Sen. Scott M. Bennett
Filed: 4/4/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4608 




2 AMENDMENT NO. ______. Amend House Bill 4608 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Law Enforcement Officer-Worn Body Camera 
5Act is amended by changing Sections 10-10 and 10-20 as 
6follows:

7 (50 ILCS 706/10-10)

8 Sec. 10-10. Definitions. As used in this Act:
9 "Badge" means an officer's department issued 
10identification number associated with his or her position as a 
11police officer with that department.
12 "Board" means the Illinois Law Enforcement Training 
13Standards Board created by the Illinois Police Training Act.
14 "Business offense" means a petty offense for which the 
15fine is in excess of $1,000.
16 "Community caretaking function" means a task undertaken by 
 
 
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1a law enforcement officer in which the officer is performing 
2an articulable act unrelated to the investigation of a crime. 
3"Community caretaking function" includes, but is not limited 
4to, participating in town halls or other community outreach, 
5helping a child find his or her parents, providing death 
6notifications, and performing in-home or hospital well-being 
7checks on the sick, elderly, or persons presumed missing. 
8"Community caretaking function" excludes law 
9enforcement-related encounters or activities. 
10 "Fund" means the Law Enforcement Camera Grant Fund.

11 "In uniform" means a law enforcement officer who is 
12wearing any officially authorized uniform designated by a law 
13enforcement agency, or a law enforcement officer who is 
14visibly wearing articles of clothing, a badge, tactical gear, 
15gun belt, a patch, or other insignia that he or she is a law 
16enforcement officer acting in the course of his or her duties.
17 "Law enforcement officer" or "officer" means any person 
18employed by a State, county, municipality, special district, 
19college, unit of government, or any other entity authorized by 
20law to employ peace officers or exercise police authority and 
21who is primarily responsible for the prevention or detection 
22of crime and the enforcement of the laws of this State.
23 "Law enforcement agency" means all State agencies with law 
24enforcement officers, county sheriff's offices, municipal, 
25special district, college, or unit of local government police 
26departments.
 
 
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1 "Law enforcement-related encounters or activities" 
2include, but are not limited to, traffic stops, pedestrian 
3stops, arrests, searches, interrogations, investigations, 
4pursuits, crowd control, traffic control, non-community 
5caretaking interactions with an individual while on patrol, or 
6any other instance in which the officer is enforcing the laws 
7of the municipality, county, or State. "Law 
8enforcement-related encounter or activities" does not include 
9when the officer is completing paperwork alone, is 
10participating in training in a classroom setting, or is only 
11in the presence of another law enforcement officer or 
12officers.
13 "Minor traffic offense" means a petty offense, business 
14offense, or Class C misdemeanor under the Illinois Vehicle 
15Code or a similar provision of a municipal or local ordinance.
16 "Officer-worn body camera" means an electronic camera 
17system for creating, generating, sending, receiving, storing, 
18displaying, and processing audiovisual recordings that may be 
19worn about the person of a law enforcement officer.
20 "Peace officer" has the meaning provided in Section 2-13 
21of the Criminal Code of 2012.
22 "Petty offense" means any offense for which a sentence of 
23imprisonment is not an authorized disposition.
24 "Recording" means the process of capturing data or 
25information stored on a recording medium as required under 
26this Act.

 
 
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1 "Recording medium" means any recording medium authorized 
2by the Board for the retention and playback of recorded audio 
3and video including, but not limited to, VHS, DVD, hard drive, 
4cloud storage, solid state, digital, flash memory technology, 
5or any other electronic medium.

6(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)

7 (50 ILCS 706/10-20)
8 Sec. 10-20. Requirements. 
9 (a) The Board shall develop basic guidelines for the use 
10of officer-worn body cameras by law enforcement agencies. The 
11guidelines developed by the Board shall be the basis for the 
12written policy which must be adopted by each law enforcement 
13agency which employs the use of officer-worn body cameras. The 
14written policy adopted by the law enforcement agency must 
15include, at a minimum, all of the following:
16  (1) Cameras must be equipped with pre-event recording, 
17 capable of recording at least the 30 seconds prior to 
18 camera activation, unless the officer-worn body camera was 
19 purchased and acquired by the law enforcement agency prior 
20 to July 1, 2015.
21  (2) Cameras must be capable of recording for a period 
22 of 10 hours or more, unless the officer-worn body camera 
23 was purchased and acquired by the law enforcement agency 
24 prior to July 1, 2015.
25  (3) Cameras must be turned on at all times when the 
 
