IL
Illinois House Bill HB1611

Illinois 2023-2024 Regular Session

Illinois House Bill HB1611 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1611 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-1550 ILCS 706/10-20 Amends the Department of Innovation and Technology Act. Requires the Department of Innovation and Technology to develop, manage, and make available to any law enforcement agency a digital repository for the collection, storage, retention, and retrieval of any officer-worn body camera recording collected by such an agency under the Law Enforcement Officer-Worn Body Camera Act. Requires recordings retained in the repository to be managed in a manner that is not inconsistent with the minimum requirements set forth in a specified provision of the Law Enforcement Officer-Worn Body Camera Act. Amends the Law Enforcement Officer-Worn Body Camera Act. Authorizes a law enforcement agency to use the digital repository developed by the Department of Innovation and Technology for the collection, storage, retention, and retrieval of officer-worn body camera recordings. Provides that, if a law enforcement agency uses the digital repository developed by the Department of Innovation and Technology and if an encounter on such a recording is flagged, then the law enforcement agency must notify the Department in writing that the encounter has been flagged not less than 10 days before the expiration of the 90-day storage period. Effective immediately. LRB103 00014 DTM 45014 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1611 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 20 ILCS 1370/1-1550 ILCS 706/10-20 20 ILCS 1370/1-15 50 ILCS 706/10-20 Amends the Department of Innovation and Technology Act. Requires the Department of Innovation and Technology to develop, manage, and make available to any law enforcement agency a digital repository for the collection, storage, retention, and retrieval of any officer-worn body camera recording collected by such an agency under the Law Enforcement Officer-Worn Body Camera Act. Requires recordings retained in the repository to be managed in a manner that is not inconsistent with the minimum requirements set forth in a specified provision of the Law Enforcement Officer-Worn Body Camera Act. Amends the Law Enforcement Officer-Worn Body Camera Act. Authorizes a law enforcement agency to use the digital repository developed by the Department of Innovation and Technology for the collection, storage, retention, and retrieval of officer-worn body camera recordings. Provides that, if a law enforcement agency uses the digital repository developed by the Department of Innovation and Technology and if an encounter on such a recording is flagged, then the law enforcement agency must notify the Department in writing that the encounter has been flagged not less than 10 days before the expiration of the 90-day storage period. Effective immediately. LRB103 00014 DTM 45014 b LRB103 00014 DTM 45014 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1611 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 20 ILCS 1370/1-1550 ILCS 706/10-20 20 ILCS 1370/1-15 50 ILCS 706/10-20
44 20 ILCS 1370/1-15
55 50 ILCS 706/10-20
66 Amends the Department of Innovation and Technology Act. Requires the Department of Innovation and Technology to develop, manage, and make available to any law enforcement agency a digital repository for the collection, storage, retention, and retrieval of any officer-worn body camera recording collected by such an agency under the Law Enforcement Officer-Worn Body Camera Act. Requires recordings retained in the repository to be managed in a manner that is not inconsistent with the minimum requirements set forth in a specified provision of the Law Enforcement Officer-Worn Body Camera Act. Amends the Law Enforcement Officer-Worn Body Camera Act. Authorizes a law enforcement agency to use the digital repository developed by the Department of Innovation and Technology for the collection, storage, retention, and retrieval of officer-worn body camera recordings. Provides that, if a law enforcement agency uses the digital repository developed by the Department of Innovation and Technology and if an encounter on such a recording is flagged, then the law enforcement agency must notify the Department in writing that the encounter has been flagged not less than 10 days before the expiration of the 90-day storage period. Effective immediately.
77 LRB103 00014 DTM 45014 b LRB103 00014 DTM 45014 b
88 LRB103 00014 DTM 45014 b
99 A BILL FOR
1010 HB1611LRB103 00014 DTM 45014 b HB1611 LRB103 00014 DTM 45014 b
1111 HB1611 LRB103 00014 DTM 45014 b
1212 1 AN ACT concerning officer-worn body cameras.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Department of Innovation and Technology Act
1616 5 is amended by changing Section 1-15 as follows:
1717 6 (20 ILCS 1370/1-15)
1818 7 Sec. 1-15. Powers and duties.
