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1 | AN ACT concerning law enforcement.
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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 Freedom of Information Act is amended by | ||||||||||||||||||||||||||||||||||||||
5 | changing Section 7.5 as follows: | ||||||||||||||||||||||||||||||||||||||
6 | (5 ILCS 140/7.5) | ||||||||||||||||||||||||||||||||||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||||||||||||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be exempt | ||||||||||||||||||||||||||||||||||||||
9 | from inspection and copying: | ||||||||||||||||||||||||||||||||||||||
10 | (a) All information determined to be confidential | ||||||||||||||||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | ||||||||||||||||||||||||||||||||||||||
12 | Development Act. | ||||||||||||||||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | ||||||||||||||||||||||||||||||||||||||
14 | library users with specific materials under the Library | ||||||||||||||||||||||||||||||||||||||
15 | Records Confidentiality Act. | ||||||||||||||||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | ||||||||||||||||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | ||||||||||||||||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other records | ||||||||||||||||||||||||||||||||||||||
19 | prepared by the Experimental Organ Transplantation | ||||||||||||||||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | ||||||||||||||||||||||||||||||||||||||
21 | has received. | ||||||||||||||||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | ||||||||||||||||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone Safety | ||||||
26 | Act. |
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1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
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1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability and Portability Act of 1996, Public Law | ||||||
22 | 104-191, or any subsequent amendments thereto, and any | ||||||
23 | regulations promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) (bb) Recordings made with an officer-worn body | ||||||
7 | camera under the Law Enforcement Officer-Worn Body Camera | ||||||
8 | and In-Car Camera Act, except to the extent authorized | ||||||
9 | under that Act. | ||||||
10 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
11 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
12 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
13 | revised 10-14-15.) | ||||||
14 | Section 10. The State Police Act is amended by changing | ||||||
15 | Section 35 as follows: | ||||||
16 | (20 ILCS 2610/35) | ||||||
17 | Sec. 35. Officer-worn body cameras; policy; training. | ||||||
18 | (a) For the purposes of this Section, "officer-worn body | ||||||
19 | camera" shall have the same meaning as defined in Section 10 of | ||||||
20 | the Law Enforcement Officer-Worn Body Camera and In-Car Camera | ||||||
21 | Act. | ||||||
22 | (b) If the Department employs the use of officer-worn body | ||||||
23 | cameras, the Department shall develop a written policy which | ||||||
24 | must include, at a minimum, the guidelines established by the |
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1 | Law Enforcement Officer-Worn Body Camera and In-Car Camera Act. | ||||||
2 | (c) The Department shall provide training to those officers | ||||||
3 | who utilize officer-worn body cameras.
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4 | (Source: P.A. 99-352, eff. 1-1-16 .) | ||||||
5 | Section 15. The Law Enforcement Officer-Worn Body Camera | ||||||
6 | Act is amended by changing Sections 10-1, 10-5, 10-10, 10-15, | ||||||
7 | and 10-20 and by adding Section 10-17 as follows: | ||||||
8 | (50 ILCS 706/10-1)
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9 | Sec. 10-1. Short title. This Act may be cited as the Law | ||||||
10 | Enforcement Officer-Worn Body Camera and In-Car Camera Act. | ||||||
11 | References in this Article to "this Act" mean this Article.
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12 | (Source: P.A. 99-352, eff. 1-1-16 .) | ||||||
13 | (50 ILCS 706/10-5)
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14 | Sec. 10-5. Purpose.
