Bill Text: IL SB3439 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-08 - Referred to Assignments [SB3439 Detail]

Download: Illinois-2023-SB3439-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3439 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
See Index
Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately.
LRB103 38058 AWJ 68190 b
A BILL FOR
SB3439 LRB103 38058 AWJ 68190 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of

SB3439 - 2 - LRB103 38058 AWJ 68190 b
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.

SB3439 - 3 - LRB103 38058 AWJ 68190 b
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and

SB3439 - 4 - LRB103 38058 AWJ 68190 b
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.

SB3439 - 5 - LRB103 38058 AWJ 68190 b
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings or portions of recordings made under

SB3439 - 6 - LRB103 38058 AWJ 68190 b
the Law Enforcement Officer-Worn Body Camera Act, except
to the extent authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public

SB3439 - 7 - LRB103 38058 AWJ 68190 b
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.

SB3439 - 8 - LRB103 38058 AWJ 68190 b
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic

SB3439 - 9 - LRB103 38058 AWJ 68190 b
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

SB3439 - 10 - LRB103 38058 AWJ 68190 b
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is

SB3439 - 11 - LRB103 38058 AWJ 68190 b
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation

SB3439 - 12 - LRB103 38058 AWJ 68190 b
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the

SB3439 - 13 - LRB103 38058 AWJ 68190 b
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.

SB3439 - 14 - LRB103 38058 AWJ 68190 b
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings or portions of recordings made under
the Law Enforcement Officer-Worn Body Camera Act, except
to the extent authorized under that Act.
(dd) Information that is prohibited from being

SB3439 - 15 - LRB103 38058 AWJ 68190 b
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.

SB3439 - 16 - LRB103 38058 AWJ 68190 b
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.

SB3439 - 17 - LRB103 38058 AWJ 68190 b
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after

SB3439 - 18 - LRB103 38058 AWJ 68190 b
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

SB3439 - 19 - LRB103 38058 AWJ 68190 b
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 10. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Sections 10-10 and 10-20 as
follows:
(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in this Act:
"Badge" means an officer's department issued
identification number associated with his or her position as a
police officer with that department.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Business offense" means a petty offense for which the
fine is in excess of $1,000.
"Community caretaking function" means a task undertaken by
a law enforcement officer in which the officer is performing
an articulable act unrelated to the investigation of a crime.
"Community caretaking function" includes, but is not limited
to, participating in town halls or other community outreach,
helping a child find his or her parents, providing death
notifications, and performing in-home or hospital well-being
checks on the sick, elderly, or persons presumed missing.
"Community caretaking function" excludes law

SB3439 - 20 - LRB103 38058 AWJ 68190 b
enforcement-related encounters or activities.
"Fund" means the Law Enforcement Camera Grant Fund.
"In uniform" means a law enforcement officer who is
wearing any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is
visibly wearing articles of clothing, a badge, tactical gear,
gun belt, a patch, or other insignia that he or she is a law
enforcement officer acting in the course of his or her duties.
A law enforcement officer is "in uniform" only when primarily
assigned to respond to law enforcement-related encounters or
activities and is not "in uniform" when primarily assigned to
other law enforcement duties that are not law
enforcement-related encounters or activities.
"Law enforcement officer" or "officer" means any person
employed by a State, county, municipality, special district,
college, unit of government, or any other entity authorized by
law to employ peace officers or exercise police authority and
who is primarily responsible for the prevention or detection
of crime and the enforcement of the laws of this State.
"Law enforcement agency" means all State agencies with law
enforcement officers, county sheriff's offices, municipal,
special district, college, or unit of local government police
departments.
"Law enforcement-related encounters or activities"
include, but are not limited to, traffic stops, pedestrian
stops, arrests, searches, interrogations, investigations,

SB3439 - 21 - LRB103 38058 AWJ 68190 b
pursuits, crowd control, traffic control, non-community
caretaking interactions with an individual while on patrol, or
any other instance in which the officer is enforcing the laws
of the municipality, county, or State. "Law
enforcement-related encounter or activities" does not include
when the officer is completing paperwork alone, is
participating in training in a classroom setting, or is only
in the presence of another law enforcement officer.
"Minor traffic offense" means a petty offense, business
offense, or Class C misdemeanor under the Illinois Vehicle
Code or a similar provision of a municipal or local ordinance.
"No expectation of privacy" means when a person is in a
publicly accessible area or when a person is engaging with law
enforcement officers during the scope of an officer's official
duties, even when the engagement is in a nonpublic area,
including in a private residence when officers are lawfully
present in the residence during the course of official duties.
"Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,
displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
"Peace officer" has the meaning provided in Section 2-13
of the Criminal Code of 2012.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Recording" means the process of capturing data or

