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1 | | satisfactory completion of a training program of
similar |
2 | | content and number of hours and which course has been found |
3 | | acceptable
by the Board under the provisions of this Act; or a |
4 | | training waiver by reason of extensive prior
law enforcement |
5 | | or county corrections experience , whether or not such |
6 | | experience was obtained by employment by this State or any |
7 | | local governmental agency, the basic training requirement
is |
8 | | determined by the Board to be illogical and unreasonable. |
9 | | Within 60 days after the effective date of this amendatory Act |
10 | | of the 102nd General Assembly, the Board shall adopt uniform |
11 | | rules providing for a waiver process for a person previously |
12 | | employed and qualified as a law enforcement or county |
13 | | corrections officer under federal law or the laws of any other |
14 | | state. The rules shall provide that any person previously |
15 | | employed or qualified as a law enforcement or county |
16 | | corrections officer under federal law or the laws of any other |
17 | | state shall successfully complete:
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18 | | (1) a training program approved by the Board on the |
19 | | laws of this State relevant to the duties of law |
20 | | enforcement and county correctional officers; and |
21 | | (2) firearms training, prior to the approval of a |
22 | | waiver. |
23 | | If such training is required and not completed within the |
24 | | applicable 6
months, then the officer must forfeit the |
25 | | officer's position, or the employing agency
must obtain a |
26 | | waiver from the Board extending the period for
compliance. |
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1 | | Such waiver shall be issued only for good and justifiable
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2 | | reasons, and in no case shall extend more than 90 days beyond |
3 | | the
initial 6 months. Any hiring agency that fails to train a |
4 | | law enforcement officer within this period shall be prohibited |
5 | | from employing this individual in a law enforcement capacity |
6 | | for one year from the date training was to be completed. If an |
7 | | agency again fails to train the individual a second time, the |
8 | | agency shall be permanently barred from employing this |
9 | | individual in a law enforcement capacity.
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10 | | An individual who is not certified by the Board or whose |
11 | | certified status is inactive shall not function as a law |
12 | | enforcement officer, be assigned the duties of a law |
13 | | enforcement officer by an employing agency, or be authorized |
14 | | to carry firearms under the authority of the employer, except |
15 | | as otherwise authorized to carry a firearm under State or |
16 | | federal law. Sheriffs who are elected as of January 1, 2022 |
17 | | ( the effective date of Public Act 101-652) this amendatory Act |
18 | | of the 101st General Assembly, are exempt from the requirement |
19 | | of certified status. Failure to be certified in accordance |
20 | | with this Act shall cause the officer to forfeit the officer's |
21 | | position. |
22 | | An employing agency may not grant a person status as a law |
23 | | enforcement officer unless the person has been granted an |
24 | | active law enforcement officer certification by the Board. |
25 | | (b) Inactive status. A person who has an inactive law |
26 | | enforcement officer certification has no law enforcement |
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1 | | authority. |
2 | | (1) A law enforcement officer's certification becomes |
3 | | inactive upon termination, resignation, retirement, or |
4 | | separation from the officer's employing law enforcement |
5 | | agency for any reason. The Board shall re-activate a |
6 | | certification upon written application from the law |
7 | | enforcement officer's law enforcement agency that shows |
8 | | the law enforcement officer: (i) has accepted a full-time |
9 | | law enforcement position with that law enforcement agency, |
10 | | (ii) is not the subject of a decertification proceeding, |
11 | | and (iii) meets all other criteria for re-activation |
12 | | required by the Board. The Board may also establish |
13 | | special training requirements to be completed as a |
14 | | condition for re-activation. |
15 | | The Board shall review a notice for reactivation from |
16 | | a law enforcement agency and provide a response within 30 |
17 | | days. The Board may extend this review. A law enforcement |
18 | | officer shall be allowed to be employed as a full-time law |
19 | | enforcement officer while the law enforcement officer |
20 | | reactivation waiver is under review. |
21 | | A law enforcement officer who is refused reactivation |
22 | | or an employing agency of a law enforcement officer who is |
23 | | refused reactivation under this Section may request a |
24 | | hearing in accordance with the hearing procedures as |
25 | | outlined in subsection (h) of Section 6.3 of this Act. |
26 | | The Board may refuse to re-activate the certification |
