Full Text of HB3347 102nd General Assembly
HB3347 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3347 Introduced 2/22/2021, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 50 ILCS 706/10-10 | | 50 ILCS 706/10-20 | | 50 ILCS 706/10-25 | |
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Amends the Law Enforcement Officer-Worn Body Camera Act concerning procedures for the use of officer-worn body cameras. Effective January 1, 2022.
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| | A BILL FOR |
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| 1 | | AN ACT concerning law enforcement.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Law Enforcement Officer-Worn Body Camera | 5 | | Act is amended by changing Sections 10-10, 10-20, and 10-25 as | 6 | | follows: | 7 | | (50 ILCS 706/10-10)
| 8 | | Sec. 10-10. Definitions. As used in this Act: | 9 | | "Badge" means an officer's department issued | 10 | | identification number associated with his or her position as a | 11 | | police officer with that department. | 12 | | "Board" means the Illinois Law Enforcement Training | 13 | | Standards Board created by the Illinois Police Training Act. | 14 | | "Business offense" means a petty offense for which the | 15 | | fine is in excess of $1,000. | 16 | | "Community engagement caretaking function" means a task | 17 | | undertaken by a law enforcement officer in which the officer | 18 | | is performing an articulable act unrelated to the | 19 | | investigation of a crime. "Community engagement caretaking | 20 | | function" may include includes , but is not limited to, | 21 | | participating in town halls or other community outreach | 22 | | programs , helping a child find his or her parents, providing | 23 | | death notifications, and performing in-home or hospital |
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| 1 | | well-being checks on the sick, elderly, or persons presumed | 2 | | missing. | 3 | | "Fund" means the Law Enforcement Camera Grant Fund.
| 4 | | "In uniform" means a law enforcement officer who is | 5 | | wearing any officially authorized uniform designated by a law | 6 | | enforcement agency, or a law enforcement officer who is | 7 | | visibly wearing articles of clothing, a badge, tactical gear, | 8 | | gun belt, a patch, or other insignia that he or she is a law | 9 | | enforcement officer acting in the course of his or her duties. | 10 | | "Law enforcement officer" or "officer" means any person | 11 | | employed by a State, county, municipality, special district, | 12 | | college, unit of government, or any other entity authorized by | 13 | | law to employ peace officers or exercise police authority and | 14 | | who is primarily responsible for the prevention or detection | 15 | | of crime and the enforcement of the laws of this State. | 16 | | "Law enforcement agency" means all State agencies with law | 17 | | enforcement officers, county sheriff's offices, municipal, | 18 | | special district, college, or unit of local government police | 19 | | departments. | 20 | | "Law enforcement-related encounters or activities" | 21 | | include, but are not limited to, traffic stops, pedestrian | 22 | | stops, arrests, searches, interrogations, investigations, | 23 | | pursuits, crowd control, traffic control, non-community | 24 | | engagement caretaking interactions with an individual while on | 25 | | patrol, or any other instance in which the officer is | 26 | | enforcing the laws of the municipality, county, or State. "Law |
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| 1 | | enforcement-related encounter or activities" does not include | 2 | | when the officer is completing paperwork alone or only in the | 3 | | presence of another law enforcement officer. | 4 | | "Minor traffic offense" means a petty offense, business | 5 | | offense, or Class C misdemeanor under the Illinois Vehicle | 6 | | Code or a similar provision of a municipal or local ordinance. | 7 | | "Officer-worn body camera" means an electronic camera | 8 | | system for creating, generating, sending, receiving, storing, | 9 | | displaying, and processing audiovisual recordings that may be | 10 | | worn about the person of a law enforcement officer. | 11 | | "Peace officer" has the meaning provided in Section 2-13 | 12 | | of the Criminal Code of 2012. | 13 | | "Petty offense" means any offense for which a sentence of | 14 | | imprisonment is not an authorized disposition. | 15 | | "Recording" means the process of capturing data or | 16 | | information stored on a recording medium as required under | 17 | | this Act.
| 18 | | "Recording medium" means any recording medium authorized | 19 | | by the Board for the retention and playback of recorded audio | 20 | | and video including, but not limited to, VHS, DVD, hard drive, | 21 | | cloud storage, solid state, digital, flash memory technology, | 22 | | or any other electronic medium.
