| 
 |  | 10200HB4608sam002 | - 2 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | satisfactory completion of a training program of
similar  | 
| 2 |  | content and number of hours and which course has been found  | 
| 3 |  | acceptable
by the Board under the provisions of this Act; or a  | 
| 4 |  | training waiver by reason of extensive prior
law enforcement  | 
| 5 |  | or county corrections experience, whether or not such  | 
| 6 |  | experience was obtained by employment by this State or any  | 
| 7 |  | local governmental agency, the basic training requirement
is  | 
| 8 |  | determined by the Board to be illogical and unreasonable.  | 
| 9 |  | Within 60 days after the effective date of this amendatory Act  | 
| 10 |  | of the 102nd General Assembly, the Board shall adopt uniform  | 
| 11 |  | rules providing for a waiver process for a person previously  | 
| 12 |  | employed and qualified as a law enforcement or county  | 
| 13 |  | corrections officer under federal law or the laws of any other  | 
| 14 |  | state. The rules shall provide that any person previously  | 
| 15 |  | employed or qualified as a law enforcement or county  | 
| 16 |  | corrections officer under federal law or the laws of any other  | 
| 17 |  | state shall successfully complete:
 | 
| 18 |  |   (1) a training program approved by the Board on the  | 
| 19 |  |  laws of this State relevant to the duties of law  | 
| 20 |  |  enforcement and county correctional officers; and | 
| 21 |  |   (2) firearms training, prior to the approval of a  | 
| 22 |  |  waiver.  | 
| 23 |  |  If such training is required and not completed within the  | 
| 24 |  | applicable 6
months, then the officer must forfeit the  | 
| 25 |  | officer's position, or the employing agency
must obtain a  | 
| 26 |  | waiver from the Board extending the period for
compliance.  | 
     | 
 |  | 10200HB4608sam002 | - 3 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | Such waiver shall be issued only for good and justifiable
 | 
| 2 |  | reasons, and in no case shall extend more than 90 days beyond  | 
| 3 |  | the
initial 6 months. Any hiring agency that fails to train a  | 
| 4 |  | law enforcement officer within this period shall be prohibited  | 
| 5 |  | from employing this individual in a law enforcement capacity  | 
| 6 |  | for one year from the date training was to be completed. If an  | 
| 7 |  | agency again fails to train the individual a second time, the  | 
| 8 |  | agency shall be permanently barred from employing this  | 
| 9 |  | individual in a law enforcement capacity.
 | 
| 10 |  |  An individual who is not certified by the Board or whose  | 
| 11 |  | certified status is inactive shall not function as a law  | 
| 12 |  | enforcement officer, be assigned the duties of a law  | 
| 13 |  | enforcement officer by an employing agency, or be authorized  | 
| 14 |  | to carry firearms under the authority of the employer, except  | 
| 15 |  | as otherwise authorized to carry a firearm under State or  | 
| 16 |  | federal law. Sheriffs who are elected as of January 1, 2022  | 
| 17 |  | (the effective date of Public Act 101-652) this amendatory Act  | 
| 18 |  | of the 101st General Assembly, are exempt from the requirement  | 
| 19 |  | of certified status. Failure to be certified in accordance  | 
| 20 |  | with this Act shall cause the officer to forfeit the officer's  | 
| 21 |  | position. | 
| 22 |  |  An employing agency may not grant a person status as a law  | 
| 23 |  | enforcement officer unless the person has been granted an  | 
| 24 |  | active law enforcement officer certification by the Board. | 
| 25 |  |  (b) Inactive status. A person who has an inactive law  | 
| 26 |  | enforcement officer certification has no law enforcement  | 
     | 
 |  | 10200HB4608sam002 | - 4 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | authority. | 
| 2 |  |   (1) A law enforcement officer's certification becomes  | 
| 3 |  |  inactive upon termination, resignation, retirement, or  | 
| 4 |  |  separation from the officer's employing law enforcement  | 
| 5 |  |  agency for any reason. The Board shall re-activate a  | 
| 6 |  |  certification upon written application from the law  | 
| 7 |  |  enforcement officer's law enforcement agency that shows  | 
| 8 |  |  the law enforcement officer: (i) has accepted a full-time  | 
| 9 |  |  law enforcement position with that law enforcement agency,  | 
| 10 |  |  (ii) is not the subject of a decertification proceeding,  | 
| 11 |  |  and (iii) meets all other criteria for re-activation  | 
| 12 |  |  required by the Board. The Board may also establish  | 
| 13 |  |  special training requirements to be completed as a  | 
| 14 |  |  condition for re-activation. | 
