Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
HB5231 • 2026
VEH CD-ALPR
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
VEH CD-ALPR
Rule 19(a) / Re-referred to Rules Committee
Assigned to Executive Committee
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. Jaime M. Andrade, Jr.
VEH CD-ALPR
Illinois General Assembly - Full Text of HB5231 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of HB5231 Home Legislation Full Text HB5231 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB5231 Introduced 2/10/2026, by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Vehicle Code. Provides that the Chief Procurement Office for General Services shall determine the automatic license plate readers and ALPR systems for use in the State. Allows a law enforcement agency to enter into a contract with a vendor for the installation, use, or maintenance of ALPR systems approved by the Chief Procurement Office. Provides that a law enforcement agency may use ALPR systems only: (1) as part of a criminal investigation into an alleged violation of State law or any ordinance of any county, city, or town where there is a reasonable suspicion that a crime was committed; (2) as part of an active investigation related to a missing or endangered person, including whether to issue an alert for the person, or a person associated with human trafficking; or (3) to receive notifications related to a missing or endangered person, a person with an outstanding warrant, a person associated with human trafficking, a stolen vehicle, or a stolen license plate. Provides that system data shall be purged after 21 days of the date of its capture and audit trail data shall be purged after 2 years of the date of its capture. Sets forth provisions on the disclosure of system of data and audit trail data. Requires a law enforcement agency that uses ALPR systems to maintain records sufficient to facilitate public reporting, the production of an audit trail, and discovery in criminal and civil proceedings, appeals, and post-conviction proceedings. Sets forth policies for law enforcement agencies to establish in the use of ALPR systems. Requires a law enforcement agency to report on its use of the ALPR systems to the Illinois State Police, the Governor, the General Assembly, and the Illinois Criminal Justice Information Authority. Provides that a notification by ALPR systems does not, by itself, constitute reasonable suspicion as grounds for a law enforcement agency to stop a vehicle. Provides that any person who willfully and intentionally queries, accesses, or uses ALPR systems for a specified purpose, or who willfully and intentionally sells, shares, or disseminates system data or audit trail data, is guilty of a Class 1 misdemeanor. Requires a law enforcement agency to take measures to promote public awareness on the use of ALPR systems. Makes other changes. Makes a conforming change in the Freedom of Information Act. LRB104 18194 LNS 31633 b A BILL FOR HB5231 LRB104 18194 LNS 31633 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Section 7.5 as follows: 6 (5 ILCS 140/7.5) 7 (Text of Section before amendment by P.A. 104-441 and 8 104-457 ) 9 Sec. 7.5. Statutory exemptions. To the extent provided for 10 by the statutes referenced below, the following shall be 11 exempt from inspection and copying: 12 (a) All information determined to be confidential 13 under Section 4002 of the Technology Advancement and 14 Development Act. 15 (b) Library circulation and order records identifying 16 library users with specific materials under the Library 17 Records Confidentiality Act. 18 (c) Applications, related documents, and medical 19 records received by the Experimental Organ Transplantation 20 Procedures Board and any and all documents or other 21 records prepared by the Experimental Organ Transplantation 22 Procedures Board or its staff relating to applications it 23 has received. HB5231 - 2 - LRB104 18194 LNS 31633 b 1 (d) Information and records held by the Department of 2 Public Health and its authorized representatives relating 3 to known or suspected cases of sexually transmitted 4 infection or any information the disclosure of which is 5 restricted under the Illinois Sexually Transmitted 6 Infection Control Act. 7 (e) Information the disclosure of which is exempted 8 under Section 30 of the Radon Industry Licensing Act. 9 (f) Firm performance evaluations under Section 55 of 10 the Architectural, Engineering, and Land Surveying 11 Qualifications Based Selection Act. 12 (g) Information the disclosure of which is restricted 13 and exempted under Section 50 of the Illinois Prepaid 14 Tuition Act. 15 (h) Information the disclosure of which is exempted 16 under the State Officials and Employees Ethics Act, and 17 records of any lawfully created State or local inspector 18 general's office that would be exempt if created or 19 obtained by an Executive Inspector General's office under 20 that Act. 21 (i) Information contained in a local emergency energy 22 plan submitted to a municipality in accordance with a 23 local emergency energy plan ordinance that is adopted 24 under Section 11-21.5-5 of the Illinois Municipal Code. 25 (j) Information and data concerning the distribution 26 of surcharge moneys collected and remitted by carriers HB5231 - 3 - LRB104 18194 LNS 31633 b 1 under the Emergency Telephone System Act. 2 (k) Law enforcement officer identification information 3 or driver identification information compiled by a law 4 enforcement agency or the Department of Transportation 5 under Section 11-212 of the Illinois Vehicle Code. 6 (l) Records and information provided to a residential 7 health care facility resident sexual assault and death 8 review team or the Executive Council under the Abuse 9 Prevention Review Team Act. 10 (m) Information provided to the predatory lending 11 database created pursuant to Article 3 of the Residential 12 Real Property Disclosure Act, except to the extent 13 authorized under that Article. 14 (n) Defense budgets and petitions for certification of 15 compensation and expenses for court appointed trial 16 counsel as provided under Sections 10 and 15 of the 17 Capital Crimes Litigation Act (repealed). This subsection 18 (n) shall apply until the conclusion of the trial of the 19 case, even if the prosecution chooses not to pursue the 20 death penalty prior to trial or sentencing. 21 (o) Information that is prohibited from being 22 disclosed under Section 4 of the Illinois Health and 23 Hazardous Substances Registry Act. 24 (p) Security portions of system safety program plans, 25 investigation reports, surveys, schedules, lists, data, or 26 information compiled, collected, or prepared by or for the HB5231 - 4 - LRB104 18194 LNS 31633 b 1 Department of Transportation under Sections 2705-300 and 2 2705-616 of the Department of Transportation Law of the 3 Civil Administrative Code of Illinois, the Regional 4 Transportation Authority under Section 2.11 of the 5 Regional Transportation Authority Act, or the St. Clair 6 County Transit District under the Bi-State Transit Safety 7 Act (repealed). 8 (q) Information prohibited from being disclosed by the 9 Personnel Record Review Act. 10 (r) Information prohibited from being disclosed by the 11 Illinois School Student Records Act. 12 (s) Information the disclosure of which is restricted 13 under Section 5-108 of the Public Utilities Act. 14 (t) (Blank). 