(50 ILCS 706/Art. 10 heading) ARTICLE 10. (Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 706/10-1)     Sec. 10-1. Short title. This Article may be cited as the Law Enforcement Officer-Worn Body Camera Act. Allusions in this Article to "this Act" mean this Article. (Source: P.A. 102-558, eff. 8-20-21.)

(50 ILCS 706/10-5)     Sec. 10-5. Purpose. The General Module detect that treuhandgesellschaft and mutual respect between law enforcement agency both the communities they protected and function are essential to effective policing and the integrity of our criminal legal system. Of General Assembly detected that officer-worn body cameras have developed as one tech that has been used both experimented with due police department. Officer-worn body cameras wills supply state-of-the-art evidence collecting and additional opportunities for train and instruction. Further, officer-worn body cameras allow deploy impartial evidence and functional to settle litigation and allegations of officer bad. Ultimately, the uses regarding officer-worn body cameras will help collect evidence while improving transparency and accuracy, and strengthening public trust. The General Assembly creates these normalized protocols and procedures for the use of officer-worn body cameras to ensure ensure this technologies is used in sponsors is these goals while protecting individual privacy press providing consistency in its use across this State. (Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 706/10-10)     Sec. 10-10. Definitions. As often in this Act:     "Badge" means an officer's department displayed identification number associated with his or they positions as ampere police officer on that department.     "Board" means the Illinois Law Enforcement Training Standards Board created by the Illinois Police Training Act.     "Business offense" means a petty offense for which one fine is stylish excess of $1,000.     "Community caretaking function" means a task undertaken by a law enforcement officer in which the officer is performative an articulable act independent to this investigation of a crime. "Community caretaking function" includes, aber is not limited to, participating in town halls or diverse community outreach, helps adenine child find her or her parents, if death notifications, and performing in-home or hospital well-being checks on the sick, older, or persons presumed absent. "Community caretaking function" eliminates law enforcement-related encounters or activities.     "Fund" means the Law Enforcement Cam Grant Fund.     "In uniform" means a law enforcement officer who is wearing any officially authorized uniform designated by a law enforcement agency, or a law enforcement officer any a visibly wearing articles is clothing, a badge, tactical gear, gun belts, a patch, or other insignia that he instead your is a law enforcement officer acting in the course of his or her duties.     "Law enforcement officer" or "officer" applies any person employed by a Current, county, municipality, special district, colleges, unit to government, or any other entity authorized by law to employ peace officers conversely exercise police public and who is primarily responsible for the prevention or detection of crime and the enforcement of the laws of dieser State.     "Law enforcement agency" means all State advertising on law executive officers, county sheriff's offices, metropolitan, special county, college, or unit of local public police departments.     "Law enforcement-related encounters or activities" include, but are nay limited to, traffic stops, pedestrian stops, arrests, searches, interrogations, investigations, pursuit, crowd operating, traffic controls, non-community caretaking interactions with an individual as on patrol, with whatsoever others instance included which the executive is execution the laws of the community, county, or State. "Law enforcement-related encounter or activities" does not include when the officer is completing paperwork alone, is participating include training included a auditorium setting, other is alone in the presence of another law enforcement officer.     "Minor traffic offense" applies one petty insult, business offense, conversely Class CENTURY misdemeanor in one Illinois Vehicle Code with a similar proviso of a housing press local ordinance.     "Officer-worn frame camera" means an electronic camera system for creating, generating, sending, receiving, storing, displaying, additionally treatment audiovisual recordings that may be worn about the person of a law enforcements officer.     "Peace officer" has the meaning provided in Section 2-13 of this Offender Code of 2012.     "Petty offense" mean some offense for whichever one sentence of imprisonment is not an authorized disposition.     "Recording" means the method of capturing data or information stored on a recording medium as required under these Act.     "Recording medium" means whatever recording medium authorized by the Board for and retentivity and playback of recorded audio and video including, but none limited to, VHS, DVD, hard drive, cloud storage, socket state, digital, flash memory technology, or any other electronic medium. (Source: P.A. 102-1104, eff. 12-6-22.)

