Illinois 2025-2026 Regular Session

Illinois House Bill HB1039 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1039 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are subject to disclosure under the Freedom of Information Act only to the extent recordings or portions of recordings are responsive to the request. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that, if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State or public official provides a reasonable justification. Makes conforming changes to the Freedom of Information Act. LRB104 03482 SPS 13505 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1039 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5 Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are subject to disclosure under the Freedom of Information Act only to the extent recordings or portions of recordings are responsive to the request. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that, if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State or public official provides a reasonable justification. Makes conforming changes to the Freedom of Information Act. LRB104 03482 SPS 13505 b LRB104 03482 SPS 13505 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1039 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are subject to disclosure under the Freedom of Information Act only to the extent recordings or portions of recordings are responsive to the request. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that, if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State or public official provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.
7	7	LRB104 03482 SPS 13505 b LRB104 03482 SPS 13505 b
8	8	LRB104 03482 SPS 13505 b
9	9	A BILL FOR
10	10	HB1039LRB104 03482 SPS 13505 b HB1039 LRB104 03482 SPS 13505 b
11	11	HB1039 LRB104 03482 SPS 13505 b
12	12	1 AN ACT concerning State government.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Public
16	16	5 Official Body Camera Act.
17	17	6 Section 5. Definitions. In this Act:
18	18	7 "Body camera" means an electronic camera system for
19	19	8 creating, generating, sending, receiving, storing, displaying,
20	20	9 and processing audiovisual recordings that may be worn about
21	21	10 the person wearing the device.
22	22	11 "Official duties" means the duties and responsibilities of
23	23	12 the public official that may vary depending on the role of the
24	24	13 public official.
25	25	14 "Public official" means any person who is elected or
26	26	15 appointed to public office.
27	27	16 Section 10. Requirements; body cameras.
28	28	17 (a) The State Board of Elections shall develop rules for
29	29	18 the use of body cameras by public officials of this State. The
30	30	19 policy adopted must include, at a minimum, all of the
31	31	20 following:
32	32	21 (1) Cameras must be equipped with pre-event recording,
33	33	22 capable of recording at least the 30 seconds prior to
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1039 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
38	38	New Act5 ILCS 140/7.5 New Act 5 ILCS 140/7.5
39	39	New Act
40	40	5 ILCS 140/7.5
41	41	Creates the Public Official Body Camera Act. Provides that the State Board of Elections shall develop rules for the use of body cameras by public officials of the State. Specifies requirements concerning the use of body cameras. Provides that recordings made with the use of a body camera worn by a public official are subject to disclosure under the Freedom of Information Act only to the extent recordings or portions of recordings are responsive to the request. Provides that the recordings may be used as evidence in any administrative, judicial, legislative, or disciplinary proceeding. Provides that, if a court or other finder of fact finds by a preponderance of the evidence that a recording was intentionally not captured, destroyed, altered, or intermittently captured in violation of the Act, then the court or other finder of fact shall consider or be instructed to consider that violation in weighing the evidence, unless the State or public official provides a reasonable justification. Makes conforming changes to the Freedom of Information Act.
42	42	LRB104 03482 SPS 13505 b LRB104 03482 SPS 13505 b
43	43	LRB104 03482 SPS 13505 b
44	44	A BILL FOR
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50	50	New Act
51	51	5 ILCS 140/7.5
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70	70	1 camera activation.
71	71	2 (2) Cameras must be capable of recording for a period
72	72	3 of 10 hours or more.
73	73	4 (3) Cameras must be turned on at all times when the
74	74	5 public official is engaged in his or her official duties.
75	75	6 The State Board of Elections shall prescribe when a public
76	76	7 official needs to wear a body camera to be in compliance
77	77	8 with this Act.
78	78	9 (4) The public official must provide notice of
79	79	10 recording to any person if the person has a reasonable
80	80	11 expectation of privacy and proof of notice must be evident
81	81	12 in the recording.