15 (u) Records and information provided to an independent 16 team of experts under the Developmental Disability and 17 Mental Health Safety Act (also known as Brian's Law). 18 (v) Names and information of people who have applied 19 for or received Firearm Owner's Identification Cards under 20 the Firearm Owners Identification Card Act or applied for 21 or received a concealed carry license under the Firearm 22 Concealed Carry Act, unless otherwise authorized by the 23 Firearm Concealed Carry Act; and databases under the 24 Firearm Concealed Carry Act, records of the Concealed 25 Carry Licensing Review Board under the Firearm Concealed 26 Carry Act, and law enforcement agency objections under the HB5231 - 5 - LRB104 18194 LNS 31633 b 1 Firearm Concealed Carry Act. 2 (v-5) Records of the Firearm Owner's Identification 3 Card Review Board that are exempted from disclosure under 4 Section 10 of the Firearm Owners Identification Card Act. 5 (w) Personally identifiable information which is 6 exempted from disclosure under subsection (g) of Section 7 19.1 of the Toll Highway Act. 8 (x) Information which is exempted from disclosure 9 under Section 5-1014.3 of the Counties Code or Section 10 8-11-21 of the Illinois Municipal Code. 11 (y) Confidential information under the Adult 12 Protective Services Act and its predecessor enabling 13 statute, the Elder Abuse and Neglect Act, including 14 information about the identity and administrative finding 15 against any caregiver of a verified and substantiated 16 decision of abuse, neglect, or financial exploitation of 17 an eligible adult maintained in the Registry established 18 under Section 7.5 of the Adult Protective Services Act. 19 (z) Records and information provided to a fatality 20 review team or the Illinois Fatality Review Team Advisory 21 Council under Section 15 of the Adult Protective Services 22 Act. 23 (aa) Information which is exempted from disclosure 24 under Section 2.37 of the Wildlife Code. 25 (bb) Information which is or was prohibited from 26 disclosure by the Juvenile Court Act of 1987. HB5231 - 6 - LRB104 18194 LNS 31633 b 1 (cc) Recordings made under the Law Enforcement 2 Officer-Worn Body Camera Act, except to the extent 3 authorized under that Act. 4 (dd) Information that is prohibited from being 5 disclosed under Section 45 of the Condominium and Common 6 Interest Community Ombudsperson Act. 7 (ee) Information that is exempted from disclosure 8 under Section 30.1 of the Pharmacy Practice Act. 9 (ff) Information that is exempted from disclosure 10 under the Revised Uniform Unclaimed Property Act. 11 (gg) Information that is prohibited from being 12 disclosed under Section 7-603.5 of the Illinois Vehicle 13 Code. 14 (hh) Records that are exempt from disclosure under 15 Section 1A-16.7 of the Election Code. 16 (ii) Information which is exempted from disclosure 17 under Section 2505-800 of the Department of Revenue Law of 18 the Civil Administrative Code of Illinois. 19 (jj) Information and reports that are required to be 20 submitted to the Department of Labor by registering day 21 and temporary labor service agencies but are exempt from 22 disclosure under subsection (a-1) of Section 45 of the Day 23 and Temporary Labor Services Act. 24 (kk) Information prohibited from disclosure under the 25 Seizure and Forfeiture Reporting Act. 26 (ll) Information the disclosure of which is restricted HB5231 - 7 - LRB104 18194 LNS 31633 b 1 and exempted under Section 5-30.8 of the Illinois Public 2 Aid Code. 3 (mm) Records that are exempt from disclosure under 4 Section 4.2 of the Crime Victims Compensation Act. 5 (nn) Information that is exempt from disclosure under 6 Section 70 of the Higher Education Student Assistance Act. 7 (oo) Communications, notes, records, and reports 8 arising out of a peer support counseling session 9 prohibited from disclosure under the First Responders 10 Suicide Prevention Act. 11 (pp) Names and all identifying information relating to 12 an employee of an emergency services provider or law 13 enforcement agency under the First Responders Suicide 14 Prevention Act. 15 (qq) Information and records held by the Department of 16 Public Health and its authorized representatives collected 17 under the Reproductive Health Act. 18 (rr) Information that is exempt from disclosure under 19 the Cannabis Regulation and Tax Act. 20 (ss) Data reported by an employer to the Department of 21 Human Rights pursuant to Section 2-108 of the Illinois 22 Human Rights Act. 23 (tt) Recordings made under the Children's Advocacy 24 Center Act, except to the extent authorized under that 25 Act. 26 (uu) Information that is exempt from disclosure under HB5231 - 8 - LRB104 18194 LNS 31633 b 1 Section 50 of the Sexual Assault Evidence Submission Act. 2 (vv) Information that is exempt from disclosure under 3 subsections (f) and (j) of Section 5-36 of the Illinois 4 Public Aid Code. 5 (ww) Information that is exempt from disclosure under 6 Section 16.8 of the State Treasurer Act. 7 (xx) Information that is exempt from disclosure or 8 information that shall not be made public under the 9 Illinois Insurance Code. 10 (yy) Information prohibited from being disclosed under 11 the Illinois Educational Labor Relations Act. 12 (zz) Information prohibited from being disclosed under 13 the Illinois Public Labor Relations Act. 14 (aaa) Information prohibited from being disclosed 15 under Section 1-167 of the Illinois Pension Code. 16 (bbb) Information that is prohibited from disclosure 17 by the Illinois Police Training Act and the Illinois State 18 Police Act. 19 (ccc) Records exempt from disclosure under Section 20 2605-304 of the Illinois State Police Law of the Civil 21 Administrative Code of Illinois. 22 (ddd) Information prohibited from being disclosed 23 under Section 35 of the Address Confidentiality for 24 Victims of Domestic Violence, Sexual Assault, Human 25 Trafficking, or Stalking Act. 26 (eee) Information prohibited from being disclosed HB5231 - 9 - LRB104 18194 LNS 31633 b 1 under subsection (b) of Section 75 of the Domestic 2 Violence Fatality Review Act. 3 (fff) Images from cameras under the Expressway Camera 4 Act and all automated license plate reader (ALPR) 5 information used and collected by the Illinois State 6 Police. "ALPR information" means information gathered by 7 an ALPR or created from the analysis of data generated by 8 an ALPR. This subsection (fff) is inoperative on and after 9 July 1, 2028. 