| 15 |  |   The Board shall review a notice for reactivation from  | 
| 16 |  |  a law enforcement agency and provide a response within 30  | 
| 17 |  |  days. The Board may extend this review. A law enforcement  | 
| 18 |  |  officer shall be allowed to be employed as a full-time law  | 
| 19 |  |  enforcement officer while the law enforcement officer  | 
| 20 |  |  reactivation waiver is under review.  | 
| 21 |  |   A law enforcement officer who is refused reactivation  | 
| 22 |  |  or an employing agency of a law enforcement officer who is  | 
| 23 |  |  refused reactivation under this Section may request a  | 
| 24 |  |  hearing in accordance with the hearing procedures as  | 
| 25 |  |  outlined in subsection (h) of Section 6.3 of this Act. | 
| 26 |  |   The Board may refuse to re-activate the certification  | 
     | 
 |  | 10200HB4608sam002 | - 5 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  of a law enforcement officer who was involuntarily  | 
| 2 |  |  terminated for good cause by an employing agency for  | 
| 3 |  |  conduct subject to decertification under this Act or  | 
| 4 |  |  resigned or retired after receiving notice of a law  | 
| 5 |  |  enforcement agency's investigation. | 
| 6 |  |   (2) A law enforcement agency may place an officer who  | 
| 7 |  |  is currently certified on inactive status by sending a  | 
| 8 |  |  written request to the Board. A law enforcement officer  | 
| 9 |  |  whose certificate has been placed on inactive status shall  | 
| 10 |  |  not function as a law enforcement officer until the  | 
| 11 |  |  officer has completed any requirements for reactivating  | 
| 12 |  |  the certificate as required by the Board. A request for  | 
| 13 |  |  inactive status in this subsection shall be in writing,  | 
| 14 |  |  accompanied by verifying documentation, and shall be  | 
| 15 |  |  submitted to the Board with a copy to the chief  | 
| 16 |  |  administrator of the law enforcement officer's current or  | 
| 17 |  |  new employing agency. | 
| 18 |  |   (3) Certification that has become inactive under  | 
| 19 |  |  paragraph (2) of this subsection (b), shall be reactivated  | 
| 20 |  |  by written notice from the law enforcement officer's  | 
| 21 |  |  agency upon a showing that the law enforcement officer is:  | 
| 22 |  |  (i) is employed in a full-time law enforcement position  | 
| 23 |  |  with the same law enforcement agency, (ii) is not the  | 
| 24 |  |  subject of a decertification proceeding, and (iii) meets  | 
| 25 |  |  all other criteria for re-activation required by the  | 
| 26 |  |  Board. | 
     | 
 |  | 10200HB4608sam002 | - 6 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |   (4) Notwithstanding paragraph (3) of this subsection  | 
| 2 |  |  (b), a law enforcement officer whose certification has  | 
| 3 |  |  become inactive under paragraph (2) may have the officer's  | 
| 4 |  |  employing agency submit a request for a waiver of training  | 
| 5 |  |  requirements to the Board in writing and accompanied by  | 
| 6 |  |  any verifying documentation.. A grant of a waiver is  | 
| 7 |  |  within the discretion of the Board. Within 7 days of  | 
| 8 |  |  receiving a request for a waiver under this Section  | 
| 9 |  |  section, the Board shall notify the law enforcement  | 
| 10 |  |  officer and the chief administrator of the law enforcement  | 
| 11 |  |  officer's employing agency, whether the request has been  | 
| 12 |  |  granted, denied, or if the Board will take additional time  | 
| 13 |  |  for information. A law enforcement agency, whose request  | 
| 14 |  |  for a waiver under this subsection is denied, is entitled  | 
| 15 |  |  to request a review of the denial by the Board. The law  | 
| 16 |  |  enforcement agency must request a review within 20 days of  | 
| 17 |  |  the waiver being denied. The burden of proof shall be on  | 
| 18 |  |  the law enforcement agency to show why the law enforcement  | 
| 19 |  |  officer is entitled to a waiver of the legislatively  | 
| 20 |  |  required training and eligibility requirements.  | 
| 21 |  |  (c) No provision
of this Section shall be construed to  | 
| 22 |  | mean that a county corrections
officer employed by a  | 
| 23 |  | governmental agency at the time of the
effective date of this  | 
| 24 |  | amendatory Act, either as a probationary
county corrections  | 
| 25 |  | officer or as a permanent county corrections officer, shall
 | 
| 26 |  | require certification under the provisions of this Section. No  | 
     | 
 |  | 10200HB4608sam002 | - 7 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | provision of
this Section shall be construed to apply to  | 
| 2 |  | certification of elected county
sheriffs.