1919 8 (a) The head officer of the Department is the Secretary,
2020 9 who shall be the chief information officer for the State and
2121 10 the steward of State data with respect to those agencies under
2222 11 the jurisdiction of the Governor. The Secretary shall be
2323 12 appointed by the Governor, with the advice and consent of the
2424 13 Senate. The Department may employ or retain other persons to
2525 14 assist in the discharge of its functions, subject to the
2626 15 Personnel Code.
2727 16 (b) The Department shall promote best-in-class innovation
2828 17 and technology to client agencies to foster collaboration
2929 18 among client agencies, empower client agencies to provide
3030 19 better service to residents of Illinois, and maximize the
3131 20 value of taxpayer resources. The Department shall be
3232 21 responsible for information technology functions on behalf of
3333 22 client agencies.
3434 23 (c) The Department shall provide for and coordinate
3535
3636
3737
3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1611 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3939 20 ILCS 1370/1-1550 ILCS 706/10-20 20 ILCS 1370/1-15 50 ILCS 706/10-20
4040 20 ILCS 1370/1-15
4141 50 ILCS 706/10-20
4242 Amends the Department of Innovation and Technology Act. Requires the Department of Innovation and Technology to develop, manage, and make available to any law enforcement agency a digital repository for the collection, storage, retention, and retrieval of any officer-worn body camera recording collected by such an agency under the Law Enforcement Officer-Worn Body Camera Act. Requires recordings retained in the repository to be managed in a manner that is not inconsistent with the minimum requirements set forth in a specified provision of the Law Enforcement Officer-Worn Body Camera Act. Amends the Law Enforcement Officer-Worn Body Camera Act. Authorizes a law enforcement agency to use the digital repository developed by the Department of Innovation and Technology for the collection, storage, retention, and retrieval of officer-worn body camera recordings. Provides that, if a law enforcement agency uses the digital repository developed by the Department of Innovation and Technology and if an encounter on such a recording is flagged, then the law enforcement agency must notify the Department in writing that the encounter has been flagged not less than 10 days before the expiration of the 90-day storage period. Effective immediately.
4343 LRB103 00014 DTM 45014 b LRB103 00014 DTM 45014 b
4444 LRB103 00014 DTM 45014 b
4545 A BILL FOR
4646
4747
4848
4949
5050
5151 20 ILCS 1370/1-15
5252 50 ILCS 706/10-20
5353
5454
5555
5656 LRB103 00014 DTM 45014 b
5757
5858
5959
6060
6161
6262
6363
6464
6565
6666 HB1611 LRB103 00014 DTM 45014 b
6767
6868
6969 HB1611- 2 -LRB103 00014 DTM 45014 b HB1611 - 2 - LRB103 00014 DTM 45014 b
7070 HB1611 - 2 - LRB103 00014 DTM 45014 b
7171 1 information technology for State agencies and, when requested
7272 2 and when in the best interests of the State, for State
7373 3 constitutional offices, units of federal or local governments,
7474 4 and public and not-for-profit institutions of primary,
7575 5 secondary, and higher education, or other parties not
7676 6 associated with State government. The Department shall
7777 7 establish charges for information technology for State
7878 8 agencies and, when requested, for State constitutional
7979 9 offices, units of federal or local government, and public and
8080 10 not-for-profit institutions of primary, secondary, or higher
8181 11 education and for use by other parties not associated with
8282 12 State government. Entities charged for these services shall
8383 13 make payment to the Department. The Department may instruct
8484 14 all State agencies to report their usage of information
8585 15 technology regularly to the Department in the manner the
8686 16 Secretary may prescribe.
8787 17 (d) The Department shall develop and implement standards,
8888 18 policies, and procedures to protect the security and
8989 19 interoperability of State data with respect to those agencies
9090 20 under the jurisdiction of the Governor, including in
9191 21 particular data that are confidential, sensitive, or protected
9292 22 from disclosure by privacy or other laws, while recognizing
9393 23 and balancing the need for collaboration and public
9494 24 transparency.
