HB 3326

Abstract

Amends the Illinois Vehicle Code. Defines "automated license plates reader" (ALPR). Establishes that an ALPR user shall not sell, share, or transfer ALPR information, except to another local law enforcement agency, a local law enforcement agency of the State, the federal government, or a state other than Illinois, and only to the extent necessary to locate a vehicle or person reasonably suspected of being involved in the commission of a crime as defined by State or federal laws. Provides that an ALPR user shall not sell, share, or transfer ALPR information to any state that has enacted laws that deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman for the purposes of investigation or enforcement of that law. Provides that an ALPR user shall only share information obtained through the use of an ALPR with the federal government or a state other than Illinois if the entity requesting the information first discloses to the State entity a criminal predicate necessitating a lawful purpose and that the criminal predicate would be a violation of the laws of the State. Provides that ALPR information shall be retained for a period of only 30 days, after which it must be destroyed, unless particularized information is the subject of a criminal investigation. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law, and an ALPR user shall not sell, share, or transfer ALPR information for any commercial purpose and shall not disclose ALPR information to any entity for the purposes of public disclosure. Makes a conforming change in the Freedom of Information Act. House Floor Amendment No. 4 Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that an automated license plate reader (ALPR) user shall not sell, share, allow access to, or transfer ALPR information to any state for the purpose of investigating or enforcing a law that: (1) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services; or (2) permits the detention or investigation of a person based on the person's immigration status. Provides that any law enforcement agency that uses ALPR systems shall require other out-of-state law enforcement agencies to acknowledge that any shared ALPR images or data generated in the State will not be used in a manner that violates the provisions by executing a written declaration before obtaining that data, and if a written declaration is not executed before sharing or transfer of the data, the law enforcement agency shall not share the ALPR images or data with the out-of-state law enforcement agency. Provides that ALPR information shall be held confidentially to the fullest extent permitted by law. Makes a corresponding change in the Freedom of Information Act. Senate Committee Amendment No. 1 Provides that an ALPR user shall not sell, share, allow access to, or transfer ALPR information to any state or local jurisdiction for the purpose of investigating or enforcing a law that: (i) denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services as defined by the Lawful Health Care Activity Act; or (ii) permits the detention or investigation of a person based on the person's immigration status. Provides that any ALPR user in this State, including any law enforcement agency of this State that uses ALPR systems, shall not share ALPR information with an out-of-state law enforcement agency without first obtaining a written declaration from the out-of-state law enforcement agency that it expressly affirms that ALPR information obtained shall not be used in a manner that violates the Act. Provides that if a written declaration of affirmation is not executed, the law enforcement agency shall not share the ALPR information with the out-of-state law enforcement agency. Restricts provisions as provided from limiting rights under the Reproductive Health Act. Defines terms.