 | 
| 3 |  |  (d) Within 14 days, a law enforcement officer shall report  | 
| 4 |  | to the Board: (1) any name change; (2) any change in  | 
| 5 |  | employment; or (3) the filing of any criminal indictment or  | 
| 6 |  | charges against the officer alleging that the officer  | 
| 7 |  | committed any offense as enumerated in Section 6.1 of this  | 
| 8 |  | Act. | 
| 9 |  |  (e) All law enforcement officers must report the  | 
| 10 |  | completion of the training requirements required in this Act  | 
| 11 |  | in compliance with Section 8.4 of this Act. | 
| 12 |  |  (e-1) Each employing law enforcement agency shall allow  | 
| 13 |  | and provide an opportunity for a law enforcement officer to  | 
| 14 |  | complete the mandated requirements in this Act. All mandated  | 
| 15 |  | training shall will be provided for at no cost to the  | 
| 16 |  | employees. Employees shall be paid for all time spent  | 
| 17 |  | attending mandated training.  | 
| 18 |  |  (e-2) Each agency, academy, or training provider shall  | 
| 19 |  | maintain proof of a law enforcement officer's completion of  | 
| 20 |  | legislatively required training in a format designated by the  | 
| 21 |  | Board. The report of training shall be submitted to the Board  | 
| 22 |  | within 30 days following completion of the training. A copy of  | 
| 23 |  | the report shall be submitted to the law enforcement officer.  | 
| 24 |  | Upon receipt of a properly completed report of training, the  | 
| 25 |  | Board will make the appropriate entry into the training  | 
| 26 |  | records of the law enforcement officer.  | 
     | 
 |  | 10200HB4608sam002 | - 8 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  (f) This Section does not apply to part-time law  | 
| 2 |  | enforcement officers or
probationary part-time law enforcement  | 
| 3 |  | officers.
 | 
| 4 |  |  (g) Notwithstanding any provision of law to the contrary,  | 
| 5 |  | the changes made to this Section by this amendatory Act of the  | 
| 6 |  | 102nd General Assembly, Public Act 101-652, and Public Act  | 
| 7 |  | 102-28, and Public Act 102-694 take effect July 1, 2022.  | 
| 8 |  | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;  | 
| 9 |  | 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
 | 
| 10 |  |  Section 10. The Law Enforcement Officer-Worn Body Camera  | 
| 11 |  | Act is amended by changing Sections 10-10 and 10-20 as  | 
| 12 |  | follows:
 | 
| 13 |  |  (50 ILCS 706/10-10)
 | 
| 14 |  |  Sec. 10-10. Definitions. As used in this Act: | 
| 15 |  |  "Badge" means an officer's department issued  | 
| 16 |  | identification number associated with his or her position as a  | 
| 17 |  | police officer with that department. | 
| 18 |  |  "Board" means the Illinois Law Enforcement Training  | 
| 19 |  | Standards Board created by the Illinois Police Training Act. | 
| 20 |  |  "Business offense" means a petty offense for which the  | 
| 21 |  | fine is in excess of $1,000. | 
| 22 |  |  "Community caretaking function" means a task undertaken by  | 
| 23 |  | a law enforcement officer in which the officer is performing  | 
| 24 |  | an articulable act unrelated to the investigation of a crime.  | 
     | 
 |  | 10200HB4608sam002 | - 9 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | "Community caretaking function" includes, but is not limited  | 
| 2 |  | to, participating in town halls or other community outreach,  | 
| 3 |  | helping a child find his or her parents, providing death  | 
| 4 |  | notifications, and performing in-home or hospital well-being  | 
| 5 |  | checks on the sick, elderly, or persons presumed missing.  | 
| 6 |  | "Community caretaking function" excludes law  | 
| 7 |  | enforcement-related encounters or activities.  | 
| 8 |  |  "Fund" means the Law Enforcement Camera Grant Fund.
 | 
| 9 |  |  "In uniform" means a law enforcement officer who is  | 
| 10 |  | wearing any officially authorized uniform designated by a law  | 
| 11 |  | enforcement agency, or a law enforcement officer who is  | 
| 12 |  | visibly wearing articles of clothing, a badge, tactical gear,  | 
| 13 |  | gun belt, a patch, or other insignia that he or she is a law  | 
| 14 |  | enforcement officer acting in the course of his or her duties. | 
| 15 |  |  "Law enforcement officer" or "officer" means any person  | 
| 16 |  | employed by a State, county, municipality, special district,  | 
| 17 |  | college, unit of government, or any other entity authorized by  | 
| 18 |  | law to employ peace officers or exercise police authority and  | 
| 19 |  | who is primarily responsible for the prevention or detection  | 
| 20 |  | of crime and the enforcement of the laws of this State. | 
| 21 |  |  "Law enforcement agency" means all State agencies with law  | 
| 22 |  | enforcement officers, county sheriff's offices, municipal,  | 
| 23 |  | special district, college, or unit of local government police  | 
| 24 |  | departments. | 
| 25 |  |  "Law enforcement-related encounters or activities"  | 