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1 | | of a law enforcement officer who was involuntarily |
2 | | terminated for good cause by an employing agency for |
3 | | conduct subject to decertification under this Act or |
4 | | resigned or retired after receiving notice of a law |
5 | | enforcement agency's investigation. |
6 | | (2) A law enforcement agency may place an officer who |
7 | | is currently certified on inactive status by sending a |
8 | | written request to the Board. A law enforcement officer |
9 | | whose certificate has been placed on inactive status shall |
10 | | not function as a law enforcement officer until the |
11 | | officer has completed any requirements for reactivating |
12 | | the certificate as required by the Board. A request for |
13 | | inactive status in this subsection shall be in writing, |
14 | | accompanied by verifying documentation, and shall be |
15 | | submitted to the Board with a copy to the chief |
16 | | administrator of the law enforcement officer's current or |
17 | | new employing agency. |
18 | | (3) Certification that has become inactive under |
19 | | paragraph (2) of this subsection (b) , shall be reactivated |
20 | | by written notice from the law enforcement officer's |
21 | | agency upon a showing that the law enforcement officer is : |
22 | | (i) is employed in a full-time law enforcement position |
23 | | with the same law enforcement agency , (ii) is not the |
24 | | subject of a decertification proceeding, and (iii) meets |
25 | | all other criteria for re-activation required by the |
26 | | Board. |
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1 | | (4) Notwithstanding paragraph (3) of this subsection |
2 | | (b), a law enforcement officer whose certification has |
3 | | become inactive under paragraph (2) may have the officer's |
4 | | employing agency submit a request for a waiver of training |
5 | | requirements to the Board in writing and accompanied by |
6 | | any verifying documentation . . A grant of a waiver is |
7 | | within the discretion of the Board. Within 7 days of |
8 | | receiving a request for a waiver under this Section |
9 | | section , the Board shall notify the law enforcement |
10 | | officer and the chief administrator of the law enforcement |
11 | | officer's employing agency, whether the request has been |
12 | | granted, denied, or if the Board will take additional time |
13 | | for information. A law enforcement agency , whose request |
14 | | for a waiver under this subsection is denied , is entitled |
15 | | to request a review of the denial by the Board. The law |
16 | | enforcement agency must request a review within 20 days of |
17 | | the waiver being denied. The burden of proof shall be on |
18 | | the law enforcement agency to show why the law enforcement |
19 | | officer is entitled to a waiver of the legislatively |
20 | | required training and eligibility requirements. |
21 | | (c) No provision
of this Section shall be construed to |
22 | | mean that a county corrections
officer employed by a |
23 | | governmental agency at the time of the
effective date of this |
24 | | amendatory Act, either as a probationary
county corrections |
25 | | officer or as a permanent county corrections officer, shall
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26 | | require certification under the provisions of this Section. No |
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1 | | provision of
this Section shall be construed to apply to |
2 | | certification of elected county
sheriffs.
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3 | | (d) Within 14 days, a law enforcement officer shall report |
4 | | to the Board: (1) any name change; (2) any change in |
5 | | employment; or (3) the filing of any criminal indictment or |
6 | | charges against the officer alleging that the officer |
7 | | committed any offense as enumerated in Section 6.1 of this |
8 | | Act. |
9 | | (e) All law enforcement officers must report the |
10 | | completion of the training requirements required in this Act |
11 | | in compliance with Section 8.4 of this Act. |
12 | | (e-1) Each employing law enforcement agency shall allow |
13 | | and provide an opportunity for a law enforcement officer to |
14 | | complete the mandated requirements in this Act. All mandated |
15 | | training shall will be provided for at no cost to the |
16 | | employees. Employees shall be paid for all time spent |
17 | | attending mandated training. |
18 | | (e-2) Each agency, academy, or training provider shall |
19 | | maintain proof of a law enforcement officer's completion of |
20 | | legislatively required training in a format designated by the |
21 | | Board. The report of training shall be submitted to the Board |
22 | | within 30 days following completion of the training. A copy of |
23 | | the report shall be submitted to the law enforcement officer. |
24 | | Upon receipt of a properly completed report of training, the |
25 | | Board will make the appropriate entry into the training |
26 | | records of the law enforcement officer. |
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1 | | (f) This Section does not apply to part-time law |
2 | | enforcement officers or
probationary part-time law enforcement |
3 | | officers.
