HB3883 97TH GENERAL ASSEMBLY

LRB097 14044 PJG 58683 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3883

Introduced 11/21/2011, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

20 ILCS 3930/7.8 new

Amends the Illinois Criminal Justice Information Act. Requires that the Illinois Criminal Justice Information Authority create a form for agencies to list the number of cameras that are owned by the agency, under the direct control of the agency, or owned by private entities and under contract for access by the agency and to post that form on its official Internet website. Provides that the Illinois Criminal Justice Information Authority must post on its website a list of agencies that own or directly control a camera or have access to privately owned cameras, the number of cameras that each agency owns or directly controls, and the number of cameras owned by private entities under contract for access by an agency. Requires that an agency submit to the Illinois Criminal Justice Information Authority a copy of any policies adopted by the agency that address camera use by the agency. Provides that the camera use policies must be posted on the Illinois Criminal Justice Information Authority's website. Defines "camera" and "agency".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Criminal Justice Information Act is amended by adding Section 7.8 as follows:

(20 ILCS 3930/7.8 new)

Sec. 7.8. Surveillance cameras.

(a) By July 1, 2013, the Authority must (i) create a form for agencies to list the number of cameras that are owned by the agency, under the direct control of the agency, or owned by private entities and under contract for access by the agency and (ii) post that form on the Authority's official Internet website.

(b) By December 31, 2013 and each December 1 thereafter, each agency that owns or directly controls a camera or has access to privately owned cameras shall provide to the Authority the following: (i) the completed form described in subsection (a) and (ii) a copy of any policies adopted by the agency that address camera use including: (A) policies that protect the privacy or civil liberties and rights of the general public, (B) minimal retention policies, (C) editing policies, (D) policies that address the sharing of data with other public and private entities, and (E) policies that restrict public access to data based upon a potential security compromise.

(c) By July 1, 2014 and each July 1 thereafter, the following information must be posted on the Authority's official Internet website for the prior calendar year: (i) all documents provided by an agency under subsection (b) and (ii) a list of agencies that own or directly control a camera or have access to privately owned cameras, the number of cameras that each agency owns or directly controls, and the number of cameras owned by private entities and under contract for access by an agency.

(d) This Section does not require an agency to disclose the location of any camera.

(e) For the purposes of this Section, "access" means real-time access to images from a camera.

For the purposes of this Section, "agency" means the following: (i) State agencies including all officers, boards, commissions, agencies, departments, committees, and authorities created by the Constitution, whether in the executive or legislative branch; (ii) municipalities and any other unit of local government; (iii) public institutions of higher learning as defined in Section 2 of the Higher Education Cooperation Act; (iv) school districts and public schools of this State including special charter districts, laboratory schools operated by the governing board of a public university, and alternative schools operated by a regional superintendent of schools; (v) boards of election commissioners; (vi) bodies politic and corporate of the State; (vii) administrative units or corporate outgrowths of State government created by or pursuant to statute; and (viii) all administrative units and corporate outgrowths of the entities described in this definition and as may be created by executive order of the Governor. For purposes of this Section, "agency" does not include the Department of Corrections or the Department of Juvenile Justice.

For the purposes of this Section, "camera" means any video surveillance camera that is located outdoors and permanently mounted or affixed to a building or other structure or within a public transit system. The term does not include a camera used principally to enforce traffic laws or to provide vehicle detection for traffic control devices or systems. The term does not include any device located at a correctional facility, county or municipal jail, courthouse, police station, power plant, water treatment facility, or airport.