State of Illinois
2015 and 2016


Introduced 2/18/2015, by Sen. Antonio Muņoz


New Act
5 ILCS 140/7  from Ch. 116, par. 207

    Creates the Automated License Plate Recognition System Data Act. Provides a law enforcement agency may only use recorded automated license plate recognition system (ALPR) data and historical ALPR system data for a legitimate law enforcement purpose. ALPR system data and historical ALPR system data may not be used, shared, sold, traded, or exchanged for any other purpose. Requires law enforcement agencies using a automated license plate recognition system to adopt a policy governing use of the system; adopt a privacy policy to ensure that ALPR system data and historical ALPR system data is not used or shared in violation of this Act; adopt audit procedures relating to use of ALPR system data and historical ALPR system data; and adopt and periodically update a comprehensive training program for agency employees who use or have access to ALPR system data and historical ALPR system data, which fully trains the employees on safeguards in use of ALPR system data or historical ALPR system data and procedures to adhere to policies and procedures governing use of ALPR system data or historical ALPR system data. Requires law enforcement agencies to report to the Department of State Police requests for data, any data breech, and audit results. Establishes Department of State Police responsibilities. Prohibits admission of data in a court or administrative proceeding which is used in violation of the Act. Prohibits less restrictive local regulation, including home rule units. Defines terms. Amends the Freedom of Information Act to exempt ALPR system data and historical ALPR system data from disclosure under the Act.

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1    AN ACT concerning automated license plate recognition
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
5    Section 1. Short title. This Act may be cited as the
6Automated License Plate Recognition System Data Act.
7    Section 5. Definitions. For the purpose of this Act:
8    "ALPR system data" means data packets representing
9interpretation by ALPR systems of recorded vehicle license
10plates affixed to vehicles in the field of view of ALPR system
11cameras, with associated global positioning system (GPS)
12coordinates, time and date stamps associated with the capture
13of the data, and any accompanying photographs of the vehicle
14driver and passenger compartments.
15    "Automated license plate recognition system" or "ALPR
16system" means a system of one or more mobile, portable, or
17fixed video cameras using computer algorithms to convert images
18of license plates into automated computer-recognized
19searchable alphanumerical data, including associated servers,
20data normalization technologies, and similar technologies.
21    "Historical ALPR system data" means data recorded by ALPR
22systems that are stored in an authorized ALPR system platform
23superintended by a sanctioned law enforcement agency.



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1    "Law enforcement agency" means an agency of this State,
2another state within the United States, a unit of local
3government, or a political subdivision of any of the preceding,
4which is vested by law or ordinance with the duty to maintain
5public order or to enforce criminal laws and ordinances.
6    "Legitimate law enforcement purpose" means for the purpose
7of the investigation of a criminal offense or violation of
8federal, State, or local law or ordinance by a law enforcement
10    "Secured area" means an area, enclosed by clear boundaries,
11to which access is limited and not open to the public and entry
12is only obtainable through specific access-control points.
13    Section 10. ALPR system data and historical ALPR system
14data protections.
15    (a) A law enforcement agency may only use recorded ALPR
16system data and historical ALPR system data for a legitimate
17law enforcement purpose. ALPR system data and historical ALPR
18system data may not be used, shared, sold, traded, or exchanged
19for any other purpose.
20    (b) ALPR system data and historical ALPR system data shall
21be considered and treated by a law enforcement agency as
22sensitive data, but the data is not in the same category as
23personally identifying information (PII).
24    (c) ALPR system data and historical ALPR system data are
25not subject to disclosure under the Freedom of Information Act.