| 23 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.) | 24 | | (50 ILCS 706/10-20)
| 25 | | Sec. 10-20. Requirements. |
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| 1 | | (a) The Board shall develop basic guidelines for the use | 2 | | of officer-worn body cameras by law enforcement agencies. The | 3 | | guidelines developed by the Board shall be the basis for the | 4 | | written policy which must be adopted by each law enforcement | 5 | | agency which employs the use of officer-worn body cameras. The | 6 | | written policy adopted by the law enforcement agency must | 7 | | include, at a minimum, all of the following: | 8 | | (1) Cameras must be equipped with pre-event recording, | 9 | | capable of recording at least the 30 seconds prior to | 10 | | camera activation, unless the officer-worn body camera was | 11 | | purchased and acquired by the law enforcement agency prior | 12 | | to July 1, 2015. | 13 | | (2) Cameras must be capable of recording for a period | 14 | | of 10 hours or more, unless the officer-worn body camera | 15 | | was purchased and acquired by the law enforcement agency | 16 | | prior to July 1, 2015. | 17 | | (3) If deploying a camera, the camera Cameras must be | 18 | | turned on at all times when the officer is in uniform and | 19 | | is responding to calls for service or engaged in any law | 20 | | enforcement-related encounter or activity, that occurs | 21 | | while the officer is on duty. | 22 | | (A) If exigent circumstances exist which prevent | 23 | | the camera from being turned on, the camera must be | 24 | | turned on as soon as practicable. | 25 | | (B) Officer-worn body cameras may be turned off | 26 | | when the officer is inside of a patrol car which is |
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| 1 | | equipped with a functioning in-car camera; however, | 2 | | the officer must turn on the camera upon exiting the | 3 | | patrol vehicle for law enforcement-related encounters. | 4 | | (C) Officer-worn body cameras may be turned off
| 5 | | when the officer is inside a correctional facility | 6 | | which is equipped with a functioning camera system. | 7 | | (4) Cameras must be turned off when:
| 8 | | (A) (blank); the victim of a crime requests that | 9 | | the camera be turned off, and unless impractical or | 10 | | impossible, that request is made on the recording; | 11 | | (B) a witness of a crime or a community member who | 12 | | wishes to report a crime requests that the camera be | 13 | | turned off, and unless impractical or impossible that | 14 | | request is made on the recording; or
| 15 | | (C) the officer is interacting with a confidential | 16 | | informant used by the law enforcement agency. | 17 | | However, an officer may continue to record or resume | 18 | | recording a victim or a witness, if exigent circumstances | 19 | | exist, or if the officer has reasonable articulable | 20 | | suspicion that a victim or witness, or confidential | 21 | | informant has committed or is in the process of committing | 22 | | a crime. Under these circumstances, and unless impractical | 23 | | or impossible, the officer must indicate on the recording | 24 | | the reason for continuing to record despite the request of | 25 | | the victim or witness. | 26 | | (4.5) Cameras may be turned off when the officer is |
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| 1 | | engaged in community engagement caretaking functions. | 2 | | However, the camera must be turned on when the officer has | 3 | | reason to believe that the person on whose behalf the | 4 | | officer is performing a community engagement caretaking | 5 | | function has committed or is in the process of committing | 6 | | a crime. If exigent circumstances exist which prevent the | 7 | | camera from being turned on, the camera must be turned on | 8 | | as soon as practicable. | 9 | | (5) The officer , if not in uniform, must provide | 10 | | notice of recording to any person if the person has a | 11 | | reasonable expectation of privacy and proof of notice must | 12 | | be evident in the recording.
If exigent circumstances | 13 | | exist which prevent the officer from providing notice, | 14 | | notice must be provided as soon as practicable. | 15 | | (6) For the purposes of redaction, labeling, or | 16 | | duplicating recordings, access to camera recordings shall | 17 | | be restricted to only those personnel responsible for | 18 | | those purposes. The recording officer and his or her | 19 | | supervisor may access and review recordings prior to | 20 | | completing incident reports or other documentation, | 21 | | provided that the officer or his or her supervisor | 22 | | discloses that fact in the report or documentation. The | 23 | | recording officer's assigned field training officer may | 24 | | access and review recordings for training purposes. Any | 25 | | law enforcement officer directly involved in the | 26 | | investigation of a matter may access and review recordings |
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| 1 | | which pertain to that investigation. | 2 | | (7) Recordings made on officer-worn cameras must be | 3 | | retained by the law enforcement agency or by the camera | 4 | | vendor used by the agency, on a recording medium for a | 5 | | period of 90 days. | 6 | | (A) Under no circumstances shall any recording | 7 | | made with an officer-worn body camera be altered, | 8 | | erased, or destroyed prior to the expiration of the | 9 | | 90-day storage period , except in incidents where the | 10 | | recordings are clearly not of a law enforcement action | 11 | | or event .
