103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4050
 
Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. 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. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and 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 the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Amends the Law Enforcement Camera Grant Act. 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. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension
or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony.



LRB103 31718 AWJ 60299 b


 
 
A BILL FOR
 


HB4050LRB103 31718 AWJ 60299 b



1 AN ACT concerning government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows: 



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt 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 
19 records 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 
21 local emergency energy plan ordinance that is adopted 
22 under 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 carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings or portions of recordings made under 
13 the Law Enforcement Officer-Worn Body Camera Act, except 
14 to the extent authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) Information that is prohibited from disclosure 
2 by the Illinois Police Training Act and the Illinois State 
3 Police Act. 
4  (ccc) Records exempt from disclosure under Section

5 2605-304 of the Illinois State Police Law of the Civil

6 Administrative Code of Illinois. 
7  (ddd) Information prohibited from being disclosed 
8 under Section 35 of the Address Confidentiality for 
9 Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) Information prohibited from being disclosed 
12 under subsection (b) of Section 75 of the Domestic 
13 Violence Fatality Review Act. 
14  (fff) Images from cameras under the Expressway Camera 
15 Act. This subsection (fff) is inoperative on and after 
16 July 1, 2023. 
17  (ggg) Information prohibited from disclosure under 
18 paragraph (3) of subsection (a) of Section 14 of the Nurse 
19 Agency Licensing Act. 
20  (hhh) Information submitted to the Illinois Department 
21 of State Police in an affidavit or application for an 
22 assault weapon endorsement, assault weapon attachment 
23 endorsement, .50 caliber rifle endorsement, or .50 caliber 
24 cartridge endorsement under the Firearm Owners 
25 Identification Card Act. 
26(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
 
 
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1101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
21-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
3eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
4101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
51-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
6eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 
87-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised 
92-13-23.)

10 Section 10. The Law Enforcement Officer-Worn Body Camera 
11Act is amended by changing Sections 10-10, 10-15, and 10-20 as 
12follows:

13 (50 ILCS 706/10-10)

14 Sec. 10-10. Definitions. As used in this Act:
15 "Badge" means an officer's department issued 
16identification number associated with his or her position as a 
17police officer with that department.
18 "Board" means the Illinois Law Enforcement Training 
19Standards Board created by the Illinois Police Training Act.
20 "Business offense" means a petty offense for which the 
21fine is in excess of $1,000.
22 "Community caretaking function" means a task undertaken by 
23a law enforcement officer in which the officer is performing 
24an articulable act unrelated to the investigation of a crime. 
 
 
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1"Community caretaking function" includes, but is not limited 
2to, participating in town halls or other community outreach, 
3helping a child find his or her parents, providing death 
4notifications, and performing in-home or hospital well-being 
5checks on the sick, elderly, or persons presumed missing. 
6"Community caretaking function" excludes law 
7enforcement-related encounters or activities. 
8 "Fund" means the Law Enforcement Camera Grant Fund.

9 "In uniform" means a law enforcement officer who is 
10wearing any officially authorized uniform designated by a law 
11enforcement agency, or a law enforcement officer who is 
12visibly wearing articles of clothing, a badge, tactical gear, 
13gun belt, a patch, or other insignia that he or she is a law 
14enforcement officer acting in the course of his or her duties. 
15A law enforcement officer is "in uniform" only when primarily 
16assigned to respond to law enforcement-related encounters or 
17activities and is not "in uniform" when primarily assigned to 
18other law enforcement duties that are not law 
19enforcement-related encounters or activities. 
20 "Law enforcement officer" or "officer" means any person 
21employed by a State, county, municipality, special district, 
22college, unit of government, or any other entity authorized by 
23law to employ peace officers or exercise police authority and 
24who is primarily responsible for the prevention or detection 
25of crime and the enforcement of the laws of this State.
26 "Law enforcement agency" means all State agencies with law 
 
 
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1enforcement officers, county sheriff's offices, municipal, 
2special district, college, or unit of local government police 
3departments.
4 "Law enforcement-related encounters or activities" 
5include, but are not limited to, traffic stops, pedestrian 
6stops, arrests, searches, interrogations, investigations, 
7pursuits, crowd control, traffic control, non-community 
8caretaking interactions with an individual while on patrol, or 
9any other instance in which the officer is enforcing the laws 
10of the municipality, county, or State. "Law 
11enforcement-related encounter or activities" does not include 
12when the officer is completing paperwork alone, is 
13participating in training in a classroom setting, or is only 
14in the presence of another law enforcement officer.
15 "Minor traffic offense" means a petty offense, business 
16offense, or Class C misdemeanor under the Illinois Vehicle 
17Code or a similar provision of a municipal or local ordinance.
18 "No expectation of privacy" means when a person is in a 
19publicly accessible area or when a person is engaging with law 
20enforcement officers during the scope of an officer's official 
21duties, even when the engagement is in a private residence 
22when officers are lawfully present in the residence during the 
23course of official duties. 
24 "Officer-worn body camera" means an electronic camera 
25system for creating, generating, sending, receiving, storing, 
26displaying, and processing audiovisual recordings that may be 
 
 
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1worn about the person of a law enforcement officer.
2 "Peace officer" has the meaning provided in Section 2-13 
3of the Criminal Code of 2012.
4 "Petty offense" means any offense for which a sentence of 
5imprisonment is not an authorized disposition.
6 "Recording" means the process of capturing data or 
7information stored on a recording medium as required under 
8this Act.

9 "Recording medium" means any recording medium authorized 
10by the Board for the retention and playback of recorded audio 
11and video including, but not limited to, VHS, DVD, hard drive, 
12cloud storage, solid state, digital, flash memory technology, 
13or any other electronic medium.

14(Source: P.A. 102-1104, eff. 12-6-22.)

15 (50 ILCS 706/10-15)
16 Sec. 10-15. Applicability. 
17 (a) All law enforcement agencies must employ the use of 
18officer-worn body cameras in accordance with the provisions of 
19this Act, whether or not the agency receives or has received 
20monies from the Law Enforcement Camera Grant Fund.


