SB1753 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1753

 

Introduced 2/20/2015, by Sen. Daniel Biss

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Freedom from Automatic License Plate Reader Surveillance Act. Provides that a person acting under the color of State law may not use any automatic license plate reader system (ALPR system) except (1) for electronic toll collection; (2) for traffic enforcement; (3) by parking enforcement entities for regulating the use of parking facilities; (4) for controlling access to secured areas that have clear boundaries, entry only through specific controlled points, and limited access; (5) for the purpose of conducting criminal investigations upon an officer's determination that the vehicles or individuals associated with the license plate numbers are relevant and material to an ongoing criminal investigation; or (6) by law enforcement agencies for the comparison of captured plate data with information contained in databases maintained by the Secretary of State of this State or by federal, State, or local law enforcement agencies, and with license plate numbers that have been manually entered into an ALPR system upon an officer's determination that the vehicles or individuals associated with the license plate numbers are relevant and material to an ongoing criminal or missing person investigation, for the purpose of identifying: (A) vehicles that are stolen, or in violation of any registration or inspection requirements; (B) persons who are missing, or the subject of an arrest warrant, look-out order, traffic citation, or parking citation; or (C) vehicles that are relevant and material to an ongoing criminal investigation.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning vehicles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Freedom from Automatic License Plate Reader Surveillance Act.
 
6    Section 5. Definitions. For the purpose of this Act:
7    "Alert" means information contained in databases
8maintained by the Secretary of State of this State or by
9federal, State, or local law enforcement agencies, and license
10plate numbers that have been manually entered into the ALPR
11system upon an officer's determination that the vehicles or
12individuals associated with the license plate numbers are
13relevant and material to an ongoing criminal or missing person
14investigation.
15    "Automatic license plate reader system" or "ALPR system"
16means a system of one or more mobile or fixed automatic
17high-speed cameras used in combination with computer
18algorithms to convert images of license plates into
19computer-readable data.
20    "Captured plate data" means the GPS coordinates, date and
21time, photograph, license plate number, and any other data
22captured by or derived from any ALPR system.
23    "Law enforcement agency" means any agency of this State or

 

 

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1a unit of local government which is vested by law or ordinance
2with the duty to maintain public order and to enforce criminal
3laws and ordinances.
4    "Law enforcement officer" means any officer, agent, or
5employee of this State or a unit of local government authorized
6by law or by a government agency to engage in or supervise the
7prevention, detection, or investigation of any violation of
8criminal law, or authorized by law to supervise sentenced
9criminal offenders.
10    "Look-out order" means an order received or initiated by a
11law enforcement agency to look out for a particular person
12reasonably suspected of being a threat to public safety or
13engaged in criminal activity.
 
14    Section 10. Allowable uses of ALPR systems. Except as
15otherwise provided in this Section, a person acting under the
16color of State law may not use any ALPR system. An ALPR systems
17may be used:
18        (1) for electronic toll collection;
19        (2) for traffic enforcement;
20        (3) by parking enforcement entities for regulating the
21    use of parking facilities;
22        (4) for controlling access to secured areas that have
23    clear boundaries, entry only through specific controlled
24    points, and limited access;
25        (5) for the purpose of conducting criminal

 

 

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1    investigations upon an officer's determination that the
2    vehicles or individuals associated with the license plate
3    numbers are relevant and material to an ongoing criminal
4    investigation; or
5        (6) by law enforcement agencies for the comparison of
6    captured plate data with information contained in
7    databases maintained by the Secretary of State of this
8    State or by federal, State, or local law enforcement
9    agencies, and with license plate numbers that have been
10    manually entered into an ALPR system upon an officer's
11    determination that the vehicles or individuals associated
12    with the license plate numbers are relevant and material to
13    an ongoing criminal or missing person investigation, for
14    the purpose of identifying:
15            (A) vehicles that are stolen, or in violation of
16        any registration or inspection requirements;
17            (B) persons who are missing, or the subject of an
18        arrest warrant, look-out order, traffic citation, or
19        parking citation; or
20            (C) vehicles that are relevant and material to an
21        ongoing criminal investigation.
 
