103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3439 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately. LRB103 38058 AWJ 68190 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3439 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately. LRB103 38058 AWJ 68190 b LRB103 38058 AWJ 68190 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3439 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately. LRB103 38058 AWJ 68190 b LRB103 38058 AWJ 68190 b LRB103 38058 AWJ 68190 b A BILL FOR SB3439LRB103 38058 AWJ 68190 b SB3439 LRB103 38058 AWJ 68190 b SB3439 LRB103 38058 AWJ 68190 b 1 AN ACT concerning government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Freedom of Information Act is amended by 5 changing Section 7.5 as follows: 6 (5 ILCS 140/7.5) 7 (Text of Section before amendment by P.A. 103-472) 8 Sec. 7.5. Statutory exemptions. To the extent provided for 9 by the statutes referenced below, the following shall be 10 exempt from inspection and copying: 11 (a) All information determined to be confidential 12 under Section 4002 of the Technology Advancement and 13 Development Act. 14 (b) Library circulation and order records identifying 15 library users with specific materials under the Library 16 Records Confidentiality Act. 17 (c) Applications, related documents, and medical 18 records received by the Experimental Organ Transplantation 19 Procedures Board and any and all documents or other 20 records prepared by the Experimental Organ Transplantation 21 Procedures Board or its staff relating to applications it 22 has received. 23 (d) Information and records held by the Department of 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3439 Introduced 2/8/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement officer is "in uniform" only when primarily assigned to respond to law enforcement-related encounters or activities. Adds a definition for "no expectation of privacy". Provides that, on and after January 1, 2026, an officer no longer needs to provide notice of recording to a person that has a reasonable expectation of privacy. Provides that recordings made on officer-worn cameras must be retained by the law enforcement agency or by the camera vendor used by the agency on a recording medium for a minimum period of 90 days and no longer than 2 years unless flagged (rather than for a period of 90 days). In provisions relating to exceptions to destruction of camera recordings if a recording has been flagged, provides that an encounter is deemed to be flagged when a formal investigation or informal inquiry has commenced (rather than a formal or informal complaint has been filed). Modifies when recordings may be used to discipline law enforcement officers. Provides that recordings are only subject to disclosure under the Freedom of Information Act when a recording is flagged due to the filing of a complaint, discharge of a firearm, use of force, arrest or detention, or resulting death or bodily harm and the subject of the encounter has a reasonable expectation of privacy at the time of the recording (removing other exceptions). Provides that only the subject of the recording or the subject's legal representative may obtain the portion of the recording containing the subject if they provide written authorization to release the video. Makes other changes. Amends the Law Enforcement Camera Grant Act. Provides that grant funds may be used for the entire costs of the officer-worn body camera program and contract, including hardware, video management, software and licenses, accessories, storage, maintenance costs warranty, training, charging docks and data transfer devices and systems, and mobile data costs. Removes a requirement to include criminal and other violations and civil proceedings in which the cameras were used in reports that must be provided by a law enforcement agency receiving a grant for in-car video cameras or for officer-worn body cameras. Amends the Criminal Code of 2012 and Freedom of Information Act making conforming changes. Effective immediately. LRB103 38058 AWJ 68190 b LRB103 38058 AWJ 68190 b LRB103 38058 AWJ 68190 b A BILL FOR See Index LRB103 38058 AWJ 68190 b SB3439 LRB103 38058 AWJ 68190 b SB3439- 2 -LRB103 38058 AWJ 68190 b SB3439 - 2 - LRB103 38058 AWJ 68190 b SB3439 - 2 - LRB103 38058 AWJ 68190 b 1 Public Health and its authorized representatives relating 2 to known or suspected cases of sexually transmissible 3 disease or any information the disclosure of which is 4 restricted under the Illinois Sexually Transmissible 5 Disease Control Act. 6 (e) Information the disclosure of which is exempted 7 under Section 30 of the Radon Industry Licensing Act. 8 (f) Firm performance evaluations under Section 55 of 9 the Architectural, Engineering, and Land Surveying 10 Qualifications Based Selection Act. 11 (g) Information the disclosure of which is restricted 12 and exempted under Section 50 of the Illinois Prepaid 13 Tuition Act. 14 (h) Information the disclosure of which is exempted 15 under the State Officials and Employees Ethics Act, and 16 records of any lawfully created State or local inspector 17 general's office that would be exempt if created or 18 obtained by an Executive Inspector General's office under 19 that Act. 20 (i) Information contained in a local emergency energy 21 plan submitted to a municipality in accordance with a 22 local emergency energy plan ordinance that is adopted 23 under Section 11-21.5-5 of the Illinois Municipal Code. 24 (j) Information and data concerning the distribution 25 of surcharge moneys collected and remitted by carriers 26 under the Emergency Telephone System Act. SB3439 - 2 - LRB103 38058 AWJ 68190 b SB3439- 3 -LRB103 38058 AWJ 68190 b SB3439 - 3 - LRB103 38058 AWJ 68190 b SB3439 - 3 - LRB103 38058 AWJ 68190 b 1 (k) Law enforcement officer identification information 2 or driver identification information compiled by a law 3 enforcement agency or the Department of Transportation 4 under Section 11-212 of the Illinois Vehicle Code. 5 (l) Records and information provided to a residential 6 health care facility resident sexual assault and death 7 review team or the Executive Council under the Abuse 8 Prevention Review Team Act. 9 (m) Information provided to the predatory lending 10 database created pursuant to Article 3 of the Residential 11 Real Property Disclosure Act, except to the extent 12 authorized under that Article. 13 (n) Defense budgets and petitions for certification of 14 compensation and expenses for court appointed trial 15 counsel as provided under Sections 10 and 15 of the 16 Capital Crimes Litigation Act (repealed). This subsection 17 (n) shall apply until the conclusion of the trial of the 18 case, even if the prosecution chooses not to pursue the 19 death penalty prior to trial or sentencing. 20 (o) Information that is prohibited from being 21 disclosed under Section 4 of the Illinois Health and 22 Hazardous Substances Registry Act. 23 (p) Security portions of system safety program plans, 24 investigation reports, surveys, schedules, lists, data, or 25 information compiled, collected, or prepared by or for the 26 Department of Transportation under Sections 2705-300 and SB3439 - 3 - LRB103 38058 AWJ 68190 b SB3439- 4 -LRB103 38058 AWJ 68190 b SB3439 - 4 - LRB103 38058 AWJ 68190 b SB3439 - 4 - LRB103 38058 AWJ 68190 b 1 2705-616 of the Department of Transportation Law of the 2 Civil Administrative Code of Illinois, the Regional 3 Transportation Authority under Section 2.11 of the 4 Regional Transportation Authority Act, or the St. Clair 5 County Transit District under the Bi-State Transit Safety 6 Act (repealed). 7 (q) Information prohibited from being disclosed by the 8 Personnel Record Review Act. 9 (r) Information prohibited from being disclosed by the 10 Illinois School Student Records Act. 11 (s) Information the disclosure of which is restricted 12 under Section 5-108 of the Public Utilities Act. 13 (t) (Blank). 14 (u) Records and information provided to an independent 15 team of experts under the Developmental Disability and 16 Mental Health Safety Act (also known as Brian's Law). 17 (v) Names and information of people who have applied 18 for or received Firearm Owner's Identification Cards under 19 the Firearm Owners Identification Card Act or applied for 20 or received a concealed carry license under the Firearm 21 Concealed Carry Act, unless otherwise authorized by the 22 Firearm Concealed Carry Act; and databases under the 23 Firearm Concealed Carry Act, records of the Concealed 24 Carry Licensing Review Board under the Firearm Concealed 25 Carry Act, and law enforcement agency objections under the 26 Firearm Concealed Carry Act. SB3439 - 4 - LRB103 38058 AWJ 68190 b SB3439- 5 -LRB103 38058 AWJ 68190 b SB3439 - 5 - LRB103 38058 AWJ 68190 b SB3439 - 5 - LRB103 38058 AWJ 68190 b 1 (v-5) Records of the Firearm Owner's Identification 2 Card Review Board that are exempted from disclosure under 3 Section 10 of the Firearm Owners Identification Card Act. 4 (w) Personally identifiable information which is 5 exempted from disclosure under subsection (g) of Section 6 19.1 of the Toll Highway Act. 7 (x) Information which is exempted from disclosure 8 under Section 5-1014.3 of the Counties Code or Section 9 8-11-21 of the Illinois Municipal Code. 10 (y) Confidential information under the Adult 11 Protective Services Act and its predecessor enabling 12 statute, the Elder Abuse and Neglect Act, including 13 information about the identity and administrative finding 14 against any caregiver of a verified and substantiated 15 decision of abuse, neglect, or financial exploitation of 16 an eligible adult maintained in the Registry established 17 under Section 7.5 of the Adult Protective Services Act. 18 (z) Records and information provided to a fatality 19 review team or the Illinois Fatality Review Team Advisory 20 Council under Section 15 of the Adult Protective Services 21 Act. 22 (aa) Information which is exempted from disclosure 23 under Section 2.37 of the Wildlife Code. 24 (bb) Information which is or was prohibited from 25 disclosure by the Juvenile Court Act of 1987. 26 (cc) Recordings or portions of recordings made under SB3439 - 5 - LRB103 38058 AWJ 68190 b SB3439- 6 -LRB103 38058 AWJ 68190 b SB3439 - 6 - LRB103 38058 AWJ 68190 b SB3439 - 6 - LRB103 38058 AWJ 68190 b 1 the Law Enforcement Officer-Worn Body Camera Act, except 2 to the extent authorized under that Act. 3 (dd) Information that is prohibited from being 4 disclosed under Section 45 of the Condominium and Common 5 Interest Community Ombudsperson Act. 6 (ee) Information that is exempted from disclosure 7 under Section 30.1 of the Pharmacy Practice Act. 8 (ff) Information that is exempted from disclosure 9 under the Revised Uniform Unclaimed Property Act. 10 (gg) Information that is prohibited from being 11 disclosed under Section 7-603.5 of the Illinois Vehicle 12 Code. 13 (hh) Records that are exempt from disclosure under 14 Section 1A-16.7 of the Election Code. 15 (ii) Information which is exempted from disclosure 16 under Section 2505-800 of the Department of Revenue Law of 17 the Civil Administrative Code of Illinois. 