Illinois 2023-2024 Regular Session

Illinois House Bill HB4050 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 HB4050 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. 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. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and 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 the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming 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. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony. LRB103 31718 AWJ 60299 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4050 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED: See Index See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. 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. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and 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 the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming 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. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony. LRB103 31718 AWJ 60299 b LRB103 31718 AWJ 60299 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4050 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. 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. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and 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 the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming 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. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony.
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8	8	A BILL FOR
9	9	HB4050LRB103 31718 AWJ 60299 b HB4050 LRB103 31718 AWJ 60299 b
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11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Freedom of Information Act is amended by
15	15	5 changing Section 7.5 as follows:
16	16	6 (5 ILCS 140/7.5)
17	17	7 Sec. 7.5. Statutory exemptions. To the extent provided for
18	18	8 by the statutes referenced below, the following shall be
19	19	9 exempt from inspection and copying:
20	20	10 (a) All information determined to be confidential
21	21	11 under Section 4002 of the Technology Advancement and
22	22	12 Development Act.
23	23	13 (b) Library circulation and order records identifying
24	24	14 library users with specific materials under the Library
25	25	15 Records Confidentiality Act.
26	26	16 (c) Applications, related documents, and medical
27	27	17 records received by the Experimental Organ Transplantation
28	28	18 Procedures Board and any and all documents or other
29	29	19 records prepared by the Experimental Organ Transplantation
30	30	20 Procedures Board or its staff relating to applications it
31	31	21 has received.
32	32	22 (d) Information and records held by the Department of
33	33	23 Public Health and its authorized representatives relating
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4050 Introduced , by Rep. Dennis Tipsword, Jr. - Patrick Windhorst SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that the Act does not apply to school resource officers, undercover or covert officers, or officers that are employed in an administrative capacity, except when undercover or covert officers are conducting interviews. 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. Removes provisions prohibiting officers from viewing recordings prior to completing a report. Modifies exceptions to destruction of camera recordings if a recording has been flagged and 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 the subject or legal representative provides written authorization to release the video. Makes other changes. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming 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. Further amends the Criminal Code of 2012. Provides that a person also obstructs justice when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he or she knowingly takes a body camera or any part of a body camera from a person known to be a peace officer. Provides that a violation is either a Class 1 felony or Class 2 felony.
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43	43	A BILL FOR
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68	68	1 to known or suspected cases of sexually transmissible
69	69	2 disease or any information the disclosure of which is
70	70	3 restricted under the Illinois Sexually Transmissible
71	71	4 Disease Control Act.
72	72	5 (e) Information the disclosure of which is exempted
73	73	6 under Section 30 of the Radon Industry Licensing Act.
74	74	7 (f) Firm performance evaluations under Section 55 of
75	75	8 the Architectural, Engineering, and Land Surveying
76	76	9 Qualifications Based Selection Act.
77	77	10 (g) Information the disclosure of which is restricted
78	78	11 and exempted under Section 50 of the Illinois Prepaid
79	79	12 Tuition Act.
80	80	13 (h) Information the disclosure of which is exempted
81	81	14 under the State Officials and Employees Ethics Act, and
82	82	15 records of any lawfully created State or local inspector
83	83	16 general's office that would be exempt if created or
84	84	17 obtained by an Executive Inspector General's office under
85	85	18 that Act.
86	86	19 (i) Information contained in a local emergency energy
87	87	20 plan submitted to a municipality in accordance with a
88	88	21 local emergency energy plan ordinance that is adopted
89	89	22 under Section 11-21.5-5 of the Illinois Municipal Code.
90	90	23 (j) Information and data concerning the distribution
91	91	24 of surcharge moneys collected and remitted by carriers
92	92	25 under the Emergency Telephone System Act.
93	93	26 (k) Law enforcement officer identification information
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104	104	1 or driver identification information compiled by a law
105	105	2 enforcement agency or the Department of Transportation
106	106	3 under Section 11-212 of the Illinois Vehicle Code.
107	107	4 (l) Records and information provided to a residential
108	108	5 health care facility resident sexual assault and death
109	109	6 review team or the Executive Council under the Abuse
110	110	7 Prevention Review Team Act.
111	111	8 (m) Information provided to the predatory lending
112	112	9 database created pursuant to Article 3 of the Residential
113	113	10 Real Property Disclosure Act, except to the extent
114	114	11 authorized under that Article.
115	115	12 (n) Defense budgets and petitions for certification of
116	116	13 compensation and expenses for court appointed trial
117	117	14 counsel as provided under Sections 10 and 15 of the
118	118	15 Capital Crimes Litigation Act. This subsection (n) shall
119	119	16 apply until the conclusion of the trial of the case, even
120	120	17 if the prosecution chooses not to pursue the death penalty
121	121	18 prior to trial or sentencing.
122	122	19 (o) Information that is prohibited from being
123	123	20 disclosed under Section 4 of the Illinois Health and
124	124	21 Hazardous Substances Registry Act.
125	125	22 (p) Security portions of system safety program plans,
126	126	23 investigation reports, surveys, schedules, lists, data, or
127	127	24 information compiled, collected, or prepared by or for the
128	128	25 Department of Transportation under Sections 2705-300 and
129	129	26 2705-616 of the Department of Transportation Law of the
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140	140	1 Civil Administrative Code of Illinois, the Regional
141	141	2 Transportation Authority under Section 2.11 of the
142	142	3 Regional Transportation Authority Act, or the St. Clair
143	143	4 County Transit District under the Bi-State Transit Safety
144	144	5 Act.
145	145	6 (q) Information prohibited from being disclosed by the
146	146	7 Personnel Record Review Act.
147	147	8 (r) Information prohibited from being disclosed by the
148	148	9 Illinois School Student Records Act.
149	149	10 (s) Information the disclosure of which is restricted
150	150	11 under Section 5-108 of the Public Utilities Act.
151	151	12 (t) All identified or deidentified health information
152	152	13 in the form of health data or medical records contained
153	153	14 in, stored in, submitted to, transferred by, or released
154	154	15 from the Illinois Health Information Exchange, and
155	155	16 identified or deidentified health information in the form
156	156	17 of health data and medical records of the Illinois Health
157	157	18 Information Exchange in the possession of the Illinois
158	158	19 Health Information Exchange Office due to its
159	159	20 administration of the Illinois Health Information
160	160	21 Exchange. The terms "identified" and "deidentified" shall
161	161	22 be given the same meaning as in the Health Insurance
162	162	23 Portability and Accountability Act of 1996, Public Law
163	163	24 104-191, or any subsequent amendments thereto, and any
164	164	25 regulations promulgated thereunder.
165	165	26 (u) Records and information provided to an independent
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176	176	1 team of experts under the Developmental Disability and
177	177	2 Mental Health Safety Act (also known as Brian's Law).
178	178	3 (v) Names and information of people who have applied
179	179	4 for or received Firearm Owner's Identification Cards under
180	180	5 the Firearm Owners Identification Card Act or applied for
181	181	6 or received a concealed carry license under the Firearm
182	182	7 Concealed Carry Act, unless otherwise authorized by the
183	183	8 Firearm Concealed Carry Act; and databases under the
184	184	9 Firearm Concealed Carry Act, records of the Concealed
185	185	10 Carry Licensing Review Board under the Firearm Concealed
186	186	11 Carry Act, and law enforcement agency objections under the
187	187	12 Firearm Concealed Carry Act.
188	188	13 (v-5) Records of the Firearm Owner's Identification
189	189	14 Card Review Board that are exempted from disclosure under
190	190	15 Section 10 of the Firearm Owners Identification Card Act.
191	191	16 (w) Personally identifiable information which is
192	192	17 exempted from disclosure under subsection (g) of Section
193	193	18 19.1 of the Toll Highway Act.
194	194	19 (x) Information which is exempted from disclosure
195	195	20 under Section 5-1014.3 of the Counties Code or Section
196	196	21 8-11-21 of the Illinois Municipal Code.
197	197	22 (y) Confidential information under the Adult
198	198	23 Protective Services Act and its predecessor enabling
199	199	24 statute, the Elder Abuse and Neglect Act, including
200	200	25 information about the identity and administrative finding
201	201	26 against any caregiver of a verified and substantiated
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212	212	1 decision of abuse, neglect, or financial exploitation of
213	213	2 an eligible adult maintained in the Registry established
214	214	3 under Section 7.5 of the Adult Protective Services Act.
215	215	4 (z) Records and information provided to a fatality
216	216	5 review team or the Illinois Fatality Review Team Advisory
217	217	6 Council under Section 15 of the Adult Protective Services
218	218	7 Act.
219	219	8 (aa) Information which is exempted from disclosure
220	220	9 under Section 2.37 of the Wildlife Code.
221	221	10 (bb) Information which is or was prohibited from
222	222	11 disclosure by the Juvenile Court Act of 1987.
223	223	12 (cc) Recordings or portions of recordings made under
224	224	13 the Law Enforcement Officer-Worn Body Camera Act, except
225	225	14 to the extent authorized under that Act.
226	226	15 (dd) Information that is prohibited from being
227	227	16 disclosed under Section 45 of the Condominium and Common
228	228	17 Interest Community Ombudsperson Act.
229	229	18 (ee) Information that is exempted from disclosure
230	230	19 under Section 30.1 of the Pharmacy Practice Act.
231	231	20 (ff) Information that is exempted from disclosure
232	232	21 under the Revised Uniform Unclaimed Property Act.
233	233	22 (gg) Information that is prohibited from being
234	234	23 disclosed under Section 7-603.5 of the Illinois Vehicle
235	235	24 Code.
236	236	25 (hh) Records that are exempt from disclosure under
237	237	26 Section 1A-16.7 of the Election Code.
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248	248	1 (ii) Information which is exempted from disclosure
249	249	2 under Section 2505-800 of the Department of Revenue Law of
250	250	3 the Civil Administrative Code of Illinois.
251	251	4 (jj) Information and reports that are required to be
252	252	5 submitted to the Department of Labor by registering day
253	253	6 and temporary labor service agencies but are exempt from
254	254	7 disclosure under subsection (a-1) of Section 45 of the Day
255	255	8 and Temporary Labor Services Act.
