99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1351
 
Introduced 2/18/2015, by Sen. Antonio Muņoz
 
SYNOPSIS AS INTRODUCED:



New Act
5 ILCS 140/7 from Ch. 116, par. 207

 Creates the Automated License Plate Recognition System Data Act. Provides a law enforcement agency may only use recorded automated license plate recognition system (ALPR) data and historical ALPR system data for a legitimate law enforcement purpose. ALPR system data and historical ALPR system data may not be used, shared, sold, traded, or exchanged for any other purpose. Requires law enforcement agencies using a 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 historical ALPR system data, which fully trains the employees on safeguards in use of ALPR system data or historical ALPR system data and procedures to adhere to policies and procedures governing use of ALPR system data or historical ALPR system data. Requires law enforcement agencies to report to the Department of State Police requests for data, any data breech, and audit results. Establishes Department of State Police responsibilities. Prohibits admission of data in a court or administrative proceeding which is used in violation of the Act. Prohibits less restrictive local regulation, including home rule units. Defines terms. Amends the Freedom of Information Act to exempt ALPR system data and historical ALPR system data from disclosure under the Act.



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A BILL FOR
 


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1 AN ACT concerning automated license plate recognition 
2systems.


3 Be it enacted by the People of the State of Illinois,

4represented in the General Assembly:



5 Section 1. Short title. This Act may be cited as the 
6Automated License Plate Recognition System Data Act.

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

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

13 Section 10. ALPR system data and historical ALPR system 
14data protections.

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

10 Section 15. Use and privacy policy.
Any law enforcement 
11agency that uses automated license plate recognition systems 
12shall:

13  (1) adopt a policy governing use of the system;
14  (2) adopt a privacy policy to ensure that ALPR system 
15 data and historical ALPR system data is not used or shared 
16 in violation of 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. Law enforcement agency reports. Each law 
2enforcement agency using an automated license plate 
3recognition system shall prepare and submit to the Department 
4of State Police a report on the system and use of data from the 
5system on or before October 1 of each calendar year the system 
6is used by the agency. The report shall include, but is not 
7limited to:
8  (1) the number of requests that resulted in release of 
9 ALPR system data or historical ALPR system data;
10  (2) the number of out-of-state requests for ALPR system 
11 data or historical ALPR system data;
12  (3) the number of federal agency requests for ALPR 
13 system data or historical ALPR system data;
14  (4) information on any data breech that resulted in 
15 unauthorized release of ALPR system data or historical ALPR 
16 system data; and
17  (5) results of any audits conducted on agency use of 
18 ALPR system data or historical ALPR system data.

19 Section 25. Department of State Police responsibilities. 
20 The Department of State Police shall:
21  (1) collect and compile reports required under Section 
22 20 of this Act from each law enforcement agency using an 
23 automated license plate recognition system and submit a 
24 report summarizing those reports to the General Assembly on 
 
 
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1 or before January 1 of each calendar year;
2  (2) in cooperation with other law enforcement agencies 
3 develop storage capacity for a statewide ALPR system data 
4 or historical ALPR system data platform; and
5  (3) develop a model policy and audit procedures for 
6 lawful use of automated license plate recognition systems, 
7 ALPR system data, and historical ALPR system data for 
8 adoption and use by other law enforcement agencies.

9 Section 30. Admissibility; penalties. 
10 (a) If a court finds by a preponderance of the evidence 
11that ALPR system data or historical ALPR system data was 
12gathered, stored, used, or disclosed in violation of this Act, 
13then that information shall be presumed to be inadmissible in 
14any judicial or administrative proceeding. The party seeking 
15admission of the ALPR system data or historical ALPR system 
16data may overcome this presumption by proving the applicability 
17of a judicially recognized exception to the exclusionary rule 
18of the Fourth Amendment to the United States Constitution or 
19Article I, Section 6 of the Illinois Constitution, or by a 
20preponderance of the evidence that the law enforcement agency 
21was acting in good faith and reasonably believed that one or 
22more of the exceptions existed at the time that the ALPR system 
23data or historical ALPR system data was gathered, stored, used, 
24or disclosed.
25 (b) The Department of State Police shall adopt rules and 
 
 
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1appropriate penalties for violations of this Act.

