Full Text of HB4050 103rd General Assembly
HB4050 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4050 Introduced 4/27/2023, by Rep. Dennis Tipsword, Jr. - Patrick Windhorst and Kevin Schmidt SYNOPSIS AS INTRODUCED: |
| |
Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony.
|
| |
| | A BILL FOR |
|
| | | HB4050 | | LRB103 31718 AWJ 60299 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows:
| 6 | | (5 ILCS 140/7.5)
| 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be | 9 | | exempt from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other | 19 | | records prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
| | | HB4050 | - 2 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
| | | HB4050 | - 3 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Department of Transportation under Sections 2705-300 and | 26 | | 2705-616 of the Department of Transportation Law of the |
| | | HB4050 | - 4 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | Civil Administrative Code of Illinois, the Regional | 2 | | Transportation Authority under Section 2.11 of the | 3 | | Regional Transportation Authority Act, or the St. Clair | 4 | | County Transit District under the Bi-State Transit Safety | 5 | | Act. | 6 | | (q) Information prohibited from being disclosed by the | 7 | | Personnel Record Review Act. | 8 | | (r) Information prohibited from being disclosed by the | 9 | | Illinois School Student Records Act. | 10 | | (s) Information the disclosure of which is restricted | 11 | | under Section 5-108 of the Public Utilities Act.
| 12 | | (t) All identified or deidentified health information | 13 | | in the form of health data or medical records contained | 14 | | in, stored in, submitted to, transferred by, or released | 15 | | from the Illinois Health Information Exchange, and | 16 | | identified or deidentified health information in the form | 17 | | of health data and medical records of the Illinois Health | 18 | | Information Exchange in the possession of the Illinois | 19 | | Health Information Exchange Office due to its | 20 | | administration of the Illinois Health Information | 21 | | Exchange. The terms "identified" and "deidentified" shall | 22 | | be given the same meaning as in the Health Insurance | 23 | | Portability and Accountability Act of 1996, Public Law | 24 | | 104-191, or any subsequent amendments thereto, and any | 25 | | regulations promulgated thereunder. | 26 | | (u) Records and information provided to an independent |
| | | HB4050 | - 5 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | team of experts under the Developmental Disability and | 2 | | Mental Health Safety Act (also known as Brian's Law). | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed | 10 | | Carry Licensing Review Board under the Firearm Concealed | 11 | | Carry Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (v-5) Records of the Firearm Owner's Identification | 14 | | Card Review Board that are exempted from disclosure under | 15 | | Section 10 of the Firearm Owners Identification Card Act. | 16 | | (w) Personally identifiable information which is | 17 | | exempted from disclosure under subsection (g) of Section | 18 | | 19.1 of the Toll Highway Act. | 19 | | (x) Information which is exempted from disclosure | 20 | | under Section 5-1014.3 of the Counties Code or Section | 21 | | 8-11-21 of the Illinois Municipal Code. | 22 | | (y) Confidential information under the Adult | 23 | | Protective Services Act and its predecessor enabling | 24 | | statute, the Elder Abuse and Neglect Act, including | 25 | | information about the identity and administrative finding | 26 | | against any caregiver of a verified and substantiated |
| | | HB4050 | - 6 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | decision of abuse, neglect, or financial exploitation of | 2 | | an eligible adult maintained in the Registry established | 3 | | under Section 7.5 of the Adult Protective Services Act. | 4 | | (z) Records and information provided to a fatality | 5 | | review team or the Illinois Fatality Review Team Advisory | 6 | | Council under Section 15 of the Adult Protective Services | 7 | | Act. | 8 | | (aa) Information which is exempted from disclosure | 9 | | under Section 2.37 of the Wildlife Code. | 10 | | (bb) Information which is or was prohibited from | 11 | | disclosure by the Juvenile Court Act of 1987. | 12 | | (cc) Recordings or portions of recordings made under | 13 | | the Law Enforcement Officer-Worn Body Camera Act, except | 14 | | to the extent authorized under that Act. | 15 | | (dd) Information that is prohibited from being | 16 | | disclosed under Section 45 of the Condominium and Common | 17 | | Interest Community Ombudsperson Act. | 18 | | (ee) Information that is exempted from disclosure | 19 | | under Section 30.1 of the Pharmacy Practice Act. | 20 | | (ff) Information that is exempted from disclosure | 21 | | under the Revised Uniform Unclaimed Property Act. | 22 | | (gg) Information that is prohibited from being | 23 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 24 | | Code. | 25 | | (hh) Records that are exempt from disclosure under | 26 | | Section 1A-16.7 of the Election Code. |
| | | HB4050 | - 7 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (ii) Information which is exempted from disclosure | 2 | | under Section 2505-800 of the Department of Revenue Law of | 3 | | the Civil Administrative Code of Illinois. | 4 | | (jj) Information and reports that are required to be | 5 | | submitted to the Department of Labor by registering day | 6 | | and temporary labor service agencies but are exempt from | 7 | | disclosure under subsection (a-1) of Section 45 of the Day | 8 | | and Temporary Labor Services Act. | 9 | | (kk) Information prohibited from disclosure under the | 10 | | Seizure and Forfeiture Reporting Act. | 11 | | (ll) Information the disclosure of which is restricted | 12 | | and exempted under Section 5-30.8 of the Illinois Public | 13 | | Aid Code. | 14 | | (mm) Records that are exempt from disclosure under | 15 | | Section 4.2 of the Crime Victims Compensation Act. | 16 | | (nn) Information that is exempt from disclosure under | 17 | | Section 70 of the Higher Education Student Assistance Act. | 18 | | (oo) Communications, notes, records, and reports | 19 | | arising out of a peer support counseling session | 20 | | prohibited from disclosure under the First Responders | 21 | | Suicide Prevention Act. | 22 | | (pp) Names and all identifying information relating to | 23 | | an employee of an emergency services provider or law | 24 | | enforcement agency under the First Responders Suicide | 25 | | Prevention Act. | 26 | | (qq) Information and records held by the Department of |
| | | HB4050 | - 8 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | Public Health and its authorized representatives collected | 2 | | under the Reproductive Health Act. | 3 | | (rr) Information that is exempt from disclosure under | 4 | | the Cannabis Regulation and Tax Act. | 5 | | (ss) Data reported by an employer to the Department of | 6 | | Human Rights pursuant to Section 2-108 of the Illinois | 7 | | Human Rights Act. | 8 | | (tt) Recordings made under the Children's Advocacy | 9 | | Center Act, except to the extent authorized under that | 10 | | Act. | 11 | | (uu) Information that is exempt from disclosure under | 12 | | Section 50 of the Sexual Assault Evidence Submission Act. | 13 | | (vv) Information that is exempt from disclosure under | 14 | | subsections (f) and (j) of Section 5-36 of the Illinois | 15 | | Public Aid Code. | 16 | | (ww) Information that is exempt from disclosure under | 17 | | Section 16.8 of the State Treasurer Act. | 18 | | (xx) Information that is exempt from disclosure or | 19 | | information that shall not be made public under the | 20 | | Illinois Insurance Code. | 21 | | (yy) Information prohibited from being disclosed under | 22 | | the Illinois Educational Labor Relations Act. | 23 | | (zz) Information prohibited from being disclosed under | 24 | | the Illinois Public Labor Relations Act. | 25 | | (aaa) Information prohibited from being disclosed | 26 | | under Section 1-167 of the Illinois Pension Code. |
| | | HB4050 | - 9 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (bbb) Information that is prohibited from disclosure | 2 | | by the Illinois Police Training Act and the Illinois State | 3 | | Police Act. | 4 | | (ccc) Records exempt from disclosure under Section
| 5 | | 2605-304 of the Illinois State Police Law of the Civil
| 6 | | Administrative Code of Illinois. | 7 | | (ddd) Information prohibited from being disclosed | 8 | | under Section 35 of the Address Confidentiality for | 9 | | Victims of Domestic Violence, Sexual Assault, Human | 10 | | Trafficking, or Stalking Act. | 11 | | (eee) Information prohibited from being disclosed | 12 | | under subsection (b) of Section 75 of the Domestic | 13 | | Violence Fatality Review Act. | 14 | | (fff) Images from cameras under the Expressway Camera | 15 | | Act. This subsection (fff) is inoperative on and after | 16 | | July 1, 2023. | 17 | | (ggg) Information prohibited from disclosure under | 18 | | paragraph (3) of subsection (a) of Section 14 of the Nurse | 19 | | Agency Licensing Act. | 20 | | (hhh) Information submitted to the Illinois Department | 21 | | of State Police in an affidavit or application for an | 22 | | assault weapon endorsement, assault weapon attachment | 23 | | endorsement, .50 caliber rifle endorsement, or .50 caliber | 24 | | cartridge endorsement under the Firearm Owners | 25 | | Identification Card Act. | 26 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
| | | HB4050 | - 10 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | 2 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | 3 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | 4 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | 5 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | 6 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | 7 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | 8 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised | 9 | | 2-13-23.) | 10 | | Section 10. The Law Enforcement Officer-Worn Body Camera | 11 | | Act is amended by changing Sections 10-10, 10-15, and 10-20 as | 12 | | follows: | 13 | | (50 ILCS 706/10-10)
| 14 | | Sec. 10-10. Definitions. As used in this Act: | 15 | | "Badge" means an officer's department issued | 16 | | identification number associated with his or her position as a | 17 | | police officer with that department. | 18 | | "Board" means the Illinois Law Enforcement Training | 19 | | Standards Board created by the Illinois Police Training Act. | 20 | | "Business offense" means a petty offense for which the | 21 | | fine is in excess of $1,000. | 22 | | "Community caretaking function" means a task undertaken by | 23 | | a law enforcement officer in which the officer is performing | 24 | | an articulable act unrelated to the investigation of a crime. |
| | | HB4050 | - 11 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | "Community caretaking function" includes, but is not limited | 2 | | to, participating in town halls or other community outreach, | 3 | | helping a child find his or her parents, providing death | 4 | | notifications, and performing in-home or hospital well-being | 5 | | checks on the sick, elderly, or persons presumed missing. | 6 | | "Community caretaking function" excludes law | 7 | | enforcement-related encounters or activities. | 8 | | "Fund" means the Law Enforcement Camera Grant Fund.