The General Assembly recognizes that | ||||||
15 | trust and mutual respect between law enforcement agencies and | ||||||
16 | the communities they protect and serve are essential to | ||||||
17 | effective policing and the integrity of our criminal justice | ||||||
18 | system. The General Assembly recognizes that officer-worn body | ||||||
19 | cameras and in-car cameras have developed as a technology that | ||||||
20 | has been used and experimented with by police departments. | ||||||
21 | Officer-worn body cameras and in-car cameras will provide | ||||||
22 | state-of-the-art evidence collection and additional | ||||||
23 | opportunities for training and instruction. Further, |
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1 | officer-worn body cameras and in-car cameras may provide | ||||||
2 | impartial evidence and documentation to settle disputes and | ||||||
3 | allegations of officer misconduct. Ultimately, the uses of | ||||||
4 | officer-worn body cameras and in-car cameras will help collect | ||||||
5 | evidence while improving transparency and accountability, and | ||||||
6 | strengthening public trust. The General Assembly mandates the | ||||||
7 | use of in-car cameras and in-car camera recording equipment in | ||||||
8 | all law enforcement motor vehicles to ensure that this | ||||||
9 | technology is used in furtherance of these goals while | ||||||
10 | protecting individual privacy and providing consistency in its | ||||||
11 | use across this State. The General Assembly creates these | ||||||
12 | standardized protocols and procedures for the use of | ||||||
13 | officer-worn body cameras to ensure that this technology is | ||||||
14 | used in furtherance of these goals while protecting individual | ||||||
15 | privacy and providing consistency in its use across this State.
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16 | (Source: P.A. 99-352, eff. 1-1-16 .) | ||||||
17 | (50 ILCS 706/10-10)
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18 | Sec. 10-10. Definitions. As used in is this Act: | ||||||
19 | "Badge" means an officer's department issued | ||||||
20 | identification number associated with his or her position as a | ||||||
21 | police officer with that department. | ||||||
22 | "Board" means the Illinois Law Enforcement Training | ||||||
23 | Standards Board created by the Illinois Police Training Act. | ||||||
24 | "Business offense" means a petty offense for which the fine | ||||||
25 | is in excess of $1,000. |
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1 | "Community caretaking function" means a task undertaken by | ||||||
2 | a law enforcement officer in which the officer is performing an | ||||||
3 | articulable act unrelated to the investigation of a crime. | ||||||
4 | "Community caretaking function" includes, but is not limited | ||||||
5 | to, participating in town halls or other community outreach, | ||||||
6 | helping a child find his or her parents, providing death | ||||||
7 | notifications, and performing in-home or hospital well-being | ||||||
8 | checks on the sick, elderly, or persons presumed missing. | ||||||
9 | "Fund" means the Law Enforcement Camera Grant Fund.
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10 | "In-car camera" means a video camera located in a law | ||||||
11 | enforcement vehicle. | ||||||
12 | "In-car camera recording equipment" means a video camera | ||||||
13 | recording system located in a law enforcement vehicle | ||||||
14 | consisting of a camera assembly, recording mechanism, and an | ||||||
15 | in-car video recording medium. | ||||||
16 | "In uniform" means a law enforcement officer who is wearing | ||||||
17 | any officially authorized uniform designated by a law | ||||||
18 | enforcement agency, or a law enforcement officer who is visibly | ||||||
19 | wearing articles of clothing, a badge, tactical gear, gun belt, | ||||||
20 | a patch, or other insignia that he or she is a law enforcement | ||||||
21 | officer acting in the course of his or her duties. | ||||||
22 | "Law enforcement officer" or "officer" means any person | ||||||
23 | employed by a State, county, municipality, special district, | ||||||
24 | college, unit of government, or any other entity authorized by | ||||||
25 | law to employ peace officers or exercise police authority and | ||||||
26 | who is primarily responsible for the prevention or detection of |
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1 | crime and the enforcement of the laws of this State. | ||||||
2 | "Law enforcement agency" means all State agencies with law | ||||||
3 | enforcement officers, county sheriff's offices, municipal, | ||||||
4 | special district, college, or unit of local government police | ||||||
5 | departments. | ||||||
6 | "Law enforcement-related encounters or activities" | ||||||
7 | include, but are not limited to, traffic stops, pedestrian | ||||||
8 | stops, arrests, searches, interrogations, investigations, | ||||||
9 | pursuits, crowd control, traffic control, non-community | ||||||
10 | caretaking interactions with an individual while on patrol, or | ||||||
11 | any other instance in which the officer is enforcing the laws | ||||||
12 | of the municipality, county, or State. "Law | ||||||
13 | enforcement-related encounter or activities" does not include | ||||||
14 | when the officer is completing paperwork alone or only in the | ||||||
15 | presence of another law enforcement officer. | ||||||
16 | "Minor traffic offense" means a petty offense, business | ||||||
17 | offense, or Class C misdemeanor under the Illinois Vehicle Code | ||||||
18 | or a similar provision of a municipal or local ordinance. | ||||||
19 | "Officer-worn body camera" means an electronic camera | ||||||
20 | system for creating, generating, sending, receiving, storing, | ||||||
21 | displaying, and processing audiovisual recordings that may be | ||||||
22 | worn about the person of a law enforcement officer. | ||||||
23 | "Peace officer" has the meaning provided in Section 2-13 of | ||||||
24 | the Criminal Code of 2012. | ||||||
25 | "Petty offense" means any offense for which a sentence of | ||||||
26 | imprisonment is not an authorized disposition. |
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1 | "Recording" means the process of capturing data or | ||||||
2 | information stored on a recording medium as required under this | ||||||
3 | Act.