21 (b) Except as provided in subsection (b-5), all law 
22enforcement agencies must implement the use of body cameras 
23for all law enforcement officers, according to the following 
24schedule:
25  (1) for municipalities and counties with populations 
 
 
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1 of 500,000 or more, body cameras shall be implemented by 
2 January 1, 2022;
3  (2) for municipalities and counties with populations 
4 of 100,000 or more but under 500,000, body cameras shall 
5 be implemented by January 1, 2023;
6  (3) for municipalities and counties with populations 
7 of 50,000 or more but under 100,000, body cameras shall be 
8 implemented by January 1, 2024;
9  (4) for municipalities and counties under 50,000, body 
10 cameras shall be implemented by January 1, 2025; and
11  (5) for all State agencies with law enforcement 
12 officers and other remaining law enforcement agencies, 
13 body cameras shall be implemented by January 1, 2025. 
14 (b-5) If a law enforcement agency that serves a 
15municipality with a population of at least 100,000 but not 
16more than 500,000 or a law enforcement agency that serves a 
17county with a population of at least 100,000 but not more than 
18500,000 has ordered by October 1, 2022 or purchased by that 
19date officer-worn body cameras for use by the law enforcement 
20agency, then the law enforcement agency may implement the use 
21of body cameras for all of its law enforcement officers by no 
22later than July 1, 2023. Records of purchase within this 
23timeline shall be submitted to the Illinois Law Enforcement 
24Training Standards Board by January 1, 2023. 
25 (c) A law enforcement agency's compliance with the 
26requirements under this Section shall receive preference by 
 
 
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1the Illinois Law Enforcement Training Standards Board in 
2awarding grant funding under the Law Enforcement Camera Grant 
3Act. 
4 (d) This Section does not apply to court security 
5officers, school resource officers, undercover or covert 
6officers, officers that are employed in an administrative 
7capacity, State's Attorney investigators, and Attorney General 
8investigators. However, this Section applies to undercover or 
9covert officers when conducting interviews. 
10(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
11102-1104, eff. 12-6-22.)

12 (50 ILCS 706/10-20)
13 Sec. 10-20. Requirements. 
14 (a) The Board shall develop basic guidelines for the use 
15of officer-worn body cameras by law enforcement agencies. The 
16guidelines developed by the Board shall be the basis for the 
17written policy which must be adopted by each law enforcement 
18agency which employs the use of officer-worn body cameras. The 
19written policy adopted by the law enforcement agency must 
20include, at a minimum, all of the following:
21  (1) Cameras must be equipped with pre-event recording, 
22 capable of recording at least the 30 seconds prior to 
23 camera activation, unless the officer-worn body camera was 
24 purchased and acquired by the law enforcement agency prior 
25 to July 1, 2015.
 
 
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1  (2) Cameras must be capable of recording for a period 
2 of 10 hours or more, unless the officer-worn body camera 
3 was purchased and acquired by the law enforcement agency 
4 prior to July 1, 2015.
5  (3) Cameras must be turned on at all times when the 
6 officer is in uniform and is responding to calls for 
7 service or engaged in any law enforcement-related 
8 encounter or activity that occurs while the officer is on 
9 duty.
10   (A) If exigent circumstances exist which prevent 
11 the camera from being turned on, the camera must be 
12 turned on as soon as practicable.
13   (B) Officer-worn body cameras may be turned off 
14 when the officer is inside of a patrol car which is 
15 equipped with a functioning in-car camera; however, 
16 the officer must turn on the camera upon exiting the 
17 patrol vehicle for law enforcement-related encounters.
18   (C) Officer-worn body cameras may be turned off 
19 when the officer is inside a correctional facility or 
20 courthouse which is equipped with a functioning camera 
21 system. 
22  (4) Cameras must be turned off when:

23   (A) the victim of a crime requests that the camera 
24 be turned off, and unless impractical or impossible, 
25 that request is made on the recording;
26   (B) a witness of a crime or a community member who 
 
 
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1 wishes to report a crime requests that the camera be 
2 turned off, and unless impractical or impossible that 
3 request is made on the recording;

4   (C) the officer is interacting with a confidential 
5 informant used by the law enforcement agency; or
6   (D) an officer of the Department of Revenue enters 
7 a Department of Revenue facility or conducts an 
8 interview during which return information will be 
9 discussed or visible. 
10  However, an officer may continue to record or resume 
11 recording a victim or a witness, if exigent circumstances 
12 exist, or if the officer has reasonable articulable 
13 suspicion that a victim or witness, or confidential 
14 informant has committed or is in the process of committing 
15 a crime. Under these circumstances, and unless impractical 
16 or impossible, the officer must indicate on the recording 
17 the reason for continuing to record despite the request of 
18 the victim or witness.
19  (4.5) Cameras may be turned off when the officer is 
20 engaged in community caretaking functions. However, the 
21 camera must be turned on when the officer has reason to 
22 believe that the person on whose behalf the officer is 
23 performing a community caretaking function has committed 
24 or is in the process of committing a crime. If exigent 
25 circumstances exist which prevent the camera from being 
26 turned on, the camera must be turned on as soon as 
 
 
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1 practicable.
2  (5) Before January 1, 2026, an The officer must 
3 provide notice of recording to any person if the person 
4 has a reasonable expectation of privacy. Proof and proof 
5 of notice must be evident in the recording.
If exigent 
6 circumstances exist which prevent the officer from 
7 providing notice, notice must be provided as soon as 
8 practicable. 
9  (6) (A) For the purposes of redaction or duplicating 
10 recordings, access to camera recordings shall be 
11 restricted to only those personnel responsible for those 
12 purposes. The recording officer or his or her supervisor 
13 may not redact, duplicate, or otherwise alter the 
14 recording officer's camera recordings. Except as otherwise 
15 provided in this Section, the recording officer and his or 
16 her supervisor may access and review recordings prior to 
17 completing incident reports or other documentation, 
18 provided that the supervisor discloses that fact in the 
19 report or documentation.
20   (i) A law enforcement officer shall not have 
21 access to or review his or her body-worn
camera 
22 recordings or the body-worn camera recordings of 
23 another officer prior to completing incident reports 
24 or other documentation when the officer: 
25    (a) has been involved in or is a witness to an 
26 officer-involved shooting, use of deadly force 
 