| 9 | | "In uniform" means a law enforcement officer who is | 10 | | wearing any officially authorized uniform designated by a law | 11 | | enforcement agency, or a law enforcement officer who is | 12 | | visibly wearing articles of clothing, a badge, tactical gear, | 13 | | gun belt, a patch, or other insignia that he or she is a law | 14 | | enforcement officer acting in the course of his or her duties. | 15 | | A law enforcement officer is "in uniform" only when primarily | 16 | | assigned to respond to law enforcement-related encounters or | 17 | | activities and is not "in uniform" when primarily assigned to | 18 | | other law enforcement duties that are not law | 19 | | enforcement-related encounters or activities. | 20 | | "Law enforcement officer" or "officer" means any person | 21 | | employed by a State, county, municipality, special district, | 22 | | college, unit of government, or any other entity authorized by | 23 | | law to employ peace officers or exercise police authority and | 24 | | who is primarily responsible for the prevention or detection | 25 | | of crime and the enforcement of the laws of this State. | 26 | | "Law enforcement agency" means all State agencies with law |
| | | HB4050 | - 12 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | enforcement officers, county sheriff's offices, municipal, | 2 | | special district, college, or unit of local government police | 3 | | departments. | 4 | | "Law enforcement-related encounters or activities" | 5 | | include, but are not limited to, traffic stops, pedestrian | 6 | | stops, arrests, searches, interrogations, investigations, | 7 | | pursuits, crowd control, traffic control, non-community | 8 | | caretaking interactions with an individual while on patrol, or | 9 | | any other instance in which the officer is enforcing the laws | 10 | | of the municipality, county, or State. "Law | 11 | | enforcement-related encounter or activities" does not include | 12 | | when the officer is completing paperwork alone, is | 13 | | participating in training in a classroom setting, or is only | 14 | | in the presence of another law enforcement officer. | 15 | | "Minor traffic offense" means a petty offense, business | 16 | | offense, or Class C misdemeanor under the Illinois Vehicle | 17 | | Code or a similar provision of a municipal or local ordinance. | 18 | | "No expectation of privacy" means when a person is in a | 19 | | publicly accessible area or when a person is engaging with law | 20 | | enforcement officers during the scope of an officer's official | 21 | | duties, even when the engagement is in a private residence | 22 | | when officers are lawfully present in the residence during the | 23 | | course of official duties. | 24 | | "Officer-worn body camera" means an electronic camera | 25 | | system for creating, generating, sending, receiving, storing, | 26 | | displaying, and processing audiovisual recordings that may be |
| | | HB4050 | - 13 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | worn about the person of a law enforcement officer. | 2 | | "Peace officer" has the meaning provided in Section 2-13 | 3 | | of the Criminal Code of 2012. | 4 | | "Petty offense" means any offense for which a sentence of | 5 | | imprisonment is not an authorized disposition. | 6 | | "Recording" means the process of capturing data or | 7 | | information stored on a recording medium as required under | 8 | | this Act.
| 9 | | "Recording medium" means any recording medium authorized | 10 | | by the Board for the retention and playback of recorded audio | 11 | | and video including, but not limited to, VHS, DVD, hard drive, | 12 | | cloud storage, solid state, digital, flash memory technology, | 13 | | or any other electronic medium.
| 14 | | (Source: P.A. 102-1104, eff. 12-6-22.) | 15 | | (50 ILCS 706/10-15) | 16 | | Sec. 10-15. Applicability. | 17 | | (a) All law enforcement agencies must employ the use of | 18 | | officer-worn body cameras in accordance with the provisions of | 19 | | this Act, whether or not the agency receives or has received | 20 | | monies from the Law Enforcement Camera Grant Fund.
