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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1385 Introduced 2/13/2019, by Sen. Antonio Muņoz SYNOPSIS AS INTRODUCED: |
| 50 ILCS 706/10-20 | | 50 ILCS 706/10-40 new | |
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Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that any recording disclosed under the Freedom of Information Act shall be redacted to remove identification of any person that appears on the recording and is not a subject of the encounter, directly involved in the encounter, and all law enforcement officer identifiers if the recordings are made available from any law enforcement or government agency to the media or public unless that law enforcement officer has been criminally charged relative to the recorded incident. Provides that if any law enforcement or government agency fails to follow the requirements of the Act, the agency is liable for a penalty of $100 per day to the affected individual. Provides that the individual and that individual's labor organization has the right to file suit against that law enforcement agency to require the agency to comply with the terms of the Act.
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| | A BILL FOR |
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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Law Enforcement Officer-Worn Body Camera Act |
5 | | is amended by changing Section 10-20 and by adding Section |
6 | | 10-40 as follows: |
7 | | (50 ILCS 706/10-20)
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8 | | Sec. 10-20. Requirements. |
9 | | (a) The Board shall develop basic guidelines for the use of |
10 | | officer-worn body cameras by law enforcement agencies. The |
11 | | guidelines developed by the Board shall be the basis for the |
12 | | written policy which must be adopted by each law enforcement |
13 | | agency which employs the use of officer-worn body cameras. The |
14 | | written policy adopted by the law enforcement agency must |
15 | | include, 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 |
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1 | | prior to July 1, 2015. |
2 | | (3) Cameras must be turned on at all times when the |
3 | | officer is in uniform and is responding to calls for |
4 | | service or engaged in any law enforcement-related |
5 | | encounter or activity, that occurs while the officer is on |
6 | | duty. |
7 | | (A) If exigent circumstances exist which prevent |
8 | | the camera from being turned on, the camera must be |
9 | | turned on as soon as practicable. |
10 | | (B) Officer-worn body cameras may be turned off |
11 | | when the officer is inside of a patrol car which is |
12 | | equipped with a functioning in-car camera; however, |
13 | | the officer must turn on the camera upon exiting the |
14 | | patrol vehicle for law enforcement-related encounters. |
15 | | (4) Cameras must be turned off when:
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16 | | (A) the victim of a crime requests that the camera |
17 | | be turned off, and unless impractical or impossible, |
18 | | that request is made on the recording; |
19 | | (B) a witness of a crime or a community member who |
20 | | wishes to report a crime requests that the camera be |
21 | | turned off, and unless impractical or impossible that |
22 | | request is made on the recording; or
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23 | | (C) the officer is interacting with a confidential |
24 | | informant used by the law enforcement agency. |
25 | | However, an officer may continue to record or resume |
26 | | recording a victim or a witness, if exigent circumstances |
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1 | | exist, or if the officer has reasonable articulable |
2 | | suspicion that a victim or witness, or confidential |
3 | | informant has committed or is in the process of committing |
4 | | a crime. Under these circumstances, and unless impractical |
5 | | or impossible, the officer must indicate on the recording |
6 | | the reason for continuing to record despite the request of |
7 | | the victim or witness. |
8 | | (4.5) Cameras may be turned off when the officer is |
9 | | engaged in community caretaking functions. However, the |
10 | | camera must be turned on when the officer has reason to |
11 | | believe that the person on whose behalf the officer is |
12 | | performing a community caretaking function has committed |
13 | | or is in the process of committing a crime. If exigent |
14 | | circumstances exist which prevent the camera from being |
15 | | turned on, the camera must be turned on as soon as |
16 | | practicable. |
17 | | (5) The officer must provide notice of recording to any |
18 | | person if the person has a reasonable expectation of |
19 | | privacy and proof of notice must be evident in the |
20 | | recording.