82	82	13 (5) Recordings made on a body camera worn by a public
83	83	14 official must be retained on a recording medium for a
84	84	15 period of 90 days. Under no circumstances shall any
85	85	16 recording made with an body camera worn by a public
86	86	17 official be altered, erased, or destroyed prior to the
87	87	18 expiration of the 90-day storage period.
88	88	19 (6) For the purposes of redaction, labeling, or
89	89	20 duplicating recordings, access to camera recordings shall
90	90	21 be restricted to only those personnel responsible for
91	91	22 those purposes.
92	92	23 (b) Recordings made with the use of a body camera worn by a
93	93	24 public official are subject to disclosure under the Freedom of
94	94	25 Information Act only to the extent the recordings or portions
95	95	26 of recordings are responsive to the request. Nothing in this
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106	106	1 subsection shall require the disclosure of any recording or
107	107	2 portion of any recording which would otherwise be exempt from
108	108	3 disclosure under the Freedom of Information Act. Nothing in
109	109	4 this subsection shall limit access to a camera recording for
110	110	5 the purposes of complying with Supreme Court rules or the
111	111	6 rules of evidence.
112	112	7 Section 15. Evidence. The recordings may be used as
113	113	8 evidence in any administrative, judicial, legislative, or
114	114	9 disciplinary proceeding. If a court or other finder of fact
115	115	10 finds by a preponderance of the evidence that a recording was
116	116	11 intentionally not captured, destroyed, altered, or
117	117	12 intermittently captured in violation of this Act, then the
118	118	13 court or other finder of fact shall consider or be instructed
119	119	14 to consider that violation in weighing the evidence, unless
120	120	15 the State or public official provides a reasonable
121	121	16 justification.
122	122	17 Section 105. The Freedom of Information Act is amended by
123	123	18 changing Section 7.5 as follows:
124	124	19 (5 ILCS 140/7.5)
125	125	20 Sec. 7.5. Statutory exemptions. To the extent provided for
126	126	21 by the statutes referenced below, the following shall be
127	127	22 exempt from inspection and copying:
128	128	23 (a) All information determined to be confidential
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139	139	1 under Section 4002 of the Technology Advancement and
140	140	2 Development Act.
141	141	3 (b) Library circulation and order records identifying
142	142	4 library users with specific materials under the Library
143	143	5 Records Confidentiality Act.
144	144	6 (c) Applications, related documents, and medical
145	145	7 records received by the Experimental Organ Transplantation
146	146	8 Procedures Board and any and all documents or other
147	147	9 records prepared by the Experimental Organ Transplantation
148	148	10 Procedures Board or its staff relating to applications it
149	149	11 has received.
150	150	12 (d) Information and records held by the Department of
151	151	13 Public Health and its authorized representatives relating
152	152	14 to known or suspected cases of sexually transmitted
153	153	15 infection or any information the disclosure of which is
154	154	16 restricted under the Illinois Sexually Transmitted
155	155	17 Infection Control Act.
156	156	18 (e) Information the disclosure of which is exempted
157	157	19 under Section 30 of the Radon Industry Licensing Act.
158	158	20 (f) Firm performance evaluations under Section 55 of
159	159	21 the Architectural, Engineering, and Land Surveying
160	160	22 Qualifications Based Selection Act.
161	161	23 (g) Information the disclosure of which is restricted
162	162	24 and exempted under Section 50 of the Illinois Prepaid
163	163	25 Tuition Act.
164	164	26 (h) Information the disclosure of which is exempted
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175	175	1 under the State Officials and Employees Ethics Act, and
176	176	2 records of any lawfully created State or local inspector
177	177	3 general's office that would be exempt if created or
178	178	4 obtained by an Executive Inspector General's office under
179	179	5 that Act.