| 21 | | (b) Except as provided in subsection (b-5), all law | 22 | | enforcement agencies must implement the use of body cameras | 23 | | for all law enforcement officers, according to the following | 24 | | schedule: | 25 | | (1) for municipalities and counties with populations |
| | | HB4050 | - 14 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | of 500,000 or more, body cameras shall be implemented by | 2 | | January 1, 2022; | 3 | | (2) for municipalities and counties with populations | 4 | | of 100,000 or more but under 500,000, body cameras shall | 5 | | be implemented by January 1, 2023; | 6 | | (3) for municipalities and counties with populations | 7 | | of 50,000 or more but under 100,000, body cameras shall be | 8 | | implemented by January 1, 2024; | 9 | | (4) for municipalities and counties under 50,000, body | 10 | | cameras shall be implemented by January 1, 2025; and | 11 | | (5) for all State agencies with law enforcement | 12 | | officers and other remaining law enforcement agencies, | 13 | | body cameras shall be implemented by January 1, 2025. | 14 | | (b-5) If a law enforcement agency that serves a | 15 | | municipality with a population of at least 100,000 but not | 16 | | more than 500,000 or a law enforcement agency that serves a | 17 | | county with a population of at least 100,000 but not more than | 18 | | 500,000 has ordered by October 1, 2022 or purchased by that | 19 | | date officer-worn body cameras for use by the law enforcement | 20 | | agency, then the law enforcement agency may implement the use | 21 | | of body cameras for all of its law enforcement officers by no | 22 | | later than July 1, 2023. Records of purchase within this | 23 | | timeline shall be submitted to the Illinois Law Enforcement | 24 | | Training Standards Board by January 1, 2023. | 25 | | (c) A law enforcement agency's compliance with the | 26 | | requirements under this Section shall receive preference by |
| | | HB4050 | - 15 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | the Illinois Law Enforcement Training Standards Board in | 2 | | awarding grant funding under the Law Enforcement Camera Grant | 3 | | Act. | 4 | | (d) This Section does not apply to court security | 5 | | officers, school resource officers, undercover or covert | 6 | | officers, officers that are employed in an administrative | 7 | | capacity, State's Attorney investigators, and Attorney General | 8 | | investigators. However, this Section applies to undercover or | 9 | | covert officers when conducting interviews. | 10 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | 11 | | 102-1104, eff. 12-6-22.) | 12 | | (50 ILCS 706/10-20) | 13 | | Sec. 10-20. Requirements. | 14 | | (a) The Board shall develop basic guidelines for the use | 15 | | of officer-worn body cameras by law enforcement agencies. The | 16 | | guidelines developed by the Board shall be the basis for the | 17 | | written policy which must be adopted by each law enforcement | 18 | | agency which employs the use of officer-worn body cameras. The | 19 | | written policy adopted by the law enforcement agency must | 20 | | include, at a minimum, all of the following: | 21 | | (1) Cameras must be equipped with pre-event recording, | 22 | | capable of recording at least the 30 seconds prior to | 23 | | camera activation, unless the officer-worn body camera was | 24 | | purchased and acquired by the law enforcement agency prior | 25 | | to July 1, 2015. |
| | | HB4050 | - 16 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (2) Cameras must be capable of recording for a period | 2 | | of 10 hours or more, unless the officer-worn body camera | 3 | | was purchased and acquired by the law enforcement agency | 4 | | prior to July 1, 2015. | 5 | | (3) Cameras must be turned on at all times when the | 6 | | officer is in uniform and is responding to calls for | 7 | | service or engaged in any law enforcement-related | 8 | | encounter or activity that occurs while the officer is on | 9 | | duty. | 10 | | (A) If exigent circumstances exist which prevent | 11 | | the camera from being turned on, the camera must be | 12 | | turned on as soon as practicable. | 13 | | (B) Officer-worn body cameras may be turned off | 14 | | when the officer is inside of a patrol car which is | 15 | | equipped with a functioning in-car camera; however, | 16 | | the officer must turn on the camera upon exiting the | 17 | | patrol vehicle for law enforcement-related encounters. | 18 | | (C) Officer-worn body cameras may be turned off | 19 | | when the officer is inside a correctional facility or | 20 | | courthouse which is equipped with a functioning camera | 21 | | system. | 22 | | (4) Cameras must be turned off when:
| 23 | | (A) the victim of a crime requests that the camera | 24 | | be turned off, and unless impractical or impossible, | 25 | | that request is made on the recording; | 26 | | (B) a witness of a crime or a community member who |
| | | HB4050 | - 17 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | wishes to report a crime requests that the camera be | 2 | | turned off, and unless impractical or impossible that | 3 | | request is made on the recording;
| 4 | | (C) the officer is interacting with a confidential | 5 | | informant used by the law enforcement agency; or | 6 | | (D) an officer of the Department of Revenue enters | 7 | | a Department of Revenue facility or conducts an | 8 | | interview during which return information will be | 9 | | discussed or visible. | 10 | | However, an officer may continue to record or resume | 11 | | recording a victim or a witness, if exigent circumstances | 12 | | exist, or if the officer has reasonable articulable | 13 | | suspicion that a victim or witness, or confidential | 14 | | informant has committed or is in the process of committing | 15 | | a crime. Under these circumstances, and unless impractical | 16 | | or impossible, the officer must indicate on the recording | 17 | | the reason for continuing to record despite the request of | 18 | | the victim or witness. | 19 | | (4.5) Cameras may be turned off when the officer is | 20 | | engaged in community caretaking functions. However, the | 21 | | camera must be turned on when the officer has reason to | 22 | | believe that the person on whose behalf the officer is | 23 | | performing a community caretaking function has committed | 24 | | or is in the process of committing a crime. If exigent | 25 | | circumstances exist which prevent the camera from being | 26 | | turned on, the camera must be turned on as soon as |
| | | HB4050 | - 18 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | practicable. | 2 | | (5) Before January 1, 2026, an The officer must | 3 | | provide notice of recording to any person if the person | 4 | | has a reasonable expectation of privacy . Proof and proof | 5 | | of notice must be evident in the recording.
If exigent | 6 | | circumstances exist which prevent the officer from | 7 | | providing notice, notice must be provided as soon as | 8 | | practicable. | 9 | | (6) (A) For the purposes of redaction or duplicating | 10 | | recordings, access to camera recordings shall be | 11 | | restricted to only those personnel responsible for those | 12 | | purposes. The recording officer or his or her supervisor | 13 | | may not redact, duplicate, or otherwise alter the | 14 | | recording officer's camera recordings. Except as otherwise | 15 | | provided in this Section, the recording officer and his or | 16 | | her supervisor may access and review recordings prior to | 17 | | completing incident reports or other documentation, | 18 | | provided that the supervisor discloses that fact in the | 19 | | report or documentation. | 20 | | (i) A law enforcement officer shall not have | 21 | | access to or review his or her body-worn
camera | 22 | | recordings or the body-worn camera recordings of | 23 | | another officer prior to completing incident reports | 24 | | or other documentation when the officer: | 25 | | (a) has been involved in or is a witness to an | 26 | | officer-involved shooting, use of deadly force |
| | | HB4050 | - 19 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | incident, or use of force incidents resulting in | 2 | | great bodily harm; | 3 | | (b) is ordered to write a report in response | 4 | | to or during the investigation of a misconduct | 5 | | complaint against the officer. | 6 | | (ii) If the officer subject to subparagraph (i) | 7 | | prepares a report, any report shall be prepared | 8 | | without viewing body-worn camera recordings, and | 9 | | subject to supervisor's approval, officers may file | 10 | | amendatory reports after viewing body-worn camera | 11 | | recordings. Supplemental reports under this provision | 12 | | shall also contain documentation regarding access to | 13 | | the video footage. | 14 | | (B) The recording officer's assigned field | 15 | | training officer may access and review recordings for | 16 | | training purposes. Any detective or investigator | 17 | | directly involved in the investigation of a matter may | 18 | | access and review recordings which pertain to that | 19 | | investigation but may not have access to delete or | 20 | | alter such recordings. | 21 | | (7) Recordings made on officer-worn cameras must be | 22 | | retained by the law enforcement agency or by the camera | 23 | | vendor used by the agency, on a recording medium for a | 24 | | period of 90 days. | 25 | | (A) Under no circumstances shall any recording, | 26 | | except for a non-law enforcement related activity or |
| | | HB4050 | - 20 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | encounter, made with an officer-worn body camera be | 2 | | altered, erased, or destroyed prior to the expiration | 3 | | of the 90-day storage period.