| 26 |  | include, but are not limited to, traffic stops, pedestrian  | 
     | 
 |  | 10200HB4608sam002 | - 10 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | stops, arrests, searches, interrogations, investigations,  | 
| 2 |  | pursuits, crowd control, traffic control, non-community  | 
| 3 |  | caretaking interactions with an individual while on patrol, or  | 
| 4 |  | any other instance in which the officer is enforcing the laws  | 
| 5 |  | of the municipality, county, or State. "Law  | 
| 6 |  | enforcement-related encounter or activities" does not include  | 
| 7 |  | when the officer is completing paperwork alone, is  | 
| 8 |  | participating in training in a classroom setting, or is only  | 
| 9 |  | in the presence of another law enforcement officer or officers  | 
| 10 |  | while not performing any other law enforcement-related  | 
| 11 |  | activity. | 
| 12 |  |  "Minor traffic offense" means a petty offense, business  | 
| 13 |  | offense, or Class C misdemeanor under the Illinois Vehicle  | 
| 14 |  | Code or a similar provision of a municipal or local ordinance. | 
| 15 |  |  "Officer-worn body camera" means an electronic camera  | 
| 16 |  | system for creating, generating, sending, receiving, storing,  | 
| 17 |  | displaying, and processing audiovisual recordings that may be  | 
| 18 |  | worn about the person of a law enforcement officer. | 
| 19 |  |  "Peace officer" has the meaning provided in Section 2-13  | 
| 20 |  | of the Criminal Code of 2012. | 
| 21 |  |  "Petty offense" means any offense for which a sentence of  | 
| 22 |  | imprisonment is not an authorized disposition. | 
| 23 |  |  "Recording" means the process of capturing data or  | 
| 24 |  | information stored on a recording medium as required under  | 
| 25 |  | this Act.
 | 
| 26 |  |  "Recording medium" means any recording medium authorized  | 
     | 
 |  | 10200HB4608sam002 | - 11 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | by the Board for the retention and playback of recorded audio  | 
| 2 |  | and video including, but not limited to, VHS, DVD, hard drive,  | 
| 3 |  | cloud storage, solid state, digital, flash memory technology,  | 
| 4 |  | or any other electronic medium.
 | 
| 5 |  | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 | 
| 6 |  |  (50 ILCS 706/10-20) | 
| 7 |  |  Sec. 10-20. Requirements.  | 
| 8 |  |  (a) The Board shall develop basic guidelines for the use  | 
| 9 |  | of officer-worn body cameras by law enforcement agencies. The  | 
| 10 |  | guidelines developed by the Board shall be the basis for the  | 
| 11 |  | written policy which must be adopted by each law enforcement  | 
| 12 |  | agency which employs the use of officer-worn body cameras. The  | 
| 13 |  | written policy adopted by the law enforcement agency must  | 
| 14 |  | include, at a minimum, all of the following: | 
| 15 |  |   (1) Cameras must be equipped with pre-event recording,  | 
| 16 |  |  capable of recording at least the 30 seconds prior to  | 
| 17 |  |  camera activation, unless the officer-worn body camera was  | 
| 18 |  |  purchased and acquired by the law enforcement agency prior  | 
| 19 |  |  to July 1, 2015. | 
| 20 |  |   (2) Cameras must be capable of recording for a period  | 
| 21 |  |  of 10 hours or more, unless the officer-worn body camera  | 
| 22 |  |  was purchased and acquired by the law enforcement agency  | 
| 23 |  |  prior to July 1, 2015. | 
| 24 |  |   (3) Cameras must be turned on at all times when the  | 
| 25 |  |  officer is in uniform and is responding to calls for  | 
     | 
 |  | 10200HB4608sam002 | - 12 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  service or engaged in any law enforcement-related  | 
| 2 |  |  encounter or activity that occurs while the officer is on  | 
| 3 |  |  duty. | 
| 4 |  |    (A) If exigent circumstances exist which prevent  | 
| 5 |  |  the camera from being turned on, the camera must be  | 
| 6 |  |  turned on as soon as practicable. | 
| 7 |  |    (B) Officer-worn body cameras may be turned off  | 
| 8 |  |  when the officer is inside of a patrol car which is  | 
| 9 |  |  equipped with a functioning in-car camera; however,  | 
| 10 |  |  the officer must turn on the camera upon exiting the  | 
| 11 |  |  patrol vehicle for law enforcement-related encounters. | 
| 12 |  |    (C) Officer-worn body cameras may be turned off  | 
| 13 |  |  when the officer is inside a correctional facility or  | 
| 14 |  |  courthouse which is equipped with a functioning camera  | 
| 15 |  |  system.  | 
| 16 |  |   (4) Cameras must be turned off when:
 | 
| 17 |  |    (A) the victim of a crime requests that the camera  | 
| 18 |  |  be turned off, and unless impractical or impossible,  | 
| 19 |  |  that request is made on the recording; | 
| 20 |  |    (B) a witness of a crime or a community member who  | 
| 21 |  |  wishes to report a crime requests that the camera be  | 
| 22 |  |  turned off, and unless impractical or impossible that  | 
| 23 |  |  request is made on the recording;
 | 
| 24 |  |    (C) the officer is interacting with a confidential  | 
