Illinois General Assembly - Full Text of HB0260
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Full Text of HB0260  102nd General Assembly


Sen. Sara Feigenholtz

Filed: 4/8/2022





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2    AMENDMENT NO. ______. Amend House Bill 260 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt 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



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1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other
3    records prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy



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1    plan submitted to a municipality in accordance with a
2    local emergency energy plan ordinance that is adopted
3    under Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the
22    Capital Crimes Litigation Act. This subsection (n) shall
23    apply until the conclusion of the trial of the case, even
24    if the prosecution chooses not to pursue the death penalty
25    prior to trial or sentencing.
26        (o) Information that is prohibited from being



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1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Department of Transportation under Sections 2705-300 and
7    2705-616 of the Department of Transportation Law of the
8    Civil Administrative Code of Illinois, the Regional
9    Transportation Authority under Section 2.11 of the
10    Regional Transportation Authority Act, or the St. Clair
11    County Transit District under the Bi-State Transit Safety
12    Act.
13        (q) Information prohibited from being disclosed by the
14    Personnel Record Review Act.
15        (r) Information prohibited from being disclosed by the
16    Illinois School Student Records Act.
17        (s) Information the disclosure of which is restricted
18    under Section 5-108 of the Public Utilities Act.
19        (t) All identified or deidentified health information
20    in the form of health data or medical records contained
21    in, stored in, submitted to, transferred by, or released
22    from the Illinois Health Information Exchange, and
23    identified or deidentified health information in the form
24    of health data and medical records of the Illinois Health
25    Information Exchange in the possession of the Illinois
26    Health Information Exchange Office due to its



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1    administration of the Illinois Health Information
2    Exchange. The terms "identified" and "deidentified" shall
3    be given the same meaning as in the Health Insurance
4    Portability and Accountability Act of 1996, Public Law
5    104-191, or any subsequent amendments thereto, and any
6    regulations promulgated thereunder.
7        (u) Records and information provided to an independent
8    team of experts under the Developmental Disability and
9    Mental Health Safety Act (also known as Brian's Law).
10        (v) Names and information of people who have applied
11    for or received Firearm Owner's Identification Cards under
12    the Firearm Owners Identification Card Act or applied for
13    or received a concealed carry license under the Firearm
14    Concealed Carry Act, unless otherwise authorized by the
15    Firearm Concealed Carry Act; and databases under the
16    Firearm Concealed Carry Act, records of the Concealed
17    Carry Licensing Review Board under the Firearm Concealed
18    Carry Act, and law enforcement agency objections under the
19    Firearm Concealed Carry Act.
20        (v-5) Records of the Firearm Owner's Identification
21    Card Review Board that are exempted from disclosure under
22    Section 10 of the Firearm Owners Identification Card Act.
23        (w) Personally identifiable information which is
24    exempted from disclosure under subsection (g) of Section
25    19.1 of the Toll Highway Act.
26        (x) Information which is exempted from disclosure



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1    under Section 5-1014.3 of the Counties Code or Section
2    8-11-21 of the Illinois Municipal Code.
3        (y) Confidential information under the Adult
4    Protective Services Act and its predecessor enabling
5    statute, the Elder Abuse and Neglect Act, including
6    information about the identity and administrative finding
7    against any caregiver of a verified and substantiated
8    decision of abuse, neglect, or financial exploitation of
9    an eligible adult maintained in the Registry established
10    under Section 7.5 of the Adult Protective Services Act.
11        (z) Records and information provided to a fatality
12    review team or the Illinois Fatality Review Team Advisory
13    Council under Section 15 of the Adult Protective Services
14    Act.
15        (aa) Information which is exempted from disclosure
16    under Section 2.37 of the Wildlife Code.
17        (bb) Information which is or was prohibited from
18    disclosure by the Juvenile Court Act of 1987.
19        (cc) Recordings made under the Law Enforcement
20    Officer-Worn Body Camera Act, except to the extent
21    authorized under that Act.
22        (dd) Information that is prohibited from being
23    disclosed under Section 45 of the Condominium and Common
24    Interest Community Ombudsperson Act.
25        (ee) Information that is exempted from disclosure
26    under Section 30.1 of the Pharmacy Practice Act.