18 (jj) Information and reports that are required to be 19 submitted to the Department of Labor by registering day 20 and temporary labor service agencies but are exempt from 21 disclosure under subsection (a-1) of Section 45 of the Day 22 and Temporary Labor Services Act. 23 (kk) Information prohibited from disclosure under the 24 Seizure and Forfeiture Reporting Act. 25 (ll) Information the disclosure of which is restricted 26 and exempted under Section 5-30.8 of the Illinois Public SB3439 - 6 - LRB103 38058 AWJ 68190 b SB3439- 7 -LRB103 38058 AWJ 68190 b SB3439 - 7 - LRB103 38058 AWJ 68190 b SB3439 - 7 - LRB103 38058 AWJ 68190 b 1 Aid Code. 2 (mm) Records that are exempt from disclosure under 3 Section 4.2 of the Crime Victims Compensation Act. 4 (nn) Information that is exempt from disclosure under 5 Section 70 of the Higher Education Student Assistance Act. 6 (oo) Communications, notes, records, and reports 7 arising out of a peer support counseling session 8 prohibited from disclosure under the First Responders 9 Suicide Prevention Act. 10 (pp) Names and all identifying information relating to 11 an employee of an emergency services provider or law 12 enforcement agency under the First Responders Suicide 13 Prevention Act. 14 (qq) Information and records held by the Department of 15 Public Health and its authorized representatives collected 16 under the Reproductive Health Act. 17 (rr) Information that is exempt from disclosure under 18 the Cannabis Regulation and Tax Act. 19 (ss) Data reported by an employer to the Department of 20 Human Rights pursuant to Section 2-108 of the Illinois 21 Human Rights Act. 22 (tt) Recordings made under the Children's Advocacy 23 Center Act, except to the extent authorized under that 24 Act. 25 (uu) Information that is exempt from disclosure under 26 Section 50 of the Sexual Assault Evidence Submission Act. SB3439 - 7 - LRB103 38058 AWJ 68190 b SB3439- 8 -LRB103 38058 AWJ 68190 b SB3439 - 8 - LRB103 38058 AWJ 68190 b SB3439 - 8 - LRB103 38058 AWJ 68190 b 1 (vv) Information that is exempt from disclosure under 2 subsections (f) and (j) of Section 5-36 of the Illinois 3 Public Aid Code. 4 (ww) Information that is exempt from disclosure under 5 Section 16.8 of the State Treasurer Act. 6 (xx) Information that is exempt from disclosure or 7 information that shall not be made public under the 8 Illinois Insurance Code. 9 (yy) Information prohibited from being disclosed under 10 the Illinois Educational Labor Relations Act. 11 (zz) Information prohibited from being disclosed under 12 the Illinois Public Labor Relations Act. 13 (aaa) Information prohibited from being disclosed 14 under Section 1-167 of the Illinois Pension Code. 15 (bbb) Information that is prohibited from disclosure 16 by the Illinois Police Training Act and the Illinois State 17 Police Act. 18 (ccc) Records exempt from disclosure under Section 19 2605-304 of the Illinois State Police Law of the Civil 20 Administrative Code of Illinois. 21 (ddd) Information prohibited from being disclosed 22 under Section 35 of the Address Confidentiality for 23 Victims of Domestic Violence, Sexual Assault, Human 24 Trafficking, or Stalking Act. 25 (eee) Information prohibited from being disclosed 26 under subsection (b) of Section 75 of the Domestic SB3439 - 8 - LRB103 38058 AWJ 68190 b SB3439- 9 -LRB103 38058 AWJ 68190 b SB3439 - 9 - LRB103 38058 AWJ 68190 b SB3439 - 9 - LRB103 38058 AWJ 68190 b 1 Violence Fatality Review Act. 2 (fff) Images from cameras under the Expressway Camera 3 Act. This subsection (fff) is inoperative on and after 4 July 1, 2025. 5 (ggg) Information prohibited from disclosure under 6 paragraph (3) of subsection (a) of Section 14 of the Nurse 7 Agency Licensing Act. 8 (hhh) Information submitted to the Illinois State 9 Police in an affidavit or application for an assault 10 weapon endorsement, assault weapon attachment endorsement, 11 .50 caliber rifle endorsement, or .50 caliber cartridge 12 endorsement under the Firearm Owners Identification Card 13 Act. 14 (iii) Data exempt from disclosure under Section 50 of 15 the School Safety Drill Act. 16 (jjj) (hhh) Information exempt from disclosure under 17 Section 30 of the Insurance Data Security Law. 18 (kkk) (iii) Confidential business information 19 prohibited from disclosure under Section 45 of the Paint 20 Stewardship Act. 21 (lll) (Reserved). 22 (mmm) (iii) Information prohibited from being 23 disclosed under subsection (e) of Section 1-129 of the 24 Illinois Power Agency Act. 25 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 26 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. SB3439 - 9 - LRB103 38058 AWJ 68190 b SB3439- 10 -LRB103 38058 AWJ 68190 b SB3439 - 10 - LRB103 38058 AWJ 68190 b SB3439 - 10 - LRB103 38058 AWJ 68190 b 1 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 2 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 3 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 4 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 5 revised 1-2-24.) 6 (Text of Section after amendment by P.A. 103-472) 7 Sec. 7.5. Statutory exemptions. To the extent provided for 8 by the statutes referenced below, the following shall be 9 exempt from inspection and copying: 10 (a) All information determined to be confidential 11 under Section 4002 of the Technology Advancement and 12 Development Act. 13 (b) Library circulation and order records identifying 14 library users with specific materials under the Library 15 Records Confidentiality Act. 16 (c) Applications, related documents, and medical 17 records received by the Experimental Organ Transplantation 18 Procedures Board and any and all documents or other 19 records prepared by the Experimental Organ Transplantation 20 Procedures Board or its staff relating to applications it 21 has received. 22 (d) Information and records held by the Department of 23 Public Health and its authorized representatives relating 24 to known or suspected cases of sexually transmissible 25 disease or any information the disclosure of which is SB3439 - 10 - LRB103 38058 AWJ 68190 b SB3439- 11 -LRB103 38058 AWJ 68190 b SB3439 - 11 - LRB103 38058 AWJ 68190 b SB3439 - 11 - LRB103 38058 AWJ 68190 b 1 restricted under the Illinois Sexually Transmissible 2 Disease Control Act. 3 (e) Information the disclosure of which is exempted 4 under Section 30 of the Radon Industry Licensing Act. 5 (f) Firm performance evaluations under Section 55 of 6 the Architectural, Engineering, and Land Surveying 7 Qualifications Based Selection Act. 8 (g) Information the disclosure of which is restricted 9 and exempted under Section 50 of the Illinois Prepaid 10 Tuition Act. 11 (h) Information the disclosure of which is exempted 12 under the State Officials and Employees Ethics Act, and 13 records of any lawfully created State or local inspector 14 general's office that would be exempt if created or 15 obtained by an Executive Inspector General's office under 16 that Act. 17 (i) Information contained in a local emergency energy 18 plan submitted to a municipality in accordance with a 19 local emergency energy plan ordinance that is adopted 20 under Section 11-21.5-5 of the Illinois Municipal Code. 21 (j) Information and data concerning the distribution 22 of surcharge moneys collected and remitted by carriers 23 under the Emergency Telephone System Act. 24 (k) Law enforcement officer identification information 25 or driver identification information compiled by a law 26 enforcement agency or the Department of Transportation SB3439 - 11 - LRB103 38058 AWJ 68190 b SB3439- 12 -LRB103 38058 AWJ 68190 b SB3439 - 12 - LRB103 38058 AWJ 68190 b SB3439 - 12 - LRB103 38058 AWJ 68190 b 1 under Section 11-212 of the Illinois Vehicle Code. 2 (l) Records and information provided to a residential 3 health care facility resident sexual assault and death 4 review team or the Executive Council under the Abuse 5 Prevention Review Team Act. 6 (m) Information provided to the predatory lending 7 database created pursuant to Article 3 of the Residential 8 Real Property Disclosure Act, except to the extent 9 authorized under that Article. 10 (n) Defense budgets and petitions for certification of 11 compensation and expenses for court appointed trial 12 counsel as provided under Sections 10 and 15 of the 13 Capital Crimes Litigation Act (repealed). This subsection 14 (n) shall apply until the conclusion of the trial of the 15 case, even if the prosecution chooses not to pursue the 16 death penalty prior to trial or sentencing. 17 (o) Information that is prohibited from being 18 disclosed under Section 4 of the Illinois Health and 19 Hazardous Substances Registry Act. 20 (p) Security portions of system safety program plans, 21 investigation reports, surveys, schedules, lists, data, or 22 information compiled, collected, or prepared by or for the 23 Department of Transportation under Sections 2705-300 and 24 2705-616 of the Department of Transportation Law of the 25 Civil Administrative Code of Illinois, the Regional 26 Transportation Authority under Section 2.11 of the SB3439 - 12 - LRB103 38058 AWJ 68190 b SB3439- 13 -LRB103 38058 AWJ 68190 b SB3439 - 13 - LRB103 38058 AWJ 68190 b SB3439 - 13 - LRB103 38058 AWJ 68190 b 1 Regional Transportation Authority Act, or the St. Clair 2 County Transit District under the Bi-State Transit Safety 3 Act (repealed). 4 (q) Information prohibited from being disclosed by the 5 Personnel Record Review Act. 6 (r) Information prohibited from being disclosed by the 7 Illinois School Student Records Act. 8 (s) Information the disclosure of which is restricted 9 under Section 5-108 of the Public Utilities Act. 10 (t) (Blank). 11 (u) Records and information provided to an independent 12 team of experts under the Developmental Disability and 13 Mental Health Safety Act (also known as Brian's Law). 