles or individuals associated with the license plate
4    numbers are relevant and material to an ongoing criminal
5    investigation; or
6        (6) by law enforcement agencies for the comparison of
7    captured plate data with information contained in
8    databases maintained by the Secretary of State of this
9    State or by federal, State, or local law enforcement
10    agencies, and with license plate numbers that have been
11    manually entered into an ALPR system upon an officer's
12    determination that the vehicles or individuals associated
13    with the license plate numbers are relevant and material to
14    an ongoing criminal or missing persons investigation, for
15    the purpose of identifying:
16            (A) vehicles that are stolen, or in violation of
17        any registration or inspection requirements;
18            (B) persons who are missing, or the subject of an
19        arrest warrant, look-out order, traffic citation, or
20        parking citation; or
21            (C) vehicles that are relevant and material to an
22        ongoing criminal investigation.
23    Section 15. Protections.
24    (a) Captured plate data obtained for the purposes described
25under paragraph (6) of Section 10 shall not be used, shared,



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1sold, traded, or exchanged for any other purpose and shall not
2be preserved for more than 30 months by a law enforcement
3agency except it may be preserved for more than 30 months:
4        (1) under a preservation request under Section 20;
5        (2) under a disclosure order under Section 20;
6        (3) as part of an ongoing investigation provided that
7    the captured plate data is confirmed as matching an alert
8    and is destroyed at the conclusion of either:
9            (A) an investigation that does not result in any
10        criminal charges being filed; or
11            (B) any criminal action undertaken in the matter
12        involving the captured plate data.
13    (b) Any law enforcement agency that uses an ALPR system
14under paragraph (6) of Section 10 must update that system from
15the databases described in paragraph (6) of Section 10 at the
16beginning of each shift if the updates are available.
17    (c) Any law enforcement agency that uses an ALPR system
18under paragraph (6) of Section 10 may manually enter license
19plate numbers into the ALPR system only if an officer
20determines that the vehicle or individuals associated with the
21license plate numbers are relevant and material to an ongoing
22criminal or missing persons investigation and subject to the
23following limitations:
24        (1) any manual entry must document the reason for the
25    entry; and
26        (2) manual entries must be purged after 48 hours,



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1    unless an officer determines that the vehicle or
2    individuals associated with the license plate numbers
3    continue to be relevant and material to an ongoing criminal
4    or missing persons investigation.
5    (d) ALPR system captured plate data is not subject to
6disclosure under the Freedom of Information Act, unless the
7disclosure is consented to in writing by the individual
8subjects of the information.
9    Section 20. Preservation and disclosure.
10    (a) An operator of an automatic license plate reader
11system, upon the request of a law enforcement agency or a
12defendant in a criminal case, shall take all necessary steps to
13preserve captured plate data in its possession for 30 months
14pending the issuance of a court order under Section (b). A
15requesting governmental entity or defendant in a criminal case
16must specify in a written sworn statement:
17        (1) the particular camera or cameras for which captured
18    plate data must be preserved or the particular license
19    plate for which captured plate data must be preserved; and
20        (2) the date or dates and timeframes for which captured
21    plate data must be preserved.
22    (b) A law enforcement agency or defendant in a criminal
23case may apply for a court order for disclosure of captured
24plate data which shall be issued by any court that is a court
25of competent jurisdiction if the law enforcement agency or



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1defendant in a criminal case offers specific and articulable
2facts showing that there are reasonable grounds to believe that
3the captured plate data is relevant and material to an ongoing
4criminal or missing persons investigation or criminal
6    (c) A law enforcement agency or defendant in a criminal
7case may apply for a court order for disclosure of private ALPR
8captured plate data if a warrant is issued for a forcible
9felony as defined in Section 2-8 of the Criminal Code of 2012,
10including first degree murder and child abduction, which shall
11be issued by any court of competent jurisdiction if the law
12enforcement agency or defendant in a criminal case offers
13specific and articulable facts showing that there are
14reasonable grounds to believe that the captured plate data is
15relevant and material to an ongoing criminal or missing persons
16investigation or criminal prosecution.
17    (d) Captured plate data held by a law enforcement agency
18shall be destroyed if the application for an order under
19Section (b) of this Section is denied or at the end of 30
20months, whichever is later.
21    Section 25. Allowable uses of all other captured plate
22data. If an ALPR system captures plate information under
23paragraph (1), (2), (3), (4), or (5) of Section 10 of this Act,
24then the captured plate information:
25        (1) shall be used and disclosed only as necessary to