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1        (ff) Information that is exempted from disclosure
2    under the Revised Uniform Unclaimed Property Act.
3        (gg) Information that is prohibited from being
4    disclosed under Section 7-603.5 of the Illinois Vehicle
5    Code.
6        (hh) Records that are exempt from disclosure under
7    Section 1A-16.7 of the Election Code.
8        (ii) Information which is exempted from disclosure
9    under Section 2505-800 of the Department of Revenue Law of
10    the Civil Administrative Code of Illinois.
11        (jj) Information and reports that are required to be
12    submitted to the Department of Labor by registering day
13    and temporary labor service agencies but are exempt from
14    disclosure under subsection (a-1) of Section 45 of the Day
15    and Temporary Labor Services Act.
16        (kk) Information prohibited from disclosure under the
17    Seizure and Forfeiture Reporting Act.
18        (ll) Information the disclosure of which is restricted
19    and exempted under Section 5-30.8 of the Illinois Public
20    Aid Code.
21        (mm) Records that are exempt from disclosure under
22    Section 4.2 of the Crime Victims Compensation Act.
23        (nn) Information that is exempt from disclosure under
24    Section 70 of the Higher Education Student Assistance Act.
25        (oo) Communications, notes, records, and reports
26    arising out of a peer support counseling session



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1    prohibited from disclosure under the First Responders
2    Suicide Prevention Act.
3        (pp) Names and all identifying information relating to
4    an employee of an emergency services provider or law
5    enforcement agency under the First Responders Suicide
6    Prevention Act.
7        (qq) Information and records held by the Department of
8    Public Health and its authorized representatives collected
9    under the Reproductive Health Act.
10        (rr) Information that is exempt from disclosure under
11    the Cannabis Regulation and Tax Act.
12        (ss) Data reported by an employer to the Department of
13    Human Rights pursuant to Section 2-108 of the Illinois
14    Human Rights Act.
15        (tt) Recordings made under the Children's Advocacy
16    Center Act, except to the extent authorized under that
17    Act.
18        (uu) Information that is exempt from disclosure under
19    Section 50 of the Sexual Assault Evidence Submission Act.
20        (vv) Information that is exempt from disclosure under
21    subsections (f) and (j) of Section 5-36 of the Illinois
22    Public Aid Code.
23        (ww) Information that is exempt from disclosure under
24    Section 16.8 of the State Treasurer Act.
25        (xx) Information that is exempt from disclosure or
26    information that shall not be made public under the



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1    Illinois Insurance Code.
2        (yy) Information prohibited from being disclosed under
3    the Illinois Educational Labor Relations Act.
4        (zz) Information prohibited from being disclosed under
5    the Illinois Public Labor Relations Act.
6        (aaa) Information prohibited from being disclosed
7    under Section 1-167 of the Illinois Pension Code.
8        (bbb) (ccc) Information that is prohibited from
9    disclosure by the Illinois Police Training Act and the
10    Illinois State Police Act.
11        (ccc) (ddd) Records exempt from disclosure under
12    Section 2605-304 of the Illinois Department of State
13    Police Law of the Civil Administrative Code of Illinois.
14        (ddd) (bbb) Information prohibited from being
15    disclosed under Section 35 of the Address Confidentiality
16    for Victims of Domestic Violence, Sexual Assault, Human
17    Trafficking, or Stalking Act.
18        (eee) (ddd) Information prohibited from being
19    disclosed under subsection (b) of Section 75 of the
20    Domestic Violence Fatality Review Act.
21        (fff) Images from cameras under the Expressway Camera
22    Act. This subsection (fff) is inoperative on and after
23    July 1, 2023.
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,



