Bill Text: IL SB1385 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Law Enforcement Officer-Worn Body Camera Act. Makes a technical change in a Section concerning the Act's purpose.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1385 Detail]
Download: Illinois-2019-SB1385-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Law Enforcement Officer-Worn Body Camera Act | ||||||||||||||||||||||||||
5 | is amended by changing Section 10-20 and by adding Section | ||||||||||||||||||||||||||
6 | 10-40 as follows:
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7 | (50 ILCS 706/10-20)
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8 | Sec. 10-20. Requirements. | ||||||||||||||||||||||||||
9 | (a) The Board shall develop basic guidelines for the use of | ||||||||||||||||||||||||||
10 | officer-worn body cameras by law enforcement agencies. The | ||||||||||||||||||||||||||
11 | guidelines developed by the Board shall be the basis for the | ||||||||||||||||||||||||||
12 | written policy which must be adopted by each law enforcement | ||||||||||||||||||||||||||
13 | agency which employs the use of officer-worn body cameras. The | ||||||||||||||||||||||||||
14 | written policy adopted by the law enforcement agency must | ||||||||||||||||||||||||||
15 | include, at a minimum, all of the following: | ||||||||||||||||||||||||||
16 | (1) Cameras must be equipped with pre-event recording, | ||||||||||||||||||||||||||
17 | capable of recording at least the 30 seconds prior to | ||||||||||||||||||||||||||
18 | camera activation, unless the officer-worn body camera was | ||||||||||||||||||||||||||
19 | purchased and acquired by the law enforcement agency prior | ||||||||||||||||||||||||||
20 | to July 1, 2015. | ||||||||||||||||||||||||||
21 | (2) Cameras must be capable of recording for a period | ||||||||||||||||||||||||||
22 | of 10 hours or more, unless the officer-worn body camera | ||||||||||||||||||||||||||
23 | was purchased and acquired by the law enforcement agency |
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1 | prior to July 1, 2015. | ||||||
2 | (3) Cameras must be turned on at all times when the | ||||||
3 | officer is in uniform and is responding to calls for | ||||||
4 | service or engaged in any law enforcement-related | ||||||
5 | encounter or activity, that occurs while the officer is on | ||||||
6 | duty. | ||||||
7 | (A) If exigent circumstances exist which prevent | ||||||
8 | the camera from being turned on, the camera must be | ||||||
9 | turned on as soon as practicable. | ||||||
10 | (B) Officer-worn body cameras may be turned off | ||||||
11 | when the officer is inside of a patrol car which is | ||||||
12 | equipped with a functioning in-car camera; however, | ||||||
13 | the officer must turn on the camera upon exiting the | ||||||
14 | patrol vehicle for law enforcement-related encounters. | ||||||
15 | (4) Cameras must be turned off when:
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16 | (A) the victim of a crime requests that the camera | ||||||
17 | be turned off, and unless impractical or impossible, | ||||||
18 | that request is made on the recording; | ||||||
19 | (B) a witness of a crime or a community member who | ||||||
20 | wishes to report a crime requests that the camera be | ||||||
21 | turned off, and unless impractical or impossible that | ||||||
22 | request is made on the recording; or
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23 | (C) the officer is interacting with a confidential | ||||||
24 | informant used by the law enforcement agency. | ||||||
25 | However, an officer may continue to record or resume | ||||||
26 | recording a victim or a witness, if exigent circumstances |
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1 | exist, or if the officer has reasonable articulable | ||||||
2 | suspicion that a victim or witness, or confidential | ||||||
3 | informant has committed or is in the process of committing | ||||||
4 | a crime. Under these circumstances, and unless impractical | ||||||
5 | or impossible, the officer must indicate on the recording | ||||||
6 | the reason for continuing to record despite the request of | ||||||
7 | the victim or witness. | ||||||
8 | (4.5) Cameras may be turned off when the officer is | ||||||
9 | engaged in community caretaking functions. However, the | ||||||
10 | camera must be turned on when the officer has reason to | ||||||
11 | believe that the person on whose behalf the officer is | ||||||
12 | performing a community caretaking function has committed | ||||||
13 | or is in the process of committing a crime. If exigent | ||||||
14 | circumstances exist which prevent the camera from being | ||||||
15 | turned on, the camera must be turned on as soon as | ||||||
16 | practicable. | ||||||
17 | (5) The officer must provide notice of recording to any | ||||||
18 | person if the person has a reasonable expectation of | ||||||
19 | privacy and proof of notice must be evident in the | ||||||
20 | recording.