If exigent circumstances exist which prevent |
21 | | the officer from providing notice, notice must be provided |
22 | | as soon as practicable. |
23 | | (6) For the purposes of redaction, labeling, or |
24 | | duplicating recordings, access to camera recordings shall |
25 | | be restricted to only those personnel responsible for those |
26 | | purposes. The recording officer and his or her supervisor |
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1 | | may access and review recordings prior to completing |
2 | | incident reports or other documentation, provided that the |
3 | | officer or his or her supervisor discloses that fact in the |
4 | | report or documentation. |
5 | | (7) Recordings made on officer-worn cameras must be |
6 | | retained by the law enforcement agency or by the camera |
7 | | vendor used by the agency, on a recording medium for a |
8 | | period of 90 days. |
9 | | (A) Under no circumstances shall any recording |
10 | | made with an officer-worn body camera be altered, |
11 | | erased, or destroyed prior to the expiration of the |
12 | | 90-day storage period.
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13 | | (B) Following the 90-day storage period, any and |
14 | | all recordings made with an officer-worn body camera |
15 | | must be destroyed, unless any encounter captured on the |
16 | | recording has been flagged. An encounter is deemed to |
17 | | be flagged when:
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18 | | (i) a formal or informal complaint has been |
19 | | filed; |
20 | | (ii) the officer discharged his or her firearm |
21 | | or used force during the encounter;
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22 | | (iii) death or great bodily harm occurred to |
23 | | any person in the recording;
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24 | | (iv) the encounter resulted in a detention or |
25 | | an arrest, excluding traffic stops which resulted |
26 | | in only a minor traffic offense or business |
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1 | | offense; |
2 | | (v) the officer is the subject of an internal |
3 | | investigation or otherwise being investigated for |
4 | | possible misconduct;
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5 | | (vi) the supervisor of the officer, |
6 | | prosecutor, defendant, or court determines that |
7 | | the encounter has evidentiary value in a criminal |
8 | | prosecution; or |
9 | | (vii) the recording officer requests that the |
10 | | video be flagged for official purposes related to |
11 | | his or her official duties. |
12 | | (C) Under no circumstances shall any recording |
13 | | made with an officer-worn body camera relating to a |
14 | | flagged encounter be altered or destroyed prior to 2 |
15 | | years after the recording was flagged. If the flagged |
16 | | recording was used in a criminal, civil, or |
17 | | administrative proceeding, the recording shall not be |
18 | | destroyed except upon a final disposition and order |
19 | | from the court. |
20 | | (8) Following the 90-day storage period, recordings |
21 | | may be retained if a supervisor at the law enforcement |
22 | | agency designates the recording for training purposes. If |
23 | | the recording is designated for training purposes, the |
24 | | recordings may be viewed by officers, in the presence of a |
25 | | supervisor or training instructor, for the purposes of |
26 | | instruction, training, or ensuring compliance with agency |
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1 | | policies.
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2 | | (9) Recordings shall not be used to discipline law |
3 | | enforcement officers unless: |
4 | | (A) a formal or informal complaint of misconduct |
5 | | has been made; |
6 | | (B) a use of force incident has occurred; |
7 | | (C) the encounter on the recording could result in |
8 | | a formal investigation under the Uniform Peace |
9 | | Officers' Disciplinary Act; or |
10 | | (D) as corroboration of other evidence of |
11 | | misconduct. |
12 | | Nothing in this paragraph (9) shall be construed to |
13 | | limit or prohibit a law enforcement officer from being |
14 | | subject to an action that does not amount to discipline. |
15 | | (10) The law enforcement agency shall ensure proper |
16 | | care and maintenance of officer-worn body cameras. Upon |
17 | | becoming aware, officers must as soon as practical document |
18 | | and notify the appropriate supervisor of any technical |
19 | | difficulties, failures, or problems with the officer-worn |
20 | | body camera or associated equipment. Upon receiving |
21 | | notice, the appropriate supervisor shall make every |
22 | | reasonable effort to correct and repair any of the |
23 | | officer-worn body camera equipment. |
24 | | (11) No officer may hinder or prohibit any person, not |
25 | | a law enforcement officer, from recording a law enforcement |
26 | | officer in the performance of his or her duties in a public |
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1 | | place or when the officer has no reasonable expectation of |
2 | | privacy.
