HB1948eng 97TH GENERAL ASSEMBLY

HB1948 Engrossed LRB097 07908 RLJ 48023 b

AN ACT concerning State government.

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

Section 5. The Illinois Criminal Justice Information Act is amended by adding Section 7.8 as follows:

(20 ILCS 3930/7.8 new)

Sec. 7.8. Surveillance cameras.

(a) By July 1, 2012, the Authority must (i) create a form for agencies to list the number of cameras that they own or have access to and (ii) post that form on the Authority's official Internet website.

(b) By December 31, 2012 and each December 1 thereafter, each agency that owns or has access to a camera shall provide to the Authority the following: (i) the completed form described in subsection (a) and (ii) a copy of any policies adopted by the agency that address camera use including: (A) policies that protect the privacy or civil liberties and rights of the general public, (B) minimal retention policies, (C) editing policies, (D) policies that address the sharing of data with other public and private entities, and (E) policies that restrict public access to data based upon a potential security compromise.

(c) By July 1, 2013 and each July 1 thereafter, the following information must be posted on the Authority's official Internet website for the prior calendar year: (i) all documents provided by an agency under subsection (b) and (ii) a list of agencies that own or have access to cameras and the number of cameras that each agency owns or has access to.

(d) This Section does not require an agency to disclose the location of any camera.

(e) For the purposes of this Section, "access" means real-time access to images from a camera.

For the purposes of this Section, "agency" means the following: (i) State agencies including all officers, boards, commissions, agencies, departments, committees, and authorities created by the Constitution, whether in the executive or legislative branch; (ii) municipalities and any other unit of local government; (iii) public institutions of higher learning as defined in Section 2 of the Higher Education Cooperation Act; (iv) school districts and public schools of this State including special charter districts, Department of Juvenile Justice School Districts, laboratory schools operated by the governing board of a public university, and alternative schools operated by a regional superintendent of schools; (v) boards of election commissioners; (vi) bodies politic and corporate of the State; (vii) administrative units or corporate outgrowths of State government created by or pursuant to statute; and (viii) all administrative units and corporate outgrowths of the entities described in this definition and as may be created by executive order of the Governor.

For the purposes of this Section, "camera" means any video surveillance camera that is located outdoors or within a public transit system. The term does not include a camera used principally to enforce traffic laws or to provide vehicle detection for traffic control devices or systems.