SB3439 - 22 - LRB103 38058 AWJ 68190 b
information stored on a recording medium as required under
this Act.
"Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,
cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
(Source: P.A. 102-1104, eff. 12-6-22.)
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use
of officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency

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prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related
encounter or activity that occurs while the officer is on
duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility or
courthouse which is equipped with a functioning camera
system.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording;

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(C) the officer is interacting with a confidential
informant used by the law enforcement agency; or
(D) an officer of the Department of Revenue enters
a Department of Revenue facility or conducts an
interview during which return information will be
discussed or visible.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) Before January 1, 2026, an The officer must
provide notice of recording to any person if the person

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has a reasonable expectation of privacy. Proof and proof
of notice must be evident in the recording. If exigent
circumstances exist which prevent the officer from
providing notice, notice must be provided as soon as
practicable.
(6) (A) For the purposes of redaction or duplicating
recordings, access to camera recordings shall be
restricted to only those personnel responsible for those
purposes. The recording officer or his or her supervisor
may not redact, duplicate, or otherwise alter the
recording officer's camera recordings. Except as otherwise
provided in this Section, the recording officer and his or
her supervisor may access and review recordings prior to
completing incident reports or other documentation,
provided that the supervisor discloses that fact in the
report or documentation.
(i) A law enforcement officer shall not have
access to or review his or her body-worn camera
recordings or the body-worn camera recordings of
another officer prior to completing incident reports
or other documentation when the officer:
(a) has been involved in or is a witness to an
officer-involved shooting, use of deadly force
incident, or use of force incidents resulting in
great bodily harm;
(b) is ordered to write a report in response

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to or during the investigation of a misconduct
complaint against the officer.
(ii) If the officer subject to subparagraph (i)
prepares a report, any report shall be prepared
without viewing body-worn camera recordings, and
subject to supervisor's approval, officers may file
amendatory reports after viewing body-worn camera
recordings. Supplemental reports under this provision
shall also contain documentation regarding access to
the video footage.
(B) The recording officer's assigned field
training officer may access and review recordings for
training purposes. Any detective or investigator
directly involved in the investigation of a matter may
access and review recordings which pertain to that
investigation but may not have access to delete or
alter such recordings.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
minimum period of 90 days and no longer than 2 years unless
flagged.
(A) Under no circumstances shall any recording,
except for a non-law enforcement related activity or
encounter, made with an officer-worn body camera be
altered, erased, or destroyed prior to the expiration

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of the 90-day storage period. In the event any
recording made with an officer-worn body camera is
altered, erased, or destroyed prior to the expiration
of the 90-day storage period, the law enforcement
agency shall maintain, for a period of one year, a
written record including (i) the name of the
individual who made such alteration, erasure, or
destruction, and (ii) the reason for any such
alteration, erasure, or destruction.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
must be destroyed, unless any encounter captured on
the recording has been flagged. An encounter is deemed
to be flagged when:
(i) a formal investigation or informal
inquiry, as those terms are defined in Section 2
of the Uniform Peace Officers' Disciplinary Act,
has commenced complaint has been filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;

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(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the
video be flagged for official purposes related to
his or her official duties or believes it may have
evidentiary value in a criminal prosecution.
(C) Under no circumstances shall any recording
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court or potential civil litigation.
(D) Nothing in this Act prohibits law enforcement
agencies from labeling officer-worn body camera video
within the recording medium; provided that the
labeling does not alter the actual recording of the
incident captured on the officer-worn body camera. The
labels, titles, and tags shall not be construed as
altering the officer-worn body camera video in any

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way.
(8) Following the 90-day minimum storage period,
recordings may be retained if a supervisor at the law
enforcement agency designates the recording for training
purposes. If the recording is designated for training
purposes, the recordings may be viewed by officers, in the
presence of a supervisor or training instructor, for the
purposes of instruction, training, or ensuring compliance
with agency policies.
(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal investigation or informal inquiry, as
those terms are defined in Section 2 of the Uniform
Peace Officers' Disciplinary Act, has commenced a
formal or informal complaint of misconduct has been
made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace
Officers' Disciplinary Act; or
(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper

