Illinois 2023-2024 Regular Session

Illinois House Bill HB2413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	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.
7	7	LRB103 28249 BMS 54628 b LRB103 28249 BMS 54628 b
8	8	LRB103 28249 BMS 54628 b
9	9	A BILL FOR
10	10	HB2413LRB103 28249 BMS 54628 b HB2413 LRB103 28249 BMS 54628 b
11	11	HB2413 LRB103 28249 BMS 54628 b
12	12	1 AN ACT concerning State government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Public
16	16	5 Official Body Camera Act.
17	17	6 Section 5. Definitions. In this Act:
18	18	7 "Body camera" means an electronic camera system for
19	19	8 creating, generating, sending, receiving, storing, displaying,
20	20	9 and processing audiovisual recordings that may be worn about
21	21	10 the person wearing the device.
22	22	11 "Official duties" means the duties and responsibilities of
23	23	12 the public official that may vary depending on the role of the
24	24	13 public official.
25	25	14 "Public official" means any person who is elected or
26	26	15 appointed to public office.
27	27	16 Section 10. Requirements; body cameras.
28	28	17 (a) The State Board of Elections shall develop rules for
29	29	18 the use of body cameras by public officials of this State. The
30	30	19 policy adopted must include, at a minimum, all of the
31	31	20 following:
32	32	21 (1) Cameras must be equipped with pre-event recording,
33	33	22 capable of recording at least the 30 seconds prior to
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2413 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
38	38	New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
39	39	New Act
40	40	5 ILCS 140/7.5
41	41	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.
42	42	LRB103 28249 BMS 54628 b LRB103 28249 BMS 54628 b
43	43	LRB103 28249 BMS 54628 b
44	44	A BILL FOR
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50	50	New Act
51	51	5 ILCS 140/7.5
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70	70	1 camera activation.
71	71	2 (2) Cameras must be capable of recording for a period
72	72	3 of 10 hours or more.
73	73	4 (3) Cameras must be turned on at all times when the
74	74	5 public official is engaged in his or her official duties.
75	75	6 The State Board of Elections shall prescribe when a public
76	76	7 official needs to wear a body camera to be in compliance
77	77	8 with this Act.
78	78	9 (4) The public official must provide notice of
79	79	10 recording to any person if the person has a reasonable
80	80	11 expectation of privacy and proof of notice must be evident
81	81	12 in the recording.
82	82	13 (5) Recordings made on a body camera worn by a public
83	83	14 official must be retained on a recording medium for a
84	84	15 period of 90 days. Under no circumstances shall any
85	85	16 recording made with an body camera worn by a public
86	86	17 official be altered, erased, or destroyed prior to the
87	87	18 expiration of the 90-day storage period.
88	88	19 (6) For the purposes of redaction, labeling, or
89	89	20 duplicating recordings, access to camera recordings shall
90	90	21 be restricted to only those personnel responsible for
91	91	22 those purposes.
92	92	23 (b) Recordings made with the use of a body camera worn by a
93	93	24 public official are not subject to disclosure under the
94	94	25 Freedom of Information Act. Only recordings or portions of
95	95	26 recordings responsive to the request shall be available for
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106	106	1 inspection or reproduction. Nothing in this subsection (b)
107	107	2 shall require the disclosure of any recording or portion of
108	108	3 any recording which would be exempt from disclosure under the
109	109	4 Freedom of Information Act. Nothing in this Section shall
110	110	5 limit access to a camera recording for the purposes of
111	111	6 complying with Supreme Court rules or the rules of evidence.
112	112	7 Section 15. Evidence. The recordings may be used as
113	113	8 evidence in any administrative, judicial, legislative, or
114	114	9 disciplinary proceeding. If a court or other finder of fact
115	115	10 finds by a preponderance of the evidence that a recording was
116	116	11 intentionally not captured, destroyed, altered, or
117	117	12 intermittently captured in violation of this Act, then the
118	118	13 court or other finder of fact shall consider or be instructed
119	119	14 to consider that violation in weighing the evidence, unless
120	120	15 the State provides a reasonable justification.
121	121	16 Section 105. The Freedom of Information Act is amended by
122	122	17 changing Section 7.5 as follows:
123	123	18 (5 ILCS 140/7.5)
124	124	19 Sec. 7.5. Statutory exemptions. To the extent provided for
125	125	20 by the statutes referenced below, the following shall be
126	126	21 exempt from inspection and copying:
127	127	22 (a) All information determined to be confidential
128	128	23 under Section 4002 of the Technology Advancement and
129	129
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139	139	1 Development Act.