9595 25 (e) The Department shall be responsible for providing the
9696 26 Governor with timely, comprehensive, and meaningful
9797
9898
9999
100100
101101
102102 HB1611 - 2 - LRB103 00014 DTM 45014 b
103103
104104
105105 HB1611- 3 -LRB103 00014 DTM 45014 b HB1611 - 3 - LRB103 00014 DTM 45014 b
106106 HB1611 - 3 - LRB103 00014 DTM 45014 b
107107 1 information pertinent to the formulation and execution of
108108 2 fiscal policy. In performing this responsibility, the
109109 3 Department shall have the power to do the following:
110110 4 (1) Control the procurement, retention, installation,
111111 5 maintenance, and operation, as specified by the
112112 6 Department, of information technology equipment used by
113113 7 client agencies in such a manner as to achieve maximum
114114 8 economy and provide appropriate assistance in the
115115 9 development of information suitable for management
116116 10 analysis.
117117 11 (2) Establish principles and standards of information
118118 12 technology-related reporting by client agencies and
119119 13 priorities for completion of research by those agencies in
120120 14 accordance with the requirements for management analysis
121121 15 specified by the Department.
122122 16 (3) Establish charges for information technology and
123123 17 related services requested by client agencies and rendered
124124 18 by the Department. The Department is likewise empowered to
125125 19 establish prices or charges for all information technology
126126 20 reports purchased by agencies and individuals not
127127 21 connected with State government.
128128 22 (4) Instruct all client agencies to report regularly
129129 23 to the Department, in the manner the Department may
130130 24 prescribe, their usage of information technology, the cost
131131 25 incurred, the information produced, and the procedures
132132 26 followed in obtaining the information. All client agencies
133133
134134
135135
136136
137137
138138 HB1611 - 3 - LRB103 00014 DTM 45014 b
139139
140140
141141 HB1611- 4 -LRB103 00014 DTM 45014 b HB1611 - 4 - LRB103 00014 DTM 45014 b
142142 HB1611 - 4 - LRB103 00014 DTM 45014 b
143143 1 shall request from the Department assistance and
144144 2 consultation in securing any necessary information
145145 3 technology to support their requirements.
146146 4 (5) Examine the accounts and information
147147 5 technology-related data of any organization, body, or
148148 6 agency receiving appropriations from the General Assembly,
149149 7 except for a State constitutional office, the Office of
150150 8 the Executive Inspector General, or any office of the
151151 9 legislative or judicial branches of State government. For
152152 10 a State constitutional office, the Office of the Executive
153153 11 Inspector General, or any office of the legislative or
154154 12 judicial branches of State government, the Department
155155 13 shall have the power to examine the accounts and
156156 14 information technology-related data of the State
157157 15 constitutional office, the Office of the Executive
158158 16 Inspector General, or any office of the legislative or
159159 17 judicial branches of State government when requested by
160160 18 those offices.
161161 19 (6) Install and operate a modern information
162162 20 technology system using equipment adequate to satisfy the
163163 21 requirements for analysis and review as specified by the
164164 22 Department. Expenditures for information technology and
165165 23 related services rendered shall be reimbursed by the
166166 24 recipients. The reimbursement shall be determined by the
167167 25 Department as amounts sufficient to reimburse the
168168 26 Technology Management Revolving Fund for expenditures
169169
170170
171171
172172
173173
174174 HB1611 - 4 - LRB103 00014 DTM 45014 b
175175
176176
177177 HB1611- 5 -LRB103 00014 DTM 45014 b HB1611 - 5 - LRB103 00014 DTM 45014 b
178178 HB1611 - 5 - LRB103 00014 DTM 45014 b
179179 1 incurred in rendering the services.
180180 2 (f) In addition to the other powers and duties listed in
181181 3 subsection (e), the Department shall analyze the present and
182182 4 future aims, needs, and requirements of information
183183 5 technology, research, and planning in order to provide for the
184184 6 formulation of overall policy relative to the use of
185185 7 information technology and related equipment by the State of
186186 8 Illinois. In making this analysis, the Department shall
187187 9 formulate a master plan for information technology, using
188188 10 information technology most advantageously, and advising
189189 11 whether information technology should be leased or purchased
190190 12 by the State. The Department shall prepare and submit interim
191191 13 reports of meaningful developments and proposals for
192192 14 legislation to the Governor on or before January 30 each year.
