Illinois General Assembly - Full Text of HB4608
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Full Text of HB4608  102nd General Assembly

HB4608sam001 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/4/2022

 

 


 

 


 
10200HB4608sam001LRB102 23307 AWJ 38568 a

1
AMENDMENT TO HOUSE BILL 4608

2    AMENDMENT NO. ______. Amend House Bill 4608 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Law Enforcement Officer-Worn Body Camera
5Act is amended by changing Sections 10-10 and 10-20 as
6follows:
 
7    (50 ILCS 706/10-10)
8    Sec. 10-10. Definitions. As used in this Act:
9    "Badge" means an officer's department issued
10identification number associated with his or her position as a
11police officer with that department.
12    "Board" means the Illinois Law Enforcement Training
13Standards Board created by the Illinois Police Training Act.
14    "Business offense" means a petty offense for which the
15fine is in excess of $1,000.
16    "Community caretaking function" means a task undertaken by

 

 

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1a law enforcement officer in which the officer is performing
2an articulable act unrelated to the investigation of a crime.
3"Community caretaking function" includes, but is not limited
4to, participating in town halls or other community outreach,
5helping a child find his or her parents, providing death
6notifications, and performing in-home or hospital well-being
7checks on the sick, elderly, or persons presumed missing.
8"Community caretaking function" excludes law
9enforcement-related encounters or activities.
10    "Fund" means the Law Enforcement Camera Grant Fund.
11    "In uniform" means a law enforcement officer who is
12wearing any officially authorized uniform designated by a law
13enforcement agency, or a law enforcement officer who is
14visibly wearing articles of clothing, a badge, tactical gear,
15gun belt, a patch, or other insignia that he or she is a law
16enforcement officer acting in the course of his or her duties.
17    "Law enforcement officer" or "officer" means any person
18employed by a State, county, municipality, special district,
19college, unit of government, or any other entity authorized by
20law to employ peace officers or exercise police authority and
21who is primarily responsible for the prevention or detection
22of crime and the enforcement of the laws of this State.
23    "Law enforcement agency" means all State agencies with law
24enforcement officers, county sheriff's offices, municipal,
25special district, college, or unit of local government police
26departments.

 

 

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1    "Law enforcement-related encounters or activities"
2include, but are not limited to, traffic stops, pedestrian
3stops, arrests, searches, interrogations, investigations,
4pursuits, crowd control, traffic control, non-community
5caretaking interactions with an individual while on patrol, or
6any other instance in which the officer is enforcing the laws
7of the municipality, county, or State. "Law
8enforcement-related encounter or activities" does not include
9when the officer is completing paperwork alone, is
10participating in training in a classroom setting, or is only
11in the presence of another law enforcement officer or
12officers.
13    "Minor traffic offense" means a petty offense, business
14offense, or Class C misdemeanor under the Illinois Vehicle
15Code or a similar provision of a municipal or local ordinance.
16    "Officer-worn body camera" means an electronic camera
17system for creating, generating, sending, receiving, storing,
18displaying, and processing audiovisual recordings that may be
19worn about the person of a law enforcement officer.
20    "Peace officer" has the meaning provided in Section 2-13
21of the Criminal Code of 2012.
22    "Petty offense" means any offense for which a sentence of
23imprisonment is not an authorized disposition.
24    "Recording" means the process of capturing data or
25information stored on a recording medium as required under
26this Act.

 

 

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1    "Recording medium" means any recording medium authorized
2by the Board for the retention and playback of recorded audio
3and video including, but not limited to, VHS, DVD, hard drive,
4cloud storage, solid state, digital, flash memory technology,
5or any other electronic medium.
6(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
7    (50 ILCS 706/10-20)
8    Sec. 10-20. Requirements.
9    (a) The Board shall develop basic guidelines for the use
10of officer-worn body cameras by law enforcement agencies. The
11guidelines developed by the Board shall be the basis for the
12written policy which must be adopted by each law enforcement
13agency which employs the use of officer-worn body cameras. The
14written policy adopted by the law enforcement agency must
15include, at a minimum, all of the following:
16        (1) Cameras must be equipped with pre-event recording,
17    capable of recording at least the 30 seconds prior to
18    camera activation, unless the officer-worn body camera was
19    purchased and acquired by the law enforcement agency prior
20    to July 1, 2015.
21        (2) Cameras must be capable of recording for a period
22    of 10 hours or more, unless the officer-worn body camera
23    was purchased and acquired by the law enforcement agency
24    prior to July 1, 2015.
25        (3) Cameras must be turned on at all times when the