| 25 |  |  informant used by the law enforcement agency; or | 
| 26 |  |    (D) an officer of the Department of Revenue enters  | 
     | 
 |  | 10200HB4608sam002 | - 13 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  a Department of Revenue facility or conducts an  | 
| 2 |  |  interview during which return information will be  | 
| 3 |  |  discussed or visible.  | 
| 4 |  |   However, an officer may continue to record or resume  | 
| 5 |  |  recording a victim or a witness, if exigent circumstances  | 
| 6 |  |  exist, or if the officer has reasonable articulable  | 
| 7 |  |  suspicion that a victim or witness, or confidential  | 
| 8 |  |  informant has committed or is in the process of committing  | 
| 9 |  |  a crime. Under these circumstances, and unless impractical  | 
| 10 |  |  or impossible, the officer must indicate on the recording  | 
| 11 |  |  the reason for continuing to record despite the request of  | 
| 12 |  |  the victim or witness. | 
| 13 |  |   (4.5) Cameras may be turned off when the officer is  | 
| 14 |  |  engaged in community caretaking functions. However, the  | 
| 15 |  |  camera must be turned on when the officer has reason to  | 
| 16 |  |  believe that the person on whose behalf the officer is  | 
| 17 |  |  performing a community caretaking function has committed  | 
| 18 |  |  or is in the process of committing a crime. If exigent  | 
| 19 |  |  circumstances exist which prevent the camera from being  | 
| 20 |  |  turned on, the camera must be turned on as soon as  | 
| 21 |  |  practicable. | 
| 22 |  |   (5) The officer must provide notice of recording to  | 
| 23 |  |  any person if the person has a reasonable expectation of  | 
| 24 |  |  privacy and proof of notice must be evident in the  | 
| 25 |  |  recording.
If exigent circumstances exist which prevent  | 
| 26 |  |  the officer from providing notice, notice must be provided  | 
     | 
 |  | 10200HB4608sam002 | - 14 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  as soon as practicable. | 
| 2 |  |   (6) (A) For the purposes of redaction, labeling, or  | 
| 3 |  |  duplicating recordings, access to camera recordings shall  | 
| 4 |  |  be restricted to only those personnel responsible for  | 
| 5 |  |  those purposes. The recording officer or his or her  | 
| 6 |  |  supervisor may not redact, label, duplicate or otherwise  | 
| 7 |  |  alter the recording officer's camera recordings. Except as  | 
| 8 |  |  otherwise provided in this Section, the recording officer  | 
| 9 |  |  and his or her supervisor may access and review recordings  | 
| 10 |  |  prior to completing incident reports or other  | 
| 11 |  |  documentation, provided that the supervisor discloses that  | 
| 12 |  |  fact in the report or documentation. | 
| 13 |  |    (i) A law enforcement officer shall not have  | 
| 14 |  |  access to or review his or her body-worn
camera  | 
| 15 |  |  recordings or the body-worn camera recordings of  | 
| 16 |  |  another officer prior to completing incident reports  | 
| 17 |  |  or other documentation when the officer:  | 
| 18 |  |     (a) has been involved in or is a witness to an  | 
| 19 |  |  officer-involved shooting, use of deadly force  | 
| 20 |  |  incident, or use of force incidents resulting in  | 
| 21 |  |  great bodily harm; | 
| 22 |  |     (b) is ordered to write a report in response  | 
| 23 |  |  to or during the investigation of a misconduct  | 
| 24 |  |  complaint against the officer. | 
| 25 |  |    (ii) If the officer subject to subparagraph (i)  | 
| 26 |  |  prepares a report, any report shall be prepared  | 
     | 
 |  | 10200HB4608sam002 | - 15 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  without viewing body-worn camera recordings, and  | 
| 2 |  |  subject to supervisor's approval, officers may file  | 
| 3 |  |  amendatory reports after viewing body-worn camera  | 
| 4 |  |  recordings. Supplemental reports under this provision  | 
| 5 |  |  shall also contain documentation regarding access to  | 
| 6 |  |  the video footage.  | 
| 7 |  |    (B) The recording officer's assigned field  | 
| 8 |  |  training officer may access and review recordings for  | 
| 9 |  |  training purposes. Any detective or investigator  | 
| 10 |  |  directly involved in the investigation of a matter may  | 
| 11 |  |  access and review recordings which pertain to that  | 
| 12 |  |  investigation but may not have access to delete or  | 
| 13 |  |  alter such recordings.  | 
| 14 |  |   (7) Recordings made on officer-worn cameras must be  | 
| 15 |  |  retained by the law enforcement agency or by the camera  | 
| 16 |  |  vendor used by the agency, on a recording medium for a  | 
| 17 |  |  period of 90 days. | 
| 18 |  |    (A) Under no circumstances shall any recording,  | 
| 19 |  |  except for a non-law enforcement related activity or  | 
| 20 |  |  encounter, made with an officer-worn body camera be  | 
| 21 |  |  altered, erased, or destroyed prior to the expiration  | 
| 22 |  |  of the 90-day storage period.