In the event any | 4 | | recording made with an officer-worn body camera is | 5 | | altered, erased, or destroyed prior to the expiration | 6 | | of the 90-day storage period, the law enforcement | 7 | | agency shall maintain, for a period of one year, a | 8 | | written record including (i) the name of the | 9 | | individual who made such alteration, erasure, or | 10 | | destruction, and (ii) the reason for any such | 11 | | alteration, erasure, or destruction. | 12 | | (B) Following the 90-day storage period, any and | 13 | | all recordings made with an officer-worn body camera | 14 | | must be destroyed, unless any encounter captured on | 15 | | the recording has been flagged. An encounter is deemed | 16 | | to be flagged when:
| 17 | | (i) a formal investigation or informal | 18 | | inquiry, as those terms are defined in Section 2 | 19 | | of the Uniform Peace Officers' Disciplinary Act, | 20 | | has commenced complaint has been filed ; | 21 | | (ii) the officer discharged his or her firearm | 22 | | or used force during the encounter;
| 23 | | (iii) death or great bodily harm occurred to | 24 | | any person in the recording;
| 25 | | (iv) the encounter resulted in a detention or | 26 | | an arrest, excluding traffic stops which resulted |
| | | HB4050 | - 21 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | in only a minor traffic offense or business | 2 | | offense; | 3 | | (v) the officer is the subject of an internal | 4 | | investigation or otherwise being investigated for | 5 | | possible misconduct;
| 6 | | (vi) the supervisor of the officer, | 7 | | prosecutor, defendant, or court determines that | 8 | | the encounter has evidentiary value in a criminal | 9 | | prosecution; or | 10 | | (vii) the recording officer requests that the | 11 | | video be flagged for official purposes related to | 12 | | his or her official duties or believes it may have | 13 | | evidentiary value in a criminal prosecution. | 14 | | (C) Under no circumstances shall any recording | 15 | | made with an officer-worn body camera relating to a | 16 | | flagged encounter be altered or destroyed prior to 2 | 17 | | years after the recording was flagged. If the flagged | 18 | | recording was used in a criminal, civil, or | 19 | | administrative proceeding, the recording shall not be | 20 | | destroyed except upon a final disposition and order | 21 | | from the court. | 22 | | (D) Nothing in this Act prohibits law enforcement | 23 | | agencies from labeling officer-worn body camera video | 24 | | within the recording medium; provided that the | 25 | | labeling does not alter the actual recording of the | 26 | | incident captured on the officer-worn body camera. The |
| | | HB4050 | - 22 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | labels, titles, and tags shall not be construed as | 2 | | altering the officer-worn body camera video in any | 3 | | way. | 4 | | (8) Following the 90-day storage period, recordings | 5 | | may be retained if a supervisor at the law enforcement | 6 | | agency designates the recording for training purposes. If | 7 | | the recording is designated for training purposes, the | 8 | | recordings may be viewed by officers, in the presence of a | 9 | | supervisor or training instructor, for the purposes of | 10 | | instruction, training, or ensuring compliance with agency | 11 | | policies.
| 12 | | (9) Recordings shall not be used to discipline law | 13 | | enforcement officers unless: | 14 | | (A) a formal investigation or informal inquiry, as | 15 | | those terms are defined in Section 2 of the Uniform | 16 | | Peace Officers' Disciplinary Act, has commenced a | 17 | | formal or informal complaint of misconduct has been | 18 | | made ; | 19 | | (B) a use of force incident has occurred; | 20 | | (C) the encounter on the recording could result in | 21 | | a formal investigation under the Uniform Peace | 22 | | Officers' Disciplinary Act; or | 23 | | (D) as corroboration of other evidence of | 24 | | misconduct. | 25 | | Nothing in this paragraph (9) shall be construed to | 26 | | limit or prohibit a law enforcement officer from being |
| | | HB4050 | - 23 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | subject to an action that does not amount to discipline. | 2 | | (10) The law enforcement agency shall ensure proper | 3 | | care and maintenance of officer-worn body cameras. Upon | 4 | | becoming aware, officers must as soon as practical | 5 | | document and notify the appropriate supervisor of any | 6 | | technical difficulties, failures, or problems with the | 7 | | officer-worn body camera or associated equipment. Upon | 8 | | receiving notice, the appropriate supervisor shall make | 9 | | every reasonable effort to correct and repair any of the | 10 | | officer-worn body camera equipment. | 11 | | (11) No officer may hinder or prohibit any person, not | 12 | | a law enforcement officer, from recording a law | 13 | | enforcement officer in the performance of his or her | 14 | | duties in a public place or when the officer has no | 15 | | reasonable expectation of privacy.
The law enforcement | 16 | | agency's written policy shall indicate the potential | 17 | | criminal penalties, as well as any departmental | 18 | | discipline, which may result from unlawful confiscation or | 19 | | destruction of the recording medium of a person who is not | 20 | | a law enforcement officer. However, an officer may take | 21 | | reasonable action to maintain safety and control, secure | 22 | | crime scenes and accident sites, protect the integrity and | 23 | | confidentiality of investigations, and protect the public | 24 | | safety and order. | 25 | | (b) Recordings made with the use of an officer-worn body | 26 | | camera are not subject to disclosure under the Freedom of |
| | | HB4050 | - 24 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | Information Act, except when a recording is flagged due to the | 2 | | filing of a complaint, discharge of a firearm, use of force, | 3 | | arrest or detention, or resulting death or bodily harm, and
| 4 | | the subject of the encounter has a reasonable expectation of | 5 | | privacy at the time of the recording. A recording subject to | 6 | | disclosure under this subsection may be only released to the | 7 | | subject of the encounter captured on the recording or the | 8 | | subject's legal representative if the law enforcement agency | 9 | | obtains written permission of the subject or the subject's | 10 | | legal representative. Any disclosure under this subsection (b) | 11 | | shall be limited to the portion of the recording containing | 12 | | the subject of the encounter captured by the primary officer's | 13 | | body-worn camera. 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 | 20 | | Act 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 |
| | | HB4050 | - 25 - | LRB103 31718 AWJ 60299 b |
|
| 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 | 9 | | captured on the recording or to the subject's attorney, or | 10 | | the officer or his or her legal representative. | 11 | | For the purposes of paragraph (1) of this subsection (b), | 12 | | no person shall the subject of the encounter does not have a | 13 | | reasonable expectation of privacy if the person the subject | 14 | | was arrested as a result of the encounter or if the encounter | 15 | | was captured in a publicly accessible area . For purposes of | 16 | | subparagraph (A) of paragraph (1) of this subsection (b), | 17 | | "witness" does not include a person who is a victim or who was | 18 | | arrested as a result of the encounter.
| 19 | | Only recordings or portions of recordings responsive to | 20 | | the request shall be available for inspection or reproduction. | 21 | | Any recording disclosed under the Freedom of Information Act | 22 | | shall be redacted to remove identification of any person that | 23 | | appears on the recording and is not the officer, a subject of | 24 | | the encounter, or directly involved in the encounter if they | 25 | | are readily identifiable and have an expectation of privacy . | 26 | | Nothing in this subsection (b) shall require the disclosure of |
| | | HB4050 | - 26 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | any recording or portion of any recording which would be | 2 | | exempt from disclosure under the Freedom of Information Act. | 3 | | (c) Nothing in this Section shall limit access to an | 4 | | officer-worn body a camera recording for the purposes of | 5 | | complying with Supreme Court rules or the rules of evidence.
| 6 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | 7 | | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. | 8 | | 12-6-22.) | 9 | | Section 15. The Law Enforcement Camera Grant Act is | 10 | | amended by changing Sections 15 and 20 as follows: | 11 | | (50 ILCS 707/15) | 12 | | Sec. 15. Rules; in-car video camera grants. | 13 | | (a) The Board shall develop model rules for the use of | 14 | | in-car video cameras to be adopted by law enforcement agencies | 15 | | that receive grants under Section 10 of this Act. The rules | 16 | | shall include all of the following requirements: | 17 | | (1) Cameras must be installed in the law enforcement | 18 | | agency vehicles. | 19 | | (2) Video recording must provide audio of the officer | 20 | | when the officer is outside of the vehicle. | 21 | | (3) Camera access must be restricted to the | 22 | | supervisors of the officer in the vehicle. | 23 | | (4) Cameras must be turned on continuously throughout | 24 | | the officer's shift. |
| | | HB4050 | - 27 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (5) A copy of the video record must be made available | 2 | | upon request to personnel of the law enforcement agency, | 3 | | the local State's Attorney, and any persons depicted in | 4 | | the video. Procedures for distribution of the video record | 5 | | must include safeguards to protect the identities of | 6 | | individuals who are not a party to the requested stop. | 7 | | (6) Law enforcement agencies that receive moneys under | 8 | | this grant shall provide for storage of the video records | 9 | | for a period of not less than 2 years. | 10 | | (b) Each law enforcement agency receiving a grant for | 11 | | in-car video cameras under Section 10 of this Act must provide | 12 | | an annual report to the Board, the Governor, and the General | 13 | | Assembly on or before May 1 of the year following the receipt | 14 | | of the grant and by each May 1 thereafter during the period of | 15 | | the grant. The report shall include the following: | 16 | | (1) the number of cameras received by the law | 17 | | enforcement agency; | 18 | | (2) the number of cameras actually installed in law | 19 | | enforcement agency vehicles; | 20 | | (3) a brief description of the review process used by | 21 | | supervisors within the law enforcement agency; | 22 | | (4) (blank); and a list of any criminal, traffic, | 23 | | ordinance, and civil cases in which in-car video | 24 | | recordings were used, including party names, case numbers, | 25 | | offenses charged, and disposition of the matter. | 26 | | Proceedings to which this paragraph (4) applies include, |
| | | HB4050 | - 28 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | but are not limited to, court proceedings, coroner's | 2 | | inquests, grand jury proceedings, and plea bargains; and | 3 | | (5) any other information relevant to the | 4 | | administration of the program.