2 Section 35. Home rule and other local regulation. Any home 
3rule unit of local government, any non-home rule municipality, 
4or any non-home rule county within the unincorporated territory 
5of the county may regulate automated license plate recognition 
6systems and the use of ALPR system data and historical ALPR 
7system data, but that regulation must be no less restrictive 
8than this Act. This Section is a limitation on the concurrent 
9exercise of home rule power under subsection (i) of Section 6 
10of Article VII of the Illinois Constitution.

11 Section 100. The Freedom of Information Act is amended by 
12changing Section 7 as follows:

13 (5 ILCS 140/7) (from Ch. 116, par. 207)
14 Sec. 7. Exemptions.

15 (1) When a request is made to inspect or copy a public 
16record that contains information that is exempt from disclosure 
17under this Section, but also contains information that is not 
18exempt from disclosure, the public body may elect to redact the 
19information that is exempt. The public body shall make the 
20remaining information available for inspection and copying. 
21Subject to this requirement, the following shall be exempt from 
22inspection and copying:


23  (a) Information specifically prohibited from 
 
 
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1 disclosure by federal or
State law or rules and regulations 
2 implementing federal or State law.


3  (b) Private information, unless disclosure is required 
4 by another provision of this Act, a State or federal law or 
5 a court order. 
6  (b-5) Files, documents, and other data or databases 
7 maintained by one or more law enforcement agencies and 
8 specifically designed to provide information to one or more 
9 law enforcement agencies regarding the physical or mental 
10 status of one or more individual subjects. 
11  (c) Personal information contained within public 
12 records, the disclosure of which would constitute a clearly

13 unwarranted invasion of personal privacy, unless the 
14 disclosure is
consented to in writing by the individual 
15 subjects of the information. "Unwarranted invasion of 
16 personal privacy" means the disclosure of information that 
17 is highly personal or objectionable to a reasonable person 
18 and in which the subject's right to privacy outweighs any 
19 legitimate public interest in obtaining the information. 
20 The
disclosure of information that bears on the public 
21 duties of public
employees and officials shall not be 
22 considered an invasion of personal
privacy.


23  (d) Records in the possession of any public body 
24 created in the course of administrative enforcement

25 proceedings, and any law enforcement or correctional 
26 agency for
law enforcement purposes,
but only to the extent 
 
 
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1 that disclosure would:


2   (i) interfere with pending or actually and 
3 reasonably contemplated
law enforcement proceedings 
4 conducted by any law enforcement or correctional

5 agency that is the recipient of the request;


6   (ii) interfere with active administrative 
7 enforcement proceedings
conducted by the public body 
8 that is the recipient of the request;


9   (iii) create a substantial likelihood that a 
10 person will be deprived of a fair trial or an impartial 
11 hearing;


12   (iv) unavoidably disclose the identity of a 
13 confidential source, confidential information 
14 furnished only by the confidential source, or persons 
15 who file complaints with or provide information to 
16 administrative, investigative, law enforcement, or 
17 penal agencies; except that the identities of 
18 witnesses to traffic accidents, traffic accident 
19 reports, and rescue reports shall be provided by 
20 agencies of local government, except when disclosure 
21 would interfere with an active criminal investigation 
22 conducted by the agency that is the recipient of the 
23 request;


24   (v) disclose unique or specialized investigative 
25 techniques other than
those generally used and known or 
26 disclose internal documents of
correctional agencies 
 
 
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1 related to detection, observation or investigation of

2 incidents of crime or misconduct, and disclosure would 
3 result in demonstrable harm to the agency or public 
4 body that is the recipient of the request;


5   (vi) endanger the life or physical safety of law 
6 enforcement personnel
or any other person; or


7   (vii) obstruct an ongoing criminal investigation 
8 by the agency that is the recipient of the request; or
9   (viii) disclose ALPR system data or historical 
10 ALPR system data as those terms are defined in Section 
11 5 of the Automated License Plate Recognition System 
12 Data Act.


