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Full Text of HB3932  99th General Assembly

HB3932eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Private College Campus Police Act is amended
5by adding Section 1.5 as follows:
 
6    (110 ILCS 1020/1.5 new)
7    Sec. 1.5. Records.
8    (a) Information and records in the custody or possession of
9a campus police department subject to this Act shall be open to
10inspection or copying as described in this Section to the
11extent the information and records relate to the members of the
12campus police department's exercise of the powers of municipal
13peace officers or county sheriffs, as provided in Section 1 of
14this Act.
15    (b) The following records are subject to inspection and
16copying under subsection (a) of this Section:
17        (1) traffic stop and field contact information,
18    including, but not limited to, date, time, location, reason
19    for the stop, whether a search was conducted, disposition,
20    and race and gender of the person stopped;
21        (2) department directives;
22        (3) daily crime log information for all crimes reported
23    to the campus police department that is maintained pursuant

 

 

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1    to the federal Jeanne Clery Disclosure of Campus Security
2    Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f)
3    and its implementing regulations, including, but not
4    limited to, the date the crime was reported, the date and
5    time the crime occurred, the nature and location of the
6    crime, and the disposition of the complaint, if known;
7        (4) arrest report information, including, but not
8    limited to, information that identifies the arrestee, when
9    and if available, information detailing any charges
10    relating to the arrest, the time and location of the
11    arrest, the name of the investigating or arresting law
12    enforcement agency, if the individual is detained, the
13    amount of any bail or bond, and the time and date that the
14    individual was received into, discharged from, or
15    transferred from the arresting agency's custody;
16        (5) broadcast radio communications between or among
17    officers and dispatchers of the campus police department
18    concerning traffic stops, field contacts, and arrests; and
19        (6) crime data and statistics that are required to be
20    reported pursuant to the federal Jeanne Clery Disclosure of
21    Campus Security Policy and Campus Crime Statistics Act.
22    (c) The following records are not subject to inspection and
23copying under subsection (a) of this Section:
24        (1) records that are in the custody or possession of a
25    campus police department that do not pertain to the
26    exercise of power of a municipal peace officer or county

 

 

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1    sheriff;
2        (2) records regarding employment matters, including
3    grievances and disciplinary matters, unless such records
4    relate to cases in which a member of the campus police
5    department's exercise of the powers of a municipal peace
6    officer or a county sheriff results in the imposition of
7    discipline; however, nothing in this subdivision (2) shall
8    be construed to limit, alter, or modify any of the terms,
9    conditions, or provisions of a collective bargaining
10    agreement existing on the effective date of this amendatory
11    Act of the 99th General Assembly, and nothing in this
12    subdivision (2) precludes a private college or private
13    university and the exclusive bargaining representative
14    from agreeing to and implementing this subdivision (2)
15    prior to the termination of the existing collective
16    bargaining agreement;
17        (3) records regarding labor contract negotiations;
18        (4) wage information;
19        (5) information about insurance;
20        (6) records relating to all ongoing investigations or
21    security threats the disclosure of which would jeopardize
22    public safety;
23        (7) records relating to students and related
24    disciplinary proceedings and actions, including, but not
25    limited to, those prohibited by the federal Family
26    Educational Rights and Privacy Act of 1974 and the Illinois

 

 

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1    Health Insurance Portability and Accountability Act;
2        (8) arrest records protected by the Juvenile Court Act
3    of 1987;
4        (9) records relating to campus building access;
5        (10) records, tapes, and other digital media from
6    campus security cameras;
7        (11) non-criminal campus incident reports; and
8        (12) documents exempted from or not subject to the
9    Freedom of Information Act.
10    (d) A person may request records as described in this
11Section, and a campus police department shall make records
12available for public inspection. No fees shall be charged for
13the first 50 pages of black and white, letter or legal-sized
14copies. The fee for black and white, letter or legal-sized
15copies shall not exceed 15 cents per page; for color copies or
16copies of other sizes, the campus police department may charge
17up to its actual cost for reproducing the records. A campus
18police department is not required to copy a record that is
19published on the department's, college's, or university's
20Internet website. The campus police department shall notify the
21requester that the record is available online and direct the
22requester to the website where the record can be reasonably
23accessed.
24    (e) Each campus police department shall designate one or
25more employees to receive requests submitted to the campus
26police department pursuant to subsection (a) of this Section

 

 

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1and ensure that the campus police department responds to
2requests within 5 business days, or a different period of time
3if agreed to by the requester and the campus police department.
4The campus police department may notify a requester that the
5department requires an additional 5 business days to respond to
6requests.
7    (f) Each campus police department that maintains an
8Internet website shall post on its website a brief description
9of the methods whereby the public may request information and
10records. If the campus police department does not maintain a
11website, such information shall be prominently displayed in its
12offices and made available for inspection and copying. A campus
13police department may train employees regarding compliance
14with this Act by using the training program made available by
15the Office of the Attorney General Public Access Counselor.
16    (g) When a request is made to inspect or copy a record that
17contains information that would be exempt from disclosure under
18the Freedom of Information Act (including, but not limited to,
19exemptions listed in Sections 2.15 and 7 of the Freedom of
20Information Act), the campus police department may redact the
21information subject to the exemptions.
22    (h) Any person denied access to any record required to be
23publicly available under subsection (a) of this Section by a
24campus police department may file a request for review with the
25Public Access Counselor not later than 60 days after the date
26of the denial. The request for review must be in writing,

 

 

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1signed by the requester, and include (i) a copy of the request
2for access to records and (ii) any responses from the campus
3police department.
4    (i) Upon receipt of a request for review, the Public Access
5Counselor shall determine whether further action is warranted.
6If the Public Access Counselor determines that the alleged
7violation is unfounded, he or she shall so advise the requester
8and the campus police department, and no further action shall
9be undertaken. Unless the Public Access Counselor extends the
10time by no more than 30 business days by sending written notice
11to the requester and the campus police department that includes
12a statement of the reasons for the extension in the notice or
13decides to address the matter without the issuance of a binding
14opinion, the Attorney General shall examine the issues and the
15records, shall make findings of fact and conclusions of law,
16and shall issue to the requester and the campus police
17department an opinion in response to the request for review
18within 60 days after its receipt. The opinion shall be binding
19upon both the requester and the campus police department,
20subject to review in circuit court. In responding to any
21request under this Section, the Attorney General may exercise
22his or her discretion and choose to resolve a request for
23review by mediation or by a means other than the issuance of a
24binding opinion. The decision not to issue a binding opinion
25shall not be reviewable. Upon receipt of a binding opinion
26concluding that a violation of this Section has occurred, the

 

 

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1campus police department shall either take necessary action
2immediately to comply with the directive of the opinion or
3shall initiate review proceedings. A binding opinion granting
4or denying in whole or part the request shall be subject to
5review in the circuit court of Cook or Sangamon County.