Illinois 2023-2024 Regular Session

Illinois House Bill HB3815 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 HB3815 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 50 ILCS 706/10-1050 ILCS 706/10-2050 ILCS 707/1550 ILCS 707/20720 ILCS 5/14-3 Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. LRB103 30118 AWJ 56542 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3815 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 50 ILCS 706/10-1050 ILCS 706/10-2050 ILCS 707/1550 ILCS 707/20720 ILCS 5/14-3 5 ILCS 140/7.5 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/15 50 ILCS 707/20 720 ILCS 5/14-3 Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. LRB103 30118 AWJ 56542 b LRB103 30118 AWJ 56542 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3815 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/7.5 50 ILCS 706/10-1050 ILCS 706/10-2050 ILCS 707/1550 ILCS 707/20720 ILCS 5/14-3 5 ILCS 140/7.5 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/15 50 ILCS 707/20 720 ILCS 5/14-3
4	4	5 ILCS 140/7.5
5	5	50 ILCS 706/10-10
6	6	50 ILCS 706/10-20
7	7	50 ILCS 707/15
8	8	50 ILCS 707/20
9	9	720 ILCS 5/14-3
10	10	Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes.
11	11	LRB103 30118 AWJ 56542 b LRB103 30118 AWJ 56542 b
12	12	LRB103 30118 AWJ 56542 b
13	13	A BILL FOR
14	14	HB3815LRB103 30118 AWJ 56542 b HB3815 LRB103 30118 AWJ 56542 b
15	15	HB3815 LRB103 30118 AWJ 56542 b
16	16	1 AN ACT concerning government.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Freedom of Information Act is amended by
20	20	5 changing Section 7.5 as follows:
21	21	6 (5 ILCS 140/7.5)
22	22	7 Sec. 7.5. Statutory exemptions. To the extent provided for
23	23	8 by the statutes referenced below, the following shall be
24	24	9 exempt from inspection and copying:
25	25	10 (a) All information determined to be confidential
26	26	11 under Section 4002 of the Technology Advancement and
27	27	12 Development Act.
28	28	13 (b) Library circulation and order records identifying
29	29	14 library users with specific materials under the Library
30	30	15 Records Confidentiality Act.
31	31	16 (c) Applications, related documents, and medical
32	32	17 records received by the Experimental Organ Transplantation
33	33	18 Procedures Board and any and all documents or other
34	34	19 records prepared by the Experimental Organ Transplantation
35	35	20 Procedures Board or its staff relating to applications it
36	36	21 has received.
37	37	22 (d) Information and records held by the Department of
38	38	23 Public Health and its authorized representatives relating
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3815 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
43	43	5 ILCS 140/7.5 50 ILCS 706/10-1050 ILCS 706/10-2050 ILCS 707/1550 ILCS 707/20720 ILCS 5/14-3 5 ILCS 140/7.5 50 ILCS 706/10-10 50 ILCS 706/10-20 50 ILCS 707/15 50 ILCS 707/20 720 ILCS 5/14-3
44	44	5 ILCS 140/7.5
45	45	50 ILCS 706/10-10
46	46	50 ILCS 706/10-20
47	47	50 ILCS 707/15
48	48	50 ILCS 707/20
49	49	720 ILCS 5/14-3
50	50	Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes.
51	51	LRB103 30118 AWJ 56542 b LRB103 30118 AWJ 56542 b
52	52	LRB103 30118 AWJ 56542 b
53	53	A BILL FOR
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59	59	5 ILCS 140/7.5
60	60	50 ILCS 706/10-10
61	61	50 ILCS 706/10-20
62	62	50 ILCS 707/15
63	63	50 ILCS 707/20
64	64	720 ILCS 5/14-3
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83	83	1 to known or suspected cases of sexually transmissible
84	84	2 disease or any information the disclosure of which is
85	85	3 restricted under the Illinois Sexually Transmissible
86	86	4 Disease Control Act.
87	87	5 (e) Information the disclosure of which is exempted
88	88	6 under Section 30 of the Radon Industry Licensing Act.
89	89	7 (f) Firm performance evaluations under Section 55 of
90	90	8 the Architectural, Engineering, and Land Surveying
91	91	9 Qualifications Based Selection Act.
92	92	10 (g) Information the disclosure of which is restricted
93	93	11 and exempted under Section 50 of the Illinois Prepaid
94	94	12 Tuition Act.
95	95	13 (h) Information the disclosure of which is exempted
96	96	14 under the State Officials and Employees Ethics Act, and
97	97	15 records of any lawfully created State or local inspector
98	98	16 general's office that would be exempt if created or
99	99	17 obtained by an Executive Inspector General's office under
100	100	18 that Act.
101	101	19 (i) Information contained in a local emergency energy
102	102	20 plan submitted to a municipality in accordance with a
103	103	21 local emergency energy plan ordinance that is adopted
104	104	22 under Section 11-21.5-5 of the Illinois Municipal Code.
105	105	23 (j) Information and data concerning the distribution
106	106	24 of surcharge moneys collected and remitted by carriers
107	107	25 under the Emergency Telephone System Act.
108	108	26 (k) Law enforcement officer identification information
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119	119	1 or driver identification information compiled by a law
120	120	2 enforcement agency or the Department of Transportation
121	121	3 under Section 11-212 of the Illinois Vehicle Code.
122	122	4 (l) Records and information provided to a residential
123	123	5 health care facility resident sexual assault and death
124	124	6 review team or the Executive Council under the Abuse
125	125	7 Prevention Review Team Act.
126	126	8 (m) Information provided to the predatory lending
127	127	9 database created pursuant to Article 3 of the Residential
128	128	10 Real Property Disclosure Act, except to the extent
129	129	11 authorized under that Article.
130	130	12 (n) Defense budgets and petitions for certification of
131	131	13 compensation and expenses for court appointed trial
132	132	14 counsel as provided under Sections 10 and 15 of the
133	133	15 Capital Crimes Litigation Act. This subsection (n) shall
134	134	16 apply until the conclusion of the trial of the case, even
135	135	17 if the prosecution chooses not to pursue the death penalty
136	136	18 prior to trial or sentencing.
137	137	19 (o) Information that is prohibited from being
138	138	20 disclosed under Section 4 of the Illinois Health and
139	139	21 Hazardous Substances Registry Act.
140	140	22 (p) Security portions of system safety program plans,
141	141	23 investigation reports, surveys, schedules, lists, data, or
142	142	24 information compiled, collected, or prepared by or for the
143	143	25 Department of Transportation under Sections 2705-300 and
144	144	26 2705-616 of the Department of Transportation Law of the
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155	155	1 Civil Administrative Code of Illinois, the Regional
156	156	2 Transportation Authority under Section 2.11 of the
157	157	3 Regional Transportation Authority Act, or the St. Clair
158	158	4 County Transit District under the Bi-State Transit Safety
159	159	5 Act.
160	160	6 (q) Information prohibited from being disclosed by the
161	161	7 Personnel Record Review Act.
162	162	8 (r) Information prohibited from being disclosed by the
163	163	9 Illinois School Student Records Act.
164	164	10 (s) Information the disclosure of which is restricted
165	165	11 under Section 5-108 of the Public Utilities Act.
166	166	12 (t) All identified or deidentified health information
167	167	13 in the form of health data or medical records contained
168	168	14 in, stored in, submitted to, transferred by, or released
169	169	15 from the Illinois Health Information Exchange, and
170	170	16 identified or deidentified health information in the form
171	171	17 of health data and medical records of the Illinois Health
172	172	18 Information Exchange in the possession of the Illinois
173	173	19 Health Information Exchange Office due to its
174	174	20 administration of the Illinois Health Information
175	175	21 Exchange. The terms "identified" and "deidentified" shall
176	176	22 be given the same meaning as in the Health Insurance
177	177	23 Portability and Accountability Act of 1996, Public Law
178	178	24 104-191, or any subsequent amendments thereto, and any
179	179	25 regulations promulgated thereunder.
180	180	26 (u) Records and information provided to an independent
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191	191	1 team of experts under the Developmental Disability and
192	192	2 Mental Health Safety Act (also known as Brian's Law).
193	193	3 (v) Names and information of people who have applied
194	194	4 for or received Firearm Owner's Identification Cards under
195	195	5 the Firearm Owners Identification Card Act or applied for
196	196	6 or received a concealed carry license under the Firearm
197	197	7 Concealed Carry Act, unless otherwise authorized by the
198	198	8 Firearm Concealed Carry Act; and databases under the
199	199	9 Firearm Concealed Carry Act, records of the Concealed
200	200	10 Carry Licensing Review Board under the Firearm Concealed
201	201	11 Carry Act, and law enforcement agency objections under the
202	202	12 Firearm Concealed Carry Act.
203	203	13 (v-5) Records of the Firearm Owner's Identification
204	204	14 Card Review Board that are exempted from disclosure under
205	205	15 Section 10 of the Firearm Owners Identification Card Act.
206	206	16 (w) Personally identifiable information which is
207	207	17 exempted from disclosure under subsection (g) of Section
208	208	18 19.1 of the Toll Highway Act.
209	209	19 (x) Information which is exempted from disclosure
210	210	20 under Section 5-1014.3 of the Counties Code or Section
211	211	21 8-11-21 of the Illinois Municipal Code.