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4 | | (g) Notwithstanding any provision of law to the contrary, |
5 | | the changes made to this Section by this amendatory Act of the |
6 | | 102nd General Assembly, Public Act 101-652, and Public Act |
7 | | 102-28 , and Public Act 102-694 take effect July 1, 2022. |
8 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; |
9 | | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
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10 | | Section 10. The Law Enforcement Officer-Worn Body Camera |
11 | | Act is amended by changing Sections 10-10 and 10-20 as |
12 | | follows:
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13 | | (50 ILCS 706/10-10)
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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. |
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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.
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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 | | "Law enforcement officer" or "officer" means any person |
16 | | employed by a State, county, municipality, special district, |
17 | | college, unit of government, or any other entity authorized by |
18 | | law to employ peace officers or exercise police authority and |
19 | | who is primarily responsible for the prevention or detection |
20 | | of crime and the enforcement of the laws of this State. |
21 | | "Law enforcement agency" means all State agencies with law |
22 | | enforcement officers, county sheriff's offices, municipal, |
23 | | special district, college, or unit of local government police |
24 | | departments. |
25 | | "Law enforcement-related encounters or activities" |
26 | | include, but are not limited to, traffic stops, pedestrian |
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1 | | stops, arrests, searches, interrogations, investigations, |
2 | | pursuits, crowd control, traffic control, non-community |
3 | | caretaking interactions with an individual while on patrol, or |
4 | | any other instance in which the officer is enforcing the laws |
5 | | of the municipality, county, or State. "Law |
6 | | enforcement-related encounter or activities" does not include |
7 | | when the officer is completing paperwork alone , is |
8 | | participating in training in a classroom setting, or is only |
9 | | in the presence of another law enforcement officer or officers |
10 | | while not performing any other law enforcement-related |
11 | | activity . |
12 | | "Minor traffic offense" means a petty offense, business |
13 | | offense, or Class C misdemeanor under the Illinois Vehicle |
14 | | Code or a similar provision of a municipal or local ordinance. |
15 | | "Officer-worn body camera" means an electronic camera |
16 | | system for creating, generating, sending, receiving, storing, |
17 | | displaying, and processing audiovisual recordings that may be |
18 | | worn about the person of a law enforcement officer. |
19 | | "Peace officer" has the meaning provided in Section 2-13 |
20 | | of the Criminal Code of 2012. |
21 | | "Petty offense" means any offense for which a sentence of |
22 | | imprisonment is not an authorized disposition. |
23 | | "Recording" means the process of capturing data or |
24 | | information stored on a recording medium as required under |
25 | | this Act.
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26 | | "Recording medium" means any recording medium authorized |
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1 | | by the Board for the retention and playback of recorded audio |
2 | | and video including, but not limited to, VHS, DVD, hard drive, |
3 | | cloud storage, solid state, digital, flash memory technology, |
4 | | or any other electronic medium.
