Full Text of HB3289 99th General Assembly
HB3289ham001 99TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Freedom from Automatic License Plate Reader Surveillance Act. | 6 | | Section 5. Definitions. For the purpose of this Act:
| 7 | | "Alert" means information contained in databases | 8 | | maintained by the Secretary of State of this State or by | 9 | | federal, State, or local law enforcement agencies, and license | 10 | | plate numbers that have been manually entered into the ALPR | 11 | | system upon an officer's determination that the vehicles or | 12 | | individuals associated with the license plate numbers are | 13 | | relevant and material to an ongoing criminal or missing person | 14 | | investigation. | 15 | | "Automatic license plate reader system" or "ALPR system" | 16 | | means a system of one or more mobile or fixed automatic |
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| 1 | | high-speed cameras used in combination with computer | 2 | | algorithms to convert images of license plates into | 3 | | computer-readable data. | 4 | | "Captured plate data" means the GPS coordinates, date and | 5 | | time, photograph, license plate number, and any other data | 6 | | captured by or derived from any ALPR system. | 7 | | "Law enforcement agency" means any agency of this State or | 8 | | a unit of local government which is vested by law or ordinance | 9 | | with the duty to maintain public order and to enforce criminal | 10 | | laws and ordinances. | 11 | | "Law enforcement officer" means any officer, agent, or | 12 | | employee of this State or a unit of local government authorized | 13 | | by law or by a government agency to engage in or supervise the | 14 | | prevention, detection, or investigation of any violation of | 15 | | criminal law, or authorized by law to supervise sentenced | 16 | | criminal offenders. | 17 | | "Look-out order" means an order received or initiated by a | 18 | | law enforcement agency to look out for a particular person | 19 | | reasonably suspected of being a threat to public safety or | 20 | | engaged in criminal activity. | 21 | | Section 10. Allowable uses of ALPR systems. Except as | 22 | | otherwise provided in this Section, a person acting under the | 23 | | color of State law may not use any ALPR system. An ALPR systems | 24 | | may 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 | 5 | | under paragraph (6) of Section 10 shall not be used, shared, | 6 | | sold, traded, or exchanged for any other purpose and shall not | 7 | | be preserved for more than 30 days by a law enforcement agency | 8 | | except 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 | 19 | | under paragraph (6) of Section 10 must update that system from | 20 | | the databases described in paragraph (6) of Section 10 at the | 21 | | beginning of each shift if the updates are available. | 22 | | (c) Any law enforcement agency that uses an ALPR system | 23 | | under paragraph (6) of Section 10 may manually enter license | 24 | | plate numbers into the ALPR system only if an officer | 25 | | determines that the vehicle or individuals associated with the |
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| 1 | | license plate numbers are relevant and material to an ongoing | 2 | | criminal or missing persons investigation and subject to the | 3 | | following 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 | 13 | | system, upon the request of a law enforcement agency or a | 14 | | defendant in a criminal case, shall take all necessary steps to | 15 | | preserve captured plate data in its possession for 30 days | 16 | | pending the issuance of a court order under Section (b).
A | 17 | | requesting governmental entity or defendant in a criminal case | 18 | | must 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 | 25 | | case may apply for a court order for disclosure of captured |
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| 1 | | plate data which shall be issued by any court that is a court | 2 | | of competent jurisdiction if the law enforcement agency or | 3 | | defendant in a criminal case offers specific and articulable | 4 | | facts showing that there are reasonable grounds to believe that | 5 | | the captured plate data is relevant and material to an ongoing | 6 | | criminal or missing persons investigation or criminal | 7 | | prosecution. | 8 | | (c) Captured plate data held by a law enforcement agency | 9 | | shall be destroyed if the application for an order under | 10 | | Section (b) of this Section is denied or at the end of 30 days, | 11 | | whichever is later.
| 12 | | Section 25. Allowable uses of all other captured plate | 13 | | data. If an ALPR system captures plate information under | 14 | | paragraph (1), (2), (3), (4), or (5) of Section 10 of this Act, | 15 | | then 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 | 24 | | privately-held captured plate data for the purposes described |
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| 1 | | in paragraph (3) of Section 10 only if the private automatic | 2 | | license plate reader system retains captured plate data for 30 | 3 | | days or fewer.
| 4 | | (b) A law enforcement agency may obtain, receive, or use | 5 | | privately-held captured plate data for the purposes described | 6 | | in paragraphs (5) and (6) of Section 10 under a court order, | 7 | | only if the law enforcement agency offers specific and | 8 | | articulable facts showing that there are reasonable grounds to | 9 | | believe that the captured plate data is relevant and material | 10 | | to an ongoing criminal or missing person investigation or | 11 | | criminal prosecution, and only if the private automatic license | 12 | | plate reader system retains captured plate data for 30 days or | 13 | | less.
| 14 | | Section 35. Admissibility. If a court finds by a | 15 | | preponderance of the evidence that captured plate information | 16 | | was gathered, stored, used, or disclosed in violation of this | 17 | | Act, then that information shall be presumed to be inadmissible | 18 | | in any judicial or administrative proceeding. The State may | 19 | | overcome this presumption by proving the applicability of a | 20 | | judicially recognized exception to the exclusionary rule of the | 21 | | Fourth Amendment to the United States Constitution or Article | 22 | | I, Section 6 of the Illinois Constitution, or by a | 23 | | preponderance of the evidence that the individual, | 24 | | partnership, corporation, association, or the law enforcement | 25 | | officer was acting in good faith and reasonably believed that |
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| 1 | | one or more of the exceptions identified in Section 10 existed | 2 | | at the time that the captured plate information was gathered, | 3 | | stored, used, or disclosed. | 4 | | Section 40. Reporting.
Any law enforcement agency that uses | 5 | | automatic license plate reader systems under Section 10 shall:
| 6 | | (1) adopt a policy governing use of the system and | 7 | | conspicuously post the policy on the law enforcement agency's | 8 | | Internet Web site; | 9 | | (2) adopt a privacy policy to ensure that captured plate | 10 | | data is not shared in violation of this act or any other law | 11 | | and conspicuously post the privacy policy on the law | 12 | | enforcement agency's Internet Web site; | 13 | | (3) adopt audit procedures relating to the use of ALPR | 14 | | system data; and | 15 | | (4) adopt and periodically update a comprehensive training | 16 | | program for agency employees who use or have access to ALPR | 17 | | system data, which fully trains the employees on safeguards in | 18 | | the use of ALPR system data and procedures to adhere to | 19 | | policies and procedures governing the use of ALPR system | 20 | | data.".
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