180	180	6 (i) Information contained in a local emergency energy
181	181	7 plan submitted to a municipality in accordance with a
182	182	8 local emergency energy plan ordinance that is adopted
183	183	9 under Section 11-21.5-5 of the Illinois Municipal Code.
184	184	10 (j) Information and data concerning the distribution
185	185	11 of surcharge moneys collected and remitted by carriers
186	186	12 under the Emergency Telephone System Act.
187	187	13 (k) Law enforcement officer identification information
188	188	14 or driver identification information compiled by a law
189	189	15 enforcement agency or the Department of Transportation
190	190	16 under Section 11-212 of the Illinois Vehicle Code.
191	191	17 (l) Records and information provided to a residential
192	192	18 health care facility resident sexual assault and death
193	193	19 review team or the Executive Council under the Abuse
194	194	20 Prevention Review Team Act.
195	195	21 (m) Information provided to the predatory lending
196	196	22 database created pursuant to Article 3 of the Residential
197	197	23 Real Property Disclosure Act, except to the extent
198	198	24 authorized under that Article.
199	199	25 (n) Defense budgets and petitions for certification of
200	200	26 compensation and expenses for court appointed trial
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211	211	1 counsel as provided under Sections 10 and 15 of the
212	212	2 Capital Crimes Litigation Act (repealed). This subsection
213	213	3 (n) shall apply until the conclusion of the trial of the
214	214	4 case, even if the prosecution chooses not to pursue the
215	215	5 death penalty prior to trial or sentencing.
216	216	6 (o) Information that is prohibited from being
217	217	7 disclosed under Section 4 of the Illinois Health and
218	218	8 Hazardous Substances Registry Act.
219	219	9 (p) Security portions of system safety program plans,
220	220	10 investigation reports, surveys, schedules, lists, data, or
221	221	11 information compiled, collected, or prepared by or for the
222	222	12 Department of Transportation under Sections 2705-300 and
223	223	13 2705-616 of the Department of Transportation Law of the
224	224	14 Civil Administrative Code of Illinois, the Regional
225	225	15 Transportation Authority under Section 2.11 of the
226	226	16 Regional Transportation Authority Act, or the St. Clair
227	227	17 County Transit District under the Bi-State Transit Safety
228	228	18 Act (repealed).
229	229	19 (q) Information prohibited from being disclosed by the
230	230	20 Personnel Record Review Act.
231	231	21 (r) Information prohibited from being disclosed by the
232	232	22 Illinois School Student Records Act.
233	233	23 (s) Information the disclosure of which is restricted
234	234	24 under Section 5-108 of the Public Utilities Act.
235	235	25 (t) (Blank).
236	236	26 (u) Records and information provided to an independent
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247	247	1 team of experts under the Developmental Disability and
248	248	2 Mental Health Safety Act (also known as Brian's Law).
249	249	3 (v) Names and information of people who have applied
250	250	4 for or received Firearm Owner's Identification Cards under
251	251	5 the Firearm Owners Identification Card Act or applied for
252	252	6 or received a concealed carry license under the Firearm
253	253	7 Concealed Carry Act, unless otherwise authorized by the
254	254	8 Firearm Concealed Carry Act; and databases under the
255	255	9 Firearm Concealed Carry Act, records of the Concealed
256	256	10 Carry Licensing Review Board under the Firearm Concealed
257	257	11 Carry Act, and law enforcement agency objections under the
258	258	12 Firearm Concealed Carry Act.
259	259	13 (v-5) Records of the Firearm Owner's Identification
260	260	14 Card Review Board that are exempted from disclosure under
261	261	15 Section 10 of the Firearm Owners Identification Card Act.
262	262	16 (w) Personally identifiable information which is
263	263	17 exempted from disclosure under subsection (g) of Section
264	264	18 19.1 of the Toll Highway Act.
265	265	19 (x) Information which is exempted from disclosure
266	266	20 under Section 5-1014.3 of the Counties Code or Section
267	267	21 8-11-21 of the Illinois Municipal Code.