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care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical
document and notify the appropriate supervisor of any
technical difficulties, failures, or problems with the
officer-worn body camera or associated equipment. Upon
receiving notice, the appropriate supervisor shall make
every reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law
enforcement officer in the performance of his or her
duties in a public place or when the officer has no
reasonable expectation of privacy. The law enforcement
agency's written policy shall indicate the potential
criminal penalties, as well as any departmental
discipline, which may result from unlawful confiscation or
destruction of the recording medium of a person who is not
a law enforcement officer. However, an officer may take
reasonable action to maintain safety and control, secure
crime scenes and accident sites, protect the integrity and
confidentiality of investigations, and protect the public
safety and order.
(b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except when a recording is flagged due to the
filing of a complaint, discharge of a firearm, use of force,

SB3439 - 31 - LRB103 38058 AWJ 68190 b
arrest or detention, or resulting death or bodily harm and the
subject of the encounter has a reasonable expectation of
privacy at the time of the recording. A recording subject to
disclosure under this subsection may be only released to the
subject of the encounter captured on the recording or the
subject's legal representative if the law enforcement agency
obtains written permission of the subject or the subject's
legal representative. Any disclosure under this subsection
shall be limited to the portion of the recording containing
the subject of the encounter captured by the primary officer's
body-worn camera. that:
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any
recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information
Act if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of

SB3439 - 32 - LRB103 38058 AWJ 68190 b
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information
Act, the recording to the subject of the encounter
captured on the recording or to the subject's attorney, or
the officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
a person has no the subject of the encounter does not have a
reasonable expectation of privacy if the person the subject
was arrested as a result of the encounter or if the encounter
was captured in a publicly accessible area. For purposes of
subparagraph (A) of paragraph (1) of this subsection (b),
"witness" does not include a person who is a victim or who was
arrested as a result of the encounter.
Only recordings or portions of recordings responsive to
the request shall be available for inspection or reproduction.
Any recording disclosed under the Freedom of Information Act
shall be redacted to remove identification of any person that
appears on the recording and is not the officer, a subject of
the encounter, or directly involved in the encounter if they
are readily identifiable and have an expectation of privacy.
Nothing in this subsection (b) shall require the disclosure of
any recording or portion of any recording which would be
exempt from disclosure under the Freedom of Information Act.

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(c) Nothing in this Section shall limit access to an
officer-worn body a camera recording for the purposes of
complying with Supreme Court rules or the rules of evidence.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
12-6-22.)
Section 15. The Law Enforcement Camera Grant Act is
amended by changing Sections 10, 15, and 20 as follows:
(50 ILCS 707/10)
Sec. 10. Law Enforcement Camera Grant Fund; creation,
rules.
(a) The Law Enforcement Camera Grant Fund is created as a
special fund in the State treasury. From appropriations to the
Board from the Fund, the Board must make grants to units of
local government in Illinois and Illinois public universities
for the purpose of (1) purchasing in-car video cameras for use
in law enforcement vehicles, (2) purchasing officer-worn body
cameras and associated technology for law enforcement
officers, and (3) training for law enforcement officers in the
operation of the cameras. Grants under this Section may be
used to offset data storage costs for officer-worn body
cameras. The grant funds may be used for the entire costs of
the officer-worn body camera program and contract, including
hardware, video management, software and licenses,

SB3439 - 34 - LRB103 38058 AWJ 68190 b
accessories, storage, maintenance costs warranty, training,
charging docks and data transfer devices and systems, and
mobile data costs.
Moneys received for the purposes of this Section,
including, without limitation, fee receipts and gifts, grants,
and awards from any public or private entity, must be
deposited into the Fund. Any interest earned on moneys in the
Fund must be deposited into the Fund.
(b) The Board may set requirements for the distribution of
grant moneys and determine which law enforcement agencies are
eligible.
(b-5) The Board shall consider compliance with the Uniform
Crime Reporting Act as a factor in awarding grant moneys.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
(50 ILCS 707/15)
Sec. 15. Rules; in-car video camera grants.
(a) The Board shall develop model rules for the use of
in-car video cameras to be adopted by law enforcement agencies
that receive grants under Section 10 of this Act. The rules