140	140	2 (b) Library circulation and order records identifying
141	141	3 library users with specific materials under the Library
142	142	4 Records Confidentiality Act.
143	143	5 (c) Applications, related documents, and medical
144	144	6 records received by the Experimental Organ Transplantation
145	145	7 Procedures Board and any and all documents or other
146	146	8 records prepared by the Experimental Organ Transplantation
147	147	9 Procedures Board or its staff relating to applications it
148	148	10 has received.
149	149	11 (d) Information and records held by the Department of
150	150	12 Public Health and its authorized representatives relating
151	151	13 to known or suspected cases of sexually transmissible
152	152	14 disease or any information the disclosure of which is
153	153	15 restricted under the Illinois Sexually Transmissible
154	154	16 Disease Control Act.
155	155	17 (e) Information the disclosure of which is exempted
156	156	18 under Section 30 of the Radon Industry Licensing Act.
157	157	19 (f) Firm performance evaluations under Section 55 of
158	158	20 the Architectural, Engineering, and Land Surveying
159	159	21 Qualifications Based Selection Act.
160	160	22 (g) Information the disclosure of which is restricted
161	161	23 and exempted under Section 50 of the Illinois Prepaid
162	162	24 Tuition Act.
163	163	25 (h) Information the disclosure of which is exempted
164	164	26 under the State Officials and Employees Ethics Act, and
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175	175	1 records of any lawfully created State or local inspector
176	176	2 general's office that would be exempt if created or
177	177	3 obtained by an Executive Inspector General's office under
178	178	4 that Act.
179	179	5 (i) Information contained in a local emergency energy
180	180	6 plan submitted to a municipality in accordance with a
181	181	7 local emergency energy plan ordinance that is adopted
182	182	8 under Section 11-21.5-5 of the Illinois Municipal Code.
183	183	9 (j) Information and data concerning the distribution
184	184	10 of surcharge moneys collected and remitted by carriers
185	185	11 under the Emergency Telephone System Act.
186	186	12 (k) Law enforcement officer identification information
187	187	13 or driver identification information compiled by a law
188	188	14 enforcement agency or the Department of Transportation
189	189	15 under Section 11-212 of the Illinois Vehicle Code.
190	190	16 (l) Records and information provided to a residential
191	191	17 health care facility resident sexual assault and death
192	192	18 review team or the Executive Council under the Abuse
193	193	19 Prevention Review Team Act.
194	194	20 (m) Information provided to the predatory lending
195	195	21 database created pursuant to Article 3 of the Residential
196	196	22 Real Property Disclosure Act, except to the extent
197	197	23 authorized under that Article.
198	198	24 (n) Defense budgets and petitions for certification of
199	199	25 compensation and expenses for court appointed trial
200	200	26 counsel as provided under Sections 10 and 15 of the
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211	211	1 Capital Crimes Litigation Act. This subsection (n) shall
212	212	2 apply until the conclusion of the trial of the case, even
213	213	3 if the prosecution chooses not to pursue the death penalty
214	214	4 prior to trial or sentencing.
215	215	5 (o) Information that is prohibited from being
216	216	6 disclosed under Section 4 of the Illinois Health and
217	217	7 Hazardous Substances Registry Act.
218	218	8 (p) Security portions of system safety program plans,
219	219	9 investigation reports, surveys, schedules, lists, data, or
220	220	10 information compiled, collected, or prepared by or for the
221	221	11 Department of Transportation under Sections 2705-300 and
222	222	12 2705-616 of the Department of Transportation Law of the
223	223	13 Civil Administrative Code of Illinois, the Regional
224	224	14 Transportation Authority under Section 2.11 of the
225	225	15 Regional Transportation Authority Act, or the St. Clair
226	226	16 County Transit District under the Bi-State Transit Safety
227	227	17 Act.
228	228	18 (q) Information prohibited from being disclosed by the
229	229	19 Personnel Record Review Act.
230	230	20 (r) Information prohibited from being disclosed by the
231	231	21 Illinois School Student Records Act.
232	232	22 (s) Information the disclosure of which is restricted
233	233	23 under Section 5-108 of the Public Utilities Act.