212	212	22 (y) Confidential information under the Adult
213	213	23 Protective Services Act and its predecessor enabling
214	214	24 statute, the Elder Abuse and Neglect Act, including
215	215	25 information about the identity and administrative finding
216	216	26 against any caregiver of a verified and substantiated
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227	227	1 decision of abuse, neglect, or financial exploitation of
228	228	2 an eligible adult maintained in the Registry established
229	229	3 under Section 7.5 of the Adult Protective Services Act.
230	230	4 (z) Records and information provided to a fatality
231	231	5 review team or the Illinois Fatality Review Team Advisory
232	232	6 Council under Section 15 of the Adult Protective Services
233	233	7 Act.
234	234	8 (aa) Information which is exempted from disclosure
235	235	9 under Section 2.37 of the Wildlife Code.
236	236	10 (bb) Information which is or was prohibited from
237	237	11 disclosure by the Juvenile Court Act of 1987.
238	238	12 (cc) Recordings or portions of recordings made under
239	239	13 the Law Enforcement Officer-Worn Body Camera Act, except
240	240	14 to the extent authorized under that Act.
241	241	15 (dd) Information that is prohibited from being
242	242	16 disclosed under Section 45 of the Condominium and Common
243	243	17 Interest Community Ombudsperson Act.
244	244	18 (ee) Information that is exempted from disclosure
245	245	19 under Section 30.1 of the Pharmacy Practice Act.
246	246	20 (ff) Information that is exempted from disclosure
247	247	21 under the Revised Uniform Unclaimed Property Act.
248	248	22 (gg) Information that is prohibited from being
249	249	23 disclosed under Section 7-603.5 of the Illinois Vehicle
250	250	24 Code.
251	251	25 (hh) Records that are exempt from disclosure under
252	252	26 Section 1A-16.7 of the Election Code.
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263	263	1 (ii) Information which is exempted from disclosure
264	264	2 under Section 2505-800 of the Department of Revenue Law of
265	265	3 the Civil Administrative Code of Illinois.
266	266	4 (jj) Information and reports that are required to be
267	267	5 submitted to the Department of Labor by registering day
268	268	6 and temporary labor service agencies but are exempt from
269	269	7 disclosure under subsection (a-1) of Section 45 of the Day
270	270	8 and Temporary Labor Services Act.
271	271	9 (kk) Information prohibited from disclosure under the
272	272	10 Seizure and Forfeiture Reporting Act.
273	273	11 (ll) Information the disclosure of which is restricted
274	274	12 and exempted under Section 5-30.8 of the Illinois Public
275	275	13 Aid Code.
276	276	14 (mm) Records that are exempt from disclosure under
277	277	15 Section 4.2 of the Crime Victims Compensation Act.
278	278	16 (nn) Information that is exempt from disclosure under
279	279	17 Section 70 of the Higher Education Student Assistance Act.
280	280	18 (oo) Communications, notes, records, and reports
281	281	19 arising out of a peer support counseling session
282	282	20 prohibited from disclosure under the First Responders
283	283	21 Suicide Prevention Act.
284	284	22 (pp) Names and all identifying information relating to
285	285	23 an employee of an emergency services provider or law
286	286	24 enforcement agency under the First Responders Suicide
287	287	25 Prevention Act.
288	288	26 (qq) Information and records held by the Department of
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299	299	1 Public Health and its authorized representatives collected
300	300	2 under the Reproductive Health Act.
301	301	3 (rr) Information that is exempt from disclosure under
302	302	4 the Cannabis Regulation and Tax Act.
303	303	5 (ss) Data reported by an employer to the Department of
304	304	6 Human Rights pursuant to Section 2-108 of the Illinois
305	305	7 Human Rights Act.
306	306	8 (tt) Recordings made under the Children's Advocacy
307	307	9 Center Act, except to the extent authorized under that
308	308	10 Act.
309	309	11 (uu) Information that is exempt from disclosure under
310	310	12 Section 50 of the Sexual Assault Evidence Submission Act.
311	311	13 (vv) Information that is exempt from disclosure under
312	312	14 subsections (f) and (j) of Section 5-36 of the Illinois
313	313	15 Public Aid Code.
314	314	16 (ww) Information that is exempt from disclosure under
315	315	17 Section 16.8 of the State Treasurer Act.
316	316	18 (xx) Information that is exempt from disclosure or
317	317	19 information that shall not be made public under the
318	318	20 Illinois Insurance Code.
319	319	21 (yy) Information prohibited from being disclosed under
320	320	22 the Illinois Educational Labor Relations Act.
321	321	23 (zz) Information prohibited from being disclosed under
322	322	24 the Illinois Public Labor Relations Act.
323	323	25 (aaa) Information prohibited from being disclosed
324	324	26 under Section 1-167 of the Illinois Pension Code.
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335	335	1 (bbb) Information that is prohibited from disclosure
336	336	2 by the Illinois Police Training Act and the Illinois State
337	337	3 Police Act.
338	338	4 (ccc) Records exempt from disclosure under Section
339	339	5 2605-304 of the Illinois State Police Law of the Civil
340	340	6 Administrative Code of Illinois.
341	341	7 (ddd) Information prohibited from being disclosed
342	342	8 under Section 35 of the Address Confidentiality for
343	343	9 Victims of Domestic Violence, Sexual Assault, Human
344	344	10 Trafficking, or Stalking Act.
345	345	11 (eee) Information prohibited from being disclosed
346	346	12 under subsection (b) of Section 75 of the Domestic
347	347	13 Violence Fatality Review Act.
348	348	14 (fff) Images from cameras under the Expressway Camera
349	349	15 Act. This subsection (fff) is inoperative on and after
350	350	16 July 1, 2023.
351	351	17 (ggg) Information prohibited from disclosure under
352	352	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
353	353	19 Agency Licensing Act.
354	354	20 (hhh) Information submitted to the Illinois Department
355	355	21 of State Police in an affidavit or application for an
356	356	22 assault weapon endorsement, assault weapon attachment
357	357	23 endorsement, .50 caliber rifle endorsement, or .50 caliber
358	358	24 cartridge endorsement under the Firearm Owners
359	359	25 Identification Card Act.
360	360	26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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371	371	1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
372	372	2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
373	373	3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
374	374	4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
375	375	5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
376	376	6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
377	377	7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
378	378	8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
379	379	9 2-13-23.)
380	380	10 Section 10. The Law Enforcement Officer-Worn Body Camera
381	381	11 Act is amended by changing Sections 10-10 and 10-20 as
382	382	12 follows:
383	383	13 (50 ILCS 706/10-10)
384	384	14 Sec. 10-10. Definitions. As used in this Act:
385	385	15 "Badge" means an officer's department issued
386	386	16 identification number associated with his or her position as a
387	387	17 police officer with that department.
388	388	18 "Board" means the Illinois Law Enforcement Training
389	389	19 Standards Board created by the Illinois Police Training Act.
390	390	20 "Business offense" means a petty offense for which the
391	391	21 fine is in excess of $1,000.
392	392	22 "Community caretaking function" means a task undertaken by
393	393	23 a law enforcement officer in which the officer is performing
394	394	24 an articulable act unrelated to the investigation of a crime.
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405	405	1 "Community caretaking function" includes, but is not limited
406	406	2 to, participating in town halls or other community outreach,
407	407	3 helping a child find his or her parents, providing death
408	408	4 notifications, and performing in-home or hospital well-being
409	409	5 checks on the sick, elderly, or persons presumed missing.
410	410	6 "Community caretaking function" excludes law
411	411	7 enforcement-related encounters or activities.
412	412	8 "Fund" means the Law Enforcement Camera Grant Fund.
413	413	9 "In uniform" means a law enforcement officer who is
414	414	10 wearing any officially authorized uniform designated by a law
415	415	11 enforcement agency, or a law enforcement officer who is
416	416	12 visibly wearing articles of clothing, a badge, tactical gear,
417	417	13 gun belt, a patch, or other insignia that he or she is a law
418	418	14 enforcement officer acting in the course of his or her duties.
419	419	15 A law enforcement officer is "in uniform" only when primarily
420	420	16 assigned to respond to law enforcement-related encounters or
421	421	17 activities and is not "in uniform" when primarily assigned to
422	422	18 other law enforcement duties that are not law
423	423	19 enforcement-related encounters or activities.
424	424	20 "Law enforcement officer" or "officer" means any person
425	425	21 employed by a State, county, municipality, special district,
426	426	22 college, unit of government, or any other entity authorized by
427	427	23 law to employ peace officers or exercise police authority and
428	428	24 who is primarily responsible for the prevention or detection
429	429	25 of crime and the enforcement of the laws of this State.
430	430	26 "Law enforcement agency" means all State agencies with law
431	431
432	432
433	433
434	434
435	435
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441	441	1 enforcement officers, county sheriff's offices, municipal,
442	442	2 special district, college, or unit of local government police
443	443	3 departments.
444	444	4 "Law enforcement-related encounters or activities"
445	445	5 include, but are not limited to, traffic stops, pedestrian
446	446	6 stops, arrests, searches, interrogations, investigations,
447	447	7 pursuits, crowd control, traffic control, non-community
448	448	8 caretaking interactions with an individual while on patrol, or
449	449	9 any other instance in which the officer is enforcing the laws
450	450	10 of the municipality, county, or State. "Law
451	451	11 enforcement-related encounter or activities" does not include
452	452	12 when the officer is completing paperwork alone, is
453	453	13 participating in training in a classroom setting, or is only
454	454	14 in the presence of another law enforcement officer.
455	455	15 "Minor traffic offense" means a petty offense, business
456	456	16 offense, or Class C misdemeanor under the Illinois Vehicle
457	457	17 Code or a similar provision of a municipal or local ordinance.