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1    achieve the purpose for which the information was captured
2    and shall not be sold, traded, or exchanged for any other
3    purpose;
4        (2) shall be destroyed within 48 hours of the
5    completion of that purpose; and
6        (3) shall not be subject to disclosure under the
7    Freedom of Information Act, unless the disclosure is
8    consented to in writing by the individual subjects of the
9    information.
10    Section 30. Use of privately held captured plate data.
11    (a) A law enforcement agency may obtain, receive, or use
12privately-held captured plate data for the purposes described
13in paragraph (3) of Section 10 only if the law enforcement
14agency accesses private automatic license plate reader system
15captured plate data for a time period of 30 months or fewer.
16    (b) A law enforcement agency may obtain, receive, or use
17privately-held captured plate data for the purposes described
18in paragraphs (5) and (6) of Section 10, and only if the law
19enforcement agency accesses private automatic license plate
20reader system captured plate data for a time period of 30
21months or fewer.
22    Section 35. Admissibility. If a court finds by a
23preponderance of the evidence that captured plate information
24was gathered, stored, used, or disclosed in violation of this



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1Act, then that information shall be presumed to be inadmissible
2in any judicial or administrative proceeding. The State may
3overcome this presumption by proving the applicability of a
4judicially recognized exception to the exclusionary rule of the
5Fourth Amendment to the United States Constitution or Article
6I, Section 6 of the Illinois Constitution, or by a
7preponderance of the evidence that the individual,
8partnership, corporation, association, or the law enforcement
9officer was acting in good faith and reasonably believed that
10one or more of the exceptions identified in Section 10 existed
11at the time that the captured plate information was gathered,
12stored, used, or disclosed.
13    Section 40. Policies and procedures. Any law enforcement
14agency that uses automatic license plate reader systems under
15Section 10 shall:
16    (1) adopt a policy governing use of the system and
17conspicuously post the policy on the law enforcement agency's
18Internet Web site;
19    (2) adopt a privacy policy to ensure that captured plate
20data is not shared in violation of this Act or any other law
21and conspicuously post the privacy policy on the law
22enforcement agency's Internet Web site;
23    (3) adopt audit procedures relating to the use of ALPR
24system data; and
25    (4) adopt and periodically update a comprehensive training



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1program for agency employees who use or have access to ALPR
2system data, which fully trains the employees on safeguards in
3the use of ALPR system data and procedures to adhere to
4policies and procedures governing the use of ALPR system data.
5    Section 100. The Freedom of Information Act is amended by
6changing Section 7 as follows:
7    (5 ILCS 140/7)  (from Ch. 116, par. 207)
8    Sec. 7. Exemptions.
9    (1) When a request is made to inspect or copy a public
10record that contains information that is exempt from disclosure
11under this Section, but also contains information that is not
12exempt from disclosure, the public body may elect to redact the
13information that is exempt. The public body shall make the
14remaining information available for inspection and copying.
15Subject to this requirement, the following shall be exempt from
16inspection and copying:
17        (a) Information specifically prohibited from
18    disclosure by federal or State law or rules and regulations
19    implementing federal or State law.
20        (b) Private information, unless disclosure is required
21    by another provision of this Act, a State or federal law or
22    a court order.
23        (b-5) Files, documents, and other data or databases
24    maintained by one or more law enforcement agencies and