In the event any  | 
| 23 |  |  recording made with an officer-worn body camera is  | 
| 24 |  |  altered, erased, or destroyed prior to the expiration  | 
| 25 |  |  of the 90-day storage period, the law enforcement  | 
| 26 |  |  agency shall maintain, for a period of one year, a  | 
     | 
 |  | 10200HB4608sam002 | - 16 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  written record including (i) the name of the  | 
| 2 |  |  individual who made such alteration, erasure, or  | 
| 3 |  |  destruction, and (ii) the reason for any such  | 
| 4 |  |  alteration, erasure, or destruction.  | 
| 5 |  |    (B) Following the 90-day storage period, any and  | 
| 6 |  |  all recordings made with an officer-worn body camera  | 
| 7 |  |  must be destroyed, unless any encounter captured on  | 
| 8 |  |  the recording has been flagged. An encounter is deemed  | 
| 9 |  |  to be flagged when:
 | 
| 10 |  |     (i) a formal or informal complaint has been  | 
| 11 |  |  filed; | 
| 12 |  |     (ii) the officer discharged his or her firearm  | 
| 13 |  |  or used force during the encounter;
 | 
| 14 |  |     (iii) death or great bodily harm occurred to  | 
| 15 |  |  any person in the recording;
 | 
| 16 |  |     (iv) the encounter resulted in a detention or  | 
| 17 |  |  an arrest, excluding traffic stops which resulted  | 
| 18 |  |  in only a minor traffic offense or business  | 
| 19 |  |  offense; | 
| 20 |  |     (v) the officer is the subject of an internal  | 
| 21 |  |  investigation or otherwise being investigated for  | 
| 22 |  |  possible misconduct;
 | 
| 23 |  |     (vi) the supervisor of the officer,  | 
| 24 |  |  prosecutor, defendant, or court determines that  | 
| 25 |  |  the encounter has evidentiary value in a criminal  | 
| 26 |  |  prosecution; or | 
     | 
 |  | 10200HB4608sam002 | - 17 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |     (vii) the recording officer requests that the  | 
| 2 |  |  video be flagged for official purposes related to  | 
| 3 |  |  his or her official duties or believes it may have  | 
| 4 |  |  evidentiary value in a criminal prosecution. | 
| 5 |  |    (C) Under no circumstances shall any recording  | 
| 6 |  |  made with an officer-worn body camera relating to a  | 
| 7 |  |  flagged encounter be altered or destroyed prior to 2  | 
| 8 |  |  years after the recording was flagged. If the flagged  | 
| 9 |  |  recording was used in a criminal, civil, or  | 
| 10 |  |  administrative proceeding, the recording shall not be  | 
| 11 |  |  destroyed except upon a final disposition and order  | 
| 12 |  |  from the court. | 
| 13 |  |    (D) Nothing in this Act prohibits law enforcement  | 
| 14 |  |  agencies from labeling officer-worn body camera video  | 
| 15 |  |  within the recording medium; provided that the  | 
| 16 |  |  labeling does not alter the actual recording of the  | 
| 17 |  |  incident captured on the officer-worn body camera. The  | 
| 18 |  |  labels, titles, and tags shall not be construed as  | 
| 19 |  |  altering the officer-worn body camera video in any  | 
| 20 |  |  way.  | 
| 21 |  |   (8) Following the 90-day storage period, recordings  | 
| 22 |  |  may be retained if a supervisor at the law enforcement  | 
| 23 |  |  agency designates the recording for training purposes. If  | 
| 24 |  |  the recording is designated for training purposes, the  | 
| 25 |  |  recordings may be viewed by officers, in the presence of a  | 
| 26 |  |  supervisor or training instructor, for the purposes of  | 
     | 
 |  | 10200HB4608sam002 | - 18 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  instruction, training, or ensuring compliance with agency  | 
| 2 |  |  policies.
