Bill Text: IL HB0260 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Freedom of Information Act. Provides that until July 1, 2023, images from cameras are exempt from disclosure. Amends the Expressway Camera Act. Provides that the program conducted by the Illinois State Police, the Illinois Department of Transportation, and the Illinois State Toll Highway Authority to increase the amount of cameras along the expressways in Cook County shall also increase cameras along Jean-Baptiste Pointe DuSable Lake Shore Drive. Requires details about the program objectives, counties where the program is operational, and policies under which the program operates to be made publicly available and posted online within 90 days of the effective date of the amendatory Act. Provides that a law enforcement agency may use images from an expressway camera to investigate vehicular hijacking, aggravated vehicular hijacking, terrorism, motor vehicle theft, or any forcible felony, including, but not limited to, offenses involving the use of a firearm (instead of only an offense involving the use of a firearm) and to detect highway conditions and facilitate highway safety and incident management. Adds provisions concerning retention of images from cameras, reporting requirements, and prosecutorial jurisdiction. Relocates the definition of "expressway" and defines terms. Changes the Act repeal date to July 1, 2025 (instead of July 1, 2023). Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Passed) 2022-06-03 - Public Act . . . . . . . . . 102-1042 [HB0260 Detail]

Download: Illinois-2021-HB0260-Chaptered.html

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Public Act 102-1042
HB0260 Enrolled LRB102 02581 HEP 12583 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent

team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of

Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.

(bbb) (ccc) Information that is prohibited from
disclosure by the Illinois Police Training Act and the
Illinois State Police Act.
(ccc) (ddd) Records exempt from disclosure under
Section 2605-304 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois.
(ddd) (bbb) Information prohibited from being
disclosed under Section 35 of the Address Confidentiality
for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) (ddd) Information prohibited from being
disclosed under subsection (b) of Section 75 of the
Domestic Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
Section 10. The Expressway Camera Act is amended by

changing Sections 5 and 90 and by adding Section 3 as follows:
(605 ILCS 140/3 new)
Sec. 3. Definitions. As used in this Act:
"Aggravated vehicular hijacking" has the meaning provided
in Section 18-4 of the Criminal Code of 2012.
"Authorized user" means a designated peace officer or
member of law enforcement personnel who has received training
in the review and use of images and associated technology.
"Expressway" has the meaning provided in Section 1-119.3
of the Illinois Vehicle Code.
"Forcible felony" means the following offenses: treason,
first degree murder, second degree murder, predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, robbery, burglary, residential
burglary, aggravated arson, arson, aggravated kidnaping,
kidnaping, and aggravated battery resulting in great bodily
harm or permanent disability or disfigurement.
"Terrorism" has the meaning provided in Section 29D-14.9
of the Criminal Code of 2012.
"Vehicular hijacking" has the meaning provided in Section
18-3 of the Criminal Code of 2012.
(605 ILCS 140/5)
(Section scheduled to be repealed on July 1, 2023)
Sec. 5. Camera program.

(a) The Illinois State Police, the Illinois Department of
Transportation, and the Illinois State Toll Highway Authority
shall work together to conduct a program to increase the
amount of cameras along expressways and Jean-Baptiste Pointe
DuSable Lake Shore Drive in Cook County. Within 90 days after
the effective date of this amendatory Act of the 102nd General
Assembly, details about the program objectives, counties where
the program is operational, and policies under which the
program operates shall be made publicly available and posted
online.
(b) Images from the cameras may be extracted used by any
authorized user and used by any municipal police department,
county sheriff's office, State Police officer, or other law
enforcement agency with jurisdiction over the expressway in
Cook County in the investigation of any offenses involving
vehicular hijacking, aggravated vehicular hijacking,
terrorism, motor vehicle theft, or any forcible felony,
including, but not limited to, offenses offense involving the
use of a firearm; and to detect expressway hazards and highway
conditions; and to facilitate highway safety and incident
management. Images from the cameras shall not be used to
enforce petty offenses or offenses not listed in this
subsection, unless use of the images pertains to expressway or
highway safety or hazards. Images from the cameras may be used
by any law enforcement agency conducting an active law
enforcement investigation. All images from the cameras shall

be deleted within 120 days, unless the images are relevant to
an ongoing investigation or pending criminal trial. Cameras
shall not be used to monitor individuals or groups in a
discriminatory manner contrary to applicable State or federal
law.
(b-5) By June 30th of each year, the Illinois State
Police, the Illinois Department of Transportation, and the
Illinois State Toll Highway Authority shall issue a joint
report to the General Assembly detailing the program
operations, including, but not limited to:
(1) the cost of installation of cameras by county;
(2) the cost of ongoing maintenance of the camera
systems per county, including electrical costs and data
transfer costs;
(3) the number of inquiries where the investigation
involved the criminal offenses outlined in subsection (b);
and
(4) the number of incidents in which law enforcement
searched the stored data for the criminal offenses
outlined in subsection (b).
(c) Subject to appropriation, any funds needed to conduct
the program for use on expressways under the jurisdiction of
the Department of Transportation shall be taken from the Road
Fund.
(c-5) Any forcible felony, gunrunning, or firearms
trafficking offense, as defined in Section 2-8, 24-3a, or

24-3b of the Criminal Code of 2012, respectively, committed on
an expressway monitored by a camera system funded by money
from the Road Fund and investigated by officers of the
Illinois State Police may be prosecuted by the Attorney
General or the State's Attorney where the offense was
committed.
(d) (Blank). As used in this Section, "expressway" has the
meaning provided in Section 1-119.3 of the Illinois Vehicle
Code.
(Source: P.A. 101-42, eff. 1-1-20.)
(605 ILCS 140/90)
(Section scheduled to be repealed on July 1, 2023)
Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.
(Source: P.A. 101-42, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.