14 (v) Names and information of people who have applied 15 for or received Firearm Owner's Identification Cards under 16 the Firearm Owners Identification Card Act or applied for 17 or received a concealed carry license under the Firearm 18 Concealed Carry Act, unless otherwise authorized by the 19 Firearm Concealed Carry Act; and databases under the 20 Firearm Concealed Carry Act, records of the Concealed 21 Carry Licensing Review Board under the Firearm Concealed 22 Carry Act, and law enforcement agency objections under the 23 Firearm Concealed Carry Act. 24 (v-5) Records of the Firearm Owner's Identification 25 Card Review Board that are exempted from disclosure under 26 Section 10 of the Firearm Owners Identification Card Act. SB3439 - 13 - LRB103 38058 AWJ 68190 b SB3439- 14 -LRB103 38058 AWJ 68190 b SB3439 - 14 - LRB103 38058 AWJ 68190 b SB3439 - 14 - LRB103 38058 AWJ 68190 b 1 (w) Personally identifiable information which is 2 exempted from disclosure under subsection (g) of Section 3 19.1 of the Toll Highway Act. 4 (x) Information which is exempted from disclosure 5 under Section 5-1014.3 of the Counties Code or Section 6 8-11-21 of the Illinois Municipal Code. 7 (y) Confidential information under the Adult 8 Protective Services Act and its predecessor enabling 9 statute, the Elder Abuse and Neglect Act, including 10 information about the identity and administrative finding 11 against any caregiver of a verified and substantiated 12 decision of abuse, neglect, or financial exploitation of 13 an eligible adult maintained in the Registry established 14 under Section 7.5 of the Adult Protective Services Act. 15 (z) Records and information provided to a fatality 16 review team or the Illinois Fatality Review Team Advisory 17 Council under Section 15 of the Adult Protective Services 18 Act. 19 (aa) Information which is exempted from disclosure 20 under Section 2.37 of the Wildlife Code. 21 (bb) Information which is or was prohibited from 22 disclosure by the Juvenile Court Act of 1987. 23 (cc) Recordings or portions of recordings made under 24 the Law Enforcement Officer-Worn Body Camera Act, except 25 to the extent authorized under that Act. 26 (dd) Information that is prohibited from being SB3439 - 14 - LRB103 38058 AWJ 68190 b SB3439- 15 -LRB103 38058 AWJ 68190 b SB3439 - 15 - LRB103 38058 AWJ 68190 b SB3439 - 15 - LRB103 38058 AWJ 68190 b 1 disclosed under Section 45 of the Condominium and Common 2 Interest Community Ombudsperson Act. 3 (ee) Information that is exempted from disclosure 4 under Section 30.1 of the Pharmacy Practice Act. 5 (ff) Information that is exempted from disclosure 6 under the Revised Uniform Unclaimed Property Act. 7 (gg) Information that is prohibited from being 8 disclosed under Section 7-603.5 of the Illinois Vehicle 9 Code. 10 (hh) Records that are exempt from disclosure under 11 Section 1A-16.7 of the Election Code. 12 (ii) Information which is exempted from disclosure 13 under Section 2505-800 of the Department of Revenue Law of 14 the Civil Administrative Code of Illinois. 15 (jj) Information and reports that are required to be 16 submitted to the Department of Labor by registering day 17 and temporary labor service agencies but are exempt from 18 disclosure under subsection (a-1) of Section 45 of the Day 19 and Temporary Labor Services Act. 20 (kk) Information prohibited from disclosure under the 21 Seizure and Forfeiture Reporting Act. 22 (ll) Information the disclosure of which is restricted 23 and exempted under Section 5-30.8 of the Illinois Public 24 Aid Code. 25 (mm) Records that are exempt from disclosure under 26 Section 4.2 of the Crime Victims Compensation Act. SB3439 - 15 - LRB103 38058 AWJ 68190 b SB3439- 16 -LRB103 38058 AWJ 68190 b SB3439 - 16 - LRB103 38058 AWJ 68190 b SB3439 - 16 - LRB103 38058 AWJ 68190 b 1 (nn) Information that is exempt from disclosure under 2 Section 70 of the Higher Education Student Assistance Act. 3 (oo) Communications, notes, records, and reports 4 arising out of a peer support counseling session 5 prohibited from disclosure under the First Responders 6 Suicide Prevention Act. 7 (pp) Names and all identifying information relating to 8 an employee of an emergency services provider or law 9 enforcement agency under the First Responders Suicide 10 Prevention Act. 11 (qq) Information and records held by the Department of 12 Public Health and its authorized representatives collected 13 under the Reproductive Health Act. 14 (rr) Information that is exempt from disclosure under 15 the Cannabis Regulation and Tax Act. 16 (ss) Data reported by an employer to the Department of 17 Human Rights pursuant to Section 2-108 of the Illinois 18 Human Rights Act. 19 (tt) Recordings made under the Children's Advocacy 20 Center Act, except to the extent authorized under that 21 Act. 22 (uu) Information that is exempt from disclosure under 23 Section 50 of the Sexual Assault Evidence Submission Act. 24 (vv) Information that is exempt from disclosure under 25 subsections (f) and (j) of Section 5-36 of the Illinois 26 Public Aid Code. SB3439 - 16 - LRB103 38058 AWJ 68190 b SB3439- 17 -LRB103 38058 AWJ 68190 b SB3439 - 17 - LRB103 38058 AWJ 68190 b SB3439 - 17 - LRB103 38058 AWJ 68190 b 1 (ww) Information that is exempt from disclosure under 2 Section 16.8 of the State Treasurer Act. 3 (xx) Information that is exempt from disclosure or 4 information that shall not be made public under the 5 Illinois Insurance Code. 6 (yy) Information prohibited from being disclosed under 7 the Illinois Educational Labor Relations Act. 8 (zz) Information prohibited from being disclosed under 9 the Illinois Public Labor Relations Act. 10 (aaa) Information prohibited from being disclosed 11 under Section 1-167 of the Illinois Pension Code. 12 (bbb) Information that is prohibited from disclosure 13 by the Illinois Police Training Act and the Illinois State 14 Police Act. 15 (ccc) Records exempt from disclosure under Section 16 2605-304 of the Illinois State Police Law of the Civil 17 Administrative Code of Illinois. 18 (ddd) Information prohibited from being disclosed 19 under Section 35 of the Address Confidentiality for 20 Victims of Domestic Violence, Sexual Assault, Human 21 Trafficking, or Stalking Act. 22 (eee) Information prohibited from being disclosed 23 under subsection (b) of Section 75 of the Domestic 24 Violence Fatality Review Act. 25 (fff) Images from cameras under the Expressway Camera 26 Act. This subsection (fff) is inoperative on and after SB3439 - 17 - LRB103 38058 AWJ 68190 b SB3439- 18 -LRB103 38058 AWJ 68190 b SB3439 - 18 - LRB103 38058 AWJ 68190 b SB3439 - 18 - LRB103 38058 AWJ 68190 b 1 July 1, 2025. 2 (ggg) Information prohibited from disclosure under 3 paragraph (3) of subsection (a) of Section 14 of the Nurse 4 Agency Licensing Act. 5 (hhh) Information submitted to the Illinois State 6 Police in an affidavit or application for an assault 7 weapon endorsement, assault weapon attachment endorsement, 8 .50 caliber rifle endorsement, or .50 caliber cartridge 9 endorsement under the Firearm Owners Identification Card 10 Act. 11 (iii) Data exempt from disclosure under Section 50 of 12 the School Safety Drill Act. 13 (jjj) (hhh) Information exempt from disclosure under 14 Section 30 of the Insurance Data Security Law. 15 (kkk) (iii) Confidential business information 16 prohibited from disclosure under Section 45 of the Paint 17 Stewardship Act. 18 (lll) (iii) Data exempt from disclosure under Section 19 2-3.196 of the School Code. 20 (mmm) (iii) Information prohibited from being 21 disclosed under subsection (e) of Section 1-129 of the 22 Illinois Power Agency Act. 23 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 24 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 25 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 26 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. SB3439 - 18 - LRB103 38058 AWJ 68190 b SB3439- 19 -LRB103 38058 AWJ 68190 b SB3439 - 19 - LRB103 38058 AWJ 68190 b SB3439 - 19 - LRB103 38058 AWJ 68190 b 1 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 2 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 3 103-580, eff. 12-8-23; revised 1-2-24.) 4 Section 10. The Law Enforcement Officer-Worn Body Camera 5 Act is amended by changing Sections 10-10 and 10-20 as 6 follows: 7 (50 ILCS 706/10-10) 8 Sec. 10-10. Definitions. As used in this Act: 9 "Badge" means an officer's department issued 10 identification number associated with his or her position as a 11 police officer with that department. 12 "Board" means the Illinois Law Enforcement Training 13 Standards Board created by the Illinois Police Training Act. 14 "Business offense" means a petty offense for which the 15 fine is in excess of $1,000. 16 "Community caretaking function" means a task undertaken by 17 a law enforcement officer in which the officer is performing 18 an articulable act unrelated to the investigation of a crime. 19 "Community caretaking function" includes, but is not limited 20 to, participating in town halls or other community outreach, 21 helping a child find his or her parents, providing death 22 notifications, and performing in-home or hospital well-being 23 checks on the sick, elderly, or persons presumed missing. 24 "Community caretaking function" excludes law SB3439 - 19 - LRB103 38058 AWJ 68190 b SB3439- 20 -LRB103 38058 AWJ 68190 b SB3439 - 20 - LRB103 38058 AWJ 68190 b SB3439 - 20 - LRB103 38058 AWJ 68190 b 1 enforcement-related encounters or activities. 2 "Fund" means the Law Enforcement Camera Grant Fund. 3 "In uniform" means a law enforcement officer who is 4 wearing any officially authorized uniform designated by a law 5 enforcement agency, or a law enforcement officer who is 6 visibly wearing articles of clothing, a badge, tactical gear, 7 gun belt, a patch, or other insignia that he or she is a law 8 enforcement officer acting in the course of his or her duties. 9 A law enforcement officer is "in uniform" only when primarily 10 assigned to respond to law enforcement-related encounters or 11 activities and is not "in uniform" when primarily assigned to 12 other law enforcement duties that are not law 13 enforcement-related encounters or activities. 14 "Law enforcement officer" or "officer" means any person 15 employed by a State, county, municipality, special district, 16 college, unit of government, or any other entity authorized by 17 law to employ peace officers or exercise police authority and 18 who is primarily responsible for the prevention or detection 19 of crime and the enforcement of the laws of this State. 20 "Law enforcement agency" means all State agencies with law 21 enforcement officers, county sheriff's offices, municipal, 22 special district, college, or unit of local government police 23 departments. 24 "Law enforcement-related encounters or activities" 25 include, but are not limited to, traffic stops, pedestrian 26 stops, arrests, searches, interrogations, investigations, SB3439 - 20 - LRB103 38058 AWJ 68190 b SB3439- 21 -LRB103 38058 AWJ 68190 b SB3439 - 21 - LRB103 38058 AWJ 68190 b SB3439 - 21 - LRB103 38058 AWJ 68190 b 1 pursuits, crowd control, traffic control, non-community 2 caretaking interactions with an individual while on patrol, or 3 any other instance in which the officer is enforcing the laws 4 of the municipality, county, or State. "Law 5 enforcement-related encounter or activities" does not include 6 when the officer is completing paperwork alone, is 7 participating in training in a classroom setting, or is only 8 in the presence of another law enforcement officer. 