Bill Text: IL SB1443 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that following a 90-day storage period, any and all recordings made with an officer-worn body camera may be destroyed (rather than must be destroyed unless any encounter captured on the recording has been flagged). Provides that a recording shall not be destroyed when, in connection with the encounter captured on the recording, (rather than an encounter is deemed to be flagged when) a formal or informal complaint has been filed; the officer discharged his or her firearm or used force during the encounter; the encounter resulted in a detention or an arrest, excluding traffic stops which resulted in only a minor traffic offense or business offense; the officer is the subject of an internal investigation or otherwise being investigated for possible misconduct; the supervisor of the officer, prosecutor, defendant, or court determines that the encounter has evidentiary value in a criminal prosecution; or the recording officer requests that the video be retained (rather than flagged) for official purposes related to his or her official duties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1443 Detail]
Download: Illinois-2017-SB1443-Introduced.html
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1 | AN ACT concerning local government.
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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 Law Enforcement Officer-Worn Body Camera Act | |||||||||||||||||||
5 | is amended by changing Section 10-20 as follows:
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6 | (50 ILCS 706/10-20)
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7 | Sec. 10-20. Requirements. | |||||||||||||||||||
8 | (a) The Board shall develop basic guidelines for the use of | |||||||||||||||||||
9 | officer-worn body cameras by law enforcement agencies. The | |||||||||||||||||||
10 | guidelines developed by the Board shall be the basis for the | |||||||||||||||||||
11 | written policy which must be adopted by each law enforcement | |||||||||||||||||||
12 | agency which employs the use of officer-worn body cameras. The | |||||||||||||||||||
13 | written policy adopted by the law enforcement agency must | |||||||||||||||||||
14 | include, at a minimum, all of the following: | |||||||||||||||||||
15 | (1) Cameras must be equipped with pre-event recording, | |||||||||||||||||||
16 | capable of recording at least the 30 seconds prior to | |||||||||||||||||||
17 | camera activation, unless the officer-worn body camera was | |||||||||||||||||||
18 | purchased and acquired by the law enforcement agency prior | |||||||||||||||||||
19 | to July 1, 2015. | |||||||||||||||||||
20 | (2) Cameras must be capable of recording for a period | |||||||||||||||||||
21 | of 10 hours or more, unless the officer-worn body camera | |||||||||||||||||||
22 | was purchased and acquired by the law enforcement agency | |||||||||||||||||||
23 | prior to July 1, 2015. |
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1 | (3) Cameras must be turned on at all times when the | ||||||
2 | officer is in uniform and is responding to calls for | ||||||
3 | service or engaged in any law enforcement-related | ||||||
4 | encounter or activity, that occurs while the officer is on | ||||||
5 | duty. | ||||||
6 | (A) If exigent circumstances exist which prevent | ||||||
7 | the camera from being turned on, the camera must be | ||||||
8 | turned on as soon as practicable. | ||||||
9 | (B) Officer-worn body cameras may be turned off | ||||||
10 | when the officer is inside of a patrol car which is | ||||||
11 | equipped with a functioning in-car camera; however, | ||||||
12 | the officer must turn on the camera upon exiting the | ||||||
13 | patrol vehicle for law enforcement-related encounters. | ||||||
14 | (4) Cameras must be turned off when:
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15 | (A) the victim of a crime requests that the camera | ||||||
16 | be turned off, and unless impractical or impossible, | ||||||
17 | that request is made on the recording; | ||||||
18 | (B) a witness of a crime or a community member who | ||||||
19 | wishes to report a crime requests that the camera be | ||||||
20 | turned off, and unless impractical or impossible that | ||||||
21 | request is made on the recording; or
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22 | (C) the officer is interacting with a confidential | ||||||
23 | informant used by the law enforcement agency. | ||||||
24 | However, an officer may continue to record or resume | ||||||
25 | recording a victim or a witness, if exigent circumstances | ||||||
26 | exist, or if the officer has reasonable articulable |
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1 | suspicion that a victim or witness, or confidential | ||||||
2 | informant has committed or is in the process of committing | ||||||
3 | a crime. Under these circumstances, and unless impractical | ||||||
4 | or impossible, the officer must indicate on the recording | ||||||
5 | the reason for continuing to record despite the request of | ||||||
6 | the victim or witness. | ||||||
7 | (4.5) Cameras may be turned off when the officer is | ||||||
8 | engaged in community caretaking functions. However, the | ||||||
9 | camera must be turned on when the officer has reason to | ||||||
10 | believe that the person on whose behalf the officer is | ||||||
11 | performing a community caretaking function has committed | ||||||
12 | or is in the process of committing a crime. If exigent | ||||||
13 | circumstances exist which prevent the camera from being | ||||||
14 | turned on, the camera must be turned on as soon as | ||||||
15 | practicable. | ||||||
16 | (5) The officer must provide notice of recording to any | ||||||
17 | person if the person has a reasonable expectation of | ||||||
18 | privacy and proof of notice must be evident in the | ||||||
19 | recording.