268	268	22 (y) Confidential information under the Adult
269	269	23 Protective Services Act and its predecessor enabling
270	270	24 statute, the Elder Abuse and Neglect Act, including
271	271	25 information about the identity and administrative finding
272	272	26 against any caregiver of a verified and substantiated
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283	283	1 decision of abuse, neglect, or financial exploitation of
284	284	2 an eligible adult maintained in the Registry established
285	285	3 under Section 7.5 of the Adult Protective Services Act.
286	286	4 (z) Records and information provided to a fatality
287	287	5 review team or the Illinois Fatality Review Team Advisory
288	288	6 Council under Section 15 of the Adult Protective Services
289	289	7 Act.
290	290	8 (aa) Information which is exempted from disclosure
291	291	9 under Section 2.37 of the Wildlife Code.
292	292	10 (bb) Information which is or was prohibited from
293	293	11 disclosure by the Juvenile Court Act of 1987.
294	294	12 (cc) Recordings made under the Law Enforcement
295	295	13 Officer-Worn Body Camera Act, except to the extent
296	296	14 authorized under that Act.
297	297	15 (dd) Information that is prohibited from being
298	298	16 disclosed under Section 45 of the Condominium and Common
299	299	17 Interest Community Ombudsperson Act.
300	300	18 (ee) Information that is exempted from disclosure
301	301	19 under Section 30.1 of the Pharmacy Practice Act.
302	302	20 (ff) Information that is exempted from disclosure
303	303	21 under the Revised Uniform Unclaimed Property Act.
304	304	22 (gg) Information that is prohibited from being
305	305	23 disclosed under Section 7-603.5 of the Illinois Vehicle
306	306	24 Code.
307	307	25 (hh) Records that are exempt from disclosure under
308	308	26 Section 1A-16.7 of the Election Code.
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319	319	1 (ii) Information which is exempted from disclosure
320	320	2 under Section 2505-800 of the Department of Revenue Law of
321	321	3 the Civil Administrative Code of Illinois.
322	322	4 (jj) Information and reports that are required to be
323	323	5 submitted to the Department of Labor by registering day
324	324	6 and temporary labor service agencies but are exempt from
325	325	7 disclosure under subsection (a-1) of Section 45 of the Day
326	326	8 and Temporary Labor Services Act.
327	327	9 (kk) Information prohibited from disclosure under the
328	328	10 Seizure and Forfeiture Reporting Act.
329	329	11 (ll) Information the disclosure of which is restricted
330	330	12 and exempted under Section 5-30.8 of the Illinois Public
331	331	13 Aid Code.
332	332	14 (mm) Records that are exempt from disclosure under
333	333	15 Section 4.2 of the Crime Victims Compensation Act.
334	334	16 (nn) Information that is exempt from disclosure under
335	335	17 Section 70 of the Higher Education Student Assistance Act.
336	336	18 (oo) Communications, notes, records, and reports
337	337	19 arising out of a peer support counseling session
338	338	20 prohibited from disclosure under the First Responders
339	339	21 Suicide Prevention Act.
340	340	22 (pp) Names and all identifying information relating to
341	341	23 an employee of an emergency services provider or law
342	342	24 enforcement agency under the First Responders Suicide
343	343	25 Prevention Act.
344	344	26 (qq) Information and records held by the Department of
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355	355	1 Public Health and its authorized representatives collected
356	356	2 under the Reproductive Health Act.
357	357	3 (rr) Information that is exempt from disclosure under
358	358	4 the Cannabis Regulation and Tax Act.
359	359	5 (ss) Data reported by an employer to the Department of
360	360	6 Human Rights pursuant to Section 2-108 of the Illinois
361	361	7 Human Rights Act.
362	362	8 (tt) Recordings made under the Children's Advocacy
363	363	9 Center Act, except to the extent authorized under that
364	364	10 Act.