234	234	24 (t) All identified or deidentified health information
235	235	25 in the form of health data or medical records contained
236	236	26 in, stored in, submitted to, transferred by, or released
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247	247	1 from the Illinois Health Information Exchange, and
248	248	2 identified or deidentified health information in the form
249	249	3 of health data and medical records of the Illinois Health
250	250	4 Information Exchange in the possession of the Illinois
251	251	5 Health Information Exchange Office due to its
252	252	6 administration of the Illinois Health Information
253	253	7 Exchange. The terms "identified" and "deidentified" shall
254	254	8 be given the same meaning as in the Health Insurance
255	255	9 Portability and Accountability Act of 1996, Public Law
256	256	10 104-191, or any subsequent amendments thereto, and any
257	257	11 regulations promulgated thereunder.
258	258	12 (u) Records and information provided to an independent
259	259	13 team of experts under the Developmental Disability and
260	260	14 Mental Health Safety Act (also known as Brian's Law).
261	261	15 (v) Names and information of people who have applied
262	262	16 for or received Firearm Owner's Identification Cards under
263	263	17 the Firearm Owners Identification Card Act or applied for
264	264	18 or received a concealed carry license under the Firearm
265	265	19 Concealed Carry Act, unless otherwise authorized by the
266	266	20 Firearm Concealed Carry Act; and databases under the
267	267	21 Firearm Concealed Carry Act, records of the Concealed
268	268	22 Carry Licensing Review Board under the Firearm Concealed
269	269	23 Carry Act, and law enforcement agency objections under the
270	270	24 Firearm Concealed Carry Act.
271	271	25 (v-5) Records of the Firearm Owner's Identification
272	272	26 Card Review Board that are exempted from disclosure under
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283	283	1 Section 10 of the Firearm Owners Identification Card Act.
284	284	2 (w) Personally identifiable information which is
285	285	3 exempted from disclosure under subsection (g) of Section
286	286	4 19.1 of the Toll Highway Act.
287	287	5 (x) Information which is exempted from disclosure
288	288	6 under Section 5-1014.3 of the Counties Code or Section
289	289	7 8-11-21 of the Illinois Municipal Code.
290	290	8 (y) Confidential information under the Adult
291	291	9 Protective Services Act and its predecessor enabling
292	292	10 statute, the Elder Abuse and Neglect Act, including
293	293	11 information about the identity and administrative finding
294	294	12 against any caregiver of a verified and substantiated
295	295	13 decision of abuse, neglect, or financial exploitation of
296	296	14 an eligible adult maintained in the Registry established
297	297	15 under Section 7.5 of the Adult Protective Services Act.
298	298	16 (z) Records and information provided to a fatality
299	299	17 review team or the Illinois Fatality Review Team Advisory
300	300	18 Council under Section 15 of the Adult Protective Services
301	301	19 Act.
302	302	20 (aa) Information which is exempted from disclosure
303	303	21 under Section 2.37 of the Wildlife Code.
304	304	22 (bb) Information which is or was prohibited from
305	305	23 disclosure by the Juvenile Court Act of 1987.
306	306	24 (cc) Recordings made under the Law Enforcement
307	307	25 Officer-Worn Body Camera Act, except to the extent
308	308	26 authorized under that Act.
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319	319	1 (dd) Information that is prohibited from being
320	320	2 disclosed under Section 45 of the Condominium and Common
321	321	3 Interest Community Ombudsperson Act.
322	322	4 (ee) Information that is exempted from disclosure
323	323	5 under Section 30.1 of the Pharmacy Practice Act.
324	324	6 (ff) Information that is exempted from disclosure
325	325	7 under the Revised Uniform Unclaimed Property Act.
326	326	8 (gg) Information that is prohibited from being
327	327	9 disclosed under Section 7-603.5 of the Illinois Vehicle
328	328	10 Code.
329	329	11 (hh) Records that are exempt from disclosure under
330	330	12 Section 1A-16.7 of the Election Code.
331	331	13 (ii) Information which is exempted from disclosure
332	332	14 under Section 2505-800 of the Department of Revenue Law of
333	333	15 the Civil Administrative Code of Illinois.
334	334	16 (jj) Information and reports that are required to be
335	335	17 submitted to the Department of Labor by registering day
336	336	18 and temporary labor service agencies but are exempt from
337	337	19 disclosure under subsection (a-1) of Section 45 of the Day
338	338	20 and Temporary Labor Services Act.