10 (ggg) Information prohibited from disclosure under 11 paragraph (3) of subsection (a) of Section 14 of the Nurse 12 Agency Licensing Act. 13 (hhh) Information submitted to the Illinois State 14 Police in an affidavit or application for an assault 15 weapon endorsement, assault weapon attachment endorsement, 16 .50 caliber rifle endorsement, or .50 caliber cartridge 17 endorsement under the Firearm Owners Identification Card 18 Act. 19 (iii) Data exempt from disclosure under Section 50 of 20 the School Safety Drill Act. 21 (jjj) Information exempt from disclosure under Section 22 30 of the Insurance Data Security Law. 23 (kkk) Confidential business information prohibited 24 from disclosure under Section 45 of the Paint Stewardship 25 Act. 26 (lll) Data exempt from disclosure under Section HB5231 - 10 - LRB104 18194 LNS 31633 b 1 2-3.196 of the School Code. 2 (mmm) Information prohibited from being disclosed 3 under subsection (e) of Section 1-129 of the Illinois 4 Power Agency Act. 5 (nnn) Materials received by the Department of Commerce 6 and Economic Opportunity that are confidential under the 7 Music and Musicians Tax Credit and Jobs Act. 8 (ooo) Data or information provided pursuant to Section 9 20 of the Statewide Recycling Needs and Assessment Act. 10 (ppp) Information that is exempt from disclosure under 11 Section 28-11 of the Lawful Health Care Activity Act. 12 (qqq) Information that is exempt from disclosure under 13 Section 7-101 of the Illinois Human Rights Act. 14 (rrr) Information prohibited from being disclosed 15 under Section 4-2 of the Uniform Money Transmission 16 Modernization Act. 17 (sss) Information exempt from disclosure under Section 18 40 of the Student-Athlete Endorsement Rights Act. 19 (ttt) Audio recordings made under Section 30 of the 20 Illinois State Police Act, except to the extent authorized 21 under that Section. 22 (uuu) Information prohibited from being disclosed 23 under Section 30-5 of the Digital Assets Regulation Act. 24 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 25 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 26 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, HB5231 - 11 - LRB104 18194 LNS 31633 b 1 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 2 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 3 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, 4 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; 5 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised 6 9-10-25.) 7 (Text of Section after amendment by P.A. 104-457 but 8 before 104-441 ) 9 Sec. 7.5. Statutory exemptions. To the extent provided for 10 by the statutes referenced below, the following shall be 11 exempt from inspection and copying: 12 (a) All information determined to be confidential 13 under Section 4002 of the Technology Advancement and 14 Development Act. 15 (b) Library circulation and order records identifying 16 library users with specific materials under the Library 17 Records Confidentiality Act. 18 (c) Applications, related documents, and medical 19 records received by the Experimental Organ Transplantation 20 Procedures Board and any and all documents or other 21 records prepared by the Experimental Organ Transplantation 22 Procedures Board or its staff relating to applications it 23 has received. 24 (d) Information and records held by the Department of 25 Public Health and its authorized representatives relating HB5231 - 12 - LRB104 18194 LNS 31633 b 1 to known or suspected cases of sexually transmitted 2 infection or any information the disclosure of which is 3 restricted under the Illinois Sexually Transmitted 4 Infection 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 HB5231 - 13 - LRB104 18194 LNS 31633 b 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 (repealed). This subsection 16 (n) shall apply until the conclusion of the trial of the 17 case, even if the prosecution chooses not to pursue the 18 death penalty 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 HB5231 - 14 - LRB104 18194 LNS 31633 b 1 Civil Administrative Code of Illinois, the Northern 2 Illinois Transit Authority under Section 2.11 of the 3 Northern Illinois Transit Authority Act, or the St. Clair 4 County Transit District under the Bi-State Transit Safety 5 Act (repealed). 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) (Blank). 13 (u) Records and information provided to an independent 14 team of experts under the Developmental Disability and 15 Mental Health Safety Act (also known as Brian's Law). 16 (v) Names and information of people who have applied 17 for or received Firearm Owner's Identification Cards under 18 the Firearm Owners Identification Card Act or applied for 19 or received a concealed carry license under the Firearm 20 Concealed Carry Act, unless otherwise authorized by the 21 Firearm Concealed Carry Act; and databases under the 22 Firearm Concealed Carry Act, records of the Concealed 23 Carry Licensing Review Board under the Firearm Concealed 24 Carry Act, and law enforcement agency objections under the 25 Firearm Concealed Carry Act. 26 (v-5) Records of the Firearm Owner's Identification HB5231 - 15 - LRB104 18194 LNS 31633 b 1 Card Review Board that are exempted from disclosure under 2 Section 10 of the Firearm Owners Identification Card Act. 3 (w) Personally identifiable information which is 4 exempted from disclosure under subsection (g) of Section 5 19.1 of the Toll Highway Act. 6 (x) Information which is exempted from disclosure 7 under Section 5-1014.3 of the Counties Code or Section 8 8-11-21 of the Illinois Municipal Code. 9 (y) Confidential information under the Adult 10 Protective Services Act and its predecessor enabling 11 statute, the Elder Abuse and Neglect Act, including 12 information about the identity and administrative finding 13 against any caregiver of a verified and substantiated 14 decision of abuse, neglect, or financial exploitation of 15 an eligible adult maintained in the Registry established 16 under Section 7.5 of the Adult Protective Services Act. 17 (z) Records and information provided to a fatality 18 review team or the Illinois Fatality Review Team Advisory 19 Council under Section 15 of the Adult Protective Services 20 Act. 21 (aa) Information which is exempted from disclosure 22 under Section 2.37 of the Wildlife Code. 23 (bb) Information which is or was prohibited from 24 disclosure by the Juvenile Court Act of 1987. 25 (cc) Recordings made under the Law Enforcement 26 Officer-Worn Body Camera Act, except to the extent HB5231 - 16 - LRB104 18194 LNS 31633 b 1 authorized under that Act. 2 (dd) Information that is prohibited from being 3 disclosed under Section 45 of the Condominium and Common 4 Interest Community Ombudsperson Act. 5 (ee) Information that is exempted from disclosure 6 under Section 30.1 of the Pharmacy Practice Act. 7 (ff) Information that is exempted from disclosure 8 under the Revised Uniform Unclaimed Property Act. 9 (gg) Information that is prohibited from being 10 disclosed under Section 7-603.5 of the Illinois Vehicle 11 Code. 12 (hh) Records that are exempt from disclosure under 13 Section 1A-16.7 of the Election Code. 14 (ii) Information which is exempted from disclosure 15 under Section 2505-800 of the Department of Revenue Law of 16 the Civil Administrative Code of Illinois. 