193193 15 The Department shall engage in a continuing analysis and
194194 16 evaluation of the master plan so developed, and it shall be the
195195 17 responsibility of the Department to recommend from time to
196196 18 time any needed amendments and modifications of any master
197197 19 plan enacted by the General Assembly.
198198 20 (g) The Department may make information technology and the
199199 21 use of information technology available to units of local
200200 22 government, elected State officials, State educational
201201 23 institutions, the judicial branch, the legislative branch, and
202202 24 all other governmental units of the State requesting them. The
203203 25 Department shall establish prices and charges for the
204204 26 information technology so furnished and for the use of the
205205
206206
207207
208208
209209
210210 HB1611 - 5 - LRB103 00014 DTM 45014 b
211211
212212
213213 HB1611- 6 -LRB103 00014 DTM 45014 b HB1611 - 6 - LRB103 00014 DTM 45014 b
214214 HB1611 - 6 - LRB103 00014 DTM 45014 b
215215 1 information technology. The prices and charges shall be
216216 2 sufficient to reimburse the cost of furnishing the services
217217 3 and use of information technology.
218218 4 (h) The Department shall develop, manage, and make
219219 5 available to any law enforcement agency a digital repository
220220 6 for the collection, storage, retention, and retrieval of any
221221 7 officer-worn body camera recording collected by such an agency
222222 8 under the Law Enforcement Officer-Worn Body Camera Act. The
223223 9 Department shall manage recordings retained in the repository
224224 10 in a manner that is not inconsistent with the minimum
225225 11 requirements set forth in Section 10-20 of the Law Enforcement
226226 12 Officer-Worn Body Camera Act. For purposes of this subsection
227227 13 (h), "law enforcement agency", "officer-worn body camera", and
228228 14 "recording" have the meanings given in Section 10-10 of the
229229 15 Law Enforcement Officer-Worn Body Camera Act.
230230 16 (i) (h) The Department may establish standards to provide
231231 17 consistency in the operation and use of information
232232 18 technology.
233233 19 (j) (i) The Department may adopt rules under the Illinois
234234 20 Administrative Procedure Act necessary to carry out its
235235 21 responsibilities under this Act.
236236 22 (Source: P.A. 102-376, eff. 1-1-22.)
237237 23 Section 10. The Law Enforcement Officer-Worn Body Camera
238238 24 Act is amended by changing Section 10-20 as follows:
239239
240240
241241
242242
243243
244244 HB1611 - 6 - LRB103 00014 DTM 45014 b
245245
246246
247247 HB1611- 7 -LRB103 00014 DTM 45014 b HB1611 - 7 - LRB103 00014 DTM 45014 b
248248 HB1611 - 7 - LRB103 00014 DTM 45014 b
249249 1 (50 ILCS 706/10-20)
250250 2 Sec. 10-20. Requirements.
251251 3 (a) The Board shall develop basic guidelines for the use
252252 4 of officer-worn body cameras by law enforcement agencies. The
253253 5 guidelines developed by the Board shall be the basis for the
254254 6 written policy which must be adopted by each law enforcement
255255 7 agency which employs the use of officer-worn body cameras. The
256256 8 written policy adopted by the law enforcement agency must
257257 9 include, at a minimum, all of the following:
258258 10 (1) Cameras must be equipped with pre-event recording,
259259 11 capable of recording at least the 30 seconds prior to
260260 12 camera activation, unless the officer-worn body camera was
261261 13 purchased and acquired by the law enforcement agency prior
262262 14 to July 1, 2015.
263263 15 (2) Cameras must be capable of recording for a period
264264 16 of 10 hours or more, unless the officer-worn body camera
265265 17 was purchased and acquired by the law enforcement agency
266266 18 prior to July 1, 2015.
267267 19 (3) Cameras must be turned on at all times when the
268268 20 officer is in uniform and is responding to calls for
269269 21 service or engaged in any law enforcement-related
270270 22 encounter or activity that occurs while the officer is on
271271 23 duty.
