103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are not subject to disclosure under the Freedom of Information Act. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. Makes conforming changes to the Freedom of Information Act. LRB103 28249 BMS 54628 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5 Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are not subject to disclosure under the Freedom of Information Act. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. Makes conforming changes to the Freedom of Information Act. LRB103 28249 BMS 54628 b LRB103 28249 BMS 54628 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
New Act
5 ILCS 140/7.5
Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are not subject to disclosure under the Freedom of Information Act. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.
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A BILL FOR
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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Public
5 Official Body Camera Act.
6 Section 5. Definitions. In this Act:
7 "Body camera" means an electronic camera system for
8 creating, generating, sending, receiving, storing, displaying,
9 and processing audiovisual recordings that may be worn about
10 the person wearing the device.
11 "Official duties" means the duties and responsibilities of
12 the public official that may vary depending on the role of the
13 public official.
14 "Public official" means any person who is elected or
15 appointed to public office.
16 Section 10. Requirements; body cameras.
17 (a) The State Board of Elections shall develop rules for
18 the use of body cameras by public officials of this State. The
19 policy adopted must include, at a minimum, all of the
20 following:
21 (1) Cameras must be equipped with pre-event recording,
22 capable of recording at least the 30 seconds prior to
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
New Act
5 ILCS 140/7.5
Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are not subject to disclosure under the Freedom of Information Act. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.
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A BILL FOR
New Act
5 ILCS 140/7.5
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1 camera activation.
2 (2) Cameras must be capable of recording for a period
3 of 10 hours or more.
4 (3) Cameras must be turned on at all times when the
5 public official is engaged in his or her official duties.
6 The State Board of Elections shall prescribe when a public
7 official needs to wear a body camera to be in compliance
8 with this Act.
9 (4) The public official must provide notice of
10 recording to any person if the person has a reasonable
11 expectation of privacy and proof of notice must be evident
12 in the recording.
13 (5) Recordings made on a body camera worn by a public
14 official must be retained on a recording medium for a
15 period of 90 days. Under no circumstances shall any
16 recording made with an body camera worn by a public
17 official be altered, erased, or destroyed prior to the
18 expiration of the 90-day storage period.
19 (6) For the purposes of redaction, labeling, or
20 duplicating recordings, access to camera recordings shall
21 be restricted to only those personnel responsible for
22 those purposes.
23 (b) Recordings made with the use of a body camera worn by a
24 public official are not subject to disclosure under the
25 Freedom of Information Act. Only recordings or portions of
26 recordings responsive to the request shall be available for
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1 inspection or reproduction. Nothing in this subsection (b)
2 shall require the disclosure of any recording or portion of
3 any recording which would be exempt from disclosure under the
4 Freedom of Information Act. Nothing in this Section shall
5 limit access to a camera recording for the purposes of
6 complying with Supreme Court rules or the rules of evidence.
7 Section 15. Evidence. The recordings may be used as
8 evidence in any administrative, judicial, legislative, or
9 disciplinary proceeding. If a court or other finder of fact
10 finds by a preponderance of the evidence that a recording was
11 intentionally not captured, destroyed, altered, or
12 intermittently captured in violation of this Act, then the
13 court or other finder of fact shall consider or be instructed
14 to consider that violation in weighing the evidence, unless
15 the State provides a reasonable justification.
16 Section 105. The Freedom of Information Act is amended by
17 changing Section 7.5 as follows:
18 (5 ILCS 140/7.5)
19 Sec. 7.5. Statutory exemptions. To the extent provided for
20 by the statutes referenced below, the following shall be
21 exempt from inspection and copying:
22 (a) All information determined to be confidential
23 under Section 4002 of the Technology Advancement and
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1 Development Act.
2 (b) Library circulation and order records identifying
3 library users with specific materials under the Library
4 Records Confidentiality Act.
5 (c) Applications, related documents, and medical
6 records received by the Experimental Organ Transplantation
7 Procedures Board and any and all documents or other
8 records prepared by the Experimental Organ Transplantation
9 Procedures Board or its staff relating to applications it
10 has received.
11 (d) Information and records held by the Department of
12 Public Health and its authorized representatives relating
13 to known or suspected cases of sexually transmissible
14 disease or any information the disclosure of which is
15 restricted under the Illinois Sexually Transmissible
16 Disease Control Act.
17 (e) Information the disclosure of which is exempted
18 under Section 30 of the Radon Industry Licensing Act.
19 (f) Firm performance evaluations under Section 55 of
20 the Architectural, Engineering, and Land Surveying
21 Qualifications Based Selection Act.
22 (g) Information the disclosure of which is restricted
23 and exempted under Section 50 of the Illinois Prepaid
24 Tuition Act.
25 (h) Information the disclosure of which is exempted
26 under the State Officials and Employees Ethics Act, and
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1 records of any lawfully created State or local inspector
2 general's office that would be exempt if created or
3 obtained by an Executive Inspector General's office under
4 that Act.