 
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1 incident, or use of force incidents resulting in 
2 great bodily harm;
3    (b) is ordered to write a report in response 
4 to or during the investigation of a misconduct 
5 complaint against the officer.
6   (ii) If the officer subject to subparagraph (i) 
7 prepares a report, any report shall be prepared 
8 without viewing body-worn camera recordings, and 
9 subject to supervisor's approval, officers may file 
10 amendatory reports after viewing body-worn camera 
11 recordings. Supplemental reports under this provision 
12 shall also contain documentation regarding access to 
13 the video footage. 
14   (B) The recording officer's assigned field 
15 training officer may access and review recordings for 
16 training purposes. Any detective or investigator 
17 directly involved in the investigation of a matter may 
18 access and review recordings which pertain to that 
19 investigation but may not have access to delete or 
20 alter such recordings. 
21  (7) Recordings made on officer-worn cameras must be 
22 retained by the law enforcement agency or by the camera 
23 vendor used by the agency, on a recording medium for a 
24 period of 90 days.
25   (A) Under no circumstances shall any recording, 
26 except for a non-law enforcement related activity or 
 
 
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1 encounter, made with an officer-worn body camera be 
2 altered, erased, or destroyed prior to the expiration 
3 of the 90-day storage period.
In the event any 
4 recording made with an officer-worn body camera is 
5 altered, erased, or destroyed prior to the expiration 
6 of the 90-day storage period, the law enforcement 
7 agency shall maintain, for a period of one year, a 
8 written record including (i) the name of the 
9 individual who made such alteration, erasure, or 
10 destruction, and (ii) the reason for any such 
11 alteration, erasure, or destruction. 
12   (B) Following the 90-day storage period, any and 
13 all recordings made with an officer-worn body camera 
14 must be destroyed, unless any encounter captured on 
15 the recording has been flagged. An encounter is deemed 
16 to be flagged when:

17    (i) a formal investigation or informal 
18 inquiry, as those terms are defined in Section 2 
19 of the Uniform Peace Officers' Disciplinary Act, 
20 has commenced complaint has been filed;
21    (ii) the officer discharged his or her firearm 
22 or used force during the encounter;

23    (iii) death or great bodily harm occurred to 
24 any person in the recording;

25    (iv) the encounter resulted in a detention or 
26 an arrest, excluding traffic stops which resulted 
 
 
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1 in only a minor traffic offense or business 
2 offense;
3    (v) the officer is the subject of an internal 
4 investigation or otherwise being investigated for 
5 possible misconduct;

6    (vi) the supervisor of the officer, 
7 prosecutor, defendant, or court determines that 
8 the encounter has evidentiary value in a criminal 
9 prosecution; or
10    (vii) the recording officer requests that the 
11 video be flagged for official purposes related to 
12 his or her official duties or believes it may have 
13 evidentiary value in a criminal prosecution.
14   (C) Under no circumstances shall any recording 
15 made with an officer-worn body camera relating to a 
16 flagged encounter be altered or destroyed prior to 2 
17 years after the recording was flagged. If the flagged 
18 recording was used in a criminal, civil, or 
19 administrative proceeding, the recording shall not be 
20 destroyed except upon a final disposition and order 
21 from the court.
22   (D) Nothing in this Act prohibits law enforcement 
23 agencies from labeling officer-worn body camera video 
24 within the recording medium; provided that the 
25 labeling does not alter the actual recording of the 
26 incident captured on the officer-worn body camera. The 
 
 
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1 labels, titles, and tags shall not be construed as 
2 altering the officer-worn body camera video in any 
3 way. 
4  (8) Following the 90-day storage period, recordings 
5 may be retained if a supervisor at the law enforcement 
6 agency designates the recording for training purposes. If 
7 the recording is designated for training purposes, the 
8 recordings may be viewed by officers, in the presence of a 
9 supervisor or training instructor, for the purposes of 
10 instruction, training, or ensuring compliance with agency 
11 policies.

12  (9) Recordings shall not be used to discipline law 
13 enforcement officers unless:
14   (A) a formal investigation or informal inquiry, as 
15 those terms are defined in Section 2 of the Uniform 
16 Peace Officers' Disciplinary Act, has commenced a 
17 formal or informal complaint of misconduct has been 
18 made;
19   (B) a use of force incident has occurred;
20   (C) the encounter on the recording could result in 
21 a formal investigation under the Uniform Peace 
22 Officers' Disciplinary Act; or
23   (D) as corroboration of other evidence of 
24 misconduct.
25  Nothing in this paragraph (9) shall be construed to 
26 limit or prohibit a law enforcement officer from being 
 
 
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1 subject to an action that does not amount to discipline.
2  (10) The law enforcement agency shall ensure proper 
3 care and maintenance of officer-worn body cameras. Upon 
4 becoming aware, officers must as soon as practical 
5 document and notify the appropriate supervisor of any 
6 technical difficulties, failures, or problems with the 
7 officer-worn body camera or associated equipment. Upon 
8 receiving notice, the appropriate supervisor shall make 
9 every reasonable effort to correct and repair any of the 
10 officer-worn body camera equipment.
11  (11) No officer may hinder or prohibit any person, not 
12 a law enforcement officer, from recording a law 
13 enforcement officer in the performance of his or her 
14 duties in a public place or when the officer has no 
15 reasonable expectation of privacy.
The law enforcement 
16 agency's written policy shall indicate the potential 
17 criminal penalties, as well as any departmental 
18 discipline, which may result from unlawful confiscation or 
19 destruction of the recording medium of a person who is not 
20 a law enforcement officer. However, an officer may take 
21 reasonable action to maintain safety and control, secure 
22 crime scenes and accident sites, protect the integrity and 
23 confidentiality of investigations, and protect the public 
24 safety and order.
25 (b) Recordings made with the use of an officer-worn body 
26camera are not subject to disclosure under the Freedom of 
 
 
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1Information Act, except when a recording is flagged due to the 
2filing of a complaint, discharge of a firearm, use of force, 
3arrest or detention, or resulting death or bodily harm, and

4the subject of the encounter has a reasonable expectation of 
5privacy at the time of the recording. A recording subject to 
6disclosure under this subsection may be only released to the 
7subject of the encounter captured on the recording or the 
8subject's legal representative if the law enforcement agency 
9obtains written permission of the subject or the subject's 
10legal representative. Any disclosure under this subsection (b) 
11shall be limited to the portion of the recording containing 
12the subject of the encounter captured by the primary officer's 
13body-worn camera. 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 
20 Act 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 
9 captured on the recording or to the subject's attorney, or 
10 the officer or his or her legal representative.
11 For the purposes of paragraph (1) of this subsection (b), 
12no person shall the subject of the encounter does not have a 
13reasonable expectation of privacy if the person the subject 
14was arrested as a result of the encounter or if the encounter 
15was captured in a publicly accessible area. For purposes of 
16subparagraph (A) of paragraph (1) of this subsection (b), 
17"witness" does not include a person who is a victim or who was 
18arrested as a result of the encounter.

