Full Text of HB1509 103rd General Assembly
HB1509 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1509 Introduced 1/31/2023, by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
| 210 ILCS 32/35 new | | 210 ILCS 45/3-801.3 new | | 210 ILCS 165/35 new | |
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Amends the Nursing Home Care Act, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, and the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that, on and after January 1, 2024, long-term care facilities, nursing homes, community-integrated living arrangements, and developmental disability facilities shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each vehicle owned or operated by the long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility. Requires in-car video camera recording under specified situations. Requires a recording medium containing each in-car video camera recording to be retained for a period of at least 365 days. Provides that a long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. Contains other provisions.
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| | A BILL FOR |
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| | | HB1509 | | LRB103 05316 CPF 50334 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Authorized Electronic Monitoring in | 5 | | Long-Term Care Facilities Act is amended by adding Section 35 | 6 | | as follows: | 7 | | (210 ILCS 32/35 new) | 8 | | Sec. 35. Video and audio in facility vehicles. | 9 | | (a) In this Section: | 10 | | "Audio recording" means a recorded conversation between a | 11 | | facility employee and a resident. | 12 | | "Facility vehicle" means a vehicle owned or operated by a | 13 | | facility. | 14 | | "In-car video camera" means a recording device in a | 15 | | vehicle. | 16 | | "Recording" means the process of capturing video and audio | 17 | | data or information that is stored on a recording medium. | 18 | | "Recording medium" means any medium for the retention and | 19 | | playback of recorded audio and video, including, but not | 20 | | limited to, a VHS, DVD, hard drive, or solid state, digital, or | 21 | | flash memory technology. | 22 | | (b) On and after January 1, 2024, a facility shall equip | 23 | | in-car video camera recording equipment with a recording |
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| 1 | | medium capable of recording for a period of 24 hours or more in | 2 | | each facility vehicle. | 3 | | (c) In-car video camera recording must occur whenever any | 4 | | of the following occur: | 5 | | (1) A facility employee and a resident are inside a | 6 | | facility vehicle. | 7 | | (2) A resident is inside a facility vehicle. | 8 | | (3) A facility employee is operating a facility | 9 | | vehicle. | 10 | | (d) A recording medium containing each in-car video camera | 11 | | recording shall be retained by the facility for a period of at | 12 | | least 365 days. Under no circumstances shall any in-car video | 13 | | camera recording be altered or erased prior to the expiration | 14 | | of the 365-day retention period. After the 365-day retention | 15 | | period has elapsed, the in-car video camera recording may be | 16 | | erased and the recording medium reissued for operational use, | 17 | | unless otherwise ordered by a court. | 18 | | (e) A facility shall ensure proper care and maintenance of | 19 | | in-car video camera recording equipment and recording mediums. | 20 | | A facility employee who operates a facility vehicle must | 21 | | immediately document and notify the employee's supervisor of | 22 | | any technical difficulty, failure, or problem with a facility | 23 | | vehicle's in-car video camera recording equipment or a | 24 | | recording medium. Upon receiving notice, the facility | 25 | | employee's supervisor shall make every reasonable effort to | 26 | | correct and repair the in-car video camera recording equipment |
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| 1 | | or recording medium and determine whether it is in the public | 2 | | interest to permit the use of the facility vehicle. | 3 | | Section 10. The Nursing Home Care Act is amended by adding | 4 | | Section 3-801.3 as follows: | 5 | | (210 ILCS 45/3-801.3 new) | 6 | | Sec. 3-801.3. Video and audio in facility vehicles. | 7 | | (a) In this Section: | 8 | | "Audio recording" means a recorded conversation between a | 9 | | facility employee and a resident. | 10 | | "Facility vehicle" means a vehicle owned or operated by a | 11 | | facility. | 12 | | "In-car video camera" means a recording device in a | 13 | | vehicle. | 14 | | "Recording" means the process of capturing video and audio | 15 | | data or information that is stored on a recording medium. | 16 | | "Recording medium" means any medium for the retention and | 17 | | playback of recorded audio and video, including, but not | 18 | | limited to, a VHS, DVD, hard drive, or solid state, digital, or | 19 | | flash memory technology. | 20 | | (b) On and after January 1, 2024, a facility shall equip | 21 | | in-car video camera recording equipment with a recording | 22 | | medium capable of recording for a period of 24 hours or more in | 23 | | each facility vehicle. | 24 | | (c) In-car video camera recording must occur whenever any |