272272 24 (A) If exigent circumstances exist which prevent
273273 25 the camera from being turned on, the camera must be
274274 26 turned on as soon as practicable.
275275
276276
277277
278278
279279
280280 HB1611 - 7 - LRB103 00014 DTM 45014 b
281281
282282
283283 HB1611- 8 -LRB103 00014 DTM 45014 b HB1611 - 8 - LRB103 00014 DTM 45014 b
284284 HB1611 - 8 - LRB103 00014 DTM 45014 b
285285 1 (B) Officer-worn body cameras may be turned off
286286 2 when the officer is inside of a patrol car which is
287287 3 equipped with a functioning in-car camera; however,
288288 4 the officer must turn on the camera upon exiting the
289289 5 patrol vehicle for law enforcement-related encounters.
290290 6 (C) Officer-worn body cameras may be turned off
291291 7 when the officer is inside a correctional facility or
292292 8 courthouse which is equipped with a functioning camera
293293 9 system.
294294 10 (4) Cameras must be turned off when:
295295 11 (A) the victim of a crime requests that the camera
296296 12 be turned off, and unless impractical or impossible,
297297 13 that request is made on the recording;
298298 14 (B) a witness of a crime or a community member who
299299 15 wishes to report a crime requests that the camera be
300300 16 turned off, and unless impractical or impossible that
301301 17 request is made on the recording;
302302 18 (C) the officer is interacting with a confidential
303303 19 informant used by the law enforcement agency; or
304304 20 (D) an officer of the Department of Revenue enters
305305 21 a Department of Revenue facility or conducts an
306306 22 interview during which return information will be
307307 23 discussed or visible.
308308 24 However, an officer may continue to record or resume
309309 25 recording a victim or a witness, if exigent circumstances
310310 26 exist, or if the officer has reasonable articulable
311311
312312
313313
314314
315315
316316 HB1611 - 8 - LRB103 00014 DTM 45014 b
317317
318318
319319 HB1611- 9 -LRB103 00014 DTM 45014 b HB1611 - 9 - LRB103 00014 DTM 45014 b
320320 HB1611 - 9 - LRB103 00014 DTM 45014 b
321321 1 suspicion that a victim or witness, or confidential
322322 2 informant has committed or is in the process of committing
323323 3 a crime. Under these circumstances, and unless impractical
324324 4 or impossible, the officer must indicate on the recording
325325 5 the reason for continuing to record despite the request of
326326 6 the victim or witness.
327327 7 (4.5) Cameras may be turned off when the officer is
328328 8 engaged in community caretaking functions. However, the
329329 9 camera must be turned on when the officer has reason to
330330 10 believe that the person on whose behalf the officer is
331331 11 performing a community caretaking function has committed
332332 12 or is in the process of committing a crime. If exigent
333333 13 circumstances exist which prevent the camera from being
334334 14 turned on, the camera must be turned on as soon as
335335 15 practicable.
336336 16 (5) The officer must provide notice of recording to
337337 17 any person if the person has a reasonable expectation of
338338 18 privacy and proof of notice must be evident in the
339339 19 recording. If exigent circumstances exist which prevent
340340 20 the officer from providing notice, notice must be provided
341341 21 as soon as practicable.
342342 22 (6) (A) For the purposes of redaction, labeling, or
343343 23 duplicating recordings, access to camera recordings shall
344344 24 be restricted to only those personnel responsible for
345345 25 those purposes. The recording officer or his or her
346346 26 supervisor may not redact, label, duplicate or otherwise
347347
348348
349349
350350
351351
352352 HB1611 - 9 - LRB103 00014 DTM 45014 b
353353
354354
355355 HB1611- 10 -LRB103 00014 DTM 45014 b HB1611 - 10 - LRB103 00014 DTM 45014 b
356356 HB1611 - 10 - LRB103 00014 DTM 45014 b
357357 1 alter the recording officer's camera recordings. Except as
358358 2 otherwise provided in this Section, the recording officer
359359 3 and his or her supervisor may access and review recordings
360360 4 prior to completing incident reports or other
361361 5 documentation, provided that the supervisor discloses that
362362 6 fact in the report or documentation.
