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*LRB09911227SXM31763b* HB3932 99TH GENERAL ASSEMBLY State of Illinois and 2016 HB3932 by Rep.
HB3932 Engrossed LRB099 11227 SXM 31763 b AN ACT concerning education.
Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
ILCS 1020/1 from Ch.
144, par.
1951 Amends the Private College Campus Police Act.
Provides that a campus police department subject to this Act shall disclose to the public any information that a law enforcement agency would have to disclose under the Freedom of Information Act.
LRB099 11227 SXM 31763 b A BILL FOR HB3932 LRB099 11227 SXM 31763 b AN ACT concerning education.
The Private College Campus Police Act is amended by changing Section 1 as follows:
The Private College Campus Police Act is amended by adding Section 1.5 as follows:
(110 ILCS 1020/1) (from Ch.
(110 ILCS 1020/1.5 new) Sec.
144, par.
1.5.
1951) Sec.
Records.
1.
(a) Information and records in the custody or possession of a campus police department subject to this Act shall be open to inspection or copying as described in this Section to the extent the information and records relate to the members of the campus police department's exercise of the powers of municipal peace officers or county sheriffs, as provided in Section 1 of this Act.
The Board of Trustees of a private college or private university, may appoint persons to be members of a campus police department.
(b) The following records are subject to inspection and copying under subsection (a) of this Section:
The Board shall assign duties, including the enforcement of college or university regulations, and prescribe the oath of office.
(1) traffic stop and field contact information, including, but not limited to, date, time, location, reason for the stop, whether a search was conducted, disposition, and race and gender of the person stopped;
With respect to any such campus police department established for police protection, the members of such campus police department shall be persons who have successfully completed the Minimum Standards Basic Law Enforcement Training Course offered at a police training school established under the Illinois Police Training Act, as such Act may be now or hereafter amended.
(2) department directives;
All members of such campus police departments must also successfully complete the Firearms Training for Peace Officers established under the Peace Officer and Probation Officer Firearm Training Act.
(3) daily crime log information for all crimes reported to the campus police department that is maintained pursuant HB3932 Engrossed - 2 - LRB099 11227 SXM 31763 b to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C.
Members of the campus police department shall have the powers of municipal peace officers and county sheriffs, including the power to make arrests under the HB3932 - 2 - LRB099 11227 SXM 31763 b circumstances prescribed in Section 107-2 of the Code of Criminal Procedure of 1963, as amended, for violations of state statutes or municipal or county ordinances, including the ability to regulate and control traffic on the public way contiguous to the college or university property, for the protection of students, employees, visitors and their property, and the property branches, and interests of the college or university, in the county where the college or university is located.
1092(f) and its implementing regulations, including, but not limited to, the date the crime was reported, the date and time the crime occurred, the nature and location of the crime, and the disposition of the complaint, if known;
Campus police shall have no authority to serve civil process.
(4) arrest report information, including, but not limited to, information that identifies the arrestee, when and if available, information detailing any charges relating to the arrest, the time and location of the arrest, the name of the investigating or arresting law enforcement agency, if the individual is detained, the amount of any bail or bond, and the time and date that the individual was received into, discharged from, or transferred from the arresting agency's custody;
Members of the campus police department at a private college or private university shall not be eligible to participate in any State, county or municipal retirement fund and shall not be reimbursed for training with state funds.
(5) broadcast radio communications between or among officers and dispatchers of the campus police department concerning traffic stops, field contacts, and arrests;
the uniforms, vehicles, and badges of such officers shall be distinctive from those of the local law enforcement agency where the main campus is located.
and (6) crime data and statistics that are required to be reported pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
The Board of Trustees shall provide liability insurance coverage for each member of the campus police department without cost to the member, which insures the member against any liability which arises out of or in the course of the member's employment for no less than $250,000 of coverage, unless such indemnification is provided by a program of self-insurance.
(c) The following records are not subject to inspection and copying under subsection (a) of this Section:
A campus police department subject to this Act shall disclose to the public any information that a law enforcement HB3932 - 3 - LRB099 11227 SXM 31763 b agency would have to disclose under the Freedom of Information Act.
