Illinois General Assembly - Bill Status for HB3289

Creates the Automated License Plate Recognition System Act. Defines "automated license plate recognition system" and limits the use of such systems to use by law enforcement personnel and their agencies for use in an ongoing investigation. Provides that data collected from use of the system may only be kept for 30 days after it was obtained unless necessary for an ongoing investigation. Provides that a violation of the Act is a Class A misdemeanor.

Replaces everything after the enacting clause. 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.

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. Provides that an ALPR system may be used for enforcement of violations for non-payment of tolls. Provides that ALPR system captured plate data is not subject to disclosure under the Freedom of Information Act, unless the disclosure is consented to in writing by the individual subjects of the information. Deletes provision that limits the obtaining, receipt, or use by a law enforcement agency of privately-held captured plate data for criminal investigations to a court order only if the law enforcement agency offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing person investigation or criminal prosecution. Provides that a law enforcement agency or defendant in a criminal case may apply for a court order for disclosure of private ALPR captured plate data if a warrant is issued for a forcible felony, including first degree murder and child abduction, which shall be issued by any court of competent jurisdiction if the law enforcement agency or defendant in a criminal case offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data is relevant and material to an ongoing criminal or missing persons investigation or criminal prosecution. Provides that the plate data may be retained for 30 months (rather than 30 days). Amends the Freedom of Information Act to make conforming changes.

×