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4 | "Recording medium" means any recording medium authorized | ||||||
5 | by the Board for the retention and playback of recorded audio | ||||||
6 | and video including, but not limited to, VHS, DVD, hard drive, | ||||||
7 | cloud storage, solid state, digital, flash memory technology, | ||||||
8 | or any other electronic medium.
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9 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.) | ||||||
10 | (50 ILCS 706/10-15)
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11 | Sec. 10-15. Applicability. | ||||||
12 | (a) Any law enforcement agency which employs the use of | ||||||
13 | officer-worn body cameras is subject to the provisions of this | ||||||
14 | Act, whether or not the agency receives or has received monies | ||||||
15 | from the Law Enforcement Camera Grant Fund. | ||||||
16 | (b) Any law enforcement agency which owns or operates motor | ||||||
17 | vehicles is subject to the provisions of this Act with respect | ||||||
18 | to in-car cameras and in-car camera recording equipment, | ||||||
19 | whether or not the agency receives or has received monies from | ||||||
20 | the Law Enforcement Camera Grant Fund.
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21 | (Source: P.A. 99-352, eff. 1-1-16 .) | ||||||
22 | (50 ILCS 706/10-17 new) | ||||||
23 | Sec. 10-17. In-car camera requirements. | ||||||
24 | (a) On or before 180 days after the effective date of this |
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1 | amendatory Act of the 99th General Assembly, each law | ||||||
2 | enforcement agency in this State shall equip every motor | ||||||
3 | vehicle, including unmarked, tactical, and surveillance motor | ||||||
4 | vehicles, owned or operated by the agency with an in-car camera | ||||||
5 | and in-car camera recording equipment with both audio and video | ||||||
6 | recording capability, whether or not the agency receives or has | ||||||
7 | received monies from the Law Enforcement Camera Grant Fund. The | ||||||
8 | following requirements apply to in-car cameras and in-car | ||||||
9 | camera recording equipment: | ||||||
10 | (1) the video recording must provide audio of the | ||||||
11 | officer
when the officer is outside of the vehicle; | ||||||
12 | (2) access to an in-car camera and in-car camera | ||||||
13 | recording equipment must be restricted to the
supervisors of | ||||||
14 | the officer in the vehicle; | ||||||
15 | (3) the camera and in-car camera recording equipment | ||||||
16 | must be turned on continuously throughout
the officer's shift; | ||||||
17 | and | ||||||
18 | (4) a copy of the video record must be made available
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19 | upon request to personnel of the law enforcement agency, the | ||||||
20 | local State's Attorney, and any persons depicted in the video. | ||||||
21 | (b) Procedures for distribution of the video record of an | ||||||
22 | in-car camera and in-car camera recording equipment must | ||||||
23 | include safeguards to protect the identities of persons who are | ||||||
24 | not a party to the requested stop. | ||||||
25 | (50 ILCS 706/10-20)
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1 | Sec. 10-20. Officer-worn body camera requirements | ||||||
2 | Requirements . | ||||||
3 | (a) The Board shall develop basic guidelines for the use of | ||||||
4 | officer-worn body cameras by law enforcement agencies. The | ||||||
5 | guidelines developed by the Board shall be the basis for the | ||||||
6 | written policy which must be adopted by each law enforcement | ||||||