| 5 | | (Source: P.A. 99-352, eff. 1-1-16 .) | 6 | | (50 ILCS 707/20) | 7 | | Sec. 20. Rules; officer body-worn camera grants. | 8 | | (a) The Board shall develop model rules for the use of | 9 | | officer body-worn cameras to be adopted by law enforcement | 10 | | agencies that receive grants under Section 10 of this Act. The | 11 | | rules shall comply with the Law Enforcement Officer-Worn Body | 12 | | Camera Act. | 13 | | (b) Each law enforcement agency receiving a grant for | 14 | | officer-worn body cameras under Section 10 of this Act must | 15 | | provide an annual report to the Board, the Governor, and the | 16 | | General Assembly on or before May 1 of the year following the | 17 | | receipt of the grant and by each May 1 thereafter during the | 18 | | period of the grant. The report shall include: | 19 | | (1) a brief overview of the makeup of the agency, | 20 | | including the number of officers utilizing officer-worn | 21 | | body cameras; | 22 | | (2) the number of officer-worn body cameras utilized | 23 | | by the law enforcement agency; | 24 | | (3) any technical issues with the equipment and how | 25 | | those issues were remedied; |
| | | HB4050 | - 29 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (4) a brief description of the review process used by | 2 | | supervisors within the law enforcement agency; | 3 | | (5) (blank); for each recording used in prosecutions | 4 | | of conservation, criminal, or traffic offenses or | 5 | | municipal ordinance violations: | 6 | | (A) the time, date, and location of the incident; | 7 | | and | 8 | | (B) the offenses charged and the date charges were | 9 | | filed; | 10 | | (6) (blank); and for a recording used in a civil | 11 | | proceeding or internal affairs investigation: | 12 | | (A) the number of pending civil proceedings and | 13 | | internal investigations; | 14 | | (B) in resolved civil proceedings and pending | 15 | | investigations: | 16 | | (i) the nature of the complaint or | 17 | | allegations; | 18 | | (ii) the disposition, if known; and | 19 | | (iii) the date, time and location of the | 20 | | incident; and | 21 | | (7) any other information relevant to the | 22 | | administration of the program. | 23 | | (c) On or before July 30 of each year, the Board must | 24 | | analyze the law enforcement agency reports and provide an | 25 | | annual report to the General Assembly and the Governor.
| 26 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
| | | HB4050 | - 30 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | Section 20. The Criminal Code of 2012 is amended by | 2 | | changing Sections 14-3 and 31-4 as follows: | 3 | | (720 ILCS 5/14-3) | 4 | | Sec. 14-3. Exemptions. The following activities shall be
| 5 | | exempt from the provisions of this Article: | 6 | | (a) Listening to radio, wireless electronic | 7 | | communications, and television communications of
any sort | 8 | | where the same are publicly made; | 9 | | (b) Hearing conversation when heard by employees of | 10 | | any common
carrier by wire incidental to the normal course | 11 | | of their employment in
the operation, maintenance or | 12 | | repair of the equipment of such common
carrier by wire so | 13 | | long as no information obtained thereby is used or
| 14 | | divulged by the hearer; | 15 | | (c) Any broadcast by radio, television or otherwise | 16 | | whether it be a
broadcast or recorded for the purpose of | 17 | | later broadcasts of any
function where the public is in | 18 | | attendance and the conversations are
overheard incidental | 19 | | to the main purpose for which such broadcasts are
then | 20 | | being made; | 21 | | (d) Recording or listening with the aid of any device | 22 | | to any
emergency communication made in the normal course | 23 | | of operations by any
federal, state or local law | 24 | | enforcement agency or institutions dealing
in emergency |
| | | HB4050 | - 31 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | services, including, but not limited to, hospitals,
| 2 | | clinics, ambulance services, fire fighting agencies, any | 3 | | public utility,
emergency repair facility, civilian | 4 | | defense establishment or military
installation; | 5 | | (e) Recording the proceedings of any meeting required | 6 | | to be open by
the Open Meetings Act, as amended; | 7 | | (f) Recording or listening with the aid of any device | 8 | | to incoming
telephone calls of phone lines publicly listed | 9 | | or advertised as consumer
"hotlines" by manufacturers or | 10 | | retailers of food and drug products. Such
recordings must | 11 | | be destroyed, erased or turned over to local law
| 12 | | enforcement authorities within 24 hours from the time of | 13 | | such recording and
shall not be otherwise disseminated. | 14 | | Failure on the part of the individual
or business | 15 | | operating any such recording or listening device to comply | 16 | | with
the requirements of this subsection shall eliminate | 17 | | any civil or criminal
immunity conferred upon that | 18 | | individual or business by the operation of
this Section; | 19 | | (g) With prior notification to the State's Attorney of | 20 | | the
county in which
it is to occur, recording or listening | 21 | | with the aid of any device to any
conversation
where a law | 22 | | enforcement officer, or any person acting at the direction | 23 | | of law
enforcement, is a party to the conversation and has | 24 | | consented to it being
intercepted or recorded under | 25 | | circumstances where the use of the device is
necessary for | 26 | | the protection of the law enforcement officer or any |
| | | HB4050 | - 32 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | person
acting at the direction of law enforcement, in the | 2 | | course of an
investigation
of a forcible felony, a felony | 3 | | offense of involuntary servitude, involuntary sexual | 4 | | servitude of a minor, or trafficking in persons under | 5 | | Section 10-9 of this Code, an offense involving | 6 | | prostitution, solicitation of a sexual act, or pandering, | 7 | | a felony violation of the Illinois Controlled Substances
| 8 | | Act, a felony violation of the Cannabis Control Act, a | 9 | | felony violation of the Methamphetamine Control and | 10 | | Community Protection Act, any "streetgang
related" or | 11 | | "gang-related" felony as those terms are defined in the | 12 | | Illinois
Streetgang Terrorism Omnibus Prevention Act, or | 13 | | any felony offense involving any weapon listed in | 14 | | paragraphs (1) through (11) of subsection (a) of Section | 15 | | 24-1 of this Code.
Any recording or evidence derived
as | 16 | | the
result of this exemption shall be inadmissible in any | 17 | | proceeding, criminal,
civil or
administrative, except (i) | 18 | | where a party to the conversation suffers great
bodily | 19 | | injury or is killed during such conversation, or
(ii)
when | 20 | | used as direct impeachment of a witness concerning matters | 21 | | contained in
the interception or recording. The Director | 22 | | of the Illinois State Police shall issue regulations as | 23 | | are necessary concerning the use of
devices, retention of | 24 | | tape recordings, and reports regarding their
use; | 25 | | (g-5) (Blank); | 26 | | (g-6) With approval of the State's Attorney of the |
| | | HB4050 | - 33 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | county in which it is to occur, recording or listening | 2 | | with the aid of any device to any conversation where a law | 3 | | enforcement officer, or any person acting at the direction | 4 | | of law enforcement, is a party to the conversation and has | 5 | | consented to it being intercepted or recorded in the | 6 | | course of an investigation of child pornography, | 7 | | aggravated child pornography, indecent solicitation of a | 8 | | child, luring of a minor, sexual exploitation of a child, | 9 | | aggravated criminal sexual abuse in which the victim of | 10 | | the offense was at the time of the commission of the | 11 | | offense under 18 years of age, or criminal sexual abuse by | 12 | | force or threat of force in which the victim of the offense | 13 | | was at the time of the commission of the offense under 18 | 14 | | years of age. In all such cases, an application for an | 15 | | order approving the previous or continuing use of an | 16 | | eavesdropping device must be made within 48 hours of the | 17 | | commencement of such use. In the absence of such an order, | 18 | | or upon its denial, any continuing use shall immediately | 19 | | terminate. The Director of the Illinois State Police shall | 20 | | issue rules as are necessary concerning the use of | 21 | | devices, retention of recordings, and reports regarding | 22 | | their use.
