Full Text of SB0594 103rd General Assembly
SB0594sam002 103RD GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/5/2024 | | 10300SB0594sam002 | | LRB103 03066 AWJ 71864 a |
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| 1 | | AMENDMENT TO SENATE BILL 594
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 594, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 1, on page 19, line 12, by replacing "Section 10-10" with | 5 | | "Sections 10-10 and 10-20"; and | 6 | | on page 20, by replacing lines 15 through 19 with " Law | 7 | | enforcement officers who are not primarily assigned to perform | 8 | | or respond to law enforcement-related encounters or activities | 9 | | and are not equipped with a body-camera for that reason are not | 10 | | considered to be "in uniform" for purposes of this Act when | 11 | | performing or responding to law enforcement-related encounters | 12 | | or activities due to exigent or emergency circumstances. "; and | 13 | | on page 22, immediately below line 8, by inserting the | 14 | | following: | 15 | | "(50 ILCS 706/10-20) |
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| 1 | | Sec. 10-20. Requirements. | 2 | | (a) The Board shall develop basic guidelines for the use | 3 | | of officer-worn body cameras by law enforcement agencies. The | 4 | | guidelines developed by the Board shall be the basis for the | 5 | | written policy which must be adopted by each law enforcement | 6 | | agency which employs the use of officer-worn body cameras. The | 7 | | written policy adopted by the law enforcement agency must | 8 | | include, at a minimum, all of the following: | 9 | | (1) Cameras must be equipped with pre-event recording, | 10 | | capable of recording at least the 30 seconds prior to | 11 | | camera activation, unless the officer-worn body camera was | 12 | | purchased and acquired by the law enforcement agency prior | 13 | | to July 1, 2015. | 14 | | (2) Cameras must be capable of recording for a period | 15 | | of 10 hours or more, unless the officer-worn body camera | 16 | | was purchased and acquired by the law enforcement agency | 17 | | prior to July 1, 2015. | 18 | | (3) Cameras must be turned on at all times when the | 19 | | officer is in uniform and is responding to calls for | 20 | | service or engaged in any law enforcement-related | 21 | | encounter or activity that occurs while the officer is on | 22 | | duty. | 23 | | (A) If exigent circumstances exist which prevent | 24 | | the camera from being turned on, the camera must be | 25 | | turned on as soon as practicable. | 26 | | (B) Officer-worn body cameras may be turned off |
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| 1 | | when the officer is inside of a patrol car which is | 2 | | equipped with a functioning in-car camera; however, | 3 | | the officer must turn on the camera upon exiting the | 4 | | patrol vehicle for law enforcement-related encounters. | 5 | | (C) Officer-worn body cameras may be turned off | 6 | | when the officer is inside a correctional facility or | 7 | | courthouse which is equipped with a functioning camera | 8 | | system. | 9 | | (4) Cameras must be turned off when: | 10 | | (A) the victim of a crime requests that the camera | 11 | | be turned off, and unless impractical or impossible, | 12 | | that request is made on the recording; | 13 | | (B) a witness of a crime or a community member who | 14 | | wishes to report a crime requests that the camera be | 15 | | turned off, and unless impractical or impossible that | 16 | | request is made on the recording; | 17 | | (C) the officer is interacting with a confidential | 18 | | informant used by the law enforcement agency; or | 19 | | (D) an officer of the Department of Revenue enters | 20 | | a Department of Revenue facility or conducts an | 21 | | interview during which return information will be | 22 | | discussed or visible. | 23 | | However, an officer may continue to record or resume | 24 | | recording a victim or a witness, if exigent circumstances | 25 | | exist, or if the officer has reasonable articulable | 26 | | suspicion that a victim or witness, or confidential |
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| 1 | | informant has committed or is in the process of committing | 2 | | a crime. Under these circumstances, and unless impractical | 3 | | or impossible, the officer must indicate on the recording | 4 | | the reason for continuing to record despite the request of | 5 | | the victim or witness. | 6 | | (4.5) Cameras may be turned off when the officer is | 7 | | engaged in community caretaking functions. However, the | 8 | | camera must be turned on when the officer has reason to | 9 | | believe that the person on whose behalf the officer is | 10 | | performing a community caretaking function has committed | 11 | | or is in the process of committing a crime. If exigent | 12 | | circumstances exist which prevent the camera from being | 13 | | turned on, the camera must be turned on as soon as | 14 | | practicable. | 15 | | (5) The officer must provide notice of recording to | 16 | | any person if the person has a reasonable expectation of | 17 | | privacy and proof of notice must be evident in the | 18 | | recording. If exigent circumstances exist which prevent | 19 | | the officer from providing notice, notice must be provided | 20 | | as soon as practicable. | 21 | | (6) (A) For the purposes of redaction or duplicating | 22 | | recordings, access to camera recordings shall be | 23 | | restricted to only those personnel responsible for those | 24 | | purposes. The recording officer or his or her supervisor | 25 | | may not redact, duplicate, or otherwise alter the | 26 | | recording officer's camera recordings. Except as otherwise |