256	256	9 (kk) Information prohibited from disclosure under the
257	257	10 Seizure and Forfeiture Reporting Act.
258	258	11 (ll) Information the disclosure of which is restricted
259	259	12 and exempted under Section 5-30.8 of the Illinois Public
260	260	13 Aid Code.
261	261	14 (mm) Records that are exempt from disclosure under
262	262	15 Section 4.2 of the Crime Victims Compensation Act.
263	263	16 (nn) Information that is exempt from disclosure under
264	264	17 Section 70 of the Higher Education Student Assistance Act.
265	265	18 (oo) Communications, notes, records, and reports
266	266	19 arising out of a peer support counseling session
267	267	20 prohibited from disclosure under the First Responders
268	268	21 Suicide Prevention Act.
269	269	22 (pp) Names and all identifying information relating to
270	270	23 an employee of an emergency services provider or law
271	271	24 enforcement agency under the First Responders Suicide
272	272	25 Prevention Act.
273	273	26 (qq) Information and records held by the Department of
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284	284	1 Public Health and its authorized representatives collected
285	285	2 under the Reproductive Health Act.
286	286	3 (rr) Information that is exempt from disclosure under
287	287	4 the Cannabis Regulation and Tax Act.
288	288	5 (ss) Data reported by an employer to the Department of
289	289	6 Human Rights pursuant to Section 2-108 of the Illinois
290	290	7 Human Rights Act.
291	291	8 (tt) Recordings made under the Children's Advocacy
292	292	9 Center Act, except to the extent authorized under that
293	293	10 Act.
294	294	11 (uu) Information that is exempt from disclosure under
295	295	12 Section 50 of the Sexual Assault Evidence Submission Act.
296	296	13 (vv) Information that is exempt from disclosure under
297	297	14 subsections (f) and (j) of Section 5-36 of the Illinois
298	298	15 Public Aid Code.
299	299	16 (ww) Information that is exempt from disclosure under
300	300	17 Section 16.8 of the State Treasurer Act.
301	301	18 (xx) Information that is exempt from disclosure or
302	302	19 information that shall not be made public under the
303	303	20 Illinois Insurance Code.
304	304	21 (yy) Information prohibited from being disclosed under
305	305	22 the Illinois Educational Labor Relations Act.
306	306	23 (zz) Information prohibited from being disclosed under
307	307	24 the Illinois Public Labor Relations Act.
308	308	25 (aaa) Information prohibited from being disclosed
309	309	26 under Section 1-167 of the Illinois Pension Code.
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320	320	1 (bbb) Information that is prohibited from disclosure
321	321	2 by the Illinois Police Training Act and the Illinois State
322	322	3 Police Act.
323	323	4 (ccc) Records exempt from disclosure under Section
324	324	5 2605-304 of the Illinois State Police Law of the Civil
325	325	6 Administrative Code of Illinois.
326	326	7 (ddd) Information prohibited from being disclosed
327	327	8 under Section 35 of the Address Confidentiality for
328	328	9 Victims of Domestic Violence, Sexual Assault, Human
329	329	10 Trafficking, or Stalking Act.
330	330	11 (eee) Information prohibited from being disclosed
331	331	12 under subsection (b) of Section 75 of the Domestic
332	332	13 Violence Fatality Review Act.
333	333	14 (fff) Images from cameras under the Expressway Camera
334	334	15 Act. This subsection (fff) is inoperative on and after
335	335	16 July 1, 2023.
336	336	17 (ggg) Information prohibited from disclosure under
337	337	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
338	338	19 Agency Licensing Act.
339	339	20 (hhh) Information submitted to the Illinois Department
340	340	21 of State Police in an affidavit or application for an
341	341	22 assault weapon endorsement, assault weapon attachment
342	342	23 endorsement, .50 caliber rifle endorsement, or .50 caliber
343	343	24 cartridge endorsement under the Firearm Owners
344	344	25 Identification Card Act.
345	345	26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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356	356	1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
357	357	2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
358	358	3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
359	359	4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
360	360	5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
361	361	6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
362	362	7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
363	363	8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
364	364	9 2-13-23.)
365	365	10 Section 10. The Law Enforcement Officer-Worn Body Camera
366	366	11 Act is amended by changing Sections 10-10, 10-15, and 10-20 as
367	367	12 follows:
368	368	13 (50 ILCS 706/10-10)
369	369	14 Sec. 10-10. Definitions. As used in this Act:
370	370	15 "Badge" means an officer's department issued
371	371	16 identification number associated with his or her position as a
372	372	17 police officer with that department.
373	373	18 "Board" means the Illinois Law Enforcement Training
374	374	19 Standards Board created by the Illinois Police Training Act.
375	375	20 "Business offense" means a petty offense for which the
376	376	21 fine is in excess of $1,000.
377	377	22 "Community caretaking function" means a task undertaken by
378	378	23 a law enforcement officer in which the officer is performing
379	379	24 an articulable act unrelated to the investigation of a crime.
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390	390	1 "Community caretaking function" includes, but is not limited
391	391	2 to, participating in town halls or other community outreach,
392	392	3 helping a child find his or her parents, providing death
393	393	4 notifications, and performing in-home or hospital well-being
394	394	5 checks on the sick, elderly, or persons presumed missing.
395	395	6 "Community caretaking function" excludes law
396	396	7 enforcement-related encounters or activities.
397	397	8 "Fund" means the Law Enforcement Camera Grant Fund.
398	398	9 "In uniform" means a law enforcement officer who is
399	399	10 wearing any officially authorized uniform designated by a law
400	400	11 enforcement agency, or a law enforcement officer who is
401	401	12 visibly wearing articles of clothing, a badge, tactical gear,
402	402	13 gun belt, a patch, or other insignia that he or she is a law
403	403	14 enforcement officer acting in the course of his or her duties.
404	404	15 A law enforcement officer is "in uniform" only when primarily
405	405	16 assigned to respond to law enforcement-related encounters or
406	406	17 activities and is not "in uniform" when primarily assigned to
407	407	18 other law enforcement duties that are not law
408	408	19 enforcement-related encounters or activities.
409	409	20 "Law enforcement officer" or "officer" means any person
410	410	21 employed by a State, county, municipality, special district,
411	411	22 college, unit of government, or any other entity authorized by
412	412	23 law to employ peace officers or exercise police authority and
413	413	24 who is primarily responsible for the prevention or detection
414	414	25 of crime and the enforcement of the laws of this State.
415	415	26 "Law enforcement agency" means all State agencies with law
416	416
417	417
418	418
419	419
420	420
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422	422
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426	426	1 enforcement officers, county sheriff's offices, municipal,
427	427	2 special district, college, or unit of local government police
428	428	3 departments.
429	429	4 "Law enforcement-related encounters or activities"
430	430	5 include, but are not limited to, traffic stops, pedestrian
431	431	6 stops, arrests, searches, interrogations, investigations,
432	432	7 pursuits, crowd control, traffic control, non-community
433	433	8 caretaking interactions with an individual while on patrol, or
434	434	9 any other instance in which the officer is enforcing the laws
435	435	10 of the municipality, county, or State. "Law
436	436	11 enforcement-related encounter or activities" does not include
437	437	12 when the officer is completing paperwork alone, is
438	438	13 participating in training in a classroom setting, or is only
439	439	14 in the presence of another law enforcement officer.
440	440	15 "Minor traffic offense" means a petty offense, business
441	441	16 offense, or Class C misdemeanor under the Illinois Vehicle
442	442	17 Code or a similar provision of a municipal or local ordinance.
443	443	18 "No expectation of privacy" means when a person is in a
444	444	19 publicly accessible area or when a person is engaging with law
445	445	20 enforcement officers during the scope of an officer's official
446	446	21 duties, even when the engagement is in a private residence
447	447	22 when officers are lawfully present in the residence during the
448	448	23 course of official duties.
449	449	24 "Officer-worn body camera" means an electronic camera
450	450	25 system for creating, generating, sending, receiving, storing,
451	451	26 displaying, and processing audiovisual recordings that may be
452	452
453	453
454	454
455	455
456	456
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458	458
459	459
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462	462	1 worn about the person of a law enforcement officer.
463	463	2 "Peace officer" has the meaning provided in Section 2-13
464	464	3 of the Criminal Code of 2012.
465	465	4 "Petty offense" means any offense for which a sentence of
466	466	5 imprisonment is not an authorized disposition.
467	467	6 "Recording" means the process of capturing data or
468	468	7 information stored on a recording medium as required under
469	469	8 this Act.
470	470	9 "Recording medium" means any recording medium authorized
471	471	10 by the Board for the retention and playback of recorded audio
472	472	11 and video including, but not limited to, VHS, DVD, hard drive,
473	473	12 cloud storage, solid state, digital, flash memory technology,
474	474	13 or any other electronic medium.
475	475	14 (Source: P.A. 102-1104, eff. 12-6-22.)
476	476	15 (50 ILCS 706/10-15)
477	477	16 Sec. 10-15. Applicability.
478	478	17 (a) All law enforcement agencies must employ the use of
479	479	18 officer-worn body cameras in accordance with the provisions of
480	480	19 this Act, whether or not the agency receives or has received
481	481	20 monies from the Law Enforcement Camera Grant Fund.
482	482	21 (b) Except as provided in subsection (b-5), all law
483	483	22 enforcement agencies must implement the use of body cameras
484	484	23 for all law enforcement officers, according to the following
485	485	24 schedule:
486	486	25 (1) for municipalities and counties with populations
487	487
488	488
489	489
490	490
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493	493
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496	496	HB4050 - 14 - LRB103 31718 AWJ 60299 b
497	497	1 of 500,000 or more, body cameras shall be implemented by
498	498	2 January 1, 2022;
499	499	3 (2) for municipalities and counties with populations
500	500	4 of 100,000 or more but under 500,000, body cameras shall
501	501	5 be implemented by January 1, 2023;
502	502	6 (3) for municipalities and counties with populations
503	503	7 of 50,000 or more but under 100,000, body cameras shall be
504	504	8 implemented by January 1, 2024;
505	505	9 (4) for municipalities and counties under 50,000, body
506	506	10 cameras shall be implemented by January 1, 2025; and
507	507	11 (5) for all State agencies with law enforcement
508	508	12 officers and other remaining law enforcement agencies,
509	509	13 body cameras shall be implemented by January 1, 2025.