Any recording or evidence obtained or derived | 23 | | in the course of an investigation of child pornography, | 24 | | aggravated child pornography, indecent solicitation of a | 25 | | child, luring of a minor, sexual exploitation of a child, | 26 | | aggravated criminal sexual abuse in which the victim of |
| | | HB4050 | - 34 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | the offense was at the time of the commission of the | 2 | | offense under 18 years of age, or criminal sexual abuse by | 3 | | force or threat of force in which the victim of the offense | 4 | | was at the time of the commission of the offense under 18 | 5 | | years of age shall, upon motion of the State's Attorney or | 6 | | Attorney General prosecuting any case involving child | 7 | | pornography, aggravated child pornography, indecent | 8 | | solicitation of a child, luring of a minor, sexual | 9 | | exploitation of a child, aggravated criminal sexual abuse | 10 | | in which the victim of the offense was at the time of the | 11 | | commission of the offense under 18 years of age, or | 12 | | criminal sexual abuse by force or threat of force in which | 13 | | the victim of the offense was at the time of the commission | 14 | | of the offense under 18 years of age be reviewed in camera | 15 | | with notice to all parties present by the court presiding | 16 | | over the criminal case, and, if ruled by the court to be | 17 | | relevant and otherwise admissible, it shall be admissible | 18 | | at the trial of the criminal case. Absent such a ruling, | 19 | | any such recording or evidence shall not be admissible at | 20 | | the trial of the criminal case; | 21 | | (h) Recordings made simultaneously with the use of an | 22 | | in-car video camera recording of an oral
conversation | 23 | | between a uniformed peace officer, who has identified his | 24 | | or her office, and
a person in the presence of the peace | 25 | | officer whenever (i) an officer assigned a patrol vehicle | 26 | | is conducting an enforcement stop; or (ii) patrol vehicle |
| | | HB4050 | - 35 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | emergency lights are activated or would otherwise be | 2 | | activated if not for the need to conceal the presence of | 3 | | law enforcement. | 4 | | For the purposes of this subsection (h), "enforcement | 5 | | stop" means an action by a law enforcement officer in | 6 | | relation to enforcement and investigation duties, | 7 | | including but not limited to, traffic stops, pedestrian | 8 | | stops, abandoned vehicle contacts, motorist assists, | 9 | | commercial motor vehicle stops, roadside safety checks, | 10 | | requests for identification, or responses to requests for | 11 | | emergency assistance; | 12 | | (h-5) Recordings of utterances made by a person while | 13 | | in the presence of a uniformed peace officer and while an | 14 | | occupant of a police vehicle including, but not limited | 15 | | to, (i) recordings made simultaneously with the use of an | 16 | | in-car video camera and (ii) recordings made in the | 17 | | presence of the peace officer utilizing video or audio | 18 | | systems, or both, authorized by the law enforcement | 19 | | agency; | 20 | | (h-10) Recordings made simultaneously with a video | 21 | | camera recording during
the use of a taser or similar | 22 | | weapon or device by a peace officer if the weapon or device | 23 | | is equipped with such camera; | 24 | | (h-15) Recordings made under subsection (h), (h-5), or | 25 | | (h-10) shall be retained by the law enforcement agency | 26 | | that employs the peace officer who made the recordings for |
| | | HB4050 | - 36 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | a storage period of 90 days, unless the recordings are | 2 | | made as a part of an arrest or the recordings are deemed | 3 | | evidence in any criminal, civil, or administrative | 4 | | proceeding and then the recordings must only be destroyed | 5 | | upon a final disposition and an order from the court. | 6 | | Under no circumstances shall any recording be altered or | 7 | | erased prior to the expiration of the designated storage | 8 | | period. Upon completion of the storage period, the | 9 | | recording medium may be erased and reissued for | 10 | | operational use; | 11 | | (i) Recording of a conversation made by or at the | 12 | | request of a person, not a
law enforcement officer or | 13 | | agent of a law enforcement officer, who is a party
to the | 14 | | conversation, under reasonable suspicion that another | 15 | | party to the
conversation is committing, is about to | 16 | | commit, or has committed a criminal
offense against the | 17 | | person or a member of his or her immediate household, and
| 18 | | there is reason to believe that evidence of the criminal | 19 | | offense may be
obtained by the recording; | 20 | | (j) The use of a telephone monitoring device by either | 21 | | (1) a
corporation or other business entity engaged in | 22 | | marketing or opinion research
or (2) a corporation or | 23 | | other business entity engaged in telephone
solicitation, | 24 | | as
defined in this subsection, to record or listen to oral | 25 | | telephone solicitation
conversations or marketing or | 26 | | opinion research conversations by an employee of
the |
| | | HB4050 | - 37 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | corporation or other business entity when: | 2 | | (i) the monitoring is used for the purpose of | 3 | | service quality control of
marketing or opinion | 4 | | research or telephone solicitation, the education or
| 5 | | training of employees or contractors
engaged in | 6 | | marketing or opinion research or telephone | 7 | | solicitation, or internal
research related to | 8 | | marketing or
opinion research or telephone
| 9 | | solicitation; and | 10 | | (ii) the monitoring is used with the consent of at | 11 | | least one person who
is an active party to the | 12 | | marketing or opinion research conversation or
| 13 | | telephone solicitation conversation being
monitored. | 14 | | No communication or conversation or any part, portion, | 15 | | or aspect of the
communication or conversation made, | 16 | | acquired, or obtained, directly or
indirectly,
under this | 17 | | exemption (j), may be, directly or indirectly, furnished | 18 | | to any law
enforcement officer, agency, or official for | 19 | | any purpose or used in any inquiry
or investigation, or | 20 | | used, directly or indirectly, in any administrative,
| 21 | | judicial, or other proceeding, or divulged to any third | 22 | | party. | 23 | | When recording or listening authorized by this | 24 | | subsection (j) on telephone
lines used for marketing or | 25 | | opinion research or telephone solicitation purposes
| 26 | | results in recording or
listening to a conversation that |
| | | HB4050 | - 38 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | does not relate to marketing or opinion
research or | 2 | | telephone solicitation; the
person recording or listening | 3 | | shall, immediately upon determining that the
conversation | 4 | | does not relate to marketing or opinion research or | 5 | | telephone
solicitation, terminate the recording
or | 6 | | listening and destroy any such recording as soon as is | 7 | | practicable. | 8 | | Business entities that use a telephone monitoring or | 9 | | telephone recording
system pursuant to this exemption (j) | 10 | | shall provide current and prospective
employees with | 11 | | notice that the monitoring or recordings may occur during | 12 | | the
course of their employment. The notice shall include | 13 | | prominent signage
notification within the workplace. | 14 | | Business entities that use a telephone monitoring or | 15 | | telephone recording
system pursuant to this exemption (j) | 16 | | shall provide their employees or agents
with access to | 17 | | personal-only telephone lines which may be pay telephones, | 18 | | that
are not subject to telephone monitoring or telephone | 19 | | recording. | 20 | | For the purposes of this subsection (j), "telephone | 21 | | solicitation" means a
communication through the use of a | 22 | | telephone by live operators: | 23 | | (i) soliciting the sale of goods or services; | 24 | | (ii) receiving orders for the sale of goods or | 25 | | services; | 26 | | (iii) assisting in the use of goods or services; |
| | | HB4050 | - 39 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | or | 2 | | (iv) engaging in the solicitation, administration, | 3 | | or collection of bank
or
retail credit accounts. | 4 | | For the purposes of this subsection (j), "marketing or | 5 | | opinion research"
means
a marketing or opinion research | 6 | | interview conducted by a live telephone
interviewer | 7 | | engaged by a corporation or other business entity whose | 8 | | principal
business is the design, conduct, and analysis of | 9 | | polls and surveys measuring
the
opinions, attitudes, and | 10 | | responses of respondents toward products and services,
or | 11 | | social or political issues, or both; | 12 | | (k) Electronic recordings, including but not limited | 13 | | to, a motion picture,
videotape, digital, or other visual | 14 | | or audio recording, made of a custodial
interrogation of | 15 | | an individual at a police station or other place of | 16 | | detention
by a law enforcement officer under Section | 17 | | 5-401.5 of the Juvenile Court Act of
1987 or Section | 18 | | 103-2.1 of the Code of Criminal Procedure of 1963; | 19 | | (l) Recording the interview or statement of any person | 20 | | when the person
knows that the interview is being | 21 | | conducted by a law enforcement officer or
prosecutor and | 22 | | the interview takes place at a police station that is | 23 | | currently
participating in the Custodial Interview Pilot | 24 | | Program established under the
Illinois Criminal Justice | 25 | | Information Act; | 26 | | (m) An electronic recording, including but not limited |
| | | HB4050 | - 40 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | to, a motion picture,
videotape, digital, or other visual | 2 | | or audio recording, made of the interior of a school bus | 3 | | while the school bus is being used in the transportation | 4 | | of students to and from school and school-sponsored | 5 | | activities, when the school board has adopted a policy | 6 | | authorizing such recording, notice of such recording | 7 | | policy is included in student handbooks and other | 8 | | documents including the policies of the school, notice of | 9 | | the policy regarding recording is provided to parents of | 10 | | students, and notice of such recording is clearly posted | 11 | | on the door of and inside the school bus.