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| 1 | | provided in this Section, the recording officer and his or | 2 | | her supervisor may access and review recordings prior to | 3 | | completing incident reports or other documentation, | 4 | | provided that the supervisor discloses that fact in the | 5 | | report or documentation. | 6 | | (i) A law enforcement officer shall not have | 7 | | access to or review his or her body-worn camera | 8 | | recordings or the body-worn camera recordings of | 9 | | another officer prior to completing incident reports | 10 | | or other documentation when the officer: | 11 | | (a) has been involved in or is a witness to an | 12 | | officer-involved shooting, use of deadly force | 13 | | incident, or use of force incidents resulting in | 14 | | great bodily harm; | 15 | | (b) is ordered to write a report in response | 16 | | to or during the investigation of a misconduct | 17 | | complaint against the officer. | 18 | | (ii) If the officer subject to subparagraph (i) | 19 | | prepares a report, any report shall be prepared | 20 | | without viewing body-worn camera recordings, and | 21 | | subject to supervisor's approval, officers may file | 22 | | amendatory reports after viewing body-worn camera | 23 | | recordings. Supplemental reports under this provision | 24 | | shall also contain documentation regarding access to | 25 | | the video footage. | 26 | | (B) The recording officer's assigned field |
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| 1 | | training officer may access and review recordings for | 2 | | training purposes. Any detective or investigator | 3 | | directly involved in the investigation of a matter may | 4 | | access and review recordings which pertain to that | 5 | | investigation but may not have access to delete or | 6 | | alter such recordings. | 7 | | (7) Recordings made on officer-worn cameras must be | 8 | | retained by the law enforcement agency or by the camera | 9 | | vendor used by the agency, on a recording medium for a | 10 | | minimum period of 90 days and no longer than 2 years unless | 11 | | flagged . | 12 | | (A) Under no circumstances shall any recording, | 13 | | except for a non-law enforcement related activity or | 14 | | encounter, made with an officer-worn body camera be | 15 | | altered, erased, or destroyed prior to the expiration | 16 | | of the 90-day storage period. In the event any | 17 | | recording made with an officer-worn body camera is | 18 | | altered, erased, or destroyed prior to the expiration | 19 | | of the 90-day storage period, the law enforcement | 20 | | agency shall maintain, for a period of one year, a | 21 | | written record including (i) the name of the | 22 | | individual who made such alteration, erasure, or | 23 | | destruction, and (ii) the reason for any such | 24 | | alteration, erasure, or destruction. | 25 | | (B) Following the 90-day storage period, any and | 26 | | all recordings made with an officer-worn body camera |
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| 1 | | must be destroyed, unless any encounter captured on | 2 | | the recording has been flagged. An encounter is deemed | 3 | | to be flagged when: | 4 | | (i) a formal or informal complaint has been | 5 | | filed; | 6 | | (ii) the officer discharged his or her firearm | 7 | | or used force during the encounter; | 8 | | (iii) death or great bodily harm occurred to | 9 | | any person in the recording; | 10 | | (iv) the encounter resulted in a detention or | 11 | | an arrest, excluding traffic stops which resulted | 12 | | in only a minor traffic offense or business | 13 | | offense; | 14 | | (v) the officer is the subject of an internal | 15 | | investigation or otherwise being investigated for | 16 | | possible misconduct; | 17 | | (vi) the supervisor of the officer, | 18 | | prosecutor, defendant, or court determines that | 19 | | the encounter has evidentiary value in a criminal | 20 | | prosecution; or | 21 | | (vii) the recording officer requests that the | 22 | | video be flagged for official purposes related to | 23 | | his or her official duties or believes it may have | 24 | | evidentiary value in a criminal prosecution. | 25 | | (C) Under no circumstances shall any recording | 26 | | made with an officer-worn body camera relating to a |
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| 1 | | flagged encounter be altered or destroyed prior to 2 | 2 | | years after the recording was flagged. If the flagged | 3 | | recording was used in a criminal, civil, or | 4 | | administrative proceeding, the recording shall not be | 5 | | destroyed except upon a final disposition and order | 6 | | from the court. | 7 | | (D) Nothing in this Act prohibits law enforcement | 8 | | agencies from labeling officer-worn body camera video | 9 | | within the recording medium; provided that the | 10 | | labeling does not alter the actual recording of the | 11 | | incident captured on the officer-worn body camera. The | 12 | | labels, titles, and tags shall not be construed as | 13 | | altering the officer-worn body camera video in any | 14 | | way. | 15 | | (8) Following the 90-day minimum storage period, | 16 | | recordings may be retained if a supervisor at the law | 17 | | enforcement agency designates the recording for training | 18 | | purposes. If the recording is designated for training | 19 | | purposes, the recordings may be viewed by officers, in the | 20 | | presence of a supervisor or training instructor, for the | 21 | | purposes of instruction, training, or ensuring compliance | 22 | | with agency policies. | 23 | | (9) Recordings shall not be used to discipline law | 24 | | enforcement officers unless: | 25 | | (A) a formal or informal complaint of misconduct | 26 | | has been made; |