SB3439 - 35 - LRB103 38058 AWJ 68190 b
shall include all of the following requirements:
(1) Cameras must be installed in the law enforcement
agency vehicles.
(2) Video recording must provide audio of the officer
when the officer is outside of the vehicle.
(3) Camera access must be restricted to the
supervisors of the officer in the vehicle.
(4) Cameras must be turned on continuously throughout
the officer's shift.
(5) A copy of the video record must be made available
upon request to personnel of the law enforcement agency,
the local State's Attorney, and any persons depicted in
the video. Procedures for distribution of the video record
must include safeguards to protect the identities of
individuals who are not a party to the requested stop.
(6) Law enforcement agencies that receive moneys under
this grant shall provide for storage of the video records
for a period of not less than 2 years.
(b) Each law enforcement agency receiving a grant for
in-car video cameras under Section 10 of this Act must provide
an annual report to the Board, the Governor, and the General
Assembly on or before May 1 of the year following the receipt
of the grant and by each May 1 thereafter during the period of
the grant. The report shall include the following:
(1) the number of cameras received by the law
enforcement agency;

SB3439 - 36 - LRB103 38058 AWJ 68190 b
(2) the number of cameras actually installed in law
enforcement agency vehicles;
(3) a brief description of the review process used by
supervisors within the law enforcement agency;
(4) (blank); and a list of any criminal, traffic,
ordinance, and civil cases in which in-car video
recordings were used, including party names, case numbers,
offenses charged, and disposition of the matter.
Proceedings to which this paragraph (4) applies include,
but are not limited to, court proceedings, coroner's
inquests, grand jury proceedings, and plea bargains; and
(5) any other information relevant to the
administration of the program.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 707/20)
Sec. 20. Rules; officer body-worn camera grants.
(a) The Board shall develop model rules for the use of
officer body-worn cameras to be adopted by law enforcement
agencies that receive grants under Section 10 of this Act. The
rules shall comply with the Law Enforcement Officer-Worn Body
Camera Act.
(b) Each law enforcement agency receiving a grant for
officer-worn body cameras under Section 10 of this Act must
provide an annual report to the Board, the Governor, and the
General Assembly on or before May 1 of the year following the

SB3439 - 37 - LRB103 38058 AWJ 68190 b
receipt of the grant and by each May 1 thereafter during the
period of the grant. The report shall include:
(1) a brief overview of the makeup of the agency,
including the number of officers utilizing officer-worn
body cameras;
(2) the number of officer-worn body cameras utilized
by the law enforcement agency;
(3) any technical issues with the equipment and how
those issues were remedied;
(4) a brief description of the review process used by
supervisors within the law enforcement agency;
(5) (blank); for each recording used in prosecutions
of conservation, criminal, or traffic offenses or
municipal ordinance violations:
(A) the time, date, and location of the incident;
and
(B) the offenses charged and the date charges were
filed;
(6) (blank); and for a recording used in a civil
proceeding or internal affairs investigation:
(A) the number of pending civil proceedings and
internal investigations;
(B) in resolved civil proceedings and pending
investigations:
(i) the nature of the complaint or
allegations;

SB3439 - 38 - LRB103 38058 AWJ 68190 b
(ii) the disposition, if known; and
(iii) the date, time and location of the
incident; and
(7) any other information relevant to the
administration of the program.
(c) On or before July 30 of each year, the Board must
analyze the law enforcement agency reports and provide an
annual report to the General Assembly and the Governor.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 20. The Criminal Code of 2012 is amended by
changing Section 14-3 as follows:
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of
any common carrier by wire incidental to the normal course
of their employment in the operation, maintenance or
repair of the equipment of such common carrier by wire so
long as no information obtained thereby is used or
divulged by the hearer;
(c) Any broadcast by radio, television or otherwise

SB3439 - 39 - LRB103 38058 AWJ 68190 b
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental
to the main purpose for which such broadcasts are then
being made;
(d) Recording or listening with the aid of any device
to any emergency communication made in the normal course
of operations by any federal, state or local law
enforcement agency or institutions dealing in emergency
services, including, but not limited to, hospitals,
clinics, ambulance services, fire fighting agencies, any
public utility, emergency repair facility, civilian
defense establishment or military installation;
(e) Recording the proceedings of any meeting required
to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must
be destroyed, erased or turned over to local law
enforcement authorities within 24 hours from the time of
such recording and shall not be otherwise disseminated.
Failure on the part of the individual or business
operating any such recording or listening device to comply
with the requirements of this subsection shall eliminate
any civil or criminal immunity conferred upon that