9 "Minor traffic offense" means a petty offense, business 10 offense, or Class C misdemeanor under the Illinois Vehicle 11 Code or a similar provision of a municipal or local ordinance. 12 "No expectation of privacy" means when a person is in a 13 publicly accessible area or when a person is engaging with law 14 enforcement officers during the scope of an officer's official 15 duties, even when the engagement is in a nonpublic area, 16 including in a private residence when officers are lawfully 17 present in the residence during the course of official duties. 18 "Officer-worn body camera" means an electronic camera 19 system for creating, generating, sending, receiving, storing, 20 displaying, and processing audiovisual recordings that may be 21 worn about the person of a law enforcement officer. 22 "Peace officer" has the meaning provided in Section 2-13 23 of the Criminal Code of 2012. 24 "Petty offense" means any offense for which a sentence of 25 imprisonment is not an authorized disposition. 26 "Recording" means the process of capturing data or SB3439 - 21 - LRB103 38058 AWJ 68190 b SB3439- 22 -LRB103 38058 AWJ 68190 b SB3439 - 22 - LRB103 38058 AWJ 68190 b SB3439 - 22 - LRB103 38058 AWJ 68190 b 1 information stored on a recording medium as required under 2 this Act. 3 "Recording medium" means any recording medium authorized 4 by the Board for the retention and playback of recorded audio 5 and video including, but not limited to, VHS, DVD, hard drive, 6 cloud storage, solid state, digital, flash memory technology, 7 or any other electronic medium. 8 (Source: P.A. 102-1104, eff. 12-6-22.) 9 (50 ILCS 706/10-20) 10 Sec. 10-20. Requirements. 11 (a) The Board shall develop basic guidelines for the use 12 of officer-worn body cameras by law enforcement agencies. The 13 guidelines developed by the Board shall be the basis for the 14 written policy which must be adopted by each law enforcement 15 agency which employs the use of officer-worn body cameras. The 16 written policy adopted by the law enforcement agency must 17 include, at a minimum, all of the following: 18 (1) Cameras must be equipped with pre-event recording, 19 capable of recording at least the 30 seconds prior to 20 camera activation, unless the officer-worn body camera was 21 purchased and acquired by the law enforcement agency prior 22 to July 1, 2015. 23 (2) Cameras must be capable of recording for a period 24 of 10 hours or more, unless the officer-worn body camera 25 was purchased and acquired by the law enforcement agency SB3439 - 22 - LRB103 38058 AWJ 68190 b SB3439- 23 -LRB103 38058 AWJ 68190 b SB3439 - 23 - LRB103 38058 AWJ 68190 b SB3439 - 23 - LRB103 38058 AWJ 68190 b 1 prior to July 1, 2015. 2 (3) Cameras must be turned on at all times when the 3 officer is in uniform and is responding to calls for 4 service or engaged in any law enforcement-related 5 encounter or activity that occurs while the officer is on 6 duty. 7 (A) If exigent circumstances exist which prevent 8 the camera from being turned on, the camera must be 9 turned on as soon as practicable. 10 (B) Officer-worn body cameras may be turned off 11 when the officer is inside of a patrol car which is 12 equipped with a functioning in-car camera; however, 13 the officer must turn on the camera upon exiting the 14 patrol vehicle for law enforcement-related encounters. 15 (C) Officer-worn body cameras may be turned off 16 when the officer is inside a correctional facility or 17 courthouse which is equipped with a functioning camera 18 system. 19 (4) Cameras must be turned off when: 20 (A) the victim of a crime requests that the camera 21 be turned off, and unless impractical or impossible, 22 that request is made on the recording; 23 (B) a witness of a crime or a community member who 24 wishes to report a crime requests that the camera be 25 turned off, and unless impractical or impossible that 26 request is made on the recording; SB3439 - 23 - LRB103 38058 AWJ 68190 b SB3439- 24 -LRB103 38058 AWJ 68190 b SB3439 - 24 - LRB103 38058 AWJ 68190 b SB3439 - 24 - LRB103 38058 AWJ 68190 b 1 (C) the officer is interacting with a confidential 2 informant used by the law enforcement agency; or 3 (D) an officer of the Department of Revenue enters 4 a Department of Revenue facility or conducts an 5 interview during which return information will be 6 discussed or visible. 7 However, an officer may continue to record or resume 8 recording a victim or a witness, if exigent circumstances 9 exist, or if the officer has reasonable articulable 10 suspicion that a victim or witness, or confidential 11 informant has committed or is in the process of committing 12 a crime. Under these circumstances, and unless impractical 13 or impossible, the officer must indicate on the recording 14 the reason for continuing to record despite the request of 15 the victim or witness. 16 (4.5) Cameras may be turned off when the officer is 17 engaged in community caretaking functions. However, the 18 camera must be turned on when the officer has reason to 19 believe that the person on whose behalf the officer is 20 performing a community caretaking function has committed 21 or is in the process of committing a crime. If exigent 22 circumstances exist which prevent the camera from being 23 turned on, the camera must be turned on as soon as 24 practicable. 25 (5) Before January 1, 2026, an The officer must 26 provide notice of recording to any person if the person SB3439 - 24 - LRB103 38058 AWJ 68190 b SB3439- 25 -LRB103 38058 AWJ 68190 b SB3439 - 25 - LRB103 38058 AWJ 68190 b SB3439 - 25 - LRB103 38058 AWJ 68190 b 1 has a reasonable expectation of privacy. Proof and proof 2 of notice must be evident in the recording. If exigent 3 circumstances exist which prevent the officer from 4 providing notice, notice must be provided as soon as 5 practicable. 6 (6) (A) For the purposes of redaction or duplicating 7 recordings, access to camera recordings shall be 8 restricted to only those personnel responsible for those 9 purposes. The recording officer or his or her supervisor 10 may not redact, duplicate, or otherwise alter the 11 recording officer's camera recordings. Except as otherwise 12 provided in this Section, the recording officer and his or 13 her supervisor may access and review recordings prior to 14 completing incident reports or other documentation, 15 provided that the supervisor discloses that fact in the 16 report or documentation. 17 (i) A law enforcement officer shall not have 18 access to or review his or her body-worn camera 19 recordings or the body-worn camera recordings of 20 another officer prior to completing incident reports 21 or other documentation when the officer: 22 (a) has been involved in or is a witness to an 23 officer-involved shooting, use of deadly force 24 incident, or use of force incidents resulting in 25 great bodily harm; 26 (b) is ordered to write a report in response SB3439 - 25 - LRB103 38058 AWJ 68190 b SB3439- 26 -LRB103 38058 AWJ 68190 b SB3439 - 26 - LRB103 38058 AWJ 68190 b SB3439 - 26 - LRB103 38058 AWJ 68190 b 1 to or during the investigation of a misconduct 2 complaint against the officer. 3 (ii) If the officer subject to subparagraph (i) 4 prepares a report, any report shall be prepared 5 without viewing body-worn camera recordings, and 6 subject to supervisor's approval, officers may file 7 amendatory reports after viewing body-worn camera 8 recordings. Supplemental reports under this provision 9 shall also contain documentation regarding access to 10 the video footage. 11 (B) The recording officer's assigned field 12 training officer may access and review recordings for 13 training purposes. Any detective or investigator 14 directly involved in the investigation of a matter may 15 access and review recordings which pertain to that 16 investigation but may not have access to delete or 17 alter such recordings. 18 (7) Recordings made on officer-worn cameras must be 19 retained by the law enforcement agency or by the camera 20 vendor used by the agency, on a recording medium for a 21 minimum period of 90 days and no longer than 2 years unless 22 flagged. 23 (A) Under no circumstances shall any recording, 24 except for a non-law enforcement related activity or 25 encounter, made with an officer-worn body camera be 26 altered, erased, or destroyed prior to the expiration SB3439 - 26 - LRB103 38058 AWJ 68190 b SB3439- 27 -LRB103 38058 AWJ 68190 b SB3439 - 27 - LRB103 38058 AWJ 68190 b SB3439 - 27 - LRB103 38058 AWJ 68190 b 1 of the 90-day storage period. In the event any 2 recording made with an officer-worn body camera is 3 altered, erased, or destroyed prior to the expiration 4 of the 90-day storage period, the law enforcement 5 agency shall maintain, for a period of one year, a 6 written record including (i) the name of the 7 individual who made such alteration, erasure, or 8 destruction, and (ii) the reason for any such 9 alteration, erasure, or destruction. 10 (B) Following the 90-day storage period, any and 11 all recordings made with an officer-worn body camera 12 must be destroyed, unless any encounter captured on 13 the recording has been flagged. An encounter is deemed 14 to be flagged when: 15 (i) a formal investigation or informal 16 inquiry, as those terms are defined in Section 2 17 of the Uniform Peace Officers' Disciplinary Act, 18 has commenced complaint has been filed; 19 (ii) the officer discharged his or her firearm 20 or used force during the encounter; 21 (iii) death or great bodily harm occurred to 22 any person in the recording; 23 (iv) the encounter resulted in a detention or 24 an arrest, excluding traffic stops which resulted 25 in only a minor traffic offense or business 26 offense; SB3439 - 27 - LRB103 38058 AWJ 68190 b SB3439- 28 -LRB103 38058 AWJ 68190 b SB3439 - 28 - LRB103 38058 AWJ 68190 b SB3439 - 28 - LRB103 38058 AWJ 68190 b 1 (v) the officer is the subject of an internal 2 investigation or otherwise being investigated for 3 possible misconduct; 4 (vi) the supervisor of the officer, 5 prosecutor, defendant, or court determines that 6 the encounter has evidentiary value in a criminal 7 prosecution; or 8 (vii) the recording officer requests that the 9 video be flagged for official purposes related to 10 his or her official duties or believes it may have 11 evidentiary value in a criminal prosecution. 12 (C) Under no circumstances shall any recording 13 made with an officer-worn body camera relating to a 14 flagged encounter be altered or destroyed prior to 2 15 years after the recording was flagged. If the flagged 16 recording was used in a criminal, civil, or 17 administrative proceeding, the recording shall not be 18 destroyed except upon a final disposition and order 19 from the court or potential civil litigation. 