Illinois General Assembly - Bill Status for SB3439

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately.

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