HB1509 103RD GENERAL ASSEMBLY

LRB103 05316 CPF 50334 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1509

Introduced 1/31/2023, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

210 ILCS 32/35 new
210 ILCS 45/3-801.3 new
210 ILCS 165/35 new

Amends the Nursing Home Care Act, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, and the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that, on and after January 1, 2024, long-term care facilities, nursing homes, community-integrated living arrangements, and developmental disability facilities shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each vehicle owned or operated by the long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility. Requires in-car video camera recording under specified situations. Requires a recording medium containing each in-car video camera recording to be retained for a period of at least 365 days. Provides that a long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. Contains other provisions.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Authorized Electronic Monitoring in Long-Term Care Facilities Act is amended by adding Section 35 as follows:

(210 ILCS 32/35 new)

Sec. 35. Video and audio in facility vehicles.

(a) In this Section:

"Audio recording" means a recorded conversation between a facility employee and a resident.

"Facility vehicle" means a vehicle owned or operated by a facility.

"In-car video camera" means a recording device in a vehicle.

"Recording" means the process of capturing video and audio data or information that is stored on a recording medium.

"Recording medium" means any medium for the retention and playback of recorded audio and video, including, but not limited to, a VHS, DVD, hard drive, or solid state, digital, or flash memory technology.

(b) On and after January 1, 2024, a facility shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each facility vehicle.

(c) In-car video camera recording must occur whenever any of the following occur:

(1) A facility employee and a resident are inside a facility vehicle.

(2) A resident is inside a facility vehicle.

(3) A facility employee is operating a facility vehicle.

(d) A recording medium containing each in-car video camera recording shall be retained by the facility for a period of at least 365 days. Under no circumstances shall any in-car video camera recording be altered or erased prior to the expiration of the 365-day retention period. After the 365-day retention period has elapsed, the in-car video camera recording may be erased and the recording medium reissued for operational use, unless otherwise ordered by a court.

(e) A facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. A facility employee who operates a facility vehicle must immediately document and notify the employee's supervisor of any technical difficulty, failure, or problem with a facility vehicle's in-car video camera recording equipment or a recording medium. Upon receiving notice, the facility employee's supervisor shall make every reasonable effort to correct and repair the in-car video camera recording equipment or recording medium and determine whether it is in the public interest to permit the use of the facility vehicle.

Section 10. The Nursing Home Care Act is amended by adding Section 3-801.3 as follows:

(210 ILCS 45/3-801.3 new)

Sec. 3-801.3. Video and audio in facility vehicles.

(a) In this Section:

"Audio recording" means a recorded conversation between a facility employee and a resident.

"Facility vehicle" means a vehicle owned or operated by a facility.

"In-car video camera" means a recording device in a vehicle.

"Recording" means the process of capturing video and audio data or information that is stored on a recording medium.

"Recording medium" means any medium for the retention and playback of recorded audio and video, including, but not limited to, a VHS, DVD, hard drive, or solid state, digital, or flash memory technology.

(b) On and after January 1, 2024, a facility shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each facility vehicle.

(c) In-car video camera recording must occur whenever any of the following occur:

(1) A facility employee and a resident are inside a facility vehicle.

(2) A resident is inside a facility vehicle.

(3) A facility employee is operating a facility vehicle.

(d) A recording medium containing each in-car video camera recording shall be retained by the facility for a period of at least 365 days. Under no circumstances shall any in-car video camera recording be altered or erased prior to the expiration of the 365-day retention period. After the 365-day retention period has elapsed, the in-car video camera recording may be erased and the recording medium reissued for operational use, unless otherwise ordered by a court.

(e) A facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. A facility employee who operates a facility vehicle must immediately document and notify the employee's supervisor of any technical difficulty, failure, or problem with a facility vehicle's in-car video camera recording equipment or a recording medium. Upon receiving notice, the facility employee's supervisor shall make every reasonable effort to correct and repair the in-car video camera recording equipment or recording medium and determine whether it is in the public interest to permit the use of the facility vehicle.

Section 15. The Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act is amended by adding Section 35 as follows:

(210 ILCS 165/35 new)

Sec. 35. Video and audio in community-integrated living arrangement and developmental disability facility vehicles.

(a) In this Section:

"Audio recording" means a recorded conversation between a facility employee and a resident.

"Facility" means a community-integrated living arrangement or developmental disability facility.

"Facility vehicle" means a vehicle owned or operated by a facility.

"In-car video camera" means a recording device in a vehicle.

"Recording" means the process of capturing video and audio data or information that is stored on a recording medium.

"Recording medium" means any medium for the retention and playback of recorded audio and video, including, but not limited to, a VHS, DVD, hard drive, or solid state, digital, or flash memory technology.

(b) On and after January 1, 2024, a facility shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each facility vehicle.

(c) In-car video camera recording must occur whenever any of the following occur:

(1) A facility employee and a resident are inside a facility vehicle.

(2) A resident is inside a facility vehicle.

(3) A facility employee is operating a facility vehicle.

(d) A recording medium containing each in-car video camera recording shall be retained by the facility for a period of at least 365 days. Under no circumstances shall any in-car video camera recording be altered or erased prior to the expiration of the 365-day retention period. After the 365-day retention period has elapsed, the in-car video camera recording may be erased and the recording medium reissued for operational use, unless otherwise ordered by a court.

(e) A facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. A facility employee who operates a facility vehicle must immediately document and notify the employee's supervisor of any technical difficulty, failure, or problem with a facility vehicle's in-car video camera recording equipment or a recording medium. Upon receiving notice, the facility employee's supervisor shall make every reasonable effort to correct and repair the in-car video camera recording equipment or recording medium and determine whether it is in the public interest to permit the use of the facility vehicle.