458	458	18 "No expectation of privacy" means when a person is in a
459	459	19 publicly accessible area or when a person is engaging with law
460	460	20 enforcement officers during the scope of an officer's official
461	461	21 duties, even when the engagement is in a private residence
462	462	22 when officers are lawfully present in the residence during the
463	463	23 course of official duties.
464	464	24 "Officer-worn body camera" means an electronic camera
465	465	25 system for creating, generating, sending, receiving, storing,
466	466	26 displaying, and processing audiovisual recordings that may be
467	467
468	468
469	469
470	470
471	471
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473	473
474	474
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477	477	1 worn about the person of a law enforcement officer.
478	478	2 "Peace officer" has the meaning provided in Section 2-13
479	479	3 of the Criminal Code of 2012.
480	480	4 "Petty offense" means any offense for which a sentence of
481	481	5 imprisonment is not an authorized disposition.
482	482	6 "Recording" means the process of capturing data or
483	483	7 information stored on a recording medium as required under
484	484	8 this Act.
485	485	9 "Recording medium" means any recording medium authorized
486	486	10 by the Board for the retention and playback of recorded audio
487	487	11 and video including, but not limited to, VHS, DVD, hard drive,
488	488	12 cloud storage, solid state, digital, flash memory technology,
489	489	13 or any other electronic medium.
490	490	14 (Source: P.A. 102-1104, eff. 12-6-22.)
491	491	15 (50 ILCS 706/10-20)
492	492	16 Sec. 10-20. Requirements.
493	493	17 (a) The Board shall develop basic guidelines for the use
494	494	18 of officer-worn body cameras by law enforcement agencies. The
495	495	19 guidelines developed by the Board shall be the basis for the
496	496	20 written policy which must be adopted by each law enforcement
497	497	21 agency which employs the use of officer-worn body cameras. The
498	498	22 written policy adopted by the law enforcement agency must
499	499	23 include, at a minimum, all of the following:
500	500	24 (1) Cameras must be equipped with pre-event recording,
501	501	25 capable of recording at least the 30 seconds prior to
502	502
503	503
504	504
505	505
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508	508
509	509
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512	512	1 camera activation, unless the officer-worn body camera was
513	513	2 purchased and acquired by the law enforcement agency prior
514	514	3 to July 1, 2015.
515	515	4 (2) Cameras must be capable of recording for a period
516	516	5 of 10 hours or more, unless the officer-worn body camera
517	517	6 was purchased and acquired by the law enforcement agency
518	518	7 prior to July 1, 2015.
519	519	8 (3) Cameras must be turned on at all times when the
520	520	9 officer is in uniform and is responding to calls for
521	521	10 service or engaged in any law enforcement-related
522	522	11 encounter or activity that occurs while the officer is on
523	523	12 duty.
524	524	13 (A) If exigent circumstances exist which prevent
525	525	14 the camera from being turned on, the camera must be
526	526	15 turned on as soon as practicable.
527	527	16 (B) Officer-worn body cameras may be turned off
528	528	17 when the officer is inside of a patrol car which is
529	529	18 equipped with a functioning in-car camera; however,
530	530	19 the officer must turn on the camera upon exiting the
531	531	20 patrol vehicle for law enforcement-related encounters.
532	532	21 (C) Officer-worn body cameras may be turned off
533	533	22 when the officer is inside a correctional facility or
534	534	23 courthouse which is equipped with a functioning camera
535	535	24 system.
536	536	25 (4) Cameras must be turned off when:
537	537	26 (A) the victim of a crime requests that the camera
538	538
539	539
540	540
541	541
542	542
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544	544
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547	547	HB3815 - 15 - LRB103 30118 AWJ 56542 b
548	548	1 be turned off, and unless impractical or impossible,
549	549	2 that request is made on the recording;
550	550	3 (B) a witness of a crime or a community member who
551	551	4 wishes to report a crime requests that the camera be
552	552	5 turned off, and unless impractical or impossible that
553	553	6 request is made on the recording;
554	554	7 (C) the officer is interacting with a confidential
555	555	8 informant used by the law enforcement agency; or
556	556	9 (D) an officer of the Department of Revenue enters
557	557	10 a Department of Revenue facility or conducts an
558	558	11 interview during which return information will be
559	559	12 discussed or visible.
560	560	13 However, an officer may continue to record or resume
561	561	14 recording a victim or a witness, if exigent circumstances
562	562	15 exist, or if the officer has reasonable articulable
563	563	16 suspicion that a victim or witness, or confidential
564	564	17 informant has committed or is in the process of committing
565	565	18 a crime. Under these circumstances, and unless impractical
566	566	19 or impossible, the officer must indicate on the recording
567	567	20 the reason for continuing to record despite the request of
568	568	21 the victim or witness.
569	569	22 (4.5) Cameras may be turned off when the officer is
570	570	23 engaged in community caretaking functions. However, the
571	571	24 camera must be turned on when the officer has reason to
572	572	25 believe that the person on whose behalf the officer is
573	573	26 performing a community caretaking function has committed
574	574
575	575
576	576
577	577
578	578
579	579	HB3815 - 15 - LRB103 30118 AWJ 56542 b
580	580
581	581
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583	583	HB3815 - 16 - LRB103 30118 AWJ 56542 b
584	584	1 or is in the process of committing a crime. If exigent
585	585	2 circumstances exist which prevent the camera from being
586	586	3 turned on, the camera must be turned on as soon as
587	587	4 practicable.
588	588	5 (5) Before January 1, 2026, an The officer must
589	589	6 provide notice of recording to any person if the person
590	590	7 has a reasonable expectation of privacy. Proof and proof
591	591	8 of notice must be evident in the recording. If exigent
592	592	9 circumstances exist which prevent the officer from
593	593	10 providing notice, notice must be provided as soon as
594	594	11 practicable.
595	595	12 (6) (A) For the purposes of redaction or duplicating
596	596	13 recordings, access to camera recordings shall be
597	597	14 restricted to only those personnel responsible for those
598	598	15 purposes. The recording officer or his or her supervisor
599	599	16 may not redact, duplicate, or otherwise alter the
600	600	17 recording officer's camera recordings. Except as otherwise
601	601	18 provided in this Section, the recording officer and his or
602	602	19 her supervisor may access and review recordings prior to
603	603	20 completing incident reports or other documentation,
604	604	21 provided that the supervisor discloses that fact in the
605	605	22 report or documentation.
606	606	23 (i) A law enforcement officer shall not have
607	607	24 access to or review his or her body-worn camera
608	608	25 recordings or the body-worn camera recordings of
609	609	26 another officer prior to completing incident reports
610	610
611	611
612	612
613	613
614	614
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616	616
617	617
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620	620	1 or other documentation when the officer:
621	621	2 (a) has been involved in or is a witness to an
622	622	3 officer-involved shooting, use of deadly force
623	623	4 incident, or use of force incidents resulting in
624	624	5 great bodily harm;
625	625	6 (b) is ordered to write a report in response
626	626	7 to or during the investigation of a misconduct
627	627	8 complaint against the officer.
628	628	9 (ii) If the officer subject to subparagraph (i)
629	629	10 prepares a report, any report shall be prepared
630	630	11 without viewing body-worn camera recordings, and
631	631	12 subject to supervisor's approval, officers may file
632	632	13 amendatory reports after viewing body-worn camera
633	633	14 recordings. Supplemental reports under this provision
634	634	15 shall also contain documentation regarding access to
635	635	16 the video footage.
636	636	17 (B) The recording officer's assigned field
637	637	18 training officer may access and review recordings for
638	638	19 training purposes. Any detective or investigator
639	639	20 directly involved in the investigation of a matter may
640	640	21 access and review recordings which pertain to that
641	641	22 investigation but may not have access to delete or
642	642	23 alter such recordings.
643	643	24 (7) Recordings made on officer-worn cameras must be
644	644	25 retained by the law enforcement agency or by the camera
645	645	26 vendor used by the agency, on a recording medium for a
646	646
647	647
648	648
649	649
650	650
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652	652
653	653
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655	655	HB3815 - 18 - LRB103 30118 AWJ 56542 b
656	656	1 period of 90 days.
657	657	2 (A) Under no circumstances shall any recording,
658	658	3 except for a non-law enforcement related activity or
659	659	4 encounter, made with an officer-worn body camera be
660	660	5 altered, erased, or destroyed prior to the expiration
661	661	6 of the 90-day storage period. In the event any
662	662	7 recording made with an officer-worn body camera is
663	663	8 altered, erased, or destroyed prior to the expiration
664	664	9 of the 90-day storage period, the law enforcement
665	665	10 agency shall maintain, for a period of one year, a
666	666	11 written record including (i) the name of the
667	667	12 individual who made such alteration, erasure, or
668	668	13 destruction, and (ii) the reason for any such
669	669	14 alteration, erasure, or destruction.