13  (d-5) A law enforcement record created for law 
14 enforcement purposes and contained in a shared electronic 
15 record management system if the law enforcement agency that 
16 is the recipient of the request did not create the record, 
17 did not participate in or have a role in any of the events 
18 which are the subject of the record, and only has access to 
19 the record through the shared electronic record management 
20 system. 
21  (e) Records that relate to or affect the security of 
22 correctional
institutions and detention facilities.


23  (e-5) Records requested by persons committed to the 
24 Department of Corrections if those materials are available 
25 in the library of the correctional facility where the 
26 inmate is confined. 
 
 
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1  (e-6) Records requested by persons committed to the 
2 Department of Corrections if those materials include 
3 records from staff members' personnel files, staff 
4 rosters, or other staffing assignment information. 
5  (e-7) Records requested by persons committed to the 
6 Department of Corrections if those materials are available 
7 through an administrative request to the Department of 
8 Corrections. 
9  (f) Preliminary drafts, notes, recommendations, 
10 memoranda and other
records in which opinions are 
11 expressed, or policies or actions are
formulated, except 
12 that a specific record or relevant portion of a
record 
13 shall not be exempt when the record is publicly cited
and 
14 identified by the head of the public body. The exemption 
15 provided in
this paragraph (f) extends to all those records 
16 of officers and agencies
of the General Assembly that 
17 pertain to the preparation of legislative
documents.


18  (g) Trade secrets and commercial or financial 
19 information obtained from
a person or business where the 
20 trade secrets or commercial or financial information are 
21 furnished under a claim that they are
proprietary, 
22 privileged or confidential, and that disclosure of the 
23 trade
secrets or commercial or financial information would 
24 cause competitive harm to the person or business, and only 
25 insofar as the claim directly applies to the records 
26 requested.
 
 
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1  The information included under this exemption includes 
2 all trade secrets and commercial or financial information 
3 obtained by a public body, including a public pension fund, 
4 from a private equity fund or a privately held company 
5 within the investment portfolio of a private equity fund as 
6 a result of either investing or evaluating a potential 
7 investment of public funds in a private equity fund. The 
8 exemption contained in this item does not apply to the 
9 aggregate financial performance information of a private 
10 equity fund, nor to the identity of the fund's managers or 
11 general partners. The exemption contained in this item does 
12 not apply to the identity of a privately held company 
13 within the investment portfolio of a private equity fund, 
14 unless the disclosure of the identity of a privately held 
15 company may cause competitive harm.
16  Nothing contained in this
paragraph (g) shall be 
17 construed to prevent a person or business from
consenting 
18 to disclosure.


19  (h) Proposals and bids for any contract, grant, or 
20 agreement, including
information which if it were 
21 disclosed would frustrate procurement or give
an advantage 
22 to any person proposing to enter into a contractor 
23 agreement
with the body, until an award or final selection 
24 is made. Information
prepared by or for the body in 
25 preparation of a bid solicitation shall be
exempt until an 
26 award or final selection is made.


 
 
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1  (i) Valuable formulae,
computer geographic systems,

2 designs, drawings and research data obtained or
produced by 
3 any public body when disclosure could reasonably be 
4 expected to
produce private gain or public loss.
The 
5 exemption for "computer geographic systems" provided in 
6 this paragraph
(i) does not extend to requests made by news 
7 media as defined in Section 2 of
this Act when the 
8 requested information is not otherwise exempt and the only

9 purpose of the request is to access and disseminate 
10 information regarding the
health, safety, welfare, or 
11 legal rights of the general public.