363363 7 (i) A law enforcement officer shall not have
364364 8 access to or review his or her body-worn camera
365365 9 recordings or the body-worn camera recordings of
366366 10 another officer prior to completing incident reports
367367 11 or other documentation when the officer:
368368 12 (a) has been involved in or is a witness to an
369369 13 officer-involved shooting, use of deadly force
370370 14 incident, or use of force incidents resulting in
371371 15 great bodily harm;
372372 16 (b) is ordered to write a report in response
373373 17 to or during the investigation of a misconduct
374374 18 complaint against the officer.
375375 19 (ii) If the officer subject to subparagraph (i)
376376 20 prepares a report, any report shall be prepared
377377 21 without viewing body-worn camera recordings, and
378378 22 subject to supervisor's approval, officers may file
379379 23 amendatory reports after viewing body-worn camera
380380 24 recordings. Supplemental reports under this provision
381381 25 shall also contain documentation regarding access to
382382 26 the video footage.
383383
384384
385385
386386
387387
388388 HB1611 - 10 - LRB103 00014 DTM 45014 b
389389
390390
391391 HB1611- 11 -LRB103 00014 DTM 45014 b HB1611 - 11 - LRB103 00014 DTM 45014 b
392392 HB1611 - 11 - LRB103 00014 DTM 45014 b
393393 1 (B) The recording officer's assigned field
394394 2 training officer may access and review recordings for
395395 3 training purposes. Any detective or investigator
396396 4 directly involved in the investigation of a matter may
397397 5 access and review recordings which pertain to that
398398 6 investigation but may not have access to delete or
399399 7 alter such recordings.
400400 8 (7) Recordings made on officer-worn cameras must be
401401 9 retained by the law enforcement agency or by the camera
402402 10 vendor used by the agency, on a recording medium for a
403403 11 period of 90 days.
404404 12 (A) Under no circumstances shall any recording,
405405 13 except for a non-law enforcement related activity or
406406 14 encounter, made with an officer-worn body camera be
407407 15 altered, erased, or destroyed prior to the expiration
408408 16 of the 90-day storage period. In the event any
409409 17 recording made with an officer-worn body camera is
410410 18 altered, erased, or destroyed prior to the expiration
411411 19 of the 90-day storage period, the law enforcement
412412 20 agency shall maintain, for a period of one year, a
413413 21 written record including (i) the name of the
414414 22 individual who made such alteration, erasure, or
415415 23 destruction, and (ii) the reason for any such
416416 24 alteration, erasure, or destruction.
417417 25 (B) Following the 90-day storage period, any and
418418 26 all recordings made with an officer-worn body camera
419419
420420
421421
422422
423423
424424 HB1611 - 11 - LRB103 00014 DTM 45014 b
425425
426426
427427 HB1611- 12 -LRB103 00014 DTM 45014 b HB1611 - 12 - LRB103 00014 DTM 45014 b
428428 HB1611 - 12 - LRB103 00014 DTM 45014 b
429429 1 must be destroyed, unless any encounter captured on
430430 2 the recording has been flagged. An encounter is deemed
431431 3 to be flagged when:
432432 4 (i) a formal or informal complaint has been
433433 5 filed;
434434 6 (ii) the officer discharged his or her firearm
435435 7 or used force during the encounter;
436436 8 (iii) death or great bodily harm occurred to
437437 9 any person in the recording;
438438 10 (iv) the encounter resulted in a detention or
439439 11 an arrest, excluding traffic stops which resulted
440440 12 in only a minor traffic offense or business
441441 13 offense;
442442 14 (v) the officer is the subject of an internal
443443 15 investigation or otherwise being investigated for
444444 16 possible misconduct;
445445 17 (vi) the supervisor of the officer,
446446 18 prosecutor, defendant, or court determines that
447447 19 the encounter has evidentiary value in a criminal
448448 20 prosecution; or
449449 21 (vii) the recording officer requests that the
450450 22 video be flagged for official purposes related to
451451 23 his or her official duties.
