Bill Amendment: IL HB3326 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: VEH CD-LICENSE PLATE READER

Status: 2023-08-11 - Public Act . . . . . . . . . 103-0540 [HB3326 Detail]

Download: Illinois-2023-HB3326-House_Amendment_002.html

---

Rep. Ann M. Williams

Filed: 3/22/2023

10300HB3326ham002 LRB103 30785 MXP 59899 a
AMENDMENT TO HOUSE BILL 3326
AMENDMENT NO. ______. Amend House Bill 3326 by replacing
line 3 on page 32 through line 3 on page 34 with the following:
"(625 ILCS 5/2-130 new)
Sec. 2-130. User of automated license plate readers;
prohibitions.
(a) In this Section:
"Automated license plate reader" or "ALPR" means an
electronic device mounted on a law enforcement vehicle or
positioned in a stationary location that is capable of
recording data on or taking a photograph of a vehicle or its
license plate and comparing the collected data and photographs
to existing law enforcement databases for investigative
purposes. "Automated license plate reader" or "ALPR" includes
a device that is owned or operated by a person who is not a
government entity to the extent that data collected by the
reader is shared with a law enforcement agency.

10300HB3326ham002 - 2 - LRB103 30785 MXP 59899 a
"Facial recognition technology" means the capture of any
image of a person's face or facial features and the subsequent
use of technology to compare the face or facial features to any
database for the purposes of identity proofing or
identification.
(b) An ALPR user shall not sell ALPR information under any
circumstance.
(c) An ALPR user shall not share or transfer ALPR
information, except to a local law enforcement agency; a law
enforcement agency of this State; the federal government; an
organization established to detect or prevent insurance crime
or fraud, such as those recognized under subsection (2) of
Section 155.23 of the Illinois Insurance Code; or a state
other than Illinois but only in compliance with subsection
(d).
(d) An ALPR user shall not share or transfer ALPR
information to any state for the purpose of investigating or
enforcing a law that:
(1) denies or interferes with a woman's right to
choose or obtain an abortion;
(2) criminalizes a person's undocumented immigration
status; or
(3) denies or interferes with any person's health care
that is lawful under the laws of the State.
(e) Any law enforcement agency using ALPR systems shall
require out-of-state law enforcement agencies to acknowledge

10300HB3326ham002 - 3 - LRB103 30785 MXP 59899 a
that any shared ALPR images or data generated in the State will
not be used in a manner that violates subsection (d) by
executing a written declaration before using that data.
(f) ALPR information shall be deleted within 30 days,
unless the information is relevant to an ongoing investigation
or pending criminal trial. However, the Illinois State Police
may retain ALPR information for a period not to exceed 90 days,
except that the information may be retained for more than 90
days if the information is relevant to an ongoing
investigation or pending criminal trial.
(g) ALPR information shall be held confidentially to the
fullest extent permitted by law and an ALPR suer shall not
sell, share, or transfer ALPR information for any commercial
purpose and shall not disclose ALPR information to any entity
for the purposes of public disclosure.
(h) An ALPR shall not use facial recognition technology.".