20 (D) Nothing in this Act prohibits law enforcement 21 agencies from labeling officer-worn body camera video 22 within the recording medium; provided that the 23 labeling does not alter the actual recording of the 24 incident captured on the officer-worn body camera. The 25 labels, titles, and tags shall not be construed as 26 altering the officer-worn body camera video in any SB3439 - 28 - LRB103 38058 AWJ 68190 b SB3439- 29 -LRB103 38058 AWJ 68190 b SB3439 - 29 - LRB103 38058 AWJ 68190 b SB3439 - 29 - LRB103 38058 AWJ 68190 b 1 way. 2 (8) Following the 90-day minimum storage period, 3 recordings may be retained if a supervisor at the law 4 enforcement agency designates the recording for training 5 purposes. If the recording is designated for training 6 purposes, the recordings may be viewed by officers, in the 7 presence of a supervisor or training instructor, for the 8 purposes of instruction, training, or ensuring compliance 9 with agency policies. 10 (9) Recordings shall not be used to discipline law 11 enforcement officers unless: 12 (A) a formal investigation or informal inquiry, as 13 those terms are defined in Section 2 of the Uniform 14 Peace Officers' Disciplinary Act, has commenced a 15 formal or informal complaint of misconduct has been 16 made; 17 (B) a use of force incident has occurred; 18 (C) the encounter on the recording could result in 19 a formal investigation under the Uniform Peace 20 Officers' Disciplinary Act; or 21 (D) as corroboration of other evidence of 22 misconduct. 23 Nothing in this paragraph (9) shall be construed to 24 limit or prohibit a law enforcement officer from being 25 subject to an action that does not amount to discipline. 26 (10) The law enforcement agency shall ensure proper SB3439 - 29 - LRB103 38058 AWJ 68190 b SB3439- 30 -LRB103 38058 AWJ 68190 b SB3439 - 30 - LRB103 38058 AWJ 68190 b SB3439 - 30 - LRB103 38058 AWJ 68190 b 1 care and maintenance of officer-worn body cameras. Upon 2 becoming aware, officers must as soon as practical 3 document and notify the appropriate supervisor of any 4 technical difficulties, failures, or problems with the 5 officer-worn body camera or associated equipment. Upon 6 receiving notice, the appropriate supervisor shall make 7 every reasonable effort to correct and repair any of the 8 officer-worn body camera equipment. 9 (11) No officer may hinder or prohibit any person, not 10 a law enforcement officer, from recording a law 11 enforcement officer in the performance of his or her 12 duties in a public place or when the officer has no 13 reasonable expectation of privacy. The law enforcement 14 agency's written policy shall indicate the potential 15 criminal penalties, as well as any departmental 16 discipline, which may result from unlawful confiscation or 17 destruction of the recording medium of a person who is not 18 a law enforcement officer. However, an officer may take 19 reasonable action to maintain safety and control, secure 20 crime scenes and accident sites, protect the integrity and 21 confidentiality of investigations, and protect the public 22 safety and order. 23 (b) Recordings made with the use of an officer-worn body 24 camera are not subject to disclosure under the Freedom of 25 Information Act, except when a recording is flagged due to the 26 filing of a complaint, discharge of a firearm, use of force, SB3439 - 30 - LRB103 38058 AWJ 68190 b SB3439- 31 -LRB103 38058 AWJ 68190 b SB3439 - 31 - LRB103 38058 AWJ 68190 b SB3439 - 31 - LRB103 38058 AWJ 68190 b 1 arrest or detention, or resulting death or bodily harm and the 2 subject of the encounter has a reasonable expectation of 3 privacy at the time of the recording. A recording subject to 4 disclosure under this subsection may be only released to the 5 subject of the encounter captured on the recording or the 6 subject's legal representative if the law enforcement agency 7 obtains written permission of the subject or the subject's 8 legal representative. Any disclosure under this subsection 9 shall be limited to the portion of the recording containing 10 the subject of the encounter captured by the primary officer's 11 body-worn camera. that: 12 (1) if the subject of the encounter has a reasonable 13 expectation of privacy, at the time of the recording, any 14 recording which is flagged, due to the filing of a 15 complaint, discharge of a firearm, use of force, arrest or 16 detention, or resulting death or bodily harm, shall be 17 disclosed in accordance with the Freedom of Information 18 Act if: 19 (A) the subject of the encounter captured on the 20 recording is a victim or witness; and 21 (B) the law enforcement agency obtains written 22 permission of the subject or the subject's legal 23 representative; 24 (2) except as provided in paragraph (1) of this 25 subsection (b), any recording which is flagged due to the 26 filing of a complaint, discharge of a firearm, use of SB3439 - 31 - LRB103 38058 AWJ 68190 b SB3439- 32 -LRB103 38058 AWJ 68190 b SB3439 - 32 - LRB103 38058 AWJ 68190 b SB3439 - 32 - LRB103 38058 AWJ 68190 b 1 force, arrest or detention, or resulting death or bodily 2 harm shall be disclosed in accordance with the Freedom of 3 Information Act; and 4 (3) upon request, the law enforcement agency shall 5 disclose, in accordance with the Freedom of Information 6 Act, the recording to the subject of the encounter 7 captured on the recording or to the subject's attorney, or 8 the officer or his or her legal representative. 9 For the purposes of paragraph (1) of this subsection (b), 10 a person has no the subject of the encounter does not have a 11 reasonable expectation of privacy if the person the subject 12 was arrested as a result of the encounter or if the encounter 13 was captured in a publicly accessible area. For purposes of 14 subparagraph (A) of paragraph (1) of this subsection (b), 15 "witness" does not include a person who is a victim or who was 16 arrested as a result of the encounter. 17 Only recordings or portions of recordings responsive to 18 the request shall be available for inspection or reproduction. 19 Any recording disclosed under the Freedom of Information Act 20 shall be redacted to remove identification of any person that 21 appears on the recording and is not the officer, a subject of 22 the encounter, or directly involved in the encounter if they 23 are readily identifiable and have an expectation of privacy. 24 Nothing in this subsection (b) shall require the disclosure of 25 any recording or portion of any recording which would be 26 exempt from disclosure under the Freedom of Information Act. SB3439 - 32 - LRB103 38058 AWJ 68190 b SB3439- 33 -LRB103 38058 AWJ 68190 b SB3439 - 33 - LRB103 38058 AWJ 68190 b SB3439 - 33 - LRB103 38058 AWJ 68190 b 1 (c) Nothing in this Section shall limit access to an 2 officer-worn body a camera recording for the purposes of 3 complying with Supreme Court rules or the rules of evidence. 4 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 5 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 6 12-6-22.) 7 Section 15. The Law Enforcement Camera Grant Act is 8 amended by changing Sections 10, 15, and 20 as follows: 9 (50 ILCS 707/10) 10 Sec. 10. Law Enforcement Camera Grant Fund; creation, 11 rules. 12 (a) The Law Enforcement Camera Grant Fund is created as a 13 special fund in the State treasury. From appropriations to the 14 Board from the Fund, the Board must make grants to units of 15 local government in Illinois and Illinois public universities 16 for the purpose of (1) purchasing in-car video cameras for use 17 in law enforcement vehicles, (2) purchasing officer-worn body 18 cameras and associated technology for law enforcement 19 officers, and (3) training for law enforcement officers in the 20 operation of the cameras. Grants under this Section may be 21 used to offset data storage costs for officer-worn body 22 cameras. The grant funds may be used for the entire costs of 23 the officer-worn body camera program and contract, including 24 hardware, video management, software and licenses, SB3439 - 33 - LRB103 38058 AWJ 68190 b SB3439- 34 -LRB103 38058 AWJ 68190 b SB3439 - 34 - LRB103 38058 AWJ 68190 b SB3439 - 34 - LRB103 38058 AWJ 68190 b 1 accessories, storage, maintenance costs warranty, training, 2 charging docks and data transfer devices and systems, and 3 mobile data costs. 4 Moneys received for the purposes of this Section, 5 including, without limitation, fee receipts and gifts, grants, 6 and awards from any public or private entity, must be 7 deposited into the Fund. Any interest earned on moneys in the 8 Fund must be deposited into the Fund. 9 (b) The Board may set requirements for the distribution of 10 grant moneys and determine which law enforcement agencies are 11 eligible. 12 (b-5) The Board shall consider compliance with the Uniform 13 Crime Reporting Act as a factor in awarding grant moneys. 14 (c) (Blank). 15 (d) (Blank). 16 (e) (Blank). 17 (f) (Blank). 18 (g) (Blank). 19 (h) (Blank). 20 (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.) 21 (50 ILCS 707/15) 22 Sec. 15. Rules; in-car video camera grants. 23 (a) The Board shall develop model rules for the use of 24 in-car video cameras to be adopted by law enforcement agencies 25 that receive grants under Section 10 of this Act. The rules SB3439 - 34 - LRB103 38058 AWJ 68190 b SB3439- 35 -LRB103 38058 AWJ 68190 b SB3439 - 35 - LRB103 38058 AWJ 68190 b SB3439 - 35 - LRB103 38058 AWJ 68190 b 1 shall include all of the following requirements: 2 (1) Cameras must be installed in the law enforcement 3 agency vehicles. 4 (2) Video recording must provide audio of the officer 5 when the officer is outside of the vehicle. 6 (3) Camera access must be restricted to the 7 supervisors of the officer in the vehicle. 8 (4) Cameras must be turned on continuously throughout 9 the officer's shift. 10 (5) A copy of the video record must be made available 11 upon request to personnel of the law enforcement agency, 12 the local State's Attorney, and any persons depicted in 13 the video. Procedures for distribution of the video record 14 must include safeguards to protect the identities of 15 individuals who are not a party to the requested stop. 16 (6) Law enforcement agencies that receive moneys under 17 this grant shall provide for storage of the video records 18 for a period of not less than 2 years. 19 (b) Each law enforcement agency receiving a grant for 20 in-car video cameras under Section 10 of this Act must provide 21 an annual report to the Board, the Governor, and the General 22 Assembly on or before May 1 of the year following the receipt 23 of the grant and by each May 1 thereafter during the period of 24 the grant. The report shall include the following: 25 (1) the number of cameras received by the law 26 enforcement agency; SB3439 - 35 - LRB103 38058 AWJ 68190 b SB3439- 36 -LRB103 38058 AWJ 68190 b SB3439 - 36 - LRB103 38058 AWJ 68190 b SB3439 - 36 - LRB103 38058 AWJ 68190 b 1 (2) the number of cameras actually installed in law 2 enforcement agency vehicles; 3 (3) a brief description of the review process used by 4 supervisors within the law enforcement agency; 5 (4) (blank); and a list of any criminal, traffic, 6 ordinance, and civil cases in which in-car video 7 recordings were used, including party names, case numbers, 8 offenses charged, and disposition of the matter. 