Bill Text: IL HB2737 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly fails to turn on an officer-worn body camera or turns off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency. Provides that a violation is a Class 3 felony and forfeiture of employment. Defines "officer-worn body camera".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2737 Detail]

Download: Illinois-2017-HB2737-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2737 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
720 ILCS 5/33-3 from Ch. 38, par. 33-3
Amends the Criminal Code of 2012. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly fails to turn on an officer-worn body camera or turns off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency. Provides that a violation is a Class 3 felony and forfeiture of employment. Defines "officer-worn body camera".
LRB100 10706 RLC 20933 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB2737 LRB100 10706 RLC 20933 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 33-3 as follows:
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any
mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly fails to turn on an

HB2737 - 2 - LRB100 10706 RLC 20933 b
officer-worn body camera or turns off an officer-worn body
camera when there is a reasonable opportunity to act in a
manner that is consistent with the officer-worn body camera
policy of the respective law enforcement agency or when he or
she knowingly uses or communicates, directly or indirectly,
information acquired in the course of employment, with the
intent to obstruct, impede, or prevent the investigation,
apprehension, or prosecution of any criminal offense or person.
Nothing in this subsection (b) shall be construed to impose
liability for communicating to a confidential resource, who is
participating or aiding law enforcement, in an ongoing
investigation.
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) For purposes of this Section:
"Officer-worn body camera" has the meaning ascribed to
it in Section 10-10 of the Law Enforcement Officer-Worn
Body Camera Act.
"Special , "special government agent" has the meaning
ascribed to it in subsection (l) of Section 4A-101 of the
Illinois Governmental Ethics Act.
(Source: P.A. 98-867, eff. 1-1-15.)