Bill Text: IL HB6174 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Law Enforcement Officer-Worn Body Camera Act. Requires that on or before 180 days after the effective date of this amendatory Act, each law enforcement agency in this State shall equip every motor vehicle, including unmarked, tactical, and surveillance motor vehicles, owned or operated by the agency with an in-car camera and in-car camera recording equipment with both audio and video recording capability, whether or not the agency receives or has received monies from the Law Enforcement Camera Grant Fund. Requires that: (1) the video recording must provide audio of the officer when the officer is outside of the vehicle; (2) access to an in-car camera and in-car camera recording equipment must be restricted to the supervisors of the officer in the vehicle; (3) the camera and in-car camera recording equipment must be turned on continuously throughout the officer's shift; and (4) 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. Defines "in-car camera" and "in-car camera recording equipment". Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-11 - Referred to Rules Committee [HB6174 Detail]

Download: Illinois-2015-HB6174-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6174 Introduced , by Rep. Luis Arroyo SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
20 ILCS 2610/35
50 ILCS 706/10-1
50 ILCS 706/10-5
50 ILCS 706/10-10
50 ILCS 706/10-15
50 ILCS 706/10-17 new
50 ILCS 706/10-20
Amends the Law Enforcement Officer-Worn Body Camera Act. Requires that on or before 180 days after the effective date of this amendatory Act, each law enforcement agency in this State shall equip every motor vehicle, including unmarked, tactical, and surveillance motor vehicles, owned or operated by the agency with an in-car camera and in-car camera recording equipment with both audio and video recording capability, whether or not the agency receives or has received monies from the Law Enforcement Camera Grant Fund. Requires that: (1) the video recording must provide audio of the officer when the officer is outside of the vehicle; (2) access to an in-car camera and in-car camera recording equipment must be restricted to the supervisors of the officer in the vehicle; (3) the camera and in-car camera recording equipment must be turned on continuously throughout the officer's shift; and (4) 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. Defines "in-car camera" and "in-car camera recording equipment". Amends various Acts to make conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning law enforcement.
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)
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

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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 wireless
carriers under the Wireless Emergency Telephone Safety
Act.

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(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. 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
Regional Transportation Authority under Section 2.11 of

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the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records 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) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability and Portability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied

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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.
(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

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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) (bb) Recordings made with an officer-worn body
camera under the Law Enforcement Officer-Worn Body Camera
and In-Car Camera Act, except to the extent authorized
under that Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
revised 10-14-15.)
Section 10. The State Police Act is amended by changing
Section 35 as follows:
(20 ILCS 2610/35)
Sec. 35. Officer-worn body cameras; policy; training.
(a) For the purposes of this Section, "officer-worn body
camera" shall have the same meaning as defined in Section 10 of
the Law Enforcement Officer-Worn Body Camera and In-Car Camera
Act.
(b) If the Department employs the use of officer-worn body
cameras, the Department shall develop a written policy which
must include, at a minimum, the guidelines established by the

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Law Enforcement Officer-Worn Body Camera and In-Car Camera Act.
(c) The Department shall provide training to those officers
who utilize officer-worn body cameras.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 15. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Sections 10-1, 10-5, 10-10, 10-15,
and 10-20 and by adding Section 10-17 as follows:
(50 ILCS 706/10-1)
Sec. 10-1. Short title. This Act may be cited as the Law
Enforcement Officer-Worn Body Camera and In-Car Camera Act.
References in this Article to "this Act" mean this Article.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 706/10-5)
Sec. 10-5. Purpose. The General Assembly recognizes that
trust and mutual respect between law enforcement agencies and
the communities they protect and serve are essential to
effective policing and the integrity of our criminal justice
system. The General Assembly recognizes that officer-worn body
cameras and in-car cameras have developed as a technology that
has been used and experimented with by police departments.
Officer-worn body cameras and in-car cameras will provide
state-of-the-art evidence collection and additional
opportunities for training and instruction. Further,

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officer-worn body cameras and in-car cameras may provide
impartial evidence and documentation to settle disputes and
allegations of officer misconduct. Ultimately, the uses of
officer-worn body cameras and in-car cameras will help collect
evidence while improving transparency and accountability, and
strengthening public trust. The General Assembly mandates the
use of in-car cameras and in-car camera recording equipment in
all law enforcement motor vehicles to ensure that this
technology is used in furtherance of these goals while
protecting individual privacy and providing consistency in its
use across this State. The General Assembly creates these
standardized protocols and procedures for the use of
officer-worn body cameras to ensure that this technology is
used in furtherance of these goals while protecting individual
privacy and providing consistency in its use across this State.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in is 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.

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"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.
"Fund" means the Law Enforcement Camera Grant Fund.
"In-car camera" means a video camera located in a law
enforcement vehicle.
"In-car camera recording equipment" means a video camera
recording system located in a law enforcement vehicle
consisting of a camera assembly, recording mechanism, and an
in-car video recording medium.
"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.
"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

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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,
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 or 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.
"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.

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"Recording" means the process of capturing data or
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. 99-352, eff. 1-1-16; revised 10-20-15.)
(50 ILCS 706/10-15)
Sec. 10-15. Applicability.
(a) Any law enforcement agency which employs the use of
officer-worn body cameras is subject to the provisions of this
Act, whether or not the agency receives or has received monies
from the Law Enforcement Camera Grant Fund.
(b) Any law enforcement agency which owns or operates motor
vehicles is subject to the provisions of this Act with respect
to in-car cameras and in-car camera recording equipment,
whether or not the agency receives or has received monies from
the Law Enforcement Camera Grant Fund.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 706/10-17 new)
Sec. 10-17. In-car camera requirements.
(a) On or before 180 days after the effective date of this

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amendatory Act of the 99th General Assembly, each law
enforcement agency in this State shall equip every motor
vehicle, including unmarked, tactical, and surveillance motor
vehicles, owned or operated by the agency with an in-car camera
and in-car camera recording equipment with both audio and video
recording capability, whether or not the agency receives or has
received monies from the Law Enforcement Camera Grant Fund. The
following requirements apply to in-car cameras and in-car
camera recording equipment:
(1) the video recording must provide audio of the
officer when the officer is outside of the vehicle;
(2) access to an in-car camera and in-car camera
recording equipment must be restricted to the supervisors of
the officer in the vehicle;
(3) the camera and in-car camera recording equipment
must be turned on continuously throughout the officer's shift;
and
(4) 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.
(b) Procedures for distribution of the video record of an
in-car camera and in-car camera recording equipment must
include safeguards to protect the identities of persons who are
not a party to the requested stop.
(50 ILCS 706/10-20)

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Sec. 10-20. Officer-worn body camera requirements
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
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 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.

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(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.
(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; or
(C) the officer is interacting with a confidential
informant used by the law enforcement agency.
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

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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) The officer must provide notice of recording to any
person if the person has a reasonable expectation of
privacy 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) For the purposes of redaction, labeling, or
duplicating recordings, access to camera recordings shall
be restricted to only those personnel responsible for those
purposes. The recording officer and his or her supervisor
may access and review recordings prior to completing
incident reports or other documentation, provided that the
officer or his or her supervisor discloses that fact in the
report or documentation.
(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
period of 90 days.
(A) Under no circumstances shall any recording

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made with an officer-worn body camera be altered,
erased, or destroyed prior to the expiration of the
90-day storage period.
(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 or informal 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;
(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

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video be flagged for official purposes related to
his or her official duties.
(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.
(8) Following the 90-day 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 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

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(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
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

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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 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
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

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officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. 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. 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.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.