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1    (d) This Act does not apply to automated license plate
2recognition systems or similar systems:
3        (1) used for electronic toll collection and
4    enforcement;
5        (2) used in government buildings and other locations
6    for security purposes or controlling access to a secured
7    area; and
8        (3) used for private sector collection activities
9    permitted by law or ordinance.
10    Section 15. Use and privacy policy. Any law enforcement
11agency that uses automated license plate recognition systems
13        (1) adopt a policy governing use of the system;
14        (2) adopt a privacy policy to ensure that ALPR system
15    data and historical ALPR system data is not used or shared
16    in violation of this Act;
17        (3) adopt audit procedures relating to use of ALPR
18    system data and historical ALPR system data; and
19        (4) adopt and periodically update a comprehensive
20    training program for agency employees who use or have
21    access to ALPR system data and historical ALPR system data,
22    which fully trains the employees on safeguards in use of
23    ALPR system data or historical ALPR system data and
24    procedures to adhere to policies and procedures governing
25    use of ALPR system data or historical ALPR system data.



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1    Section 20. Law enforcement agency reports. Each law
2enforcement agency using an automated license plate
3recognition system shall prepare and submit to the Department
4of State Police a report on the system and use of data from the
5system on or before October 1 of each calendar year the system
6is used by the agency. The report shall include, but is not
7limited to:
8        (1) the number of requests that resulted in release of
9    ALPR system data or historical ALPR system data;
10        (2) the number of out-of-state requests for ALPR system
11    data or historical ALPR system data;
12        (3) the number of federal agency requests for ALPR
13    system data or historical ALPR system data;
14        (4) information on any data breech that resulted in
15    unauthorized release of ALPR system data or historical ALPR
16    system data; and
17        (5) results of any audits conducted on agency use of
18    ALPR system data or historical ALPR system data.
19    Section 25. Department of State Police responsibilities.
20    The Department of State Police shall:
21        (1) collect and compile reports required under Section
22    20 of this Act from each law enforcement agency using an
23    automated license plate recognition system and submit a
24    report summarizing those reports to the General Assembly on



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1    or before January 1 of each calendar year;
2        (2) in cooperation with other law enforcement agencies
3    develop storage capacity for a statewide ALPR system data
4    or historical ALPR system data platform; and
5        (3) develop a model policy and audit procedures for
6    lawful use of automated license plate recognition systems,
7    ALPR system data, and historical ALPR system data for
8    adoption and use by other law enforcement agencies.
9    Section 30. Admissibility; penalties.
10    (a) If a court finds by a preponderance of the evidence
11that ALPR system data or historical ALPR system data was
12gathered, stored, used, or disclosed in violation of this Act,
13then that information shall be presumed to be inadmissible in
14any judicial or administrative proceeding. The party seeking
15admission of the ALPR system data or historical ALPR system
16data may overcome this presumption by proving the applicability
17of a judicially recognized exception to the exclusionary rule
18of the Fourth Amendment to the United States Constitution or
19Article I, Section 6 of the Illinois Constitution, or by a
20preponderance of the evidence that the law enforcement agency
21was acting in good faith and reasonably believed that one or
22more of the exceptions existed at the time that the ALPR system
23data or historical ALPR system data was gathered, stored, used,
24or disclosed.
25    (b) The Department of State Police shall adopt rules and



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1appropriate penalties for violations of this Act.
2    Section 35. Home rule and other local regulation. Any home
3rule unit of local government, any non-home rule municipality,
4or any non-home rule county within the unincorporated territory
5of the county may regulate automated license plate recognition
6systems and the use of ALPR system data and historical ALPR
7system data, but that regulation must be no less restrictive
8than this Act. This Section is a limitation on the concurrent
9exercise of home rule power under subsection (i) of Section 6
10of Article VII of the Illinois Constitution.
11    Section 100. The Freedom of Information Act is amended by
12changing Section 7 as follows:
13    (5 ILCS 140/7)  (from Ch. 116, par. 207)
14    Sec. 7. Exemptions.
15    (1) When a request is made to inspect or copy a public
16record that contains information that is exempt from disclosure
17under this Section, but also contains information that is not
18exempt from disclosure, the public body may elect to redact the
19information that is exempt. The public body shall make the
20remaining information available for inspection and copying.
21Subject to this requirement, the following shall be exempt from
22inspection and copying:
23        (a) Information specifically prohibited from