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5 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
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6 | | (50 ILCS 706/10-20) |
7 | | Sec. 10-20. Requirements. |
8 | | (a) The Board shall develop basic guidelines for the use |
9 | | of 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 |
17 | | camera activation, unless the officer-worn body camera was |
18 | | purchased and acquired by the law enforcement agency prior |
19 | | to July 1, 2015. |
20 | | (2) Cameras must be capable of recording for a period |
21 | | of 10 hours or more, unless the officer-worn body camera |
22 | | was purchased and acquired by the law enforcement agency |
23 | | prior to July 1, 2015. |
24 | | (3) Cameras must be turned on at all times when the |
25 | | officer is in uniform and is responding to calls for |
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1 | | service or engaged in any law enforcement-related |
2 | | encounter or activity that occurs while the officer is on |
3 | | duty. |
4 | | (A) If exigent circumstances exist which prevent |
5 | | the camera from being turned on, the camera must be |
6 | | turned on as soon as practicable. |
7 | | (B) Officer-worn body cameras may be turned off |
8 | | when the officer is inside of a patrol car which is |
9 | | equipped with a functioning in-car camera; however, |
10 | | the officer must turn on the camera upon exiting the |
11 | | patrol vehicle for law enforcement-related encounters. |
12 | | (C) Officer-worn body cameras may be turned off |
13 | | when the officer is inside a correctional facility or |
14 | | courthouse which is equipped with a functioning camera |
15 | | system. |
16 | | (4) Cameras must be turned off when:
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17 | | (A) the victim of a crime requests that the camera |
18 | | be turned off, and unless impractical or impossible, |
19 | | that request is made on the recording; |
20 | | (B) a witness of a crime or a community member who |
21 | | wishes to report a crime requests that the camera be |
22 | | turned off, and unless impractical or impossible that |
23 | | request is made on the recording;
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24 | | (C) the officer is interacting with a confidential |
25 | | informant used by the law enforcement agency; or |
26 | | (D) an officer of the Department of Revenue enters |
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1 | | a Department of Revenue facility or conducts an |
2 | | interview during which return information will be |
3 | | discussed or visible. |
4 | | However, an officer may continue to record or resume |
5 | | recording a victim or a witness, if exigent circumstances |
6 | | exist, or if the officer has reasonable articulable |
7 | | suspicion that a victim or witness, or confidential |
8 | | informant has committed or is in the process of committing |
9 | | a crime. Under these circumstances, and unless impractical |
10 | | or impossible, the officer must indicate on the recording |
11 | | the reason for continuing to record despite the request of |
12 | | the victim or witness. |
13 | | (4.5) Cameras may be turned off when the officer is |
14 | | engaged in community caretaking functions. However, the |
15 | | camera must be turned on when the officer has reason to |
16 | | believe that the person on whose behalf the officer is |
17 | | performing a community caretaking function has committed |
18 | | or is in the process of committing a crime. If exigent |
19 | | circumstances exist which prevent the camera from being |
20 | | turned on, the camera must be turned on as soon as |
21 | | practicable. |
22 | | (5) The officer must provide notice of recording to |
23 | | any person if the person has a reasonable expectation of |
24 | | privacy and proof of notice must be evident in the |
25 | | recording.
If exigent circumstances exist which prevent |
26 | | the officer from providing notice, notice must be provided |
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1 | | as soon as practicable. |
2 | | (6) (A) For the purposes of redaction, labeling, or |
3 | | duplicating recordings, access to camera recordings shall |
4 | | be restricted to only those personnel responsible for |
5 | | those purposes. The recording officer or his or her |
6 | | supervisor may not redact, label, duplicate or otherwise |
7 | | alter the recording officer's camera recordings. Except as |
8 | | otherwise provided in this Section, the recording officer |
9 | | and his or her supervisor may access and review recordings |
10 | | prior to completing incident reports or other |
11 | | documentation, provided that the supervisor discloses that |
12 | | fact in the report or documentation. |
13 | | (i) A law enforcement officer shall not have |
14 | | access to or review his or her body-worn
camera |
15 | | recordings or the body-worn camera recordings of |
16 | | another officer prior to completing incident reports |
17 | | or other documentation when the officer: |
18 | | (a) has been involved in or is a witness to an |
19 | | officer-involved shooting, use of deadly force |
20 | | incident, or use of force incidents resulting in |
21 | | great bodily harm; |
22 | | (b) is ordered to write a report in response |
23 | | to or during the investigation of a misconduct |
24 | | complaint against the officer. |
25 | | (ii) If the officer subject to subparagraph (i) |
26 | | prepares a report, any report shall be prepared |
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1 | | without viewing body-worn camera recordings, and |
2 | | subject to supervisor's approval, officers may file |
3 | | amendatory reports after viewing body-worn camera |
4 | | recordings. Supplemental reports under this provision |
5 | | shall also contain documentation regarding access to |
6 | | the video footage. |
7 | | (B) The recording officer's assigned field |
8 | | training officer may access and review recordings for |
9 | | training purposes. Any detective or investigator |
10 | | directly involved in the investigation of a matter may |
11 | | access and review recordings which pertain to that |
12 | | investigation but may not have access to delete or |
13 | | alter such recordings. |
14 | | (7) Recordings made on officer-worn cameras must be |
15 | | retained by the law enforcement agency or by the camera |
16 | | vendor used by the agency, on a recording medium for a |
17 | | period of 90 days. |
18 | | (A) Under no circumstances shall any recording, |
19 | | except for a non-law enforcement related activity or |
20 | | encounter, made with an officer-worn body camera be |
21 | | altered, erased, or destroyed prior to the expiration |
22 | | of the 90-day storage period.