If exigent circumstances exist which prevent | ||||||
21 | the officer from providing notice, notice must be provided | ||||||
22 | as soon as practicable. | ||||||
23 | (6) For the purposes of redaction, labeling, or | ||||||
24 | duplicating recordings, access to camera recordings shall | ||||||
25 | be restricted to only those personnel responsible for those | ||||||
26 | purposes. The recording officer and his or her supervisor |
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1 | may access and review recordings prior to completing | ||||||
2 | incident reports or other documentation, provided that the | ||||||
3 | officer or his or her supervisor discloses that fact in the | ||||||
4 | report or documentation. | ||||||
5 | (7) Recordings made on officer-worn cameras must be | ||||||
6 | retained by the law enforcement agency or by the camera | ||||||
7 | vendor used by the agency, on a recording medium for a | ||||||
8 | period of 90 days. | ||||||
9 | (A) Under no circumstances shall any recording | ||||||
10 | made with an officer-worn body camera be altered, | ||||||
11 | erased, or destroyed prior to the expiration of the | ||||||
12 | 90-day storage period.
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13 | (B) Following the 90-day storage period, any and | ||||||
14 | all recordings made with an officer-worn body camera | ||||||
15 | must be destroyed, unless any encounter captured on the | ||||||
16 | recording has been flagged. An encounter is deemed to | ||||||
17 | be flagged when:
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18 | (i) a formal or informal complaint has been | ||||||
19 | filed; | ||||||
20 | (ii) the officer discharged his or her firearm | ||||||
21 | or used force during the encounter;
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22 | (iii) death or great bodily harm occurred to | ||||||
23 | any person in the recording;
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24 | (iv) the encounter resulted in a detention or | ||||||
25 | an arrest, excluding traffic stops which resulted | ||||||
26 | in only a minor traffic offense or business |
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1 | offense; | ||||||
2 | (v) the officer is the subject of an internal | ||||||
3 | investigation or otherwise being investigated for | ||||||
4 | possible misconduct;
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5 | (vi) the supervisor of the officer, | ||||||
6 | prosecutor, defendant, or court determines that | ||||||
7 | the encounter has evidentiary value in a criminal | ||||||
8 | prosecution; or | ||||||
9 | (vii) the recording officer requests that the | ||||||
10 | video be flagged for official purposes related to | ||||||
11 | his or her official duties. | ||||||
12 | (C) Under no circumstances shall any recording | ||||||
13 | made with an officer-worn body camera relating to a | ||||||
14 | flagged encounter be altered or destroyed prior to 2 | ||||||
15 | years after the recording was flagged. If the flagged | ||||||
16 | recording was used in a criminal, civil, or | ||||||
17 | administrative proceeding, the recording shall not be | ||||||
18 | destroyed except upon a final disposition and order | ||||||
19 | from the court. | ||||||
20 | (8) Following the 90-day storage period, recordings | ||||||
21 | may be retained if a supervisor at the law enforcement | ||||||
22 | agency designates the recording for training purposes. If | ||||||
23 | the recording is designated for training purposes, the | ||||||
24 | recordings may be viewed by officers, in the presence of a | ||||||
25 | supervisor or training instructor, for the purposes of | ||||||
26 | instruction, training, or ensuring compliance with agency |
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1 | policies.
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2 | (9) Recordings shall not be used to discipline law | ||||||
3 | enforcement officers unless: | ||||||
4 | (A) a formal or informal complaint of misconduct | ||||||
5 | has been made; | ||||||
6 | (B) a use of force incident has occurred; | ||||||
7 | (C) the encounter on the recording could result in | ||||||
8 | a formal investigation under the Uniform Peace | ||||||
9 | Officers' Disciplinary Act; or | ||||||
10 | (D) as corroboration of other evidence of | ||||||
11 | misconduct. | ||||||
12 | Nothing in this paragraph (9) shall be construed to | ||||||
13 | limit or prohibit a law enforcement officer from being | ||||||
14 | subject to an action that does not amount to discipline. | ||||||
15 | (10) The law enforcement agency shall ensure proper | ||||||
16 | care and maintenance of officer-worn body cameras. Upon | ||||||
17 | becoming aware, officers must as soon as practical document | ||||||
18 | and notify the appropriate supervisor of any technical | ||||||
19 | difficulties, failures, or problems with the officer-worn | ||||||
20 | body camera or associated equipment. Upon receiving | ||||||
21 | notice, the appropriate supervisor shall make every | ||||||
22 | reasonable effort to correct and repair any of the | ||||||
23 | officer-worn body camera equipment. | ||||||
24 | (11) No officer may hinder or prohibit any person, not | ||||||
25 | a law enforcement officer, from recording a law enforcement | ||||||
26 | officer in the performance of his or her duties in a public |
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1 | place or when the officer has no reasonable expectation of | ||||||
2 | privacy.