5 (i) Information contained in a local emergency energy
6 plan submitted to a municipality in accordance with a
7 local emergency energy plan ordinance that is adopted
8 under Section 11-21.5-5 of the Illinois Municipal Code.
9 (j) Information and data concerning the distribution
10 of surcharge moneys collected and remitted by carriers
11 under the Emergency Telephone System Act.
12 (k) Law enforcement officer identification information
13 or driver identification information compiled by a law
14 enforcement agency or the Department of Transportation
15 under Section 11-212 of the Illinois Vehicle Code.
16 (l) Records and information provided to a residential
17 health care facility resident sexual assault and death
18 review team or the Executive Council under the Abuse
19 Prevention Review Team Act.
20 (m) Information provided to the predatory lending
21 database created pursuant to Article 3 of the Residential
22 Real Property Disclosure Act, except to the extent
23 authorized under that Article.
24 (n) Defense budgets and petitions for certification of
25 compensation and expenses for court appointed trial
26 counsel as provided under Sections 10 and 15 of the
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1 Capital Crimes Litigation Act. This subsection (n) shall
2 apply until the conclusion of the trial of the case, even
3 if the prosecution chooses not to pursue the death penalty
4 prior to trial or sentencing.
5 (o) Information that is prohibited from being
6 disclosed under Section 4 of the Illinois Health and
7 Hazardous Substances Registry Act.
8 (p) Security portions of system safety program plans,
9 investigation reports, surveys, schedules, lists, data, or
10 information compiled, collected, or prepared by or for the
11 Department of Transportation under Sections 2705-300 and
12 2705-616 of the Department of Transportation Law of the
13 Civil Administrative Code of Illinois, the Regional
14 Transportation Authority under Section 2.11 of the
15 Regional Transportation Authority Act, or the St. Clair
16 County Transit District under the Bi-State Transit Safety
17 Act.
18 (q) Information prohibited from being disclosed by the
19 Personnel Record Review Act.
20 (r) Information prohibited from being disclosed by the
21 Illinois School Student Records Act.
22 (s) Information the disclosure of which is restricted
23 under Section 5-108 of the Public Utilities Act.
24 (t) All identified or deidentified health information
25 in the form of health data or medical records contained
26 in, stored in, submitted to, transferred by, or released
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1 from the Illinois Health Information Exchange, and
2 identified or deidentified health information in the form
3 of health data and medical records of the Illinois Health
4 Information Exchange in the possession of the Illinois
5 Health Information Exchange Office due to its
6 administration of the Illinois Health Information
7 Exchange. The terms "identified" and "deidentified" shall
8 be given the same meaning as in the Health Insurance
9 Portability and Accountability Act of 1996, Public Law
10 104-191, or any subsequent amendments thereto, and any
11 regulations promulgated thereunder.
12 (u) Records and information provided to an independent
13 team of experts under the Developmental Disability and
14 Mental Health Safety Act (also known as Brian's Law).
15 (v) Names and information of people who have applied
16 for or received Firearm Owner's Identification Cards under
17 the Firearm Owners Identification Card Act or applied for
18 or received a concealed carry license under the Firearm
19 Concealed Carry Act, unless otherwise authorized by the
20 Firearm Concealed Carry Act; and databases under the
21 Firearm Concealed Carry Act, records of the Concealed
22 Carry Licensing Review Board under the Firearm Concealed
23 Carry Act, and law enforcement agency objections under the
24 Firearm Concealed Carry Act.
25 (v-5) Records of the Firearm Owner's Identification
26 Card Review Board that are exempted from disclosure under
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1 Section 10 of the Firearm Owners Identification Card Act.
2 (w) Personally identifiable information which is
3 exempted from disclosure under subsection (g) of Section
4 19.1 of the Toll Highway Act.
5 (x) Information which is exempted from disclosure
6 under Section 5-1014.3 of the Counties Code or Section
7 8-11-21 of the Illinois Municipal Code.
8 (y) Confidential information under the Adult
9 Protective Services Act and its predecessor enabling
10 statute, the Elder Abuse and Neglect Act, including
11 information about the identity and administrative finding
12 against any caregiver of a verified and substantiated
13 decision of abuse, neglect, or financial exploitation of
14 an eligible adult maintained in the Registry established
15 under Section 7.5 of the Adult Protective Services Act.
16 (z) Records and information provided to a fatality
17 review team or the Illinois Fatality Review Team Advisory
18 Council under Section 15 of the Adult Protective Services
19 Act.
20 (aa) Information which is exempted from disclosure
21 under Section 2.37 of the Wildlife Code.