(1) records that are in the custody or possession of a campus police department that do not pertain to the exercise of power of a municipal peace officer or county HB3932 Engrossed - 3 - LRB099 11227 SXM 31763 b sheriff;
For the purposes of this Section, "private college" or "private university" means:
(2) records regarding employment matters, including grievances and disciplinary matters, unless such records relate to cases in which a member of the campus police department's exercise of the powers of a municipal peace officer or a county sheriff results in the imposition of discipline;
(1) any college or university which is not owned or controlled by the State or any political subdivision thereof, and (2) which provides a program of education in residence leading to a baccalaureate degree, or which provides a program of education in residence, for which the baccalaureate degree is a prerequisite, leading to an academic or professional degree, and (3) which is accredited by the North Central Association or other nationally recognized accrediting agency.
however, nothing in this subdivision (2) shall be construed to limit, alter, or modify any of the terms, conditions, or provisions of a collective bargaining agreement existing on the effective date of this amendatory Act of the 99th General Assembly, and nothing in this subdivision (2) precludes a private college or private university and the exclusive bargaining representative from agreeing to and implementing this subdivision (2) prior to the termination of the existing collective bargaining agreement;
(Source:
(3) records regarding labor contract negotiations;
P.A.
(4) wage information;
98-725, eff.
(5) information about insurance;
1-1-15.)
(6) records relating to all ongoing investigations or security threats the disclosure of which would jeopardize public safety;
(7) records relating to students and related disciplinary proceedings and actions, including, but not limited to, those prohibited by the federal Family Educational Rights and Privacy Act of 1974 and the Illinois HB3932 Engrossed - 4 - LRB099 11227 SXM 31763 b Health Insurance Portability and Accountability Act;
(8) arrest records protected by the Juvenile Court Act of 1987;
(9) records relating to campus building access;
(10) records, tapes, and other digital media from campus security cameras;
(11) non-criminal campus incident reports;
and (12) documents exempted from or not subject to the Freedom of Information Act.
(d) A person may request records as described in this Section, and a campus police department shall make records available for public inspection.
No fees shall be charged for the first 50 pages of black and white, letter or legal-sized copies.
The fee for black and white, letter or legal-sized copies shall not exceed 15 cents per page;
for color copies or copies of other sizes, the campus police department may charge up to its actual cost for reproducing the records.
A campus police department is not required to copy a record that is published on the department's, college's, or university's Internet website.
The campus police department shall notify the requester that the record is available online and direct the requester to the website where the record can be reasonably accessed.
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(e) Each campus police department shall designate one or more employees to receive requests submitted to the campus police department pursuant to subsection (a) of this Section HB3932 Engrossed - 5 - LRB099 11227 SXM 31763 b and ensure that the campus police department responds to requests within 5 business days, or a different period of time if agreed to by the requester and the campus police department.
The campus police department may notify a requester that the department requires an additional 5 business days to respond to requests.
(f) Each campus police department that maintains an Internet website shall post on its website a brief description of the methods whereby the public may request information and records.
If the campus police department does not maintain a website, such information shall be prominently displayed in its offices and made available for inspection and copying.
A campus police department may train employees regarding compliance with this Act by using the training program made available by the Office of the Attorney General Public Access Counselor.
(g) When a request is made to inspect or copy a record that contains information that would be exempt from disclosure under the Freedom of Information Act (including, but not limited to, exemptions listed in Sections 2.15 and 7 of the Freedom of Information Act), the campus police department may redact the information subject to the exemptions.
(h) Any person denied access to any record required to be publicly available under subsection (a) of this Section by a campus police department may file a request for review with the Public Access Counselor not later than 60 days after the date of the denial.
The request for review must be in writing, HB3932 Engrossed - 6 - LRB099 11227 SXM 31763 b signed by the requester, and include (i) a copy of the request for access to records and (ii) any responses from the campus police department.
(i) Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted.
If the Public Access Counselor determines that the alleged violation is unfounded, he or she shall so advise the requester and the campus police department, and no further action shall be undertaken.
Unless the Public Access Counselor extends the time by no more than 30 business days by sending written notice to the requester and the campus police department that includes a statement of the reasons for the extension in the notice or decides to address the matter without the issuance of a binding opinion, the Attorney General shall examine the issues and the records, shall make findings of fact and conclusions of law, and shall issue to the requester and the campus police department an opinion in response to the request for review within 60 days after its receipt.
The opinion shall be binding upon both the requester and the campus police department, subject to review in circuit court.
In responding to any request under this Section, the Attorney General may exercise his or her discretion and choose to resolve a request for review by mediation or by a means other than the issuance of a binding opinion.
The decision not to issue a binding opinion shall not be reviewable.
Upon receipt of a binding opinion concluding that a violation of this Section has occurred, the HB3932 Engrossed - 7 - LRB099 11227 SXM 31763 b campus police department shall either take necessary action immediately to comply with the directive of the opinion or shall initiate review proceedings.
A binding opinion granting or denying in whole or part the request shall be subject to review in the circuit court of Cook or Sangamon County.
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