| 12 | | Recordings made pursuant to this subsection (m) shall | 13 | | be confidential records and may only be used by school | 14 | | officials (or their designees) and law enforcement | 15 | | personnel for investigations, school disciplinary actions | 16 | | and hearings, proceedings under the Juvenile Court Act of | 17 | | 1987, and criminal prosecutions, related to incidents | 18 | | occurring in or around the school bus; | 19 | | (n)
Recording or listening to an audio transmission | 20 | | from a microphone placed by a person under the authority | 21 | | of a law enforcement agency inside a bait car surveillance | 22 | | vehicle while simultaneously capturing a photographic or | 23 | | video image; | 24 | | (o) The use of an eavesdropping camera or audio device | 25 | | during an ongoing hostage or barricade situation by a law | 26 | | enforcement officer or individual acting on behalf of a |
| | | HB4050 | - 41 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | law enforcement officer when the use of such device is | 2 | | necessary to protect the safety of the general public, | 3 | | hostages, or law enforcement officers or anyone acting on | 4 | | their behalf; | 5 | | (p) Recording or listening with the aid of any device | 6 | | to incoming telephone calls of phone lines publicly listed | 7 | | or advertised as the "CPS Violence Prevention Hotline", | 8 | | but only where the notice of recording is given at the | 9 | | beginning of each call as required by Section 34-21.8 of | 10 | | the School Code. The recordings may be retained only by | 11 | | the Chicago Police Department or other law enforcement | 12 | | authorities, and shall not be otherwise retained or | 13 | | disseminated; | 14 | | (q)(1) With prior request to and written or verbal | 15 | | approval of the State's Attorney of the county in which | 16 | | the conversation is anticipated to occur, recording or | 17 | | listening with the aid of an eavesdropping device to a | 18 | | conversation in which a law enforcement officer, or any | 19 | | person acting at the direction of a law enforcement | 20 | | officer, is a party to the conversation and has consented | 21 | | to the conversation being intercepted or recorded in the | 22 | | course of an investigation of a qualified offense. The | 23 | | State's Attorney may grant this approval only after | 24 | | determining that reasonable cause exists to believe that | 25 | | inculpatory conversations concerning a qualified offense | 26 | | will occur with a specified individual or individuals |
| | | HB4050 | - 42 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | within a designated period of time. | 2 | | (2) Request for approval. To invoke the exception | 3 | | contained in this subsection (q), a law enforcement | 4 | | officer shall make a request for approval to the | 5 | | appropriate State's Attorney. The request may be written | 6 | | or verbal; however, a written memorialization of the | 7 | | request must be made by the State's Attorney. This request | 8 | | for approval shall include whatever information is deemed | 9 | | necessary by the State's Attorney but shall include, at a | 10 | | minimum, the following information about each specified | 11 | | individual whom the law enforcement officer believes will | 12 | | commit a qualified offense: | 13 | | (A) his or her full or partial name, nickname or | 14 | | alias; | 15 | | (B) a physical description; or | 16 | | (C) failing either (A) or (B) of this paragraph | 17 | | (2), any other supporting information known to the law | 18 | | enforcement officer at the time of the request that | 19 | | gives rise to reasonable cause to believe that the | 20 | | specified individual will participate in an | 21 | | inculpatory conversation concerning a qualified | 22 | | offense. | 23 | | (3) Limitations on approval. Each written approval by | 24 | | the State's Attorney under this subsection (q) shall be | 25 | | limited to: | 26 | | (A) a recording or interception conducted by a |
| | | HB4050 | - 43 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | specified law enforcement officer or person acting at | 2 | | the direction of a law enforcement officer; | 3 | | (B) recording or intercepting conversations with | 4 | | the individuals specified in the request for approval, | 5 | | provided that the verbal approval shall be deemed to | 6 | | include the recording or intercepting of conversations | 7 | | with other individuals, unknown to the law enforcement | 8 | | officer at the time of the request for approval, who | 9 | | are acting in conjunction with or as co-conspirators | 10 | | with the individuals specified in the request for | 11 | | approval in the commission of a qualified offense; | 12 | | (C) a reasonable period of time but in no event | 13 | | longer than 24 consecutive hours; | 14 | | (D) the written request for approval, if | 15 | | applicable, or the written memorialization must be | 16 | | filed, along with the written approval, with the | 17 | | circuit clerk of the jurisdiction on the next business | 18 | | day following the expiration of the authorized period | 19 | | of time, and shall be subject to review by the Chief | 20 | | Judge or his or her designee as deemed appropriate by | 21 | | the court. | 22 | | (3.5) The written memorialization of the request for | 23 | | approval and the written approval by the State's Attorney | 24 | | may be in any format, including via facsimile, email, or | 25 | | otherwise, so long as it is capable of being filed with the | 26 | | circuit clerk. |
| | | HB4050 | - 44 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (3.10) Beginning March 1, 2015, each State's Attorney | 2 | | shall annually submit a report to the General Assembly | 3 | | disclosing: | 4 | | (A) the number of requests for each qualified | 5 | | offense for approval under this subsection; and | 6 | | (B) the number of approvals for each qualified | 7 | | offense given by the State's Attorney. | 8 | | (4) Admissibility of evidence. No part of the contents | 9 | | of any wire, electronic, or oral communication that has | 10 | | been recorded or intercepted as a result of this exception | 11 | | may be received in evidence in any trial, hearing, or | 12 | | other proceeding in or before any court, grand jury, | 13 | | department, officer, agency, regulatory body, legislative | 14 | | committee, or other authority of this State, or a | 15 | | political subdivision of the State, other than in a | 16 | | prosecution of: | 17 | | (A) the qualified offense for which approval was | 18 | | given to record or intercept a conversation under this | 19 | | subsection (q); | 20 | | (B) a forcible felony committed directly in the | 21 | | course of the investigation of the qualified offense | 22 | | for which approval was given to record or intercept a | 23 | | conversation under this subsection (q); or | 24 | | (C) any other forcible felony committed while the | 25 | | recording or interception was approved in accordance | 26 | | with this subsection (q), but for this specific |