SB3439 - 40 - LRB103 38058 AWJ 68190 b
individual or business by the operation of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any
person acting at the direction of law enforcement, in the
course of an investigation of a forcible felony, a felony
offense of involuntary servitude, involuntary sexual
servitude of a minor, or trafficking in persons under
Section 10-9 of this Code, an offense involving
prostitution, solicitation of a sexual act, or pandering,
a felony violation of the Illinois Controlled Substances
Act, a felony violation of the Cannabis Control Act, a
felony violation of the Methamphetamine Control and
Community Protection Act, any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act, or
any felony offense involving any weapon listed in
paragraphs (1) through (11) of subsection (a) of Section
24-1 of this Code. Any recording or evidence derived as
the result of this exemption shall be inadmissible in any
proceeding, criminal, civil or administrative, except (i)

SB3439 - 41 - LRB103 38058 AWJ 68190 b
where a party to the conversation suffers great bodily
injury or is killed during such conversation, or (ii) when
used as direct impeachment of a witness concerning matters
contained in the interception or recording. The Director
of the Illinois State Police shall issue regulations as
are necessary concerning the use of devices, retention of
tape recordings, and reports regarding their use;
(g-5) (Blank);
(g-6) With approval of the State's Attorney of the
county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the
course of an investigation of child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of
the offense was at the time of the commission of the
offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense
was at the time of the commission of the offense under 18
years of age. In all such cases, an application for an
order approving the previous or continuing use of an
eavesdropping device must be made within 48 hours of the
commencement of such use. In the absence of such an order,

SB3439 - 42 - LRB103 38058 AWJ 68190 b
or upon its denial, any continuing use shall immediately
terminate. The Director of the Illinois State Police shall
issue rules as are necessary concerning the use of
devices, retention of recordings, and reports regarding
their use. Any recording or evidence obtained or derived
in the course of an investigation of child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of
the offense was at the time of the commission of the
offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense
was at the time of the commission of the offense under 18
years of age shall, upon motion of the State's Attorney or
Attorney General prosecuting any case involving child
pornography, aggravated child pornography, indecent
solicitation of a child, luring of a minor, sexual
exploitation of a child, aggravated criminal sexual abuse
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age, or
criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission
of the offense under 18 years of age be reviewed in camera
with notice to all parties present by the court presiding
over the criminal case, and, if ruled by the court to be
relevant and otherwise admissible, it shall be admissible

SB3439 - 43 - LRB103 38058 AWJ 68190 b
at the trial of the criminal case. Absent such a ruling,
any such recording or evidence shall not be admissible at
the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation
between a uniformed peace officer, who has identified his
or her office, and a person in the presence of the peace
officer whenever (i) an officer assigned a patrol vehicle
is conducting an enforcement stop; or (ii) patrol vehicle
emergency lights are activated or would otherwise be
activated if not for the need to conceal the presence of
law enforcement.
For the purposes of this subsection (h), "enforcement
stop" means an action by a law enforcement officer in
relation to enforcement and investigation duties,
including but not limited to, traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists,
commercial motor vehicle stops, roadside safety checks,
requests for identification, or responses to requests for
emergency assistance;
(h-5) Recordings of utterances made by a person while
in the presence of a uniformed peace officer and while an
occupant of a police vehicle including, but not limited
to, (i) recordings made simultaneously with the use of an
in-car video camera and (ii) recordings made in the
presence of the peace officer utilizing video or audio

SB3439 - 44 - LRB103 38058 AWJ 68190 b
systems, or both, authorized by the law enforcement
agency;
(h-10) Recordings made simultaneously with a video
camera recording during the use of a taser or similar
weapon or device by a peace officer if the weapon or device
is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency
that employs the peace officer who made the recordings for
a storage period of 90 days, unless the recordings are
made as a part of an arrest or the recordings are deemed
evidence in any criminal, civil, or administrative
proceeding and then the recordings must only be destroyed
upon a final disposition and an order from the court.
Under no circumstances shall any recording be altered or
erased prior to the expiration of the designated storage
period. Upon completion of the storage period, the
recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or
agent of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another
party to the conversation is committing, is about to
commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and

