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Bill > HB1039


IL HB1039

IL HB1039
PUBLIC OFFICIALS-BODY CAMERAS


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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.

AI Summary

This bill creates the Public Official Body Camera Act, which establishes comprehensive rules for body camera usage by public officials in the state. The bill defines a body camera as an electronic camera system worn by a person that can record, store, and process audiovisual recordings, and applies to any elected or appointed public official. The State Board of Elections will develop specific guidelines, including requirements that body cameras must be equipped with pre-event recording capabilities (capturing 30 seconds before activation), have a battery life of at least 10 hours, and be turned on during official duties. Public officials must provide notice when recording in situations where a person has a reasonable expectation of privacy, and recordings must be retained for 90 days without alteration or destruction. The bill also specifies that these recordings can be used as evidence in administrative, judicial, legislative, or disciplinary proceedings, and if a court finds that a recording was intentionally not captured, destroyed, or altered, this violation can be considered when weighing evidence. Additionally, the bill makes conforming changes to the Freedom of Information Act, ensuring that body camera recordings are subject to disclosure only to the extent they are responsive to specific requests and do not violate existing confidentiality provisions.

Sponsors (1)

Last Action

Referred to Rules Committee (on 01/09/2025)

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