 
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1 officer is in uniform and is responding to calls for 
2 service or engaged in any law enforcement-related 
3 encounter or activity that occurs while the officer is on 
4 duty.
5   (A) If exigent circumstances exist which prevent 
6 the camera from being turned on, the camera must be 
7 turned on as soon as practicable.
8   (B) Officer-worn body cameras may be turned off 
9 when the officer is inside of a patrol car which is 
10 equipped with a functioning in-car camera; however, 
11 the officer must turn on the camera upon exiting the 
12 patrol vehicle for law enforcement-related encounters.
13   (C) Officer-worn body cameras may be turned off 
14 when the officer is inside a correctional facility or 
15 courthouse which is equipped with a functioning camera 
16 system. 
17  (4) Cameras must be turned off when:

18   (A) the victim of a crime requests that the camera 
19 be turned off, and unless impractical or impossible, 
20 that request is made on the recording;
21   (B) a witness of a crime or a community member who 
22 wishes to report a crime requests that the camera be 
23 turned off, and unless impractical or impossible that 
24 request is made on the recording;

25   (C) the officer is interacting with a confidential 
26 informant used by the law enforcement agency; or
 
 
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1   (D) an officer of the Department of Revenue enters 
2 a Department of Revenue facility or conducts an 
3 interview during which return information will be 
4 discussed or visible. 
5  However, an officer may continue to record or resume 
6 recording a victim or a witness, if exigent circumstances 
7 exist, or if the officer has reasonable articulable 
8 suspicion that a victim or witness, or confidential 
9 informant has committed or is in the process of committing 
10 a crime. Under these circumstances, and unless impractical 
11 or impossible, the officer must indicate on the recording 
12 the reason for continuing to record despite the request of 
13 the victim or witness.
14  (4.5) Cameras may be turned off when the officer is 
15 engaged in community caretaking functions. However, the 
16 camera must be turned on when the officer has reason to 
17 believe that the person on whose behalf the officer is 
18 performing a community caretaking function has committed 
19 or is in the process of committing a crime. If exigent 
20 circumstances exist which prevent the camera from being 
21 turned on, the camera must be turned on as soon as 
22 practicable.
23  (5) The officer must provide notice of recording to 
24 any person if the person has a reasonable expectation of 
25 privacy and proof of notice must be evident in the 
26 recording.
If exigent circumstances exist which prevent 
 
 
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1 the officer from providing notice, notice must be provided 
2 as soon as practicable.
3  (6) (A) For the purposes of redaction, labeling, or 
4 duplicating recordings, access to camera recordings shall 
5 be restricted to only those personnel responsible for 
6 those purposes. The recording officer or his or her 
7 supervisor may not redact, label, duplicate or otherwise 
8 alter the recording officer's camera recordings. Except as 
9 otherwise provided in this Section, the recording officer 
10 and his or her supervisor may access and review recordings 
11 prior to completing incident reports or other 
12 documentation, provided that the supervisor discloses that 
13 fact in the report or documentation.
14   (i) A law enforcement officer shall not have 
15 access to or review his or her body-worn
camera 
16 recordings or the body-worn camera recordings of 
17 another officer prior to completing incident reports 
18 or other documentation when the officer: 
19    (a) has been involved in or is a witness to an 
20 officer-involved shooting, use of deadly force 
21 incident, or use of force incidents resulting in 
22 great bodily harm;
23    (b) is ordered to write a report in response 
24 to or during the investigation of a misconduct 
25 complaint against the officer.
26   (ii) If the officer subject to subparagraph (i) 
 
 
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1 prepares a report, any report shall be prepared 
2 without viewing body-worn camera recordings, and 
3 subject to supervisor's approval, officers may file 
4 amendatory reports after viewing body-worn camera 
5 recordings. Supplemental reports under this provision 
6 shall also contain documentation regarding access to 
7 the video footage. 
8   (B) The recording officer's assigned field 
9 training officer may access and review recordings for 
10 training purposes. Any detective or investigator 
11 directly involved in the investigation of a matter may 
12 access and review recordings which pertain to that 
13 investigation but may not have access to delete or 
14 alter such recordings. 
15  (7) Recordings made on officer-worn cameras must be 
16 retained by the law enforcement agency or by the camera 
17 vendor used by the agency, on a recording medium for a 
18 period of 90 days.
19   (A) Under no circumstances shall any recording, 
20 except for a non-law enforcement related activity or 
21 encounter, made with an officer-worn body camera be 
22 altered, erased, or destroyed prior to the expiration 
23 of the 90-day storage period.
In the event any 
24 recording made with an officer-worn body camera is 
25 altered, erased, or destroyed prior to the expiration 
26 of the 90-day storage period, the law enforcement 
 
 
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1 agency shall maintain, for a period of one year, a 
2 written record including (i) the name of the 
3 individual who made such alteration, erasure, or 
4 destruction, and (ii) the reason for any such 
5 alteration, erasure, or destruction. 
6   (B) Following the 90-day storage period, any and 
7 all recordings made with an officer-worn body camera 
8 must be destroyed, unless any encounter captured on 
9 the recording has been flagged. An encounter is deemed 
10 to be flagged when:

11    (i) a formal or informal complaint has been 
12 filed;
13    (ii) the officer discharged his or her firearm 
14 or used force during the encounter;

15    (iii) death or great bodily harm occurred to 
16 any person in the recording;

17    (iv) the encounter resulted in a detention or 
18 an arrest, excluding traffic stops which resulted 
19 in only a minor traffic offense or business 
20 offense;
21    (v) the officer is the subject of an internal 
22 investigation or otherwise being investigated for 
23 possible misconduct;

24    (vi) the supervisor of the officer, 
25 prosecutor, defendant, or court determines that 
26 the encounter has evidentiary value in a criminal 
 
 
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1 prosecution; or
2    (vii) the recording officer requests that the 
3 video be flagged for official purposes related to 
4 his or her official duties or believes it may have 
5 evidentiary value in a criminal prosecution.
6   (C) Under no circumstances shall any recording 
7 made with an officer-worn body camera relating to a 
8 flagged encounter be altered or destroyed prior to 2 
9 years after the recording was flagged. If the flagged 
10 recording was used in a criminal, civil, or 
11 administrative proceeding, the recording shall not be 
12 destroyed except upon a final disposition and order 
13 from the court.
14   (D) Nothing in this Act prohibits law enforcement 
15 agencies from labeling officer-worn body camera video 
16 within the recording medium; provided that the 
17 labeling does not alter the actual recording of the 
18 incident captured on the officer-worn body camera. The 
19 labels, titles, and tags shall not be construed as 
20 altering the officer-worn body camera video in any 
21 way. 
22  (8) Following the 90-day storage period, recordings 
23 may be retained if a supervisor at the law enforcement 
24 agency designates the recording for training purposes. If 
25 the recording is designated for training purposes, the 
26 recordings may be viewed by officers, in the presence of a 
 
 
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1 supervisor or training instructor, for the purposes of 
2 instruction, training, or ensuring compliance with agency 
3 policies.

4  (9) Recordings shall not be used to discipline law 
5 enforcement officers unless:
6   (A) a formal or informal complaint of misconduct 
7 has been made;
8   (B) a use of force incident has occurred;
9   (C) the encounter on the recording could result in 
10 a formal investigation under the Uniform Peace 
11 Officers' Disciplinary Act; or
12   (D) as corroboration of other evidence of 
13 misconduct.
14  Nothing in this paragraph (9) shall be construed to 
15 limit or prohibit a law enforcement officer from being 
16 subject to an action that does not amount to discipline.
17  (10) The law enforcement agency shall ensure proper 
18 care and maintenance of officer-worn body cameras. Upon 
19 becoming aware, officers must as soon as practical 
20 document and notify the appropriate supervisor of any 
21 technical difficulties, failures, or problems with the 
22 officer-worn body camera or associated equipment. Upon 
23 receiving notice, the appropriate supervisor shall make 
24 every reasonable effort to correct and repair any of the 
25 officer-worn body camera equipment.
26  (11) No officer may hinder or prohibit any person, not 
 
 
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1 a law enforcement officer, from recording a law 
2 enforcement officer in the performance of his or her 
3 duties in a public place or when the officer has no 
4 reasonable expectation of privacy.
The law enforcement 
5 agency's written policy shall indicate the potential 
6 criminal penalties, as well as any departmental 
7 discipline, which may result from unlawful confiscation or 
8 destruction of the recording medium of a person who is not 
9 a law enforcement officer. However, an officer may take 
10 reasonable action to maintain safety and control, secure 
11 crime scenes and accident sites, protect the integrity and 
12 confidentiality of investigations, and protect the public 
13 safety and order.
14 (b) Recordings made with the use of an officer-worn body 
15camera are not subject to disclosure under the Freedom of 
16Information Act, except that:
17  (1) if the subject of the encounter has a reasonable 
18 expectation of privacy, at the time of the recording, any 
19 recording which is flagged, due to the filing of a 
20 complaint, discharge of a firearm, use of force, arrest or 
21 detention, or resulting death or bodily harm, shall be 
22 disclosed in accordance with the Freedom of Information 
23 Act if:
24   (A) the subject of the encounter captured on the 
25 recording is a victim or witness; and
26   (B) the law enforcement agency obtains written 
 
 
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1 permission of the subject or the subject's legal 
2 representative;
3  (2) except as provided in paragraph (1) of this 
4 subsection (b), any recording which is flagged due to the 
5 filing of a complaint, discharge of a firearm, use of 
6 force, arrest or detention, or resulting death or bodily 
7 harm shall be disclosed in accordance with the Freedom of 
8 Information Act; and
9  (3) upon request, the law enforcement agency shall 
10 disclose, in accordance with the Freedom of Information 
11 Act, the recording to the subject of the encounter 
12 captured on the recording or to the subject's attorney, or 
13 the officer or his or her legal representative.
14 For the purposes of paragraph (1) of this subsection (b), 
15the subject of the encounter does not have a reasonable 
16expectation of privacy if the subject was arrested as a result 
17of the encounter. For purposes of subparagraph (A) of 
18paragraph (1) of this subsection (b), "witness" does not 
19include a person who is a victim or who was arrested as a 
20result of the encounter.

