HB4604ham001 103RD GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 5/23/2024

10300HB4604ham001 LRB103 36026 AWJ 73431 a

AMENDMENT TO HOUSE BILL 4604

AMENDMENT NO. ______. Amend House Bill 4604 by replacing everything after the enacting clause with the following:

"Section 5. The Law Enforcement Camera Grant Act is amended by changing Sections 10, 15, and 20 and by adding Sections 23 and 30 as follows:

(50 ILCS 707/10)

Sec. 10. Law Enforcement Camera Grant Fund; creation, rules.

(a) The Law Enforcement Camera Grant Fund is created as a special fund in the State treasury. From appropriations to the Board from the Fund, the Board must make grants to units of local government in Illinois and Illinois public universities for the purpose of (1) purchasing or leasing in-car video cameras for use in law enforcement vehicles, (2) purchasing or leasing officer-worn body cameras and associated technology for law enforcement officers, and (3) training for law enforcement officers in the operation of the cameras. Grants under this Section may be used to offset data storage and related licensing and software costs for officer-worn body cameras. For a unit of local government with 20 or less sworn police officers, the Board may make a grant to the unit of local government in advance of purchasing or leasing in-car video cameras, officer-worn body cameras, and associated technology that can be used to purchase or lease the cameras or associated technology.

Moneys received for the purposes of this Section, including, without limitation, fee receipts and gifts, grants, and awards from any public or private entity, must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund.

(b) The Board may set requirements for the distribution of grant moneys and determine which law enforcement agencies are eligible.

(b-5) The Board shall consider compliance with the Uniform Crime Reporting Act as a factor in awarding grant moneys.

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank).

(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)

(50 ILCS 707/15)

Sec. 15. Rules; in-car video camera grants.

(a) The Board shall develop model rules for the use of in-car video cameras to be adopted by law enforcement agencies that receive grants under Section 10 of this Act. The rules shall include all of the following requirements:

(1) Cameras must be installed in the law enforcement agency vehicles.

(2) Video recording must provide audio of the officer when the officer is outside of the vehicle.

(3) Camera access must be restricted to the supervisors of the officer in the vehicle.

(4) Cameras must be turned on continuously throughout the officer's shift.

(5) A copy of the video record must be made available upon request to personnel of the law enforcement agency, the local State's Attorney, and any individuals party to a stop persons depicted in the video. Procedures for distribution of the video record must include safeguards to protect the identities of individuals who are not a party to the requested stop and to provide a reasonable expectation of privacy to individuals party to the stop.

(6) Law enforcement agencies that receive moneys under this grant shall provide for storage of the video records for a period of not less than 2 years.

(b) Each law enforcement agency receiving a grant for in-car video cameras under Section 10 of this Act must provide an annual report to the Board, the Governor, and the General Assembly on or before May 1 of the year following the receipt of the grant and by each May 1 thereafter during the period of the grant. The report shall include the following:

(1) the number of cameras purchased or leased received by the law enforcement agency;

(2) the number of cameras actually installed in law enforcement agency vehicles;

(2.5) the number of cameras damaged, replaced, and not in service within the previous year and, if applicable, the costs incurred related to the cameras damaged, replaced, or not in service;

(3) a brief description of the review process used by supervisors within the law enforcement agency;

(4) a list of all any criminal, traffic, ordinance, and civil cases in which in-car video recordings were used, including party names, case numbers and , offenses charged, and disposition of the matter. Proceedings to which this paragraph (4) applies include, but are not limited to, court proceedings, coroner's inquests, grand jury proceedings, and plea bargains; and

(5) any other information relevant to the administration of the program.

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

(50 ILCS 707/20)

Sec. 20. Rules; officer body-worn camera grants.

(a) The Board shall develop model rules for the use of officer body-worn cameras to be adopted by law enforcement agencies that receive grants under Section 10 of this Act, including that a copy of a video record must be made available upon request to personnel of the law enforcement agency, the local State's Attorney, and any individuals party to a law enforcement-related encounter or activity and that the procedures for distribution of the video record must include safeguards to protect the identities of individuals not a party to the law enforcement-related encounter or activity and to provide a reasonable expectation of privacy to individuals party involved. The rules shall comply with the Law Enforcement Officer-Worn Body Camera Act.

(b) Each law enforcement agency receiving a grant for officer-worn body cameras under Section 10 of this Act must provide an annual report to the Board, the Governor, and the General Assembly on or before May 1 of the year following the receipt of the grant and by each May 1 thereafter during the period of the grant. The report shall include:

(1) a brief overview of the makeup of the agency, including the number of cameras purchased or leased and the number of officers utilizing officer-worn body cameras;

(2) a list of all officer-initiated encounters and encounters based on calls for service involving domestic abuse, mental illness, sexual assault, high-risk traffic stops, and fatal use of force cases, including case numbers and offenses charged the number of officer-worn body cameras utilized by the law enforcement agency;

(3) any technical issues with the equipment and how those issues were remedied;

(3) (4) a brief description of the review process used by supervisors within the law enforcement agency; and

(5) for each recording used in prosecutions of conservation, criminal, or traffic offenses or municipal ordinance violations:

(A) the time, date, and location of the incident; and

(B) the offenses charged and the date charges were filed;

(6) for a recording used in a civil proceeding or internal affairs investigation:

(A) the number of pending civil proceedings and internal investigations;

(B) in resolved civil proceedings and pending investigations:

(i) the nature of the complaint or allegations;

(ii) the disposition, if known; and

(iii) the date, time and location of the incident; and

(4) (7) any other information relevant to the administration of the program.

(c) On or before July 30 of each year, the Board must analyze the law enforcement agency reports and provide an annual report to the General Assembly and the Governor.

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

(50 ILCS 707/23 new)

Sec. 23. Eligibility for grants; training requirements. Notwithstanding any other provision of law or rule, a law enforcement agency shall not be required to indicate either of the following in order to be eligible to receive a grant under this Act: (i) that all active law enforcement officers reflected on the agency roster subject to the mandated training requirements of Section 7 of the Police Training Act are compliant with all Board training requirements at the time of award; or (ii) that any officer that is not compliant with the mandated training requirements of Section 7 of the Police Training Act must be listed as inactive upon reporting the date the officer left service, the officer's expected date of return, the reason for leaving service, and an acknowledgment that all outstanding training will be completed within 60 days of return.

(50 ILCS 707/30 new)

Sec. 30. Law Enforcement Camera Grant Portal.

(a) The Board shall establish the Law Enforcement Camera Grant Portal on its website. The Portal shall include dedicated contact information where applicants may obtain assistance relating to the procedures required under this Act and grants awarded under this Act, a list of documents required at the time of application, and a list of allowable costs, including permissible cameras or associated technology allowed by this Act.

(b) The Board shall create a video tutorial addressing how to apply for grants under this Act and include the tutorial in the Portal.".