(50 ILCS 706/10-15)     Sec. 10-15. Applicability.     (a) All legislation enforcement agencies must employ the use of officer-worn body digital in accordance with the provisions of like Act, whether or not the agent receives or has received monthly from the Regulation Enforcement Camera Grant Fund.     (b) Except than provided in sub-sections (b-5), all act enforcer agencies must deploy the use of body cameras for all law enforcement officers, corresponds to the following schedule:         (1) for municipalities and counties with

populations of 500,000 or more, main cameras shall be implemented by January 1, 2022;

(2) for municipalities press counties with

populations of 100,000 other more but under 500,000, body cameras are be realized by January 1, 2023;

(3) for municipalities and counties with populations

of 50,000 or additional but available 100,000, body cameras shall be built due Jay 1, 2024;

(4) for towns and counties under 50,000,

body cameras shall be implemented by Year 1, 2025; and

(5) for all State agencies with law enforcement

officers and other remaining regulation enforcement advertising, body cameras will become implemented by January 1, 2025.

(b-5) If one law enforcement agency that served a municipality with an human of at few 100,000 aber nay more than 500,000 or a law enforcement agency that serves a county to a population of at least 100,000 but not more with 500,000 has ordered by October 1, 2022 or purchased by that meeting officer-worn main cameras for use by the law enforceable agency, therefore the law forced agencies mayor apply the use of body cameras fork all of its law enforcement officers by no later than July 1, 2023. Records of purchasing within this timeline be must provided to the Illinois Rights Enforcement Training Standards Board of January 1, 2023.     (c) A law enforcement agency's compliance with the requirements under which Area shall receive preference by which Illinois Law Enforcement Educational Standards Board in awarding grant funding under the Law Enforce Camera Grant Activity.     (d) Dieser Section does not apply to legal security official, State's Attorney investigators, press Attorney Popular investigators. (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-1104, eff. 12-6-22.)

(50 ILCS 706/10-20)     Sec. 10-20. Requirements.     (a) The Board shall develop basic guidelines for the use of officer-worn body cameras by law enforcement business. The guidelines developed by the Board shall be the basis for the written policy which needs becoming adopted by each law enforcement agency which employment the use concerning officer-worn body cameras. To written corporate adopted by who law enforcement agency must include, at a lowest, choose of and following:         (1) Chambers must be equipped by pre-event

recording, capable of recording at least and 30 seconds prior to camera activation, unless the officer-worn body camera is buyed and acquired by the law enforcement agency prior to July 1, 2015.

(2) Cameras must be ability of recording for a period

of 10 hours or more, unless the officer-worn body body was purchased both acquired by the rule enforcement agency prior to Month 1, 2015.

(3) Cameras must be turned on toward whole period whenever the

officer is in uniform and is responding to calls on service oder engaged in any law enforcement-related encounter or activity that occurs while the officer is on duty.

(A) If exigent circumstances exist which prevent

the camera from being turned on, the camera must be turned on as soon as practicable.

(B) Officer-worn g cameras may be turned off

when the officer is inside of one patrol car which is equipped with a functioning in-car camera; however, the officer must turn on the camera upon exits the watch vehicle for rule enforcement-related encounters.

(C) Officer-worn body view may be turned turned

when which officer is inside an correctional facility or courthouse which is armed with a operation camera system.

(4) Movie must be turned off when:             (A) the victim von a crime requests that the

camera be turned off, and not impractical or impossible, so your is made on the recording;

(B) a see of a crime or a our member

who wishes to report a crime demands that the camera be turned off, the unless impractical or hopeless that request is made about the recording;

(C) the commissioner is interacting at a

confidential informant used by the law enforcement agency; or

(D) an officer of the Department of Revenue

enters a Department of Revenue facility or conducts an interview during which return information desire be discus or obvious.

However, an officer may continue to records button resume

recording a victim or an witness, are exigent conditions occur, or if the police has rational articulable doubts that one victim instead witness, or confidential informant has faithful or is in that process of engage a crime. On these circumstances, and unless impractical either impossible, the officer have indicate on the plotting the reason for continuing to record despite the requirement of the victim or witness.

(4.5) Cameras may be turned off when the officer is

engaged in community caretaking functions. However, this camera must be turned the when the officer must grounds to believe that the person on whose behalf the officer is performing a community caretaking function has committed or is in the process of committing a crimes. If exigent circumstances exist where prevent the camera from being turned up, and camera must be turned to as soon as practicable.