22 (bb) Information which is or was prohibited from
23 disclosure by the Juvenile Court Act of 1987.
24 (cc) Recordings made under the Law Enforcement
25 Officer-Worn Body Camera Act, except to the extent
26 authorized under that Act.
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1 (dd) Information that is prohibited from being
2 disclosed under Section 45 of the Condominium and Common
3 Interest Community Ombudsperson Act.
4 (ee) Information that is exempted from disclosure
5 under Section 30.1 of the Pharmacy Practice Act.
6 (ff) Information that is exempted from disclosure
7 under the Revised Uniform Unclaimed Property Act.
8 (gg) Information that is prohibited from being
9 disclosed under Section 7-603.5 of the Illinois Vehicle
10 Code.
11 (hh) Records that are exempt from disclosure under
12 Section 1A-16.7 of the Election Code.
13 (ii) Information which is exempted from disclosure
14 under Section 2505-800 of the Department of Revenue Law of
15 the Civil Administrative Code of Illinois.
16 (jj) Information and reports that are required to be
17 submitted to the Department of Labor by registering day
18 and temporary labor service agencies but are exempt from
19 disclosure under subsection (a-1) of Section 45 of the Day
20 and Temporary Labor Services Act.
21 (kk) Information prohibited from disclosure under the
22 Seizure and Forfeiture Reporting Act.
23 (ll) Information the disclosure of which is restricted
24 and exempted under Section 5-30.8 of the Illinois Public
25 Aid Code.
26 (mm) Records that are exempt from disclosure under
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1 Section 4.2 of the Crime Victims Compensation Act.
2 (nn) Information that is exempt from disclosure under
3 Section 70 of the Higher Education Student Assistance Act.
4 (oo) Communications, notes, records, and reports
5 arising out of a peer support counseling session
6 prohibited from disclosure under the First Responders
7 Suicide Prevention Act.
8 (pp) Names and all identifying information relating to
9 an employee of an emergency services provider or law
10 enforcement agency under the First Responders Suicide
11 Prevention Act.
12 (qq) Information and records held by the Department of
13 Public Health and its authorized representatives collected
14 under the Reproductive Health Act.
15 (rr) Information that is exempt from disclosure under
16 the Cannabis Regulation and Tax Act.
17 (ss) Data reported by an employer to the Department of
18 Human Rights pursuant to Section 2-108 of the Illinois
19 Human Rights Act.
20 (tt) Recordings made under the Children's Advocacy
21 Center Act, except to the extent authorized under that
22 Act.
23 (uu) Information that is exempt from disclosure under
24 Section 50 of the Sexual Assault Evidence Submission Act.
25 (vv) Information that is exempt from disclosure under
26 subsections (f) and (j) of Section 5-36 of the Illinois
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1 Public Aid Code.
2 (ww) Information that is exempt from disclosure under
3 Section 16.8 of the State Treasurer Act.
4 (xx) Information that is exempt from disclosure or
5 information that shall not be made public under the
6 Illinois Insurance Code.
7 (yy) Information prohibited from being disclosed under
8 the Illinois Educational Labor Relations Act.
9 (zz) Information prohibited from being disclosed under
10 the Illinois Public Labor Relations Act.
11 (aaa) Information prohibited from being disclosed
12 under Section 1-167 of the Illinois Pension Code.
13 (bbb) Information that is prohibited from disclosure
14 by the Illinois Police Training Act and the Illinois State
15 Police Act.
16 (ccc) Records exempt from disclosure under Section
17 2605-304 of the Illinois State Police Law of the Civil
18 Administrative Code of Illinois.
19 (ddd) Information prohibited from being disclosed
20 under Section 35 of the Address Confidentiality for
21 Victims of Domestic Violence, Sexual Assault, Human
22 Trafficking, or Stalking Act.
23 (eee) Information prohibited from being disclosed
24 under subsection (b) of Section 75 of the Domestic
25 Violence Fatality Review Act.
26 (fff) Images from cameras under the Expressway Camera
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1 Act. This subsection (fff) is inoperative on and after
2 July 1, 2023.
3 (ggg) Information prohibited from disclosure under
4 paragraph (3) of subsection (a) of Section 14 of the Nurse
5 Agency Licensing Act.
6 (hhh) Information submitted to the Department of State
7 Police in an affidavit or application for an assault
8 weapon endorsement, assault weapon attachment endorsement,
9 .50 caliber rifle endorsement, or .50 caliber cartridge
10 endorsement under the Firearm Owners Identification Card
11 Act.
12 (iii) Recordings made under the Public Official Body
13 Camera Act, except to the extent authorized under that
14 Act.
15 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
16 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
17 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
18 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
19 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
20 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
21 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
22 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
23 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
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