12  (j) The following information pertaining to 
13 educational matters:
14   (i) test questions, scoring keys and other 
15 examination data used to
administer an academic 
16 examination;


17   (ii) information received by a primary or 
18 secondary school, college, or university under its 
19 procedures for the evaluation of faculty members by 
20 their academic peers; 
21   (iii) information concerning a school or 
22 university's adjudication of student disciplinary 
23 cases, but only to the extent that disclosure would 
24 unavoidably reveal the identity of the student; and
25   (iv) course materials or research materials used 
26 by faculty members. 
 
 
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1  (k) Architects' plans, engineers' technical 
2 submissions, and
other
construction related technical 
3 documents for
projects not constructed or developed in 
4 whole or in part with public funds
and the same for 
5 projects constructed or developed with public funds, 
6 including but not limited to power generating and 
7 distribution stations and other transmission and 
8 distribution facilities, water treatment facilities, 
9 airport facilities, sport stadiums, convention centers, 
10 and all government owned, operated, or occupied buildings, 
11 but
only to the extent
that disclosure would compromise 
12 security.


13  (l) Minutes of meetings of public bodies closed to the

14 public as provided in the Open Meetings Act until the 
15 public body
makes the minutes available to the public under 
16 Section 2.06 of the Open
Meetings Act.


17  (m) Communications between a public body and an 
18 attorney or auditor
representing the public body that would 
19 not be subject to discovery in
litigation, and materials 
20 prepared or compiled by or for a public body in

21 anticipation of a criminal, civil or administrative 
22 proceeding upon the
request of an attorney advising the 
23 public body, and materials prepared or
compiled with 
24 respect to internal audits of public bodies.


25  (n) Records relating to a public body's adjudication of 
26 employee grievances or disciplinary cases; however, this 
 
 
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1 exemption shall not extend to the final outcome of cases in 
2 which discipline is imposed.


3  (o) Administrative or technical information associated 
4 with automated
data processing operations, including but 
5 not limited to software,
operating protocols, computer 
6 program abstracts, file layouts, source
listings, object 
7 modules, load modules, user guides, documentation

8 pertaining to all logical and physical design of 
9 computerized systems,
employee manuals, and any other 
10 information that, if disclosed, would
jeopardize the 
11 security of the system or its data or the security of

12 materials exempt under this Section.


13  (p) Records relating to collective negotiating matters

14 between public bodies and their employees or 
15 representatives, except that
any final contract or 
16 agreement shall be subject to inspection and copying.


17  (q) Test questions, scoring keys, and other 
18 examination data used to determine the qualifications of an 
19 applicant for a license or employment.


20  (r) The records, documents, and information relating 
21 to real estate
purchase negotiations until those 
22 negotiations have been completed or
otherwise terminated. 
23 With regard to a parcel involved in a pending or
actually 
24 and reasonably contemplated eminent domain proceeding 
25 under the Eminent Domain Act, records, documents and

26 information relating to that parcel shall be exempt except 
 
 
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1 as may be
allowed under discovery rules adopted by the 
2 Illinois Supreme Court. The
records, documents and 
3 information relating to a real estate sale shall be
exempt 
4 until a sale is consummated.


5  (s) Any and all proprietary information and records 
6 related to the
operation of an intergovernmental risk 
7 management association or
self-insurance pool or jointly 
8 self-administered health and accident
cooperative or pool.

9 Insurance or self insurance (including any 
10 intergovernmental risk management association or self 
11 insurance pool) claims, loss or risk management 
12 information, records, data, advice or communications. 

13  (t) Information contained in or related to 
14 examination, operating, or
condition reports prepared by, 
15 on behalf of, or for the use of a public
body responsible 
16 for the regulation or supervision of financial

17 institutions or insurance companies, unless disclosure is 
18 otherwise
required by State law.