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1    specifically designed to provide information to one or more
2    law enforcement agencies regarding the physical or mental
3    status of one or more individual subjects.
4        (c) Personal information contained within public
5    records, the disclosure of which would constitute a clearly
6    unwarranted invasion of personal privacy, unless the
7    disclosure is consented to in writing by the individual
8    subjects of the information. "Unwarranted invasion of
9    personal privacy" means the disclosure of information that
10    is highly personal or objectionable to a reasonable person
11    and in which the subject's right to privacy outweighs any
12    legitimate public interest in obtaining the information.
13    The disclosure of information that bears on the public
14    duties of public employees and officials shall not be
15    considered an invasion of personal privacy.
16        (d) Records in the possession of any public body
17    created in the course of administrative enforcement
18    proceedings, and any law enforcement or correctional
19    agency for law enforcement purposes, but only to the extent
20    that disclosure would:
21            (i) interfere with pending or actually and
22        reasonably contemplated law enforcement proceedings
23        conducted by any law enforcement or correctional
24        agency that is the recipient of the request;
25            (ii) interfere with active administrative
26        enforcement proceedings conducted by the public body



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1        that is the recipient of the request;
2            (iii) create a substantial likelihood that a
3        person will be deprived of a fair trial or an impartial
4        hearing;
5            (iv) unavoidably disclose the identity of a
6        confidential source, confidential information
7        furnished only by the confidential source, or persons
8        who file complaints with or provide information to
9        administrative, investigative, law enforcement, or
10        penal agencies; except that the identities of
11        witnesses to traffic accidents, traffic accident
12        reports, and rescue reports shall be provided by
13        agencies of local government, except when disclosure
14        would interfere with an active criminal investigation
15        conducted by the agency that is the recipient of the
16        request;
17            (v) disclose unique or specialized investigative
18        techniques other than those generally used and known or
19        disclose internal documents of correctional agencies
20        related to detection, observation or investigation of
21        incidents of crime or misconduct, and disclosure would
22        result in demonstrable harm to the agency or public
23        body that is the recipient of the request;
24            (vi) endanger the life or physical safety of law
25        enforcement personnel or any other person; or
26            (vii) obstruct an ongoing criminal investigation



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1        by the agency that is the recipient of the request; or .
2            (viii) disclose captured plate data as that term is
3        defined in Section 5 of the Freedom from Automatic
4        License Plate Reader Surveillance Act, unless the
5        disclosure is consented to in writing by the individual
6        subjects of the information.
7        (d-5) A law enforcement record created for law
8    enforcement purposes and contained in a shared electronic
9    record management system if the law enforcement agency that
10    is the recipient of the request did not create the record,
11    did not participate in or have a role in any of the events
12    which are the subject of the record, and only has access to
13    the record through the shared electronic record management
14    system.
15        (e) Records that relate to or affect the security of
16    correctional institutions and detention facilities.
17        (e-5) Records requested by persons committed to the
18    Department of Corrections if those materials are available
19    in the library of the correctional facility where the
20    inmate is confined.
21        (e-6) Records requested by persons committed to the
22    Department of Corrections if those materials include
23    records from staff members' personnel files, staff
24    rosters, or other staffing assignment information.
25        (e-7) Records requested by persons committed to the
26    Department of Corrections if those materials are available



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1    through an administrative request to the Department of
2    Corrections.
3        (f) Preliminary drafts, notes, recommendations,
4    memoranda and other records in which opinions are
5    expressed, or policies or actions are formulated, except
6    that a specific record or relevant portion of a record
7    shall not be exempt when the record is publicly cited and
8    identified by the head of the public body. The exemption
9    provided in this paragraph (f) extends to all those records
10    of officers and agencies of the General Assembly that
11    pertain to the preparation of legislative documents.
12        (g) Trade secrets and commercial or financial
13    information obtained from a person or business where the
14    trade secrets or commercial or financial information are
15    furnished under a claim that they are proprietary,
16    privileged or confidential, and that disclosure of the
17    trade secrets or commercial or financial information would
18    cause competitive harm to the person or business, and only
19    insofar as the claim directly applies to the records
20    requested.
21        The information included under this exemption includes
22    all trade secrets and commercial or financial information
23    obtained by a public body, including a public pension fund,
24    from a private equity fund or a privately held company
25    within the investment portfolio of a private equity fund as
26    a result of either investing or evaluating a potential