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| 1 | | (B) a use of force incident has occurred; | 2 | | (C) the encounter on the recording could result in | 3 | | a formal investigation under the Uniform Peace | 4 | | Officers' Disciplinary Act; or | 5 | | (D) as corroboration of other evidence of | 6 | | misconduct. | 7 | | Nothing in this paragraph (9) shall be construed to | 8 | | limit or prohibit a law enforcement officer from being | 9 | | subject to an action that does not amount to discipline. | 10 | | (10) The law enforcement agency shall ensure proper | 11 | | care and maintenance of officer-worn body cameras. Upon | 12 | | becoming aware, officers must as soon as practical | 13 | | document and notify the appropriate supervisor of any | 14 | | technical difficulties, failures, or problems with the | 15 | | officer-worn body camera or associated equipment. Upon | 16 | | receiving notice, the appropriate supervisor shall make | 17 | | every reasonable effort to correct and repair any of the | 18 | | officer-worn body camera equipment. | 19 | | (11) No officer may hinder or prohibit any person, not | 20 | | a law enforcement officer, from recording a law | 21 | | enforcement officer in the performance of his or her | 22 | | duties in a public place or when the officer has no | 23 | | reasonable expectation of privacy. The law enforcement | 24 | | agency's written policy shall indicate the potential | 25 | | criminal penalties, as well as any departmental | 26 | | discipline, which may result from unlawful confiscation or |
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| 1 | | destruction of the recording medium of a person who is not | 2 | | a law enforcement officer. However, an officer may take | 3 | | reasonable action to maintain safety and control, secure | 4 | | crime scenes and accident sites, protect the integrity and | 5 | | confidentiality of investigations, and protect the public | 6 | | safety and order. | 7 | | (b) Recordings made with the use of an officer-worn body | 8 | | camera are not subject to disclosure under the Freedom of | 9 | | Information Act, except that: | 10 | | (1) if the subject of the encounter has a reasonable | 11 | | expectation of privacy, at the time of the recording, any | 12 | | recording which is flagged , due to the filing of a | 13 | | complaint, discharge of a firearm, use of force, arrest or | 14 | | detention, or resulting death or bodily harm , shall be | 15 | | disclosed in accordance with the Freedom of Information | 16 | | Act if the subject of the encounter captured on the | 17 | | recording or the subject's legal representative gives | 18 | | written permission for the release; : | 19 | | (A) the subject of the encounter captured on the | 20 | | recording is a victim or witness; and | 21 | | (B) the law enforcement agency obtains written | 22 | | permission of the subject or the subject's legal | 23 | | representative; | 24 | | (2) (blank); and except as provided in paragraph (1) | 25 | | of this subsection (b), any recording which is flagged due | 26 | | to the filing of a complaint, discharge of a firearm, use |
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| 1 | | of force, arrest or detention, or resulting death or | 2 | | bodily harm shall be disclosed in accordance with the | 3 | | Freedom of Information Act; and | 4 | | (3) upon request, the law enforcement agency shall | 5 | | disclose, in accordance with the Freedom of Information | 6 | | Act, the recording to the subject of the encounter | 7 | | captured on the recording or to the subject's attorney, or | 8 | | the officer or his or her legal representative. | 9 | | For the purposes of paragraph (1) of this subsection (b), | 10 | | the subject of the encounter does not have a reasonable | 11 | | expectation of privacy if the subject was arrested as a result | 12 | | of the encounter. For purposes of subparagraph (A) of | 13 | | paragraph (1) of this subsection (b), "witness" does not | 14 | | include a person who is a victim or who was arrested as a | 15 | | result of the encounter. | 16 | | Only recordings or portions of recordings responsive to | 17 | | the request shall be available for inspection or reproduction. | 18 | | Any recording disclosed under the Freedom of Information Act | 19 | | shall be redacted to remove identification of any person that | 20 | | appears on the recording and is not the officer, a subject of | 21 | | the encounter, or directly involved in the encounter. Nothing | 22 | | in this subsection (b) shall require the disclosure of any | 23 | | recording or portion of any recording which would be exempt | 24 | | from disclosure under the Freedom of Information Act. | 25 | | (c) Nothing in this Section shall limit access to a camera | 26 | | recording for the purposes of complying with Supreme Court |
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| 1 | | rules or the rules of evidence. | 2 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | 3 | | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. | 4 | | 12-6-22.)". |
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