SB2800sam002 93RD GENERAL ASSEMBLY

Sen. Rickey R. Hendon

Filed: 3/24/2004

09300SB2800sam002 LRB093 20960 RLC 47727 a

AMENDMENT TO SENATE BILL 2800

AMENDMENT NO. ______. Amend Senate Bill 2800 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 103-10 as follows:

(725 ILCS 5/103-10 new)

Sec. 103-10. Law enforcement agencies; use of video cameras to enforce criminal laws or ordinances prohibited.

(a) A law enforcement agency or law enforcement officer may not use a video camera or recording device, openly placed, to record visual images of public streets or highways and pedestrians or motor vehicle drivers on those streets or highways for the purpose of enforcing the criminal laws of this State or the criminal ordinances of a unit of local government. Only one video camera or recording device may be placed for every 5 blocks.

(b) Video camera images recorded in violation of subsection (a) are inadmissible in any criminal proceeding as evidence against a pedestrian or driver shown in those images and may not be used as a basis for an arrest of any person shown in those images to be violating the criminal laws of this State or the criminal ordinances of a unit of local government.

(c) This Section does not prohibit:

(1) a law enforcement agency or law enforcement officer from placing a video camera or recording device, secretly or openly placed, for the purpose of enforcing the Illinois Vehicle Code or similar ordinances of a unit of local government that regulate the moving of traffic;

(2) the placing of a video camera or recording device in or on a police vehicle; or

(3) the use of an eavesdropping device for undercover law enforcement purposes as authorized under Section 14-3 of the Criminal Code of 1961.".