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1    investment of public funds in a private equity fund. The
2    exemption contained in this item does not apply to the
3    aggregate financial performance information of a private
4    equity fund, nor to the identity of the fund's managers or
5    general partners. The exemption contained in this item does
6    not apply to the identity of a privately held company
7    within the investment portfolio of a private equity fund,
8    unless the disclosure of the identity of a privately held
9    company may cause competitive harm.
10        Nothing contained in this paragraph (g) shall be
11    construed to prevent a person or business from consenting
12    to disclosure.
13        (h) Proposals and bids for any contract, grant, or
14    agreement, including information which if it were
15    disclosed would frustrate procurement or give an advantage
16    to any person proposing to enter into a contractor
17    agreement with the body, until an award or final selection
18    is made. Information prepared by or for the body in
19    preparation of a bid solicitation shall be exempt until an
20    award or final selection is made.
21        (i) Valuable formulae, computer geographic systems,
22    designs, drawings and research data obtained or produced by
23    any public body when disclosure could reasonably be
24    expected to produce private gain or public loss. The
25    exemption for "computer geographic systems" provided in
26    this paragraph (i) does not extend to requests made by news



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1    media as defined in Section 2 of this Act when the
2    requested information is not otherwise exempt and the only
3    purpose of the request is to access and disseminate
4    information regarding the health, safety, welfare, or
5    legal rights of the general public.
6        (j) The following information pertaining to
7    educational matters:
8            (i) test questions, scoring keys and other
9        examination data used to administer an academic
10        examination;
11            (ii) information received by a primary or
12        secondary school, college, or university under its
13        procedures for the evaluation of faculty members by
14        their academic peers;
15            (iii) information concerning a school or
16        university's adjudication of student disciplinary
17        cases, but only to the extent that disclosure would
18        unavoidably reveal the identity of the student; and
19            (iv) course materials or research materials used
20        by faculty members.
21        (k) Architects' plans, engineers' technical
22    submissions, and other construction related technical
23    documents for projects not constructed or developed in
24    whole or in part with public funds and the same for
25    projects constructed or developed with public funds,
26    including but not limited to power generating and



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1    distribution stations and other transmission and
2    distribution facilities, water treatment facilities,
3    airport facilities, sport stadiums, convention centers,
4    and all government owned, operated, or occupied buildings,
5    but only to the extent that disclosure would compromise
6    security.
7        (l) Minutes of meetings of public bodies closed to the
8    public as provided in the Open Meetings Act until the
9    public body makes the minutes available to the public under
10    Section 2.06 of the Open Meetings Act.
11        (m) Communications between a public body and an
12    attorney or auditor representing the public body that would
13    not be subject to discovery in litigation, and materials
14    prepared or compiled by or for a public body in
15    anticipation of a criminal, civil or administrative
16    proceeding upon the request of an attorney advising the
17    public body, and materials prepared or compiled with
18    respect to internal audits of public bodies.
19        (n) Records relating to a public body's adjudication of
20    employee grievances or disciplinary cases; however, this
21    exemption shall not extend to the final outcome of cases in
22    which discipline is imposed.
23        (o) Administrative or technical information associated
24    with automated data processing operations, including but
25    not limited to software, operating protocols, computer
26    program abstracts, file layouts, source listings, object



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1    modules, load modules, user guides, documentation
2    pertaining to all logical and physical design of
3    computerized systems, employee manuals, and any other
4    information that, if disclosed, would jeopardize the
5    security of the system or its data or the security of
6    materials exempt under this Section.
7        (p) Records relating to collective negotiating matters
8    between public bodies and their employees or
9    representatives, except that any final contract or
10    agreement shall be subject to inspection and copying.
11        (q) Test questions, scoring keys, and other
12    examination data used to determine the qualifications of an
13    applicant for a license or employment.
14        (r) The records, documents, and information relating
15    to real estate purchase negotiations until those
16    negotiations have been completed or otherwise terminated.
17    With regard to a parcel involved in a pending or actually
18    and reasonably contemplated eminent domain proceeding
19    under the Eminent Domain Act, records, documents and
20    information relating to that parcel shall be exempt except
21    as may be allowed under discovery rules adopted by the
22    Illinois Supreme Court. The records, documents and
23    information relating to a real estate sale shall be exempt
24    until a sale is consummated.
25        (s) Any and all proprietary information and records
26    related to the operation of an intergovernmental risk



