SB0710 99TH GENERAL ASSEMBLY

LRB099 03813 MRW 23826 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0710

Introduced 2/3/2015, by Sen. Tim Bivins

SYNOPSIS AS INTRODUCED:

50 ILCS 707/10
50 ILCS 707/15 new

Amends the Law Enforcement Camera Grant Act. Allows grants to be used to purchase and support use of video cameras for law enforcement (rather than installing) and for training officers (rather than training for operation of cameras). Replaces all references to "videotape" and "tapes" with "video records" and "video recording". Makes changes concerning the use of cameras and training for law enforcement officers. Eliminates provisions concerning applications for grant money and expired transfers of funds by the State Treasurer. Removes authority for the transfer of $1,000,000 from the Law Enforcement Camera Grant Fund to the Traffic and Criminal Conviction Surcharge Fund on June 1, 2015, or as soon thereafter as practical. Provides notwithstanding any other provision of law, moneys in the Law Enforcement Camera Grant Fund may not be appropriated, assigned, or transferred to another State fund. Provides the change on the June 1, 2015 transfer and the prohibition on appropriation, assignment, or transfer of funds from the Law Enforcement Camera Grant Fund to another State fund are effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Law Enforcement Camera Grant Act is amended by changing Section 10 and by adding Section 15 as follows:

(50 ILCS 707/10)

Sec. 10. Law Enforcement Camera Grant Fund; creation, rules.

(a) The Law Enforcement Camera Grant Fund is created as a special fund in the State treasury. From appropriations to the Board from the Fund, the Board must make grants to units of local government in Illinois for the purpose of purchasing and using video cameras by law enforcement and for the purpose of installing video cameras in law enforcement vehicles and training for law enforcement officers in the operation of the cameras.

Moneys received for the purposes of this Section, including, without limitation, fee receipts and gifts, grants, and awards from any public or private entity, must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund.

(b) The Board may set requirements for the distribution of grant moneys and determine which law enforcement agencies are eligible.

(c) The Board shall develop model rules to be adopted by law enforcement agencies that receive grants under this Section. The rules shall include the following requirements:

(1) Cameras must be used for installed in the law enforcement purposes vehicles.

(2) Video recording Videotaping must provide audio of the officer when the officer is outside of the vehicle.

(3) Camera access must be restricted to the supervisors of the recorded officer in the vehicle.

(4) Cameras must be turned on when the officer is engaged with a member of the public continuously throughout the officer's shift.

(5) A copy of the video record videotape must be made available upon request to personnel of the law enforcement agency, the local State's Attorney, and any persons depicted in the video. Procedures for distribution of the video record videotape must include safeguards to protect the identities of individuals who are not a party to the requested stop.

(6) Law enforcement agencies that receive moneys under this grant shall provide for storage of the video records tapes for a period of not less than 2 years.

(d) Any law enforcement agency receiving moneys under this Section must provide an annual report to the Board, the Governor, and the General Assembly, which will be due on May 1 of the year following the receipt of the grant and each May 1 thereafter during the period of the grant. The report shall include (i) the number of cameras received by the law enforcement agency, (ii) the number of cameras actually in use installed in law enforcement vehicles, (iii) a brief description of the review process used by supervisors within the law enforcement agency, (iv) a list of any criminal, traffic, ordinance, and civil cases where video recordings were used, including party names, case numbers, offenses charged, and disposition of the matter, (this item applies, but is not limited to, court proceedings, coroner's inquests, grand jury proceedings, and plea bargains), and (v) any other information relevant to the administration of the program.

(e) (Blank). No applications for grant money under this Section shall be accepted before January 1, 2007 or after January 1, 2011.

(f) (Blank). Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2012 only, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer any funds in excess of $1,000,000 held in the Law Enforcement Camera Grant Fund to the State Police Operations Assistance Fund.

(g) (Blank). Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2013 only, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the Law Enforcement Camera Grant Fund to the Traffic and Criminal Conviction Surcharge Fund.

(h) (Blank). Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the Law Enforcement Camera Grant Fund to the Traffic and Criminal Conviction Surcharge Fund according to the schedule specified as follows: one-half of the specified amount shall be transferred on July 1, 2014, or as soon thereafter as practical, and one-half of the specified amount shall be transferred on June 1, 2015, or as soon thereafter as practical.

(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff. 6-30-14.)

(50 ILCS 707/15 new)

Sec. 15. No fund sweep. Notwithstanding any other provision of law, moneys in the Law Enforcement Camera Grant Fund may not be appropriated, assigned, or transferred to another State fund.

Section 99. Effective date. This Section and the changes in subsection (h) of Section 10 of the Law Enforcement Camera Grant Act and the changes in Section 15 of the Law Enforcement Camera Grant Act take effect upon becoming law.