9 Proceedings to which this paragraph (4) applies include, 10 but are not limited to, court proceedings, coroner's 11 inquests, grand jury proceedings, and plea bargains; and 12 (5) any other information relevant to the 13 administration of the program. 14 (Source: P.A. 99-352, eff. 1-1-16.) 15 (50 ILCS 707/20) 16 Sec. 20. Rules; officer body-worn camera grants. 17 (a) The Board shall develop model rules for the use of 18 officer body-worn cameras to be adopted by law enforcement 19 agencies that receive grants under Section 10 of this Act. The 20 rules shall comply with the Law Enforcement Officer-Worn Body 21 Camera Act. 22 (b) Each law enforcement agency receiving a grant for 23 officer-worn body cameras under Section 10 of this Act must 24 provide an annual report to the Board, the Governor, and the 25 General Assembly on or before May 1 of the year following the SB3439 - 36 - LRB103 38058 AWJ 68190 b SB3439- 37 -LRB103 38058 AWJ 68190 b SB3439 - 37 - LRB103 38058 AWJ 68190 b SB3439 - 37 - LRB103 38058 AWJ 68190 b 1 receipt of the grant and by each May 1 thereafter during the 2 period of the grant. The report shall include: 3 (1) a brief overview of the makeup of the agency, 4 including the number of officers utilizing officer-worn 5 body cameras; 6 (2) the number of officer-worn body cameras utilized 7 by the law enforcement agency; 8 (3) any technical issues with the equipment and how 9 those issues were remedied; 10 (4) a brief description of the review process used by 11 supervisors within the law enforcement agency; 12 (5) (blank); for each recording used in prosecutions 13 of conservation, criminal, or traffic offenses or 14 municipal ordinance violations: 15 (A) the time, date, and location of the incident; 16 and 17 (B) the offenses charged and the date charges were 18 filed; 19 (6) (blank); and for a recording used in a civil 20 proceeding or internal affairs investigation: 21 (A) the number of pending civil proceedings and 22 internal investigations; 23 (B) in resolved civil proceedings and pending 24 investigations: 25 (i) the nature of the complaint or 26 allegations; SB3439 - 37 - LRB103 38058 AWJ 68190 b SB3439- 38 -LRB103 38058 AWJ 68190 b SB3439 - 38 - LRB103 38058 AWJ 68190 b SB3439 - 38 - LRB103 38058 AWJ 68190 b 1 (ii) the disposition, if known; and 2 (iii) the date, time and location of the 3 incident; and 4 (7) any other information relevant to the 5 administration of the program. 6 (c) On or before July 30 of each year, the Board must 7 analyze the law enforcement agency reports and provide an 8 annual report to the General Assembly and the Governor. 9 (Source: P.A. 99-352, eff. 1-1-16.) 10 Section 20. The Criminal Code of 2012 is amended by 11 changing Section 14-3 as follows: 12 (720 ILCS 5/14-3) 13 Sec. 14-3. Exemptions. The following activities shall be 14 exempt from the provisions of this Article: 15 (a) Listening to radio, wireless electronic 16 communications, and television communications of any sort 17 where the same are publicly made; 18 (b) Hearing conversation when heard by employees of 19 any common carrier by wire incidental to the normal course 20 of their employment in the operation, maintenance or 21 repair of the equipment of such common carrier by wire so 22 long as no information obtained thereby is used or 23 divulged by the hearer; 24 (c) Any broadcast by radio, television or otherwise SB3439 - 38 - LRB103 38058 AWJ 68190 b SB3439- 39 -LRB103 38058 AWJ 68190 b SB3439 - 39 - LRB103 38058 AWJ 68190 b SB3439 - 39 - LRB103 38058 AWJ 68190 b 1 whether it be a broadcast or recorded for the purpose of 2 later broadcasts of any function where the public is in 3 attendance and the conversations are overheard incidental 4 to the main purpose for which such broadcasts are then 5 being made; 6 (d) Recording or listening with the aid of any device 7 to any emergency communication made in the normal course 8 of operations by any federal, state or local law 9 enforcement agency or institutions dealing in emergency 10 services, including, but not limited to, hospitals, 11 clinics, ambulance services, fire fighting agencies, any 12 public utility, emergency repair facility, civilian 13 defense establishment or military installation; 14 (e) Recording the proceedings of any meeting required 15 to be open by the Open Meetings Act, as amended; 16 (f) Recording or listening with the aid of any device 17 to incoming telephone calls of phone lines publicly listed 18 or advertised as consumer "hotlines" by manufacturers or 19 retailers of food and drug products. Such recordings must 20 be destroyed, erased or turned over to local law 21 enforcement authorities within 24 hours from the time of 22 such recording and shall not be otherwise disseminated. 23 Failure on the part of the individual or business 24 operating any such recording or listening device to comply 25 with the requirements of this subsection shall eliminate 26 any civil or criminal immunity conferred upon that SB3439 - 39 - LRB103 38058 AWJ 68190 b SB3439- 40 -LRB103 38058 AWJ 68190 b SB3439 - 40 - LRB103 38058 AWJ 68190 b SB3439 - 40 - LRB103 38058 AWJ 68190 b 1 individual or business by the operation of this Section; 2 (g) With prior notification to the State's Attorney of 3 the county in which it is to occur, recording or listening 4 with the aid of any device to any conversation where a law 5 enforcement officer, or any person acting at the direction 6 of law enforcement, is a party to the conversation and has 7 consented to it being intercepted or recorded under 8 circumstances where the use of the device is necessary for 9 the protection of the law enforcement officer or any 10 person acting at the direction of law enforcement, in the 11 course of an investigation of a forcible felony, a felony 12 offense of involuntary servitude, involuntary sexual 13 servitude of a minor, or trafficking in persons under 14 Section 10-9 of this Code, an offense involving 15 prostitution, solicitation of a sexual act, or pandering, 16 a felony violation of the Illinois Controlled Substances 17 Act, a felony violation of the Cannabis Control Act, a 18 felony violation of the Methamphetamine Control and 19 Community Protection Act, any "streetgang related" or 20 "gang-related" felony as those terms are defined in the 21 Illinois Streetgang Terrorism Omnibus Prevention Act, or 22 any felony offense involving any weapon listed in 23 paragraphs (1) through (11) of subsection (a) of Section 24 24-1 of this Code. Any recording or evidence derived as 25 the result of this exemption shall be inadmissible in any 26 proceeding, criminal, civil or administrative, except (i) SB3439 - 40 - LRB103 38058 AWJ 68190 b SB3439- 41 -LRB103 38058 AWJ 68190 b SB3439 - 41 - LRB103 38058 AWJ 68190 b SB3439 - 41 - LRB103 38058 AWJ 68190 b 1 where a party to the conversation suffers great bodily 2 injury or is killed during such conversation, or (ii) when 3 used as direct impeachment of a witness concerning matters 4 contained in the interception or recording. The Director 5 of the Illinois State Police shall issue regulations as 6 are necessary concerning the use of devices, retention of 7 tape recordings, and reports regarding their use; 8 (g-5) (Blank); 9 (g-6) With approval of the State's Attorney of the 10 county in which it is to occur, recording or listening 11 with the aid of any device to any conversation where a law 12 enforcement officer, or any person acting at the direction 13 of law enforcement, is a party to the conversation and has 14 consented to it being intercepted or recorded in the 15 course of an investigation of child pornography, 16 aggravated child pornography, indecent solicitation of a 17 child, luring of a minor, sexual exploitation of a child, 18 aggravated criminal sexual abuse in which the victim of 19 the offense was at the time of the commission of the 20 offense under 18 years of age, or criminal sexual abuse by 21 force or threat of force in which the victim of the offense 22 was at the time of the commission of the offense under 18 23 years of age. In all such cases, an application for an 24 order approving the previous or continuing use of an 25 eavesdropping device must be made within 48 hours of the 26 commencement of such use. In the absence of such an order, SB3439 - 41 - LRB103 38058 AWJ 68190 b SB3439- 42 -LRB103 38058 AWJ 68190 b SB3439 - 42 - LRB103 38058 AWJ 68190 b SB3439 - 42 - LRB103 38058 AWJ 68190 b 1 or upon its denial, any continuing use shall immediately 2 terminate. The Director of the Illinois State Police shall 3 issue rules as are necessary concerning the use of 4 devices, retention of recordings, and reports regarding 5 their use. Any recording or evidence obtained or derived 6 in the course of an investigation of child pornography, 7 aggravated child pornography, indecent solicitation of a 8 child, luring of a minor, sexual exploitation of a child, 9 aggravated criminal sexual abuse in which the victim of 10 the offense was at the time of the commission of the 11 offense under 18 years of age, or criminal sexual abuse by 12 force or threat of force in which the victim of the offense 13 was at the time of the commission of the offense under 18 14 years of age shall, upon motion of the State's Attorney or 15 Attorney General prosecuting any case involving child 16 pornography, aggravated child pornography, indecent 17 solicitation of a child, luring of a minor, sexual 18 exploitation of a child, aggravated criminal sexual abuse 19 in which the victim of the offense was at the time of the 20 commission of the offense under 18 years of age, or 21 criminal sexual abuse by force or threat of force in which 22 the victim of the offense was at the time of the commission 23 of the offense under 18 years of age be reviewed in camera 24 with notice to all parties present by the court presiding 25 over the criminal case, and, if ruled by the court to be 26 relevant and otherwise admissible, it shall be admissible SB3439 - 42 - LRB103 38058 AWJ 68190 b SB3439- 43 -LRB103 38058 AWJ 68190 b SB3439 - 43 - LRB103 38058 AWJ 68190 b SB3439 - 43 - LRB103 38058 AWJ 68190 b 1 at the trial of the criminal case. Absent such a ruling, 2 any such recording or evidence shall not be admissible at 3 the trial of the criminal case; 4 (h) Recordings made simultaneously with the use of an 5 in-car video camera recording of an oral conversation 6 between a uniformed peace officer, who has identified his 7 or her office, and a person in the presence of the peace 8 officer whenever (i) an officer assigned a patrol vehicle 9 is conducting an enforcement stop; or (ii) patrol vehicle 10 emergency lights are activated or would otherwise be 11 activated if not for the need to conceal the presence of 12 law enforcement. 