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1    disclosure by federal or State law or rules and regulations
2    implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law or
5    a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or more
9    law enforcement agencies regarding the physical or mental
10    status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a clearly
13    unwarranted invasion of personal privacy, unless the
14    disclosure is consented to in writing by the individual
15    subjects of the information. "Unwarranted invasion of
16    personal privacy" means the disclosure of information that
17    is highly personal or objectionable to a reasonable person
18    and in which the subject's right to privacy outweighs any
19    legitimate public interest in obtaining the information.
20    The disclosure of information that bears on the public
21    duties of public employees and officials shall not be
22    considered an invasion of personal privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the extent



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1    that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic accidents, traffic accident
19        reports, and rescue reports shall be provided by
20        agencies of local government, except when disclosure
21        would interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known or
26        disclose internal documents of correctional agencies



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1        related to detection, observation or investigation of
2        incidents of crime or misconduct, and disclosure would
3        result in demonstrable harm to the agency or public
4        body that is the recipient of the request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request; or
9            (viii) disclose ALPR system data or historical
10        ALPR system data as those terms are defined in Section
11        5 of the Automated License Plate Recognition System
12        Data Act.
13        (d-5) A law enforcement record created for law
14    enforcement purposes and contained in a shared electronic
15    record management system if the law enforcement agency that
16    is the recipient of the request did not create the record,
17    did not participate in or have a role in any of the events
18    which are the subject of the record, and only has access to
19    the record through the shared electronic record management
20    system.
21        (e) Records that relate to or affect the security of
22    correctional institutions and detention facilities.
23        (e-5) Records requested by persons committed to the
24    Department of Corrections if those materials are available
25    in the library of the correctional facility where the
26    inmate is confined.



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1        (e-6) Records requested by persons committed to the
2    Department of Corrections if those materials include
3    records from staff members' personnel files, staff
4    rosters, or other staffing assignment information.
5        (e-7) Records requested by persons committed to the
6    Department of Corrections if those materials are available
7    through an administrative request to the Department of
8    Corrections.
9        (f) Preliminary drafts, notes, recommendations,
10    memoranda and other records in which opinions are
11    expressed, or policies or actions are formulated, except
12    that a specific record or relevant portion of a record
13    shall not be exempt when the record is publicly cited and
14    identified by the head of the public body. The exemption
15    provided in this paragraph (f) extends to all those records
16    of officers and agencies of the General Assembly that
17    pertain to the preparation of legislative documents.
18        (g) Trade secrets and commercial or financial
19    information obtained from a person or business where the
20    trade secrets or commercial or financial information are
21    furnished under a claim that they are proprietary,
22    privileged or confidential, and that disclosure of the
23    trade secrets or commercial or financial information would
24    cause competitive harm to the person or business, and only
25    insofar as the claim directly applies to the records
26    requested.



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1        The information included under this exemption includes
2    all trade secrets and commercial or financial information
3    obtained by a public body, including a public pension fund,
4    from a private equity fund or a privately held company
5    within the investment portfolio of a private equity fund as
6    a result of either investing or evaluating a potential
7    investment of public funds in a private equity fund. The
8    exemption contained in this item does not apply to the
9    aggregate financial performance information of a private
10    equity fund, nor to the identity of the fund's managers or
11    general partners. The exemption contained in this item does
12    not apply to the identity of a privately held company
13    within the investment portfolio of a private equity fund,
14    unless the disclosure of the identity of a privately held
15    company may cause competitive harm.
16        Nothing contained in this paragraph (g) shall be
17    construed to prevent a person or business from consenting
18    to disclosure.
19        (h) Proposals and bids for any contract, grant, or
20    agreement, including information which if it were
21    disclosed would frustrate procurement or give an advantage
22    to any person proposing to enter into a contractor
23    agreement with the body, until an award or final selection
24    is made. Information prepared by or for the body in
25    preparation of a bid solicitation shall be exempt until an
26    award or final selection is made.



