Illinois General Assembly - Full Text of HB3932
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Full Text of HB3932  99th General Assembly


Rep. Barbara Flynn Currie

Filed: 4/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 3932, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Private College Campus Police Act is
6amended by adding Section 1.5 as follows:
7    (110 ILCS 1020/1.5 new)
8    Sec. 1.5. Records.
9    (a) Information and records in the custody or possession of
10a campus police department subject to this Act shall be open to
11inspection or copying as described in this Section to the
12extent the information and records relate to the members of the
13campus police department's exercise of the powers of municipal
14peace officers or county sheriffs, as provided in Section 1 of
15this Act.
16    (b) The following records are subject to inspection and



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1copying under subsection (a) of this Section:
2        (1) traffic stop and field contact information,
3    including, but not limited to, date, time, location, reason
4    for the stop, whether a search was conducted, disposition,
5    and race and gender of the person stopped;
6        (2) department directives;
7        (3) daily crime log information for all crimes reported
8    to the campus police department that is maintained pursuant
9    to the federal Jeanne Clery Disclosure of Campus Security
10    Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f)
11    and its implementing regulations, including, but not
12    limited to, the date the crime was reported, the date and
13    time the crime occurred, the nature and location of the
14    crime, and the disposition of the complaint, if known;
15        (4) arrest report information, including, but not
16    limited to, information that identifies the arrestee, when
17    and if available, information detailing any charges
18    relating to the arrest, the time and location of the
19    arrest, the name of the investigating or arresting law
20    enforcement agency, if the individual is detained, the
21    amount of any bail or bond, and the time and date that the
22    individual was received into, discharged from, or
23    transferred from the arresting agency's custody;
24        (5) broadcast radio communications between or among
25    officers and dispatchers of the campus police department
26    concerning traffic stops, field contacts, and arrests; and



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1        (6) crime data and statistics that are required to be
2    reported pursuant to the federal Jeanne Clery Disclosure of
3    Campus Security Policy and Campus Crime Statistics Act.
4    (c) The following records are not subject to inspection and
5copying under subsection (a) of this Section:
6        (1) records that are in the custody or possession of a
7    campus police department that do not pertain to the
8    exercise of power of a municipal peace officer or county
9    sheriff;
10        (2) records regarding employment matters, including
11    grievances and disciplinary matters, unless such records
12    relate to a member of the campus police department's
13    exercise of the powers of a municipal peace officer and a
14    county sheriff;
15        (3) records regarding labor contract negotiations;
16        (4) wage information;
17        (5) information about insurance;
18        (6) records relating to all ongoing investigations or
19    security threats the disclosure of which would jeopardize
20    public safety;
21        (7) records relating to students and related
22    disciplinary proceedings and actions, including, but not
23    limited to, those prohibited by the federal Family
24    Educational Rights and Privacy Act of 1974 and the Illinois
25    Health Insurance Portability and Accountability Act;
26        (8) arrest records protected by the Juvenile Court Act



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1    of 1987;
2        (9) records relating to campus building access;
3        (10) records, tapes, and other digital media from
4    campus security cameras;
5        (11) non-criminal campus incident reports; and
6        (12) documents exempted from or not subject to the
7    Freedom of Information Act.
8    (d) A person may request records as described in this
9Section, and a campus police department shall make records
10available for public inspection. No fees shall be charged for
11the first 50 pages of black and white, letter or legal-sized
12copies. The fee for black and white, letter or legal-sized
13copies shall not exceed 15 cents per page; for color copies or
14copies of other sizes, the campus police department may charge
15up to its actual cost for reproducing the records. A campus
16police department is not required to copy a record that is
17published on the department's, college's, or university's
18Internet website. The campus police department shall notify the
19requester that the record is available online and direct the
20requester to the website where the record can be reasonably
22    (e) Each campus police department shall designate one or
23more employees to receive requests submitted to the campus
24police department pursuant to subsection (a) of this Section
25and ensure that the campus police department responds to
26requests within 5 business days, or a different period of time



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1if agreed to by the requester and the campus police department.
2The campus police department may notify a requester that the
3department requires an additional 5 business days to respond to
5    (f) Each campus police department that maintains an
6Internet website shall post on its website a brief description
7of the methods whereby the public may request information and
8records. If the campus police department does not maintain a
9website, such information shall be prominently displayed in its
10offices and made available for inspection and copying. A campus
11police department may train employees regarding compliance
12with this Act by using the training program made available by
13the Office of the Attorney General Public Access Counselor.
14    (g) When a request is made to inspect or copy a record that
15contains information that would be exempt from disclosure under
16the Freedom of Information Act (including, but not limited to,
17exemptions listed in Sections 2.15 and 7 of the Freedom of
18Information Act), the campus police department may redact the
19information subject to the exemptions.
20    (h) Any person denied access to any record required to be
21publicly available under subsection (a) of this Section by a
22campus police department may file a request for review with the
23Public Access Counselor not later than 60 days after the date
24of the denial. The request for review must be in writing,
25signed by the requester, and include (i) a copy of the request
26for access to records and (ii) any responses from the campus



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1police department.
2    (i) Upon receipt of a request for review, the Public Access
3Counselor shall determine whether further action is warranted.
4If the Public Access Counselor determines that the alleged
5violation is unfounded, he or she shall so advise the requester
6and the campus police department, and no further action shall
7be undertaken. Unless the Public Access Counselor extends the
8time by no more than 30 business days by sending written notice
9to the requester and the campus police department that includes
10a statement of the reasons for the extension in the notice or
11decides to address the matter without the issuance of a binding
12opinion, the Attorney General shall examine the issues and the
13records, shall make findings of fact and conclusions of law,
14and shall issue to the requester and the campus police
15department an opinion in response to the request for review
16within 60 days after its receipt. The opinion shall be binding
17upon both the requester and the campus police department,
18subject to review in circuit court. In responding to any
19request under this Section, the Attorney General may exercise
20his or her discretion and choose to resolve a request for
21review by mediation or by a means other than the issuance of a
22binding opinion. The decision not to issue a binding opinion
23shall not be reviewable. Upon receipt of a binding opinion
24concluding that a violation of this Section has occurred, the
25campus police department shall either take necessary action
26immediately to comply with the directive of the opinion or



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1shall initiate review proceedings. A binding opinion granting
2or denying in whole or part the request shall be subject to
3review in the circuit court of Cook or Sangamon County.".