17 (jj) Information and reports that are required to be 18 submitted to the Department of Labor by registering day 19 and temporary labor service agencies but are exempt from 20 disclosure under subsection (a-1) of Section 45 of the Day 21 and Temporary Labor Services Act. 22 (kk) Information prohibited from disclosure under the 23 Seizure and Forfeiture Reporting Act. 24 (ll) Information the disclosure of which is restricted 25 and exempted under Section 5-30.8 of the Illinois Public 26 Aid Code. HB5231 - 17 - LRB104 18194 LNS 31633 b 1 (mm) Records that are exempt from disclosure under 2 Section 4.2 of the Crime Victims Compensation Act. 3 (nn) Information that is exempt from disclosure under 4 Section 70 of the Higher Education Student Assistance Act. 5 (oo) Communications, notes, records, and reports 6 arising out of a peer support counseling session 7 prohibited from disclosure under the First Responders 8 Suicide Prevention Act. 9 (pp) Names and all identifying information relating to 10 an employee of an emergency services provider or law 11 enforcement agency under the First Responders Suicide 12 Prevention Act. 13 (qq) Information and records held by the Department of 14 Public Health and its authorized representatives collected 15 under the Reproductive Health Act. 16 (rr) Information that is exempt from disclosure under 17 the Cannabis Regulation and Tax Act. 18 (ss) Data reported by an employer to the Department of 19 Human Rights pursuant to Section 2-108 of the Illinois 20 Human Rights Act. 21 (tt) Recordings made under the Children's Advocacy 22 Center Act, except to the extent authorized under that 23 Act. 24 (uu) Information that is exempt from disclosure under 25 Section 50 of the Sexual Assault Evidence Submission Act. 26 (vv) Information that is exempt from disclosure under HB5231 - 18 - LRB104 18194 LNS 31633 b 1 subsections (f) and (j) of Section 5-36 of the Illinois 2 Public Aid Code. 3 (ww) Information that is exempt from disclosure under 4 Section 16.8 of the State Treasurer Act. 5 (xx) Information that is exempt from disclosure or 6 information that shall not be made public under the 7 Illinois Insurance Code. 8 (yy) Information prohibited from being disclosed under 9 the Illinois Educational Labor Relations Act. 10 (zz) Information prohibited from being disclosed under 11 the Illinois Public Labor Relations Act. 12 (aaa) Information prohibited from being disclosed 13 under Section 1-167 of the Illinois Pension Code. 14 (bbb) Information that is prohibited from disclosure 15 by the Illinois Police Training Act and the Illinois State 16 Police Act. 17 (ccc) Records exempt from disclosure under Section 18 2605-304 of the Illinois State Police Law of the Civil 19 Administrative Code of Illinois. 20 (ddd) Information prohibited from being disclosed 21 under Section 35 of the Address Confidentiality for 22 Victims of Domestic Violence, Sexual Assault, Human 23 Trafficking, or Stalking Act. 24 (eee) Information prohibited from being disclosed 25 under subsection (b) of Section 75 of the Domestic 26 Violence Fatality Review Act. HB5231 - 19 - LRB104 18194 LNS 31633 b 1 (fff) Images from cameras under the Expressway Camera 2 Act and all automated license plate reader (ALPR) 3 information used and collected by the Illinois State 4 Police. "ALPR information" means information gathered by 5 an ALPR or created from the analysis of data generated by 6 an ALPR. This subsection (fff) is inoperative on and after 7 July 1, 2028. 8 (ggg) Information prohibited from disclosure under 9 paragraph (3) of subsection (a) of Section 14 of the Nurse 10 Agency Licensing Act. 11 (hhh) Information submitted to the Illinois State 12 Police in an affidavit or application for an assault 13 weapon endorsement, assault weapon attachment endorsement, 14 .50 caliber rifle endorsement, or .50 caliber cartridge 15 endorsement under the Firearm Owners Identification Card 16 Act. 17 (iii) Data exempt from disclosure under Section 50 of 18 the School Safety Drill Act. 19 (jjj) Information exempt from disclosure under Section 20 30 of the Insurance Data Security Law. 21 (kkk) Confidential business information prohibited 22 from disclosure under Section 45 of the Paint Stewardship 23 Act. 24 (lll) Data exempt from disclosure under Section 25 2-3.196 of the School Code. 26 (mmm) Information prohibited from being disclosed HB5231 - 20 - LRB104 18194 LNS 31633 b 1 under subsection (e) of Section 1-129 of the Illinois 2 Power Agency Act. 3 (nnn) Materials received by the Department of Commerce 4 and Economic Opportunity that are confidential under the 5 Music and Musicians Tax Credit and Jobs Act. 6 (ooo) Data or information provided pursuant to Section 7 20 of the Statewide Recycling Needs and Assessment Act. 8 (ppp) Information that is exempt from disclosure under 9 Section 28-11 of the Lawful Health Care Activity Act. 10 (qqq) Information that is exempt from disclosure under 11 Section 7-101 of the Illinois Human Rights Act. 12 (rrr) Information prohibited from being disclosed 13 under Section 4-2 of the Uniform Money Transmission 14 Modernization Act. 15 (sss) Information exempt from disclosure under Section 16 40 of the Student-Athlete Endorsement Rights Act. 17 (ttt) Audio recordings made under Section 30 of the 18 Illinois State Police Act, except to the extent authorized 19 under that Section. 20 (uuu) Information prohibited from being disclosed 21 under Section 30-5 of the Digital Assets Regulation Act. 22 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 23 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 24 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, 25 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 26 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. HB5231 - 21 - LRB104 18194 LNS 31633 b 1 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, 2 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; 3 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff. 4 6-1-26; revised 1-7-26.) 5 (Text of Section after amendment by P.A. 104-441 ) 6 Sec. 7.5. Statutory exemptions. To the extent provided for 7 by the statutes referenced below, the following shall be 8 exempt from inspection and copying: 9 (a) All information determined to be confidential 10 under Section 4002 of the Technology Advancement and 11 Development Act. 12 (b) Library circulation and order records identifying 13 library users with specific materials under the Library 14 Records Confidentiality Act. 15 (c) Applications, related documents, and medical 16 records received by the Experimental Organ Transplantation 17 Procedures Board and any and all documents or other 18 records prepared by the Experimental Organ Transplantation 19 Procedures Board or its staff relating to applications it 20 has received. 21 (d) Information and records held by the Department of 22 Public Health and its authorized representatives relating 23 to known or suspected cases of sexually transmitted 24 infection or any information the disclosure of which is 25 restricted under the Illinois Sexually Transmitted HB5231 - 22 - LRB104 18194 LNS 31633 b 1 Infection Control Act. 2 (e) Information the disclosure of which is exempted 3 under Section 30 of the Radon Industry Licensing Act. 4 (f) Firm performance evaluations under Section 55 of 5 the Architectural, Engineering, and Land Surveying 6 Qualifications Based Selection Act. 7 (g) Information the disclosure of which is restricted 8 and exempted under Section 50 of the Illinois Prepaid 9 Tuition Act. 10 (h) Information the disclosure of which is exempted 11 under the State Officials and Employees Ethics Act, and 12 records of any lawfully created State or local inspector 13 general's office that would be exempt if created or 14 obtained by an Executive Inspector General's office under 15 that Act. 16 (i) Information contained in a local emergency energy 17 plan submitted to a municipality in accordance with a 18 local emergency energy plan ordinance that is adopted 19 under Section 11-21.5-5 of the Illinois Municipal Code. 20 (j) Information and data concerning the distribution 21 of surcharge moneys collected and remitted by carriers 22 under the Emergency Telephone System Act. 23 (k) Law enforcement officer identification information 24 or driver identification information compiled by a law 25 enforcement agency or the Department of Transportation 26 under Section 11-212 of the Illinois Vehicle Code. HB5231 - 23 - LRB104 18194 LNS 31633 b 1 (l) Records and information provided to a residential 2 health care facility resident sexual assault and death 3 review team or the Executive Council under the Abuse 4 Prevention Review Team Act. 5 (m) Information provided to the predatory lending 6 database created pursuant to Article 3 of the Residential 7 Real Property Disclosure Act, except to the extent 8 authorized under that Article. 