670	670	15 (B) Following the 90-day storage period, any and
671	671	16 all recordings made with an officer-worn body camera
672	672	17 must be destroyed, unless any encounter captured on
673	673	18 the recording has been flagged. An encounter is deemed
674	674	19 to be flagged when:
675	675	20 (i) a formal investigation or informal
676	676	21 inquiry, as those terms are defined in Section 2
677	677	22 of the Uniform Peace Officers' Disciplinary Act,
678	678	23 has commenced complaint has been filed;
679	679	24 (ii) the officer discharged his or her firearm
680	680	25 or used force during the encounter;
681	681	26 (iii) death or great bodily harm occurred to
682	682
683	683
684	684
685	685
686	686
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688	688
689	689
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691	691	HB3815 - 19 - LRB103 30118 AWJ 56542 b
692	692	1 any person in the recording;
693	693	2 (iv) the encounter resulted in a detention or
694	694	3 an arrest, excluding traffic stops which resulted
695	695	4 in only a minor traffic offense or business
696	696	5 offense;
697	697	6 (v) the officer is the subject of an internal
698	698	7 investigation or otherwise being investigated for
699	699	8 possible misconduct;
700	700	9 (vi) the supervisor of the officer,
701	701	10 prosecutor, defendant, or court determines that
702	702	11 the encounter has evidentiary value in a criminal
703	703	12 prosecution; or
704	704	13 (vii) the recording officer requests that the
705	705	14 video be flagged for official purposes related to
706	706	15 his or her official duties or believes it may have
707	707	16 evidentiary value in a criminal prosecution.
708	708	17 (C) Under no circumstances shall any recording
709	709	18 made with an officer-worn body camera relating to a
710	710	19 flagged encounter be altered or destroyed prior to 2
711	711	20 years after the recording was flagged. If the flagged
712	712	21 recording was used in a criminal, civil, or
713	713	22 administrative proceeding, the recording shall not be
714	714	23 destroyed except upon a final disposition and order
715	715	24 from the court.
716	716	25 (D) Nothing in this Act prohibits law enforcement
717	717	26 agencies from labeling officer-worn body camera video
718	718
719	719
720	720
721	721
722	722
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724	724
725	725
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727	727	HB3815 - 20 - LRB103 30118 AWJ 56542 b
728	728	1 within the recording medium; provided that the
729	729	2 labeling does not alter the actual recording of the
730	730	3 incident captured on the officer-worn body camera. The
731	731	4 labels, titles, and tags shall not be construed as
732	732	5 altering the officer-worn body camera video in any
733	733	6 way.
734	734	7 (8) Following the 90-day storage period, recordings
735	735	8 may be retained if a supervisor at the law enforcement
736	736	9 agency designates the recording for training purposes. If
737	737	10 the recording is designated for training purposes, the
738	738	11 recordings may be viewed by officers, in the presence of a
739	739	12 supervisor or training instructor, for the purposes of
740	740	13 instruction, training, or ensuring compliance with agency
741	741	14 policies.
742	742	15 (9) Recordings shall not be used to discipline law
743	743	16 enforcement officers unless:
744	744	17 (A) a formal investigation or informal inquiry, as
745	745	18 those terms are defined in Section 2 of the Uniform
746	746	19 Peace Officers' Disciplinary Act, has commenced a
747	747	20 formal or informal complaint of misconduct has been
748	748	21 made;
749	749	22 (B) a use of force incident has occurred;
750	750	23 (C) the encounter on the recording could result in
751	751	24 a formal investigation under the Uniform Peace
752	752	25 Officers' Disciplinary Act; or
753	753	26 (D) as corroboration of other evidence of
754	754
755	755
756	756
757	757
758	758
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760	760
761	761
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763	763	HB3815 - 21 - LRB103 30118 AWJ 56542 b
764	764	1 misconduct.
765	765	2 Nothing in this paragraph (9) shall be construed to
766	766	3 limit or prohibit a law enforcement officer from being
767	767	4 subject to an action that does not amount to discipline.
768	768	5 (10) The law enforcement agency shall ensure proper
769	769	6 care and maintenance of officer-worn body cameras. Upon
770	770	7 becoming aware, officers must as soon as practical
771	771	8 document and notify the appropriate supervisor of any
772	772	9 technical difficulties, failures, or problems with the
773	773	10 officer-worn body camera or associated equipment. Upon
774	774	11 receiving notice, the appropriate supervisor shall make
775	775	12 every reasonable effort to correct and repair any of the
776	776	13 officer-worn body camera equipment.
777	777	14 (11) No officer may hinder or prohibit any person, not
778	778	15 a law enforcement officer, from recording a law
779	779	16 enforcement officer in the performance of his or her
780	780	17 duties in a public place or when the officer has no
781	781	18 reasonable expectation of privacy. The law enforcement
782	782	19 agency's written policy shall indicate the potential
783	783	20 criminal penalties, as well as any departmental
784	784	21 discipline, which may result from unlawful confiscation or
785	785	22 destruction of the recording medium of a person who is not
786	786	23 a law enforcement officer. However, an officer may take
787	787	24 reasonable action to maintain safety and control, secure
788	788	25 crime scenes and accident sites, protect the integrity and
789	789	26 confidentiality of investigations, and protect the public
790	790
791	791
792	792
793	793
794	794
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796	796
797	797
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799	799	HB3815 - 22 - LRB103 30118 AWJ 56542 b
800	800	1 safety and order.
801	801	2 (b) Recordings made with the use of an officer-worn body
802	802	3 camera are not subject to disclosure under the Freedom of
803	803	4 Information Act, except when a recording is flagged due to the
804	804	5 filing of a complaint, discharge of a firearm, use of force,
805	805	6 arrest or detention, or resulting death or bodily harm, and
806	806	7 the subject of the encounter has a reasonable expectation of
807	807	8 privacy at the time of the recording. A recording subject to
808	808	9 disclosure under this subsection may be only released to the
809	809	10 subject of the encounter captured on the recording or the
810	810	11 subject's legal representative if the law enforcement agency
811	811	12 obtains written permission of the subject or the subject's
812	812	13 legal representative. Any disclosure under this subsection (b)
813	813	14 shall be limited to the portion of the recording containing
814	814	15 the subject of the encounter captured by the primary officer's
815	815	16 body-worn camera. that:
816	816	17 (1) if the subject of the encounter has a reasonable
817	817	18 expectation of privacy, at the time of the recording, any
818	818	19 recording which is flagged, due to the filing of a
819	819	20 complaint, discharge of a firearm, use of force, arrest or
820	820	21 detention, or resulting death or bodily harm, shall be
821	821	22 disclosed in accordance with the Freedom of Information
822	822	23 Act if:
823	823	24 (A) the subject of the encounter captured on the
824	824	25 recording is a victim or witness; and
825	825	26 (B) the law enforcement agency obtains written
826	826
827	827
828	828
829	829
830	830
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832	832
833	833
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836	836	1 permission of the subject or the subject's legal
837	837	2 representative;
838	838	3 (2) except as provided in paragraph (1) of this
839	839	4 subsection (b), any recording which is flagged due to the
840	840	5 filing of a complaint, discharge of a firearm, use of
841	841	6 force, arrest or detention, or resulting death or bodily
842	842	7 harm shall be disclosed in accordance with the Freedom of
843	843	8 Information Act; and
844	844	9 (3) upon request, the law enforcement agency shall
845	845	10 disclose, in accordance with the Freedom of Information
846	846	11 Act, the recording to the subject of the encounter
847	847	12 captured on the recording or to the subject's attorney, or
848	848	13 the officer or his or her legal representative.
849	849	14 For the purposes of paragraph (1) of this subsection (b),
850	850	15 no person shall the subject of the encounter does not have a
851	851	16 reasonable expectation of privacy if the person the subject
852	852	17 was arrested as a result of the encounter or if the encounter
853	853	18 was captured in a publicly accessible area. For purposes of
854	854	19 subparagraph (A) of paragraph (1) of this subsection (b),
855	855	20 "witness" does not include a person who is a victim or who was
856	856	21 arrested as a result of the encounter.
857	857	22 Only recordings or portions of recordings responsive to
858	858	23 the request shall be available for inspection or reproduction.
859	859	24 Any recording disclosed under the Freedom of Information Act
860	860	25 shall be redacted to remove identification of any person that
861	861	26 appears on the recording and is not the officer, a subject of
862	862
863	863
864	864
865	865
866	866
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868	868
869	869
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872	872	1 the encounter, or directly involved in the encounter if they
873	873	2 are readily identifiable and have an expectation of privacy.
874	874	3 Nothing in this subsection (b) shall require the disclosure of
875	875	4 any recording or portion of any recording which would be
876	876	5 exempt from disclosure under the Freedom of Information Act.
877	877	6 (c) Nothing in this Section shall limit access to an
878	878	7 officer-worn body a camera recording for the purposes of
879	879	8 complying with Supreme Court rules or the rules of evidence.
880	880	9 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
881	881	10 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
882	882	11 12-6-22.)
883	883	12 Section 15. The Law Enforcement Camera Grant Act is
884	884	13 amended by changing Sections 15 and 20 as follows:
885	885	14 (50 ILCS 707/15)
886	886	15 Sec. 15. Rules; in-car video camera grants.
887	887	16 (a) The Board shall develop model rules for the use of
888	888	17 in-car video cameras to be adopted by law enforcement agencies
889	889	18 that receive grants under Section 10 of this Act. The rules
890	890	19 shall include all of the following requirements:
891	891	20 (1) Cameras must be installed in the law enforcement
892	892	21 agency vehicles.
893	893	22 (2) Video recording must provide audio of the officer
894	894	23 when the officer is outside of the vehicle.
895	895	24 (3) Camera access must be restricted to the
896	896
897	897
898	898
899	899
900	900
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902	902
903	903
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906	906	1 supervisors of the officer in the vehicle.
907	907	2 (4) Cameras must be turned on continuously throughout
908	908	3 the officer's shift.