In the event any |
23 | | recording made with an officer-worn body camera is |
24 | | altered, erased, or destroyed prior to the expiration |
25 | | of the 90-day storage period, the law enforcement |
26 | | agency shall maintain, for a period of one year, a |
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1 | | written record including (i) the name of the |
2 | | individual who made such alteration, erasure, or |
3 | | destruction, and (ii) the reason for any such |
4 | | alteration, erasure, or destruction. |
5 | | (B) Following the 90-day storage period, any and |
6 | | all recordings made with an officer-worn body camera |
7 | | must be destroyed, unless any encounter captured on |
8 | | the recording has been flagged. An encounter is deemed |
9 | | to be flagged when:
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10 | | (i) a formal or informal complaint has been |
11 | | filed; |
12 | | (ii) the officer discharged his or her firearm |
13 | | or used force during the encounter;
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14 | | (iii) death or great bodily harm occurred to |
15 | | any person in the recording;
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16 | | (iv) the encounter resulted in a detention or |
17 | | an arrest, excluding traffic stops which resulted |
18 | | in only a minor traffic offense or business |
19 | | offense; |
20 | | (v) the officer is the subject of an internal |
21 | | investigation or otherwise being investigated for |
22 | | possible misconduct;
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23 | | (vi) the supervisor of the officer, |
24 | | prosecutor, defendant, or court determines that |
25 | | the encounter has evidentiary value in a criminal |
26 | | prosecution; or |
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1 | | (vii) the recording officer requests that the |
2 | | video be flagged for official purposes related to |
3 | | his or her official duties or believes it may have |
4 | | evidentiary value in a criminal prosecution . |
5 | | (C) Under no circumstances shall any recording |
6 | | made with an officer-worn body camera relating to a |
7 | | flagged encounter be altered or destroyed prior to 2 |
8 | | years after the recording was flagged. If the flagged |
9 | | recording was used in a criminal, civil, or |
10 | | administrative proceeding, the recording shall not be |
11 | | destroyed except upon a final disposition and order |
12 | | from the court. |
13 | | (D) Nothing in this Act prohibits law enforcement |
14 | | agencies from labeling officer-worn body camera video |
15 | | within the recording medium; provided that the |
16 | | labeling does not alter the actual recording of the |
17 | | incident captured on the officer-worn body camera. The |
18 | | labels, titles, and tags shall not be construed as |
19 | | altering the officer-worn body camera video in any |
20 | | way. |
21 | | (8) Following the 90-day storage period, recordings |
22 | | may be retained if a supervisor at the law enforcement |
23 | | agency designates the recording for training purposes. If |
24 | | the recording is designated for training purposes, the |
25 | | recordings may be viewed by officers, in the presence of a |
26 | | supervisor or training instructor, for the purposes of |
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1 | | instruction, training, or ensuring compliance with agency |
2 | | policies.