452452 24 If a law enforcement agency uses the digital
453453 25 repository developed by the Department of Innovation and
454454 26 Technology under Section 1-15 of the Department of
455455
456456
457457
458458
459459
460460 HB1611 - 12 - LRB103 00014 DTM 45014 b
461461
462462
463463 HB1611- 13 -LRB103 00014 DTM 45014 b HB1611 - 13 - LRB103 00014 DTM 45014 b
464464 HB1611 - 13 - LRB103 00014 DTM 45014 b
465465 1 Innovation and Technology Act for the collection, storage,
466466 2 retention, and retrieval of officer-worn body camera
467467 3 recordings and if an encounter on such a recording is
468468 4 flagged, then the law enforcement agency must notify the
469469 5 Department in writing that the encounter has been flagged
470470 6 not less than 10 days before the expiration of the 90-day
471471 7 storage period.
472472 8 (C) Under no circumstances shall any recording
473473 9 made with an officer-worn body camera relating to a
474474 10 flagged encounter be altered or destroyed prior to 2
475475 11 years after the recording was flagged. If the flagged
476476 12 recording was used in a criminal, civil, or
477477 13 administrative proceeding, the recording shall not be
478478 14 destroyed except upon a final disposition and order
479479 15 from the court.
480480 16 (D) Nothing in this Act prohibits law enforcement
481481 17 agencies from labeling officer-worn body camera video
482482 18 within the recording medium; provided that the
483483 19 labeling does not alter the actual recording of the
484484 20 incident captured on the officer-worn body camera. The
485485 21 labels, titles, and tags shall not be construed as
486486 22 altering the officer-worn body camera video in any
487487 23 way.
488488 24 (8) Following the 90-day storage period, recordings
489489 25 may be retained if a supervisor at the law enforcement
490490 26 agency designates the recording for training purposes. If
491491
492492
493493
494494
495495
496496 HB1611 - 13 - LRB103 00014 DTM 45014 b
497497
498498
499499 HB1611- 14 -LRB103 00014 DTM 45014 b HB1611 - 14 - LRB103 00014 DTM 45014 b
500500 HB1611 - 14 - LRB103 00014 DTM 45014 b
501501 1 the recording is designated for training purposes, the
502502 2 recordings may be viewed by officers, in the presence of a
503503 3 supervisor or training instructor, for the purposes of
504504 4 instruction, training, or ensuring compliance with agency
505505 5 policies.
506506 6 (9) Recordings shall not be used to discipline law
507507 7 enforcement officers unless:
508508 8 (A) a formal or informal complaint of misconduct
509509 9 has been made;
510510 10 (B) a use of force incident has occurred;
511511 11 (C) the encounter on the recording could result in
512512 12 a formal investigation under the Uniform Peace
513513 13 Officers' Disciplinary Act; or
514514 14 (D) as corroboration of other evidence of
515515 15 misconduct.
516516 16 Nothing in this paragraph (9) shall be construed to
517517 17 limit or prohibit a law enforcement officer from being
518518 18 subject to an action that does not amount to discipline.
519519 19 (10) The law enforcement agency shall ensure proper
520520 20 care and maintenance of officer-worn body cameras. Upon
521521 21 becoming aware, officers must as soon as practical
522522 22 document and notify the appropriate supervisor of any
523523 23 technical difficulties, failures, or problems with the
524524 24 officer-worn body camera or associated equipment. Upon
525525 25 receiving notice, the appropriate supervisor shall make
526526 26 every reasonable effort to correct and repair any of the
527527
528528
529529
530530
531531
532532 HB1611 - 14 - LRB103 00014 DTM 45014 b
533533
534534
535535 HB1611- 15 -LRB103 00014 DTM 45014 b HB1611 - 15 - LRB103 00014 DTM 45014 b
536536 HB1611 - 15 - LRB103 00014 DTM 45014 b
537537 1 officer-worn body camera equipment.