 

 

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1    officer is in uniform and is responding to calls for
2    service or engaged in any law enforcement-related
3    encounter or activity that occurs while the officer is on
4    duty.
5            (A) If exigent circumstances exist which prevent
6        the camera from being turned on, the camera must be
7        turned on as soon as practicable.
8            (B) Officer-worn body cameras may be turned off
9        when the officer is inside of a patrol car which is
10        equipped with a functioning in-car camera; however,
11        the officer must turn on the camera upon exiting the
12        patrol vehicle for law enforcement-related encounters.
13            (C) Officer-worn body cameras may be turned off
14        when the officer is inside a correctional facility or
15        courthouse which is equipped with a functioning camera
16        system.
17        (4) Cameras must be turned off when:
18            (A) the victim of a crime requests that the camera
19        be turned off, and unless impractical or impossible,
20        that request is made on the recording;
21            (B) a witness of a crime or a community member who
22        wishes to report a crime requests that the camera be
23        turned off, and unless impractical or impossible that
24        request is made on the recording;
25            (C) the officer is interacting with a confidential
26        informant used by the law enforcement agency; or

 

 

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1            (D) an officer of the Department of Revenue enters
2        a Department of Revenue facility or conducts an
3        interview during which return information will be
4        discussed or visible.
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
24    any 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) (A) For the purposes of redaction, labeling, or
4    duplicating recordings, access to camera recordings shall
5    be restricted to only those personnel responsible for
6    those purposes. The recording officer or his or her
7    supervisor may not redact, label, duplicate or otherwise
8    alter the recording officer's camera recordings. Except as
9    otherwise provided in this Section, the recording officer
10    and his or her supervisor may access and review recordings
11    prior to completing incident reports or other
12    documentation, provided that the supervisor discloses that
13    fact in the report or documentation.
14            (i) A law enforcement officer shall not have
15        access to or review his or her body-worn camera
16        recordings or the body-worn camera recordings of
17        another officer prior to completing incident reports
18        or other documentation when the officer:
19                (a) has been involved in or is a witness to an
20            officer-involved shooting, use of deadly force
21            incident, or use of force incidents resulting in
22            great bodily harm;
23                (b) is ordered to write a report in response
24            to or during the investigation of a misconduct
25            complaint against the officer.
26            (ii) If the officer subject to subparagraph (i)

 

 

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1        prepares a report, any report shall be prepared
2        without viewing body-worn camera recordings, and
3        subject to supervisor's approval, officers may file
4        amendatory reports after viewing body-worn camera
5        recordings. Supplemental reports under this provision
6        shall also contain documentation regarding access to
7        the video footage.
8            (B) The recording officer's assigned field
9        training officer may access and review recordings for
10        training purposes. Any detective or investigator
11        directly involved in the investigation of a matter may
12        access and review recordings which pertain to that
13        investigation but may not have access to delete or
14        alter such recordings.
15        (7) Recordings made on officer-worn cameras must be
16    retained by the law enforcement agency or by the camera
17    vendor used by the agency, on a recording medium for a
18    period of 90 days.
19            (A) Under no circumstances shall any recording,
20        except for a non-law enforcement related activity or
21        encounter, made with an officer-worn body camera be
22        altered, erased, or destroyed prior to the expiration
23        of the 90-day storage period. In the event any
24        recording made with an officer-worn body camera is
25        altered, erased, or destroyed prior to the expiration
26        of the 90-day storage period, the law enforcement

 

 

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1        agency shall maintain, for a period of one year, a
2        written record including (i) the name of the
3        individual who made such alteration, erasure, or
4        destruction, and (ii) the reason for any such
5        alteration, erasure, or destruction.
6            (B) Following the 90-day storage period, any and
7        all recordings made with an officer-worn body camera
8        must be destroyed, unless any encounter captured on
9        the recording has been flagged. An encounter is deemed
10        to be flagged when:
11                (i) a formal or informal complaint has been
12            filed;
13                (ii) the officer discharged his or her firearm
14            or used force during the encounter;
15                (iii) death or great bodily harm occurred to
16            any person in the recording;
17                (iv) the encounter resulted in a detention or
18            an arrest, excluding traffic stops which resulted
19            in only a minor traffic offense or business
20            offense;
21                (v) the officer is the subject of an internal
22            investigation or otherwise being investigated for
23            possible misconduct;
24                (vi) the supervisor of the officer,
25            prosecutor, defendant, or court determines that
26            the encounter has evidentiary value in a criminal