7 | agency which employs the use of officer-worn body cameras. The | ||||||
8 | written policy adopted by the law enforcement agency must | ||||||
9 | include, at a minimum, all of the following: | ||||||
10 | (1) Cameras must be equipped with pre-event recording, | ||||||
11 | capable of recording at least the 30 seconds prior to | ||||||
12 | camera activation, unless the officer-worn body camera was | ||||||
13 | purchased and acquired by the law enforcement agency prior | ||||||
14 | to July 1, 2015. | ||||||
15 | (2) Cameras must be capable of recording for a period | ||||||
16 | of 10 hours or more, unless the officer-worn body camera | ||||||
17 | was purchased and acquired by the law enforcement agency | ||||||
18 | prior to July 1, 2015. | ||||||
19 | (3) Cameras must be turned on at all times when the | ||||||
20 | officer is in uniform and is responding to calls for | ||||||
21 | service or engaged in any law enforcement-related | ||||||
22 | encounter or activity, that occurs while the officer is on | ||||||
23 | duty on-duty . | ||||||
24 | (A) If exigent circumstances exist which prevent | ||||||
25 | the camera from being turned on, the camera must be | ||||||
26 | turned on as soon as practicable. |
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1 | (B) Officer-worn body cameras may be turned off | ||||||
2 | when the officer is inside of a patrol car which is | ||||||
3 | equipped with a functioning in-car camera; however, | ||||||
4 | the officer must turn on the camera upon exiting the | ||||||
5 | patrol vehicle for law enforcement-related encounters. | ||||||
6 | (4) Cameras must be turned off when:
| ||||||
7 | (A) the victim of a crime requests that the camera | ||||||
8 | be turned off, and unless impractical or impossible, | ||||||
9 | that request is made on the recording; | ||||||
10 | (B) a witness of a crime or a community member who | ||||||
11 | wishes to report a crime requests that the camera be | ||||||
12 | turned off, and unless impractical or impossible that | ||||||
13 | request is made on the recording; or
| ||||||
14 | (C) the officer is interacting with a confidential | ||||||
15 | informant used by the law enforcement agency. | ||||||
16 | However, an officer may continue to record or resume | ||||||
17 | recording a victim or a witness, if exigent circumstances | ||||||
18 | exist, or if the officer has reasonable articulable | ||||||
19 | suspicion that a victim or witness, or confidential | ||||||
20 | informant has committed or is in the process of committing | ||||||
21 | a crime. Under these circumstances, and unless impractical | ||||||
22 | or impossible, the officer must indicate on the recording | ||||||
23 | the reason for continuing to record despite the request of | ||||||
24 | the victim or witness. | ||||||
25 | (4.5) Cameras may be turned off when the officer is | ||||||
26 | engaged in community caretaking functions. However, the |
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1 | camera must be turned on when the officer has reason to | ||||||
2 | believe that the person on whose behalf the officer is | ||||||
3 | performing a community caretaking function has committed | ||||||
4 | or is in the process of committing a crime. If exigent | ||||||
5 | circumstances exist which prevent the camera from being | ||||||
6 | turned on, the camera must be turned on as soon as | ||||||
7 | practicable. | ||||||
8 | (5) The officer must provide notice of recording to any | ||||||
9 | person if the person has a reasonable expectation of | ||||||
10 | privacy and proof of notice must be evident in the | ||||||
11 | recording.