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| 1 | | of the following occur: | 2 | | (1) A facility employee and a resident are inside a | 3 | | facility vehicle. | 4 | | (2) A resident is inside a facility vehicle. | 5 | | (3) A facility employee is operating a facility | 6 | | vehicle. | 7 | | (d) A recording medium containing each in-car video camera | 8 | | recording shall be retained by the facility for a period of at | 9 | | least 365 days. Under no circumstances shall any in-car video | 10 | | camera recording be altered or erased prior to the expiration | 11 | | of the 365-day retention period. After the 365-day retention | 12 | | period has elapsed, the in-car video camera recording may be | 13 | | erased and the recording medium reissued for operational use, | 14 | | unless otherwise ordered by a court. | 15 | | (e) A facility shall ensure proper care and maintenance of | 16 | | in-car video camera recording equipment and recording mediums. | 17 | | A facility employee who operates a facility vehicle must | 18 | | immediately document and notify the employee's supervisor of | 19 | | any technical difficulty, failure, or problem with a facility | 20 | | vehicle's in-car video camera recording equipment or a | 21 | | recording medium. Upon receiving notice, the facility | 22 | | employee's supervisor shall make every reasonable effort to | 23 | | correct and repair the in-car video camera recording equipment | 24 | | or recording medium and determine whether it is in the public | 25 | | interest to permit the use of the facility vehicle. |
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| 1 | | Section 15. The Authorized Electronic Monitoring in | 2 | | Community-Integrated Living Arrangements and Developmental | 3 | | Disability Facilities Act is amended by adding Section 35 as | 4 | | follows: | 5 | | (210 ILCS 165/35 new) | 6 | | Sec. 35. Video and audio in community-integrated living | 7 | | arrangement and developmental disability facility vehicles. | 8 | | (a) In this Section: | 9 | | "Audio recording" means a recorded conversation between a | 10 | | facility employee and a resident. | 11 | | "Facility" means a community-integrated living arrangement | 12 | | or developmental disability facility. | 13 | | "Facility vehicle" means a vehicle owned or operated by a | 14 | | facility. | 15 | | "In-car video camera" means a recording device in a | 16 | | vehicle. | 17 | | "Recording" means the process of capturing video and audio | 18 | | data or information that is stored on a recording medium. | 19 | | "Recording medium" means any medium for the retention and | 20 | | playback of recorded audio and video, including, but not | 21 | | limited to, a VHS, DVD, hard drive, or solid state, digital, or | 22 | | flash memory technology. | 23 | | (b) On and after January 1, 2024, a facility shall equip | 24 | | in-car video camera recording equipment with a recording | 25 | | medium capable of recording for a period of 24 hours or more in |
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| 1 | | each facility vehicle. | 2 | | (c) In-car video camera recording must occur whenever any | 3 | | of the following occur: | 4 | | (1) A facility employee and a resident are inside a | 5 | | facility vehicle. | 6 | | (2) A resident is inside a facility vehicle. | 7 | | (3) A facility employee is operating a facility | 8 | | vehicle. | 9 | | (d) A recording medium containing each in-car video camera | 10 | | recording shall be retained by the facility for a period of at | 11 | | least 365 days. Under no circumstances shall any in-car video | 12 | | camera recording be altered or erased prior to the expiration | 13 | | of the 365-day retention period. After the 365-day retention | 14 | | period has elapsed, the in-car video camera recording may be | 15 | | erased and the recording medium reissued for operational use, | 16 | | unless otherwise ordered by a court. | 17 | | (e) A facility shall ensure proper care and maintenance of | 18 | | in-car video camera recording equipment and recording mediums. | 19 | | A facility employee who operates a facility vehicle must | 20 | | immediately document and notify the employee's supervisor of | 21 | | any technical difficulty, failure, or problem with a facility | 22 | | vehicle's in-car video camera recording equipment or a | 23 | | recording medium. Upon receiving notice, the facility | 24 | | employee's supervisor shall make every reasonable effort to | 25 | | correct and repair the in-car video camera recording equipment | 26 | | or recording medium and determine whether it is in the public |
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| 1 | | interest to permit the use of the facility vehicle.
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