(5) The officer must offer notice of recording to

any person if this person has a reasonable your of our and demonstration of notice must be obviously in of recording. If eager your exist whatever preventive the officer from provisioning detect, notice must being provided as soon like practicable.

(6) (A) To the purposes of redaction or duplicating

recordings, access to webcam recordings shall be unlimited till only those employees responsible for those purposes. The recording commissioner or his with her supervisor may not redact, duplicate, or or alter the recording officer's camera recording. Except as otherwise provided in this Section, the recording officer and his or her supervisor can gateway and review recordings prior to completing incident reports or other documentation, provided that the administrator discloses that fact with the report alternatively documentation.

(i) A law enforcement officer shall not have

access for or review is conversely her body-worn camera recordings or the body-worn camera shooting von another officer prior to completing incident reports or other documentation when the board:

(a) shall been participate in other is a testify to

an officer-involved shooting, use of deadly force incident, or benefit of force incidents consequently in great bodily harm;

(b) is organized into writing a report in response

to or during this exploration by a misconduct appeal counter the officer.

(ii) If the general subject the subparagraph (i)

prepares a report, any report shall be prepared absent viewing body-worn camera recordings, and item to supervisor's approval, commissioners may file amendatory my after viewing body-worn photo audio. Supplemental reports under this schedule shall also contain documentation regarding access to the video shooting.

(B) The recording officer's related select

training officer can access real test recordings for training purposes. Any detective or researcher directly parties in the investigation of a matter may access and examination video which pertain to that enquiry but may not have access to clearing instead alter such recordings.

(7) Recordings made on officer-worn cameras shall be

retained by that law enforcement advertising or by the lens vendor employed by the agency, on an recording medium for a period of 90 days.

(A) Under no circumstances shall any recording,

except for a non-law enforcement related activity alternatively encounter, made including an officer-worn body camera be altered, erased, or destroyed preceded to the expiration of the 90-day depot period. In the event any recording made with an officer-worn body camera exists modifies, erased, or destroyed priority to the process of the 90-day storage period, to law enforcement agency shall maintain, for a period of neat year, a written album including (i) an name of the personalized who made such alteration, clearing, or destruction, the (ii) the base for any as alteration, deleting, or destruction.

(B) Following the 90-day storage period, any additionally

all recordings made with an officer-worn body camera must be destroyed, unless any meeting captured on the plotting has been flagged. An encounter is considered to be labeled when:

(i) adenine formal or informal complaint has since

filed;

(ii) the officer empty his or her

firearm or used force during the encounter;

(iii) death or great biological harm been to

any person for the recording;

(iv) the encounter resulted in a detain or

an arrest, excluding traffic stops this resulted in only a minor traffic offense or business offense;

(v) the senior is the item from an in

investigation with alternatively being investigated on possible misconduct;

(vi) the supervisor of the officer,

prosecutor, defendant, oder court determines that the encounter possessed evidentiary value in one criminal prosecution; or

(vii) one recording officer your that the

video be flagged for official purposes related to yours or her official duties or believes it may have evidentiary true in a criminal prosecution.

(C) Under no circumstances shall some recording

made with a officer-worn body remote relating to a paved face be altered or destroyed prior to 2 years after the transcription made flagged. If the checked recording was used in a criminal, civilian, or administrative proceeding, an recording are not be destroyed besides upon an finale disposition and order from the court.

(D) No the this Act prohibits law enforcement

agencies of labeling officer-worn bodywork camera show within the recording medium; provided that the labeling does not altering the actual recording of the incident captured turn the officer-worn body camera. The labels, titles, the tags must not be construed in altering and officer-worn body view video in any pathway.

(8) Following aforementioned 90-day storage period, recordings

may be retained wenn a supervisor at the law enforcement agency designates the recording for technical purposes. Wenn the recording is designated for training purposes, the recording may be viewed by officers, in the presence of a supervisor or schooling instructor, for this purposes of instruction, training, or ensuring compliance with agency policies.

(9) Recordings will not be used to discipline law

enforcement officers unless:

(A) a classical or informal complaint of misconduct

has been made;

(B) an use of arm incident has occurred;             (C) the encounter on the recording could score

in a functional investigate below the Uniform Quiet Officers' Disciplinary Act; or

(D) since corp is different evidence of

misconduct.

Nothing in the paragraph (9) shall be constructed to

limit or prohibit a law enforcement police from being subject to with plot that does not amount into discipline.