 | 
| 3 |  |   (9) Recordings shall not be used to discipline law  | 
| 4 |  |  enforcement officers unless: | 
| 5 |  |    (A) a formal or informal complaint of misconduct  | 
| 6 |  |  has been made; | 
| 7 |  |    (B) a use of force incident has occurred; | 
| 8 |  |    (C) the encounter on the recording could result in  | 
| 9 |  |  a formal investigation under the Uniform Peace  | 
| 10 |  |  Officers' Disciplinary Act; or | 
| 11 |  |    (D) as corroboration of other evidence of  | 
| 12 |  |  misconduct. | 
| 13 |  |   Nothing in this paragraph (9) shall be construed to  | 
| 14 |  |  limit or prohibit a law enforcement officer from being  | 
| 15 |  |  subject to an action that does not amount to discipline. | 
| 16 |  |   (10) The law enforcement agency shall ensure proper  | 
| 17 |  |  care and maintenance of officer-worn body cameras. Upon  | 
| 18 |  |  becoming aware, officers must as soon as practical  | 
| 19 |  |  document and notify the appropriate supervisor of any  | 
| 20 |  |  technical difficulties, failures, or problems with the  | 
| 21 |  |  officer-worn body camera or associated equipment. Upon  | 
| 22 |  |  receiving notice, the appropriate supervisor shall make  | 
| 23 |  |  every reasonable effort to correct and repair any of the  | 
| 24 |  |  officer-worn body camera equipment. | 
| 25 |  |   (11) No officer may hinder or prohibit any person, not  | 
| 26 |  |  a law enforcement officer, from recording a law  | 
     | 
 |  | 10200HB4608sam002 | - 19 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  enforcement officer in the performance of his or her  | 
| 2 |  |  duties in a public place or when the officer has no  | 
| 3 |  |  reasonable expectation of privacy.
The law enforcement  | 
| 4 |  |  agency's written policy shall indicate the potential  | 
| 5 |  |  criminal penalties, as well as any departmental  | 
| 6 |  |  discipline, which may result from unlawful confiscation or  | 
| 7 |  |  destruction of the recording medium of a person who is not  | 
| 8 |  |  a law enforcement officer. However, an officer may take  | 
| 9 |  |  reasonable action to maintain safety and control, secure  | 
| 10 |  |  crime scenes and accident sites, protect the integrity and  | 
| 11 |  |  confidentiality of investigations, and protect the public  | 
| 12 |  |  safety and order. | 
| 13 |  |  (b) Recordings made with the use of an officer-worn body  | 
| 14 |  | camera are not subject to disclosure under the Freedom of  | 
| 15 |  | Information Act, except that: | 
| 16 |  |   (1) if the subject of the encounter has a reasonable  | 
| 17 |  |  expectation of privacy, at the time of the recording, any  | 
| 18 |  |  recording which is flagged, due to the filing of a  | 
| 19 |  |  complaint, discharge of a firearm, use of force, arrest or  | 
| 20 |  |  detention, or resulting death or bodily harm, shall be  | 
| 21 |  |  disclosed in accordance with the Freedom of Information  | 
| 22 |  |  Act if: | 
| 23 |  |    (A) the subject of the encounter captured on the  | 
| 24 |  |  recording is a victim or witness; and | 
| 25 |  |    (B) the law enforcement agency obtains written  | 
| 26 |  |  permission of the subject or the subject's legal  | 
     | 
 |  | 10200HB4608sam002 | - 20 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  |  representative; | 
| 2 |  |   (2) except as provided in paragraph (1) of this  | 
| 3 |  |  subsection (b), any recording which is flagged due to the  | 
| 4 |  |  filing of a complaint, discharge of a firearm, use of  | 
| 5 |  |  force, arrest or detention, or resulting death or bodily  | 
| 6 |  |  harm shall be disclosed in accordance with the Freedom of  | 
| 7 |  |  Information Act; and | 
| 8 |  |   (3) upon request, the law enforcement agency shall  | 
| 9 |  |  disclose, in accordance with the Freedom of Information  | 
| 10 |  |  Act, the recording to the subject of the encounter  | 
| 11 |  |  captured on the recording or to the subject's attorney, or  | 
| 12 |  |  the officer or his or her legal representative. | 
| 13 |  |  For the purposes of paragraph (1) of this subsection (b),  | 
| 14 |  | the subject of the encounter does not have a reasonable  | 
| 15 |  | expectation of privacy if the subject was arrested as a result  | 
| 16 |  | of the encounter. For purposes of subparagraph (A) of  | 
| 17 |  | paragraph (1) of this subsection (b), "witness" does not  | 
| 18 |  | include a person who is a victim or who was arrested as a  | 
| 19 |  | result of the encounter.
 | 
| 20 |  |  Only recordings or portions of recordings responsive to  | 
| 21 |  | the request shall be available for inspection or reproduction.  | 
| 22 |  | Any recording disclosed under the Freedom of Information Act  | 
| 23 |  | shall be redacted to remove identification of any person that  | 
| 24 |  | appears on the recording and is not the officer, a subject of  | 
| 25 |  | the encounter, or directly involved in the encounter. Nothing  | 
| 26 |  | in this subsection (b) shall require the disclosure of any  | 
     | 
 |  | 10200HB4608sam002 | - 21 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | recording or portion of any recording which would be exempt  | 
| 2 |  | from disclosure under the Freedom of Information Act. | 
| 3 |  |  (c) Nothing in this Section shall limit access to a camera  | 
| 4 |  | recording for the purposes of complying with Supreme Court  | 
| 5 |  | rules or the rules of evidence.