909	909	4 (5) A copy of the video record must be made available
910	910	5 upon request to personnel of the law enforcement agency,
911	911	6 the local State's Attorney, and any persons depicted in
912	912	7 the video. Procedures for distribution of the video record
913	913	8 must include safeguards to protect the identities of
914	914	9 individuals who are not a party to the requested stop.
915	915	10 (6) Law enforcement agencies that receive moneys under
916	916	11 this grant shall provide for storage of the video records
917	917	12 for a period of not less than 2 years.
918	918	13 (b) Each law enforcement agency receiving a grant for
919	919	14 in-car video cameras under Section 10 of this Act must provide
920	920	15 an annual report to the Board, the Governor, and the General
921	921	16 Assembly on or before May 1 of the year following the receipt
922	922	17 of the grant and by each May 1 thereafter during the period of
923	923	18 the grant. The report shall include the following:
924	924	19 (1) the number of cameras received by the law
925	925	20 enforcement agency;
926	926	21 (2) the number of cameras actually installed in law
927	927	22 enforcement agency vehicles;
928	928	23 (3) a brief description of the review process used by
929	929	24 supervisors within the law enforcement agency;
930	930	25 (4) (blank); and a list of any criminal, traffic,
931	931	26 ordinance, and civil cases in which in-car video
932	932
933	933
934	934
935	935
936	936
937	937	HB3815 - 25 - LRB103 30118 AWJ 56542 b
938	938
939	939
940	940	HB3815- 26 -LRB103 30118 AWJ 56542 b HB3815 - 26 - LRB103 30118 AWJ 56542 b
941	941	HB3815 - 26 - LRB103 30118 AWJ 56542 b
942	942	1 recordings were used, including party names, case numbers,
943	943	2 offenses charged, and disposition of the matter.
944	944	3 Proceedings to which this paragraph (4) applies include,
945	945	4 but are not limited to, court proceedings, coroner's
946	946	5 inquests, grand jury proceedings, and plea bargains; and
947	947	6 (5) any other information relevant to the
948	948	7 administration of the program.
949	949	8 (Source: P.A. 99-352, eff. 1-1-16.)
950	950	9 (50 ILCS 707/20)
951	951	10 Sec. 20. Rules; officer body-worn camera grants.
952	952	11 (a) The Board shall develop model rules for the use of
953	953	12 officer body-worn cameras to be adopted by law enforcement
954	954	13 agencies that receive grants under Section 10 of this Act. The
955	955	14 rules shall comply with the Law Enforcement Officer-Worn Body
956	956	15 Camera Act.
957	957	16 (b) Each law enforcement agency receiving a grant for
958	958	17 officer-worn body cameras under Section 10 of this Act must
959	959	18 provide an annual report to the Board, the Governor, and the
960	960	19 General Assembly on or before May 1 of the year following the
961	961	20 receipt of the grant and by each May 1 thereafter during the
962	962	21 period of the grant. The report shall include:
963	963	22 (1) a brief overview of the makeup of the agency,
964	964	23 including the number of officers utilizing officer-worn
965	965	24 body cameras;
966	966	25 (2) the number of officer-worn body cameras utilized
967	967
968	968
969	969
970	970
971	971
972	972	HB3815 - 26 - LRB103 30118 AWJ 56542 b
973	973
974	974
975	975	HB3815- 27 -LRB103 30118 AWJ 56542 b HB3815 - 27 - LRB103 30118 AWJ 56542 b
976	976	HB3815 - 27 - LRB103 30118 AWJ 56542 b
977	977	1 by the law enforcement agency;
978	978	2 (3) any technical issues with the equipment and how
979	979	3 those issues were remedied;
980	980	4 (4) a brief description of the review process used by
981	981	5 supervisors within the law enforcement agency;
982	982	6 (5) (blank); for each recording used in prosecutions
983	983	7 of conservation, criminal, or traffic offenses or
984	984	8 municipal ordinance violations:
985	985	9 (A) the time, date, and location of the incident;
986	986	10 and
987	987	11 (B) the offenses charged and the date charges were
988	988	12 filed;
989	989	13 (6) (blank); and for a recording used in a civil
990	990	14 proceeding or internal affairs investigation:
991	991	15 (A) the number of pending civil proceedings and
992	992	16 internal investigations;
993	993	17 (B) in resolved civil proceedings and pending
994	994	18 investigations:
995	995	19 (i) the nature of the complaint or
996	996	20 allegations;
997	997	21 (ii) the disposition, if known; and
998	998	22 (iii) the date, time and location of the
999	999	23 incident; and
1000	1000	24 (7) any other information relevant to the
1001	1001	25 administration of the program.
1002	1002	26 (c) On or before July 30 of each year, the Board must
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008	HB3815 - 27 - LRB103 30118 AWJ 56542 b
1009	1009
1010	1010
1011	1011	HB3815- 28 -LRB103 30118 AWJ 56542 b HB3815 - 28 - LRB103 30118 AWJ 56542 b
1012	1012	HB3815 - 28 - LRB103 30118 AWJ 56542 b
1013	1013	1 analyze the law enforcement agency reports and provide an
1014	1014	2 annual report to the General Assembly and the Governor.
1015	1015	3 (Source: P.A. 99-352, eff. 1-1-16.)
1016	1016	4 Section 20. The Criminal Code of 2012 is amended by
1017	1017	5 changing Section 14-3 as follows:
1018	1018	6 (720 ILCS 5/14-3)
1019	1019	7 Sec. 14-3. Exemptions. The following activities shall be
1020	1020	8 exempt from the provisions of this Article:
1021	1021	9 (a) Listening to radio, wireless electronic
1022	1022	10 communications, and television communications of any sort
1023	1023	11 where the same are publicly made;
1024	1024	12 (b) Hearing conversation when heard by employees of
1025	1025	13 any common carrier by wire incidental to the normal course
1026	1026	14 of their employment in the operation, maintenance or
1027	1027	15 repair of the equipment of such common carrier by wire so
1028	1028	16 long as no information obtained thereby is used or
1029	1029	17 divulged by the hearer;
1030	1030	18 (c) Any broadcast by radio, television or otherwise
1031	1031	19 whether it be a broadcast or recorded for the purpose of
1032	1032	20 later broadcasts of any function where the public is in
1033	1033	21 attendance and the conversations are overheard incidental
1034	1034	22 to the main purpose for which such broadcasts are then
1035	1035	23 being made;
1036	1036	24 (d) Recording or listening with the aid of any device
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	HB3815 - 28 - LRB103 30118 AWJ 56542 b
1043	1043
1044	1044
1045	1045	HB3815- 29 -LRB103 30118 AWJ 56542 b HB3815 - 29 - LRB103 30118 AWJ 56542 b
1046	1046	HB3815 - 29 - LRB103 30118 AWJ 56542 b
1047	1047	1 to any emergency communication made in the normal course
1048	1048	2 of operations by any federal, state or local law
1049	1049	3 enforcement agency or institutions dealing in emergency
1050	1050	4 services, including, but not limited to, hospitals,
1051	1051	5 clinics, ambulance services, fire fighting agencies, any
1052	1052	6 public utility, emergency repair facility, civilian
1053	1053	7 defense establishment or military installation;
1054	1054	8 (e) Recording the proceedings of any meeting required
1055	1055	9 to be open by the Open Meetings Act, as amended;
1056	1056	10 (f) Recording or listening with the aid of any device
1057	1057	11 to incoming telephone calls of phone lines publicly listed
1058	1058	12 or advertised as consumer "hotlines" by manufacturers or
1059	1059	13 retailers of food and drug products. Such recordings must
1060	1060	14 be destroyed, erased or turned over to local law
1061	1061	15 enforcement authorities within 24 hours from the time of
1062	1062	16 such recording and shall not be otherwise disseminated.