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3 | | (9) Recordings shall not be used to discipline law |
4 | | enforcement officers unless: |
5 | | (A) a formal or informal complaint of misconduct |
6 | | has been made; |
7 | | (B) a use of force incident has occurred; |
8 | | (C) the encounter on the recording could result in |
9 | | a formal investigation under the Uniform Peace |
10 | | Officers' Disciplinary Act; or |
11 | | (D) as corroboration of other evidence of |
12 | | misconduct. |
13 | | Nothing in this paragraph (9) shall be construed to |
14 | | limit or prohibit a law enforcement officer from being |
15 | | subject to an action that does not amount to discipline. |
16 | | (10) The law enforcement agency shall ensure proper |
17 | | care and maintenance of officer-worn body cameras. Upon |
18 | | becoming aware, officers must as soon as practical |
19 | | document and notify the appropriate supervisor of any |
20 | | technical difficulties, failures, or problems with the |
21 | | officer-worn body camera or associated equipment. Upon |
22 | | receiving notice, the appropriate supervisor shall make |
23 | | every reasonable effort to correct and repair any of the |
24 | | officer-worn body camera equipment. |
25 | | (11) No officer may hinder or prohibit any person, not |
26 | | a law enforcement officer, from recording a law |
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1 | | enforcement officer in the performance of his or her |
2 | | duties in a public place or when the officer has no |
3 | | reasonable expectation of privacy.
The law enforcement |
4 | | agency's written policy shall indicate the potential |
5 | | criminal penalties, as well as any departmental |
6 | | discipline, which may result from unlawful confiscation or |
7 | | destruction of the recording medium of a person who is not |
8 | | a law enforcement officer. However, an officer may take |
9 | | reasonable action to maintain safety and control, secure |
10 | | crime scenes and accident sites, protect the integrity and |
11 | | confidentiality of investigations, and protect the public |
12 | | safety and order. |
13 | | (b) Recordings made with the use of an officer-worn body |
14 | | camera are not subject to disclosure under the Freedom of |
15 | | Information Act, except that: |
16 | | (1) if the subject of the encounter has a reasonable |
17 | | expectation of privacy, at the time of the recording, any |
18 | | recording which is flagged, due to the filing of a |
19 | | complaint, discharge of a firearm, use of force, arrest or |
20 | | detention, or resulting death or bodily harm, shall be |
21 | | disclosed in accordance with the Freedom of Information |
22 | | Act if: |
23 | | (A) the subject of the encounter captured on the |
24 | | recording is a victim or witness; and |
25 | | (B) the law enforcement agency obtains written |
26 | | permission of the subject or the subject's legal |
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1 | | representative; |
2 | | (2) except as provided in paragraph (1) of this |
3 | | subsection (b), any recording which is flagged due to the |
4 | | filing of a complaint, discharge of a firearm, use of |
5 | | force, arrest or detention, or resulting death or bodily |
6 | | harm shall be disclosed in accordance with the Freedom of |
7 | | Information Act; and |
8 | | (3) upon request, the law enforcement agency shall |
9 | | disclose, in accordance with the Freedom of Information |
10 | | Act, the recording to the subject of the encounter |
11 | | captured on the recording or to the subject's attorney, or |
12 | | the officer or his or her legal representative. |
13 | | For the purposes of paragraph (1) of this subsection (b), |
14 | | the subject of the encounter does not have a reasonable |
15 | | expectation of privacy if the subject was arrested as a result |
16 | | of the encounter. For purposes of subparagraph (A) of |
17 | | paragraph (1) of this subsection (b), "witness" does not |
18 | | include a person who is a victim or who was arrested as a |
19 | | result of the encounter.
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20 | | Only recordings or portions of recordings responsive to |
21 | | the request shall be available for inspection or reproduction. |
22 | | Any recording disclosed under the Freedom of Information Act |
23 | | shall be redacted to remove identification of any person that |
24 | | appears on the recording and is not the officer, a subject of |
25 | | the encounter, or directly involved in the encounter. Nothing |
26 | | in this subsection (b) shall require the disclosure of any |
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1 | | recording or portion of any recording which would be exempt |
2 | | from disclosure under the Freedom of Information Act. |
3 | | (c) Nothing in this Section shall limit access to a camera |
4 | | recording for the purposes of complying with Supreme Court |
5 | | rules or the rules of evidence.