If exigent circumstances exist which prevent | ||||||
12 | the officer from providing notice, notice must be provided | ||||||
13 | as soon as practicable. | ||||||
14 | (6) For the purposes of redaction, labeling, or | ||||||
15 | duplicating recordings, access to camera recordings shall | ||||||
16 | be restricted to only those personnel responsible for those | ||||||
17 | purposes. The recording officer and his or her supervisor | ||||||
18 | may access and review recordings prior to completing | ||||||
19 | incident reports or other documentation, provided that the | ||||||
20 | officer or his or her supervisor discloses that fact in the | ||||||
21 | report or documentation. | ||||||
22 | (7) Recordings made on officer-worn cameras must be | ||||||
23 | retained by the law enforcement agency or by the camera | ||||||
24 | vendor used by the agency, on a recording medium for a | ||||||
25 | period of 90 days. | ||||||
26 | (A) Under no circumstances shall any recording |
| |||||||
| |||||||
1 | made with an officer-worn body camera be altered, | ||||||
2 | erased, or destroyed prior to the expiration of the | ||||||
3 | 90-day storage period.
| ||||||
4 | (B) Following the 90-day storage period, any and | ||||||
5 | all recordings made with an officer-worn body camera | ||||||
6 | must be destroyed, unless any encounter captured on the | ||||||
7 | recording has been flagged. An encounter is deemed to | ||||||
8 | be flagged when:
| ||||||
9 | (i) a formal or informal complaint has been | ||||||
10 | filed; | ||||||
11 | (ii) the officer discharged his or her firearm | ||||||
12 | or used force during the encounter;
| ||||||
13 | (iii) death or great bodily harm occurred to | ||||||
14 | any person in the recording;
| ||||||
15 | (iv) the encounter resulted in a detention or | ||||||
16 | an arrest, excluding traffic stops which resulted | ||||||
17 | in only a minor traffic offense or business | ||||||
18 | offense; | ||||||
19 | (v) the officer is the subject of an internal | ||||||
20 | investigation or otherwise being investigated for | ||||||
21 | possible misconduct;
| ||||||
22 | (vi) the supervisor of the officer, | ||||||
23 | prosecutor, defendant, or court determines that | ||||||
24 | the encounter has evidentiary value in a criminal | ||||||
25 | prosecution; or | ||||||
26 | (vii) the recording officer requests that the |
| |||||||
| |||||||
1 | video be flagged for official purposes related to | ||||||
2 | his or her official duties. | ||||||
3 | (C) Under no circumstances shall any recording | ||||||
4 | made with an officer-worn body camera relating to a | ||||||
5 | flagged encounter be altered or destroyed prior to 2 | ||||||
6 | years after the recording was flagged. If the flagged | ||||||
7 | recording was used in a criminal, civil, or | ||||||
8 | administrative proceeding, the recording shall not be | ||||||
9 | destroyed except upon a final disposition and order | ||||||
10 | from the court. | ||||||
11 | (8) Following the 90-day storage period, recordings | ||||||
12 | may be retained if a supervisor at the law enforcement | ||||||
13 | agency designates the recording for training purposes. If | ||||||
14 | the recording is designated for training purposes, the | ||||||
15 | recordings may be viewed by officers, in the presence of a | ||||||
16 | supervisor or training instructor, for the purposes of | ||||||
17 | instruction, training, or ensuring compliance with agency | ||||||
18 | policies.
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19 | (9) Recordings shall not be used to discipline law | ||||||
20 | enforcement officers unless: | ||||||
21 | (A) a formal or informal complaint of misconduct | ||||||
22 | has been made; | ||||||
23 | (B) a use of force incident has occurred; | ||||||
24 | (C) the encounter on the recording could result in | ||||||
25 | a formal investigation under the Uniform Peace | ||||||
26 | Officers' Disciplinary Act; or |
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1 | (D) as corroboration of other evidence of | ||||||
2 | misconduct. | ||||||
3 | Nothing in this paragraph (9) shall be construed to | ||||||
4 | limit or prohibit a law enforcement officer from being | ||||||
5 | subject to an action that does not amount to discipline. | ||||||
6 | (10) The law enforcement agency shall ensure proper | ||||||
7 | care and maintenance of officer-worn body cameras. Upon | ||||||
8 | becoming aware, officers must as soon as practical document | ||||||
9 | and notify the appropriate supervisor of any technical | ||||||
10 | difficulties, failures, or problems with the officer-worn | ||||||
11 | body camera or associated equipment. Upon receiving | ||||||
12 | notice, the appropriate supervisor shall make every | ||||||
13 | reasonable effort to correct and repair any of the | ||||||
14 | officer-worn body camera equipment. | ||||||
15 | (11) No officer may hinder or prohibit any person, not | ||||||
16 | a law enforcement officer, from recording a law enforcement | ||||||
17 | officer in the performance of his or her duties in a public | ||||||
18 | place or when the officer has no reasonable expectation of | ||||||
19 | privacy.