19 Only recordings or portions of recordings responsive to 
20the request shall be available for inspection or reproduction. 
21Any recording disclosed under the Freedom of Information Act 
22shall be redacted to remove identification of any person that 
23appears on the recording and is not the officer, a subject of 
24the encounter, or directly involved in the encounter if they 
25are readily identifiable and have an expectation of privacy. 
26Nothing in this subsection (b) shall require the disclosure of 
 
 
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1any recording or portion of any recording which would be 
2exempt from disclosure under the Freedom of Information Act.
3 (c) Nothing in this Section shall limit access to an 
4officer-worn body a camera recording for the purposes of 
5complying with Supreme Court rules or the rules of evidence.

6(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
7102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 
812-6-22.)

9 Section 15. The Law Enforcement Camera Grant Act is 
10amended by changing Sections 15 and 20 as follows:

11 (50 ILCS 707/15)
12 Sec. 15. Rules; in-car video camera grants.
13 (a) The Board shall develop model rules for the use of 
14in-car video cameras to be adopted by law enforcement agencies 
15that receive grants under Section 10 of this Act. The rules 
16shall include all of the following requirements:
17  (1) Cameras must be installed in the law enforcement 
18 agency vehicles.
19  (2) Video recording must provide audio of the officer 
20 when the officer is outside of the vehicle.
21  (3) Camera access must be restricted to the 
22 supervisors of the officer in the vehicle.
23  (4) Cameras must be turned on continuously throughout 
24 the officer's shift.
 
 
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1  (5) A copy of the video record must be made available 
2 upon request to personnel of the law enforcement agency, 
3 the local State's Attorney, and any persons depicted in 
4 the video. Procedures for distribution of the video record 
5 must include safeguards to protect the identities of 
6 individuals who are not a party to the requested stop.
7  (6) Law enforcement agencies that receive moneys under 
8 this grant shall provide for storage of the video records 
9 for a period of not less than 2 years.
10 (b) Each law enforcement agency receiving a grant for 
11in-car video cameras under Section 10 of this Act must provide 
12an annual report to the Board, the Governor, and the General 
13Assembly on or before May 1 of the year following the receipt 
14of the grant and by each May 1 thereafter during the period of 
15the grant. The report shall include the following:
16  (1) the number of cameras received by the law 
17 enforcement agency;
18  (2) the number of cameras actually installed in law 
19 enforcement agency vehicles;
20  (3) a brief description of the review process used by 
21 supervisors within the law enforcement agency;
22  (4) (blank); and a list of any criminal, traffic, 
23 ordinance, and civil cases in which in-car video 
24 recordings were used, including party names, case numbers, 
25 offenses charged, and disposition of the matter. 
26 Proceedings to which this paragraph (4) applies include, 
 
 
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1 but are not limited to, court proceedings, coroner's 
2 inquests, grand jury proceedings, and plea bargains; and
3  (5) any other information relevant to the 
4 administration of the program.

5(Source: P.A. 99-352, eff. 1-1-16.)

6 (50 ILCS 707/20)
7 Sec. 20. Rules; officer body-worn camera grants.
8 (a) The Board shall develop model rules for the use of 
9officer body-worn cameras to be adopted by law enforcement 
10agencies that receive grants under Section 10 of this Act. The 
11rules shall comply with the Law Enforcement Officer-Worn Body 
12Camera Act.
13 (b) Each law enforcement agency receiving a grant for 
14officer-worn body cameras under Section 10 of this Act must 
15provide an annual report to the Board, the Governor, and the 
16General Assembly on or before May 1 of the year following the 
17receipt of the grant and by each May 1 thereafter during the 
18period of the grant. The report shall include:
19  (1) a brief overview of the makeup of the agency, 
20 including the number of officers utilizing officer-worn 
21 body cameras;
22  (2) the number of officer-worn body cameras utilized 
23 by the law enforcement agency;
24  (3) any technical issues with the equipment and how 
25 those issues were remedied;
 
 
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1  (4) a brief description of the review process used by 
2 supervisors within the law enforcement agency;
3  (5) (blank); for each recording used in prosecutions 
4 of conservation, criminal, or traffic offenses or 
5 municipal ordinance violations:
6   (A) the time, date, and location of the incident; 
7 and
8   (B) the offenses charged and the date charges were 
9 filed;
10  (6) (blank); and for a recording used in a civil 
11 proceeding or internal affairs investigation:
12   (A) the number of pending civil proceedings and 
13 internal investigations;
14   (B) in resolved civil proceedings and pending 
15 investigations:
16    (i) the nature of the complaint or 
17 allegations;
18    (ii) the disposition, if known; and
19    (iii) the date, time and location of the 
20 incident; and
21  (7) any other information relevant to the 
22 administration of the program.
23 (c) On or before July 30 of each year, the Board must 
24analyze the law enforcement agency reports and provide an 
25annual report to the General Assembly and the Governor.

26(Source: P.A. 99-352, eff. 1-1-16.)

