Sen. Scott M. Bennett
Filed: 4/7/2022
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4608
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4608 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Police Training Act is amended by | ||||||
5 | changing Section 8.1 as follows:
| ||||||
6 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
7 | Sec. 8.1. Full-time law enforcement and county corrections | ||||||
8 | officers.
| ||||||
9 | (a) No person shall receive a permanent
appointment as a | ||||||
10 | law enforcement officer or a permanent appointment as a county | ||||||
11 | corrections officer
unless that person has been awarded, | ||||||
12 | within 6 months of the officer's
initial full-time employment, | ||||||
13 | a certificate attesting to the officer's
successful completion | ||||||
14 | of the Minimum Standards Basic Law Enforcement or County
| ||||||
15 | Correctional Training Course as prescribed by the Board; or | ||||||
16 | has been awarded a
certificate attesting to the officer's |
| |||||||
| |||||||
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:
| ||||||
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. |
| |||||||
| |||||||
1 | Such waiver shall be issued only for good and justifiable
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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
| ||||||
26 | require certification under the provisions of this Section. No |
| |||||||
| |||||||
1 | provision of
this Section shall be construed to apply to | ||||||
2 | certification of elected county
sheriffs.
| ||||||
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. |
| |||||||
| |||||||
1 | (f) This Section does not apply to part-time law | ||||||
2 | enforcement officers or
probationary part-time law enforcement | ||||||
3 | officers.
| ||||||
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.)
| ||||||
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:
| ||||||
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. |
| |||||||
| |||||||
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 | "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 |
| |||||||
| |||||||
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.
| ||||||
26 | "Recording medium" means any recording medium authorized |
| |||||||
| |||||||
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.
| ||||||
5 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
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 |
| |||||||
| |||||||
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:
| ||||||
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;
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
| ||||||
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;
| ||||||
14 | (iii) death or great bodily harm occurred to | ||||||
15 | any person in the recording;
| ||||||
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;
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | instruction, training, or ensuring compliance with agency | ||||||
2 | policies.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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.)
| ||||||
8 | Section 15. The Law Enforcement Camera Grant Act is | ||||||
9 | amended by changing Sections 5 and 10 as follows:
| ||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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.)
| ||||||
24 | (50 ILCS 707/10) | ||||||
25 | Sec. 10. Law Enforcement Camera Grant Fund; creation, |
| |||||||
| |||||||
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). |
| |||||||
| |||||||
1 | (h) (Blank). | ||||||
2 | (Source: P.A. 102-16, eff. 6-17-21.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|