365	365	11 (uu) Information that is exempt from disclosure under
366	366	12 Section 50 of the Sexual Assault Evidence Submission Act.
367	367	13 (vv) Information that is exempt from disclosure under
368	368	14 subsections (f) and (j) of Section 5-36 of the Illinois
369	369	15 Public Aid Code.
370	370	16 (ww) Information that is exempt from disclosure under
371	371	17 Section 16.8 of the State Treasurer Act.
372	372	18 (xx) Information that is exempt from disclosure or
373	373	19 information that shall not be made public under the
374	374	20 Illinois Insurance Code.
375	375	21 (yy) Information prohibited from being disclosed under
376	376	22 the Illinois Educational Labor Relations Act.
377	377	23 (zz) Information prohibited from being disclosed under
378	378	24 the Illinois Public Labor Relations Act.
379	379	25 (aaa) Information prohibited from being disclosed
380	380	26 under Section 1-167 of the Illinois Pension Code.
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391	391	1 (bbb) Information that is prohibited from disclosure
392	392	2 by the Illinois Police Training Act and the Illinois State
393	393	3 Police Act.
394	394	4 (ccc) Records exempt from disclosure under Section
395	395	5 2605-304 of the Illinois State Police Law of the Civil
396	396	6 Administrative Code of Illinois.
397	397	7 (ddd) Information prohibited from being disclosed
398	398	8 under Section 35 of the Address Confidentiality for
399	399	9 Victims of Domestic Violence, Sexual Assault, Human
400	400	10 Trafficking, or Stalking Act.
401	401	11 (eee) Information prohibited from being disclosed
402	402	12 under subsection (b) of Section 75 of the Domestic
403	403	13 Violence Fatality Review Act.
404	404	14 (fff) Images from cameras under the Expressway Camera
405	405	15 Act. This subsection (fff) is inoperative on and after
406	406	16 July 1, 2025.
407	407	17 (ggg) Information prohibited from disclosure under
408	408	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
409	409	19 Agency Licensing Act.
410	410	20 (hhh) Information submitted to the Illinois State
411	411	21 Police in an affidavit or application for an assault
412	412	22 weapon endorsement, assault weapon attachment endorsement,
413	413	23 .50 caliber rifle endorsement, or .50 caliber cartridge
414	414	24 endorsement under the Firearm Owners Identification Card
415	415	25 Act.
416	416	26 (iii) Data exempt from disclosure under Section 50 of
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427	427	1 the School Safety Drill Act.
428	428	2 (jjj) Information exempt from disclosure under Section
429	429	3 30 of the Insurance Data Security Law.
430	430	4 (kkk) Confidential business information prohibited
431	431	5 from disclosure under Section 45 of the Paint Stewardship
432	432	6 Act.
433	433	7 (lll) Data exempt from disclosure under Section
434	434	8 2-3.196 of the School Code.
435	435	9 (mmm) Information prohibited from being disclosed
436	436	10 under subsection (e) of Section 1-129 of the Illinois
437	437	11 Power Agency Act.
438	438	12 (nnn) Materials received by the Department of Commerce
439	439	13 and Economic Opportunity that are confidential under the
440	440	14 Music and Musicians Tax Credit and Jobs Act.
441	441	15 (ooo) (nnn) Data or information provided pursuant to
442	442	16 Section 20 of the Statewide Recycling Needs and Assessment
443	443	17 Act.
444	444	18 (ppp) (nnn) Information that is exempt from disclosure
445	445	19 under Section 28-11 of the Lawful Health Care Activity
446	446	20 Act.
447	447	21 (qqq) (nnn) Information that is exempt from disclosure
448	448	22 under Section 7-101 of the Illinois Human Rights Act.
449	449	23 (rrr) (mmm) Information prohibited from being
450	450	24 disclosed under Section 4-2 of the Uniform Money
451	451	25 Transmission Modernization Act.
452	452	26 (sss) (nnn) Information exempt from disclosure under
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