SB3439 - 45 - LRB103 38058 AWJ 68190 b
there is reason to believe that evidence of the criminal
offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or
other business entity engaged in telephone solicitation,
as defined in this subsection, to record or listen to oral
telephone solicitation conversations or marketing or
opinion research conversations by an employee of the
corporation or other business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion
research or telephone solicitation, the education or
training of employees or contractors engaged in
marketing or opinion research or telephone
solicitation, or internal research related to
marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the
marketing or opinion research conversation or
telephone solicitation conversation being monitored.
No communication or conversation or any part, portion,
or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this
exemption (j), may be, directly or indirectly, furnished

SB3439 - 46 - LRB103 38058 AWJ 68190 b
to any law enforcement officer, agency, or official for
any purpose or used in any inquiry or investigation, or
used, directly or indirectly, in any administrative,
judicial, or other proceeding, or divulged to any third
party.
When recording or listening authorized by this
subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes
results in recording or listening to a conversation that
does not relate to marketing or opinion research or
telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation
does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with
notice that the monitoring or recordings may occur during
the course of their employment. The notice shall include
prominent signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,

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that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services;
or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer
engaged by a corporation or other business entity whose
principal business is the design, conduct, and analysis of
polls and surveys measuring the opinions, attitudes, and
responses of respondents toward products and services, or
social or political issues, or both;
(k) Electronic recordings, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of
an individual at a police station or other place of
detention by a law enforcement officer under Section
5-401.5 of the Juvenile Court Act of 1987 or Section

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103-2.1 of the Code of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person
when the person knows that the interview is being
conducted by a law enforcement officer or prosecutor and
the interview takes place at a police station that is
currently participating in the Custodial Interview Pilot
Program established under the Illinois Criminal Justice
Information Act;
(m) An electronic recording, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of the interior of a school bus
while the school bus is being used in the transportation
of students to and from school and school-sponsored
activities, when the school board has adopted a policy
authorizing such recording, notice of such recording
policy is included in student handbooks and other
documents including the policies of the school, notice of
the policy regarding recording is provided to parents of
students, and notice of such recording is clearly posted
on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall
be confidential records and may only be used by school
officials (or their designees) and law enforcement
personnel for investigations, school disciplinary actions
and hearings, proceedings under the Juvenile Court Act of
1987, and criminal prosecutions, related to incidents

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occurring in or around the school bus;
(n) Recording or listening to an audio transmission
from a microphone placed by a person under the authority
of a law enforcement agency inside a bait car surveillance
vehicle while simultaneously capturing a photographic or
video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a
law enforcement officer when the use of such device is
necessary to protect the safety of the general public,
hostages, or law enforcement officers or anyone acting on
their behalf;
(p) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as the "CPS Violence Prevention Hotline",
but only where the notice of recording is given at the
beginning of each call as required by Section 34-21.8 of
the School Code. The recordings may be retained only by
the Chicago Police Department or other law enforcement
authorities, and shall not be otherwise retained or
disseminated;
(q)(1) With prior request to and written or verbal
approval of the State's Attorney of the county in which
the conversation is anticipated to occur, recording or
listening with the aid of an eavesdropping device to a

SB3439 - 50 - LRB103 38058 AWJ 68190 b
conversation in which a law enforcement officer, or any
person acting at the direction of a law enforcement
officer, is a party to the conversation and has consented
to the conversation being intercepted or recorded in the
course of an investigation of a qualified offense. The
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense
will occur with a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception
contained in this subsection (q), a law enforcement
officer shall make a request for approval to the
appropriate State's Attorney. The request may be written
or verbal; however, a written memorialization of the
request must be made by the State's Attorney. This request
for approval shall include whatever information is deemed
necessary by the State's Attorney but shall include, at a
minimum, the following information about each specified
individual whom the law enforcement officer believes will
commit a qualified offense:
(A) his or her full or partial name, nickname or
alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
(2), any other supporting information known to the law