13 For the purposes of this subsection (h), "enforcement 14 stop" means an action by a law enforcement officer in 15 relation to enforcement and investigation duties, 16 including but not limited to, traffic stops, pedestrian 17 stops, abandoned vehicle contacts, motorist assists, 18 commercial motor vehicle stops, roadside safety checks, 19 requests for identification, or responses to requests for 20 emergency assistance; 21 (h-5) Recordings of utterances made by a person while 22 in the presence of a uniformed peace officer and while an 23 occupant of a police vehicle including, but not limited 24 to, (i) recordings made simultaneously with the use of an 25 in-car video camera and (ii) recordings made in the 26 presence of the peace officer utilizing video or audio SB3439 - 43 - LRB103 38058 AWJ 68190 b SB3439- 44 -LRB103 38058 AWJ 68190 b SB3439 - 44 - LRB103 38058 AWJ 68190 b SB3439 - 44 - LRB103 38058 AWJ 68190 b 1 systems, or both, authorized by the law enforcement 2 agency; 3 (h-10) Recordings made simultaneously with a video 4 camera recording during the use of a taser or similar 5 weapon or device by a peace officer if the weapon or device 6 is equipped with such camera; 7 (h-15) Recordings made under subsection (h), (h-5), or 8 (h-10) shall be retained by the law enforcement agency 9 that employs the peace officer who made the recordings for 10 a storage period of 90 days, unless the recordings are 11 made as a part of an arrest or the recordings are deemed 12 evidence in any criminal, civil, or administrative 13 proceeding and then the recordings must only be destroyed 14 upon a final disposition and an order from the court. 15 Under no circumstances shall any recording be altered or 16 erased prior to the expiration of the designated storage 17 period. Upon completion of the storage period, the 18 recording medium may be erased and reissued for 19 operational use; 20 (i) Recording of a conversation made by or at the 21 request of a person, not a law enforcement officer or 22 agent of a law enforcement officer, who is a party to the 23 conversation, under reasonable suspicion that another 24 party to the conversation is committing, is about to 25 commit, or has committed a criminal offense against the 26 person or a member of his or her immediate household, and SB3439 - 44 - LRB103 38058 AWJ 68190 b SB3439- 45 -LRB103 38058 AWJ 68190 b SB3439 - 45 - LRB103 38058 AWJ 68190 b SB3439 - 45 - LRB103 38058 AWJ 68190 b 1 there is reason to believe that evidence of the criminal 2 offense may be obtained by the recording; 3 (j) The use of a telephone monitoring device by either 4 (1) a corporation or other business entity engaged in 5 marketing or opinion research or (2) a corporation or 6 other business entity engaged in telephone solicitation, 7 as defined in this subsection, to record or listen to oral 8 telephone solicitation conversations or marketing or 9 opinion research conversations by an employee of the 10 corporation or other business entity when: 11 (i) the monitoring is used for the purpose of 12 service quality control of marketing or opinion 13 research or telephone solicitation, the education or 14 training of employees or contractors engaged in 15 marketing or opinion research or telephone 16 solicitation, or internal research related to 17 marketing or opinion research or telephone 18 solicitation; and 19 (ii) the monitoring is used with the consent of at 20 least one person who is an active party to the 21 marketing or opinion research conversation or 22 telephone solicitation conversation being monitored. 23 No communication or conversation or any part, portion, 24 or aspect of the communication or conversation made, 25 acquired, or obtained, directly or indirectly, under this 26 exemption (j), may be, directly or indirectly, furnished SB3439 - 45 - LRB103 38058 AWJ 68190 b SB3439- 46 -LRB103 38058 AWJ 68190 b SB3439 - 46 - LRB103 38058 AWJ 68190 b SB3439 - 46 - LRB103 38058 AWJ 68190 b 1 to any law enforcement officer, agency, or official for 2 any purpose or used in any inquiry or investigation, or 3 used, directly or indirectly, in any administrative, 4 judicial, or other proceeding, or divulged to any third 5 party. 6 When recording or listening authorized by this 7 subsection (j) on telephone lines used for marketing or 8 opinion research or telephone solicitation purposes 9 results in recording or listening to a conversation that 10 does not relate to marketing or opinion research or 11 telephone solicitation; the person recording or listening 12 shall, immediately upon determining that the conversation 13 does not relate to marketing or opinion research or 14 telephone solicitation, terminate the recording or 15 listening and destroy any such recording as soon as is 16 practicable. 17 Business entities that use a telephone monitoring or 18 telephone recording system pursuant to this exemption (j) 19 shall provide current and prospective employees with 20 notice that the monitoring or recordings may occur during 21 the course of their employment. The notice shall include 22 prominent signage notification within the workplace. 23 Business entities that use a telephone monitoring or 24 telephone recording system pursuant to this exemption (j) 25 shall provide their employees or agents with access to 26 personal-only telephone lines which may be pay telephones, SB3439 - 46 - LRB103 38058 AWJ 68190 b SB3439- 47 -LRB103 38058 AWJ 68190 b SB3439 - 47 - LRB103 38058 AWJ 68190 b SB3439 - 47 - LRB103 38058 AWJ 68190 b 1 that are not subject to telephone monitoring or telephone 2 recording. 3 For the purposes of this subsection (j), "telephone 4 solicitation" means a communication through the use of a 5 telephone by live operators: 6 (i) soliciting the sale of goods or services; 7 (ii) receiving orders for the sale of goods or 8 services; 9 (iii) assisting in the use of goods or services; 10 or 11 (iv) engaging in the solicitation, administration, 12 or collection of bank or retail credit accounts. 13 For the purposes of this subsection (j), "marketing or 14 opinion research" means a marketing or opinion research 15 interview conducted by a live telephone interviewer 16 engaged by a corporation or other business entity whose 17 principal business is the design, conduct, and analysis of 18 polls and surveys measuring the opinions, attitudes, and 19 responses of respondents toward products and services, or 20 social or political issues, or both; 21 (k) Electronic recordings, including but not limited 22 to, a motion picture, videotape, digital, or other visual 23 or audio recording, made of a custodial interrogation of 24 an individual at a police station or other place of 25 detention by a law enforcement officer under Section 26 5-401.5 of the Juvenile Court Act of 1987 or Section SB3439 - 47 - LRB103 38058 AWJ 68190 b SB3439- 48 -LRB103 38058 AWJ 68190 b SB3439 - 48 - LRB103 38058 AWJ 68190 b SB3439 - 48 - LRB103 38058 AWJ 68190 b 1 103-2.1 of the Code of Criminal Procedure of 1963; 2 (l) Recording the interview or statement of any person 3 when the person knows that the interview is being 4 conducted by a law enforcement officer or prosecutor and 5 the interview takes place at a police station that is 6 currently participating in the Custodial Interview Pilot 7 Program established under the Illinois Criminal Justice 8 Information Act; 9 (m) An electronic recording, including but not limited 10 to, a motion picture, videotape, digital, or other visual 11 or audio recording, made of the interior of a school bus 12 while the school bus is being used in the transportation 13 of students to and from school and school-sponsored 14 activities, when the school board has adopted a policy 15 authorizing such recording, notice of such recording 16 policy is included in student handbooks and other 17 documents including the policies of the school, notice of 18 the policy regarding recording is provided to parents of 19 students, and notice of such recording is clearly posted 20 on the door of and inside the school bus. 21 Recordings made pursuant to this subsection (m) shall 22 be confidential records and may only be used by school 23 officials (or their designees) and law enforcement 24 personnel for investigations, school disciplinary actions 25 and hearings, proceedings under the Juvenile Court Act of 26 1987, and criminal prosecutions, related to incidents SB3439 - 48 - LRB103 38058 AWJ 68190 b SB3439- 49 -LRB103 38058 AWJ 68190 b SB3439 - 49 - LRB103 38058 AWJ 68190 b SB3439 - 49 - LRB103 38058 AWJ 68190 b 1 occurring in or around the school bus; 2 (n) Recording or listening to an audio transmission 3 from a microphone placed by a person under the authority 4 of a law enforcement agency inside a bait car surveillance 5 vehicle while simultaneously capturing a photographic or 6 video image; 7 (o) The use of an eavesdropping camera or audio device 8 during an ongoing hostage or barricade situation by a law 9 enforcement officer or individual acting on behalf of a 10 law enforcement officer when the use of such device is 11 necessary to protect the safety of the general public, 12 hostages, or law enforcement officers or anyone acting on 13 their behalf; 14 (p) Recording or listening with the aid of any device 15 to incoming telephone calls of phone lines publicly listed 16 or advertised as the "CPS Violence Prevention Hotline", 17 but only where the notice of recording is given at the 18 beginning of each call as required by Section 34-21.8 of 19 the School Code. The recordings may be retained only by 20 the Chicago Police Department or other law enforcement 21 authorities, and shall not be otherwise retained or 22 disseminated; 23 (q)(1) With prior request to and written or verbal 24 approval of the State's Attorney of the county in which 25 the conversation is anticipated to occur, recording or 26 listening with the aid of an eavesdropping device to a SB3439 - 49 - LRB103 38058 AWJ 68190 b SB3439- 50 -LRB103 38058 AWJ 68190 b SB3439 - 50 - LRB103 38058 AWJ 68190 b SB3439 - 50 - LRB103 38058 AWJ 68190 b 1 conversation in which a law enforcement officer, or any 2 person acting at the direction of a law enforcement 3 officer, is a party to the conversation and has consented 4 to the conversation being intercepted or recorded in the 5 course of an investigation of a qualified offense. The 6 State's Attorney may grant this approval only after 7 determining that reasonable cause exists to believe that 8 inculpatory conversations concerning a qualified offense 9 will occur with a specified individual or individuals 10 within a designated period of time. 11 (2) Request for approval. To invoke the exception 12 contained in this subsection (q), a law enforcement 13 officer shall make a request for approval to the 14 appropriate State's Attorney. The request may be written 15 or verbal; however, a written memorialization of the 16 request must be made by the State's Attorney. This request 17 for approval shall include whatever information is deemed 18 necessary by the State's Attorney but shall include, at a 19 minimum, the following information about each specified 20 individual whom the law enforcement officer believes will 21 commit a qualified offense: 22 (A) his or her full or partial name, nickname or 23 alias; 24 (B) a physical description; or 25 (C) failing either (A) or (B) of this paragraph 26 (2), any other supporting information known to the law SB3439 - 50 - LRB103 38058 AWJ 68190 b SB3439- 51 -LRB103 38058 AWJ 68190 b SB3439 - 51 - LRB103 38058 AWJ 68190 b SB3439 - 51 - LRB103 38058 AWJ 68190 b 1 enforcement officer at the time of the request that 2 gives rise to reasonable cause to believe that the 3 specified individual will participate in an 4 inculpatory conversation concerning a qualified 5 offense. 