1063	1063	17 Failure on the part of the individual or business
1064	1064	18 operating any such recording or listening device to comply
1065	1065	19 with the requirements of this subsection shall eliminate
1066	1066	20 any civil or criminal immunity conferred upon that
1067	1067	21 individual or business by the operation of this Section;
1068	1068	22 (g) With prior notification to the State's Attorney of
1069	1069	23 the county in which it is to occur, recording or listening
1070	1070	24 with the aid of any device to any conversation where a law
1071	1071	25 enforcement officer, or any person acting at the direction
1072	1072	26 of law enforcement, is a party to the conversation and has
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	HB3815 - 29 - LRB103 30118 AWJ 56542 b
1079	1079
1080	1080
1081	1081	HB3815- 30 -LRB103 30118 AWJ 56542 b HB3815 - 30 - LRB103 30118 AWJ 56542 b
1082	1082	HB3815 - 30 - LRB103 30118 AWJ 56542 b
1083	1083	1 consented to it being intercepted or recorded under
1084	1084	2 circumstances where the use of the device is necessary for
1085	1085	3 the protection of the law enforcement officer or any
1086	1086	4 person acting at the direction of law enforcement, in the
1087	1087	5 course of an investigation of a forcible felony, a felony
1088	1088	6 offense of involuntary servitude, involuntary sexual
1089	1089	7 servitude of a minor, or trafficking in persons under
1090	1090	8 Section 10-9 of this Code, an offense involving
1091	1091	9 prostitution, solicitation of a sexual act, or pandering,
1092	1092	10 a felony violation of the Illinois Controlled Substances
1093	1093	11 Act, a felony violation of the Cannabis Control Act, a
1094	1094	12 felony violation of the Methamphetamine Control and
1095	1095	13 Community Protection Act, any "streetgang related" or
1096	1096	14 "gang-related" felony as those terms are defined in the
1097	1097	15 Illinois Streetgang Terrorism Omnibus Prevention Act, or
1098	1098	16 any felony offense involving any weapon listed in
1099	1099	17 paragraphs (1) through (11) of subsection (a) of Section
1100	1100	18 24-1 of this Code. Any recording or evidence derived as
1101	1101	19 the result of this exemption shall be inadmissible in any
1102	1102	20 proceeding, criminal, civil or administrative, except (i)
1103	1103	21 where a party to the conversation suffers great bodily
1104	1104	22 injury or is killed during such conversation, or (ii) when
1105	1105	23 used as direct impeachment of a witness concerning matters
1106	1106	24 contained in the interception or recording. The Director
1107	1107	25 of the Illinois State Police shall issue regulations as
1108	1108	26 are necessary concerning the use of devices, retention of
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	HB3815 - 30 - LRB103 30118 AWJ 56542 b
1115	1115
1116	1116
1117	1117	HB3815- 31 -LRB103 30118 AWJ 56542 b HB3815 - 31 - LRB103 30118 AWJ 56542 b
1118	1118	HB3815 - 31 - LRB103 30118 AWJ 56542 b
1119	1119	1 tape recordings, and reports regarding their use;
1120	1120	2 (g-5) (Blank);
1121	1121	3 (g-6) With approval of the State's Attorney of the
1122	1122	4 county in which it is to occur, recording or listening
1123	1123	5 with the aid of any device to any conversation where a law
1124	1124	6 enforcement officer, or any person acting at the direction
1125	1125	7 of law enforcement, is a party to the conversation and has
1126	1126	8 consented to it being intercepted or recorded in the
1127	1127	9 course of an investigation of child pornography,
1128	1128	10 aggravated child pornography, indecent solicitation of a
1129	1129	11 child, luring of a minor, sexual exploitation of a child,
1130	1130	12 aggravated criminal sexual abuse in which the victim of
1131	1131	13 the offense was at the time of the commission of the
1132	1132	14 offense under 18 years of age, or criminal sexual abuse by
1133	1133	15 force or threat of force in which the victim of the offense
1134	1134	16 was at the time of the commission of the offense under 18
1135	1135	17 years of age. In all such cases, an application for an
1136	1136	18 order approving the previous or continuing use of an
1137	1137	19 eavesdropping device must be made within 48 hours of the
1138	1138	20 commencement of such use. In the absence of such an order,
1139	1139	21 or upon its denial, any continuing use shall immediately
1140	1140	22 terminate. The Director of the Illinois State Police shall
1141	1141	23 issue rules as are necessary concerning the use of
1142	1142	24 devices, retention of recordings, and reports regarding
1143	1143	25 their use. Any recording or evidence obtained or derived
1144	1144	26 in the course of an investigation of child pornography,
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	HB3815 - 31 - LRB103 30118 AWJ 56542 b
1151	1151
1152	1152
1153	1153	HB3815- 32 -LRB103 30118 AWJ 56542 b HB3815 - 32 - LRB103 30118 AWJ 56542 b
1154	1154	HB3815 - 32 - LRB103 30118 AWJ 56542 b
1155	1155	1 aggravated child pornography, indecent solicitation of a
1156	1156	2 child, luring of a minor, sexual exploitation of a child,
1157	1157	3 aggravated criminal sexual abuse in which the victim of
1158	1158	4 the offense was at the time of the commission of the
1159	1159	5 offense under 18 years of age, or criminal sexual abuse by
1160	1160	6 force or threat of force in which the victim of the offense
1161	1161	7 was at the time of the commission of the offense under 18
1162	1162	8 years of age shall, upon motion of the State's Attorney or
1163	1163	9 Attorney General prosecuting any case involving child
1164	1164	10 pornography, aggravated child pornography, indecent
1165	1165	11 solicitation of a child, luring of a minor, sexual
1166	1166	12 exploitation of a child, aggravated criminal sexual abuse
1167	1167	13 in which the victim of the offense was at the time of the
1168	1168	14 commission of the offense under 18 years of age, or
1169	1169	15 criminal sexual abuse by force or threat of force in which
1170	1170	16 the victim of the offense was at the time of the commission
1171	1171	17 of the offense under 18 years of age be reviewed in camera
1172	1172	18 with notice to all parties present by the court presiding
1173	1173	19 over the criminal case, and, if ruled by the court to be
1174	1174	20 relevant and otherwise admissible, it shall be admissible
1175	1175	21 at the trial of the criminal case. Absent such a ruling,
1176	1176	22 any such recording or evidence shall not be admissible at
1177	1177	23 the trial of the criminal case;
1178	1178	24 (h) Recordings made simultaneously with the use of an
1179	1179	25 in-car video camera recording of an oral conversation
1180	1180	26 between a uniformed peace officer, who has identified his
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186	HB3815 - 32 - LRB103 30118 AWJ 56542 b
1187	1187
1188	1188
1189	1189	HB3815- 33 -LRB103 30118 AWJ 56542 b HB3815 - 33 - LRB103 30118 AWJ 56542 b
1190	1190	HB3815 - 33 - LRB103 30118 AWJ 56542 b
1191	1191	1 or her office, and a person in the presence of the peace
1192	1192	2 officer whenever (i) an officer assigned a patrol vehicle
1193	1193	3 is conducting an enforcement stop; or (ii) patrol vehicle
1194	1194	4 emergency lights are activated or would otherwise be
1195	1195	5 activated if not for the need to conceal the presence of
1196	1196	6 law enforcement.
1197	1197	7 For the purposes of this subsection (h), "enforcement
1198	1198	8 stop" means an action by a law enforcement officer in
1199	1199	9 relation to enforcement and investigation duties,
1200	1200	10 including but not limited to, traffic stops, pedestrian
1201	1201	11 stops, abandoned vehicle contacts, motorist assists,
1202	1202	12 commercial motor vehicle stops, roadside safety checks,
1203	1203	13 requests for identification, or responses to requests for
1204	1204	14 emergency assistance;
1205	1205	15 (h-5) Recordings of utterances made by a person while
1206	1206	16 in the presence of a uniformed peace officer and while an
1207	1207	17 occupant of a police vehicle including, but not limited
1208	1208	18 to, (i) recordings made simultaneously with the use of an
1209	1209	19 in-car video camera and (ii) recordings made in the
1210	1210	20 presence of the peace officer utilizing video or audio
1211	1211	21 systems, or both, authorized by the law enforcement
1212	1212	22 agency;
1213	1213	23 (h-10) Recordings made simultaneously with a video
1214	1214	24 camera recording during the use of a taser or similar
1215	1215	25 weapon or device by a peace officer if the weapon or device
1216	1216	26 is equipped with such camera;
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	HB3815 - 33 - LRB103 30118 AWJ 56542 b
1223	1223
1224	1224
1225	1225	HB3815- 34 -LRB103 30118 AWJ 56542 b HB3815 - 34 - LRB103 30118 AWJ 56542 b
1226	1226	HB3815 - 34 - LRB103 30118 AWJ 56542 b
1227	1227	1 (h-15) Recordings made under subsection (h), (h-5), or
1228	1228	2 (h-10) shall be retained by the law enforcement agency
1229	1229	3 that employs the peace officer who made the recordings for
1230	1230	4 a storage period of 90 days, unless the recordings are
1231	1231	5 made as a part of an arrest or the recordings are deemed
1232	1232	6 evidence in any criminal, civil, or administrative
1233	1233	7 proceeding and then the recordings must only be destroyed
1234	1234	8 upon a final disposition and an order from the court.
1235	1235	9 Under no circumstances shall any recording be altered or
1236	1236	10 erased prior to the expiration of the designated storage
1237	1237	11 period. Upon completion of the storage period, the
1238	1238	12 recording medium may be erased and reissued for
1239	1239	13 operational use;
1240	1240	14 (i) Recording of a conversation made by or at the
1241	1241	15 request of a person, not a law enforcement officer or
1242	1242	16 agent of a law enforcement officer, who is a party to the
1243	1243	17 conversation, under reasonable suspicion that another
1244	1244	18 party to the conversation is committing, is about to
1245	1245	19 commit, or has committed a criminal offense against the
1246	1246	20 person or a member of his or her immediate household, and
1247	1247	21 there is reason to believe that evidence of the criminal
1248	1248	22 offense may be obtained by the recording;
1249	1249	23 (j) The use of a telephone monitoring device by either
1250	1250	24 (1) a corporation or other business entity engaged in
1251	1251	25 marketing or opinion research or (2) a corporation or
1252	1252	26 other business entity engaged in telephone solicitation,
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258	HB3815 - 34 - LRB103 30118 AWJ 56542 b
1259	1259
1260	1260
1261	1261	HB3815- 35 -LRB103 30118 AWJ 56542 b HB3815 - 35 - LRB103 30118 AWJ 56542 b
1262	1262	HB3815 - 35 - LRB103 30118 AWJ 56542 b
1263	1263	1 as defined in this subsection, to record or listen to oral
1264	1264	2 telephone solicitation conversations or marketing or
1265	1265	3 opinion research conversations by an employee of the
1266	1266	4 corporation or other business entity when:
1267	1267	5 (i) the monitoring is used for the purpose of
1268	1268	6 service quality control of marketing or opinion
1269	1269	7 research or telephone solicitation, the education or
1270	1270	8 training of employees or contractors engaged in
1271	1271	9 marketing or opinion research or telephone
1272	1272	10 solicitation, or internal research related to
1273	1273	11 marketing or opinion research or telephone
1274	1274	12 solicitation; and
1275	1275	13 (ii) the monitoring is used with the consent of at
1276	1276	14 least one person who is an active party to the
1277	1277	15 marketing or opinion research conversation or
1278	1278	16 telephone solicitation conversation being monitored.
