Rep. Peter Breen

Filed: 3/23/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3289

2    AMENDMENT NO. ______. Amend House Bill 3289 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1high-speed cameras used in combination with computer
2algorithms to convert images of license plates into
3computer-readable data.
4    "Captured plate data" means the GPS coordinates, date and
5time, photograph, license plate number, and any other data
6captured by or derived from any ALPR system.
7    "Law enforcement agency" means any agency of this State or
8a unit of local government which is vested by law or ordinance
9with the duty to maintain public order and to enforce criminal
10laws and ordinances.
11    "Law enforcement officer" means any officer, agent, or
12employee of this State or a unit of local government authorized
13by law or by a government agency to engage in or supervise the
14prevention, detection, or investigation of any violation of
15criminal law, or authorized by law to supervise sentenced
16criminal offenders.
17    "Look-out order" means an order received or initiated by a
18law enforcement agency to look out for a particular person
19reasonably suspected of being a threat to public safety or
20engaged in criminal activity.
 
21    Section 10. Allowable uses of ALPR systems. Except as
22otherwise provided in this Section, a person acting under the
23color of State law may not use any ALPR system. An ALPR systems
24may be used:
25        (1) for electronic toll collection;

 

 

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1        (2) for traffic enforcement;
2        (3) by parking enforcement entities for regulating the
3    use of parking facilities;
4        (4) for controlling access to secured areas that have
5    clear boundaries, entry only through specific controlled
6    points, and limited access;
7        (5) for the purpose of conducting criminal
8    investigations upon an officer's determination that the
9    vehicles or individuals associated with the license plate
10    numbers are relevant and material to an ongoing criminal
11    investigation; or
12        (6) by law enforcement agencies for the comparison of
13    captured plate data with information contained in
14    databases maintained by the Secretary of State of this
15    State or by federal, State, or local law enforcement
16    agencies, and with license plate numbers that have been
17    manually entered into an ALPR system upon an officer's
18    determination that the vehicles or individuals associated
19    with the license plate numbers are relevant and material to
20    an ongoing criminal or missing person investigation, for
21    the purpose of identifying:
22            (A) vehicles that are stolen, or in violation of
23        any registration or inspection requirements;
24            (B) persons who are missing, or the subject of an
25        arrest warrant, look-out order, traffic citation, or
26        parking citation; or

 

 

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

 

 

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1license plate numbers are relevant and material to an ongoing
2criminal or missing persons investigation and subject to the
3following limitations:
4        (1) any manual entry must document the reason for the
5    entry; and
6        (2) manual entries must be purged after 48 hours,
7    unless an officer determines that the vehicle or
8    individuals associated with the license plate numbers
9    continue to be relevant and material to an ongoing criminal
10    or missing persons investigation.
 
11    Section 20. Preservation and disclosure.
12    (a) An operator of an automatic license plate reader
13system, upon the request of a law enforcement agency or a
14defendant in a criminal case, shall take all necessary steps to
15preserve captured plate data in its possession for 30 days
16pending the issuance of a court order under Section (b). A
17requesting governmental entity or defendant in a criminal case
18must specify in a written sworn statement:
19        (1) the particular camera or cameras for which captured
20    plate data must be preserved or the particular license
21    plate for which captured plate data must be preserved; and
22        (2) the date or dates and timeframes for which captured
23    plate data must be preserved.
24    (b) A law enforcement agency or defendant in a criminal
25case may apply for a court order for disclosure of captured

 

 

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

 

 

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1in paragraph (3) of Section 10 only if the private automatic
2license plate reader system retains captured plate data for 30
3days or fewer.
4    (b) A law enforcement agency may obtain, receive, or use
5privately-held captured plate data for the purposes described
6in paragraphs (5) and (6) of Section 10 under a court order,
7only if the law enforcement agency offers specific and
8articulable facts showing that there are reasonable grounds to
9believe that the captured plate data is relevant and material
10to an ongoing criminal or missing person investigation or
11criminal prosecution, and only if the private automatic license
12plate reader system retains captured plate data for 30 days or
13less.
 
14    Section 35. Admissibility. If a court finds by a
15preponderance of the evidence that captured plate information
16was gathered, stored, used, or disclosed in violation of this
17Act, then that information shall be presumed to be inadmissible
18in any judicial or administrative proceeding. The State may
19overcome this presumption by proving the applicability of a
20judicially recognized exception to the exclusionary rule of the
21Fourth Amendment to the United States Constitution or Article
22I, Section 6 of the Illinois Constitution, or by a
23preponderance of the evidence that the individual,
24partnership, corporation, association, or the law enforcement
25officer was acting in good faith and reasonably believed that

 

 

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1one or more of the exceptions identified in Section 10 existed
2at the time that the captured plate information was gathered,
3stored, used, or disclosed.
 
4    Section 40. Reporting. Any law enforcement agency that uses
5automatic license plate reader systems under Section 10 shall:
6    (1) adopt a policy governing use of the system and
7conspicuously post the policy on the law enforcement agency's
8Internet Web site;
9    (2) adopt a privacy policy to ensure that captured plate
10data is not shared in violation of this act or any other law
11and conspicuously post the privacy policy on the law
12enforcement agency's Internet Web site;
13    (3) adopt audit procedures relating to the use of ALPR
14system data; and
15    (4) adopt and periodically update a comprehensive training
16program for agency employees who use or have access to ALPR
17system data, which fully trains the employees on safeguards in
18the use of ALPR system data and procedures to adhere to
19policies and procedures governing the use of ALPR system
20data.".