HB1103 EngrossedLRB102 03117 RLC 13130 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) (ccc) Information that is prohibited from 
2 disclosure by the Illinois Police Training Act and the 
3 Illinois State Police Act. 
4  (ccc) (ddd) Records exempt from disclosure under 
5 Section
2605-304 of the Illinois Department of State 
6 Police Law of the Civil
Administrative Code of Illinois. 
7  (ddd) (bbb) Information prohibited from being 
8 disclosed under Section 35 of the Address Confidentiality 
9 for Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) (ddd) Information prohibited from being 
12 disclosed under subsection (b) of Section 75 of the 
13 Domestic Violence Fatality Review Act. 
14  (fff) Information that is exempt from disclosure under 
15 the Expressway Camera Act. 
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
23102-559, eff. 8-20-21; revised 10-5-21.)

24 Section 10. The Illinois Criminal Justice Information Act 
25is amended by adding Section 7.10 as follows:

 
 
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1 (20 ILCS 3930/7.10 new)
2 Sec. 7.10. Pilot program; residential security camera 
3footage incentive.
4 (a) In this Section, "Residential security camera" means 
5any electronic device set in a fixed position outside of a 
6dwelling place that is capable of recording or transmitting 
7video or audio. 
8 (b) Subject to appropriation, the Authority shall 
9establish a pilot program to award $100 to any individual who 
10supplies video or audio footage from the individual's 
11residential security camera that materially contributes to a 
12criminal conviction. The Authority shall distribute the award 
13to the law enforcement agency investigating or the State's 
14Attorney prosecuting the crime, who shall pay the individual 
15directly. To be eligible for an award under the pilot program, 
16the State's Attorney that prosecuted the offender must certify 
17to the Authority that (i) the individual supplied video or 
18audio footage from the individual's residential security 
19camera and (ii) the video or audio footage supplied by the 
20individual materially contributed to the criminal conviction 
21of an offender. The video and audio footage shall be subject to 
22the Protecting Household Privacy Act. The pilot program shall 
23terminate after a total of $1,000,000 has been awarded under 
24the pilot program. The Authority may adopt rules to implement 
25and administer the pilot program. 
 
 
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1 (c) The Authority shall also collect data regarding the 
2pilot program, including, but not limited to: 
3  (1) the number of instances in which camera-captured 
4 information was provided to police; 
5  (2) a geographic breakdown of where camera-captured 
6 information originated; 
7  (3) the number of instances in which camera-captured 
8 information was used as evidence in a judicial proceeding 
9 or trial; 
10  (4) the number of times the $100 award was paid to any 
11 individual under the pilot program; and 
12  (5) the instances in which camera-captured information 
13 led to a successful conviction. 
14 (d) This Section is repealed on July 1, 2025. 

15 Section 15. The Expressway Camera Act is amended by 
16changing Section 5 as follows:

17 (605 ILCS 140/5)

18 (Section scheduled to be repealed on July 1, 2023)
19 Sec. 5. Camera program. 
20 (a) The Illinois State Police, the Illinois Department of

21Transportation, and the Illinois State Toll Highway Authority

22shall work together to conduct a program to increase the 
23amount
of cameras along expressways and the State highway 
24system in the counties of Boone, Bureau, Champaign, Cook, 
 
 
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1DeKalb, DuPage, Grundy, Henry, Kane, Kendall, Lake, LaSalle, 
2Macon, Madison, McHenry, Morgan, Peoria, Rock Island, 
3Sangamon, St. Clair, Will, and Winnebago Cook County.
4 (b) Images from the cameras may be used by any authorized 
5municipal police department, county sheriff's office, State 
6Police officer, or other law enforcement agency with 
7jurisdiction over the expressway in Cook County in the 
8investigation of any forcible felony, including, but not 
9limited to, offenses offense involving the use of a firearm; 
10and to detect expressway hazards and highway conditions; and 
11to facilitate highway safety and incident management. Images 
12from the cameras shall not be used to enforce petty offenses. 
13Images from the cameras may be used
by any law enforcement 
14agency conducting an active law
enforcement investigation. 
15Images from the cameras are exempt from disclosure under the 
16Freedom of Information Act. All images from the cameras must 
17be deleted within 180 days, unless the images are relevant to 
18an ongoing investigation or pending criminal trial. Cameras 
19shall not be used to monitor individuals or groups in a 
20discriminatory manner contrary to applicable State or federal 
21law.
22 (b-5) Each law enforcement agency shall report statistics 
23to the Illinois Criminal Justice Information Authority. No 
24later than June 30, 2023, the Illinois Criminal Justice 
25Information Authority shall issue a report concerning the 
26instances in which camera-captured information lead to a 
 
 
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1successful conviction. 
2 (c) Subject to appropriation, any funds needed to conduct 
3the program for use on expressways under the jurisdiction of 
4the Department of Transportation shall be taken from the Road 
5Fund and shall be included in requests for qualification 
6processes. Any funds needed to conduct the program for use on 
7expressways under the jurisdiction of the Illinois State Toll 
8Highway Authority shall be paid for by funds from the Illinois 
9State Tollway Highway Authority and shall be included in 
10requests for qualification processes.
11 (c-5) Any forcible felony, gunrunning, or firearms 
12trafficking offense, as defined in Section 2-8, 24-3a, or 
1324-3b of the Criminal Code of 2012, respectively, committed on 
14an expressway monitored by a camera system funded by money 
15from the Road Fund and investigated by officers of the 
16Illinois State Police may be prosecuted by the Attorney 
17General or the State's Attorney where the offense was 
18committed.
19 (d) As used in this Section, "expressway" has the meaning 
20provided in Section 1-119.3 of the Illinois Vehicle Code.

21(Source: P.A. 101-42, eff. 1-1-20.)