100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0880
 
Introduced 2/7/2017, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:



New Act
5 ILCS 140/7.5

 Creates the Automated License Plate Recognition System Data Act. Provides that a law enforcement agency may use recorded automated license plate recognition system (ALPR) data and historical ALPR system data only for a legitimate law enforcement purpose. ALPR system data collected by law enforcement and historical ALPR system data collected by law enforcement may not be used, shared, sold, traded, or exchanged for any other purpose. Requires law enforcement agencies using an automated license plate recognition system to adopt a policy governing use of the system; adopt a privacy policy to ensure that ALPR system data and historical ALPR system data is not used or shared in violation of this Act; adopt audit procedures relating to use of ALPR system data and historical ALPR system data; and adopt and periodically update a comprehensive training program for agency employees who use or have access to ALPR system data and procedures to adhere to policies and procedures governing use of ALPR system data or historical ALPR system data. Prohibits admission of data in a court or administrative proceeding which is used in violation of this Act. Prohibits less restrictive local regulation, including home rule units. Defines terms. Amends the Freedom of Information Act to exempt ALPR system and historical ALPR system data from disclosure under the Act.



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HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning transportation.


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 
5Automated License Plate Recognition System Data Act.

6 Section 5. Definitions. For the purpose of this Act:

7 "ALPR system data" means data packets representing 
8interpretation by ALPR systems of recorded vehicle license 
9plates affixed to vehicles in the field of view of ALPR system 
10cameras, with associated global positioning system (GPS) 
11coordinates, and time and date stamps associated with the 
12recording of the data.
13 "Automated license plate recognition system" or "ALPR 
14system" means a system of one or more mobile, portable, or 
15fixed video cameras using computer algorithms to convert images 
16of license plates into automated computer-recognized 
17searchable alphanumerical data, including associated servers, 
18data normalization technologies, and similar technologies.
19 "Historical ALPR system data" means data recorded by ALPR 
20systems that are stored in an authorized ALPR system platform.
21 "Law enforcement agency" means an agency of this State, 
22another state within the United States, a unit of local 
23government, or a political subdivision of any of the preceding, 
 
 
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1which is vested by law or ordinance with the duty to maintain 
2public order or to enforce criminal laws and ordinances.
3 "Legitimate law enforcement purpose" means for the purpose 
4of the investigation of a criminal offense or violation of 
5federal, State, or local law or ordinance by a law enforcement 
6agency.
7 "Secured area" means an area, enclosed by clear boundaries, 
8to which access is limited and not open to the public and entry 
9is obtainable only through specific access-control points.

10 Section 10. ALPR system data and historical ALPR system 
11data protections.

12 (a) A law enforcement agency may use recorded ALPR system 
13data and historical ALPR system data only for a legitimate law 
14enforcement purpose. ALPR system data collected by law 
15enforcement and historical ALPR system data collected by law 
16enforcement may not be used, shared, sold, traded, or exchanged 
17for any other purpose.
18 (b) ALPR system data and historical ALPR system data shall 
19be considered and treated by a law enforcement agency as 
20sensitive data, but the data is not in the same category as 
21personally identifying information (PII).
22 (c) ALPR system data and historical ALPR system data are 
23not subject to disclosure under the Freedom of Information Act.
24 (d) This Act does not apply to automated license plate 
25recognition systems or similar systems:
 
 
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1  (1) used for electronic toll collection and 
2 enforcement;
3  (2) used in government buildings and other locations 
4 for security purposes or controlling access to a secured 
5 area;
6  (3) used for private sector activities; and
7  (4) used for any purpose for which motor vehicle 
8 registration data may be accessed under 18 U.S.C. 2721.

9 Section 15. Use and privacy policy.
Any law enforcement 
10agency that uses automated license plate recognition systems 
11shall:

12  (1) adopt a policy governing use of the system;
13  (2) adopt a privacy policy to ensure strict access and 
14 control of the data so that ALPR system data and historical 
15 ALPR system data are not used or shared in violation of 
16 this Act;
17  (3) adopt audit procedures relating to use of ALPR 
18 system data and historical ALPR system data; and
19  (4) adopt and periodically update a comprehensive 
20 training program for agency employees who use or have 
21 access to ALPR system data and historical ALPR system data, 
22 which fully trains the employees on safeguards in use of 
23 ALPR system data or historical ALPR system data and 
24 procedures to adhere to policies and procedures governing 
25 use of ALPR system data or historical ALPR system data.


 
 
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1 Section 20. Admissibility. 
2 If a court finds by a preponderance of the evidence that 
3ALPR system data or historical ALPR system data was gathered, 
4stored, used, or disclosed in violation of this Act, then that 
5information shall be presumed to be inadmissible in any 
6judicial or administrative proceeding. The party seeking 
7admission of the ALPR system data or historical ALPR system 
8data may overcome this presumption by proving the applicability 
9of a judicially recognized exception to the exclusionary rule 
10of the Fourth Amendment to the United States Constitution or 
11Article I, Section 6 of the Illinois Constitution, or by a 
12preponderance of the evidence that the law enforcement agency 
13was acting in good faith and reasonably believed that one or 
14more of the exceptions existed at the time that the ALPR system 
15data or historical ALPR system data was gathered, stored, used, 
16or disclosed.