If exigent circumstances exist which prevent | ||||||
20 | the officer from providing notice, notice must be provided | ||||||
21 | as soon as practicable. | ||||||
22 | (6) For the purposes of redaction, labeling, or | ||||||
23 | duplicating recordings, access to camera recordings shall | ||||||
24 | be restricted to only those personnel responsible for those | ||||||
25 | purposes. The recording officer and his or her supervisor | ||||||
26 | may access and review recordings prior to completing |
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1 | incident reports or other documentation, provided that the | ||||||
2 | officer or his or her supervisor discloses that fact in the | ||||||
3 | report or documentation. | ||||||
4 | (7) Recordings made on officer-worn cameras must be | ||||||
5 | retained by the law enforcement agency or by the camera | ||||||
6 | vendor used by the agency, on a recording medium for a | ||||||
7 | period of 90 days. | ||||||
8 | (A) Under no circumstances shall any recording | ||||||
9 | made with an officer-worn body camera be altered, | ||||||
10 | erased, or destroyed prior to the expiration of the | ||||||
11 | 90-day storage period.
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12 | (B) Following the 90-day storage period, any and | ||||||
13 | all recordings made with an officer-worn body camera | ||||||
14 | may must be destroyed , unless any encounter captured on | ||||||
15 | the recording has been flagged . A recording shall not | ||||||
16 | be destroyed when, in connection with the encounter | ||||||
17 | captured on the recording: An encounter is deemed to be | ||||||
18 | flagged when :
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19 | (i) a formal or informal complaint has been | ||||||
20 | filed; | ||||||
21 | (ii) the officer discharged his or her firearm | ||||||
22 | or used force during the encounter;
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23 | (iii) death or great bodily harm occurred to | ||||||
24 | any person in the recording;
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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;
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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 retained flagged for official purposes | ||||||
12 | related to his or her official duties. | ||||||
13 | (C) Under no circumstances shall any recording | ||||||
14 | made with an officer-worn body camera relating to a | ||||||
15 | flagged encounter be altered or destroyed prior to 2 | ||||||
16 | years after the recording was flagged. If the flagged | ||||||
17 | recording was used in a criminal, civil, or | ||||||
18 | administrative proceeding, the recording shall not be | ||||||
19 | destroyed except upon a final disposition and order | ||||||
20 | from the court. | ||||||
21 | (8) Following the 90-day storage period, recordings | ||||||
22 | may be retained if a supervisor at the law enforcement | ||||||
23 | agency designates the recording for training purposes. If | ||||||
24 | the recording is designated for training purposes, the | ||||||
25 | recordings may be viewed by officers, in the presence of a | ||||||
26 | supervisor or training instructor, for the purposes of |
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1 | instruction, training, or ensuring compliance with agency | ||||||
2 | policies.
