Bill Text: IL HB1103 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Illinois Criminal Justice Information Act. Provides that the Illinois Criminal Justice Information Authority shall establish a pilot program to award $100 to any individual who supplies video or audio footage from the individual's residential security camera that materially contributes to a criminal conviction. Provides that the Authority shall distribute the award to the law enforcement agency investigating or the State's Attorney investigating the crime, who shall pay the individual directly. Provides that, to be eligible for an award under the pilot program, the State's Attorney that prosecuted the offender must certify to the Office of the Attorney General that (i) the individual supplied video or audio footage from the individual's residential security camera and (ii) the video or audio footage supplied by the individual contributed to the criminal conviction of an offender. Provides that the pilot program shall terminate after a total of $1,000,000 has been awarded under the pilot program. Amends the Expressway Camera Act. Adds the State highway system in the counties of Boone, Bureau, Champaign, DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, Macon, Madison, McHenry, Morgan, Peoria, Rock Island, Sangamon, St. Clair, Will, and Winnebago to the Act. Provides that images from the cameras may also be used in the investigation of any forcible felony, to detect highway conditions, and to facilitate highway safety and incident management. Provides that images from the cameras may be used by any law enforcement agency conducting an active law enforcement investigation. Provides that images from the cameras are exempt from disclosure under the Freedom of Information Act. Provides that all images and footage from the cameras must be deleted within 180 days, unless the images or footage is relevant to an ongoing investigation or pending criminal trial. Provides that cameras shall not be used to monitor individuals or groups in a discriminatory manner contrary to applicable State or federal law. Provides that each law enforcement agency shall report statistics to the Illinois Criminal Justice Information Authority and that no later than June 30, 2023, the Illinois Criminal Justice Information Authority shall issue a report concerning the instances in which camera-captured information lead to a successful conviction. Makes changes concerning funding for the program. Authorizes the Attorney General or local State's Attorney to prosecute certain offenses. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Engrossed - Dead) 2022-04-07 - Added as Alternate Co-Sponsor Sen. Patrick J. Joyce [HB1103 Detail]

Download: Illinois-2021-HB1103-Engrossed.html

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AN ACT concerning criminal law.
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

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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

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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

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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

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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

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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.

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(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

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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.

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(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) Information that is exempt from disclosure under
the Expressway Camera Act.
(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 Illinois Criminal Justice Information Act
is amended by adding Section 7.10 as follows:

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(20 ILCS 3930/7.10 new)
Sec. 7.10. Pilot program; residential security camera
footage incentive.
(a) In this Section, "Residential security camera" means
any electronic device set in a fixed position outside of a
dwelling place that is capable of recording or transmitting
video or audio.
(b) Subject to appropriation, the Authority shall
establish a pilot program to award $100 to any individual who
supplies video or audio footage from the individual's
residential security camera that materially contributes to a
criminal conviction. The Authority shall distribute the award
to the law enforcement agency investigating or the State's
Attorney prosecuting the crime, who shall pay the individual
directly. To be eligible for an award under the pilot program,
the State's Attorney that prosecuted the offender must certify
to the Authority that (i) the individual supplied video or
audio footage from the individual's residential security
camera and (ii) the video or audio footage supplied by the
individual materially contributed to the criminal conviction
of an offender. The video and audio footage shall be subject to
the Protecting Household Privacy Act. The pilot program shall
terminate after a total of $1,000,000 has been awarded under
the pilot program. The Authority may adopt rules to implement
and administer the pilot program.

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(c) The Authority shall also collect data regarding the
pilot program, including, but not limited to:
(1) the number of instances in which camera-captured
information was provided to police;
(2) a geographic breakdown of where camera-captured
information originated;
(3) the number of instances in which camera-captured
information was used as evidence in a judicial proceeding
or trial;
(4) the number of times the $100 award was paid to any
individual under the pilot program; and
(5) the instances in which camera-captured information
led to a successful conviction.
(d) This Section is repealed on July 1, 2025.
Section 15. The Expressway Camera Act is amended by
changing Section 5 as follows:
(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 the State highway
system in the counties of Boone, Bureau, Champaign, Cook,

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DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle,
Macon, Madison, McHenry, Morgan, Peoria, Rock Island,
Sangamon, St. Clair, Will, and Winnebago Cook County.
(b) Images from the cameras may be used by any authorized
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 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.
Images from the cameras may be used by any law enforcement
agency conducting an active law enforcement investigation.
Images from the cameras are exempt from disclosure under the
Freedom of Information Act. All images from the cameras must
be deleted within 180 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) Each law enforcement agency shall report statistics
to the Illinois Criminal Justice Information Authority. No
later than June 30, 2023, the Illinois Criminal Justice
Information Authority shall issue a report concerning the
instances in which camera-captured information lead to a

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successful conviction.
(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 and shall be included in requests for qualification
processes. Any funds needed to conduct the program for use on
expressways under the jurisdiction of the Illinois State Toll
Highway Authority shall be paid for by funds from the Illinois
State Tollway Highway Authority and shall be included in
requests for qualification processes.
(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) 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.)