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

19  (t) All identified or deidentified health information 
20 in the form of health data or medical records contained 
21 in, stored in, submitted to, transferred by, or released 
22 from the Illinois Health Information Exchange, and 
23 identified or deidentified health information in the form 
24 of health data and medical records of the Illinois Health 
25 Information Exchange in the possession of the Illinois 
26 Health Information Exchange Office due to its 
 
 
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1 administration of the Illinois Health Information 
2 Exchange. The terms "identified" and "deidentified" shall 
3 be given the same meaning as in the Health Insurance 
4 Portability and Accountability Act of 1996, Public Law 
5 104-191, or any subsequent amendments thereto, and any 
6 regulations promulgated thereunder. 
7  (u) Records and information provided to an independent 
8 team of experts under the Developmental Disability and 
9 Mental Health Safety Act (also known as Brian's Law). 
10  (v) Names and information of people who have applied 
11 for or received Firearm Owner's Identification Cards under 
12 the Firearm Owners Identification Card Act or applied for 
13 or received a concealed carry license under the Firearm 
14 Concealed Carry Act, unless otherwise authorized by the 
15 Firearm Concealed Carry Act; and databases under the 
16 Firearm Concealed Carry Act, records of the Concealed 
17 Carry Licensing Review Board under the Firearm Concealed 
18 Carry Act, and law enforcement agency objections under the 
19 Firearm Concealed Carry Act. 
20  (v-5) Records of the Firearm Owner's Identification 
21 Card Review Board that are exempted from disclosure under 
22 Section 10 of the Firearm Owners Identification Card Act.
23  (w) Personally identifiable information which is 
24 exempted from disclosure under subsection (g) of Section 
25 19.1 of the Toll Highway Act.
26  (x) Information which is exempted from disclosure 
 
 
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1 under Section 5-1014.3 of the Counties Code or Section 
2 8-11-21 of the Illinois Municipal Code. 
3  (y) Confidential information under the Adult 
4 Protective Services Act and its predecessor enabling 
5 statute, the Elder Abuse and Neglect Act, including 
6 information about the identity and administrative finding 
7 against any caregiver of a verified and substantiated 
8 decision of abuse, neglect, or financial exploitation of 
9 an eligible adult maintained in the Registry established 
10 under Section 7.5 of the Adult Protective Services Act. 
11  (z) Records and information provided to a fatality 
12 review team or the Illinois Fatality Review Team Advisory 
13 Council under Section 15 of the Adult Protective Services 
14 Act. 
15  (aa) Information which is exempted from disclosure 
16 under Section 2.37 of the Wildlife Code. 
17  (bb) Information which is or was prohibited from 
18 disclosure by the Juvenile Court Act of 1987. 
19  (cc) Recordings made under the Law Enforcement 
20 Officer-Worn Body Camera Act, except to the extent 
21 authorized under that Act.
22  (dd) Information that is prohibited from being 
23 disclosed under Section 45 of the Condominium and Common 
24 Interest Community Ombudsperson Act. 
25  (ee) Information that is exempted from disclosure 
26 under Section 30.1 of the Pharmacy Practice Act. 
 
 
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1  (ff) Information that is exempted from disclosure 
2 under the Revised Uniform Unclaimed Property Act. 
3  (gg) Information that is prohibited from being 
4 disclosed under Section 7-603.5 of the Illinois Vehicle 
5 Code. 
6  (hh) Records that are exempt from disclosure under 
7 Section 1A-16.7 of the Election Code. 
8  (ii) Information which is exempted from disclosure 
9 under Section 2505-800 of the Department of Revenue Law of 
10 the Civil Administrative Code of Illinois. 
11  (jj) Information and reports that are required to be 
12 submitted to the Department of Labor by registering day 
13 and temporary labor service agencies but are exempt from 
14 disclosure under subsection (a-1) of Section 45 of the Day 
15 and Temporary Labor Services Act. 
16  (kk) Information prohibited from disclosure under the 
17 Seizure and Forfeiture Reporting Act. 
18  (ll) Information the disclosure of which is restricted 
19 and exempted under Section 5-30.8 of the Illinois Public 
20 Aid Code. 
21  (mm) Records that are exempt from disclosure under 
22 Section 4.2 of the Crime Victims Compensation Act. 
23  (nn) Information that is exempt from disclosure under 
24 Section 70 of the Higher Education Student Assistance Act. 
25  (oo) Communications, notes, records, and reports 
26 arising out of a peer support counseling session 
 
 
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1 prohibited from disclosure under the First Responders 
2 Suicide Prevention Act. 
3  (pp) Names and all identifying information relating to 
4 an employee of an emergency services provider or law 
5 enforcement agency under the First Responders Suicide 
6 Prevention Act. 
7  (qq) Information and records held by the Department of 
8 Public Health and its authorized representatives collected 
9 under the Reproductive Health Act. 
10  (rr) Information that is exempt from disclosure under 
11 the Cannabis Regulation and Tax Act. 
12  (ss) Data reported by an employer to the Department of 
13 Human Rights pursuant to Section 2-108 of the Illinois 
14 Human Rights Act.
15  (tt) Recordings made under the Children's Advocacy 
16 Center Act, except to the extent authorized under that 
17 Act. 
18  (uu) Information that is exempt from disclosure under 
19 Section 50 of the Sexual Assault Evidence Submission Act. 
20  (vv) Information that is exempt from disclosure under 
21 subsections (f) and (j) of Section 5-36 of the Illinois 
22 Public Aid Code. 
23  (ww) Information that is exempt from disclosure under 
24 Section 16.8 of the State Treasurer Act. 
25  (xx) Information that is exempt from disclosure or 
26 information that shall not be made public under the 
 