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1    management association or self-insurance pool or jointly
2    self-administered health and accident cooperative or pool.
3    Insurance or self insurance (including any
4    intergovernmental risk management association or self
5    insurance pool) claims, loss or risk management
6    information, records, data, advice or communications.
7        (t) Information contained in or related to
8    examination, operating, or condition reports prepared by,
9    on behalf of, or for the use of a public body responsible
10    for the regulation or supervision of financial
11    institutions or insurance companies, unless disclosure is
12    otherwise required by State law.
13        (u) Information that would disclose or might lead to
14    the disclosure of secret or confidential information,
15    codes, algorithms, programs, or private keys intended to be
16    used to create electronic or digital signatures under the
17    Electronic Commerce Security Act.
18        (v) Vulnerability assessments, security measures, and
19    response policies or plans that are designed to identify,
20    prevent, or respond to potential attacks upon a community's
21    population or systems, facilities, or installations, the
22    destruction or contamination of which would constitute a
23    clear and present danger to the health or safety of the
24    community, but only to the extent that disclosure could
25    reasonably be expected to jeopardize the effectiveness of
26    the measures or the safety of the personnel who implement



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1    them or the public. Information exempt under this item may
2    include such things as details pertaining to the
3    mobilization or deployment of personnel or equipment, to
4    the operation of communication systems or protocols, or to
5    tactical operations.
6        (w) (Blank).
7        (x) Maps and other records regarding the location or
8    security of generation, transmission, distribution,
9    storage, gathering, treatment, or switching facilities
10    owned by a utility, by a power generator, or by the
11    Illinois Power Agency.
12        (y) Information contained in or related to proposals,
13    bids, or negotiations related to electric power
14    procurement under Section 1-75 of the Illinois Power Agency
15    Act and Section 16-111.5 of the Public Utilities Act that
16    is determined to be confidential and proprietary by the
17    Illinois Power Agency or by the Illinois Commerce
18    Commission.
19        (z) Information about students exempted from
20    disclosure under Sections 10-20.38 or 34-18.29 of the
21    School Code, and information about undergraduate students
22    enrolled at an institution of higher education exempted
23    from disclosure under Section 25 of the Illinois Credit
24    Card Marketing Act of 2009.
25        (aa) Information the disclosure of which is exempted
26    under the Viatical Settlements Act of 2009.



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1        (bb) Records and information provided to a mortality
2    review team and records maintained by a mortality review
3    team appointed under the Department of Juvenile Justice
4    Mortality Review Team Act.
5        (cc) Information regarding interments, entombments, or
6    inurnments of human remains that are submitted to the
7    Cemetery Oversight Database under the Cemetery Care Act or
8    the Cemetery Oversight Act, whichever is applicable.
9        (dd) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Public Aid Code or (ii)
11    that pertain to appeals under Section 11-8 of the Public
12    Aid Code.
13        (ee) The names, addresses, or other personal
14    information of persons who are minors and are also
15    participants and registrants in programs of park
16    districts, forest preserve districts, conservation
17    districts, recreation agencies, and special recreation
18    associations.
19        (ff) The names, addresses, or other personal
20    information of participants and registrants in programs of
21    park districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations where such programs are targeted primarily to
24    minors.
25        (gg) Confidential information described in Section
26    1-100 of the Illinois Independent Tax Tribunal Act of 2012.



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1        (hh) The report submitted to the State Board of
2    Education by the School Security and Standards Task Force
3    under item (8) of subsection (d) of Section 2-3.160 of the
4    School Code and any information contained in that report.
5    (1.5) Any information exempt from disclosure under the
6Judicial Privacy Act shall be redacted from public records
7prior to disclosure under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the public,
17except as stated in this Section or otherwise provided in this
19(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
2097-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.
217-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
22eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
2398-695, eff. 7-3-14.)