101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4065

 

Introduced 1/13/2020, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5

    Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are not subject to disclosure under the Freedom of Information Act. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Public
5Official Body Camera Act.
 
6    Section 5. Definitions. In this Act:
7    "Body camera" means an electronic camera system for
8creating, generating, sending, receiving, storing, displaying,
9and processing audiovisual recordings that may be worn about
10the person wearing the device.
11    "Official duties" means the duties and responsibilities of
12the public official that may vary depending on the role of the
13public official.
14    "Public official" means any person who is elected or
15appointed to public office.
 
16    Section 10. Requirements; body cameras.
17    (a) The State Board of Elections shall develop rules for
18the use of body cameras by public officials of this State. The
19policy adopted must include, at a minimum, all of the
20following:
21        (1) Cameras must be equipped with pre-event recording,
22    capable of recording at least the 30 seconds prior to

 

 

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1    camera activation.
2        (2) Cameras must be capable of recording for a period
3    of 10 hours or more.
4        (3) Cameras must be turned on at all times when the
5    public official is engaged in his or her official duties.
6    The State Board of Elections shall prescribe when a public
7    official needs to wear a body camera to be in compliance
8    with this Act.
9        (4) The public official must provide notice of
10    recording to any person if the person has a reasonable
11    expectation of privacy and proof of notice must be evident
12    in the recording.
13        (5) Recordings made on a body camera worn by a public
14    official must be retained on a recording medium for a
15    period of 90 days. Under no circumstances shall any
16    recording made with an body camera worn by a public
17    official be altered, erased, or destroyed prior to the
18    expiration of the 90-day storage period.
19        (6) For the purposes of redaction, labeling, or
20    duplicating recordings, access to camera recordings shall
21    be restricted to only those personnel responsible for those
22    purposes.
23    (b) Recordings made with the use of a body camera worn by a
24public official are not subject to disclosure under the Freedom
25of Information Act. Only recordings or portions of recordings
26responsive to the request shall be available for inspection or

 

 

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1reproduction. Nothing in this subsection (b) shall require the
2disclosure of any recording or portion of any recording which
3would be exempt from disclosure under the Freedom of
4Information Act. Nothing in this Section shall limit access to
5a camera recording for the purposes of complying with Supreme
6Court rules or the rules of evidence.
 
7    Section 15. Evidence. The recordings may be used as
8evidence in any administrative, judicial, legislative, or
9disciplinary proceeding. If a court or other finder of fact
10finds by a preponderance of the evidence that a recording was
11intentionally not captured, destroyed, altered, or
12intermittently captured in violation of this Act, then the
13court or other finder of fact shall consider or be instructed
14to consider that violation in weighing the evidence, unless the
15State provides a reasonable justification.
 
16    Section 105. The Freedom of Information Act is amended by
17changing Section 7.5 as follows:
 
18    (5 ILCS 140/7.5)
19    Sec. 7.5. Statutory exemptions. To the extent provided for
20by the statutes referenced below, the following shall be exempt
21from inspection and copying:
22        (a) All information determined to be confidential
23    under Section 4002 of the Technology Advancement and

 

 

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1    Development Act.
2        (b) Library circulation and order records identifying
3    library users with specific materials under the Library
4    Records Confidentiality Act.
5        (c) Applications, related documents, and medical
6    records received by the Experimental Organ Transplantation
7    Procedures Board and any and all documents or other records
8    prepared by the Experimental Organ Transplantation
9    Procedures Board or its staff relating to applications it
10    has received.
11        (d) Information and records held by the Department of
12    Public Health and its authorized representatives relating
13    to known or suspected cases of sexually transmissible
14    disease or any information the disclosure of which is
15    restricted under the Illinois Sexually Transmissible
16    Disease Control Act.
17        (e) Information the disclosure of which is exempted
18    under Section 30 of the Radon Industry Licensing Act.
19        (f) Firm performance evaluations under Section 55 of
20    the Architectural, Engineering, and Land Surveying
21    Qualifications Based Selection Act.
22        (g) Information the disclosure of which is restricted
23    and exempted under Section 50 of the Illinois Prepaid
24    Tuition Act.
25        (h) Information the disclosure of which is exempted
26    under the State Officials and Employees Ethics Act, and