9 (n) Defense budgets and petitions for certification of 10 compensation and expenses for court appointed trial 11 counsel as provided under Sections 10 and 15 of the 12 Capital Crimes Litigation Act (repealed). This subsection 13 (n) shall apply until the conclusion of the trial of the 14 case, even if the prosecution chooses not to pursue the 15 death penalty prior to trial or sentencing. 16 (o) Information that is prohibited from being 17 disclosed under Section 4 of the Illinois Health and 18 Hazardous Substances Registry Act. 19 (p) Security portions of system safety program plans, 20 investigation reports, surveys, schedules, lists, data, or 21 information compiled, collected, or prepared by or for the 22 Department of Transportation under Sections 2705-300 and 23 2705-616 of the Department of Transportation Law of the 24 Civil Administrative Code of Illinois, the Northern 25 Illinois Transit Authority under Section 2.11 of the 26 Northern Illinois Transit Authority Act, or the St. Clair HB5231 - 24 - LRB104 18194 LNS 31633 b 1 County Transit District under the Bi-State Transit Safety 2 Act (repealed). 3 (q) Information prohibited from being disclosed by the 4 Personnel Record Review Act. 5 (r) Information prohibited from being disclosed by the 6 Illinois School Student Records Act. 7 (s) Information the disclosure of which is restricted 8 under Section 5-108 of the Public Utilities Act. 9 (t) (Blank). 10 (u) Records and information provided to an independent 11 team of experts under the Developmental Disability and 12 Mental Health Safety Act (also known as Brian's Law). 13 (v) Names and information of people who have applied 14 for or received Firearm Owner's Identification Cards under 15 the Firearm Owners Identification Card Act or applied for 16 or received a concealed carry license under the Firearm 17 Concealed Carry Act, unless otherwise authorized by the 18 Firearm Concealed Carry Act; and databases under the 19 Firearm Concealed Carry Act, records of the Concealed 20 Carry Licensing Review Board under the Firearm Concealed 21 Carry Act, and law enforcement agency objections under the 22 Firearm Concealed Carry Act. 23 (v-5) Records of the Firearm Owner's Identification 24 Card Review Board that are exempted from disclosure under 25 Section 10 of the Firearm Owners Identification Card Act. 26 (w) Personally identifiable information which is HB5231 - 25 - LRB104 18194 LNS 31633 b 1 exempted from disclosure under subsection (g) of Section 2 19.1 of the Toll Highway Act. 3 (x) Information which is exempted from disclosure 4 under Section 5-1014.3 of the Counties Code or Section 5 8-11-21 of the Illinois Municipal Code. 6 (y) Confidential information under the Adult 7 Protective Services Act and its predecessor enabling 8 statute, the Elder Abuse and Neglect Act, including 9 information about the identity and administrative finding 10 against any caregiver of a verified and substantiated 11 decision of abuse, neglect, or financial exploitation of 12 an eligible adult maintained in the Registry established 13 under Section 7.5 of the Adult Protective Services Act. 14 (z) Records and information provided to a fatality 15 review team or the Illinois Fatality Review Team Advisory 16 Council under Section 15 of the Adult Protective Services 17 Act. 18 (aa) Information which is exempted from disclosure 19 under Section 2.37 of the Wildlife Code. 20 (bb) Information which is or was prohibited from 21 disclosure by the Juvenile Court Act of 1987. 22 (cc) Recordings made under the Law Enforcement 23 Officer-Worn Body Camera Act, except to the extent 24 authorized under that Act. 25 (dd) Information that is prohibited from being 26 disclosed under Section 45 of the Condominium and Common HB5231 - 26 - LRB104 18194 LNS 31633 b 1 Interest Community Ombudsperson Act. 2 (ee) Information that is exempted from disclosure 3 under Section 30.1 of the Pharmacy Practice Act. 4 (ff) Information that is exempted from disclosure 5 under the Revised Uniform Unclaimed Property Act. 6 (gg) Information that is prohibited from being 7 disclosed under Section 7-603.5 of the Illinois Vehicle 8 Code. 9 (hh) Records that are exempt from disclosure under 10 Section 1A-16.7 of the Election Code. 11 (ii) Information which is exempted from disclosure 12 under Section 2505-800 of the Department of Revenue Law of 13 the Civil Administrative Code of Illinois. 14 (jj) Information and reports that are required to be 15 submitted to the Department of Labor by registering day 16 and temporary labor service agencies but are exempt from 17 disclosure under subsection (a-1) of Section 45 of the Day 18 and Temporary Labor Services Act. 19 (kk) Information prohibited from disclosure under the 20 Seizure and Forfeiture Reporting Act. 21 (ll) Information the disclosure of which is restricted 22 and exempted under Section 5-30.8 of the Illinois Public 23 Aid Code. 24 (mm) Records that are exempt from disclosure under 25 Section 4.2 of the Crime Victims Compensation Act. 26 (nn) Information that is exempt from disclosure under HB5231 - 27 - LRB104 18194 LNS 31633 b 1 Section 70 of the Higher Education Student Assistance Act. 2 (oo) Communications, notes, records, and reports 3 arising out of a peer support counseling session 4 prohibited from disclosure under the First Responders 5 Suicide Prevention Act. 6 (pp) Names and all identifying information relating to 7 an employee of an emergency services provider or law 8 enforcement agency under the First Responders Suicide 9 Prevention Act. 10 (qq) Information and records held by the Department of 11 Public Health and its authorized representatives collected 12 under the Reproductive Health Act. 13 (rr) Information that is exempt from disclosure under 14 the Cannabis Regulation and Tax Act. 15 (ss) Data reported by an employer to the Department of 16 Human Rights pursuant to Section 2-108 of the Illinois 17 Human Rights Act. 18 (tt) Recordings made under the Children's Advocacy 19 Center Act, except to the extent authorized under that 20 Act. 21 (uu) Information that is exempt from disclosure under 22 Section 50 of the Sexual Assault Evidence Submission Act. 23 (vv) Information that is exempt from disclosure under 24 subsections (f) and (j) of Section 5-36 of the Illinois 25 Public Aid Code. 26 (ww) Information that is exempt from disclosure under HB5231 - 28 - LRB104 18194 LNS 31633 b 1 Section 16.8 of the State Treasurer Act. 2 (xx) Information that is exempt from disclosure or 3 information that shall not be made public under the 4 Illinois Insurance Code. 5 (yy) Information prohibited from being disclosed under 6 the Illinois Educational Labor Relations Act. 7 (zz) Information prohibited from being disclosed under 8 the Illinois Public Labor Relations Act. 9 (aaa) Information prohibited from being disclosed 10 under Section 1-167 of the Illinois Pension Code. 11 (bbb) Information that is prohibited from disclosure 12 by the Illinois Police Training Act and the Illinois State 13 Police Act. 14 (ccc) Records exempt from disclosure under Section 15 2605-304 of the Illinois State Police Law of the Civil 16 Administrative Code of Illinois. 