21 Only recordings or portions of recordings responsive to 
22the request shall be available for inspection or reproduction. 
23Any recording disclosed under the Freedom of Information Act 
24shall be redacted to remove identification of any person that 
25appears on the recording and is not the officer, a subject of 
26the encounter, or directly involved in the encounter. Nothing 
 
 
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1in this subsection (b) shall require the disclosure of any 
2recording or portion of any recording which would be exempt 
3from disclosure under the Freedom of Information Act.
4 (c) Nothing in this Section shall limit access to a camera 
5recording for the purposes of complying with Supreme Court 
6rules or the rules of evidence.

7(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
8102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)

9 Section 10. The Law Enforcement Camera Grant Act is 
10amended by changing Sections 5 and 10 as follows:

11 (50 ILCS 707/5)
12 Sec. 5. Definitions. As used in this Act:
13 "Board" means the Illinois Law Enforcement Training 
14Standards Board
created by the Illinois Police Training Act.
15 "In-car video camera" means a video camera located in a 
16law enforcement patrol vehicle.
17 "In-car video camera recording equipment" means a video 
18camera recording system located in a law enforcement patrol 
19vehicle consisting of a camera assembly, recording mechanism, 
20and an in-car video recording medium. 
21 "In uniform" means a law enforcement officer who is 
22wearing any officially authorized uniform designated by a law 
23enforcement agency, or a law enforcement officer who is 
24visibly wearing articles of clothing, badge, tactical gear, 
 
 
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1gun belt, a patch, or other insignia indicating that he or she 
2is a law enforcement officer acting in the course of his or her 
3duties. 
4 "Law enforcement officer" or "officer" means any person 
5employed by a
unit of local government county, municipality, 
6township, or an Illinois public university as a policeman, 
7peace officer, or in some
like position involving the 
8enforcement of the law and protection of the
public interest 
9at the risk of that person's life.
10 "Officer-worn body camera" means an electronic camera 
11system for creating, generating, sending, receiving, storing, 
12displaying, and processing audiovisual recordings that may be 
13worn about the person of a law enforcement officer.
14 "Recording" means the process of capturing data or 
15information stored on a recording medium as required under 
16this Act.
17 "Recording medium" means any recording medium authorized 
18by the Board for the retention and playback of recorded audio 
19and video including, but not limited to, VHS, DVD, hard drive, 
20cloud storage, solid state, digital, flash memory technology, 
21or any other electronic medium.

22 "Unit of local government" has the meaning ascribed to it 
23in Section 1 of Article VII of the Illinois Constitution. 
24(Source: P.A. 102-16, eff. 6-17-21.)

25 (50 ILCS 707/10)
 
 
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1 Sec. 10. Law Enforcement Camera Grant Fund; creation, 
2rules. 
3 (a) The Law Enforcement Camera Grant Fund is created as a 
4special fund in the State treasury. From appropriations to the 
5Board from the Fund, the Board must make grants to units of 
6local government in Illinois and Illinois public universities 
7for the purpose of (1) purchasing in-car video cameras for use 
8in law enforcement vehicles, (2) purchasing officer-worn body 
9cameras and associated technology for law enforcement 
10officers, including covering associated data storage costs, 
11and (3) training for law enforcement officers in the operation 
12of the cameras.
13 Moneys received for the purposes of this Section, 
14including, without limitation, fee receipts and gifts, grants, 
15and awards from any public or private entity, must be 
16deposited into the Fund. Any interest earned on moneys in the 
17Fund must be deposited into the Fund.
18 (b) The Board may set requirements for the distribution of 
19grant moneys and determine which law enforcement agencies are 
20eligible.
21 (b-5) The Board shall consider compliance with the Uniform 
22Crime Reporting Act as a factor in awarding grant moneys.
23 (c) (Blank).
24 (d) (Blank).
25 (e) (Blank).

26 (f) (Blank).
 
 
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1 (g) (Blank).
2 (h) (Blank).
3(Source: P.A. 102-16, eff. 6-17-21.)


4 Section 99. Effective date. This Act takes effect upon 
5becoming law.".