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1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
5102-559, eff. 8-20-21; revised 10-5-21.)
6    Section 10. The Expressway Camera Act is amended by
7changing Sections 5 and 90 and by adding Section 3 as follows:
8    (605 ILCS 140/3 new)
9    Sec. 3. Definitions. As used in this Act:
10    "Aggravated vehicular hijacking" has the meaning provided
11in Section 18-4 of the Criminal Code of 2012.
12    "Authorized user" means a designated peace officer or
13member of law enforcement personnel who has received training
14in the review and use of images and associated technology.
15    "Expressway" has the meaning provided in Section 1-119.3
16of the Illinois Vehicle Code.
17    "Forcible felony" means the following offenses: treason,
18first degree murder, second degree murder, predatory criminal
19sexual assault of a child, aggravated criminal sexual assault,
20criminal sexual assault, robbery, burglary, residential
21burglary, aggravated arson, arson, aggravated kidnaping,
22kidnaping, and aggravated battery resulting in great bodily
23harm or permanent disability or disfigurement.
24    "Terrorism" has the meaning provided in Section 29D-14.9



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1of the Criminal Code of 2012.
2    "Vehicular hijacking" has the meaning provided in Section
318-3 of the Criminal Code of 2012.
4    (605 ILCS 140/5)
5    (Section scheduled to be repealed on July 1, 2023)
6    Sec. 5. Camera program.
7    (a) The Illinois State Police, the Illinois Department of
8Transportation, and the Illinois State Toll Highway Authority
9shall work together to conduct a program to increase the
10amount of cameras along expressways and Jean-Baptiste Pointe
11DuSable Lake Shore Drive in Cook County. Within 90 days after
12the effective date of this amendatory Act of the 102nd General
13Assembly, details about the program objectives, counties where
14the program is operational, and policies under which the
15program operates shall be made publicly available and posted
17    (b) Images from the cameras may be extracted used by any
18authorized user and used by any municipal police department,
19county sheriff's office, State Police officer, or other law
20enforcement agency with jurisdiction over the expressway in
21Cook County in the investigation of any offenses involving
22vehicular hijacking, aggravated vehicular hijacking,
23terrorism, motor vehicle theft, or any forcible felony,
24including, but not limited to, offenses offense involving the
25use of a firearm; and to detect expressway hazards and highway



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1conditions; and to facilitate highway safety and incident
2management. Images from the cameras shall not be used to
3enforce petty offenses or offenses not listed in this
4subsection, unless use of the images pertains to expressway or
5highway safety or hazards. Images from the cameras may be used
6by any law enforcement agency conducting an active law
7enforcement investigation. All images from the cameras shall
8be deleted within 120 days, unless the images are relevant to
9an ongoing investigation or pending criminal trial. Cameras
10shall not be used to monitor individuals or groups in a
11discriminatory manner contrary to applicable State or federal
13    (b-5) By June 30th of each year, the Illinois State
14Police, the Illinois Department of Transportation, and the
15Illinois State Toll Highway Authority shall issue a joint
16report to the General Assembly detailing the program
17operations, including, but not limited to:
18        (1) the cost of installation of cameras by county;
19        (2) the cost of ongoing maintenance of the camera
20    systems per county, including electrical costs and data
21    transfer costs;
22        (3) the number of inquiries where the investigation
23    involved the criminal offenses outlined in subsection (b);
24    and
25        (4) the number of incidents in which law enforcement
26    searched the stored data for the criminal offenses



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1    outlined in subsection (b).
2    (c) Subject to appropriation, any funds needed to conduct
3the program for use on expressways under the jurisdiction of
4the Department of Transportation shall be taken from the Road
6    (c-5) Any forcible felony, gunrunning, or firearms
7trafficking offense, as defined in Section 2-8, 24-3a, or
824-3b of the Criminal Code of 2012, respectively, committed on
9an expressway monitored by a camera system funded by money
10from the Road Fund and investigated by officers of the
11Illinois State Police may be prosecuted by the Attorney
12General or the State's Attorney where the offense was
14    (d) (Blank). As used in this Section, "expressway" has the
15meaning provided in Section 1-119.3 of the Illinois Vehicle
17(Source: P.A. 101-42, eff. 1-1-20.)
18    (605 ILCS 140/90)
19    (Section scheduled to be repealed on July 1, 2023)
20    Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.
21(Source: P.A. 101-42, eff. 1-1-20.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".