6 (3) Limitations on approval. Each written approval by 7 the State's Attorney under this subsection (q) shall be 8 limited to: 9 (A) a recording or interception conducted by a 10 specified law enforcement officer or person acting at 11 the direction of a law enforcement officer; 12 (B) recording or intercepting conversations with 13 the individuals specified in the request for approval, 14 provided that the verbal approval shall be deemed to 15 include the recording or intercepting of conversations 16 with other individuals, unknown to the law enforcement 17 officer at the time of the request for approval, who 18 are acting in conjunction with or as co-conspirators 19 with the individuals specified in the request for 20 approval in the commission of a qualified offense; 21 (C) a reasonable period of time but in no event 22 longer than 24 consecutive hours; 23 (D) the written request for approval, if 24 applicable, or the written memorialization must be 25 filed, along with the written approval, with the 26 circuit clerk of the jurisdiction on the next business SB3439 - 51 - LRB103 38058 AWJ 68190 b SB3439- 52 -LRB103 38058 AWJ 68190 b SB3439 - 52 - LRB103 38058 AWJ 68190 b SB3439 - 52 - LRB103 38058 AWJ 68190 b 1 day following the expiration of the authorized period 2 of time, and shall be subject to review by the Chief 3 Judge or his or her designee as deemed appropriate by 4 the court. 5 (3.5) The written memorialization of the request for 6 approval and the written approval by the State's Attorney 7 may be in any format, including via facsimile, email, or 8 otherwise, so long as it is capable of being filed with the 9 circuit clerk. 10 (3.10) Beginning March 1, 2015, each State's Attorney 11 shall annually submit a report to the General Assembly 12 disclosing: 13 (A) the number of requests for each qualified 14 offense for approval under this subsection; and 15 (B) the number of approvals for each qualified 16 offense given by the State's Attorney. 17 (4) Admissibility of evidence. No part of the contents 18 of any wire, electronic, or oral communication that has 19 been recorded or intercepted as a result of this exception 20 may be received in evidence in any trial, hearing, or 21 other proceeding in or before any court, grand jury, 22 department, officer, agency, regulatory body, legislative 23 committee, or other authority of this State, or a 24 political subdivision of the State, other than in a 25 prosecution of: 26 (A) the qualified offense for which approval was SB3439 - 52 - LRB103 38058 AWJ 68190 b SB3439- 53 -LRB103 38058 AWJ 68190 b SB3439 - 53 - LRB103 38058 AWJ 68190 b SB3439 - 53 - LRB103 38058 AWJ 68190 b 1 given to record or intercept a conversation under this 2 subsection (q); 3 (B) a forcible felony committed directly in the 4 course of the investigation of the qualified offense 5 for which approval was given to record or intercept a 6 conversation under this subsection (q); or 7 (C) any other forcible felony committed while the 8 recording or interception was approved in accordance 9 with this subsection (q), but for this specific 10 category of prosecutions, only if the law enforcement 11 officer or person acting at the direction of a law 12 enforcement officer who has consented to the 13 conversation being intercepted or recorded suffers 14 great bodily injury or is killed during the commission 15 of the charged forcible felony. 16 (5) Compliance with the provisions of this subsection 17 is a prerequisite to the admissibility in evidence of any 18 part of the contents of any wire, electronic or oral 19 communication that has been intercepted as a result of 20 this exception, but nothing in this subsection shall be 21 deemed to prevent a court from otherwise excluding the 22 evidence on any other ground recognized by State or 23 federal law, nor shall anything in this subsection be 24 deemed to prevent a court from independently reviewing the 25 admissibility of the evidence for compliance with the 26 Fourth Amendment to the U.S. Constitution or with Article SB3439 - 53 - LRB103 38058 AWJ 68190 b SB3439- 54 -LRB103 38058 AWJ 68190 b SB3439 - 54 - LRB103 38058 AWJ 68190 b SB3439 - 54 - LRB103 38058 AWJ 68190 b 1 I, Section 6 of the Illinois Constitution. 2 (6) Use of recordings or intercepts unrelated to 3 qualified offenses. Whenever any private conversation or 4 private electronic communication has been recorded or 5 intercepted as a result of this exception that is not 6 related to an offense for which the recording or intercept 7 is admissible under paragraph (4) of this subsection (q), 8 no part of the contents of the communication and evidence 9 derived from the communication may be received in evidence 10 in any trial, hearing, or other proceeding in or before 11 any court, grand jury, department, officer, agency, 12 regulatory body, legislative committee, or other authority 13 of this State, or a political subdivision of the State, 14 nor may it be publicly disclosed in any way. 15 (6.5) The Illinois State Police shall adopt rules as 16 are necessary concerning the use of devices, retention of 17 recordings, and reports regarding their use under this 18 subsection (q). 19 (7) Definitions. For the purposes of this subsection 20 (q) only: 21 "Forcible felony" includes and is limited to those 22 offenses contained in Section 2-8 of the Criminal Code 23 of 1961 as of the effective date of this amendatory Act 24 of the 97th General Assembly, and only as those 25 offenses have been defined by law or judicial 26 interpretation as of that date. SB3439 - 54 - LRB103 38058 AWJ 68190 b SB3439- 55 -LRB103 38058 AWJ 68190 b SB3439 - 55 - LRB103 38058 AWJ 68190 b SB3439 - 55 - LRB103 38058 AWJ 68190 b 1 "Qualified offense" means and is limited to: 2 (A) a felony violation of the Cannabis Control 3 Act, the Illinois Controlled Substances Act, or 4 the Methamphetamine Control and Community 5 Protection Act, except for violations of: 6 (i) Section 4 of the Cannabis Control Act; 7 (ii) Section 402 of the Illinois 8 Controlled Substances Act; and 9 (iii) Section 60 of the Methamphetamine 10 Control and Community Protection Act; and 11 (B) first degree murder, solicitation of 12 murder for hire, predatory criminal sexual assault 13 of a child, criminal sexual assault, aggravated 14 criminal sexual assault, aggravated arson, 15 kidnapping, aggravated kidnapping, child 16 abduction, trafficking in persons, involuntary 17 servitude, involuntary sexual servitude of a 18 minor, or gunrunning. 19 "State's Attorney" includes and is limited to the 20 State's Attorney or an assistant State's Attorney 21 designated by the State's Attorney to provide verbal 22 approval to record or intercept conversations under 23 this subsection (q). 24 (8) Sunset. This subsection (q) is inoperative on and 25 after January 1, 2027. No conversations intercepted 26 pursuant to this subsection (q), while operative, shall be SB3439 - 55 - LRB103 38058 AWJ 68190 b SB3439- 56 -LRB103 38058 AWJ 68190 b SB3439 - 56 - LRB103 38058 AWJ 68190 b SB3439 - 56 - LRB103 38058 AWJ 68190 b 1 inadmissible in a court of law by virtue of the 2 inoperability of this subsection (q) on January 1, 2027. 3 (9) Recordings, records, and custody. Any private 4 conversation or private electronic communication 5 intercepted by a law enforcement officer or a person 6 acting at the direction of law enforcement shall, if 7 practicable, be recorded in such a way as will protect the 8 recording from editing or other alteration. Any and all 9 original recordings made under this subsection (q) shall 10 be inventoried without unnecessary delay pursuant to the 11 law enforcement agency's policies for inventorying 12 evidence. The original recordings shall not be destroyed 13 except upon an order of a court of competent jurisdiction; 14 and 15 (r) Electronic recordings, including but not limited 16 to, motion picture, videotape, digital, or other visual or 17 audio recording, made of a lineup under Section 107A-2 of 18 the Code of Criminal Procedure of 1963; and . 19 (s) Recordings made pursuant to and in compliance with 20 the Law Enforcement Officer-Worn Body Camera Act. 21 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 22 102-918, eff. 5-27-22.) 23 Section 95. No acceleration or delay. Where this Act makes 24 changes in a statute that is represented in this Act by text 25 that is not yet or no longer in effect (for example, a Section SB3439 - 56 - LRB103 38058 AWJ 68190 b SB3439- 57 -LRB103 38058 AWJ 68190 b SB3439 - 57 - LRB103 38058 AWJ 68190 b SB3439 - 57 - LRB103 38058 AWJ 68190 b 1 represented by multiple versions), the use of that text does 2 not accelerate or delay the taking effect of (i) the changes 3 made by this Act or (ii) provisions derived from any other 4 Public Act. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law. SB3439- 58 -LRB103 38058 AWJ 68190 b 1 INDEX 2 Statutes amended in order of appearance SB3439- 58 -LRB103 38058 AWJ 68190 b SB3439 - 58 - LRB103 38058 AWJ 68190 b 1 INDEX 2 Statutes amended in order of appearance SB3439- 58 -LRB103 38058 AWJ 68190 b SB3439 - 58 - LRB103 38058 AWJ 68190 b SB3439 - 58 - LRB103 38058 AWJ 68190 b 1 INDEX 2 Statutes amended in order of appearance SB3439 - 57 - LRB103 38058 AWJ 68190 b SB3439- 58 -LRB103 38058 AWJ 68190 b SB3439 - 58 - LRB103 38058 AWJ 68190 b SB3439 - 58 - LRB103 38058 AWJ 68190 b 1 INDEX 2 Statutes amended in order of appearance SB3439 - 58 - LRB103 38058 AWJ 68190 b