510	510	14 (b-5) If a law enforcement agency that serves a
511	511	15 municipality with a population of at least 100,000 but not
512	512	16 more than 500,000 or a law enforcement agency that serves a
513	513	17 county with a population of at least 100,000 but not more than
514	514	18 500,000 has ordered by October 1, 2022 or purchased by that
515	515	19 date officer-worn body cameras for use by the law enforcement
516	516	20 agency, then the law enforcement agency may implement the use
517	517	21 of body cameras for all of its law enforcement officers by no
518	518	22 later than July 1, 2023. Records of purchase within this
519	519	23 timeline shall be submitted to the Illinois Law Enforcement
520	520	24 Training Standards Board by January 1, 2023.
521	521	25 (c) A law enforcement agency's compliance with the
522	522	26 requirements under this Section shall receive preference by
523	523
524	524
525	525
526	526
527	527
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529	529
530	530
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532	532	HB4050 - 15 - LRB103 31718 AWJ 60299 b
533	533	1 the Illinois Law Enforcement Training Standards Board in
534	534	2 awarding grant funding under the Law Enforcement Camera Grant
535	535	3 Act.
536	536	4 (d) This Section does not apply to court security
537	537	5 officers, school resource officers, undercover or covert
538	538	6 officers, officers that are employed in an administrative
539	539	7 capacity, State's Attorney investigators, and Attorney General
540	540	8 investigators. However, this Section applies to undercover or
541	541	9 covert officers when conducting interviews.
542	542	10 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
543	543	11 102-1104, eff. 12-6-22.)
544	544	12 (50 ILCS 706/10-20)
545	545	13 Sec. 10-20. Requirements.
546	546	14 (a) The Board shall develop basic guidelines for the use
547	547	15 of officer-worn body cameras by law enforcement agencies. The
548	548	16 guidelines developed by the Board shall be the basis for the
549	549	17 written policy which must be adopted by each law enforcement
550	550	18 agency which employs the use of officer-worn body cameras. The
551	551	19 written policy adopted by the law enforcement agency must
552	552	20 include, at a minimum, all of the following:
553	553	21 (1) Cameras must be equipped with pre-event recording,
554	554	22 capable of recording at least the 30 seconds prior to
555	555	23 camera activation, unless the officer-worn body camera was
556	556	24 purchased and acquired by the law enforcement agency prior
557	557	25 to July 1, 2015.
558	558
559	559
560	560
561	561
562	562
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564	564
565	565
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568	568	1 (2) Cameras must be capable of recording for a period
569	569	2 of 10 hours or more, unless the officer-worn body camera
570	570	3 was purchased and acquired by the law enforcement agency
571	571	4 prior to July 1, 2015.
572	572	5 (3) Cameras must be turned on at all times when the
573	573	6 officer is in uniform and is responding to calls for
574	574	7 service or engaged in any law enforcement-related
575	575	8 encounter or activity that occurs while the officer is on
576	576	9 duty.
577	577	10 (A) If exigent circumstances exist which prevent
578	578	11 the camera from being turned on, the camera must be
579	579	12 turned on as soon as practicable.
580	580	13 (B) Officer-worn body cameras may be turned off
581	581	14 when the officer is inside of a patrol car which is
582	582	15 equipped with a functioning in-car camera; however,
583	583	16 the officer must turn on the camera upon exiting the
584	584	17 patrol vehicle for law enforcement-related encounters.
585	585	18 (C) Officer-worn body cameras may be turned off
586	586	19 when the officer is inside a correctional facility or
587	587	20 courthouse which is equipped with a functioning camera
588	588	21 system.
589	589	22 (4) Cameras must be turned off when:
590	590	23 (A) the victim of a crime requests that the camera
591	591	24 be turned off, and unless impractical or impossible,
592	592	25 that request is made on the recording;
593	593	26 (B) a witness of a crime or a community member who
594	594
595	595
596	596
597	597
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604	604	1 wishes to report a crime requests that the camera be
605	605	2 turned off, and unless impractical or impossible that
606	606	3 request is made on the recording;
607	607	4 (C) the officer is interacting with a confidential
608	608	5 informant used by the law enforcement agency; or
609	609	6 (D) an officer of the Department of Revenue enters
610	610	7 a Department of Revenue facility or conducts an
611	611	8 interview during which return information will be
612	612	9 discussed or visible.
613	613	10 However, an officer may continue to record or resume
614	614	11 recording a victim or a witness, if exigent circumstances
615	615	12 exist, or if the officer has reasonable articulable
616	616	13 suspicion that a victim or witness, or confidential
617	617	14 informant has committed or is in the process of committing
618	618	15 a crime. Under these circumstances, and unless impractical
619	619	16 or impossible, the officer must indicate on the recording
620	620	17 the reason for continuing to record despite the request of
621	621	18 the victim or witness.
622	622	19 (4.5) Cameras may be turned off when the officer is
623	623	20 engaged in community caretaking functions. However, the
624	624	21 camera must be turned on when the officer has reason to
625	625	22 believe that the person on whose behalf the officer is
626	626	23 performing a community caretaking function has committed
627	627	24 or is in the process of committing a crime. If exigent
628	628	25 circumstances exist which prevent the camera from being
629	629	26 turned on, the camera must be turned on as soon as
630	630
631	631
632	632
633	633
634	634
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636	636
637	637
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639	639	HB4050 - 18 - LRB103 31718 AWJ 60299 b
640	640	1 practicable.
641	641	2 (5) Before January 1, 2026, an The officer must
642	642	3 provide notice of recording to any person if the person
643	643	4 has a reasonable expectation of privacy. Proof and proof
644	644	5 of notice must be evident in the recording. If exigent
645	645	6 circumstances exist which prevent the officer from
646	646	7 providing notice, notice must be provided as soon as
647	647	8 practicable.
648	648	9 (6) (A) For the purposes of redaction or duplicating
649	649	10 recordings, access to camera recordings shall be
650	650	11 restricted to only those personnel responsible for those
651	651	12 purposes. The recording officer or his or her supervisor
652	652	13 may not redact, duplicate, or otherwise alter the
653	653	14 recording officer's camera recordings. Except as otherwise
654	654	15 provided in this Section, the recording officer and his or
655	655	16 her supervisor may access and review recordings prior to
656	656	17 completing incident reports or other documentation,
657	657	18 provided that the supervisor discloses that fact in the
658	658	19 report or documentation.
659	659	20 (i) A law enforcement officer shall not have
660	660	21 access to or review his or her body-worn camera
661	661	22 recordings or the body-worn camera recordings of
662	662	23 another officer prior to completing incident reports
663	663	24 or other documentation when the officer:
664	664	25 (a) has been involved in or is a witness to an
665	665	26 officer-involved shooting, use of deadly force
666	666
667	667
668	668
669	669
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672	672
673	673
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675	675	HB4050 - 19 - LRB103 31718 AWJ 60299 b
676	676	1 incident, or use of force incidents resulting in
677	677	2 great bodily harm;
678	678	3 (b) is ordered to write a report in response
679	679	4 to or during the investigation of a misconduct
680	680	5 complaint against the officer.
681	681	6 (ii) If the officer subject to subparagraph (i)
682	682	7 prepares a report, any report shall be prepared
683	683	8 without viewing body-worn camera recordings, and
684	684	9 subject to supervisor's approval, officers may file
685	685	10 amendatory reports after viewing body-worn camera
686	686	11 recordings. Supplemental reports under this provision
687	687	12 shall also contain documentation regarding access to
688	688	13 the video footage.
689	689	14 (B) The recording officer's assigned field
690	690	15 training officer may access and review recordings for
691	691	16 training purposes. Any detective or investigator
692	692	17 directly involved in the investigation of a matter may
693	693	18 access and review recordings which pertain to that
694	694	19 investigation but may not have access to delete or
695	695	20 alter such recordings.
696	696	21 (7) Recordings made on officer-worn cameras must be
697	697	22 retained by the law enforcement agency or by the camera
698	698	23 vendor used by the agency, on a recording medium for a
699	699	24 period of 90 days.
700	700	25 (A) Under no circumstances shall any recording,
701	701	26 except for a non-law enforcement related activity or
702	702
703	703
704	704
705	705
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708	708
709	709
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712	712	1 encounter, made with an officer-worn body camera be
713	713	2 altered, erased, or destroyed prior to the expiration
714	714	3 of the 90-day storage period. In the event any
715	715	4 recording made with an officer-worn body camera is
716	716	5 altered, erased, or destroyed prior to the expiration
717	717	6 of the 90-day storage period, the law enforcement
718	718	7 agency shall maintain, for a period of one year, a
719	719	8 written record including (i) the name of the
720	720	9 individual who made such alteration, erasure, or
721	721	10 destruction, and (ii) the reason for any such
722	722	11 alteration, erasure, or destruction.
723	723	12 (B) Following the 90-day storage period, any and
724	724	13 all recordings made with an officer-worn body camera
725	725	14 must be destroyed, unless any encounter captured on
726	726	15 the recording has been flagged. An encounter is deemed
727	727	16 to be flagged when:
728	728	17 (i) a formal investigation or informal
729	729	18 inquiry, as those terms are defined in Section 2
730	730	19 of the Uniform Peace Officers' Disciplinary Act,
731	731	20 has commenced complaint has been filed;
732	732	21 (ii) the officer discharged his or her firearm
733	733	22 or used force during the encounter;
734	734	23 (iii) death or great bodily harm occurred to
735	735	24 any person in the recording;
736	736	25 (iv) the encounter resulted in a detention or
737	737	26 an arrest, excluding traffic stops which resulted
738	738
739	739
740	740
741	741
742	742
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744	744
745	745
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748	748	1 in only a minor traffic offense or business
749	749	2 offense;
750	750	3 (v) the officer is the subject of an internal
751	751	4 investigation or otherwise being investigated for
752	752	5 possible misconduct;
753	753	6 (vi) the supervisor of the officer,
754	754	7 prosecutor, defendant, or court determines that
755	755	8 the encounter has evidentiary value in a criminal
756	756	9 prosecution; or
757	757	10 (vii) the recording officer requests that the
758	758	11 video be flagged for official purposes related to
759	759	12 his or her official duties or believes it may have
760	760	13 evidentiary value in a criminal prosecution.