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1        (i) Valuable formulae, computer geographic systems,
2    designs, drawings and research data obtained or produced by
3    any public body when disclosure could reasonably be
4    expected to produce private gain or public loss. The
5    exemption for "computer geographic systems" provided in
6    this paragraph (i) does not extend to requests made by news
7    media as defined in Section 2 of this Act when the
8    requested information is not otherwise exempt and the only
9    purpose of the request is to access and disseminate
10    information regarding the health, safety, welfare, or
11    legal rights of the general public.
12        (j) The following information pertaining to
13    educational matters:
14            (i) test questions, scoring keys and other
15        examination data used to administer an academic
16        examination;
17            (ii) information received by a primary or
18        secondary school, college, or university under its
19        procedures for the evaluation of faculty members by
20        their academic peers;
21            (iii) information concerning a school or
22        university's adjudication of student disciplinary
23        cases, but only to the extent that disclosure would
24        unavoidably reveal the identity of the student; and
25            (iv) course materials or research materials used
26        by faculty members.



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1        (k) Architects' plans, engineers' technical
2    submissions, and other construction related technical
3    documents for projects not constructed or developed in
4    whole or in part with public funds and the same for
5    projects constructed or developed with public funds,
6    including but not limited to power generating and
7    distribution stations and other transmission and
8    distribution facilities, water treatment facilities,
9    airport facilities, sport stadiums, convention centers,
10    and all government owned, operated, or occupied buildings,
11    but only to the extent that disclosure would compromise
12    security.
13        (l) Minutes of meetings of public bodies closed to the
14    public as provided in the Open Meetings Act until the
15    public body makes the minutes available to the public under
16    Section 2.06 of the Open Meetings Act.
17        (m) Communications between a public body and an
18    attorney or auditor representing the public body that would
19    not be subject to discovery in litigation, and materials
20    prepared or compiled by or for a public body in
21    anticipation of a criminal, civil or administrative
22    proceeding upon the request of an attorney advising the
23    public body, and materials prepared or compiled with
24    respect to internal audits of public bodies.
25        (n) Records relating to a public body's adjudication of
26    employee grievances or disciplinary cases; however, this



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1    exemption shall not extend to the final outcome of cases in
2    which discipline is imposed.
3        (o) Administrative or technical information associated
4    with automated data processing operations, including but
5    not limited to software, operating protocols, computer
6    program abstracts, file layouts, source listings, object
7    modules, load modules, user guides, documentation
8    pertaining to all logical and physical design of
9    computerized systems, employee manuals, and any other
10    information that, if disclosed, would jeopardize the
11    security of the system or its data or the security of
12    materials exempt under this Section.
13        (p) Records relating to collective negotiating matters
14    between public bodies and their employees or
15    representatives, except that any final contract or
16    agreement shall be subject to inspection and copying.
17        (q) Test questions, scoring keys, and other
18    examination data used to determine the qualifications of an
19    applicant for a license or employment.
20        (r) The records, documents, and information relating
21    to real estate purchase negotiations until those
22    negotiations have been completed or otherwise terminated.
23    With regard to a parcel involved in a pending or actually
24    and reasonably contemplated eminent domain proceeding
25    under the Eminent Domain Act, records, documents and
26    information relating to that parcel shall be exempt except



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1    as may be allowed under discovery rules adopted by the
2    Illinois Supreme Court. The records, documents and
3    information relating to a real estate sale shall be exempt
4    until a sale is consummated.
5        (s) Any and all proprietary information and records
6    related to the operation of an intergovernmental risk
7    management association or self-insurance pool or jointly
8    self-administered health and accident cooperative or pool.
9    Insurance or self insurance (including any
10    intergovernmental risk management association or self
11    insurance pool) claims, loss or risk management
12    information, records, data, advice or communications.
13        (t) Information contained in or related to
14    examination, operating, or condition reports prepared by,
15    on behalf of, or for the use of a public body responsible
16    for the regulation or supervision of financial
17    institutions or insurance companies, unless disclosure is
18    otherwise required by State law.
19        (u) Information that would disclose or might lead to
20    the disclosure of secret or confidential information,
21    codes, algorithms, programs, or private keys intended to be
22    used to create electronic or digital signatures under the
23    Electronic Commerce Security Act.
24        (v) Vulnerability assessments, security measures, and
25    response policies or plans that are designed to identify,
26    prevent, or respond to potential attacks upon a community's



