HB3243 100TH GENERAL ASSEMBLY

LRB100 10331 SLF 20520 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3243

Introduced , by Rep. Christine Winger

SYNOPSIS AS INTRODUCED:

50 ILCS 705/10.8 new

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall adopt language to warn bystanders of the rights of law enforcement when photographs or video are taken at a crime or accident scene. Provides that the language adopted shall state that first responders present are authorized to inform a person present at a crime or accident scene that any photograph video or photograph are liable to used and preserved for evidentiary purposes, and may be preserved by law enforcement and may not be deleted. Provides that adopted language shall state that law enforcement has the right to see the photographic or video evidence at the scene and may temporarily take custody of the device to preserve the photograph or video taken that is pertinent to the accident or crime scene. Provides that the Board shall distribute the model language created to law enforcement agencies, fire departments, and emergency medical services agencies of this State. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Police Training Act is amended by adding Section 10.8 as follows:

(50 ILCS 705/10.8 new)

Sec. 10.8. Procedures for law enforcement; photograph or video at scene.

(a) The Board shall adopt model language to warn bystanders of the rights of law enforcement when photographs or video are taken at a crime or accident scene. The Board shall consult with the Office of the State Fire Marshal when adopting language under this Section. The model language shall be available to law enforcement and first responders when:

(1) an event that results in an emergency call for first responders, including law enforcement, firefighters, emergency medical responders, or any combination; and

(2) a person physically present at the crime or accident scene takes photographs or video of:

(i) the crime or accident scene;

(ii) persons injured by the event; or

(iii) items of property physically damaged at the scene.

(b) The language adopted shall provide that first responders present are authorized to inform a person present at a crime or accident scene that any photograph video or photograph:

(1) are liable to used and preserved for evidentiary purposes; and

(2) may be preserved by law enforcement and may not be deleted.

Adopted language shall state that law enforcement has the right to see photographic or video evidence at the scent and may temporarily take custody of the device to preserve the photograph or video taken that is pertinent to the accident or crime scene.

(c) The Board shall distribute the model language created under this Section to law enforcement agencies, fire departments, and emergency medical services agencies of this State.

Section 99. Effective date. This Act takes effect upon becoming law.