 
 
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1 Section 20. The Criminal Code of 2012 is amended by 
2changing Sections 14-3 and 31-4 as follows:

3 (720 ILCS 5/14-3)
4 Sec. 14-3. Exemptions. The following activities shall be

5exempt from the provisions of this Article:
6  (a) Listening to radio, wireless electronic 
7 communications, and television communications of
any sort 
8 where the same are publicly made;
9  (b) Hearing conversation when heard by employees of 
10 any common
carrier by wire incidental to the normal course 
11 of their employment in
the operation, maintenance or 
12 repair of the equipment of such common
carrier by wire so 
13 long as no information obtained thereby is used or

14 divulged by the hearer;
15  (c) Any broadcast by radio, television or otherwise 
16 whether it be a
broadcast or recorded for the purpose of 
17 later broadcasts of any
function where the public is in 
18 attendance and the conversations are
overheard incidental 
19 to the main purpose for which such broadcasts are
then 
20 being made;
21  (d) Recording or listening with the aid of any device 
22 to any
emergency communication made in the normal course 
23 of operations by any
federal, state or local law 
24 enforcement agency or institutions dealing
in emergency 
 
 
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1 services, including, but not limited to, hospitals,

2 clinics, ambulance services, fire fighting agencies, any 
3 public utility,
emergency repair facility, civilian 
4 defense establishment or military
installation;
5  (e) Recording the proceedings of any meeting required 
6 to be open by
the Open Meetings Act, as amended;
7  (f) Recording or listening with the aid of any device 
8 to incoming
telephone calls of phone lines publicly listed 
9 or advertised as consumer
"hotlines" by manufacturers or 
10 retailers of food and drug products. Such
recordings must 
11 be destroyed, erased or turned over to local law

12 enforcement authorities within 24 hours from the time of 
13 such recording and
shall not be otherwise disseminated. 
14 Failure on the part of the individual
or business 
15 operating any such recording or listening device to comply 
16 with
the requirements of this subsection shall eliminate 
17 any civil or criminal
immunity conferred upon that 
18 individual or business by the operation of
this Section;
19  (g) With prior notification to the State's Attorney of 
20 the
county in which
it is to occur, recording or listening 
21 with the aid of any device to any
conversation
where a law 
22 enforcement officer, or any person acting at the direction 
23 of law
enforcement, is a party to the conversation and has 
24 consented to it being
intercepted or recorded under 
25 circumstances where the use of the device is
necessary for 
26 the protection of the law enforcement officer or any 
 
 
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1 person
acting at the direction of law enforcement, in the 
2 course of an
investigation
of a forcible felony, a felony 
3 offense of involuntary servitude, involuntary sexual 
4 servitude of a minor, or trafficking in persons under 
5 Section 10-9 of this Code, an offense involving 
6 prostitution, solicitation of a sexual act, or pandering, 
7 a felony violation of the Illinois Controlled Substances

8 Act, a felony violation of the Cannabis Control Act, a 
9 felony violation of the Methamphetamine Control and 
10 Community Protection Act, any "streetgang
related" or 
11 "gang-related" felony as those terms are defined in the 
12 Illinois
Streetgang Terrorism Omnibus Prevention Act, or 
13 any felony offense involving any weapon listed in 
14 paragraphs (1) through (11) of subsection (a) of Section 
15 24-1 of this Code.
Any recording or evidence derived
as 
16 the
result of this exemption shall be inadmissible in any 
17 proceeding, criminal,
civil or
administrative, except (i) 
18 where a party to the conversation suffers great
bodily 
19 injury or is killed during such conversation, or
(ii)
when 
20 used as direct impeachment of a witness concerning matters 
21 contained in
the interception or recording. The Director 
22 of the Illinois State Police shall issue regulations as 
23 are necessary concerning the use of
devices, retention of 
24 tape recordings, and reports regarding their
use;
25  (g-5) (Blank);
26  (g-6) With approval of the State's Attorney of the 
 
 
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1 county in which it is to occur, recording or listening 
2 with the aid of any device to any conversation where a law 
3 enforcement officer, or any person acting at the direction 
4 of law enforcement, is a party to the conversation and has 
5 consented to it being intercepted or recorded in the 
6 course of an investigation of child pornography, 
7 aggravated child pornography, indecent solicitation of a 
8 child, luring of a minor, sexual exploitation of a child, 
9 aggravated criminal sexual abuse in which the victim of 
10 the offense was at the time of the commission of the 
11 offense under 18 years of age, or criminal sexual abuse by 
12 force or threat of force in which the victim of the offense 
13 was at the time of the commission of the offense under 18 
14 years of age. In all such cases, an application for an 
15 order approving the previous or continuing use of an 
16 eavesdropping device must be made within 48 hours of the 
17 commencement of such use. In the absence of such an order, 
18 or upon its denial, any continuing use shall immediately 
19 terminate. The Director of the Illinois State Police shall 
20 issue rules as are necessary concerning the use of 
21 devices, retention of recordings, and reports regarding 
22 their use.
Any recording or evidence obtained or derived 
23 in the course of an investigation of child pornography, 
24 aggravated child pornography, indecent solicitation of a 
25 child, luring of a minor, sexual exploitation of a child, 
26 aggravated criminal sexual abuse in which the victim of 
 
 
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1 the offense was at the time of the commission of the 
2 offense under 18 years of age, or criminal sexual abuse by 
3 force or threat of force in which the victim of the offense 
4 was at the time of the commission of the offense under 18 
5 years of age shall, upon motion of the State's Attorney or 
6 Attorney General prosecuting any case involving child 
7 pornography, aggravated child pornography, indecent 
8 solicitation of a child, luring of a minor, sexual 
9 exploitation of a child, aggravated criminal sexual abuse 
10 in which the victim of the offense was at the time of the 
11 commission of the offense under 18 years of age, or 
12 criminal sexual abuse by force or threat of force in which 
13 the victim of the offense was at the time of the commission 
14 of the offense under 18 years of age be reviewed in camera 
15 with notice to all parties present by the court presiding 
16 over the criminal case, and, if ruled by the court to be 
17 relevant and otherwise admissible, it shall be admissible 
18 at the trial of the criminal case. Absent such a ruling, 
19 any such recording or evidence shall not be admissible at 
20 the trial of the criminal case;
21  (h) Recordings made simultaneously with the use of an 
22 in-car video camera recording of an oral
conversation 
23 between a uniformed peace officer, who has identified his 
24 or her office, and
a person in the presence of the peace 
25 officer whenever (i) an officer assigned a patrol vehicle 
26 is conducting an enforcement stop; or (ii) patrol vehicle 
 