17 (ddd) Information prohibited from being disclosed 18 under Section 35 of the Address Confidentiality for 19 Victims of Domestic Violence, Sexual Assault, Human 20 Trafficking, or Stalking Act. 21 (eee) Information prohibited from being disclosed 22 under subsection (b) of Section 75 of the Domestic 23 Violence Fatality Review Act. 24 (fff) Images from cameras under the Expressway Camera 25 Act and all automated license plate reader (ALPR) 26 information used and collected by the Illinois State HB5231 - 29 - LRB104 18194 LNS 31633 b 1 Police. "ALPR information" means information gathered by 2 an ALPR or created from the analysis of data generated by 3 an ALPR. This subsection (fff) is inoperative on and after 4 July 1, 2028. 5 (ggg) Information prohibited from disclosure under 6 paragraph (3) of subsection (a) of Section 14 of the Nurse 7 Agency Licensing Act. 8 (hhh) Information submitted to the Illinois State 9 Police in an affidavit or application for an assault 10 weapon endorsement, assault weapon attachment endorsement, 11 .50 caliber rifle endorsement, or .50 caliber cartridge 12 endorsement under the Firearm Owners Identification Card 13 Act. 14 (iii) Data exempt from disclosure under Section 50 of 15 the School Safety Drill Act. 16 (jjj) Information exempt from disclosure under Section 17 30 of the Insurance Data Security Law. 18 (kkk) Confidential business information prohibited 19 from disclosure under Section 45 of the Paint Stewardship 20 Act. 21 (lll) Data exempt from disclosure under Section 22 2-3.196 of the School Code. 23 (mmm) Information prohibited from being disclosed 24 under subsection (e) of Section 1-129 of the Illinois 25 Power Agency Act. 26 (nnn) Materials received by the Department of Commerce HB5231 - 30 - LRB104 18194 LNS 31633 b 1 and Economic Opportunity that are confidential under the 2 Music and Musicians Tax Credit and Jobs Act. 3 (ooo) Data or information provided pursuant to Section 4 20 of the Statewide Recycling Needs and Assessment Act. 5 (ppp) Information that is exempt from disclosure under 6 Section 28-11 of the Lawful Health Care Activity Act. 7 (qqq) Information that is exempt from disclosure under 8 Section 7-101 of the Illinois Human Rights Act. 9 (rrr) Information prohibited from being disclosed 10 under Section 4-2 of the Uniform Money Transmission 11 Modernization Act. 12 (sss) Information exempt from disclosure under Section 13 40 of the Student-Athlete Endorsement Rights Act. 14 (ttt) Audio recordings made under Section 30 of the 15 Illinois State Police Act, except to the extent authorized 16 under that Section. 17 (uuu) Information prohibited from being disclosed 18 under Section 30-5 of the Digital Assets Regulation Act. 19 (vvv) (uuu) Information exempt from disclosure under 20 Section 70 of the End-of-Life Options for Terminally Ill 21 Patients Act. 22 (www) Information exempt from disclosure under Section 23 2-131 of the Illinois Vehicle Code. 24 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 25 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 26 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, HB5231 - 31 - LRB104 18194 LNS 31633 b 1 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; 2 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. 3 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, 4 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; 5 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff. 6 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.) 7 Section 10. The Illinois Vehicle Code is amended by adding 8 Section 2-131 as follows: 9 (625 ILCS 5/2-131 new) 10 Sec. 2-131. Use of automatic license plate recognition 11 systems by law enforcement agencies. 12 (a) For purposes of this Section: 13 "Audit trail" means all records of queries and responses 14 in an automatic license plate reader, and all records of 15 actions in which system data is accessed, entered, updated, 16 shared, or disseminated, including the: 17 (1) date and time of access; 18 (2) license plate number or other data elements used 19 to query the system; 20 (3) specific purpose, as set forth in subsection (d), 21 for accessing or querying the system, including the 22 offense type for any criminal investigation; 23 (4) associated call for service or case number; and 24 (5) username of the person or persons who accessed or HB5231 - 32 - LRB104 18194 LNS 31633 b 1 queried the system. 2 "Audit trail data" means all forms of data collected or 3 generated by an automatic license plate reader for purposes of 4 producing an audit trail. 5 "Automatic license plate reader" or "ALPR" has the meaning 6 given to that term in subsection (a) of Section 2-130. 7 "ALPR information" has the meaning given to that term in 8 subsection (a) of Section 2-130. 9 "ALPR systems" has the meaning given to that term in 10 subsection (a) of Section 2-130. 11 "Chief Procurement Office" means the Chief Procurement 12 Office for General Services in the Chief Procurement Office. 13 "Law enforcement agency" means any entity with statutory 14 police powers and the ability to employ individuals authorized 15 to make arrests. "Law enforcement agency" does not include the 16 Illinois State Police. "Law enforcement agency" includes any 17 university, college, or community college. 18 "Notification" means an alert from an automatic license 19 plate reader that a license plate or vehicle matches a license 20 plate or vehicle in a database used by the automatic license 21 plate reader for comparison purposes. 22 "Person associated with human trafficking" means a person 23 who is either a suspected victim or an alleged perpetrator of 24 either commercial sex trafficking or labor trafficking. 25 "Publicly post" means to post on a website that is 26 maintained by the law enforcement agency or on any other HB5231 - 33 - LRB104 18194 LNS 31633 b 1 website on which the law enforcement agency generally posts 2 information and that is available to the public or that 3 clearly describes how the public may access the information. 4 "Query" means a search of ALPR information based on 5 information entered by the user, including a full or partial 6 license plate number, any identifying characteristics of a 7 vehicle, the date, time, or location of an image, or any other 8 data that is searchable within the ALPR systems. 9 "System data" means all forms of data collected or 10 generated by ALPR systems, including images of license plates, 11 vehicles, any identifying characteristics of vehicles, the 12 date, time, and location of an image, and any peripheral 13 images collected from which analytical data may be extracted. 14 "Vendor" means a business, company, corporation, or other 15 nongovernmental entity that contracts with a law enforcement 16 agency for the installation, use, or maintenance of ALPR 17 systems. 