17 Section 25. Home rule and other local regulation. Any home 
18rule unit of local government, any non-home rule municipality, 
19or any non-home rule county within the unincorporated territory 
20of the county may regulate law enforcement agency owned 
21automated license plate recognition systems and the use of ALPR 
22system data collected by law enforcement and historical ALPR 
23system data collected by law enforcement, but that regulation 
24must be no less restrictive than this Act. This Section is a 
 
 
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1limitation on the concurrent exercise of home rule power under 
2subsection (i) of Section 6 of Article VII of the Illinois 
3Constitution.

4 Section 100. 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 exempt 
9from 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 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other records 
19 prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
24 to known or suspected cases of sexually transmissible 
 
 
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1 disease or any information the disclosure of which is 
2 restricted under the Illinois Sexually Transmissible 
3 Disease Control Act.
4  (e) Information the disclosure of which is exempted 
5 under Section 30 of the Radon Industry Licensing Act.
6  (f) Firm performance evaluations under Section 55 of 
7 the Architectural, Engineering, and Land Surveying 
8 Qualifications Based Selection Act.
9  (g) Information the disclosure of which is restricted 
10 and exempted under Section 50 of the Illinois Prepaid 
11 Tuition Act.
12  (h) Information the disclosure of which is exempted 
13 under the State Officials and Employees Ethics Act, and 
14 records of any lawfully created State or local inspector 
15 general's office that would be exempt if created or 
16 obtained by an Executive Inspector General's office under 
17 that Act.
18  (i) Information contained in a local emergency energy 
19 plan submitted to a municipality in accordance with a local 
20 emergency energy plan ordinance that is adopted under 
21 Section 11-21.5-5 of the Illinois Municipal Code.
22  (j) Information and data concerning the distribution 
23 of surcharge moneys collected and remitted by wireless 
24 carriers under the Wireless Emergency Telephone Safety 
25 Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the Capital 
15 Crimes Litigation Act. This subsection (n) shall apply 
16 until the conclusion of the trial of the case, even if the 
17 prosecution chooses not to pursue the death penalty prior 
18 to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Regional Transportation Authority under Section 2.11 of 
26 the Regional Transportation Authority Act or the St. Clair 
 
 
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1 County Transit District under the Bi-State Transit Safety 
2 Act. 
3  (q) Information prohibited from being disclosed by the 
4 Personnel Records Review Act. 
5  (r) Information prohibited from being disclosed by the 
6 Illinois School Student Records Act. 
7  (s) Information the disclosure of which is restricted 
8 under Section 5-108 of the Public Utilities Act. 

9  (t) All identified or deidentified health information 
10 in the form of health data or medical records contained in, 
11 stored in, submitted to, transferred by, or released from 
12 the Illinois Health Information Exchange, and identified 
13 or deidentified health information in the form of health 
14 data and medical records of the Illinois Health Information 
15 Exchange in the possession of the Illinois Health 
16 Information Exchange Authority due to its administration 
17 of the Illinois Health Information Exchange. The terms 
18 "identified" and "deidentified" shall be given the same 
19 meaning as in the Health Insurance Portability and 
20 Accountability Act of 1996, Public Law 104-191, or any 
21 subsequent amendments thereto, and any regulations 
22 promulgated thereunder. 
23  (u) Records and information provided to an independent 
24 team of experts under Brian's Law. 
25  (v) Names and information of people who have applied 
26 for or received Firearm Owner's Identification Cards under 
 
 
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1 the Firearm Owners Identification Card Act or applied for 
2 or received a concealed carry license under the Firearm 
3 Concealed Carry Act, unless otherwise authorized by the 
4 Firearm Concealed Carry Act; and databases under the 
5 Firearm Concealed Carry Act, records of the Concealed Carry 
6 Licensing Review Board under the Firearm Concealed Carry 
7 Act, and law enforcement agency objections under the 
8 Firearm Concealed Carry Act. 
9  (w) Personally identifiable information which is 
10 exempted from disclosure under subsection (g) of Section 
11 19.1 of the Toll Highway Act.
12  (x) Information which is exempted from disclosure 
13 under Section 5-1014.3 of the Counties Code or Section 
14 8-11-21 of the Illinois Municipal Code. 
15  (y) Confidential information under the Adult 
16 Protective Services Act and its predecessor enabling 
17 statute, the Elder Abuse and Neglect Act, including 
18 information about the identity and administrative finding 
19 against any caregiver of a verified and substantiated 
20 decision of abuse, neglect, or financial exploitation of an 
21 eligible adult maintained in the Registry established 
22 under Section 7.5 of the Adult Protective Services Act. 
23  (z) Records and information provided to a fatality 
24 review team or the Illinois Fatality Review Team Advisory 
25 Council under Section 15 of the Adult Protective Services 
26 Act. 
 
 
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1  (aa) Information which is exempted from disclosure 
2 under Section 2.37 of the Wildlife Code. 
3  (bb) Information which is or was prohibited from 
4 disclosure by the Juvenile Court Act of 1987. 
5  (cc) Recordings made under the Law Enforcement 
6 Officer-Worn Body Camera Act, except to the extent 
7 authorized under that Act.
8  (dd) Information that is prohibited from being 
9 disclosed under Section 45 of the Condominium and Common 
10 Interest Community Ombudsperson Act. 
11  (ee) (dd) Information that is exempted from disclosure 
12 under Section 30.1 of the Pharmacy Practice Act. 
13  (ff) ALPR system data or historical ALPR system data 
14 under the Automated License Plate Recognition System Data 
15 Act. 
16(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
17eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
1899-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
1999-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
208-19-16; revised 9-1-16.)