 
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1 emergency lights are activated or would otherwise be 
2 activated if not for the need to conceal the presence of 
3 law enforcement.
4  For the purposes of this subsection (h), "enforcement 
5 stop" means an action by a law enforcement officer in 
6 relation to enforcement and investigation duties, 
7 including but not limited to, traffic stops, pedestrian 
8 stops, abandoned vehicle contacts, motorist assists, 
9 commercial motor vehicle stops, roadside safety checks, 
10 requests for identification, or responses to requests for 
11 emergency assistance;
12  (h-5) Recordings of utterances made by a person while 
13 in the presence of a uniformed peace officer and while an 
14 occupant of a police vehicle including, but not limited 
15 to, (i) recordings made simultaneously with the use of an 
16 in-car video camera and (ii) recordings made in the 
17 presence of the peace officer utilizing video or audio 
18 systems, or both, authorized by the law enforcement 
19 agency;
20  (h-10) Recordings made simultaneously with a video 
21 camera recording during
the use of a taser or similar 
22 weapon or device by a peace officer if the weapon or device 
23 is equipped with such camera;
24  (h-15) Recordings made under subsection (h), (h-5), or 
25 (h-10) shall be retained by the law enforcement agency 
26 that employs the peace officer who made the recordings for 
 
 
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1 a storage period of 90 days, unless the recordings are 
2 made as a part of an arrest or the recordings are deemed 
3 evidence in any criminal, civil, or administrative 
4 proceeding and then the recordings must only be destroyed 
5 upon a final disposition and an order from the court. 
6 Under no circumstances shall any recording be altered or 
7 erased prior to the expiration of the designated storage 
8 period. Upon completion of the storage period, the 
9 recording medium may be erased and reissued for 
10 operational use;
11  (i) Recording of a conversation made by or at the 
12 request of a person, not a
law enforcement officer or 
13 agent of a law enforcement officer, who is a party
to the 
14 conversation, under reasonable suspicion that another 
15 party to the
conversation is committing, is about to 
16 commit, or has committed a criminal
offense against the 
17 person or a member of his or her immediate household, and

18 there is reason to believe that evidence of the criminal 
19 offense may be
obtained by the recording;
20  (j) The use of a telephone monitoring device by either 
21 (1) a
corporation or other business entity engaged in 
22 marketing or opinion research
or (2) a corporation or 
23 other business entity engaged in telephone
solicitation, 
24 as
defined in this subsection, to record or listen to oral 
25 telephone solicitation
conversations or marketing or 
26 opinion research conversations by an employee of
the 
 
 
HB4050- 37 -LRB103 31718 AWJ 60299 b


1 corporation or other business entity when:
2   (i) the monitoring is used for the purpose of 
3 service quality control of
marketing or opinion 
4 research or telephone solicitation, the education or

5 training of employees or contractors
engaged in 
6 marketing or opinion research or telephone 
7 solicitation, or internal
research related to 
8 marketing or
opinion research or telephone

9 solicitation; and
10   (ii) the monitoring is used with the consent of at 
11 least one person who
is an active party to the 
12 marketing or opinion research conversation or

13 telephone solicitation conversation being
monitored.
14  No communication or conversation or any part, portion, 
15 or aspect of the
communication or conversation made, 
16 acquired, or obtained, directly or
indirectly,
under this 
17 exemption (j), may be, directly or indirectly, furnished 
18 to any law
enforcement officer, agency, or official for 
19 any purpose or used in any inquiry
or investigation, or 
20 used, directly or indirectly, in any administrative,

21 judicial, or other proceeding, or divulged to any third 
22 party.
23  When recording or listening authorized by this 
24 subsection (j) on telephone
lines used for marketing or 
25 opinion research or telephone solicitation purposes

26 results in recording or
listening to a conversation that 
 
 
HB4050- 38 -LRB103 31718 AWJ 60299 b


1 does not relate to marketing or opinion
research or 
2 telephone solicitation; the
person recording or listening 
3 shall, immediately upon determining that the
conversation 
4 does not relate to marketing or opinion research or 
5 telephone
solicitation, terminate the recording
or 
6 listening and destroy any such recording as soon as is 
7 practicable.
8  Business entities that use a telephone monitoring or 
9 telephone recording
system pursuant to this exemption (j) 
10 shall provide current and prospective
employees with 
11 notice that the monitoring or recordings may occur during 
12 the
course of their employment. The notice shall include 
13 prominent signage
notification within the workplace.
14  Business entities that use a telephone monitoring or 
15 telephone recording
system pursuant to this exemption (j) 
16 shall provide their employees or agents
with access to 
17 personal-only telephone lines which may be pay telephones, 
18 that
are not subject to telephone monitoring or telephone 
19 recording.
20  For the purposes of this subsection (j), "telephone 
21 solicitation" means a
communication through the use of a 
22 telephone by live operators:
23   (i) soliciting the sale of goods or services;
24   (ii) receiving orders for the sale of goods or 
25 services;
26   (iii) assisting in the use of goods or services; 
 
 
HB4050- 39 -LRB103 31718 AWJ 60299 b


1 or
2   (iv) engaging in the solicitation, administration, 
3 or collection of bank
or
retail credit accounts.
4  For the purposes of this subsection (j), "marketing or 
5 opinion research"
means
a marketing or opinion research 
6 interview conducted by a live telephone
interviewer 
7 engaged by a corporation or other business entity whose 
8 principal
business is the design, conduct, and analysis of 
9 polls and surveys measuring
the
opinions, attitudes, and 
10 responses of respondents toward products and services,
or 
11 social or political issues, or both;
12  (k) Electronic recordings, including but not limited 
13 to, a motion picture,
videotape, digital, or other visual 
14 or audio recording, made of a custodial
interrogation of 
15 an individual at a police station or other place of 
16 detention
by a law enforcement officer under Section 
17 5-401.5 of the Juvenile Court Act of
1987 or Section 
18 103-2.1 of the Code of Criminal Procedure of 1963;
19  (l) Recording the interview or statement of any person 
20 when the person
knows that the interview is being 
21 conducted by a law enforcement officer or
prosecutor and 
22 the interview takes place at a police station that is 
23 currently
participating in the Custodial Interview Pilot 
24 Program established under the
Illinois Criminal Justice 
25 Information Act;
26  (m) An electronic recording, including but not limited 
 
 
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1 to, a motion picture,
videotape, digital, or other visual 
2 or audio recording, made of the interior of a school bus 
3 while the school bus is being used in the transportation 
4 of students to and from school and school-sponsored 
5 activities, when the school board has adopted a policy 
6 authorizing such recording, notice of such recording 
7 policy is included in student handbooks and other 
8 documents including the policies of the school, notice of 
9 the policy regarding recording is provided to parents of 
10 students, and notice of such recording is clearly posted 
11 on the door of and inside the school bus.