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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.)
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8 | | Section 15. The Law Enforcement Camera Grant Act is |
9 | | amended by changing Sections 5 and 10 as follows:
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10 | | (50 ILCS 707/5) |
11 | | Sec. 5. Definitions. As used in this Act: |
12 | | "Board" means the Illinois Law Enforcement Training |
13 | | Standards Board
created by the Illinois Police Training Act. |
14 | | "In-car video camera" means a video camera located in a |
15 | | law enforcement patrol vehicle. |
16 | | "In-car video camera recording equipment" means a video |
17 | | camera recording system located in a law enforcement patrol |
18 | | vehicle consisting of a camera assembly, recording mechanism, |
19 | | and an in-car video recording medium. |
20 | | "In uniform" means a law enforcement officer who is |
21 | | wearing any officially authorized uniform designated by a law |
22 | | enforcement agency, or a law enforcement officer who is |
23 | | visibly wearing articles of clothing, badge, tactical gear, |
24 | | gun belt, a patch, or other insignia indicating that he or she |
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1 | | is a law enforcement officer acting in the course of his or her |
2 | | duties. |
3 | | "Law enforcement officer" or "officer" means any person |
4 | | employed by a
unit of local government county, municipality, |
5 | | township, or an Illinois public university as a policeman, |
6 | | peace officer , or in some
like position involving the |
7 | | enforcement of the law and protection of the
public interest |
8 | | at the risk of that person's life. |
9 | | "Officer-worn body camera" means an electronic camera |
10 | | system for creating, generating, sending, receiving, storing, |
11 | | displaying, and processing audiovisual recordings that may be |
12 | | worn about the person of a law enforcement officer. |
13 | | "Recording" means the process of capturing data or |
14 | | information stored on a recording medium as required under |
15 | | this Act. |
16 | | "Recording medium" means any recording medium authorized |
17 | | by the Board for the retention and playback of recorded audio |
18 | | and video including, but not limited to, VHS, DVD, hard drive, |
19 | | cloud storage, solid state, digital, flash memory technology, |
20 | | or any other electronic medium.
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21 | | "Unit of local government" has the meaning ascribed to it |
22 | | in Section 1 of Article VII of the Illinois Constitution. |
23 | | (Source: P.A. 102-16, eff. 6-17-21.)
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24 | | (50 ILCS 707/10) |
25 | | Sec. 10. Law Enforcement Camera Grant Fund; creation, |
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1 | | rules. |
2 | | (a) The Law Enforcement Camera Grant Fund is created as a |
3 | | special fund in the State treasury. From appropriations to the |
4 | | Board from the Fund, the Board must make grants to units of |
5 | | local government in Illinois and Illinois public universities |
6 | | for the purpose of (1) purchasing in-car video cameras for use |
7 | | in law enforcement vehicles, (2) purchasing officer-worn body |
8 | | cameras and associated technology for law enforcement |
9 | | officers, including covering associated data storage costs, |
10 | | and (3) training for law enforcement officers in the operation |
11 | | of the cameras. |
12 | | Moneys received for the purposes of this Section, |
13 | | including, without limitation, fee receipts and gifts, grants, |
14 | | and awards from any public or private entity, must be |
15 | | deposited into the Fund. Any interest earned on moneys in the |
16 | | Fund must be deposited into the Fund. |
17 | | (b) The Board may set requirements for the distribution of |
18 | | grant moneys and determine which law enforcement agencies are |
19 | | eligible. |
20 | | (b-5) The Board shall consider compliance with the Uniform |
21 | | Crime Reporting Act as a factor in awarding grant moneys. |
22 | | (c) (Blank). |
23 | | (d) (Blank). |
24 | | (e) (Blank).
|
25 | | (f) (Blank). |
26 | | (g) (Blank). |