The law enforcement agency's written policy shall |
3 | | indicate the potential criminal penalties, as well as any |
4 | | departmental discipline, which may result from unlawful |
5 | | confiscation or destruction of the recording medium of a |
6 | | person who is not a law enforcement officer. However, an |
7 | | officer may take reasonable action to maintain safety and |
8 | | control, secure crime scenes and accident sites, protect |
9 | | the integrity and confidentiality of investigations, and |
10 | | protect the public safety and order. |
11 | | (b) Recordings made with the use of an officer-worn body |
12 | | camera are not subject to disclosure under the Freedom of |
13 | | Information Act, except that: |
14 | | (1) if the subject of the encounter has a reasonable |
15 | | expectation of privacy, at the time of the recording, any |
16 | | recording which is flagged, due to the filing of a |
17 | | complaint, discharge of a firearm, use of force, arrest or |
18 | | detention, or resulting death or bodily harm, shall be |
19 | | disclosed in accordance with the Freedom of Information Act |
20 | | if: |
21 | | (A) the subject of the encounter captured on the |
22 | | recording is a victim or witness; and |
23 | | (B) the law enforcement agency obtains written |
24 | | permission of the subject or the subject's legal |
25 | | representative; |
26 | | (2) except as provided in paragraph (1) of this |
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1 | | subsection (b), any recording which is flagged due to the |
2 | | filing of a complaint, discharge of a firearm, use of |
3 | | force, arrest or detention, or resulting death or bodily |
4 | | harm shall be disclosed in accordance with the Freedom of |
5 | | Information Act; and |
6 | | (3) upon request, the law enforcement agency shall |
7 | | disclose, in accordance with the Freedom of Information |
8 | | Act, the recording to the subject of the encounter captured |
9 | | on the recording or to the subject's attorney, or the |
10 | | officer or his or her legal representative. |
11 | | For the purposes of paragraph (1) of this subsection (b), |
12 | | the subject of the encounter does not have a reasonable |
13 | | expectation of privacy if the subject was arrested as a result |
14 | | of the encounter. For purposes of subparagraph (A) of paragraph |
15 | | (1) of this subsection (b), "witness" does not include a person |
16 | | who is a victim or who was arrested as a result of the |
17 | | encounter.
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18 | | Only recordings or portions of recordings responsive to the |
19 | | request shall be available for inspection or reproduction. Any |
20 | | recording disclosed under the Freedom of Information Act shall |
21 | | be redacted to remove identification of any person that appears |
22 | | on the recording and is not the officer, a subject of the |
23 | | encounter, or directly involved in the encounter , and all law |
24 | | enforcement officer identifiers if the recordings are made |
25 | | available from any law enforcement or government agency to the |
26 | | media or public unless that law enforcement officer has been |
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1 | | criminally charged relative to the recorded incident . Nothing |
2 | | in this subsection (b) shall require the disclosure of any |
3 | | recording or portion of any recording which would be exempt |
4 | | from disclosure under the Freedom of Information Act. |
5 | | (c) Nothing in this Section shall limit access to a camera |
6 | | recording for the purposes of complying with Supreme Court |
7 | | rules or the rules of evidence.
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8 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.) |
9 | | (50 ILCS 706/10-40 new) |
10 | | Sec. 10-40. Penalties. If any law enforcement or government |
11 | | agency fails to follow the requirements of this Act, the agency |
12 | | is liable for a penalty of $100 per day to the affected |
13 | | individual. The individual and that individual's labor |
14 | | organization has the right to file suit against that law |
15 | | enforcement agency to require the agency to comply with the |
16 | | terms of this Act. The law enforcement or government agency |
17 | | shall pay the attorney's fees of an individual or labor |
18 | | organization who is successful in suing to enforce the terms of |
19 | | this Act.
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