 

 

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1    records of any lawfully created State or local inspector
2    general's office that would be exempt if created or
3    obtained by an Executive Inspector General's office under
4    that Act.
5        (i) Information contained in a local emergency energy
6    plan submitted to a municipality in accordance with a local
7    emergency energy plan ordinance that is adopted under
8    Section 11-21.5-5 of the Illinois Municipal Code.
9        (j) Information and data concerning the distribution
10    of surcharge moneys collected and remitted by carriers
11    under the Emergency Telephone System Act.
12        (k) Law enforcement officer identification information
13    or driver identification information compiled by a law
14    enforcement agency or the Department of Transportation
15    under Section 11-212 of the Illinois Vehicle Code.
16        (l) Records and information provided to a residential
17    health care facility resident sexual assault and death
18    review team or the Executive Council under the Abuse
19    Prevention Review Team Act.
20        (m) Information provided to the predatory lending
21    database created pursuant to Article 3 of the Residential
22    Real Property Disclosure Act, except to the extent
23    authorized under that Article.
24        (n) Defense budgets and petitions for certification of
25    compensation and expenses for court appointed trial
26    counsel as provided under Sections 10 and 15 of the Capital

 

 

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1    Crimes Litigation Act. This subsection (n) shall apply
2    until the conclusion of the trial of the case, even if the
3    prosecution chooses not to pursue the death penalty prior
4    to trial or sentencing.
5        (o) Information that is prohibited from being
6    disclosed under Section 4 of the Illinois Health and
7    Hazardous Substances Registry Act.
8        (p) Security portions of system safety program plans,
9    investigation reports, surveys, schedules, lists, data, or
10    information compiled, collected, or prepared by or for the
11    Regional Transportation Authority under Section 2.11 of
12    the Regional Transportation Authority Act or the St. Clair
13    County Transit District under the Bi-State Transit Safety
14    Act.
15        (q) Information prohibited from being disclosed by the
16    Personnel Record Review Act.
17        (r) Information prohibited from being disclosed by the
18    Illinois School Student Records Act.
19        (s) Information the disclosure of which is restricted
20    under Section 5-108 of the Public Utilities Act.
21        (t) All identified or deidentified health information
22    in the form of health data or medical records contained in,
23    stored in, submitted to, transferred by, or released from
24    the Illinois Health Information Exchange, and identified
25    or deidentified health information in the form of health
26    data and medical records of the Illinois Health Information

 

 

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1    Exchange in the possession of the Illinois Health
2    Information Exchange Authority due to its administration
3    of the Illinois Health Information Exchange. The terms
4    "identified" and "deidentified" shall be given the same
5    meaning as in the Health Insurance Portability and
6    Accountability Act of 1996, Public Law 104-191, or any
7    subsequent amendments thereto, and any regulations
8    promulgated thereunder.
9        (u) Records and information provided to an independent
10    team of experts under the Developmental Disability and
11    Mental Health Safety Act (also known as Brian's Law).
12        (v) Names and information of people who have applied
13    for or received Firearm Owner's Identification Cards under
14    the Firearm Owners Identification Card Act or applied for
15    or received a concealed carry license under the Firearm
16    Concealed Carry Act, unless otherwise authorized by the
17    Firearm Concealed Carry Act; and databases under the
18    Firearm Concealed Carry Act, records of the Concealed Carry
19    Licensing Review Board under the Firearm Concealed Carry
20    Act, and law enforcement agency objections under the
21    Firearm Concealed Carry Act.
22        (w) Personally identifiable information which is
23    exempted from disclosure under subsection (g) of Section
24    19.1 of the Toll Highway Act.
25        (x) Information which is exempted from disclosure
26    under Section 5-1014.3 of the Counties Code or Section