761	761	14 (C) Under no circumstances shall any recording
762	762	15 made with an officer-worn body camera relating to a
763	763	16 flagged encounter be altered or destroyed prior to 2
764	764	17 years after the recording was flagged. If the flagged
765	765	18 recording was used in a criminal, civil, or
766	766	19 administrative proceeding, the recording shall not be
767	767	20 destroyed except upon a final disposition and order
768	768	21 from the court.
769	769	22 (D) Nothing in this Act prohibits law enforcement
770	770	23 agencies from labeling officer-worn body camera video
771	771	24 within the recording medium; provided that the
772	772	25 labeling does not alter the actual recording of the
773	773	26 incident captured on the officer-worn body camera. The
774	774
775	775
776	776
777	777
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780	780
781	781
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784	784	1 labels, titles, and tags shall not be construed as
785	785	2 altering the officer-worn body camera video in any
786	786	3 way.
787	787	4 (8) Following the 90-day storage period, recordings
788	788	5 may be retained if a supervisor at the law enforcement
789	789	6 agency designates the recording for training purposes. If
790	790	7 the recording is designated for training purposes, the
791	791	8 recordings may be viewed by officers, in the presence of a
792	792	9 supervisor or training instructor, for the purposes of
793	793	10 instruction, training, or ensuring compliance with agency
794	794	11 policies.
795	795	12 (9) Recordings shall not be used to discipline law
796	796	13 enforcement officers unless:
797	797	14 (A) a formal investigation or informal inquiry, as
798	798	15 those terms are defined in Section 2 of the Uniform
799	799	16 Peace Officers' Disciplinary Act, has commenced a
800	800	17 formal or informal complaint of misconduct has been
801	801	18 made;
802	802	19 (B) a use of force incident has occurred;
803	803	20 (C) the encounter on the recording could result in
804	804	21 a formal investigation under the Uniform Peace
805	805	22 Officers' Disciplinary Act; or
806	806	23 (D) as corroboration of other evidence of
807	807	24 misconduct.
808	808	25 Nothing in this paragraph (9) shall be construed to
809	809	26 limit or prohibit a law enforcement officer from being
810	810
811	811
812	812
813	813
814	814
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816	816
817	817
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820	820	1 subject to an action that does not amount to discipline.
821	821	2 (10) The law enforcement agency shall ensure proper
822	822	3 care and maintenance of officer-worn body cameras. Upon
823	823	4 becoming aware, officers must as soon as practical
824	824	5 document and notify the appropriate supervisor of any
825	825	6 technical difficulties, failures, or problems with the
826	826	7 officer-worn body camera or associated equipment. Upon
827	827	8 receiving notice, the appropriate supervisor shall make
828	828	9 every reasonable effort to correct and repair any of the
829	829	10 officer-worn body camera equipment.
830	830	11 (11) No officer may hinder or prohibit any person, not
831	831	12 a law enforcement officer, from recording a law
832	832	13 enforcement officer in the performance of his or her
833	833	14 duties in a public place or when the officer has no
834	834	15 reasonable expectation of privacy. The law enforcement
835	835	16 agency's written policy shall indicate the potential
836	836	17 criminal penalties, as well as any departmental
837	837	18 discipline, which may result from unlawful confiscation or
838	838	19 destruction of the recording medium of a person who is not
839	839	20 a law enforcement officer. However, an officer may take
840	840	21 reasonable action to maintain safety and control, secure
841	841	22 crime scenes and accident sites, protect the integrity and
842	842	23 confidentiality of investigations, and protect the public
843	843	24 safety and order.
844	844	25 (b) Recordings made with the use of an officer-worn body
845	845	26 camera are not subject to disclosure under the Freedom of
846	846
847	847
848	848
849	849
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852	852
853	853
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855	855	HB4050 - 24 - LRB103 31718 AWJ 60299 b
856	856	1 Information Act, except when a recording is flagged due to the
857	857	2 filing of a complaint, discharge of a firearm, use of force,
858	858	3 arrest or detention, or resulting death or bodily harm, and
859	859	4 the subject of the encounter has a reasonable expectation of
860	860	5 privacy at the time of the recording. A recording subject to
861	861	6 disclosure under this subsection may be only released to the
862	862	7 subject of the encounter captured on the recording or the
863	863	8 subject's legal representative if the law enforcement agency
864	864	9 obtains written permission of the subject or the subject's
865	865	10 legal representative. Any disclosure under this subsection (b)
866	866	11 shall be limited to the portion of the recording containing
867	867	12 the subject of the encounter captured by the primary officer's
868	868	13 body-worn camera. that:
869	869	14 (1) if the subject of the encounter has a reasonable
870	870	15 expectation of privacy, at the time of the recording, any
871	871	16 recording which is flagged, due to the filing of a
872	872	17 complaint, discharge of a firearm, use of force, arrest or
873	873	18 detention, or resulting death or bodily harm, shall be
874	874	19 disclosed in accordance with the Freedom of Information
875	875	20 Act if:
876	876	21 (A) the subject of the encounter captured on the
877	877	22 recording is a victim or witness; and
878	878	23 (B) the law enforcement agency obtains written
879	879	24 permission of the subject or the subject's legal
880	880	25 representative;
881	881	26 (2) except as provided in paragraph (1) of this
882	882
883	883
884	884
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888	888
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892	892	1 subsection (b), any recording which is flagged due to the
893	893	2 filing of a complaint, discharge of a firearm, use of
894	894	3 force, arrest or detention, or resulting death or bodily
895	895	4 harm shall be disclosed in accordance with the Freedom of
896	896	5 Information Act; and
897	897	6 (3) upon request, the law enforcement agency shall
898	898	7 disclose, in accordance with the Freedom of Information
899	899	8 Act, the recording to the subject of the encounter
900	900	9 captured on the recording or to the subject's attorney, or
901	901	10 the officer or his or her legal representative.
902	902	11 For the purposes of paragraph (1) of this subsection (b),
903	903	12 no person shall the subject of the encounter does not have a
904	904	13 reasonable expectation of privacy if the person the subject
905	905	14 was arrested as a result of the encounter or if the encounter
906	906	15 was captured in a publicly accessible area. For purposes of
907	907	16 subparagraph (A) of paragraph (1) of this subsection (b),
908	908	17 "witness" does not include a person who is a victim or who was
909	909	18 arrested as a result of the encounter.
910	910	19 Only recordings or portions of recordings responsive to
911	911	20 the request shall be available for inspection or reproduction.
912	912	21 Any recording disclosed under the Freedom of Information Act
913	913	22 shall be redacted to remove identification of any person that
914	914	23 appears on the recording and is not the officer, a subject of
915	915	24 the encounter, or directly involved in the encounter if they
916	916	25 are readily identifiable and have an expectation of privacy.
917	917	26 Nothing in this subsection (b) shall require the disclosure of
918	918
919	919
920	920
921	921
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925	925
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927	927	HB4050 - 26 - LRB103 31718 AWJ 60299 b
928	928	1 any recording or portion of any recording which would be
929	929	2 exempt from disclosure under the Freedom of Information Act.
930	930	3 (c) Nothing in this Section shall limit access to an
931	931	4 officer-worn body a camera recording for the purposes of
932	932	5 complying with Supreme Court rules or the rules of evidence.
933	933	6 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
934	934	7 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
935	935	8 12-6-22.)
936	936	9 Section 15. The Law Enforcement Camera Grant Act is
937	937	10 amended by changing Sections 15 and 20 as follows:
938	938	11 (50 ILCS 707/15)
939	939	12 Sec. 15. Rules; in-car video camera grants.
940	940	13 (a) The Board shall develop model rules for the use of
941	941	14 in-car video cameras to be adopted by law enforcement agencies
942	942	15 that receive grants under Section 10 of this Act. The rules
943	943	16 shall include all of the following requirements:
944	944	17 (1) Cameras must be installed in the law enforcement
945	945	18 agency vehicles.
946	946	19 (2) Video recording must provide audio of the officer
947	947	20 when the officer is outside of the vehicle.
948	948	21 (3) Camera access must be restricted to the
949	949	22 supervisors of the officer in the vehicle.
950	950	23 (4) Cameras must be turned on continuously throughout
951	951	24 the officer's shift.
952	952
953	953
954	954
955	955
956	956
957	957	HB4050 - 26 - LRB103 31718 AWJ 60299 b
958	958
959	959
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961	961	HB4050 - 27 - LRB103 31718 AWJ 60299 b
962	962	1 (5) A copy of the video record must be made available
963	963	2 upon request to personnel of the law enforcement agency,
964	964	3 the local State's Attorney, and any persons depicted in
965	965	4 the video. Procedures for distribution of the video record
966	966	5 must include safeguards to protect the identities of
967	967	6 individuals who are not a party to the requested stop.
968	968	7 (6) Law enforcement agencies that receive moneys under
969	969	8 this grant shall provide for storage of the video records
970	970	9 for a period of not less than 2 years.
971	971	10 (b) Each law enforcement agency receiving a grant for
972	972	11 in-car video cameras under Section 10 of this Act must provide
973	973	12 an annual report to the Board, the Governor, and the General
974	974	13 Assembly on or before May 1 of the year following the receipt
975	975	14 of the grant and by each May 1 thereafter during the period of
976	976	15 the grant. The report shall include the following:
977	977	16 (1) the number of cameras received by the law
978	978	17 enforcement agency;
979	979	18 (2) the number of cameras actually installed in law
980	980	19 enforcement agency vehicles;
981	981	20 (3) a brief description of the review process used by
982	982	21 supervisors within the law enforcement agency;
983	983	22 (4) (blank); and a list of any criminal, traffic,
984	984	23 ordinance, and civil cases in which in-car video
985	985	24 recordings were used, including party names, case numbers,
986	986	25 offenses charged, and disposition of the matter.
987	987	26 Proceedings to which this paragraph (4) applies include,
988	988
989	989
990	990
991	991
992	992
993	993	HB4050 - 27 - LRB103 31718 AWJ 60299 b
994	994
995	995
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997	997	HB4050 - 28 - LRB103 31718 AWJ 60299 b
998	998	1 but are not limited to, court proceedings, coroner's
999	999	2 inquests, grand jury proceedings, and plea bargains; and
1000	1000	3 (5) any other information relevant to the
1001	1001	4 administration of the program.