| 12 | | (B) Following the 90-day storage period, any and | 13 | | all recordings made with an officer-worn body camera | 14 | | must be destroyed, unless any encounter captured on | 15 | | the recording has been flagged. An encounter is deemed | 16 | | to be flagged when:
| 17 | | (i) a formal investigation or informal inquiry | 18 | | has commenced, as defined in the Uniform Peace | 19 | | Officers' Disciplinary Act complaint has been | 20 | | filed ; | 21 | | (ii) the officer discharged his or her firearm | 22 | | or used force during the encounter;
| 23 | | (iii) death or great bodily harm occurred to | 24 | | any person in the recording;
| 25 | | (iv) the encounter resulted in a detention or | 26 | | an arrest, excluding traffic stops which resulted |
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| 1 | | in only a minor traffic offense or business | 2 | | offense; | 3 | | (v) the officer is the subject of an internal | 4 | | investigation or otherwise being investigated for | 5 | | possible misconduct;
| 6 | | (vi) the supervisor of the officer, | 7 | | prosecutor, defendant, or court determines that | 8 | | the encounter has evidentiary value in a criminal | 9 | | prosecution; or | 10 | | (vii) the recording officer requests that the | 11 | | video be flagged for official purposes related to | 12 | | his or her official duties. | 13 | | (C) Under no circumstances shall any recording | 14 | | made with an officer-worn body camera relating to a | 15 | | flagged encounter be altered or destroyed prior to 2 | 16 | | years after the recording was flagged. If the flagged | 17 | | recording was used in a criminal, civil, or | 18 | | administrative proceeding, the recording shall not be | 19 | | destroyed except upon a final disposition and order | 20 | | from the court . | 21 | | (8) Following the 90-day storage period, recordings | 22 | | may be retained if a supervisor at the law enforcement | 23 | | agency designates the recording for training purposes. If | 24 | | the recording is designated for training purposes, the | 25 | | recordings may be viewed by officers, in the presence of a | 26 | | supervisor or training instructor, for the purposes of |
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| 1 | | instruction, training, or ensuring compliance with agency | 2 | | policies.
| 3 | | (9) Recordings shall not be used to discipline law | 4 | | enforcement officers unless: | 5 | | (A) a formal or informal complaint of misconduct | 6 | | has been made; | 7 | | (B) a use of force incident has occurred; | 8 | | (C) the encounter on the recording could result in | 9 | | a formal investigation under the Uniform Peace | 10 | | Officers' Disciplinary Act; or | 11 | | (D) as corroboration of other evidence of | 12 | | misconduct. | 13 | | Nothing in this paragraph (9) shall be construed to | 14 | | limit or prohibit a law enforcement officer from being | 15 | | subject to an action that does not amount to discipline. | 16 | | (10) The law enforcement agency shall ensure proper | 17 | | care and maintenance of officer-worn body cameras. Upon | 18 | | becoming aware, officers must as soon as practical | 19 | | document and notify the appropriate supervisor of any | 20 | | technical difficulties, failures, or problems with the | 21 | | officer-worn body camera or associated equipment. Upon | 22 | | receiving notice, the appropriate supervisor shall make | 23 | | every reasonable effort to correct and repair any of the | 24 | | officer-worn body camera equipment. | 25 | | (11) No officer may hinder or prohibit any person, not | 26 | | a law enforcement officer, from recording a law |
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| 1 | | enforcement officer in the performance of his or her | 2 | | duties in a public place or when the officer has no | 3 | | reasonable expectation of privacy.