1279	1279	17 No communication or conversation or any part, portion,
1280	1280	18 or aspect of the communication or conversation made,
1281	1281	19 acquired, or obtained, directly or indirectly, under this
1282	1282	20 exemption (j), may be, directly or indirectly, furnished
1283	1283	21 to any law enforcement officer, agency, or official for
1284	1284	22 any purpose or used in any inquiry or investigation, or
1285	1285	23 used, directly or indirectly, in any administrative,
1286	1286	24 judicial, or other proceeding, or divulged to any third
1287	1287	25 party.
1288	1288	26 When recording or listening authorized by this
1289	1289
1290	1290
1291	1291
1292	1292
1293	1293
1294	1294	HB3815 - 35 - LRB103 30118 AWJ 56542 b
1295	1295
1296	1296
1297	1297	HB3815- 36 -LRB103 30118 AWJ 56542 b HB3815 - 36 - LRB103 30118 AWJ 56542 b
1298	1298	HB3815 - 36 - LRB103 30118 AWJ 56542 b
1299	1299	1 subsection (j) on telephone lines used for marketing or
1300	1300	2 opinion research or telephone solicitation purposes
1301	1301	3 results in recording or listening to a conversation that
1302	1302	4 does not relate to marketing or opinion research or
1303	1303	5 telephone solicitation; the person recording or listening
1304	1304	6 shall, immediately upon determining that the conversation
1305	1305	7 does not relate to marketing or opinion research or
1306	1306	8 telephone solicitation, terminate the recording or
1307	1307	9 listening and destroy any such recording as soon as is
1308	1308	10 practicable.
1309	1309	11 Business entities that use a telephone monitoring or
1310	1310	12 telephone recording system pursuant to this exemption (j)
1311	1311	13 shall provide current and prospective employees with
1312	1312	14 notice that the monitoring or recordings may occur during
1313	1313	15 the course of their employment. The notice shall include
1314	1314	16 prominent signage notification within the workplace.
1315	1315	17 Business entities that use a telephone monitoring or
1316	1316	18 telephone recording system pursuant to this exemption (j)
1317	1317	19 shall provide their employees or agents with access to
1318	1318	20 personal-only telephone lines which may be pay telephones,
1319	1319	21 that are not subject to telephone monitoring or telephone
1320	1320	22 recording.
1321	1321	23 For the purposes of this subsection (j), "telephone
1322	1322	24 solicitation" means a communication through the use of a
1323	1323	25 telephone by live operators:
1324	1324	26 (i) soliciting the sale of goods or services;
1325	1325
1326	1326
1327	1327
1328	1328
1329	1329
1330	1330	HB3815 - 36 - LRB103 30118 AWJ 56542 b
1331	1331
1332	1332
1333	1333	HB3815- 37 -LRB103 30118 AWJ 56542 b HB3815 - 37 - LRB103 30118 AWJ 56542 b
1334	1334	HB3815 - 37 - LRB103 30118 AWJ 56542 b
1335	1335	1 (ii) receiving orders for the sale of goods or
1336	1336	2 services;
1337	1337	3 (iii) assisting in the use of goods or services;
1338	1338	4 or
1339	1339	5 (iv) engaging in the solicitation, administration,
1340	1340	6 or collection of bank or retail credit accounts.
1341	1341	7 For the purposes of this subsection (j), "marketing or
1342	1342	8 opinion research" means a marketing or opinion research
1343	1343	9 interview conducted by a live telephone interviewer
1344	1344	10 engaged by a corporation or other business entity whose
1345	1345	11 principal business is the design, conduct, and analysis of
1346	1346	12 polls and surveys measuring the opinions, attitudes, and
1347	1347	13 responses of respondents toward products and services, or
1348	1348	14 social or political issues, or both;
1349	1349	15 (k) Electronic recordings, including but not limited
1350	1350	16 to, a motion picture, videotape, digital, or other visual
1351	1351	17 or audio recording, made of a custodial interrogation of
1352	1352	18 an individual at a police station or other place of
1353	1353	19 detention by a law enforcement officer under Section
1354	1354	20 5-401.5 of the Juvenile Court Act of 1987 or Section
1355	1355	21 103-2.1 of the Code of Criminal Procedure of 1963;
1356	1356	22 (l) Recording the interview or statement of any person
1357	1357	23 when the person knows that the interview is being
1358	1358	24 conducted by a law enforcement officer or prosecutor and
1359	1359	25 the interview takes place at a police station that is
1360	1360	26 currently participating in the Custodial Interview Pilot
1361	1361
1362	1362
1363	1363
1364	1364
1365	1365
1366	1366	HB3815 - 37 - LRB103 30118 AWJ 56542 b
1367	1367
1368	1368
1369	1369	HB3815- 38 -LRB103 30118 AWJ 56542 b HB3815 - 38 - LRB103 30118 AWJ 56542 b
1370	1370	HB3815 - 38 - LRB103 30118 AWJ 56542 b
1371	1371	1 Program established under the Illinois Criminal Justice
1372	1372	2 Information Act;
1373	1373	3 (m) An electronic recording, including but not limited
1374	1374	4 to, a motion picture, videotape, digital, or other visual
1375	1375	5 or audio recording, made of the interior of a school bus
1376	1376	6 while the school bus is being used in the transportation
1377	1377	7 of students to and from school and school-sponsored
1378	1378	8 activities, when the school board has adopted a policy
1379	1379	9 authorizing such recording, notice of such recording
1380	1380	10 policy is included in student handbooks and other
1381	1381	11 documents including the policies of the school, notice of
1382	1382	12 the policy regarding recording is provided to parents of
1383	1383	13 students, and notice of such recording is clearly posted
1384	1384	14 on the door of and inside the school bus.
1385	1385	15 Recordings made pursuant to this subsection (m) shall
1386	1386	16 be confidential records and may only be used by school
1387	1387	17 officials (or their designees) and law enforcement
1388	1388	18 personnel for investigations, school disciplinary actions
1389	1389	19 and hearings, proceedings under the Juvenile Court Act of
1390	1390	20 1987, and criminal prosecutions, related to incidents
1391	1391	21 occurring in or around the school bus;
1392	1392	22 (n) Recording or listening to an audio transmission
1393	1393	23 from a microphone placed by a person under the authority
1394	1394	24 of a law enforcement agency inside a bait car surveillance
1395	1395	25 vehicle while simultaneously capturing a photographic or
1396	1396	26 video image;
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401
1402	1402	HB3815 - 38 - LRB103 30118 AWJ 56542 b
1403	1403
1404	1404
1405	1405	HB3815- 39 -LRB103 30118 AWJ 56542 b HB3815 - 39 - LRB103 30118 AWJ 56542 b
1406	1406	HB3815 - 39 - LRB103 30118 AWJ 56542 b
1407	1407	1 (o) The use of an eavesdropping camera or audio device
1408	1408	2 during an ongoing hostage or barricade situation by a law
1409	1409	3 enforcement officer or individual acting on behalf of a
1410	1410	4 law enforcement officer when the use of such device is
1411	1411	5 necessary to protect the safety of the general public,
1412	1412	6 hostages, or law enforcement officers or anyone acting on
1413	1413	7 their behalf;
1414	1414	8 (p) Recording or listening with the aid of any device
1415	1415	9 to incoming telephone calls of phone lines publicly listed
1416	1416	10 or advertised as the "CPS Violence Prevention Hotline",
1417	1417	11 but only where the notice of recording is given at the
1418	1418	12 beginning of each call as required by Section 34-21.8 of
1419	1419	13 the School Code. The recordings may be retained only by
1420	1420	14 the Chicago Police Department or other law enforcement
1421	1421	15 authorities, and shall not be otherwise retained or
1422	1422	16 disseminated;
1423	1423	17 (q)(1) With prior request to and written or verbal
1424	1424	18 approval of the State's Attorney of the county in which
1425	1425	19 the conversation is anticipated to occur, recording or
1426	1426	20 listening with the aid of an eavesdropping device to a
1427	1427	21 conversation in which a law enforcement officer, or any
1428	1428	22 person acting at the direction of a law enforcement
1429	1429	23 officer, is a party to the conversation and has consented
1430	1430	24 to the conversation being intercepted or recorded in the
1431	1431	25 course of an investigation of a qualified offense. The
1432	1432	26 State's Attorney may grant this approval only after
1433	1433
1434	1434
1435	1435
1436	1436
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1443	1443	1 determining that reasonable cause exists to believe that
1444	1444	2 inculpatory conversations concerning a qualified offense
1445	1445	3 will occur with a specified individual or individuals
1446	1446	4 within a designated period of time.
1447	1447	5 (2) Request for approval. To invoke the exception
1448	1448	6 contained in this subsection (q), a law enforcement
1449	1449	7 officer shall make a request for approval to the
1450	1450	8 appropriate State's Attorney. The request may be written
1451	1451	9 or verbal; however, a written memorialization of the
1452	1452	10 request must be made by the State's Attorney. This request
1453	1453	11 for approval shall include whatever information is deemed
1454	1454	12 necessary by the State's Attorney but shall include, at a
1455	1455	13 minimum, the following information about each specified
1456	1456	14 individual whom the law enforcement officer believes will
1457	1457	15 commit a qualified offense:
1458	1458	16 (A) his or her full or partial name, nickname or
1459	1459	17 alias;
1460	1460	18 (B) a physical description; or
1461	1461	19 (C) failing either (A) or (B) of this paragraph
1462	1462	20 (2), any other supporting information known to the law
1463	1463	21 enforcement officer at the time of the request that
1464	1464	22 gives rise to reasonable cause to believe that the
1465	1465	23 specified individual will participate in an
1466	1466	24 inculpatory conversation concerning a qualified
1467	1467	25 offense.
