Rep. Lisa M. Dugan

Filed: 3/31/2009

 

 


 

 


 
09600HB1057ham003 LRB096 03434 RLC 24892 a

1
AMENDMENT TO HOUSE BILL 1057

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,

 

 

09600HB1057ham003 - 2 - LRB096 03434 RLC 24892 a

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;".