Full Text of SB1385 101st General Assembly
SB1385sam002 101ST GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/20/2019
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| 1 | | AMENDMENT TO SENATE BILL 1385
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1385 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Law Enforcement Officer-Worn Body Camera | 5 | | Act is amended by changing Section 10-20 as follows: | 6 | | (50 ILCS 706/10-20)
| 7 | | Sec. 10-20. Requirements. | 8 | | (a) The Board shall develop basic guidelines for the use of | 9 | | officer-worn body cameras by law enforcement agencies. The | 10 | | guidelines developed by the Board shall be the basis for the | 11 | | written policy which must be adopted by each law enforcement | 12 | | agency which employs the use of officer-worn body cameras. The | 13 | | written policy adopted by the law enforcement agency must | 14 | | include, at a minimum, all of the following: | 15 | | (1) Cameras must be equipped with pre-event recording, | 16 | | capable of recording at least the 30 seconds prior to |
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| 1 | | camera activation, unless the officer-worn body camera was | 2 | | purchased and acquired by the law enforcement agency prior | 3 | | to July 1, 2015. | 4 | | (2) Cameras must be capable of recording for a period | 5 | | of 10 hours or more, unless the officer-worn body camera | 6 | | was purchased and acquired by the law enforcement agency | 7 | | prior to July 1, 2015. | 8 | | (3) Cameras must be turned on at all times when the | 9 | | officer is in uniform and is responding to calls for | 10 | | service or engaged in any law enforcement-related | 11 | | encounter or activity, that occurs while the officer is on | 12 | | duty. | 13 | | (A) If exigent circumstances exist which prevent | 14 | | the camera from being turned on, the camera must be | 15 | | turned on as soon as practicable. | 16 | | (B) Officer-worn body cameras may be turned off | 17 | | when the officer is inside of a patrol car which is | 18 | | equipped with a functioning in-car camera; however, | 19 | | the officer must turn on the camera upon exiting the | 20 | | patrol vehicle for law enforcement-related encounters. | 21 | | (4) Cameras must be turned off when:
| 22 | | (A) the victim of a crime requests that the camera | 23 | | be turned off, and unless impractical or impossible, | 24 | | that request is made on the recording; | 25 | | (B) a witness of a crime or a community member who | 26 | | wishes to report a crime requests that the camera be |
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| 1 | | turned off, and unless impractical or impossible that | 2 | | request is made on the recording; or
| 3 | | (C) the officer is interacting with a confidential | 4 | | informant used by the law enforcement agency. | 5 | | However, an officer may continue to record or resume | 6 | | recording a victim or a witness, if exigent circumstances | 7 | | exist, or if the officer has reasonable articulable | 8 | | suspicion that a victim or witness, or confidential | 9 | | informant has committed or is in the process of committing | 10 | | a crime. Under these circumstances, and unless impractical | 11 | | or impossible, the officer must indicate on the recording | 12 | | the reason for continuing to record despite the request of | 13 | | the victim or witness. | 14 | | (4.5) Cameras may be turned off when the officer is | 15 | | engaged in community caretaking functions. However, the | 16 | | camera must be turned on when the officer has reason to | 17 | | believe that the person on whose behalf the officer is | 18 | | performing a community caretaking function has committed | 19 | | or is in the process of committing a crime. If exigent | 20 | | circumstances exist which prevent the camera from being | 21 | | turned on, the camera must be turned on as soon as | 22 | | practicable. | 23 | | (5) The officer must provide notice of recording to any | 24 | | person if the person has a reasonable expectation of | 25 | | privacy and proof of notice must be evident in the | 26 | | recording.
If exigent circumstances exist which prevent |
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| 1 | | the officer from providing notice, notice must be provided | 2 | | as soon as practicable. | 3 | | (6) For the purposes of redaction, labeling, or | 4 | | duplicating recordings, access to camera recordings shall | 5 | | be restricted to only those personnel responsible for those | 6 | | purposes. The recording officer and his or her supervisor | 7 | | may access and review recordings prior to completing | 8 | | incident reports or other documentation, provided that the | 9 | | officer or his or her supervisor discloses that fact in the | 10 | | report or documentation. | 11 | | (7) Recordings made on officer-worn cameras must be | 12 | | retained by the law enforcement agency or by the camera | 13 | | vendor used by the agency, on a recording medium for a | 14 | | period of 90 days. | 15 | | (A) Under no circumstances shall any recording | 16 | | made with an officer-worn body camera be altered, | 17 | | erased, or destroyed prior to the expiration of the | 18 | | 90-day storage period.
| 19 | | (B) Following the 90-day storage period, any and | 20 | | all recordings made with an officer-worn body camera | 21 | | must be destroyed, unless any encounter captured on the | 22 | | recording has been flagged. An encounter is deemed to | 23 | | be flagged when:
| 24 | | (i) a formal or informal complaint has been | 25 | | filed; | 26 | | (ii) the officer discharged his or her firearm |
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| 1 | | or used force during the encounter;
| 2 | | (iii) death or great bodily harm occurred to | 3 | | any person in the recording;
| 4 | | (iv) the encounter resulted in a detention or | 5 | | an arrest, excluding traffic stops which resulted | 6 | | in only a minor traffic offense or business | 7 | | offense; | 8 | | (v) the officer is the subject of an internal | 9 | | investigation or otherwise being investigated for | 10 | | possible misconduct;
| 11 | | (vi) the supervisor of the officer, | 12 | | prosecutor, defendant, or court determines that | 13 | | the encounter has evidentiary value in a criminal | 14 | | prosecution; or | 15 | | (vii) the recording officer requests that the | 16 | | video be flagged for official purposes related to | 17 | | his or her official duties. | 18 | | (C) Under no circumstances shall any recording | 19 | | made with an officer-worn body camera relating to a | 20 | | flagged encounter be altered or destroyed prior to 2 | 21 | | years after the recording was flagged. If the flagged | 22 | | recording was used in a criminal, civil, or | 23 | | administrative proceeding, the recording shall not be | 24 | | destroyed except upon a final disposition and order | 25 | | from the court. | 26 | | (8) Following the 90-day storage period, recordings |
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| 1 | | may be retained if a supervisor at the law enforcement | 2 | | agency designates the recording for training purposes. If | 3 | | the recording is designated for training purposes, the | 4 | | recordings may be viewed by officers, in the presence of a | 5 | | supervisor or training instructor, for the purposes of | 6 | | instruction, training, or ensuring compliance with agency | 7 | | policies.