18 (b) Pursuant to the Illinois Procurement Code, the Chief 19 Procurement Office for General Services shall determine the 20 automatic license plate readers and ALPR systems for use in 21 the State in accordance with this Section. ALPR systems shall 22 not be approved by the Chief Procurement Office for use by a 23 law enforcement agency unless: 24 (1) the vendor certifies that it will not sell or 25 share any system data or audit trail data gathered in the 26 State, except upon request of the contracting law HB5231 - 34 - LRB104 18194 LNS 31633 b 1 enforcement agency for a purpose set forth in subsection 2 (f), and will only access system data or audit trail data 3 upon request of the contracting law enforcement agency for 4 maintenance and quality assurance purposes; 5 (2) the vendor certifies that its ALPR systems is 6 capable of purging system data collected or generated in 7 the State after 21 days of the date of its capture, or 8 earlier if requested by the contracting law enforcement 9 agency, in such a manner that the system data is destroyed 10 and not recoverable by either the vendor or the 11 contracting law enforcement agency; 12 (3) the vendor certifies that its ALPR systems is 13 capable of producing an audit trail and purging audit 14 trail data collected or generated in the State after 2 15 years of the date of its capture in such a manner that the 16 audit trail data is destroyed and not recoverable by 17 either the vendor or the contracting law enforcement 18 agency; 19 (4) the databases used by the ALPR systems to provide 20 notifications as set forth in subsection (d) are updated 21 at least every 24 hours, or as soon as practicable after 22 the updates become available; and 23 (5) the ALPR systems meets information security 24 standards as established by the Department of Innovation 25 and Technology. 26 (c) A law enforcement agency may enter into a contract HB5231 - 35 - LRB104 18194 LNS 31633 b 1 with a vendor for the installation, use, or maintenance of 2 ALPR systems approved by the Chief Procurement Office. The 3 contract shall specify that system data and audit trail data 4 will be the property of the law enforcement agency and that the 5 ALPR systems meets the requirements set forth in subsection 6 (b). The contract shall further specify that the vendor will 7 immediately notify the law enforcement agency upon receipt of 8 any subpoena duces tecum, execution of any search warrant, or 9 any other request from a third party for the system data or 10 audit trail data, unless disclosure of the subpoena duces 11 tecum, search warrant, or request is otherwise prohibited by 12 law. 13 (d) A law enforcement agency may use ALPR systems only: 14 (1) as part of a criminal investigation into an 15 alleged violation of State law or any ordinance of any 16 county, city, or town where there is a reasonable 17 suspicion that a crime was committed; 18 (2) as part of an active investigation related to a 19 missing or endangered person, including whether to issue 20 an alert for the person, or a person associated with human 21 trafficking; or 22 (3) to receive notifications related to a missing or 23 endangered person, a person with an outstanding warrant, a 24 person associated with human trafficking, a stolen 25 vehicle, or a stolen license plate. 26 All information necessary for the creation of an audit HB5231 - 36 - LRB104 18194 LNS 31633 b 1 trail shall be entered in order to query system data. A law 2 enforcement agency shall not query or download system data 3 unless the system data is related to at least one of the 4 purposes under this subsection. A law enforcement agency may 5 download audit trail data for purposes of generating audit 6 reports. A stop of a motor vehicle based on a notification from 7 the ALPR systems shall be consistent with subsection (m). 8 (e) System data shall be purged after 21 days of the date 9 of its capture in such a manner that the system data is 10 destroyed and not recoverable by either the vendor or the law 11 enforcement agency. Audit trail data shall be purged after 2 12 years of the date of its capture in such a manner that the 13 audit trail data is destroyed and not recoverable by either 14 the vendor or the law enforcement agency. However, if the 15 system data or audit trail data is part of an ongoing 16 investigation, prosecution, or civil action, such data shall 17 be retained by the law enforcement agency until (i) the 18 investigation concludes without any criminal charges or (ii) 19 the final disposition of any criminal or civil matter related 20 to the data, including any direct appeals and any writs of 21 habeas corpus or federal law, in accordance with applicable 22 records retention law and policy. 23 (f) System data and audit trail data shall not be subject 24 to disclosure under the Freedom of Information Act. A law 25 enforcement agency shall not sell any system data or audit 26 trail data. A law enforcement agency shall not share system HB5231 - 37 - LRB104 18194 LNS 31633 b 1 data or audit trail data with, or disseminate system data or 2 audit trail data to, any database of any other State, federal, 3 private, or commercial entity. A law enforcement agency may 4 share system data or audit trail data for the following 5 purposes: 6 (1) with another law enforcement agency for purposes 7 set forth in subsection (d), which may include allowing 8 another law enforcement agency to query system data, as 9 long as the law enforcement agency receiving the system 10 data complies with all of the provisions of this Section; 11 (2) with a State's Attorney for purposes set forth in 12 subsection (d) or for complying with discovery or a court 13 order in a criminal proceeding; 14 (3) with a defendant or the defendant's counsel for 15 purposes of complying with discovery or a court order in a 16 criminal proceeding; 17 (4) pursuant to a court order or a court-issued 18 subpoena duces tecum in any criminal or civil proceeding; 19 (5) with the vendor for maintenance or quality 20 assurance purposes; or 21 (6) to alert the public to an emergency situation, a 22 missing or endangered person, a person associated with 23 human trafficking, or a person with an outstanding 24 warrant. 25 In addition, the Illinois State Police shall share system 26 data obtained from any ALPR systems installed, maintained, and HB5231 - 38 - LRB104 18194 LNS 31633 b 1 operated on any limited access highway or any bridge, tunnel, 2 or special structure under the jurisdiction of the Department 3 of Transportation with any law enforcement agency in the 4 locality where the ALPR systems is installed, maintained, or 5 operated, and the law enforcement agency may share such system 6 data for the purposes set forth in this subsection. 7 (g) A law enforcement agency that uses ALPR systems shall 8 maintain records sufficient to facilitate public reporting as 9 required by this Section, the production of an audit trail, 10 and discovery in criminal and civil proceedings, appeals, and 11 post-conviction proceedings. 