Rep. Lisa M. Dugan
Filed: 3/31/2009
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| 1 | AMENDMENT TO HOUSE BILL 1057
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| 2 | AMENDMENT NO. ______. Amend House Bill 1057 on page 5, by | ||||||
| 3 | replacing lines 16 through 26 with the following: | ||||||
| 4 | "(h) Recordings made simultaneously with the use of an | ||||||
| 5 | in-car video camera a video recording of an oral
conversation | ||||||
| 6 | between a uniformed peace officer, who has identified his or | ||||||
| 7 | her office, and
a person in the presence of the peace officer | ||||||
| 8 | whenever (i) an officer assigned a patrol vehicle is conducting | ||||||
| 9 | an enforcement stop; (ii) patrol vehicle emergency lights are | ||||||
| 10 | activated or would otherwise be activated if not for the need | ||||||
| 11 | to conceal the presence of law enforcement; or (iii) an officer | ||||||
| 12 | reasonably believes recording may assist with prosecution, | ||||||
| 13 | enhance safety, or for any other lawful purpose. | ||||||
| 14 | For the purposes of this subsection (h), "enforcement stop" | ||||||
| 15 | means an action by a law enforcement officer in relation to | ||||||
| 16 | enforcement and investigation duties, including but not | ||||||
| 17 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
| 18 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
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| 1 | roadside safety checks, requests for identification, or | ||||||
| 2 | responses to requests for emergency assistance; | ||||||
| 3 | (h-5) Recordings of utterances made by a person while in | ||||||
| 4 | the presence of a uniformed peace officer and while an occupant | ||||||
| 5 | of a police vehicle including, but not limited to, (i) | ||||||
| 6 | recordings made simultaneously with the use of an in-car video | ||||||
| 7 | camera and (ii) recordings made in the presence of the peace | ||||||
| 8 | officer utilizing video or audio systems, or both, authorized | ||||||
| 9 | by the law enforcement agency; | ||||||
| 10 | (h-10) Recordings made simultaneously with a video camera | ||||||
| 11 | recording during
the use of a taser or similar weapon or device | ||||||
| 12 | by a peace officer if the weapon or device is equipped with | ||||||
| 13 | such camera; | ||||||
| 14 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
| 15 | (h-10) shall be retained by the law enforcement agency that | ||||||
| 16 | employs the peace officer who made the recordings for a storage | ||||||
| 17 | period of 90 days, unless the recordings are made as a part of | ||||||
| 18 | an arrest or the recordings are deemed evidence in any | ||||||
| 19 | criminal, civil, or administrative proceeding and then the | ||||||
| 20 | recordings must only be destroyed upon a final disposition and | ||||||
| 21 | an order from the court. Under no circumstances shall any | ||||||
| 22 | recording be altered or erased prior to the expiration of the | ||||||
| 23 | designated storage period. Upon completion of the storage | ||||||
| 24 | period, the recording medium may be erased and reissued for | ||||||
| 25 | operational use stopped for an investigation of an offense | ||||||
| 26 | under the Illinois Vehicle
Code;".
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