12  Recordings made pursuant to this subsection (m) shall 
13 be confidential records and may only be used by school 
14 officials (or their designees) and law enforcement 
15 personnel for investigations, school disciplinary actions 
16 and hearings, proceedings under the Juvenile Court Act of 
17 1987, and criminal prosecutions, related to incidents 
18 occurring in or around the school bus; 
19  (n)
Recording or listening to an audio transmission 
20 from a microphone placed by a person under the authority 
21 of a law enforcement agency inside a bait car surveillance 
22 vehicle while simultaneously capturing a photographic or 
23 video image; 
24  (o) The use of an eavesdropping camera or audio device 
25 during an ongoing hostage or barricade situation by a law 
26 enforcement officer or individual acting on behalf of a 
 
 
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1 law enforcement officer when the use of such device is 
2 necessary to protect the safety of the general public, 
3 hostages, or law enforcement officers or anyone acting on 
4 their behalf; 
5  (p) Recording or listening with the aid of any device 
6 to incoming telephone calls of phone lines publicly listed 
7 or advertised as the "CPS Violence Prevention Hotline", 
8 but only where the notice of recording is given at the 
9 beginning of each call as required by Section 34-21.8 of 
10 the School Code. The recordings may be retained only by 
11 the Chicago Police Department or other law enforcement 
12 authorities, and shall not be otherwise retained or 
13 disseminated; 
14  (q)(1) With prior request to and written or verbal 
15 approval of the State's Attorney of the county in which 
16 the conversation is anticipated to occur, recording or 
17 listening with the aid of an eavesdropping device to a 
18 conversation in which a law enforcement officer, or any 
19 person acting at the direction of a law enforcement 
20 officer, is a party to the conversation and has consented 
21 to the conversation being intercepted or recorded in the 
22 course of an investigation of a qualified offense. The 
23 State's Attorney may grant this approval only after 
24 determining that reasonable cause exists to believe that 
25 inculpatory conversations concerning a qualified offense 
26 will occur with a specified individual or individuals 
 
 
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1 within a designated period of time.
2  (2) Request for approval. To invoke the exception 
3 contained in this subsection (q), a law enforcement 
4 officer shall make a request for approval to the 
5 appropriate State's Attorney. The request may be written 
6 or verbal; however, a written memorialization of the 
7 request must be made by the State's Attorney. This request 
8 for approval shall include whatever information is deemed 
9 necessary by the State's Attorney but shall include, at a 
10 minimum, the following information about each specified 
11 individual whom the law enforcement officer believes will 
12 commit a qualified offense:
13   (A) his or her full or partial name, nickname or 
14 alias;
15   (B) a physical description; or
16   (C) failing either (A) or (B) of this paragraph 
17 (2), any other supporting information known to the law 
18 enforcement officer at the time of the request that 
19 gives rise to reasonable cause to believe that the 
20 specified individual will participate in an 
21 inculpatory conversation concerning a qualified 
22 offense.
23  (3) Limitations on approval. Each written approval by 
24 the State's Attorney under this subsection (q) shall be 
25 limited to:
26   (A) a recording or interception conducted by a 
 
 
HB4050- 43 -LRB103 31718 AWJ 60299 b


1 specified law enforcement officer or person acting at 
2 the direction of a law enforcement officer;
3   (B) recording or intercepting conversations with 
4 the individuals specified in the request for approval, 
5 provided that the verbal approval shall be deemed to 
6 include the recording or intercepting of conversations 
7 with other individuals, unknown to the law enforcement 
8 officer at the time of the request for approval, who 
9 are acting in conjunction with or as co-conspirators 
10 with the individuals specified in the request for 
11 approval in the commission of a qualified offense;
12   (C) a reasonable period of time but in no event 
13 longer than 24 consecutive hours;
14   (D) the written request for approval, if 
15 applicable, or the written memorialization must be 
16 filed, along with the written approval, with the 
17 circuit clerk of the jurisdiction on the next business 
18 day following the expiration of the authorized period 
19 of time, and shall be subject to review by the Chief 
20 Judge or his or her designee as deemed appropriate by 
21 the court.
22  (3.5) The written memorialization of the request for 
23 approval and the written approval by the State's Attorney 
24 may be in any format, including via facsimile, email, or 
25 otherwise, so long as it is capable of being filed with the 
26 circuit clerk. 
 
 
HB4050- 44 -LRB103 31718 AWJ 60299 b


1  (3.10) Beginning March 1, 2015, each State's Attorney 
2 shall annually submit a report to the General Assembly 
3 disclosing:
4   (A) the number of requests for each qualified 
5 offense for approval under this subsection; and
6   (B) the number of approvals for each qualified 
7 offense given by the State's Attorney. 
8  (4) Admissibility of evidence. No part of the contents 
9 of any wire, electronic, or oral communication that has 
10 been recorded or intercepted as a result of this exception 
11 may be received in evidence in any trial, hearing, or 
12 other proceeding in or before any court, grand jury, 
13 department, officer, agency, regulatory body, legislative 
14 committee, or other authority of this State, or a 
15 political subdivision of the State, other than in a 
16 prosecution of:
17   (A) the qualified offense for which approval was 
18 given to record or intercept a conversation under this 
19 subsection (q);
20   (B) a forcible felony committed directly in the 
21 course of the investigation of the qualified offense 
22 for which approval was given to record or intercept a 
23 conversation under this subsection (q); or
24   (C) any other forcible felony committed while the 
25 recording or interception was approved in accordance 
26 with this subsection (q), but for this specific 
 