1468	1468	26 (3) Limitations on approval. Each written approval by
1469	1469
1470	1470
1471	1471
1472	1472
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1475	1475
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1479	1479	1 the State's Attorney under this subsection (q) shall be
1480	1480	2 limited to:
1481	1481	3 (A) a recording or interception conducted by a
1482	1482	4 specified law enforcement officer or person acting at
1483	1483	5 the direction of a law enforcement officer;
1484	1484	6 (B) recording or intercepting conversations with
1485	1485	7 the individuals specified in the request for approval,
1486	1486	8 provided that the verbal approval shall be deemed to
1487	1487	9 include the recording or intercepting of conversations
1488	1488	10 with other individuals, unknown to the law enforcement
1489	1489	11 officer at the time of the request for approval, who
1490	1490	12 are acting in conjunction with or as co-conspirators
1491	1491	13 with the individuals specified in the request for
1492	1492	14 approval in the commission of a qualified offense;
1493	1493	15 (C) a reasonable period of time but in no event
1494	1494	16 longer than 24 consecutive hours;
1495	1495	17 (D) the written request for approval, if
1496	1496	18 applicable, or the written memorialization must be
1497	1497	19 filed, along with the written approval, with the
1498	1498	20 circuit clerk of the jurisdiction on the next business
1499	1499	21 day following the expiration of the authorized period
1500	1500	22 of time, and shall be subject to review by the Chief
1501	1501	23 Judge or his or her designee as deemed appropriate by
1502	1502	24 the court.
1503	1503	25 (3.5) The written memorialization of the request for
1504	1504	26 approval and the written approval by the State's Attorney
1505	1505
1506	1506
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1515	1515	1 may be in any format, including via facsimile, email, or
1516	1516	2 otherwise, so long as it is capable of being filed with the
1517	1517	3 circuit clerk.
1518	1518	4 (3.10) Beginning March 1, 2015, each State's Attorney
1519	1519	5 shall annually submit a report to the General Assembly
1520	1520	6 disclosing:
1521	1521	7 (A) the number of requests for each qualified
1522	1522	8 offense for approval under this subsection; and
1523	1523	9 (B) the number of approvals for each qualified
1524	1524	10 offense given by the State's Attorney.
1525	1525	11 (4) Admissibility of evidence. No part of the contents
1526	1526	12 of any wire, electronic, or oral communication that has
1527	1527	13 been recorded or intercepted as a result of this exception
1528	1528	14 may be received in evidence in any trial, hearing, or
1529	1529	15 other proceeding in or before any court, grand jury,
1530	1530	16 department, officer, agency, regulatory body, legislative
1531	1531	17 committee, or other authority of this State, or a
1532	1532	18 political subdivision of the State, other than in a
1533	1533	19 prosecution of:
1534	1534	20 (A) the qualified offense for which approval was
1535	1535	21 given to record or intercept a conversation under this
1536	1536	22 subsection (q);
1537	1537	23 (B) a forcible felony committed directly in the
1538	1538	24 course of the investigation of the qualified offense
1539	1539	25 for which approval was given to record or intercept a
1540	1540	26 conversation under this subsection (q); or
1541	1541
1542	1542
1543	1543
1544	1544
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1547	1547
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1551	1551	1 (C) any other forcible felony committed while the
1552	1552	2 recording or interception was approved in accordance
1553	1553	3 with this subsection (q), but for this specific
1554	1554	4 category of prosecutions, only if the law enforcement
1555	1555	5 officer or person acting at the direction of a law
1556	1556	6 enforcement officer who has consented to the
1557	1557	7 conversation being intercepted or recorded suffers
1558	1558	8 great bodily injury or is killed during the commission
1559	1559	9 of the charged forcible felony.
1560	1560	10 (5) Compliance with the provisions of this subsection
1561	1561	11 is a prerequisite to the admissibility in evidence of any
1562	1562	12 part of the contents of any wire, electronic or oral
1563	1563	13 communication that has been intercepted as a result of
1564	1564	14 this exception, but nothing in this subsection shall be
1565	1565	15 deemed to prevent a court from otherwise excluding the
1566	1566	16 evidence on any other ground recognized by State or
1567	1567	17 federal law, nor shall anything in this subsection be
1568	1568	18 deemed to prevent a court from independently reviewing the
1569	1569	19 admissibility of the evidence for compliance with the
1570	1570	20 Fourth Amendment to the U.S. Constitution or with Article
1571	1571	21 I, Section 6 of the Illinois Constitution.
1572	1572	22 (6) Use of recordings or intercepts unrelated to
1573	1573	23 qualified offenses. Whenever any private conversation or
1574	1574	24 private electronic communication has been recorded or
1575	1575	25 intercepted as a result of this exception that is not
1576	1576	26 related to an offense for which the recording or intercept
1577	1577
1578	1578
1579	1579
1580	1580
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1583	1583
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1587	1587	1 is admissible under paragraph (4) of this subsection (q),
1588	1588	2 no part of the contents of the communication and evidence
1589	1589	3 derived from the communication may be received in evidence
1590	1590	4 in any trial, hearing, or other proceeding in or before
1591	1591	5 any court, grand jury, department, officer, agency,
1592	1592	6 regulatory body, legislative committee, or other authority
1593	1593	7 of this State, or a political subdivision of the State,
1594	1594	8 nor may it be publicly disclosed in any way.
1595	1595	9 (6.5) The Illinois State Police shall adopt rules as
1596	1596	10 are necessary concerning the use of devices, retention of
1597	1597	11 recordings, and reports regarding their use under this
1598	1598	12 subsection (q).
1599	1599	13 (7) Definitions. For the purposes of this subsection
1600	1600	14 (q) only:
1601	1601	15 "Forcible felony" includes and is limited to those
1602	1602	16 offenses contained in Section 2-8 of the Criminal Code
1603	1603	17 of 1961 as of the effective date of this amendatory Act
1604	1604	18 of the 97th General Assembly, and only as those
1605	1605	19 offenses have been defined by law or judicial
1606	1606	20 interpretation as of that date.
1607	1607	21 "Qualified offense" means and is limited to:
1608	1608	22 (A) a felony violation of the Cannabis Control
1609	1609	23 Act, the Illinois Controlled Substances Act, or
1610	1610	24 the Methamphetamine Control and Community
1611	1611	25 Protection Act, except for violations of:
1612	1612	26 (i) Section 4 of the Cannabis Control Act;
1613	1613
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1623	1623	1 (ii) Section 402 of the Illinois
1624	1624	2 Controlled Substances Act; and
1625	1625	3 (iii) Section 60 of the Methamphetamine
1626	1626	4 Control and Community Protection Act; and
1627	1627	5 (B) first degree murder, solicitation of
1628	1628	6 murder for hire, predatory criminal sexual assault
1629	1629	7 of a child, criminal sexual assault, aggravated
1630	1630	8 criminal sexual assault, aggravated arson,
1631	1631	9 kidnapping, aggravated kidnapping, child
1632	1632	10 abduction, trafficking in persons, involuntary
1633	1633	11 servitude, involuntary sexual servitude of a
1634	1634	12 minor, or gunrunning.
1635	1635	13 "State's Attorney" includes and is limited to the
1636	1636	14 State's Attorney or an assistant State's Attorney
1637	1637	15 designated by the State's Attorney to provide verbal
1638	1638	16 approval to record or intercept conversations under
1639	1639	17 this subsection (q).
1640	1640	18 (8) Sunset. This subsection (q) is inoperative on and
1641	1641	19 after January 1, 2027. No conversations intercepted
1642	1642	20 pursuant to this subsection (q), while operative, shall be
1643	1643	21 inadmissible in a court of law by virtue of the
1644	1644	22 inoperability of this subsection (q) on January 1, 2027.
1645	1645	23 (9) Recordings, records, and custody. Any private
1646	1646	24 conversation or private electronic communication
1647	1647	25 intercepted by a law enforcement officer or a person
1648	1648	26 acting at the direction of law enforcement shall, if
1649	1649
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1659	1659	1 practicable, be recorded in such a way as will protect the
1660	1660	2 recording from editing or other alteration. Any and all
1661	1661	3 original recordings made under this subsection (q) shall
1662	1662	4 be inventoried without unnecessary delay pursuant to the
1663	1663	5 law enforcement agency's policies for inventorying
1664	1664	6 evidence. The original recordings shall not be destroyed
1665	1665	7 except upon an order of a court of competent jurisdiction;
1666	1666	8 and
1667	1667	9 (r) Electronic recordings, including but not limited
1668	1668	10 to, motion picture, videotape, digital, or other visual or
1669	1669	11 audio recording, made of a lineup under Section 107A-2 of
1670	1670	12 the Code of Criminal Procedure of 1963; and .
1671	1671	13 (s) Recordings made pursuant to and in compliance with
1672	1672	14 the Law Enforcement Officer-Worn Body Camera Act.
1673	1673	15 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
1674	1674	16 102-918, eff. 5-27-22.)
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