The law enforcement agency's written policy shall | ||||||
3 | indicate the potential criminal penalties, as well as any | ||||||
4 | departmental discipline, which may result from unlawful | ||||||
5 | confiscation or destruction of the recording medium of a | ||||||
6 | person who is not a law enforcement officer. However, an | ||||||
7 | officer may take reasonable action to maintain safety and | ||||||
8 | control, secure crime scenes and accident sites, protect | ||||||
9 | the integrity and confidentiality of investigations, and | ||||||
10 | protect the public safety and order. | ||||||
11 | (b) Recordings made with the use of an officer-worn body | ||||||
12 | camera are not subject to disclosure under the Freedom of | ||||||
13 | Information Act, except that: | ||||||
14 | (1) if the subject of the encounter has a reasonable | ||||||
15 | expectation of privacy, at the time of the recording, any | ||||||
16 | recording which is flagged, due to the filing of a | ||||||
17 | complaint, discharge of a firearm, use of force, arrest or | ||||||
18 | detention, or resulting death or bodily harm, shall be | ||||||
19 | disclosed in accordance with the Freedom of Information Act | ||||||
20 | if: | ||||||
21 | (A) the subject of the encounter captured on the | ||||||
22 | recording is a victim or witness; and | ||||||
23 | (B) the law enforcement agency obtains written | ||||||
24 | permission of the subject or the subject's legal | ||||||
25 | representative; | ||||||
26 | (2) except as provided in paragraph (1) of this |
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1 | subsection (b), any recording which is flagged due to the | ||||||
2 | filing of a complaint, discharge of a firearm, use of | ||||||
3 | force, arrest or detention, or resulting death or bodily | ||||||
4 | harm shall be disclosed in accordance with the Freedom of | ||||||
5 | Information Act; and | ||||||
6 | (3) upon request, the law enforcement agency shall | ||||||
7 | disclose, in accordance with the Freedom of Information | ||||||
8 | Act, the recording to the subject of the encounter captured | ||||||
9 | on the recording or to the subject's attorney, or the | ||||||
10 | officer or his or her legal representative. | ||||||
11 | For the purposes of paragraph (1) of this subsection (b), | ||||||
12 | the subject of the encounter does not have a reasonable | ||||||
13 | expectation of privacy if the subject was arrested as a result | ||||||
14 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
15 | (1) of this subsection (b), "witness" does not include a person | ||||||
16 | who is a victim or who was arrested as a result of the | ||||||
17 | encounter.
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18 | Only recordings or portions of recordings responsive to the | ||||||
19 | request shall be available for inspection or reproduction. Any | ||||||
20 | recording disclosed under the Freedom of Information Act shall | ||||||
21 | be redacted to remove identification of any person that appears | ||||||
22 | on the recording and is not the officer, a subject of the | ||||||
23 | encounter, or directly involved in the encounter , and all law | ||||||
24 | enforcement officer identifiers if the recordings are made | ||||||
25 | available from any law enforcement or government agency to the | ||||||
26 | media or public unless that law enforcement officer has been |
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1 | criminally charged relative to the recorded incident . Nothing | ||||||
2 | in this subsection (b) shall require the disclosure of any | ||||||
3 | recording or portion of any recording which would be exempt | ||||||
4 | from disclosure under the Freedom of Information Act. | ||||||
5 | (c) Nothing in this Section shall limit access to a camera | ||||||
6 | recording for the purposes of complying with Supreme Court | ||||||
7 | rules or the rules of evidence.
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8 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
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9 | (50 ILCS 706/10-40 new) | ||||||
10 | Sec. 10-40. Penalties. If any law enforcement or government | ||||||
11 | agency fails to follow the requirements of this Act, the agency | ||||||
12 | is liable for a penalty of $100 per day to the affected | ||||||
13 | individual. The individual and that individual's labor | ||||||
14 | organization has the right to file suit against that law | ||||||
15 | enforcement agency to require the agency to comply with the | ||||||
16 | terms of this Act. The law enforcement or government agency | ||||||
17 | shall pay the attorney's fees of an individual or labor | ||||||
18 | organization who is successful in suing to enforce the terms of | ||||||
19 | this Act.
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