 
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1 category of prosecutions, only if the law enforcement 
2 officer or person acting at the direction of a law 
3 enforcement officer who has consented to the 
4 conversation being intercepted or recorded suffers 
5 great bodily injury or is killed during the commission 
6 of the charged forcible felony.
7  (5) Compliance with the provisions of this subsection 
8 is a prerequisite to the admissibility in evidence of any 
9 part of the contents of any wire, electronic or oral 
10 communication that has been intercepted as a result of 
11 this exception, but nothing in this subsection shall be 
12 deemed to prevent a court from otherwise excluding the 
13 evidence on any other ground recognized by State or 
14 federal law, nor shall anything in this subsection be 
15 deemed to prevent a court from independently reviewing the 
16 admissibility of the evidence for compliance with the 
17 Fourth Amendment to the U.S. Constitution or with Article 
18 I, Section 6 of the Illinois Constitution.
19  (6) Use of recordings or intercepts unrelated to 
20 qualified offenses. Whenever any private conversation or 
21 private electronic communication has been recorded or 
22 intercepted as a result of this exception that is not 
23 related to an offense for which the recording or intercept 
24 is admissible under paragraph (4) of this subsection (q), 
25 no part of the contents of the communication and evidence 
26 derived from the communication may be received in evidence 
 
 
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1 in any trial, hearing, or other proceeding in or before 
2 any court, grand jury, department, officer, agency, 
3 regulatory body, legislative committee, or other authority 
4 of this State, or a political subdivision of the State, 
5 nor may it be publicly disclosed in any way.
6  (6.5) The Illinois State Police shall adopt rules as 
7 are necessary concerning the use of devices, retention of 
8 recordings, and reports regarding their use under this 
9 subsection (q). 
10  (7) Definitions. For the purposes of this subsection 
11 (q) only:
12   "Forcible felony" includes and is limited to those 
13 offenses contained in Section 2-8 of the Criminal Code 
14 of 1961 as of the effective date of this amendatory Act 
15 of the 97th General Assembly, and only as those 
16 offenses have been defined by law or judicial 
17 interpretation as of that date.
18   "Qualified offense" means and is limited to:
19    (A) a felony violation of the Cannabis Control 
20 Act, the Illinois Controlled Substances Act, or 
21 the Methamphetamine Control and Community 
22 Protection Act, except for violations of:
23     (i) Section 4 of the Cannabis Control Act;
24     (ii) Section 402 of the Illinois 
25 Controlled Substances Act; and
26     (iii) Section 60 of the Methamphetamine 
 
 
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1 Control and Community Protection Act; and
2    (B) first degree murder, solicitation of 
3 murder for hire, predatory criminal sexual assault 
4 of a child, criminal sexual assault, aggravated 
5 criminal sexual assault, aggravated arson, 
6 kidnapping, aggravated kidnapping, child 
7 abduction, trafficking in persons, involuntary 
8 servitude, involuntary sexual servitude of a 
9 minor, or gunrunning. 
10   "State's Attorney" includes and is limited to the 
11 State's Attorney or an assistant State's Attorney 
12 designated by the State's Attorney to provide verbal 
13 approval to record or intercept conversations under 
14 this subsection (q).
15  (8) Sunset. This subsection (q) is inoperative on and 
16 after January 1, 2027. No conversations intercepted 
17 pursuant to this subsection (q), while operative, shall be 
18 inadmissible in a court of law by virtue of the 
19 inoperability of this subsection (q) on January 1, 2027. 
20  (9) Recordings, records, and custody. Any private 
21 conversation or private electronic communication 
22 intercepted by a law enforcement officer or a person 
23 acting at the direction of law enforcement shall, if 
24 practicable, be recorded in such a way as will protect the 
25 recording from editing or other alteration. Any and all 
26 original recordings made under this subsection (q) shall 
 
 
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1 be inventoried without unnecessary delay pursuant to the 
2 law enforcement agency's policies for inventorying 
3 evidence. The original recordings shall not be destroyed 
4 except upon an order of a court of competent jurisdiction; 
5 and 
6  (r) Electronic recordings, including but not limited 
7 to, motion picture, videotape, digital, or other visual or 
8 audio recording, made of a lineup under Section 107A-2 of 
9 the Code of Criminal Procedure of 1963; and . 
10  (s) Recordings made pursuant to and in compliance with 
11 the Law Enforcement Officer-Worn Body Camera Act. 
12(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
13102-918, eff. 5-27-22.)




14 (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)



15 Sec. 31-4. Obstructing justice. 

16 (a) A person obstructs justice when, with intent to 
17prevent the apprehension
or obstruct the prosecution or 
18defense of any person, he or she knowingly commits
any of the 
19following acts:

20  (1) destroys Destroys, alters, conceals or disguises 
21 physical evidence, plants
false evidence, furnishes false 
22 information; or

23  (2) induces Induces a witness having knowledge 
24 material to the subject at issue
to leave the State or 
25 conceal himself or herself; or

 
 
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1  (3) possessing Possessing knowledge material to the 
2 subject at issue, he or she leaves the
State or conceals 
3 himself; or
4  (4) if If a parent, legal guardian, or caretaker
of a 
5 child under 13 years of age reports materially false 
6 information to a law enforcement agency, medical examiner, 
7 coroner, State's Attorney, or other governmental agency 
8 during an investigation of the disappearance or death of a 
9 child under circumstances described in subsection (a) or 
10 (b) of Section 10-10 of this Code; or .

11  (5) takes a body camera or any part of a body camera 
12 from a person known to be a peace officer. 
13 (b) Sentence.


14  (1) Obstructing justice is a Class 4 felony, except as 
15 provided in
paragraphs paragraph (2) and (3) of this 
16 subsection (b).


17  (2) Obstructing justice in furtherance of streetgang 
18 related or
gang-related activity, as defined in Section 10 
19 of the Illinois Streetgang
Terrorism Omnibus Prevention 
20 Act, is a Class 3 felony.
21  (3) A violation of paragraph (5) of subsection (a), if 
22 the body camera or any part of the body camera is taken 
23 from the peace officer during the commission of an offense 
24 that has caused great bodily harm to the officer or 
25 another person, is a Class 1 felony. Any other violation 
26 of paragraph (5) of subsection (a) is a Class 2 felony. 

 
 
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1(Source: P.A. 97-1079, eff. 1-1-13.)



 
 
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1
INDEX

2
Statutes amended in order of appearance