339	339	21 (kk) Information prohibited from disclosure under the
340	340	22 Seizure and Forfeiture Reporting Act.
341	341	23 (ll) Information the disclosure of which is restricted
342	342	24 and exempted under Section 5-30.8 of the Illinois Public
343	343	25 Aid Code.
344	344	26 (mm) Records that are exempt from disclosure under
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355	355	1 Section 4.2 of the Crime Victims Compensation Act.
356	356	2 (nn) Information that is exempt from disclosure under
357	357	3 Section 70 of the Higher Education Student Assistance Act.
358	358	4 (oo) Communications, notes, records, and reports
359	359	5 arising out of a peer support counseling session
360	360	6 prohibited from disclosure under the First Responders
361	361	7 Suicide Prevention Act.
362	362	8 (pp) Names and all identifying information relating to
363	363	9 an employee of an emergency services provider or law
364	364	10 enforcement agency under the First Responders Suicide
365	365	11 Prevention Act.
366	366	12 (qq) Information and records held by the Department of
367	367	13 Public Health and its authorized representatives collected
368	368	14 under the Reproductive Health Act.
369	369	15 (rr) Information that is exempt from disclosure under
370	370	16 the Cannabis Regulation and Tax Act.
371	371	17 (ss) Data reported by an employer to the Department of
372	372	18 Human Rights pursuant to Section 2-108 of the Illinois
373	373	19 Human Rights Act.
374	374	20 (tt) Recordings made under the Children's Advocacy
375	375	21 Center Act, except to the extent authorized under that
376	376	22 Act.
377	377	23 (uu) Information that is exempt from disclosure under
378	378	24 Section 50 of the Sexual Assault Evidence Submission Act.
379	379	25 (vv) Information that is exempt from disclosure under
380	380	26 subsections (f) and (j) of Section 5-36 of the Illinois
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391	391	1 Public Aid Code.
392	392	2 (ww) Information that is exempt from disclosure under
393	393	3 Section 16.8 of the State Treasurer Act.
394	394	4 (xx) Information that is exempt from disclosure or
395	395	5 information that shall not be made public under the
396	396	6 Illinois Insurance Code.
397	397	7 (yy) Information prohibited from being disclosed under
398	398	8 the Illinois Educational Labor Relations Act.
399	399	9 (zz) Information prohibited from being disclosed under
400	400	10 the Illinois Public Labor Relations Act.
401	401	11 (aaa) Information prohibited from being disclosed
402	402	12 under Section 1-167 of the Illinois Pension Code.
403	403	13 (bbb) Information that is prohibited from disclosure
404	404	14 by the Illinois Police Training Act and the Illinois State
405	405	15 Police Act.
406	406	16 (ccc) Records exempt from disclosure under Section
407	407	17 2605-304 of the Illinois State Police Law of the Civil
408	408	18 Administrative Code of Illinois.
409	409	19 (ddd) Information prohibited from being disclosed
410	410	20 under Section 35 of the Address Confidentiality for
411	411	21 Victims of Domestic Violence, Sexual Assault, Human
412	412	22 Trafficking, or Stalking Act.
413	413	23 (eee) Information prohibited from being disclosed
414	414	24 under subsection (b) of Section 75 of the Domestic
415	415	25 Violence Fatality Review Act.
416	416	26 (fff) Images from cameras under the Expressway Camera
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427	427	1 Act. This subsection (fff) is inoperative on and after
428	428	2 July 1, 2023.
429	429	3 (ggg) Information prohibited from disclosure under
430	430	4 paragraph (3) of subsection (a) of Section 14 of the Nurse
431	431	5 Agency Licensing Act.
432	432	6 (hhh) Information submitted to the Department of State
433	433	7 Police in an affidavit or application for an assault
434	434	8 weapon endorsement, assault weapon attachment endorsement,
435	435	9 .50 caliber rifle endorsement, or .50 caliber cartridge
436	436	10 endorsement under the Firearm Owners Identification Card
437	437	11 Act.
438	438	12 (iii) Recordings made under the Public Official Body
439	439	13 Camera Act, except to the extent authorized under that
440	440	14 Act.
441	441	15 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
442	442	16 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
443	443	17 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
444	444	18 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
445	445	19 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
446	446	20 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
447	447	21 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
448	448	22 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
449	449	23 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
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