538538 2 (11) No officer may hinder or prohibit any person, not
539539 3 a law enforcement officer, from recording a law
540540 4 enforcement officer in the performance of his or her
541541 5 duties in a public place or when the officer has no
542542 6 reasonable expectation of privacy. The law enforcement
543543 7 agency's written policy shall indicate the potential
544544 8 criminal penalties, as well as any departmental
545545 9 discipline, which may result from unlawful confiscation or
546546 10 destruction of the recording medium of a person who is not
547547 11 a law enforcement officer. However, an officer may take
548548 12 reasonable action to maintain safety and control, secure
549549 13 crime scenes and accident sites, protect the integrity and
550550 14 confidentiality of investigations, and protect the public
551551 15 safety and order.
552552 16 (b) Recordings made with the use of an officer-worn body
553553 17 camera are not subject to disclosure under the Freedom of
554554 18 Information Act, except that:
555555 19 (1) if the subject of the encounter has a reasonable
556556 20 expectation of privacy, at the time of the recording, any
557557 21 recording which is flagged, due to the filing of a
558558 22 complaint, discharge of a firearm, use of force, arrest or
559559 23 detention, or resulting death or bodily harm, shall be
560560 24 disclosed in accordance with the Freedom of Information
561561 25 Act if:
562562 26 (A) the subject of the encounter captured on the
563563
564564
565565
566566
567567
568568 HB1611 - 15 - LRB103 00014 DTM 45014 b
569569
570570
571571 HB1611- 16 -LRB103 00014 DTM 45014 b HB1611 - 16 - LRB103 00014 DTM 45014 b
572572 HB1611 - 16 - LRB103 00014 DTM 45014 b
573573 1 recording is a victim or witness; and
574574 2 (B) the law enforcement agency obtains written
575575 3 permission of the subject or the subject's legal
576576 4 representative;
577577 5 (2) except as provided in paragraph (1) of this
578578 6 subsection (b), any recording which is flagged due to the
579579 7 filing of a complaint, discharge of a firearm, use of
580580 8 force, arrest or detention, or resulting death or bodily
581581 9 harm shall be disclosed in accordance with the Freedom of
582582 10 Information Act; and
583583 11 (3) upon request, the law enforcement agency shall
584584 12 disclose, in accordance with the Freedom of Information
585585 13 Act, the recording to the subject of the encounter
586586 14 captured on the recording or to the subject's attorney, or
587587 15 the officer or his or her legal representative.
588588 16 For the purposes of paragraph (1) of this subsection (b),
589589 17 the subject of the encounter does not have a reasonable
590590 18 expectation of privacy if the subject was arrested as a result
591591 19 of the encounter. For purposes of subparagraph (A) of
592592 20 paragraph (1) of this subsection (b), "witness" does not
593593 21 include a person who is a victim or who was arrested as a
594594 22 result of the encounter.
595595 23 Only recordings or portions of recordings responsive to
596596 24 the request shall be available for inspection or reproduction.
597597 25 Any recording disclosed under the Freedom of Information Act
598598 26 shall be redacted to remove identification of any person that
599599
600600
601601
602602
603603
604604 HB1611 - 16 - LRB103 00014 DTM 45014 b
605605
606606
607607 HB1611- 17 -LRB103 00014 DTM 45014 b HB1611 - 17 - LRB103 00014 DTM 45014 b
608608 HB1611 - 17 - LRB103 00014 DTM 45014 b
609609 1 appears on the recording and is not the officer, a subject of
610610 2 the encounter, or directly involved in the encounter. Nothing
611611 3 in this subsection (b) shall require the disclosure of any
612612 4 recording or portion of any recording which would be exempt
613613 5 from disclosure under the Freedom of Information Act.
614614 6 (b-5) A law enforcement agency may use the digital
615615 7 repository developed by the Department of Innovation and
616616 8 Technology under Section 1-15 of the Department of Innovation
617617 9 and Technology Act for the collection, storage, retention, and
618618 10 retrieval of officer-worn body camera recordings.
619619 11 (c) Nothing in this Section shall limit access to a camera
620620 12 recording for the purposes of complying with Supreme Court
621621 13 rules or the rules of evidence.
622622 14 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
623623 15 102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
624624 16 Section 99. Effective date. This Act takes effect upon
625625 17 becoming law.
626626
627627
628628
629629
630630
631631 HB1611 - 17 - LRB103 00014 DTM 45014 b