 | 
| 6 |  | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;  | 
| 7 |  | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
 | 
| 8 |  |  Section 15. The Law Enforcement Camera Grant Act is  | 
| 9 |  | amended by changing Sections 5 and 10 as follows:
 | 
| 10 |  |  (50 ILCS 707/5) | 
| 11 |  |  Sec. 5. Definitions. As used in this Act: | 
| 12 |  |  "Board" means the Illinois Law Enforcement Training  | 
| 13 |  | Standards Board
created by the Illinois Police Training Act. | 
| 14 |  |  "In-car video camera" means a video camera located in a  | 
| 15 |  | law enforcement patrol vehicle. | 
| 16 |  |  "In-car video camera recording equipment" means a video  | 
| 17 |  | camera recording system located in a law enforcement patrol  | 
| 18 |  | vehicle consisting of a camera assembly, recording mechanism,  | 
| 19 |  | and an in-car video recording medium.  | 
| 20 |  |  "In uniform" means a law enforcement officer who is  | 
| 21 |  | wearing any officially authorized uniform designated by a law  | 
| 22 |  | enforcement agency, or a law enforcement officer who is  | 
| 23 |  | visibly wearing articles of clothing, badge, tactical gear,  | 
| 24 |  | gun belt, a patch, or other insignia indicating that he or she  | 
     | 
 |  | 10200HB4608sam002 | - 22 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | is a law enforcement officer acting in the course of his or her  | 
| 2 |  | duties.  | 
| 3 |  |  "Law enforcement officer" or "officer" means any person  | 
| 4 |  | employed by a
unit of local government county, municipality,  | 
| 5 |  | township, or an Illinois public university as a policeman,  | 
| 6 |  | peace officer, or in some
like position involving the  | 
| 7 |  | enforcement of the law and protection of the
public interest  | 
| 8 |  | at the risk of that person's life. | 
| 9 |  |  "Officer-worn body camera" means an electronic camera  | 
| 10 |  | system for creating, generating, sending, receiving, storing,  | 
| 11 |  | displaying, and processing audiovisual recordings that may be  | 
| 12 |  | worn about the person of a law enforcement officer. | 
| 13 |  |  "Recording" means the process of capturing data or  | 
| 14 |  | information stored on a recording medium as required under  | 
| 15 |  | this Act. | 
| 16 |  |  "Recording medium" means any recording medium authorized  | 
| 17 |  | by the Board for the retention and playback of recorded audio  | 
| 18 |  | and video including, but not limited to, VHS, DVD, hard drive,  | 
| 19 |  | cloud storage, solid state, digital, flash memory technology,  | 
| 20 |  | or any other electronic medium.
 | 
| 21 |  |  "Unit of local government" has the meaning ascribed to it  | 
| 22 |  | in Section 1 of Article VII of the Illinois Constitution.  | 
| 23 |  | (Source: P.A. 102-16, eff. 6-17-21.)
 | 
| 24 |  |  (50 ILCS 707/10) | 
| 25 |  |  Sec. 10. Law Enforcement Camera Grant Fund; creation,  | 
     | 
 |  | 10200HB4608sam002 | - 23 - | LRB102 23307 AWJ 38906 a |  
  | 
| 
 | 
| 1 |  | rules.  | 
| 2 |  |  (a) The Law Enforcement Camera Grant Fund is created as a  | 
| 3 |  | special fund in the State treasury. From appropriations to the  | 
| 4 |  | Board from the Fund, the Board must make grants to units of  | 
| 5 |  | local government in Illinois and Illinois public universities  | 
| 6 |  | for the purpose of (1) purchasing in-car video cameras for use  | 
| 7 |  | in law enforcement vehicles, (2) purchasing officer-worn body  | 
| 8 |  | cameras and associated technology for law enforcement  | 
| 9 |  | officers, including covering associated data storage costs,  | 
| 10 |  | and (3) training for law enforcement officers in the operation  | 
| 11 |  | of the cameras. | 
| 12 |  |  Moneys received for the purposes of this Section,  | 
| 13 |  | including, without limitation, fee receipts and gifts, grants,  | 
| 14 |  | and awards from any public or private entity, must be  | 
| 15 |  | deposited into the Fund. Any interest earned on moneys in the  | 
| 16 |  | Fund must be deposited into the Fund. | 
| 17 |  |  (b) The Board may set requirements for the distribution of  | 
| 18 |  | grant moneys and determine which law enforcement agencies are  | 
| 19 |  | eligible. | 
| 20 |  |  (b-5) The Board shall consider compliance with the Uniform  | 
| 21 |  | Crime Reporting Act as a factor in awarding grant moneys. | 
| 22 |  |  (c) (Blank). | 
| 23 |  |  (d) (Blank). | 
| 24 |  |  (e) (Blank).
 | 
| 25 |  |  (f) (Blank). | 
| 26 |  |  (g) (Blank). |