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


Rep. Barbara Flynn Currie

Filed: 4/22/2015





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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 cases in which a member of the campus police
13    department's exercise of the powers of a municipal peace
14    officer or a county sheriff results in the imposition of
15    discipline; however, nothing in this subdivision (2) shall
16    be construed to limit, alter, or modify any of the terms,
17    conditions, or provisions of a collective bargaining
18    agreement existing on the effective date of this amendatory
19    Act of the 99th General Assembly, and nothing in this
20    subdivision (2) precludes a private college or private
21    university and the exclusive bargaining representative
22    from agreeing to and implementing this subdivision (2)
23    prior to the termination of the existing collective
24    bargaining agreement;
25        (3) records regarding labor contract negotiations;
26        (4) wage information;



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1        (5) information about insurance;
2        (6) records relating to all ongoing investigations or
3    security threats the disclosure of which would jeopardize
4    public safety;
5        (7) records relating to students and related
6    disciplinary proceedings and actions, including, but not
7    limited to, those prohibited by the federal Family
8    Educational Rights and Privacy Act of 1974 and the Illinois
9    Health Insurance Portability and Accountability Act;
10        (8) arrest records protected by the Juvenile Court Act
11    of 1987;
12        (9) records relating to campus building access;
13        (10) records, tapes, and other digital media from
14    campus security cameras;
15        (11) non-criminal campus incident reports; and
16        (12) documents exempted from or not subject to the
17    Freedom of Information Act.
18    (d) A person may request records as described in this
19Section, and a campus police department shall make records
20available for public inspection. No fees shall be charged for
21the first 50 pages of black and white, letter or legal-sized
22copies. The fee for black and white, letter or legal-sized
23copies shall not exceed 15 cents per page; for color copies or
24copies of other sizes, the campus police department may charge
25up to its actual cost for reproducing the records. A campus
26police department is not required to copy a record that is



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1published on the department's, college's, or university's
2Internet website. The campus police department shall notify the
3requester that the record is available online and direct the
4requester to the website where the record can be reasonably
6    (e) Each campus police department shall designate one or
7more employees to receive requests submitted to the campus
8police department pursuant to subsection (a) of this Section
9and ensure that the campus police department responds to
10requests within 5 business days, or a different period of time
11if agreed to by the requester and the campus police department.
12The campus police department may notify a requester that the
13department requires an additional 5 business days to respond to
15    (f) Each campus police department that maintains an
16Internet website shall post on its website a brief description
17of the methods whereby the public may request information and
18records. If the campus police department does not maintain a
19website, such information shall be prominently displayed in its
20offices and made available for inspection and copying. A campus
21police department may train employees regarding compliance
22with this Act by using the training program made available by
23the Office of the Attorney General Public Access Counselor.
24    (g) When a request is made to inspect or copy a record that
25contains information that would be exempt from disclosure under
26the Freedom of Information Act (including, but not limited to,



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1exemptions listed in Sections 2.15 and 7 of the Freedom of
2Information Act), the campus police department may redact the
3information subject to the exemptions.
4    (h) Any person denied access to any record required to be
5publicly available under subsection (a) of this Section by a
6campus police department may file a request for review with the
7Public Access Counselor not later than 60 days after the date
8of the denial. The request for review must be in writing,
9signed by the requester, and include (i) a copy of the request
10for access to records and (ii) any responses from the campus
11police department.
12    (i) Upon receipt of a request for review, the Public Access
13Counselor shall determine whether further action is warranted.
14If the Public Access Counselor determines that the alleged
15violation is unfounded, he or she shall so advise the requester
16and the campus police department, and no further action shall
17be undertaken. Unless the Public Access Counselor extends the
18time by no more than 30 business days by sending written notice
19to the requester and the campus police department that includes
20a statement of the reasons for the extension in the notice or
21decides to address the matter without the issuance of a binding
22opinion, the Attorney General shall examine the issues and the
23records, shall make findings of fact and conclusions of law,
24and shall issue to the requester and the campus police
25department an opinion in response to the request for review
26within 60 days after its receipt. The opinion shall be binding



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1upon both the requester and the campus police department,
2subject to review in circuit court. In responding to any
3request under this Section, the Attorney General may exercise
4his or her discretion and choose to resolve a request for
5review by mediation or by a means other than the issuance of a
6binding opinion. The decision not to issue a binding opinion
7shall not be reviewable. Upon receipt of a binding opinion
8concluding that a violation of this Section has occurred, the
9campus police department shall either take necessary action
10immediately to comply with the directive of the opinion or
11shall initiate review proceedings. A binding opinion granting
12or denying in whole or part the request shall be subject to
13review in the circuit court of Cook or Sangamon County.".