1002	1002	5 (Source: P.A. 99-352, eff. 1-1-16.)
1003	1003	6 (50 ILCS 707/20)
1004	1004	7 Sec. 20. Rules; officer body-worn camera grants.
1005	1005	8 (a) The Board shall develop model rules for the use of
1006	1006	9 officer body-worn cameras to be adopted by law enforcement
1007	1007	10 agencies that receive grants under Section 10 of this Act. The
1008	1008	11 rules shall comply with the Law Enforcement Officer-Worn Body
1009	1009	12 Camera Act.
1010	1010	13 (b) Each law enforcement agency receiving a grant for
1011	1011	14 officer-worn body cameras under Section 10 of this Act must
1012	1012	15 provide an annual report to the Board, the Governor, and the
1013	1013	16 General Assembly on or before May 1 of the year following the
1014	1014	17 receipt of the grant and by each May 1 thereafter during the
1015	1015	18 period of the grant. The report shall include:
1016	1016	19 (1) a brief overview of the makeup of the agency,
1017	1017	20 including the number of officers utilizing officer-worn
1018	1018	21 body cameras;
1019	1019	22 (2) the number of officer-worn body cameras utilized
1020	1020	23 by the law enforcement agency;
1021	1021	24 (3) any technical issues with the equipment and how
1022	1022	25 those issues were remedied;
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027
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1029	1029
1030	1030
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1032	1032	HB4050 - 29 - LRB103 31718 AWJ 60299 b
1033	1033	1 (4) a brief description of the review process used by
1034	1034	2 supervisors within the law enforcement agency;
1035	1035	3 (5) (blank); for each recording used in prosecutions
1036	1036	4 of conservation, criminal, or traffic offenses or
1037	1037	5 municipal ordinance violations:
1038	1038	6 (A) the time, date, and location of the incident;
1039	1039	7 and
1040	1040	8 (B) the offenses charged and the date charges were
1041	1041	9 filed;
1042	1042	10 (6) (blank); and for a recording used in a civil
1043	1043	11 proceeding or internal affairs investigation:
1044	1044	12 (A) the number of pending civil proceedings and
1045	1045	13 internal investigations;
1046	1046	14 (B) in resolved civil proceedings and pending
1047	1047	15 investigations:
1048	1048	16 (i) the nature of the complaint or
1049	1049	17 allegations;
1050	1050	18 (ii) the disposition, if known; and
1051	1051	19 (iii) the date, time and location of the
1052	1052	20 incident; and
1053	1053	21 (7) any other information relevant to the
1054	1054	22 administration of the program.
1055	1055	23 (c) On or before July 30 of each year, the Board must
1056	1056	24 analyze the law enforcement agency reports and provide an
1057	1057	25 annual report to the General Assembly and the Governor.
1058	1058	26 (Source: P.A. 99-352, eff. 1-1-16.)
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063
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1065	1065
1066	1066
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1068	1068	HB4050 - 30 - LRB103 31718 AWJ 60299 b
1069	1069	1 Section 20. The Criminal Code of 2012 is amended by
1070	1070	2 changing Sections 14-3 and 31-4 as follows:
1071	1071	3 (720 ILCS 5/14-3)
1072	1072	4 Sec. 14-3. Exemptions. The following activities shall be
1073	1073	5 exempt from the provisions of this Article:
1074	1074	6 (a) Listening to radio, wireless electronic
1075	1075	7 communications, and television communications of any sort
1076	1076	8 where the same are publicly made;
1077	1077	9 (b) Hearing conversation when heard by employees of
1078	1078	10 any common carrier by wire incidental to the normal course
1079	1079	11 of their employment in the operation, maintenance or
1080	1080	12 repair of the equipment of such common carrier by wire so
1081	1081	13 long as no information obtained thereby is used or
1082	1082	14 divulged by the hearer;
1083	1083	15 (c) Any broadcast by radio, television or otherwise
1084	1084	16 whether it be a broadcast or recorded for the purpose of
1085	1085	17 later broadcasts of any function where the public is in
1086	1086	18 attendance and the conversations are overheard incidental
1087	1087	19 to the main purpose for which such broadcasts are then
1088	1088	20 being made;
1089	1089	21 (d) Recording or listening with the aid of any device
1090	1090	22 to any emergency communication made in the normal course
1091	1091	23 of operations by any federal, state or local law
1092	1092	24 enforcement agency or institutions dealing in emergency
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098	HB4050 - 30 - LRB103 31718 AWJ 60299 b
1099	1099
1100	1100
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1102	1102	HB4050 - 31 - LRB103 31718 AWJ 60299 b
1103	1103	1 services, including, but not limited to, hospitals,
1104	1104	2 clinics, ambulance services, fire fighting agencies, any
1105	1105	3 public utility, emergency repair facility, civilian
1106	1106	4 defense establishment or military installation;
1107	1107	5 (e) Recording the proceedings of any meeting required
1108	1108	6 to be open by the Open Meetings Act, as amended;
1109	1109	7 (f) Recording or listening with the aid of any device
1110	1110	8 to incoming telephone calls of phone lines publicly listed
1111	1111	9 or advertised as consumer "hotlines" by manufacturers or
1112	1112	10 retailers of food and drug products. Such recordings must
1113	1113	11 be destroyed, erased or turned over to local law
1114	1114	12 enforcement authorities within 24 hours from the time of
1115	1115	13 such recording and shall not be otherwise disseminated.
1116	1116	14 Failure on the part of the individual or business
1117	1117	15 operating any such recording or listening device to comply
1118	1118	16 with the requirements of this subsection shall eliminate
1119	1119	17 any civil or criminal immunity conferred upon that
1120	1120	18 individual or business by the operation of this Section;
1121	1121	19 (g) With prior notification to the State's Attorney of
1122	1122	20 the county in which it is to occur, recording or listening
1123	1123	21 with the aid of any device to any conversation where a law
1124	1124	22 enforcement officer, or any person acting at the direction
1125	1125	23 of law enforcement, is a party to the conversation and has
1126	1126	24 consented to it being intercepted or recorded under
1127	1127	25 circumstances where the use of the device is necessary for
1128	1128	26 the protection of the law enforcement officer or any
1129	1129
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134	HB4050 - 31 - LRB103 31718 AWJ 60299 b
1135	1135
1136	1136
1137	1137	HB4050- 32 -LRB103 31718 AWJ 60299 b HB4050 - 32 - LRB103 31718 AWJ 60299 b
1138	1138	HB4050 - 32 - LRB103 31718 AWJ 60299 b
1139	1139	1 person acting at the direction of law enforcement, in the
1140	1140	2 course of an investigation of a forcible felony, a felony
1141	1141	3 offense of involuntary servitude, involuntary sexual
1142	1142	4 servitude of a minor, or trafficking in persons under
1143	1143	5 Section 10-9 of this Code, an offense involving
1144	1144	6 prostitution, solicitation of a sexual act, or pandering,
1145	1145	7 a felony violation of the Illinois Controlled Substances
1146	1146	8 Act, a felony violation of the Cannabis Control Act, a
1147	1147	9 felony violation of the Methamphetamine Control and
1148	1148	10 Community Protection Act, any "streetgang related" or
1149	1149	11 "gang-related" felony as those terms are defined in the
1150	1150	12 Illinois Streetgang Terrorism Omnibus Prevention Act, or
1151	1151	13 any felony offense involving any weapon listed in
1152	1152	14 paragraphs (1) through (11) of subsection (a) of Section
1153	1153	15 24-1 of this Code. Any recording or evidence derived as
1154	1154	16 the result of this exemption shall be inadmissible in any
1155	1155	17 proceeding, criminal, civil or administrative, except (i)
1156	1156	18 where a party to the conversation suffers great bodily
1157	1157	19 injury or is killed during such conversation, or (ii) when
1158	1158	20 used as direct impeachment of a witness concerning matters
1159	1159	21 contained in the interception or recording. The Director
1160	1160	22 of the Illinois State Police shall issue regulations as
1161	1161	23 are necessary concerning the use of devices, retention of
1162	1162	24 tape recordings, and reports regarding their use;
1163	1163	25 (g-5) (Blank);
1164	1164	26 (g-6) With approval of the State's Attorney of the
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170	HB4050 - 32 - LRB103 31718 AWJ 60299 b
1171	1171
1172	1172
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1174	1174	HB4050 - 33 - LRB103 31718 AWJ 60299 b
1175	1175	1 county in which it is to occur, recording or listening
1176	1176	2 with the aid of any device to any conversation where a law
1177	1177	3 enforcement officer, or any person acting at the direction
1178	1178	4 of law enforcement, is a party to the conversation and has
1179	1179	5 consented to it being intercepted or recorded in the
1180	1180	6 course of an investigation of child pornography,
1181	1181	7 aggravated child pornography, indecent solicitation of a
1182	1182	8 child, luring of a minor, sexual exploitation of a child,
1183	1183	9 aggravated criminal sexual abuse in which the victim of
1184	1184	10 the offense was at the time of the commission of the
1185	1185	11 offense under 18 years of age, or criminal sexual abuse by
1186	1186	12 force or threat of force in which the victim of the offense
1187	1187	13 was at the time of the commission of the offense under 18
1188	1188	14 years of age. In all such cases, an application for an
1189	1189	15 order approving the previous or continuing use of an
1190	1190	16 eavesdropping device must be made within 48 hours of the
1191	1191	17 commencement of such use. In the absence of such an order,
1192	1192	18 or upon its denial, any continuing use shall immediately
1193	1193	19 terminate. The Director of the Illinois State Police shall
1194	1194	20 issue rules as are necessary concerning the use of
1195	1195	21 devices, retention of recordings, and reports regarding
1196	1196	22 their use. Any recording or evidence obtained or derived
1197	1197	23 in the course of an investigation of child pornography,
1198	1198	24 aggravated child pornography, indecent solicitation of a
1199	1199	25 child, luring of a minor, sexual exploitation of a child,
1200	1200	26 aggravated criminal sexual abuse in which the victim of
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205
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1207	1207
1208	1208
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1210	1210	HB4050 - 34 - LRB103 31718 AWJ 60299 b
1211	1211	1 the offense was at the time of the commission of the
1212	1212	2 offense under 18 years of age, or criminal sexual abuse by
1213	1213	3 force or threat of force in which the victim of the offense
1214	1214	4 was at the time of the commission of the offense under 18
1215	1215	5 years of age shall, upon motion of the State's Attorney or
1216	1216	6 Attorney General prosecuting any case involving child
1217	1217	7 pornography, aggravated child pornography, indecent
1218	1218	8 solicitation of a child, luring of a minor, sexual
1219	1219	9 exploitation of a child, aggravated criminal sexual abuse
1220	1220	10 in which the victim of the offense was at the time of the
1221	1221	11 commission of the offense under 18 years of age, or
1222	1222	12 criminal sexual abuse by force or threat of force in which
1223	1223	13 the victim of the offense was at the time of the commission
1224	1224	14 of the offense under 18 years of age be reviewed in camera
1225	1225	15 with notice to all parties present by the court presiding
1226	1226	16 over the criminal case, and, if ruled by the court to be
1227	1227	17 relevant and otherwise admissible, it shall be admissible
1228	1228	18 at the trial of the criminal case. Absent such a ruling,
1229	1229	19 any such recording or evidence shall not be admissible at
1230	1230	20 the trial of the criminal case;
1231	1231	21 (h) Recordings made simultaneously with the use of an
1232	1232	22 in-car video camera recording of an oral conversation
1233	1233	23 between a uniformed peace officer, who has identified his
1234	1234	24 or her office, and a person in the presence of the peace
1235	1235	25 officer whenever (i) an officer assigned a patrol vehicle
1236	1236	26 is conducting an enforcement stop; or (ii) patrol vehicle
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241
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1243	1243
1244	1244
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1246	1246	HB4050 - 35 - LRB103 31718 AWJ 60299 b
1247	1247	1 emergency lights are activated or would otherwise be
1248	1248	2 activated if not for the need to conceal the presence of
1249	1249	3 law enforcement.