19  (u) Information that would disclose
or might lead to 
20 the disclosure of
secret or confidential information, 
21 codes, algorithms, programs, or private
keys intended to be 
22 used to create electronic or digital signatures under the

23 Electronic Commerce Security Act.


24  (v) Vulnerability assessments, security measures, and 
25 response policies
or plans that are designed to identify, 
26 prevent, or respond to potential
attacks upon a community's 
 
 
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1 population or systems, facilities, or installations,
the 
2 destruction or contamination of which would constitute a 
3 clear and present
danger to the health or safety of the 
4 community, but only to the extent that
disclosure could 
5 reasonably be expected to jeopardize the effectiveness of 
6 the
measures or the safety of the personnel who implement 
7 them or the public.
Information exempt under this item may 
8 include such things as details
pertaining to the 
9 mobilization or deployment of personnel or equipment, to 
10 the
operation of communication systems or protocols, or to 
11 tactical operations.


12  (w) (Blank). 
13  (x) Maps and other records regarding the location or 
14 security of generation, transmission, distribution, 
15 storage, gathering,
treatment, or switching facilities 
16 owned by a utility, by a power generator, or by the 
17 Illinois Power Agency.


18  (y) Information contained in or related to proposals, 
19 bids, or negotiations related to electric power 
20 procurement under Section 1-75 of the Illinois Power Agency 
21 Act and Section 16-111.5 of the Public Utilities Act that 
22 is determined to be confidential and proprietary by the 
23 Illinois Power Agency or by the Illinois Commerce 
24 Commission.

25  (z) Information about students exempted from 
26 disclosure under Sections 10-20.38 or 34-18.29 of the 
 
 
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1 School Code, and information about undergraduate students 
2 enrolled at an institution of higher education exempted 
3 from disclosure under Section 25 of the Illinois Credit 
4 Card Marketing Act of 2009. 
5  (aa) Information the disclosure of which is
exempted 
6 under the Viatical Settlements Act of 2009.

7  (bb) Records and information provided to a mortality 
8 review team and records maintained by a mortality review 
9 team appointed under the Department of Juvenile Justice 
10 Mortality Review Team Act. 
11  (cc) Information regarding interments, entombments, or 
12 inurnments of human remains that are submitted to the 
13 Cemetery Oversight Database under the Cemetery Care Act or 
14 the Cemetery Oversight Act, whichever is applicable.
15  (dd) Correspondence and records (i) that may not be 
16 disclosed under Section 11-9 of the Public Aid Code or (ii) 
17 that pertain to appeals under Section 11-8 of the Public 
18 Aid Code. 
19  (ee) The names, addresses, or other personal 
20 information of persons who are minors and are also 
21 participants and registrants in programs of park 
22 districts, forest preserve districts, conservation 
23 districts, recreation agencies, and special recreation 
24 associations.
25  (ff) The names, addresses, or other personal 
26 information of participants and registrants in programs of 
 
 
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1 park districts, forest preserve districts, conservation 
2 districts, recreation agencies, and special recreation 
3 associations where such programs are targeted primarily to 
4 minors.
5  (gg) Confidential information described in Section 
6 1-100 of the Illinois Independent Tax Tribunal Act of 2012. 
7  (hh) The report submitted to the State Board of 
8 Education by the School Security and Standards Task Force 
9 under item (8) of subsection (d) of Section 2-3.160 of the 
10 School Code and any information contained in that report. 
11 (1.5) Any information exempt from disclosure under the 
12Judicial Privacy Act shall be redacted from public records 
13prior to disclosure under this Act. 
14 (2) A public record that is not in the possession of a 
15public body but is in the possession of a party with whom the 
16agency has contracted to perform a governmental function on 
17behalf of the public body, and that directly relates to the 
18governmental function and is not otherwise exempt under this 
19Act, shall be considered a public record of the public body, 
20for purposes of this Act. 
21 (3) This Section does not authorize withholding of 
22information or limit the
availability of records to the public, 
23except as stated in this Section or
otherwise provided in this 
24Act.


25(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11; 
2697-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff. 
 
 
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17-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129, 
2eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; 
398-695, eff. 7-3-14.)