The law enforcement | 4 | | agency's written policy shall indicate the potential | 5 | | criminal penalties, as well as any departmental | 6 | | discipline, which may result from unlawful confiscation or | 7 | | destruction of the recording medium of a person who is not | 8 | | a law enforcement officer. However, an officer may take | 9 | | reasonable action to maintain safety and control, secure | 10 | | crime scenes and accident sites, protect the integrity and | 11 | | confidentiality of investigations, and protect the public | 12 | | safety and order. | 13 | | (b) Recordings made with the use of an officer-worn body | 14 | | camera are not subject to disclosure under the Freedom of | 15 | | Information Act, except that: | 16 | | (1) if the subject of the encounter has a reasonable | 17 | | expectation of privacy, at the time of the recording, any | 18 | | recording which is flagged, due to the filing of a | 19 | | complaint, discharge of a firearm, use of force, arrest or | 20 | | detention, or resulting death or great bodily harm, shall | 21 | | be disclosed in accordance with the Freedom of Information | 22 | | Act if: | 23 | | (A) the subject of the encounter captured on the | 24 | | recording is a victim or witness; and | 25 | | (B) the law enforcement agency obtains written | 26 | | permission of the subject or the subject's legal |
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| 1 | | representative; | 2 | | (2) except as provided in paragraph (1) of this | 3 | | subsection (b), any recording which is flagged due to the | 4 | | filing of a complaint, discharge of a firearm, use of | 5 | | force, arrest or detention, or resulting death or bodily | 6 | | harm shall be disclosed in accordance with the Freedom of | 7 | | Information Act; and | 8 | | (3) upon request, the law enforcement agency shall | 9 | | disclose, in accordance with the Freedom of Information | 10 | | Act, the recording to the subject of the encounter | 11 | | captured on the recording or to the subject's attorney, or | 12 | | the officer or his or her legal representative. | 13 | | For the purposes of paragraph (1) of this subsection (b), | 14 | | the subject of the encounter does not have a reasonable | 15 | | expectation of privacy if the subject was arrested as a result | 16 | | of the encounter. For purposes of subparagraph (A) of | 17 | | paragraph (1) of this subsection (b), "witness" does not | 18 | | include a person who is a victim or who was arrested as a | 19 | | result of the encounter.
| 20 | | Only recordings or portions of recordings responsive to | 21 | | the request shall be available for inspection or reproduction. | 22 | | Any recording disclosed under the Freedom of Information Act | 23 | | shall be redacted to remove identification of any person that | 24 | | appears on the recording and is not the officer, a subject of | 25 | | the encounter, or directly involved in the encounter. Nothing | 26 | | in this subsection (b) shall require the disclosure of any |
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| 1 | | recording or portion of any recording which would be exempt | 2 | | from disclosure under the Freedom of Information Act. | 3 | | (c) Nothing in this Section shall limit access to a camera | 4 | | recording for the purposes of complying with Supreme Court | 5 | | rules or the rules of evidence.
| 6 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.) | 7 | | (50 ILCS 706/10-25)
| 8 | | Sec. 10-25. Reporting. | 9 | | (a) Each law enforcement agency which employs the use of | 10 | | officer-worn body cameras must provide an annual report to the | 11 | | Board, on or before May 1 of the year. The report shall | 12 | | include:
| 13 | | (1) a brief overview of the makeup of the agency, | 14 | | including the number of officers utilizing officer-worn | 15 | | body cameras; | 16 | | (2) the number of officer-worn body cameras utilized | 17 | | by the law enforcement agency; | 18 | | (3) any technical issues with the equipment and how | 19 | | those issues were remedied; | 20 | | (4) a brief description of the review process used by | 21 | | supervisors within the law enforcement agency; | 22 | | (a-5) Each prosecuting agency which uses recordings | 23 | | provided by officer-worn body cameras must provide an annual | 24 | | report to the board, on or before May 1 of the year. The report | 25 | | shall include for each recording used in prosecutions of |
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| 1 | | conservation, criminal, or traffic offenses or municipal | 2 | | ordinance violations: | 3 | | (5) for each recording used in prosecutions of conservation, | 4 | | criminal, or traffic offenses or municipal ordinance | 5 | | violations: | 6 | | (1) (A) the time, date, location, and precinct of the | 7 | | incident; | 8 | | (2) (B) the offense charged and the date charges were | 9 | | filed; and | 10 | | (3) (6) any other information relevant to the | 11 | | administration of the program. | 12 | | (b) On or before July 30 of each year, the Board must | 13 | | analyze the law enforcement agency reports and provide an | 14 | | annual report to the General Assembly and the Governor.
| 15 | | (Source: P.A. 99-352, eff. 1-1-16 .)
| 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2022.
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