Sen. Sara Feigenholtz
Filed: 4/8/2022
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| 1 | AMENDMENT TO HOUSE BILL 260
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| 2 | AMENDMENT NO. ______. Amend House Bill 260 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Expressway Camera Act is amended by | ||||||
| 5 | changing Sections 5 and 90 and by adding Section 3 as follows:
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| 6 | (605 ILCS 140/3 new) | ||||||
| 7 | Sec. 3. Definitions. As used in this Act: | ||||||
| 8 | "Aggravated vehicular hijacking" has the meaning provided | ||||||
| 9 | in Section 18-4 of the Criminal Code of 2012. | ||||||
| 10 | "Authorized user" means a designated peace officer or | ||||||
| 11 | member of law enforcement personnel who has received training | ||||||
| 12 | in the review and use of images and associated technology. | ||||||
| 13 | "Expressway" has the meaning provided in Section 1-119.3 | ||||||
| 14 | of the Illinois Vehicle Code. | ||||||
| 15 | "Forcible felony" means the following offenses: treason, | ||||||
| 16 | first degree murder, second degree murder, predatory criminal | ||||||
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| 1 | sexual assault of a child, aggravated criminal sexual assault, | ||||||
| 2 | criminal sexual assault, robbery, burglary, residential | ||||||
| 3 | burglary, aggravated arson, arson, aggravated kidnaping, | ||||||
| 4 | kidnaping, and aggravated battery resulting in great bodily | ||||||
| 5 | harm or permanent disability or disfigurement. | ||||||
| 6 | "Terrorism" has the meaning provided in Section 29D-14.9 | ||||||
| 7 | of the Criminal Code of 2012. | ||||||
| 8 | "Vehicular hijacking" has the meaning provided in Section | ||||||
| 9 | 18-3 of the Criminal Code of 2012.
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| 10 | (605 ILCS 140/5)
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| 11 | (Section scheduled to be repealed on July 1, 2023) | ||||||
| 12 | Sec. 5. Camera program. | ||||||
| 13 | (a) The Illinois State Police, the Illinois Department of
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| 14 | Transportation, and the Illinois State Toll Highway Authority
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| 15 | shall work together to conduct a program to increase the | ||||||
| 16 | amount
of cameras along expressways and Jean-Baptiste Pointe | ||||||
| 17 | DuSable Lake Shore Drive in Cook County. Within 90 days after | ||||||
| 18 | the effective date of this amendatory Act of the 102nd General | ||||||
| 19 | Assembly, details about the program objectives, counties where | ||||||
| 20 | the program is operational, and policies under which the | ||||||
| 21 | program operates shall be made publicly available and posted | ||||||
| 22 | online. | ||||||
| 23 | (b) Images from the cameras may be extracted used by any | ||||||
| 24 | authorized user and used by any municipal police department, | ||||||
| 25 | county sheriff's office, State Police officer, or other law | ||||||
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| 1 | enforcement agency with jurisdiction over the expressway in | ||||||
| 2 | Cook County in the investigation of any offenses involving | ||||||
| 3 | vehicular hijacking, aggravated vehicular hijacking, | ||||||
| 4 | terrorism, or any forcible felony, including, but not limited | ||||||
| 5 | to, offenses offense involving the use of a firearm; and to | ||||||
| 6 | detect expressway hazards and highway conditions; and to | ||||||
| 7 | facilitate highway safety and incident management. Images from | ||||||
| 8 | the cameras shall not be used to enforce petty offenses or | ||||||
| 9 | offenses not listed in this subsection. Images from the | ||||||
| 10 | cameras may be used by any law enforcement agency conducting | ||||||
| 11 | an active law enforcement investigation. Images from the | ||||||
| 12 | cameras are exempt from disclosure under the Freedom of | ||||||
| 13 | Information Act. All images from the cameras shall be deleted | ||||||
| 14 | within 120 days, unless the images are relevant to an ongoing | ||||||
| 15 | investigation or pending criminal trial. Cameras shall not be | ||||||
| 16 | used to monitor individuals or groups in a discriminatory | ||||||
| 17 | manner contrary to applicable State or federal law. | ||||||
| 18 | (b-5) By June 30th of each year, the Illinois State | ||||||
| 19 | Police, the Illinois Department of Transportation, and the | ||||||
| 20 | Illinois State Toll Highway Authority shall issue a joint | ||||||
| 21 | report to the General Assembly detailing the program | ||||||
| 22 | operations, including, but not limited to: | ||||||
| 23 | (1) the cost of installation of cameras by county; | ||||||
| 24 | (2) the cost of ongoing maintenance of the camera | ||||||
| 25 | systems per county, including electrical costs and data | ||||||
| 26 | transfer costs; | ||||||
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| 1 | (3) the number of inquiries where the investigation | ||||||
| 2 | involved the criminal offenses outlined in subsection (b); | ||||||
| 3 | and | ||||||
| 4 | (4) the number of incidents in which law enforcement | ||||||
| 5 | searched the stored data for the criminal offenses | ||||||
| 6 | outlined in subsection (b). | ||||||
| 7 | (c) Subject to appropriation, any funds needed to conduct | ||||||
| 8 | the program for use on expressways under the jurisdiction of | ||||||
| 9 | the Department of Transportation shall be taken from the Road | ||||||
| 10 | Fund. | ||||||
| 11 | (c-5) Any forcible felony, gunrunning, or firearms | ||||||
| 12 | trafficking offense, as defined in Section 2-8, 24-3a, or | ||||||
| 13 | 24-3b of the Criminal Code of 2012, respectively, committed on | ||||||
| 14 | an expressway monitored by a camera system funded by money | ||||||
| 15 | from the Road Fund and investigated by officers of the | ||||||
| 16 | Illinois State Police may be prosecuted by the Attorney | ||||||
| 17 | General or the State's Attorney where the offense was | ||||||
| 18 | committed. | ||||||
| 19 | (d) (Blank). As used in this Section, "expressway" has the | ||||||
| 20 | meaning provided in Section 1-119.3 of the Illinois Vehicle | ||||||
| 21 | Code.
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| 22 | (Source: P.A. 101-42, eff. 1-1-20.)
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| 23 | (605 ILCS 140/90)
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| 24 | (Section scheduled to be repealed on July 1, 2023) | ||||||
| 25 | Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.
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| 1 | (Source: P.A. 101-42, eff. 1-1-20.)
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| 2 | Section 99. Effective date. This Act takes effect upon | ||||||
| 3 | becoming law.".
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