New Police Procedures Laws For Illinois Municipalities

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HIGHLIGHTS:

Public Act 99-352, recently signed into law, amends several Illinois statutes concerning local police operations and procedures. The Act affects a number of police operations, including the use of body-worn and in-car cameras, pedestrian stops, use of chokeholds, officer-involved deaths and crime reporting. Illinois local governments and municipalities should provide training to all officers, and adopt local policies and regulations, to ensure compliance with concerning the new legal requirements in Public Act 99-352. Illinois Gov. Bruce Rauner signed Public Act 99-352 into law on Aug. 12, 2015, amending several Illinois statutes concerning local police operations and procedures. The law takes effect on January 1, 2016. Several aspects of police operations are affected by the Act, including the use of body-worn and in-car cameras, pedestrian stops, use of chokeholds, officer-involved deaths and crime reporting. Below are the primary amendments that affect law enforcement, along with recommendations for Illinois local governments and municipalities to comply with each of these new requirements.

1. Body-Worn and In-Car Cameras

   Public Act 99-352 includes both enactment of the new Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706/10-1 et seq.) and several amendments to the Law Enforcement Camera Grant Act (50 ILCS 707/01 et seq.).

   1. Body-Worn Cameras

      The Law Enforcement Officer-Worn Body Camera Act applies to law enforcement agencies that use body-worn cameras. The Act does not require agencies to use body-worn cameras. The primary purposes of the Act are to set the procedures for establishing regulations for the use of body-worn cameras and to set basic standards to guide those regulations.

      The regulations will be developed by the Illinois Law Enforcement Training Standards Board (Standards Board). Those regulations must form the basis of a written policy that local law enforcement agencies must adopt. The regulations and written policy must include the following requirements:

      Pre-Event Recording: Cameras must be able to record events at least 30 seconds prior to activation (unless the camera was purchased before July 1, 2015). Duration of Recording: Cameras must be able to record at least 10 hours of footage (unless the camera was purchased before July 1, 2015). Use of Cameras: Cameras must be turned on at all times when the officer is in uniform and is either responding to calls for service or otherwise engaged in "any law-enforcement-related encounter or activity." "Law enforcement-related encounter or activity" is broadly defined to include traffic stops, arrests, pedestrian stops, traffic control, interrogations, investigations and searches, but does not include the completion of paperwork or when the officer is only in the presence of other officers. Cameras need not be activated if the officer is inside a patrol car equipped with an in-car camera. Cameras must be turned off if the officer is interacting with a confidential informant or if requested by a crime victim or a witness to a crime. However, if the officer believes that the informant, victim or witness has committed or is in the process of committing a crime, then the officer may keep the camera activated upon notice to the other individuals that the camera is recording. Cameras may be turned off if the officer is engaged in "community caretaking functions," defined as official duties "unrelated to the investigation of a crime," such as attendance at community outreach events, well-being checks and helping a child find his or her parents. However, if the officer believes that the person for whom the officer is performing the caretaking function has committed or is in the process of committing a crime, then the officer must keep the camera activated and give notice to the other individuals that the camera is recording. The officer must notify the person being recorded of the recording, "if the person has a reasonable expectation of privacy." Access to Recordings: Camera recordings are to be accessed only by personnel responsible for redacting, labeling and copying the recordings, and by the recording officer and his or her supervisors. The officer and the supervisors must disclose, in any reports or documentation concerning the recorded incident, that they have accessed the recordings. Preservation of Recordings: Camera recordings must be retained for at least 90 days, without any alteration or erasing. Following the 90-day period, the recording must be destroyed, unless the incident is "flagged," meaning: (i) the recorded incident relates to a formal or informal complaint that has been filed; (ii)...