Sen. Sara Feigenholtz

Filed: 4/8/2022

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1
AMENDMENT TO HOUSE BILL 260
2 AMENDMENT NO. ______. Amend House Bill 260 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Expressway Camera Act is amended by
5changing Sections 5 and 90 and by adding Section 3 as follows:
6 (605 ILCS 140/3 new)
7 Sec. 3. Definitions. As used in this Act:
8 "Aggravated vehicular hijacking" has the meaning provided
9in Section 18-4 of the Criminal Code of 2012.
10 "Authorized user" means a designated peace officer or
11member of law enforcement personnel who has received training
12in the review and use of images and associated technology.
13 "Expressway" has the meaning provided in Section 1-119.3
14of the Illinois Vehicle Code.
15 "Forcible felony" means the following offenses: treason,
16first degree murder, second degree murder, predatory criminal

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1sexual assault of a child, aggravated criminal sexual assault,
2criminal sexual assault, robbery, burglary, residential
3burglary, aggravated arson, arson, aggravated kidnaping,
4kidnaping, and aggravated battery resulting in great bodily
5harm or permanent disability or disfigurement.
6 "Terrorism" has the meaning provided in Section 29D-14.9
7of the Criminal Code of 2012.
8 "Vehicular hijacking" has the meaning provided in Section
918-3 of the Criminal Code of 2012.
10 (605 ILCS 140/5)
11 (Section scheduled to be repealed on July 1, 2023)
12 Sec. 5. Camera program.
13 (a) The Illinois State Police, the Illinois Department of
14Transportation, and the Illinois State Toll Highway Authority
15shall work together to conduct a program to increase the
16amount of cameras along expressways and Jean-Baptiste Pointe
17DuSable Lake Shore Drive in Cook County. Within 90 days after
18the effective date of this amendatory Act of the 102nd General
19Assembly, details about the program objectives, counties where
20the program is operational, and policies under which the
21program operates shall be made publicly available and posted
22online.
23 (b) Images from the cameras may be extracted used by any
24authorized user and used by any municipal police department,
25county sheriff's office, State Police officer, or other law

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1enforcement agency with jurisdiction over the expressway in
2Cook County in the investigation of any offenses involving
3vehicular hijacking, aggravated vehicular hijacking,
4terrorism, or any forcible felony, including, but not limited
5to, offenses offense involving the use of a firearm; and to
6detect expressway hazards and highway conditions; and to
7facilitate highway safety and incident management. Images from
8the cameras shall not be used to enforce petty offenses or
9offenses not listed in this subsection. Images from the
10cameras may be used by any law enforcement agency conducting
11an active law enforcement investigation. Images from the
12cameras are exempt from disclosure under the Freedom of
13Information Act. All images from the cameras shall be deleted
14within 120 days, unless the images are relevant to an ongoing
15investigation or pending criminal trial. Cameras shall not be
16used to monitor individuals or groups in a discriminatory
17manner contrary to applicable State or federal law.
18 (b-5) By June 30th of each year, the Illinois State
19Police, the Illinois Department of Transportation, and the
20Illinois State Toll Highway Authority shall issue a joint
21report to the General Assembly detailing the program
22operations, including, but not limited to:
23 (1) the cost of installation of cameras by county;
24 (2) the cost of ongoing maintenance of the camera
25 systems per county, including electrical costs and data
26 transfer costs;

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1 (3) the number of inquiries where the investigation
2 involved the criminal offenses outlined in subsection (b);
3 and
4 (4) the number of incidents in which law enforcement
5 searched the stored data for the criminal offenses
6 outlined in subsection (b).
7 (c) Subject to appropriation, any funds needed to conduct
8the program for use on expressways under the jurisdiction of
9the Department of Transportation shall be taken from the Road
10Fund.
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) (Blank). As used in this Section, "expressway" has the
20meaning provided in Section 1-119.3 of the Illinois Vehicle
21Code.
22(Source: P.A. 101-42, eff. 1-1-20.)
23 (605 ILCS 140/90)
24 (Section scheduled to be repealed on July 1, 2023)
25 Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.

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1(Source: P.A. 101-42, eff. 1-1-20.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.".