| | | HB4050 | - 45 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | category of prosecutions, only if the law enforcement | 2 | | officer or person acting at the direction of a law | 3 | | enforcement officer who has consented to the | 4 | | conversation being intercepted or recorded suffers | 5 | | great bodily injury or is killed during the commission | 6 | | of the charged forcible felony. | 7 | | (5) Compliance with the provisions of this subsection | 8 | | is a prerequisite to the admissibility in evidence of any | 9 | | part of the contents of any wire, electronic or oral | 10 | | communication that has been intercepted as a result of | 11 | | this exception, but nothing in this subsection shall be | 12 | | deemed to prevent a court from otherwise excluding the | 13 | | evidence on any other ground recognized by State or | 14 | | federal law, nor shall anything in this subsection be | 15 | | deemed to prevent a court from independently reviewing the | 16 | | admissibility of the evidence for compliance with the | 17 | | Fourth Amendment to the U.S. Constitution or with Article | 18 | | I, Section 6 of the Illinois Constitution. | 19 | | (6) Use of recordings or intercepts unrelated to | 20 | | qualified offenses. Whenever any private conversation or | 21 | | private electronic communication has been recorded or | 22 | | intercepted as a result of this exception that is not | 23 | | related to an offense for which the recording or intercept | 24 | | is admissible under paragraph (4) of this subsection (q), | 25 | | no part of the contents of the communication and evidence | 26 | | derived from the communication may be received in evidence |
| | | HB4050 | - 46 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | in any trial, hearing, or other proceeding in or before | 2 | | any court, grand jury, department, officer, agency, | 3 | | regulatory body, legislative committee, or other authority | 4 | | of this State, or a political subdivision of the State, | 5 | | nor may it be publicly disclosed in any way. | 6 | | (6.5) The Illinois State Police shall adopt rules as | 7 | | are necessary concerning the use of devices, retention of | 8 | | recordings, and reports regarding their use under this | 9 | | subsection (q). | 10 | | (7) Definitions. For the purposes of this subsection | 11 | | (q) only: | 12 | | "Forcible felony" includes and is limited to those | 13 | | offenses contained in Section 2-8 of the Criminal Code | 14 | | of 1961 as of the effective date of this amendatory Act | 15 | | of the 97th General Assembly, and only as those | 16 | | offenses have been defined by law or judicial | 17 | | interpretation as of that date. | 18 | | "Qualified offense" means and is limited to: | 19 | | (A) a felony violation of the Cannabis Control | 20 | | Act, the Illinois Controlled Substances Act, or | 21 | | the Methamphetamine Control and Community | 22 | | Protection Act, except for violations of: | 23 | | (i) Section 4 of the Cannabis Control Act; | 24 | | (ii) Section 402 of the Illinois | 25 | | Controlled Substances Act; and | 26 | | (iii) Section 60 of the Methamphetamine |
| | | HB4050 | - 47 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | Control and Community Protection Act; and | 2 | | (B) first degree murder, solicitation of | 3 | | murder for hire, predatory criminal sexual assault | 4 | | of a child, criminal sexual assault, aggravated | 5 | | criminal sexual assault, aggravated arson, | 6 | | kidnapping, aggravated kidnapping, child | 7 | | abduction, trafficking in persons, involuntary | 8 | | servitude, involuntary sexual servitude of a | 9 | | minor, or gunrunning. | 10 | | "State's Attorney" includes and is limited to the | 11 | | State's Attorney or an assistant State's Attorney | 12 | | designated by the State's Attorney to provide verbal | 13 | | approval to record or intercept conversations under | 14 | | this subsection (q). | 15 | | (8) Sunset. This subsection (q) is inoperative on and | 16 | | after January 1, 2027. No conversations intercepted | 17 | | pursuant to this subsection (q), while operative, shall be | 18 | | inadmissible in a court of law by virtue of the | 19 | | inoperability of this subsection (q) on January 1, 2027. | 20 | | (9) Recordings, records, and custody. Any private | 21 | | conversation or private electronic communication | 22 | | intercepted by a law enforcement officer or a person | 23 | | acting at the direction of law enforcement shall, if | 24 | | practicable, be recorded in such a way as will protect the | 25 | | recording from editing or other alteration. Any and all | 26 | | original recordings made under this subsection (q) shall |
| | | HB4050 | - 48 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | be inventoried without unnecessary delay pursuant to the | 2 | | law enforcement agency's policies for inventorying | 3 | | evidence. The original recordings shall not be destroyed | 4 | | except upon an order of a court of competent jurisdiction; | 5 | | and | 6 | | (r) Electronic recordings, including but not limited | 7 | | to, motion picture, videotape, digital, or other visual or | 8 | | audio recording, made of a lineup under Section 107A-2 of | 9 | | the Code of Criminal Procedure of 1963 ; and . | 10 | | (s) Recordings made pursuant to and in compliance with | 11 | | the Law Enforcement Officer-Worn Body Camera Act. | 12 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 13 | | 102-918, eff. 5-27-22.)
| 14 | | (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
| 15 | | Sec. 31-4. Obstructing justice.
| 16 | | (a) A person obstructs justice when, with intent to | 17 | | prevent the apprehension
or obstruct the prosecution or | 18 | | defense of any person, he or she knowingly commits
any of the | 19 | | following acts:
| 20 | | (1) destroys Destroys , alters, conceals or disguises | 21 | | physical evidence, plants
false evidence, furnishes false | 22 | | information; or
| 23 | | (2) induces Induces a witness having knowledge | 24 | | material to the subject at issue
to leave the State or | 25 | | conceal himself or herself; or
|
| | | HB4050 | - 49 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (3) possessing Possessing knowledge material to the | 2 | | subject at issue, he or she leaves the
State or conceals | 3 | | himself; or | 4 | | (4) if If a parent, legal guardian, or caretaker
of a | 5 | | child under 13 years of age reports materially false | 6 | | information to a law enforcement agency, medical examiner, | 7 | | coroner, State's Attorney, or other governmental agency | 8 | | during an investigation of the disappearance or death of a | 9 | | child under circumstances described in subsection (a) or | 10 | | (b) of Section 10-10 of this Code ; or .
| 11 | | (5) takes a body camera or any part of a body camera | 12 | | from a person known to be a peace officer. | 13 | | (b) Sentence.
| 14 | | (1) Obstructing justice is a Class 4 felony, except as | 15 | | provided in
paragraphs paragraph (2) and (3) of this | 16 | | subsection (b).
| 17 | | (2) Obstructing justice in furtherance of streetgang | 18 | | related or
gang-related activity, as defined in Section 10 | 19 | | of the Illinois Streetgang
Terrorism Omnibus Prevention | 20 | | Act, is a Class 3 felony. | 21 | | (3) A violation of paragraph (5) of subsection (a), if | 22 | | the body camera or any part of the body camera is taken | 23 | | from the peace officer during the commission of an offense | 24 | | that has caused great bodily harm to the officer or | 25 | | another person, is a Class 1 felony. Any other violation | 26 | | of paragraph (5) of subsection (a) is a Class 2 felony.
|
| | | HB4050 | - 50 - | LRB103 31718 AWJ 60299 b |
|
| 1 | | (Source: P.A. 97-1079, eff. 1-1-13.)
| | | | HB4050 | - 51 - | LRB103 31718 AWJ 60299 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 140/7.5 | | | 4 | | 50 ILCS 706/10-10 | | | 5 | | 50 ILCS 706/10-15 | | | 6 | | 50 ILCS 706/10-20 | | | 7 | | 50 ILCS 707/15 | | | 8 | | 50 ILCS 707/20 | | | 9 | | 720 ILCS 5/14-3 | | | 10 | | 720 ILCS 5/31-4 | from Ch. 38, par. 31-4 |
| |
|