SB3439 - 51 - LRB103 38058 AWJ 68190 b
enforcement officer at the time of the request that
gives rise to reasonable cause to believe that the
specified individual will participate in an
inculpatory conversation concerning a qualified
offense.
(3) Limitations on approval. Each written approval by
the State's Attorney under this subsection (q) shall be
limited to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at
the direction of a law enforcement officer;
(B) recording or intercepting conversations with
the individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who
are acting in conjunction with or as co-conspirators
with the individuals specified in the request for
approval in the commission of a qualified offense;
(C) a reasonable period of time but in no event
longer than 24 consecutive hours;
(D) the written request for approval, if
applicable, or the written memorialization must be
filed, along with the written approval, with the
circuit clerk of the jurisdiction on the next business

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day following the expiration of the authorized period
of time, and shall be subject to review by the Chief
Judge or his or her designee as deemed appropriate by
the court.
(3.5) The written memorialization of the request for
approval and the written approval by the State's Attorney
may be in any format, including via facsimile, email, or
otherwise, so long as it is capable of being filed with the
circuit clerk.
(3.10) Beginning March 1, 2015, each State's Attorney
shall annually submit a report to the General Assembly
disclosing:
(A) the number of requests for each qualified
offense for approval under this subsection; and
(B) the number of approvals for each qualified
offense given by the State's Attorney.
(4) Admissibility of evidence. No part of the contents
of any wire, electronic, or oral communication that has
been recorded or intercepted as a result of this exception
may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of this State, or a
political subdivision of the State, other than in a
prosecution of:
(A) the qualified offense for which approval was

SB3439 - 53 - LRB103 38058 AWJ 68190 b
given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the
course of the investigation of the qualified offense
for which approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance
with this subsection (q), but for this specific
category of prosecutions, only if the law enforcement
officer or person acting at the direction of a law
enforcement officer who has consented to the
conversation being intercepted or recorded suffers
great bodily injury or is killed during the commission
of the charged forcible felony.
(5) Compliance with the provisions of this subsection
is a prerequisite to the admissibility in evidence of any
part of the contents of any wire, electronic or oral
communication that has been intercepted as a result of
this exception, but nothing in this subsection shall be
deemed to prevent a court from otherwise excluding the
evidence on any other ground recognized by State or
federal law, nor shall anything in this subsection be
deemed to prevent a court from independently reviewing the
admissibility of the evidence for compliance with the
Fourth Amendment to the U.S. Constitution or with Article

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I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to
qualified offenses. Whenever any private conversation or
private electronic communication has been recorded or
intercepted as a result of this exception that is not
related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q),
no part of the contents of the communication and evidence
derived from the communication may be received in evidence
in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority
of this State, or a political subdivision of the State,
nor may it be publicly disclosed in any way.
(6.5) The Illinois State Police shall adopt rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection
(q) only:
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code
of 1961 as of the effective date of this amendatory Act
of the 97th General Assembly, and only as those
offenses have been defined by law or judicial
interpretation as of that date.

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"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community
Protection Act, except for violations of:
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
Controlled Substances Act; and
(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of
murder for hire, predatory criminal sexual assault
of a child, criminal sexual assault, aggravated
criminal sexual assault, aggravated arson,
kidnapping, aggravated kidnapping, child
abduction, trafficking in persons, involuntary
servitude, involuntary sexual servitude of a
minor, or gunrunning.
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under
this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and
after January 1, 2027. No conversations intercepted
pursuant to this subsection (q), while operative, shall be

SB3439 - 56 - LRB103 38058 AWJ 68190 b
inadmissible in a court of law by virtue of the
inoperability of this subsection (q) on January 1, 2027.
(9) Recordings, records, and custody. Any private
conversation or private electronic communication
intercepted by a law enforcement officer or a person
acting at the direction of law enforcement shall, if
practicable, be recorded in such a way as will protect the
recording from editing or other alteration. Any and all
original recordings made under this subsection (q) shall
be inventoried without unnecessary delay pursuant to the
law enforcement agency's policies for inventorying
evidence. The original recordings shall not be destroyed
except upon an order of a court of competent jurisdiction;
and
(r) Electronic recordings, including but not limited
to, motion picture, videotape, digital, or other visual or
audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963; and .
(s) Recordings made pursuant to and in compliance with
the Law Enforcement Officer-Worn Body Camera Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-918, eff. 5-27-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section

SB3439 - 57 - LRB103 38058 AWJ 68190 b
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
SB3439 - 58 - LRB103 38058 AWJ 68190 b
INDEX
Statutes amended in order of appearance