22    Section 15. Protections.
23    (a) Captured plate data obtained for the purposes described
24under paragraph (6) of Section 10 shall not be used, shared,
25sold, traded, or exchanged for any other purpose and shall not

 

 

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1be preserved for more than 30 days by a law enforcement agency
2except it may be preserved for more than 30 days:
3        (1) under a preservation request under Section 25;
4        (2) under a disclosure order under Section 25;
5        (3) as part of an ongoing investigation provided that
6    the captured plate data is confirmed as matching an alert
7    and is destroyed at the conclusion of either:
8            (A) an investigation that does not result in any
9        criminal charges being filed; or
10            (B) any criminal action undertaken in the matter
11        involving the captured plate data.
12    (b) Any law enforcement agency that uses an ALPR system
13under paragraph (6) of Section 10 must update that system from
14the databases described in paragraph (6) of Section 10 at the
15beginning of each shift if the updates are available.
16    (c) Any law enforcement agency that uses an ALPR system
17under paragraph (6) of Section 10 may manually enter license
18plate numbers into the ALPR system only if an officer
19determines that the vehicle or individuals associated with the
20license plate numbers are relevant and material to an ongoing
21criminal or missing persons investigation and subject to the
22following limitations:
23        (1) any manual entry must document the reason for the
24    entry; and
25        (2) manual entries must be purged after 48 hours,
26    unless an officer determines that the vehicle or

 

 

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1    individuals associated with the license plate numbers
2    continue to be relevant and material to an ongoing criminal
3    or missing persons investigation.
 
4    Section 20. Preservation and disclosure.
5    (a) An operator of an automatic license plate reader
6system, upon the request of a law enforcement agency or a
7defendant in a criminal case, shall take all necessary steps to
8preserve captured plate data in its possession for 30 days
9pending the issuance of a court order under Section (b). A
10requesting governmental entity or defendant in a criminal case
11must specify in a written sworn statement:
12        (1) the particular camera or cameras for which captured
13    plate data must be preserved or the particular license
14    plate for which captured plate data must be preserved; and
15        (2) the date or dates and timeframes for which captured
16    plate data must be preserved.
17    (b) A law enforcement agency or defendant in a criminal
18case may apply for a court order for disclosure of captured
19plate data which shall be issued by any court that is a court
20of competent jurisdiction if the law enforcement agency or
21defendant in a criminal case offers specific and articulable
22facts showing that there are reasonable grounds to believe that
23the captured plate data is relevant and material to an ongoing
24criminal or missing persons investigation or criminal
25prosecution.

 

 

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1    (c) Captured plate data held by a law enforcement agency
2shall be destroyed if the application for an order under
3Section (b) of this Section is denied or at the end of 30 days,
4whichever is later.
 
5    Section 25. Allowable uses of all other captured plate
6data. If an ALPR system captures plate information under
7paragraph (1), (2), (3), (4), or (5) of Section 10 of this Act,
8then the captured plate information:
9        (1) shall be used and disclosed only as necessary to
10    achieve the purpose for which the information was captured
11    and shall not be sold, traded, or exchanged for any other
12    purpose; and
13        (2) shall be destroyed within 48 hours of the
14    completion of that purpose.
 
15    Section 30. Use of privately held captured plate data.
16    (a) A law enforcement agency may obtain, receive, or use
17privately-held captured plate data for the purposes described
18in paragraph (3) of Section 10 only if the private automatic
19license plate reader system retains captured plate data for 30
20days or fewer.
21    (b) A law enforcement agency may obtain, receive, or use
22privately-held captured plate data for the purposes described
23in paragraphs (5) and (6) of Section 10 under a court order,
24only if the law enforcement agency offers specific and

 

 

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1articulable facts showing that there are reasonable grounds to
2believe that the captured plate data is relevant and material
3to an ongoing criminal or missing person investigation or
4criminal prosecution, and only if the private automatic license
5plate reader system retains captured plate data for 30 days or
6less.
 
7    Section 35. Admissibility. If a court finds by a
8preponderance of the evidence that captured plate information
9was gathered, stored, used, or disclosed in violation of this
10Act, then that information shall be presumed to be inadmissible
11in any judicial or administrative proceeding. The State may
12overcome this presumption by proving the applicability of a
13judicially recognized exception to the exclusionary rule of the
14Fourth Amendment to the United States Constitution or Article
15I, Section 6 of the Illinois Constitution, or by a
16preponderance of the evidence that the individual,
17partnership, corporation, association, or the law enforcement
18officer was acting in good faith and reasonably believed that
19one or more of the exceptions identified in Section 10 existed
20at the time that the captured plate information was gathered,
21stored, used, or disclosed.
 
22    Section 40. Reporting. Any law enforcement agency that uses
23automatic license plate reader systems under Section 10 shall:
24    (1) adopt a policy governing use of the system and

 

 

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1conspicuously post the policy on the law enforcement agency's
2Internet Web site;
3    (2) adopt a privacy policy to ensure that captured plate
4data is not shared in violation of this act or any other law
5and conspicuously post the privacy policy on the law
6enforcement agency's Internet Web site;
7    (3) adopt audit procedures relating to the use of ALPR
8system data; and
9    (4) adopt and periodically update a comprehensive training
10program for agency employees who use or have access to ALPR
11system data, which fully trains the employees on safeguards in
12the use of ALPR system data and procedures to adhere to
13policies and procedures governing the use of ALPR system data.