 
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1 Illinois Insurance Code. 
2  (yy) Information prohibited from being disclosed under 
3 the Illinois Educational Labor Relations Act.
4  (zz) Information prohibited from being disclosed under 
5 the Illinois Public Labor Relations Act. 
6  (aaa) Information prohibited from being disclosed 
7 under Section 1-167 of the Illinois Pension Code. 
8  (bbb) (ccc) Information that is prohibited from 
9 disclosure by the Illinois Police Training Act and the 
10 Illinois State Police Act. 
11  (ccc) (ddd) Records exempt from disclosure under 
12 Section
2605-304 of the Illinois Department of State 
13 Police Law of the Civil
Administrative Code of Illinois. 
14  (ddd) (bbb) Information prohibited from being 
15 disclosed under Section 35 of the Address Confidentiality 
16 for Victims of Domestic Violence, Sexual Assault, Human 
17 Trafficking, or Stalking Act. 
18  (eee) (ddd) Information prohibited from being 
19 disclosed under subsection (b) of Section 75 of the 
20 Domestic Violence Fatality Review Act. 
21  (fff) Images from cameras under the Expressway Camera 
22 Act. This subsection (fff) is inoperative on and after 
23 July 1, 2023. 
24(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
25101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
261-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
 
 
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1eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
2101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
31-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
4eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
5102-559, eff. 8-20-21; revised 10-5-21.)

6 Section 10. The Expressway Camera Act is amended by 
7changing Sections 5 and 90 and by adding Section 3 as follows:

8 (605 ILCS 140/3 new)
9 Sec. 3. Definitions. As used in this Act:
10 "Aggravated vehicular hijacking" has the meaning provided 
11in Section 18-4 of the Criminal Code of 2012.
12 "Authorized user" means a designated peace officer or 
13member of law enforcement personnel who has received training 
14in the review and use of images and associated technology. 
15 "Expressway" has the meaning provided in Section 1-119.3 
16of the Illinois Vehicle Code.
17 "Forcible felony" means the following offenses: treason, 
18first degree murder, second degree murder, predatory criminal 
19sexual assault of a child, aggravated criminal sexual assault, 
20criminal sexual assault, robbery, burglary, residential 
21burglary, aggravated arson, arson, aggravated kidnaping, 
22kidnaping, and aggravated battery resulting in great bodily 
23harm or permanent disability or disfigurement. 
24 "Terrorism" has the meaning provided in Section 29D-14.9 
 
 
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1of the Criminal Code of 2012. 
2 "Vehicular hijacking" has the meaning provided in Section 
318-3 of the Criminal Code of 2012.

4 (605 ILCS 140/5)

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

8Transportation, and the Illinois State Toll Highway Authority

9shall work together to conduct a program to increase the 
10amount
of cameras along expressways and Jean-Baptiste Pointe 
11DuSable Lake Shore Drive in Cook County. Within 90 days after 
12the effective date of this amendatory Act of the 102nd General 
13Assembly, details about the program objectives, counties where 
14the program is operational, and policies under which the 
15program operates shall be made publicly available and posted 
16online.
17 (b) Images from the cameras may be extracted used by any 
18authorized user and used by any municipal police department, 
19county sheriff's office, State Police officer, or other law 
20enforcement agency with jurisdiction over the expressway in 
21Cook County in the investigation of any offenses involving 
22vehicular hijacking, aggravated vehicular hijacking, 
23terrorism, motor vehicle theft, or any forcible felony, 
24including, but not limited to, offenses offense involving the 
25use of a firearm; and to detect expressway hazards and highway 
 
 
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1conditions; and to facilitate highway safety and incident 
2management. Images from the cameras shall not be used to 
3enforce petty offenses or offenses not listed in this 
4subsection, unless use of the images pertains to expressway or 
5highway safety or hazards. Images from the cameras may be used 
6by any law enforcement agency conducting an active law 
7enforcement investigation. All images from the cameras shall 
8be deleted within 120 days, unless the images are relevant to 
9an ongoing investigation or pending criminal trial. Cameras 
10shall not be used to monitor individuals or groups in a 
11discriminatory manner contrary to applicable State or federal 
12law. 
13 (b-5) By June 30th of each year, the Illinois State 
14Police, the Illinois Department of Transportation, and the 
15Illinois State Toll Highway Authority shall issue a joint 
16report to the General Assembly detailing the program 
17operations, including, but not limited to: 
18  (1) the cost of installation of cameras by county; 
19  (2) the cost of ongoing maintenance of the camera 
20 systems per county, including electrical costs and data 
21 transfer costs;
22  (3) the number of inquiries where the investigation 
23 involved the criminal offenses outlined in subsection (b); 
24 and
25  (4) the number of incidents in which law enforcement 
26 searched the stored data for the criminal offenses 
 
 
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1 outlined in subsection (b). 
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.
6 (c-5) Any forcible felony, gunrunning, or firearms 
7trafficking offense, as defined in Section 2-8, 24-3a, or 
824-3b of the Criminal Code of 2012, respectively, committed on 
9an expressway monitored by a camera system funded by money 
10from the Road Fund and investigated by officers of the 
11Illinois State Police may be prosecuted by the Attorney 
12General or the State's Attorney where the offense was 
13committed. 
14 (d) (Blank). As used in this Section, "expressway" has the 
15meaning provided in Section 1-119.3 of the Illinois Vehicle 
16Code.

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

18 (605 ILCS 140/90)

19 (Section scheduled to be repealed on July 1, 2023)
20 Sec. 90. Repeal. This Act is repealed on July 1, 2025 2023.

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


22 Section 99. Effective date. This Act takes effect upon 
23becoming law.".