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1    population or systems, facilities, or installations, the
2    destruction or contamination of which would constitute a
3    clear and present danger to the health or safety of the
4    community, but only to the extent that disclosure could
5    reasonably be expected to jeopardize the effectiveness of
6    the measures or the safety of the personnel who implement
7    them or the public. Information exempt under this item may
8    include such things as details pertaining to the
9    mobilization or deployment of personnel or equipment, to
10    the operation of communication systems or protocols, or to
11    tactical operations.
12        (w) (Blank).
13        (x) Maps and other records regarding the location or
14    security of generation, transmission, distribution,
15    storage, gathering, treatment, or switching facilities
16    owned by a utility, by a power generator, or by the
17    Illinois Power Agency.
18        (y) Information contained in or related to proposals,
19    bids, or negotiations related to electric power
20    procurement under Section 1-75 of the Illinois Power Agency
21    Act and Section 16-111.5 of the Public Utilities Act that
22    is determined to be confidential and proprietary by the
23    Illinois Power Agency or by the Illinois Commerce
24    Commission.
25        (z) Information about students exempted from
26    disclosure under Sections 10-20.38 or 34-18.29 of the



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1    School Code, and information about undergraduate students
2    enrolled at an institution of higher education exempted
3    from disclosure under Section 25 of the Illinois Credit
4    Card Marketing Act of 2009.
5        (aa) Information the disclosure of which is exempted
6    under the Viatical Settlements Act of 2009.
7        (bb) Records and information provided to a mortality
8    review team and records maintained by a mortality review
9    team appointed under the Department of Juvenile Justice
10    Mortality Review Team Act.
11        (cc) Information regarding interments, entombments, or
12    inurnments of human remains that are submitted to the
13    Cemetery Oversight Database under the Cemetery Care Act or
14    the Cemetery Oversight Act, whichever is applicable.
15        (dd) Correspondence and records (i) that may not be
16    disclosed under Section 11-9 of the Public Aid Code or (ii)
17    that pertain to appeals under Section 11-8 of the Public
18    Aid Code.
19        (ee) The names, addresses, or other personal
20    information of persons who are minors and are also
21    participants and registrants in programs of park
22    districts, forest preserve districts, conservation
23    districts, recreation agencies, and special recreation
24    associations.
25        (ff) The names, addresses, or other personal
26    information of participants and registrants in programs of



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1    park districts, forest preserve districts, conservation
2    districts, recreation agencies, and special recreation
3    associations where such programs are targeted primarily to
4    minors.
5        (gg) Confidential information described in Section
6    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
7        (hh) The report submitted to the State Board of
8    Education by the School Security and Standards Task Force
9    under item (8) of subsection (d) of Section 2-3.160 of the
10    School Code and any information contained in that report.
11    (1.5) Any information exempt from disclosure under the
12Judicial Privacy Act shall be redacted from public records
13prior to disclosure under this Act.
14    (2) A public record that is not in the possession of a
15public body but is in the possession of a party with whom the
16agency has contracted to perform a governmental function on
17behalf of the public body, and that directly relates to the
18governmental function and is not otherwise exempt under this
19Act, shall be considered a public record of the public body,
20for purposes of this Act.
21    (3) This Section does not authorize withholding of
22information or limit the availability of records to the public,
23except as stated in this Section or otherwise provided in this
25(Source: P.A. 97-333, eff. 8-12-11; 97-385, eff. 8-15-11;
2697-452, eff. 8-19-11; 97-783, eff. 7-13-12; 97-813, eff.



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17-13-12; 97-847, eff. 9-22-12; 97-1065, eff. 8-24-12; 97-1129,
2eff. 8-28-12; 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;
398-695, eff. 7-3-14.)