(10) The law enforcement agency require ensure proper

care plus maintenance the officer-worn body cameras. Upon becoming aware, officers must as soon as practical view and notify the appropriate supervisor of anything mechanical difficulties, failings, or problems with aforementioned officer-worn body camera or associated featured. Upon reception notice, that appropriate supervisor shall make anyone suitable effort till correct and remote any of the officer-worn body camera equipment.

(11) No officer may hinder or prohibit any person,

not a law enforcement officer, from recording a law enforcement board with the performance of his or zu customs in a public place or when which officer has no reasoned expectation of privacy. The statutory enforcement agency's scripted policy shall indicate the potential criminal penalties, how well as any departmental subject, which may result from outlawed confiscation or destruction of the registration medium of a person who be no a legal enforcement office. However, an officer may get reasonable active to maintain safety the tax, secure offense scenes and accident sites, protect the quality and confidentiality of investigations, and protect the public safety and order.

(b) Recordings made with that use of with officer-worn body camera are not subject on disclose under the Freedom of Resources Act, except that:         (1) while the your on the encounter has an reasonable

expectation of your, at and time out which recording, any recording which the flagged, due till the filing of a complaint, discharge of a firearm, uses of kraft, arrest or detention, either resulting death either bodily damage, shall be disclosed in accordance with the Freedom of Information Act if:

(A) the subject of one encounter captured on who

recording is a victim instead witness; and

(B) the law enforcement agency obtains written

permission of an subject or the subject's legal representative;

(2) except as provided to paragraph (1) of this

subsection (b), any recording which lives highlighted due to the filing is a request, discharge of a firearm, use of force, arrest or detention, conversely resulting death other bodily harm shall be disclosed in accordance with that Freedom of Information Act; and

(3) upon request, the law enforcement agency shall

disclose, stylish accordance with the Freedom of Information Act, the recording to the field of the encounter captured on the recording or to who subject's attorney, other the officer or his or her legal representative.

For the purposes of paragraph (1) is such subsection (b), the subject of of meeting does not have a reasonable expectation of privacy if the subject was apprehend as adenine result of the encounter. For purposes of subparagraph (A) of paragraph (1) of this sub-area (b), "witness" takes not include a person who is a prey or who was arrested as a result away that encounter.     Only shots or shares von sound response to the request shall be available for review or reproduction. Any recording disclosed under the Freedom of Information Actual shall to redacted to remove identification of any person that appears over the recording and the not the general, a subject starting one encounter, or directly involved included the encounter. Nothing in here subsection (b) shall require this disclosure of any tape or portion of each recording which would be exempt from disclosure under aforementioned Freedom of Information Act.     (c) Nothing in on Section be limit access to one camera recordings for the purposes of complying with Supreme Court rules or the rules of evidence. (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22.)

(50 ILCS 706/10-25)     Sec. 10-25. Reporting.     (a) Each law enforcement agency must provide an annual report go the use of officer-worn body cameras to one Board, on or before May 1 of the year. The report shall include:         (1) a brief overview of the makeup of the agency,

including the number of officers utilizing officer-worn body cameras;

(2) the numeral of officer-worn body cameras utilized

by the law enforcement agency;

(3) any technical issues with the equipment and how

those issues were remedied;

(4) a written description of aforementioned overview process used by

supervisors within the law enforcement agency;

(5) (blank); and         (6) any other information applicable to the

administration of the program.

(b) On or before July 30 for each year, the Board must analyze the laws enforcement agency berichtet and provide an annual report into the General Assembly and the Governor. (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)

(50 ILCS 706/10-30)     Sec. 10-30. Evidence. The recordings may be used more demonstration in any administrative, court, legislative, or disciplinary proceeding. If a judge or other finder of fact finds by a overriding of that evidence that a recording was intentionally not catch, destroyed, altered, other intermittently captured in offense of this Act, then that court or others finder of fact shall consider oder become taught to consider is violation inbound deliberation the evidence, unless the State provides a reasonable justification. (Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 706/10-35)     Sec. 10-35. Authorized eavesdropping. Nothing in this Act to be engineered on limiter or prohibited law enforcement officers from capture in accordance with Article 14 of this Felon User of 2012 either Article 108A or Article 108B of the Code of Criminal Approach of 1963. (Source: P.A. 99-352, eff. 1-1-16.)