 

 

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1            prosecution; or
2                (vii) the recording officer requests that the
3            video be flagged for official purposes related to
4            his or her official duties or believes it may have
5            evidentiary value in a criminal prosecution.
6            (C) Under no circumstances shall any recording
7        made with an officer-worn body camera relating to a
8        flagged encounter be altered or destroyed prior to 2
9        years after the recording was flagged. If the flagged
10        recording was used in a criminal, civil, or
11        administrative proceeding, the recording shall not be
12        destroyed except upon a final disposition and order
13        from the court.
14            (D) Nothing in this Act prohibits law enforcement
15        agencies from labeling officer-worn body camera video
16        within the recording medium; provided that the
17        labeling does not alter the actual recording of the
18        incident captured on the officer-worn body camera. The
19        labels, titles, and tags shall not be construed as
20        altering the officer-worn body camera video in any
21        way.
22        (8) Following the 90-day storage period, recordings
23    may be retained if a supervisor at the law enforcement
24    agency designates the recording for training purposes. If
25    the recording is designated for training purposes, the
26    recordings may be viewed by officers, in the presence of a

 

 

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1    supervisor or training instructor, for the purposes of
2    instruction, training, or ensuring compliance with agency
3    policies.
4        (9) Recordings shall not be used to discipline law
5    enforcement officers unless:
6            (A) a formal or informal complaint of misconduct
7        has been made;
8            (B) a use of force incident has occurred;
9            (C) the encounter on the recording could result in
10        a formal investigation under the Uniform Peace
11        Officers' Disciplinary Act; or
12            (D) as corroboration of other evidence of
13        misconduct.
14        Nothing in this paragraph (9) shall be construed to
15    limit or prohibit a law enforcement officer from being
16    subject to an action that does not amount to discipline.
17        (10) The law enforcement agency shall ensure proper
18    care and maintenance of officer-worn body cameras. Upon
19    becoming aware, officers must as soon as practical
20    document and notify the appropriate supervisor of any
21    technical difficulties, failures, or problems with the
22    officer-worn body camera or associated equipment. Upon
23    receiving notice, the appropriate supervisor shall make
24    every reasonable effort to correct and repair any of the
25    officer-worn body camera equipment.
26        (11) No officer may hinder or prohibit any person, not

 

 

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1    a law enforcement officer, from recording a law
2    enforcement officer in the performance of his or her
3    duties in a public place or when the officer has no
4    reasonable expectation of privacy. The law enforcement
5    agency's written policy shall indicate the potential
6    criminal penalties, as well as any departmental
7    discipline, which may result from unlawful confiscation or
8    destruction of the recording medium of a person who is not
9    a law enforcement officer. However, an officer may take
10    reasonable action to maintain safety and control, secure
11    crime scenes and accident sites, protect the integrity and
12    confidentiality of investigations, and protect the public
13    safety and order.
14    (b) Recordings made with the use of an officer-worn body
15camera are not subject to disclosure under the Freedom of
16Information Act, except that:
17        (1) if the subject of the encounter has a reasonable
18    expectation of privacy, at the time of the recording, any
19    recording which is flagged, due to the filing of a
20    complaint, discharge of a firearm, use of force, arrest or
21    detention, or resulting death or bodily harm, shall be
22    disclosed in accordance with the Freedom of Information
23    Act if:
24            (A) the subject of the encounter captured on the
25        recording is a victim or witness; and
26            (B) the law enforcement agency obtains written

 

 