| 8 | | (9) Recordings shall not be used to discipline law | 9 | | enforcement officers unless: | 10 | | (A) a formal or informal complaint of misconduct | 11 | | has been made; | 12 | | (B) a use of force incident has occurred; | 13 | | (C) the encounter on the recording could result in | 14 | | a formal investigation under the Uniform Peace | 15 | | Officers' Disciplinary Act; or | 16 | | (D) as corroboration of other evidence of | 17 | | misconduct. | 18 | | Nothing in this paragraph (9) shall be construed to | 19 | | limit or prohibit a law enforcement officer from being | 20 | | subject to an action that does not amount to discipline. | 21 | | (10) The law enforcement agency shall ensure proper | 22 | | care and maintenance of officer-worn body cameras. Upon | 23 | | becoming aware, officers must as soon as practical document | 24 | | and notify the appropriate supervisor of any technical | 25 | | difficulties, failures, or problems with the officer-worn | 26 | | body camera or associated equipment. Upon receiving |
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| 1 | | notice, the appropriate supervisor shall make every | 2 | | reasonable effort to correct and repair any of the | 3 | | officer-worn body camera equipment. | 4 | | (11) No officer may hinder or prohibit any person, not | 5 | | a law enforcement officer, from recording a law enforcement | 6 | | officer in the performance of his or her duties in a public | 7 | | place or when the officer has no reasonable expectation of | 8 | | privacy.
The law enforcement agency's written policy shall | 9 | | indicate the potential criminal penalties, as well as any | 10 | | departmental discipline, which may result from unlawful | 11 | | confiscation or destruction of the recording medium of a | 12 | | person who is not a law enforcement officer. However, an | 13 | | officer may take reasonable action to maintain safety and | 14 | | control, secure crime scenes and accident sites, protect | 15 | | the integrity and confidentiality of investigations, and | 16 | | protect the public safety and order. | 17 | | (b) Recordings made with the use of an officer-worn body | 18 | | camera are not subject to disclosure under the Freedom of | 19 | | Information Act, except that: | 20 | | (1) if the subject of the encounter has a reasonable | 21 | | expectation of privacy, at the time of the recording, any | 22 | | recording which is flagged, due to the filing of a | 23 | | complaint, discharge of a firearm, use of force, arrest or | 24 | | detention, or resulting death or bodily harm, shall be | 25 | | disclosed in accordance with the Freedom of Information Act | 26 | | if: |
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| 1 | | (A) the subject of the encounter captured on the | 2 | | recording is a victim or witness; and | 3 | | (B) the law enforcement agency obtains written | 4 | | permission of the subject or the subject's legal | 5 | | representative; | 6 | | (2) except as provided in paragraph (1) of this | 7 | | subsection (b), any recording which is flagged due to the | 8 | | filing of a complaint, discharge of a firearm, use of | 9 | | force, arrest or detention, or resulting death or bodily | 10 | | harm shall be disclosed in accordance with the Freedom of | 11 | | Information Act; and | 12 | | (3) upon request, the law enforcement agency shall | 13 | | disclose, in accordance with the Freedom of Information | 14 | | Act, the recording to the subject of the encounter captured | 15 | | on the recording or to the subject's attorney, or the | 16 | | officer or his or her legal representative. | 17 | | For the purposes of paragraph (1) of this subsection (b), | 18 | | the subject of the encounter does not have a reasonable | 19 | | expectation of privacy if the subject was arrested as a result | 20 | | of the encounter. For purposes of subparagraph (A) of paragraph | 21 | | (1) of this subsection (b), "witness" does not include a person | 22 | | who is a victim or who was arrested as a result of the | 23 | | encounter.
| 24 | | Only recordings or portions of recordings responsive to the | 25 | | request shall be available for inspection or reproduction. Any | 26 | | recording disclosed under the Freedom of Information Act shall |
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| 1 | | be redacted to remove identification of any person that appears | 2 | | on the recording and is not the officer, a subject of the | 3 | | encounter, or directly involved in the encounter , and all law | 4 | | enforcement officer identifiers if the recordings are made | 5 | | available from any law enforcement or government agency to the | 6 | | media or public unless that law enforcement officer has been | 7 | | criminally charged relative to the recorded incident . Nothing | 8 | | in this subsection (b) shall require the disclosure of any | 9 | | recording or portion of any recording which would be exempt | 10 | | from disclosure under the Freedom of Information Act. | 11 | | (c) Nothing in this Section shall limit access to a camera | 12 | | recording for the purposes of complying with Supreme Court | 13 | | rules or the rules of evidence.
| 14 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)".
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