1250	1250	4 For the purposes of this subsection (h), "enforcement
1251	1251	5 stop" means an action by a law enforcement officer in
1252	1252	6 relation to enforcement and investigation duties,
1253	1253	7 including but not limited to, traffic stops, pedestrian
1254	1254	8 stops, abandoned vehicle contacts, motorist assists,
1255	1255	9 commercial motor vehicle stops, roadside safety checks,
1256	1256	10 requests for identification, or responses to requests for
1257	1257	11 emergency assistance;
1258	1258	12 (h-5) Recordings of utterances made by a person while
1259	1259	13 in the presence of a uniformed peace officer and while an
1260	1260	14 occupant of a police vehicle including, but not limited
1261	1261	15 to, (i) recordings made simultaneously with the use of an
1262	1262	16 in-car video camera and (ii) recordings made in the
1263	1263	17 presence of the peace officer utilizing video or audio
1264	1264	18 systems, or both, authorized by the law enforcement
1265	1265	19 agency;
1266	1266	20 (h-10) Recordings made simultaneously with a video
1267	1267	21 camera recording during the use of a taser or similar
1268	1268	22 weapon or device by a peace officer if the weapon or device
1269	1269	23 is equipped with such camera;
1270	1270	24 (h-15) Recordings made under subsection (h), (h-5), or
1271	1271	25 (h-10) shall be retained by the law enforcement agency
1272	1272	26 that employs the peace officer who made the recordings for
1273	1273
1274	1274
1275	1275
1276	1276
1277	1277
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1279	1279
1280	1280
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1282	1282	HB4050 - 36 - LRB103 31718 AWJ 60299 b
1283	1283	1 a storage period of 90 days, unless the recordings are
1284	1284	2 made as a part of an arrest or the recordings are deemed
1285	1285	3 evidence in any criminal, civil, or administrative
1286	1286	4 proceeding and then the recordings must only be destroyed
1287	1287	5 upon a final disposition and an order from the court.
1288	1288	6 Under no circumstances shall any recording be altered or
1289	1289	7 erased prior to the expiration of the designated storage
1290	1290	8 period. Upon completion of the storage period, the
1291	1291	9 recording medium may be erased and reissued for
1292	1292	10 operational use;
1293	1293	11 (i) Recording of a conversation made by or at the
1294	1294	12 request of a person, not a law enforcement officer or
1295	1295	13 agent of a law enforcement officer, who is a party to the
1296	1296	14 conversation, under reasonable suspicion that another
1297	1297	15 party to the conversation is committing, is about to
1298	1298	16 commit, or has committed a criminal offense against the
1299	1299	17 person or a member of his or her immediate household, and
1300	1300	18 there is reason to believe that evidence of the criminal
1301	1301	19 offense may be obtained by the recording;
1302	1302	20 (j) The use of a telephone monitoring device by either
1303	1303	21 (1) a corporation or other business entity engaged in
1304	1304	22 marketing or opinion research or (2) a corporation or
1305	1305	23 other business entity engaged in telephone solicitation,
1306	1306	24 as defined in this subsection, to record or listen to oral
1307	1307	25 telephone solicitation conversations or marketing or
1308	1308	26 opinion research conversations by an employee of the
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313
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1315	1315
1316	1316
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1318	1318	HB4050 - 37 - LRB103 31718 AWJ 60299 b
1319	1319	1 corporation or other business entity when:
1320	1320	2 (i) the monitoring is used for the purpose of
1321	1321	3 service quality control of marketing or opinion
1322	1322	4 research or telephone solicitation, the education or
1323	1323	5 training of employees or contractors engaged in
1324	1324	6 marketing or opinion research or telephone
1325	1325	7 solicitation, or internal research related to
1326	1326	8 marketing or opinion research or telephone
1327	1327	9 solicitation; and
1328	1328	10 (ii) the monitoring is used with the consent of at
1329	1329	11 least one person who is an active party to the
1330	1330	12 marketing or opinion research conversation or
1331	1331	13 telephone solicitation conversation being monitored.
1332	1332	14 No communication or conversation or any part, portion,
1333	1333	15 or aspect of the communication or conversation made,
1334	1334	16 acquired, or obtained, directly or indirectly, under this
1335	1335	17 exemption (j), may be, directly or indirectly, furnished
1336	1336	18 to any law enforcement officer, agency, or official for
1337	1337	19 any purpose or used in any inquiry or investigation, or
1338	1338	20 used, directly or indirectly, in any administrative,
1339	1339	21 judicial, or other proceeding, or divulged to any third
1340	1340	22 party.
1341	1341	23 When recording or listening authorized by this
1342	1342	24 subsection (j) on telephone lines used for marketing or
1343	1343	25 opinion research or telephone solicitation purposes
1344	1344	26 results in recording or listening to a conversation that
1345	1345
1346	1346
1347	1347
1348	1348
1349	1349
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1351	1351
1352	1352
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1354	1354	HB4050 - 38 - LRB103 31718 AWJ 60299 b
1355	1355	1 does not relate to marketing or opinion research or
1356	1356	2 telephone solicitation; the person recording or listening
1357	1357	3 shall, immediately upon determining that the conversation
1358	1358	4 does not relate to marketing or opinion research or
1359	1359	5 telephone solicitation, terminate the recording or
1360	1360	6 listening and destroy any such recording as soon as is
1361	1361	7 practicable.
1362	1362	8 Business entities that use a telephone monitoring or
1363	1363	9 telephone recording system pursuant to this exemption (j)
1364	1364	10 shall provide current and prospective employees with
1365	1365	11 notice that the monitoring or recordings may occur during
1366	1366	12 the course of their employment. The notice shall include
1367	1367	13 prominent signage notification within the workplace.
1368	1368	14 Business entities that use a telephone monitoring or
1369	1369	15 telephone recording system pursuant to this exemption (j)
1370	1370	16 shall provide their employees or agents with access to
1371	1371	17 personal-only telephone lines which may be pay telephones,
1372	1372	18 that are not subject to telephone monitoring or telephone
1373	1373	19 recording.
1374	1374	20 For the purposes of this subsection (j), "telephone
1375	1375	21 solicitation" means a communication through the use of a
1376	1376	22 telephone by live operators:
1377	1377	23 (i) soliciting the sale of goods or services;
1378	1378	24 (ii) receiving orders for the sale of goods or
1379	1379	25 services;
1380	1380	26 (iii) assisting in the use of goods or services;
1381	1381
1382	1382
1383	1383
1384	1384
1385	1385
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1387	1387
1388	1388
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1390	1390	HB4050 - 39 - LRB103 31718 AWJ 60299 b
1391	1391	1 or
1392	1392	2 (iv) engaging in the solicitation, administration,
1393	1393	3 or collection of bank or retail credit accounts.
1394	1394	4 For the purposes of this subsection (j), "marketing or
1395	1395	5 opinion research" means a marketing or opinion research
1396	1396	6 interview conducted by a live telephone interviewer
1397	1397	7 engaged by a corporation or other business entity whose
1398	1398	8 principal business is the design, conduct, and analysis of
1399	1399	9 polls and surveys measuring the opinions, attitudes, and
1400	1400	10 responses of respondents toward products and services, or
1401	1401	11 social or political issues, or both;
1402	1402	12 (k) Electronic recordings, including but not limited
1403	1403	13 to, a motion picture, videotape, digital, or other visual
1404	1404	14 or audio recording, made of a custodial interrogation of
1405	1405	15 an individual at a police station or other place of
1406	1406	16 detention by a law enforcement officer under Section
1407	1407	17 5-401.5 of the Juvenile Court Act of 1987 or Section
1408	1408	18 103-2.1 of the Code of Criminal Procedure of 1963;
1409	1409	19 (l) Recording the interview or statement of any person
1410	1410	20 when the person knows that the interview is being
1411	1411	21 conducted by a law enforcement officer or prosecutor and
1412	1412	22 the interview takes place at a police station that is
1413	1413	23 currently participating in the Custodial Interview Pilot
1414	1414	24 Program established under the Illinois Criminal Justice
1415	1415	25 Information Act;
1416	1416	26 (m) An electronic recording, including but not limited
1417	1417
1418	1418
1419	1419
1420	1420
1421	1421
1422	1422	HB4050 - 39 - LRB103 31718 AWJ 60299 b
1423	1423
1424	1424
1425	1425	HB4050- 40 -LRB103 31718 AWJ 60299 b HB4050 - 40 - LRB103 31718 AWJ 60299 b
1426	1426	HB4050 - 40 - LRB103 31718 AWJ 60299 b
1427	1427	1 to, a motion picture, videotape, digital, or other visual
1428	1428	2 or audio recording, made of the interior of a school bus
1429	1429	3 while the school bus is being used in the transportation
1430	1430	4 of students to and from school and school-sponsored
1431	1431	5 activities, when the school board has adopted a policy
1432	1432	6 authorizing such recording, notice of such recording
1433	1433	7 policy is included in student handbooks and other
1434	1434	8 documents including the policies of the school, notice of
1435	1435	9 the policy regarding recording is provided to parents of
1436	1436	10 students, and notice of such recording is clearly posted
1437	1437	11 on the door of and inside the school bus.