 

 

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1    8-11-21 of the Illinois Municipal Code.
2        (y) Confidential information under the Adult
3    Protective Services Act and its predecessor enabling
4    statute, the Elder Abuse and Neglect Act, including
5    information about the identity and administrative finding
6    against any caregiver of a verified and substantiated
7    decision of abuse, neglect, or financial exploitation of an
8    eligible adult maintained in the Registry established
9    under Section 7.5 of the Adult Protective Services Act.
10        (z) Records and information provided to a fatality
11    review team or the Illinois Fatality Review Team Advisory
12    Council under Section 15 of the Adult Protective Services
13    Act.
14        (aa) Information which is exempted from disclosure
15    under Section 2.37 of the Wildlife Code.
16        (bb) Information which is or was prohibited from
17    disclosure by the Juvenile Court Act of 1987.
18        (cc) Recordings made under the Law Enforcement
19    Officer-Worn Body Camera Act, except to the extent
20    authorized under that Act.
21        (dd) Information that is prohibited from being
22    disclosed under Section 45 of the Condominium and Common
23    Interest Community Ombudsperson Act.
24        (ee) Information that is exempted from disclosure
25    under Section 30.1 of the Pharmacy Practice Act.
26        (ff) Information that is exempted from disclosure

 

 

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1    under the Revised Uniform Unclaimed Property Act.
2        (gg) Information that is prohibited from being
3    disclosed under Section 7-603.5 of the Illinois Vehicle
4    Code.
5        (hh) Records that are exempt from disclosure under
6    Section 1A-16.7 of the Election Code.
7        (ii) Information which is exempted from disclosure
8    under Section 2505-800 of the Department of Revenue Law of
9    the Civil Administrative Code of Illinois.
10        (jj) Information and reports that are required to be
11    submitted to the Department of Labor by registering day and
12    temporary labor service agencies but are exempt from
13    disclosure under subsection (a-1) of Section 45 of the Day
14    and Temporary Labor Services Act.
15        (kk) Information prohibited from disclosure under the
16    Seizure and Forfeiture Reporting Act.
17        (ll) Information the disclosure of which is restricted
18    and exempted under Section 5-30.8 of the Illinois Public
19    Aid Code.
20        (mm) Records that are exempt from disclosure under
21    Section 4.2 of the Crime Victims Compensation Act.
22        (nn) Information that is exempt from disclosure under
23    Section 70 of the Higher Education Student Assistance Act.
24        (oo) Communications, notes, records, and reports
25    arising out of a peer support counseling session prohibited
26    from disclosure under the First Responders Suicide

 

 

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1    Prevention Act.
2        (pp) Names and all identifying information relating to
3    an employee of an emergency services provider or law
4    enforcement agency under the First Responders Suicide
5    Prevention Act.
6        (qq) (oo) Information and records held by the
7    Department of Public Health and its authorized
8    representatives collected under the Reproductive Health
9    Act.
10        (rr) (oo) Information that is exempt from disclosure
11    under the Cannabis Regulation and Tax Act.
12        (ss) (oo) Data reported by an employer to the
13    Department of Human Rights pursuant to Section 2-108 of the
14    Illinois Human Rights Act.
15        (tt) (oo) Recordings made under the Children's
16    Advocacy Center Act, except to the extent authorized under
17    that Act.
18        (uu) (oo) Information that is exempt from disclosure
19    under Section 50 of the Sexual Assault Evidence Submission
20    Act.
21        (vv) (oo) Information that is exempt from disclosure
22    under subsections (f) and (j) of Section 5-36 of the
23    Illinois Public Aid Code.
24        (ww) (oo) Information that is exempt from disclosure
25    under Section 16.8 of the State Treasurer Act.
26        (xx) Recordings made under the Public Official Body

 

 

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1    Camera Act, except to the extent authorized under that Act.
2(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
48-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
5eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
6100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
76-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
8eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
9101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
101-1-20; revised 9-25-19.)