12 (h) A law enforcement agency that uses ALPR systems shall 13 establish a policy governing its use that is consistent with 14 this Section that includes: 15 (1) training requirements for individuals who will use 16 or access the ALPR systems; 17 (2) the purposes for which the ALPR systems may be 18 used or accessed; 19 (3) procedures to ensure that the databases used by 20 the ALPR systems to provide notifications as set forth in 21 subsection (d) are updated at least every 24 hours, or as 22 soon as practicable after the updates become available; 23 (4) procedures to confirm the accuracy of any 24 notifications made by the ALPR systems before stopping a 25 vehicle that are consistent with subsection (m); 26 (5) a prohibition against downloading system data that HB5231 - 39 - LRB104 18194 LNS 31633 b 1 is not related to at least one of the purposes set forth in 2 subsection (d), except for downloads of audit trail data 3 for purposes of generating audit reports; 4 (6) an internal auditing procedure that occurs at 5 least once every 30 days; 6 (7) procedures for the retention and destruction of 7 system data and audit trail data that are consistent with 8 subsection (e); 9 (8) a prohibition on the sale of system data and audit 10 trail data and restrictions on the sharing of system data 11 and audit trail data that are consistent with subsection 12 (f); and 13 (9) security procedures to protect the ALPR systems, 14 system data, and audit trail data from unauthorized 15 access, destruction, use, modification, or disclosure. 16 (i) A law enforcement agency that uses ALPR systems shall 17 report to the Illinois State Police by April 1 of each year, in 18 a format to be determined by the Illinois State Police, on its 19 use of the ALPR systems during the preceding calendar year, 20 which shall include the following data: 21 (1) the total number of cameras owned or leased by an 22 agency as part of ALPR systems at the conclusion of each 23 calendar year, including the number of the cameras 24 designed to be affixed inside or on a motor vehicle, 25 permanently affixed adjacent to a highway, or temporarily 26 affixed or placed adjacent to a highway for purposes of HB5231 - 40 - LRB104 18194 LNS 31633 b 1 capturing system data; 2 (2) a list of all State and federal databases with 3 which the system data was compared, unless the existence 4 of any the database itself is not public; 5 (3) the total number of times the ALPR systems was 6 queried, including the specific purposes of the queries, 7 as set forth in subsection (d), and the offense types for 8 any criminal investigation; 9 (4) the race, ethnicity, age, and gender of any 10 individual identified as a suspect and charged with a 11 criminal offense as a result of a query of the ALPR systems 12 as part of a criminal investigation; 13 (5) the number of motor vehicles stopped based on 14 notifications from the ALPR systems, including the 15 specific reasons for the notifications as set forth in 16 subsection (d); 17 (6) the race, ethnicity, age, and gender of the driver 18 of any motor vehicle stopped based on a notification from 19 the ALPR systems; 20 (7) whether the law enforcement agency allows any 21 other law enforcement agency to access its system data, 22 and if so, which other law enforcement agency has been 23 granted access; 24 (8) the number of identified instances of unauthorized 25 use of or access to the ALPR systems, including the nature 26 and circumstances of any instances; and HB5231 - 41 - LRB104 18194 LNS 31633 b 1 (9) the number of subpoena duces tecum, search 2 warrants, and any other requests received from a third 3 party for system data or audit trail data, including the 4 identity of the entity that requested the issuance of the 5 subpoena duces tecum, executed the search warrant, or 6 requested system data or audit trail data, and whether any 7 system data or audit trail data was provided to the 8 entity, unless disclosure of the subpoena duces tecum, 9 search warrant, or request is otherwise prohibited by law. 10 (j) The Illinois State Police shall aggregate the data 11 provided pursuant to subsection (i) and report it to the 12 Governor, the General Assembly, and the Illinois Criminal 13 Justice Information Authority by July 1 of each year. 14 (k) A law enforcement agency that uses ALPR systems shall 15 publicly post the policy set forth in subsection (h) and the 16 report set forth in subsection (i). Data shall not be publicly 17 posted if it contains personal or case identifying 18 information. If any data (i) contains an articulable concern 19 for any person's safety, (ii) is otherwise prohibited from 20 public disclosure by federal or State statute, or (iii) may 21 compromise sensitive criminal justice information if 22 disclosed, the data may be excluded from being publicly 23 posted. 24 (l) A law enforcement agency shall not use ALPR systems 25 for the purpose of interfering with individuals engaged in 26 lawful activities or tracking individuals on the basis of the HB5231 - 42 - LRB104 18194 LNS 31633 b 1 content of lawfully protected speech, along with the 2 prohibitions set forth in subsection (b) of Section 2-130. 3 (m) A notification by ALPR systems for purposes set forth 4 in subsection (d) does not, by itself, constitute reasonable 5 suspicion as grounds for a law enforcement agency to stop a 6 vehicle. Prior to stopping a vehicle based on a notification, 7 a law enforcement officer shall: 8 (1) develop independent reasonable suspicion for the 9 stop; or 10 (2) confirm that the license plate or identifying 11 characteristics of a vehicle match the information 12 contained in the database used to generate the 13 notification. 14 (n) Any person who willfully and intentionally queries, 15 accesses, or uses ALPR systems for a purpose other than set 16 forth in subsection (d), or who willfully and intentionally 17 sells, shares, or disseminates system data or audit trail data 18 in violation of subsection (f), is guilty of a Class 1 19 misdemeanor. 20 (o) Any evidence obtained as the result of a violation of 21 subsection (d), (f), (l), or (m) is not admissible by the State 22 in any criminal or civil proceeding, but the evidence may be 23 admitted by a defendant in a criminal proceeding or a 24 litigant, other than the State, in a civil proceeding. 25 (p) This Section does not apply to ALPR systems used: 26 (1) for the enforcement of traffic laws, which HB5231 - 43 - LRB104 18194 LNS 31633 b 1 includes parking regulations, speed limits, tolling 2 requirements, high-occupancy vehicle requirements, or 3 on-road emissions monitoring; 4 (2) by the Department of Transportation at permanent 5 weighing stations and in mobile weighing operations; or 6 (3) by any State or local agency or any private entity 7 for non-criminal justice purposes. 8 (q) A vendor shall immediately notify the contracting law 9 enforcement agency under subsection (c) upon receipt of a 10 subpoena duces tecum, execution of a search warrant, or any 11 other request from a third party for any system data or audit 12 trail data, unless disclosure of the subpoena duces tecum, 13 search warrant, or request is otherwise prohibited by law. 14 (r) Prior to or coincident with the implementation of ALPR 15 systems, a law enforcement agency shall take measures to 16 promote public awareness on the use of ALPR systems. 17 Section 95. No acceleration or delay. Where this Act makes 18 changes in a statute that is represented in this Act by text 19 that is not yet or no longer in effect (for example, a Section 20 represented by multiple versions), the use of that text does 21 not accelerate or delay the taking effect of (i) the changes 22 made by this Act or (ii) provisions derived from any other 23 Public Act. HB5231 - 44 - LRB104 18194 LNS 31633 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 140/7.5 4 625 ILCS 5/2-131 new Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. 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