1438	1438	12 Recordings made pursuant to this subsection (m) shall
1439	1439	13 be confidential records and may only be used by school
1440	1440	14 officials (or their designees) and law enforcement
1441	1441	15 personnel for investigations, school disciplinary actions
1442	1442	16 and hearings, proceedings under the Juvenile Court Act of
1443	1443	17 1987, and criminal prosecutions, related to incidents
1444	1444	18 occurring in or around the school bus;
1445	1445	19 (n) Recording or listening to an audio transmission
1446	1446	20 from a microphone placed by a person under the authority
1447	1447	21 of a law enforcement agency inside a bait car surveillance
1448	1448	22 vehicle while simultaneously capturing a photographic or
1449	1449	23 video image;
1450	1450	24 (o) The use of an eavesdropping camera or audio device
1451	1451	25 during an ongoing hostage or barricade situation by a law
1452	1452	26 enforcement officer or individual acting on behalf of a
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458	HB4050 - 40 - LRB103 31718 AWJ 60299 b
1459	1459
1460	1460
1461	1461	HB4050- 41 -LRB103 31718 AWJ 60299 b HB4050 - 41 - LRB103 31718 AWJ 60299 b
1462	1462	HB4050 - 41 - LRB103 31718 AWJ 60299 b
1463	1463	1 law enforcement officer when the use of such device is
1464	1464	2 necessary to protect the safety of the general public,
1465	1465	3 hostages, or law enforcement officers or anyone acting on
1466	1466	4 their behalf;
1467	1467	5 (p) Recording or listening with the aid of any device
1468	1468	6 to incoming telephone calls of phone lines publicly listed
1469	1469	7 or advertised as the "CPS Violence Prevention Hotline",
1470	1470	8 but only where the notice of recording is given at the
1471	1471	9 beginning of each call as required by Section 34-21.8 of
1472	1472	10 the School Code. The recordings may be retained only by
1473	1473	11 the Chicago Police Department or other law enforcement
1474	1474	12 authorities, and shall not be otherwise retained or
1475	1475	13 disseminated;
1476	1476	14 (q)(1) With prior request to and written or verbal
1477	1477	15 approval of the State's Attorney of the county in which
1478	1478	16 the conversation is anticipated to occur, recording or
1479	1479	17 listening with the aid of an eavesdropping device to a
1480	1480	18 conversation in which a law enforcement officer, or any
1481	1481	19 person acting at the direction of a law enforcement
1482	1482	20 officer, is a party to the conversation and has consented
1483	1483	21 to the conversation being intercepted or recorded in the
1484	1484	22 course of an investigation of a qualified offense. The
1485	1485	23 State's Attorney may grant this approval only after
1486	1486	24 determining that reasonable cause exists to believe that
1487	1487	25 inculpatory conversations concerning a qualified offense
1488	1488	26 will occur with a specified individual or individuals
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494	HB4050 - 41 - LRB103 31718 AWJ 60299 b
1495	1495
1496	1496
1497	1497	HB4050- 42 -LRB103 31718 AWJ 60299 b HB4050 - 42 - LRB103 31718 AWJ 60299 b
1498	1498	HB4050 - 42 - LRB103 31718 AWJ 60299 b
1499	1499	1 within a designated period of time.
1500	1500	2 (2) Request for approval. To invoke the exception
1501	1501	3 contained in this subsection (q), a law enforcement
1502	1502	4 officer shall make a request for approval to the
1503	1503	5 appropriate State's Attorney. The request may be written
1504	1504	6 or verbal; however, a written memorialization of the
1505	1505	7 request must be made by the State's Attorney. This request
1506	1506	8 for approval shall include whatever information is deemed
1507	1507	9 necessary by the State's Attorney but shall include, at a
1508	1508	10 minimum, the following information about each specified
1509	1509	11 individual whom the law enforcement officer believes will
1510	1510	12 commit a qualified offense:
1511	1511	13 (A) his or her full or partial name, nickname or
1512	1512	14 alias;
1513	1513	15 (B) a physical description; or
1514	1514	16 (C) failing either (A) or (B) of this paragraph
1515	1515	17 (2), any other supporting information known to the law
1516	1516	18 enforcement officer at the time of the request that
1517	1517	19 gives rise to reasonable cause to believe that the
1518	1518	20 specified individual will participate in an
1519	1519	21 inculpatory conversation concerning a qualified
1520	1520	22 offense.
1521	1521	23 (3) Limitations on approval. Each written approval by
1522	1522	24 the State's Attorney under this subsection (q) shall be
1523	1523	25 limited to:
1524	1524	26 (A) a recording or interception conducted by a
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530	HB4050 - 42 - LRB103 31718 AWJ 60299 b
1531	1531
1532	1532
1533	1533	HB4050- 43 -LRB103 31718 AWJ 60299 b HB4050 - 43 - LRB103 31718 AWJ 60299 b
1534	1534	HB4050 - 43 - LRB103 31718 AWJ 60299 b
1535	1535	1 specified law enforcement officer or person acting at
1536	1536	2 the direction of a law enforcement officer;
1537	1537	3 (B) recording or intercepting conversations with
1538	1538	4 the individuals specified in the request for approval,
1539	1539	5 provided that the verbal approval shall be deemed to
1540	1540	6 include the recording or intercepting of conversations
1541	1541	7 with other individuals, unknown to the law enforcement
1542	1542	8 officer at the time of the request for approval, who
1543	1543	9 are acting in conjunction with or as co-conspirators
1544	1544	10 with the individuals specified in the request for
1545	1545	11 approval in the commission of a qualified offense;
1546	1546	12 (C) a reasonable period of time but in no event
1547	1547	13 longer than 24 consecutive hours;
1548	1548	14 (D) the written request for approval, if
1549	1549	15 applicable, or the written memorialization must be
1550	1550	16 filed, along with the written approval, with the
1551	1551	17 circuit clerk of the jurisdiction on the next business
1552	1552	18 day following the expiration of the authorized period
1553	1553	19 of time, and shall be subject to review by the Chief
1554	1554	20 Judge or his or her designee as deemed appropriate by
1555	1555	21 the court.
1556	1556	22 (3.5) The written memorialization of the request for
1557	1557	23 approval and the written approval by the State's Attorney
1558	1558	24 may be in any format, including via facsimile, email, or
1559	1559	25 otherwise, so long as it is capable of being filed with the
1560	1560	26 circuit clerk.
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	HB4050 - 43 - LRB103 31718 AWJ 60299 b
1567	1567
1568	1568
1569	1569	HB4050- 44 -LRB103 31718 AWJ 60299 b HB4050 - 44 - LRB103 31718 AWJ 60299 b
1570	1570	HB4050 - 44 - LRB103 31718 AWJ 60299 b
1571	1571	1 (3.10) Beginning March 1, 2015, each State's Attorney
1572	1572	2 shall annually submit a report to the General Assembly
1573	1573	3 disclosing:
1574	1574	4 (A) the number of requests for each qualified
1575	1575	5 offense for approval under this subsection; and
1576	1576	6 (B) the number of approvals for each qualified
1577	1577	7 offense given by the State's Attorney.
1578	1578	8 (4) Admissibility of evidence. No part of the contents
1579	1579	9 of any wire, electronic, or oral communication that has
1580	1580	10 been recorded or intercepted as a result of this exception
1581	1581	11 may be received in evidence in any trial, hearing, or
1582	1582	12 other proceeding in or before any court, grand jury,
1583	1583	13 department, officer, agency, regulatory body, legislative
1584	1584	14 committee, or other authority of this State, or a
1585	1585	15 political subdivision of the State, other than in a
1586	1586	16 prosecution of:
1587	1587	17 (A) the qualified offense for which approval was
1588	1588	18 given to record or intercept a conversation under this
1589	1589	19 subsection (q);
1590	1590	20 (B) a forcible felony committed directly in the
1591	1591	21 course of the investigation of the qualified offense
1592	1592	22 for which approval was given to record or intercept a
1593	1593	23 conversation under this subsection (q); or
1594	1594	24 (C) any other forcible felony committed while the
1595	1595	25 recording or interception was approved in accordance
1596	1596	26 with this subsection (q), but for this specific
1597	1597
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602	HB4050 - 44 - LRB103 31718 AWJ 60299 b
1603	1603
1604	1604
1605	1605	HB4050- 45 -LRB103 31718 AWJ 60299 b HB4050 - 45 - LRB103 31718 AWJ 60299 b
1606	1606	HB4050 - 45 - LRB103 31718 AWJ 60299 b
1607	1607	1 category of prosecutions, only if the law enforcement
1608	1608	2 officer or person acting at the direction of a law
1609	1609	3 enforcement officer who has consented to the
1610	1610	4 conversation being intercepted or recorded suffers
1611	1611	5 great bodily injury or is killed during the commission
1612	1612	6 of the charged forcible felony.
1613	1613	7 (5) Compliance with the provisions of this subsection
1614	1614	8 is a prerequisite to the admissibility in evidence of any
1615	1615	9 part of the contents of any wire, electronic or oral
1616	1616	10 communication that has been intercepted as a result of
1617	1617	11 this exception, but nothing in this subsection shall be
1618	1618	12 deemed to prevent a court from otherwise excluding the
1619	1619	13 evidence on any other ground recognized by State or
1620	1620	14 federal law, nor shall anything in this subsection be
1621	1621	15 deemed to prevent a court from independently reviewing the
1622	1622	16 admissibility of the evidence for compliance with the
1623	1623	17 Fourth Amendment to the U.S. Constitution or with Article
1624	1624	18 I, Section 6 of the Illinois Constitution.
