100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3243

 

Introduced , by Rep. Christine Winger

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/10.8 new

    Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt language to warn bystanders of the rights of law enforcement when photographs or video are taken at a crime or accident scene. Provides that the language adopted shall state that first responders present are authorized to inform a person present at a crime or accident scene that any photograph video or photograph are liable to used and preserved for evidentiary purposes, and may be preserved by law enforcement and may not be deleted. Provides that adopted language shall state that law enforcement has the right to see the photographic or video evidence at the scene and may temporarily take custody of the device to preserve the photograph or video taken that is pertinent to the accident or crime scene. Provides that the Board shall distribute the model language created to law enforcement agencies, fire departments, and emergency medical services agencies of this State. Effective immediately.


LRB100 10331 SLF 20520 b

 

 

A BILL FOR

 

HB3243LRB100 10331 SLF 20520 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5adding Section 10.8 as follows:
 
6    (50 ILCS 705/10.8 new)
7    Sec. 10.8. Procedures for law enforcement; photograph or
8video at scene.
9    (a) The Board shall adopt model language to warn bystanders
10of the rights of law enforcement when photographs or video are
11taken at a crime or accident scene. The Board shall consult
12with the Office of the State Fire Marshal when adopting
13language under this Section. The model language shall be
14available to law enforcement and first responders when:
15        (1) an event that results in an emergency call for
16    first responders, including law enforcement, firefighters,
17    emergency medical responders, or any combination; and
18        (2) a person physically present at the crime or
19    accident scene takes photographs or video of:
20            (i) the crime or accident scene;
21            (ii) persons injured by the event; or
22            (iii) items of property physically damaged at the
23        scene.

 

 

HB3243- 2 -LRB100 10331 SLF 20520 b

1    (b) The language adopted shall provide that first
2responders present are authorized to inform a person present at
3a crime or accident scene that any photograph video or
4photograph:
5        (1) are liable to used and preserved for evidentiary
6    purposes; and
7        (2) may be preserved by law enforcement and may not be
8    deleted.
9    Adopted language shall state that law enforcement has the
10right to see photographic or video evidence at the scent and
11may temporarily take custody of the device to preserve the
12photograph or video taken that is pertinent to the accident or
13crime scene.
14    (c) The Board shall distribute the model language created
15under this Section to law enforcement agencies, fire
16departments, and emergency medical services agencies of this
17State.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.