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1        permission of the subject or the subject's legal
2        representative;
3        (2) except as provided in paragraph (1) of this
4    subsection (b), any recording which is flagged due to the
5    filing of a complaint, discharge of a firearm, use of
6    force, arrest or detention, or resulting death or bodily
7    harm shall be disclosed in accordance with the Freedom of
8    Information Act; and
9        (3) upon request, the law enforcement agency shall
10    disclose, in accordance with the Freedom of Information
11    Act, the recording to the subject of the encounter
12    captured on the recording or to the subject's attorney, or
13    the officer or his or her legal representative.
14    For the purposes of paragraph (1) of this subsection (b),
15the subject of the encounter does not have a reasonable
16expectation of privacy if the subject was arrested as a result
17of the encounter. For purposes of subparagraph (A) of
18paragraph (1) of this subsection (b), "witness" does not
19include a person who is a victim or who was arrested as a
20result of the encounter.
21    Only recordings or portions of recordings responsive to
22the request shall be available for inspection or reproduction.
23Any recording disclosed under the Freedom of Information Act
24shall be redacted to remove identification of any person that
25appears on the recording and is not the officer, a subject of
26the encounter, or directly involved in the encounter. Nothing

 

 

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1in this subsection (b) shall require the disclosure of any
2recording or portion of any recording which would be exempt
3from disclosure under the Freedom of Information Act.
4    (c) Nothing in this Section shall limit access to a camera
5recording for the purposes of complying with Supreme Court
6rules or the rules of evidence.
7(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
8102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
 
9    Section 10. The Law Enforcement Camera Grant Act is
10amended by changing Sections 5 and 10 as follows:
 
11    (50 ILCS 707/5)
12    Sec. 5. Definitions. As used in this Act:
13    "Board" means the Illinois Law Enforcement Training
14Standards Board created by the Illinois Police Training Act.
15    "In-car video camera" means a video camera located in a
16law enforcement patrol vehicle.
17    "In-car video camera recording equipment" means a video
18camera recording system located in a law enforcement patrol
19vehicle consisting of a camera assembly, recording mechanism,
20and an in-car video recording medium.
21    "In uniform" means a law enforcement officer who is
22wearing any officially authorized uniform designated by a law
23enforcement agency, or a law enforcement officer who is
24visibly wearing articles of clothing, badge, tactical gear,

 

 

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1gun belt, a patch, or other insignia indicating that he or she
2is a law enforcement officer acting in the course of his or her
3duties.
4    "Law enforcement officer" or "officer" means any person
5employed by a unit of local government county, municipality,
6township, or an Illinois public university as a policeman,
7peace officer, or in some like position involving the
8enforcement of the law and protection of the public interest
9at the risk of that person's life.
10    "Officer-worn body camera" means an electronic camera
11system for creating, generating, sending, receiving, storing,
12displaying, and processing audiovisual recordings that may be
13worn about the person of a law enforcement officer.
14    "Recording" means the process of capturing data or
15information stored on a recording medium as required under
16this Act.
17    "Recording medium" means any recording medium authorized
18by the Board for the retention and playback of recorded audio
19and video including, but not limited to, VHS, DVD, hard drive,
20cloud storage, solid state, digital, flash memory technology,
21or any other electronic medium.
22    "Unit of local government" has the meaning ascribed to it
23in Section 1 of Article VII of the Illinois Constitution.
24(Source: P.A. 102-16, eff. 6-17-21.)
 
25    (50 ILCS 707/10)

 

 

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1    Sec. 10. Law Enforcement Camera Grant Fund; creation,
2rules.
3    (a) The Law Enforcement Camera Grant Fund is created as a
4special fund in the State treasury. From appropriations to the
5Board from the Fund, the Board must make grants to units of
6local government in Illinois and Illinois public universities
7for the purpose of (1) purchasing in-car video cameras for use
8in law enforcement vehicles, (2) purchasing officer-worn body
9cameras and associated technology for law enforcement
10officers, including covering associated data storage costs,
11and (3) training for law enforcement officers in the operation
12of the cameras.
13    Moneys received for the purposes of this Section,
14including, without limitation, fee receipts and gifts, grants,
15and awards from any public or private entity, must be
16deposited into the Fund. Any interest earned on moneys in the
17Fund must be deposited into the Fund.
18    (b) The Board may set requirements for the distribution of
19grant moneys and determine which law enforcement agencies are
20eligible.
21    (b-5) The Board shall consider compliance with the Uniform
22Crime Reporting Act as a factor in awarding grant moneys.
23    (c) (Blank).
24    (d) (Blank).
25    (e) (Blank).
26    (f) (Blank).

 

 

10200HB4608sam001- 17 -LRB102 23307 AWJ 38568 a

1    (g) (Blank).
2    (h) (Blank).
3(Source: P.A. 102-16, eff. 6-17-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".