1625	1625	19 (6) Use of recordings or intercepts unrelated to
1626	1626	20 qualified offenses. Whenever any private conversation or
1627	1627	21 private electronic communication has been recorded or
1628	1628	22 intercepted as a result of this exception that is not
1629	1629	23 related to an offense for which the recording or intercept
1630	1630	24 is admissible under paragraph (4) of this subsection (q),
1631	1631	25 no part of the contents of the communication and evidence
1632	1632	26 derived from the communication may be received in evidence
1633	1633
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638	HB4050 - 45 - LRB103 31718 AWJ 60299 b
1639	1639
1640	1640
1641	1641	HB4050- 46 -LRB103 31718 AWJ 60299 b HB4050 - 46 - LRB103 31718 AWJ 60299 b
1642	1642	HB4050 - 46 - LRB103 31718 AWJ 60299 b
1643	1643	1 in any trial, hearing, or other proceeding in or before
1644	1644	2 any court, grand jury, department, officer, agency,
1645	1645	3 regulatory body, legislative committee, or other authority
1646	1646	4 of this State, or a political subdivision of the State,
1647	1647	5 nor may it be publicly disclosed in any way.
1648	1648	6 (6.5) The Illinois State Police shall adopt rules as
1649	1649	7 are necessary concerning the use of devices, retention of
1650	1650	8 recordings, and reports regarding their use under this
1651	1651	9 subsection (q).
1652	1652	10 (7) Definitions. For the purposes of this subsection
1653	1653	11 (q) only:
1654	1654	12 "Forcible felony" includes and is limited to those
1655	1655	13 offenses contained in Section 2-8 of the Criminal Code
1656	1656	14 of 1961 as of the effective date of this amendatory Act
1657	1657	15 of the 97th General Assembly, and only as those
1658	1658	16 offenses have been defined by law or judicial
1659	1659	17 interpretation as of that date.
1660	1660	18 "Qualified offense" means and is limited to:
1661	1661	19 (A) a felony violation of the Cannabis Control
1662	1662	20 Act, the Illinois Controlled Substances Act, or
1663	1663	21 the Methamphetamine Control and Community
1664	1664	22 Protection Act, except for violations of:
1665	1665	23 (i) Section 4 of the Cannabis Control Act;
1666	1666	24 (ii) Section 402 of the Illinois
1667	1667	25 Controlled Substances Act; and
1668	1668	26 (iii) Section 60 of the Methamphetamine
1669	1669
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674	HB4050 - 46 - LRB103 31718 AWJ 60299 b
1675	1675
1676	1676
1677	1677	HB4050- 47 -LRB103 31718 AWJ 60299 b HB4050 - 47 - LRB103 31718 AWJ 60299 b
1678	1678	HB4050 - 47 - LRB103 31718 AWJ 60299 b
1679	1679	1 Control and Community Protection Act; and
1680	1680	2 (B) first degree murder, solicitation of
1681	1681	3 murder for hire, predatory criminal sexual assault
1682	1682	4 of a child, criminal sexual assault, aggravated
1683	1683	5 criminal sexual assault, aggravated arson,
1684	1684	6 kidnapping, aggravated kidnapping, child
1685	1685	7 abduction, trafficking in persons, involuntary
1686	1686	8 servitude, involuntary sexual servitude of a
1687	1687	9 minor, or gunrunning.
1688	1688	10 "State's Attorney" includes and is limited to the
1689	1689	11 State's Attorney or an assistant State's Attorney
1690	1690	12 designated by the State's Attorney to provide verbal
1691	1691	13 approval to record or intercept conversations under
1692	1692	14 this subsection (q).
1693	1693	15 (8) Sunset. This subsection (q) is inoperative on and
1694	1694	16 after January 1, 2027. No conversations intercepted
1695	1695	17 pursuant to this subsection (q), while operative, shall be
1696	1696	18 inadmissible in a court of law by virtue of the
1697	1697	19 inoperability of this subsection (q) on January 1, 2027.
1698	1698	20 (9) Recordings, records, and custody. Any private
1699	1699	21 conversation or private electronic communication
1700	1700	22 intercepted by a law enforcement officer or a person
1701	1701	23 acting at the direction of law enforcement shall, if
1702	1702	24 practicable, be recorded in such a way as will protect the
1703	1703	25 recording from editing or other alteration. Any and all
1704	1704	26 original recordings made under this subsection (q) shall
1705	1705
1706	1706
1707	1707
1708	1708
1709	1709
1710	1710	HB4050 - 47 - LRB103 31718 AWJ 60299 b
1711	1711
1712	1712
1713	1713	HB4050- 48 -LRB103 31718 AWJ 60299 b HB4050 - 48 - LRB103 31718 AWJ 60299 b
1714	1714	HB4050 - 48 - LRB103 31718 AWJ 60299 b
1715	1715	1 be inventoried without unnecessary delay pursuant to the
1716	1716	2 law enforcement agency's policies for inventorying
1717	1717	3 evidence. The original recordings shall not be destroyed
1718	1718	4 except upon an order of a court of competent jurisdiction;
1719	1719	5 and
1720	1720	6 (r) Electronic recordings, including but not limited
1721	1721	7 to, motion picture, videotape, digital, or other visual or
1722	1722	8 audio recording, made of a lineup under Section 107A-2 of
1723	1723	9 the Code of Criminal Procedure of 1963; and .
1724	1724	10 (s) Recordings made pursuant to and in compliance with
1725	1725	11 the Law Enforcement Officer-Worn Body Camera Act.
1726	1726	12 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
1727	1727	13 102-918, eff. 5-27-22.)
1728	1728	14 (720 ILCS 5/31-4) (from Ch. 38, par. 31-4)
1729	1729	15 Sec. 31-4. Obstructing justice.
1730	1730	16 (a) A person obstructs justice when, with intent to
1731	1731	17 prevent the apprehension or obstruct the prosecution or
1732	1732	18 defense of any person, he or she knowingly commits any of the
1733	1733	19 following acts:
1734	1734	20 (1) destroys Destroys, alters, conceals or disguises
1735	1735	21 physical evidence, plants false evidence, furnishes false
1736	1736	22 information; or
1737	1737	23 (2) induces Induces a witness having knowledge
1738	1738	24 material to the subject at issue to leave the State or
1739	1739	25 conceal himself or herself; or
1740	1740
1741	1741
1742	1742
1743	1743
1744	1744
1745	1745	HB4050 - 48 - LRB103 31718 AWJ 60299 b
1746	1746
1747	1747
1748	1748	HB4050- 49 -LRB103 31718 AWJ 60299 b HB4050 - 49 - LRB103 31718 AWJ 60299 b
1749	1749	HB4050 - 49 - LRB103 31718 AWJ 60299 b
1750	1750	1 (3) possessing Possessing knowledge material to the
1751	1751	2 subject at issue, he or she leaves the State or conceals
1752	1752	3 himself; or
1753	1753	4 (4) if If a parent, legal guardian, or caretaker of a
1754	1754	5 child under 13 years of age reports materially false
1755	1755	6 information to a law enforcement agency, medical examiner,
1756	1756	7 coroner, State's Attorney, or other governmental agency
1757	1757	8 during an investigation of the disappearance or death of a
1758	1758	9 child under circumstances described in subsection (a) or
1759	1759	10 (b) of Section 10-10 of this Code; or .
1760	1760	11 (5) takes a body camera or any part of a body camera
1761	1761	12 from a person known to be a peace officer.
1762	1762	13 (b) Sentence.
1763	1763	14 (1) Obstructing justice is a Class 4 felony, except as
1764	1764	15 provided in paragraphs paragraph (2) and (3) of this
1765	1765	16 subsection (b).
1766	1766	17 (2) Obstructing justice in furtherance of streetgang
1767	1767	18 related or gang-related activity, as defined in Section 10
1768	1768	19 of the Illinois Streetgang Terrorism Omnibus Prevention
1769	1769	20 Act, is a Class 3 felony.
1770	1770	21 (3) A violation of paragraph (5) of subsection (a), if
1771	1771	22 the body camera or any part of the body camera is taken
1772	1772	23 from the peace officer during the commission of an offense
1773	1773	24 that has caused great bodily harm to the officer or
1774	1774	25 another person, is a Class 1 felony. Any other violation
1775	1775	26 of paragraph (5) of subsection (a) is a Class 2 felony.
1776	1776
1777	1777
1778	1778
1779	1779
1780	1780
1781	1781	HB4050 - 49 - LRB103 31718 AWJ 60299 b
1782	1782
1783	1783
1784	1784	HB4050- 50 -LRB103 31718 AWJ 60299 b HB4050 - 50 - LRB103 31718 AWJ 60299 b
1785	1785	HB4050 - 50 - LRB103 31718 AWJ 60299 b
1786	1786	1 (Source: P.A. 97-1079, eff. 1-1-13.)
1787	1787	HB4050- 51 -LRB103 31718 AWJ 60299 b 1 INDEX 2 Statutes amended in order of appearance HB4050- 51 -LRB103 31718 AWJ 60299 b HB4050 - 51 - LRB103 31718 AWJ 60299 b 1 INDEX 2 Statutes amended in order of appearance
1788	1788	HB4050- 51 -LRB103 31718 AWJ 60299 b HB4050 - 51 - LRB103 31718 AWJ 60299 b
1789	1789	HB4050 - 51 - LRB103 31718 AWJ 60299 b
1790	1790	1 INDEX
1791	1791	2 Statutes amended in order of appearance
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797	HB4050 - 50 - LRB103 31718 AWJ 60299 b
1798	1798
1799	1799
1800	1800
1801	1801	HB4050- 51 -LRB103 31718 AWJ 60299 b HB4050 - 51 - LRB103 31718 AWJ 60299 b
1802	1802	HB4050 - 51 - LRB103 31718 AWJ 60299 b
1803	1803	1 INDEX
1804	1804	2 Statutes amended in order of appearance
1805	1805
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810	HB4050 - 51 - LRB103 31718 AWJ 60299 b