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3 | (9) Recordings shall not be used to discipline law | ||||||
4 | enforcement officers unless: | ||||||
5 | (A) a formal or informal complaint of misconduct | ||||||
6 | has been made; | ||||||
7 | (B) a use of force incident has occurred; | ||||||
8 | (C) the encounter on the recording could result in | ||||||
9 | a formal investigation under the Uniform Peace | ||||||
10 | Officers' Disciplinary Act; or | ||||||
11 | (D) as corroboration of other evidence of | ||||||
12 | misconduct. | ||||||
13 | Nothing in this paragraph (9) shall be construed to | ||||||
14 | limit or prohibit a law enforcement officer from being | ||||||
15 | subject to an action that does not amount to discipline. | ||||||
16 | (10) The law enforcement agency shall ensure proper | ||||||
17 | care and maintenance of officer-worn body cameras. Upon | ||||||
18 | becoming aware, officers must as soon as practical document | ||||||
19 | and notify the appropriate supervisor of any technical | ||||||
20 | difficulties, failures, or problems with the officer-worn | ||||||
21 | body camera or associated equipment. Upon receiving | ||||||
22 | notice, the appropriate supervisor shall make every | ||||||
23 | reasonable effort to correct and repair any of the | ||||||
24 | officer-worn body camera equipment. | ||||||
25 | (11) No officer may hinder or prohibit any person, not | ||||||
26 | a law enforcement officer, from recording a law enforcement |
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1 | officer in the performance of his or her duties in a public | ||||||
2 | place or when the officer has no reasonable expectation of | ||||||
3 | privacy.
The law enforcement agency's written policy shall | ||||||
4 | indicate the potential criminal penalties, as well as any | ||||||
5 | departmental discipline, which may result from unlawful | ||||||
6 | confiscation or destruction of the recording medium of a | ||||||
7 | person who is not a law enforcement officer. However, an | ||||||
8 | officer may take reasonable action to maintain safety and | ||||||
9 | control, secure crime scenes and accident sites, protect | ||||||
10 | the integrity and confidentiality of investigations, and | ||||||
11 | protect the public safety and order. | ||||||
12 | (b) Recordings made with the use of an officer-worn body | ||||||
13 | camera are not subject to disclosure under the Freedom of | ||||||
14 | Information Act, except that: | ||||||
15 | (1) if the subject of the encounter has a reasonable | ||||||
16 | expectation of privacy, at the time of the recording, any | ||||||
17 | recording which is flagged, due to the filing of a | ||||||
18 | complaint, discharge of a firearm, use of force, arrest or | ||||||
19 | detention, or resulting death or bodily harm, shall be | ||||||
20 | disclosed in accordance with the Freedom of Information Act | ||||||
21 | if: | ||||||
22 | (A) the subject of the encounter captured on the | ||||||
23 | recording is a victim or witness; and | ||||||
24 | (B) the law enforcement agency obtains written | ||||||
25 | permission of the subject or the subject's legal | ||||||
26 | representative; |
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1 | (2) except as provided in paragraph (1) of this | ||||||
2 | subsection (b), any recording which is flagged due to the | ||||||
3 | filing of a complaint, discharge of a firearm, use of | ||||||
4 | force, arrest or detention, or resulting death or bodily | ||||||
5 | harm shall be disclosed in accordance with the Freedom of | ||||||
6 | Information Act; and | ||||||
7 | (3) upon request, the law enforcement agency shall | ||||||
8 | disclose, in accordance with the Freedom of Information | ||||||
9 | Act, the recording to the subject of the encounter captured | ||||||
10 | on the recording or to the subject's attorney, or the | ||||||
11 | officer or his or her legal representative. | ||||||
12 | For the purposes of paragraph (1) of this subsection (b), | ||||||
13 | the subject of the encounter does not have a reasonable | ||||||
14 | expectation of privacy if the subject was arrested as a result | ||||||
15 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
16 | (1) of this subsection (b), "witness" does not include a person | ||||||
17 | who is a victim or who was arrested as a result of the | ||||||
18 | encounter.
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19 | Only recordings or portions of recordings responsive to the | ||||||
20 | request shall be available for inspection or reproduction. Any | ||||||
21 | recording disclosed under the Freedom of Information Act shall | ||||||
22 | be redacted to remove identification of any person that appears | ||||||
23 | on the recording and is not the officer, a subject of the | ||||||
24 | encounter, or directly involved in the encounter. Nothing in | ||||||
25 | this subsection (b) shall require the disclosure of any | ||||||
26 | recording or portion of any recording which would be exempt |
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1 | from disclosure under the Freedom of Information Act. | ||||||
2 | (c) Nothing in this Section shall limit access to a camera | ||||||
3 | recording for the purposes of complying with Supreme Court | ||||||
4 | rules or the rules of evidence.
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5 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
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