The law enforcement agency's written policy shall | ||||||
20 | indicate the potential criminal penalties, as well as any | ||||||
21 | departmental discipline, which may result from unlawful | ||||||
22 | confiscation or destruction of the recording medium of a | ||||||
23 | person who is not a law enforcement officer. However, an | ||||||
24 | officer may take reasonable action to maintain safety and | ||||||
25 | control, secure crime scenes and accident sites, protect | ||||||
26 | the integrity and confidentiality of investigations, and |
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1 | protect the public safety and order. | ||||||
2 | (b) Recordings made with the use of an officer-worn body | ||||||
3 | camera are not subject to disclosure under the Freedom of | ||||||
4 | Information Act, except that: | ||||||
5 | (1) if the subject of the encounter has a reasonable | ||||||
6 | expectation of privacy, at the time of the recording, any | ||||||
7 | recording which is flagged, due to the filing of a | ||||||
8 | complaint, discharge of a firearm, use of force, arrest or | ||||||
9 | detention, or resulting death or bodily harm, shall be | ||||||
10 | disclosed in accordance with the Freedom of Information Act | ||||||
11 | if: | ||||||
12 | (A) the subject of the encounter captured on the | ||||||
13 | recording is a victim or witness; and | ||||||
14 | (B) the law enforcement agency obtains written | ||||||
15 | permission of the subject or the subject's legal | ||||||
16 | representative; | ||||||
17 | (2) except as provided in paragraph (1) of this | ||||||
18 | subsection (b), any recording which is flagged due to the | ||||||
19 | filing of a complaint, discharge of a firearm, use of | ||||||
20 | force, arrest or detention, or resulting death or bodily | ||||||
21 | harm shall be disclosed in accordance with the Freedom of | ||||||
22 | Information Act; and | ||||||
23 | (3) upon request, the law enforcement agency shall | ||||||
24 | disclose, in accordance with the Freedom of Information | ||||||
25 | Act, the recording to the subject of the encounter captured | ||||||
26 | on the recording or to the subject's attorney, or the |
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1 | officer or his or her legal representative. | ||||||
2 | For the purposes of paragraph (1) of this subsection (b), | ||||||
3 | the subject of the encounter does not have a reasonable | ||||||
4 | expectation of privacy if the subject was arrested as a result | ||||||
5 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
6 | (1) of this subsection (b), "witness" does not include a person | ||||||
7 | who is a victim or who was arrested as a result of the | ||||||
8 | encounter.
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9 | Only recordings or portions of recordings responsive to the | ||||||
10 | request shall be available for inspection or reproduction. Any | ||||||
11 | recording disclosed under the Freedom of Information Act shall | ||||||
12 | be redacted to remove identification of any person that appears | ||||||
13 | on the recording and is not the officer, a subject of the | ||||||
14 | encounter, or directly involved in the encounter. Nothing in | ||||||
15 | this subsection (b) shall require the disclosure of any | ||||||
16 | recording or portion of any recording which would be exempt | ||||||
17 | from disclosure under the Freedom of Information Act. | ||||||
18 | (c) Nothing in this Section shall limit access to a camera | ||||||
19 | recording for the purposes of complying with Supreme Court | ||||||
20 | rules or the rules of evidence.
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21 | (Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|