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Full Text of HB4446
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HB4446 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4446
Introduced 1/20/2026, by Rep. Daniel Didech
SYNOPSIS AS INTRODUCED:
50 ILCS 706/10-20
Amends the Law Enforcement Officer-Worn Body Camera Act. In
provisions concerning whether recordings made with the use of an
officer-worn body camera are subject to disclosure under the Freedom of
Information Act, provides that any recording disclosed under the Freedom
of Information Act may, rather than shall, be redacted to remove
identification of any person that appears on the recording and is not an
officer, a subject of the encounter, or directly involved in the
encounter. Provides that nothing in the provisions shall prohibit the
disclosure of any recording or portion of any recording regardless of
whether it would be exempt from disclosure under the Freedom of
Information Act, rather than require the disclosure of any recording or
portion of any recording which would be exempt from disclosure under the
Freedom of Information Act.
LRB104 16310 RTM 29696 b
A BILL FOR
HB4446
LRB104 16310 RTM 29696 b
1
AN ACT concerning local government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Law Enforcement Officer-Worn Body Camera
5
Act is amended by changing Section 10-20 as follows:
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.
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(3) Cameras must be turned on at all times when the
2
officer is in uniform and is responding to calls for
3
service or engaged in any law enforcement-related
4
encounter or activity that occurs while the officer is on
5
duty.
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(A) If exigent circumstances exist which prevent
7
the camera from being turned on, the camera must be
8
turned on as soon as practicable.
9
(B) Officer-worn body cameras may be turned off
10
when the officer is inside of a patrol car which is
11
equipped with a functioning in-car camera; however,
12
the officer must turn on the camera upon exiting the
13
patrol vehicle for law enforcement-related encounters.
14
(C) Officer-worn body cameras may be turned off
15
when the officer is inside a correctional facility or
16
courthouse which is equipped with a functioning camera
17
system.
18
(4) Cameras must be turned off when:
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(A) the victim of a crime requests that the camera
20
be turned off, and unless impractical or impossible,
21
that request is made on the recording;
22
(B) a witness of a crime or a community member who
23
wishes to report a crime requests that the camera be
24
turned off, and unless impractical or impossible that
25
request is made on the recording;
26
(C) the officer is interacting with a confidential
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informant used by the law enforcement agency; or
2
(D) an officer of the Department of Revenue enters
3
a Department of Revenue facility or conducts an
4
interview during which return information will be
5
discussed or visible.
6
However, an officer may continue to record or resume
7
recording a victim or a witness, if exigent circumstances
8
exist, or if the officer has reasonable articulable
9
suspicion that a victim or witness, or confidential
10
informant has committed or is in the process of committing
11
a crime. Under these circumstances, and unless impractical
12
or impossible, the officer must indicate on the recording
13
the reason for continuing to record despite the request of
14
the victim or witness.
15
(4.5) Cameras may be turned off when the officer is
16
engaged in community caretaking functions. However, the
17
camera must be turned on when the officer has reason to
18
believe that the person on whose behalf the officer is
19
performing a community caretaking function has committed
20
or is in the process of committing a crime. If exigent
21
circumstances exist which prevent the camera from being
22
turned on, the camera must be turned on as soon as
23
practicable.
24
(5) The officer must provide notice of recording to
25
any person if the person has a reasonable expectation of
26
privacy and proof of notice must be evident in the
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recording. If exigent circumstances exist which prevent
2
the officer from providing notice, notice must be provided
3
as soon as practicable.
4
(6) (A) For the purposes of redaction or duplicating
5
recordings, access to camera recordings shall be
6
restricted to only those personnel responsible for those
7
purposes. The recording officer or his or her supervisor
8
may not redact, duplicate, or otherwise alter the
9
recording officer's camera recordings. Except as otherwise
10
provided in this Section, the recording officer and his or
11
her supervisor may access and review recordings prior to
12
completing incident reports or other documentation,
13
provided that the supervisor discloses that fact in the
14
report or documentation.
15
(i) A law enforcement officer shall not have
16
access to or review his or her body-worn camera
17
recordings or the body-worn camera recordings of
18
another officer prior to completing incident reports
19
or other documentation when the officer:
20
(a) has been involved in or is a witness to an
21
officer-involved shooting, use of deadly force
22
incident, or use of force incidents resulting in
23
great bodily harm;
24
(b) is ordered to write a report in response
25
to or during the investigation of a misconduct
26
complaint against the officer.
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(ii) If the officer subject to subparagraph (i)
2
prepares a report, any report shall be prepared
3
without viewing body-worn camera recordings, and
4
subject to supervisor's approval, officers may file
5
amendatory reports after viewing body-worn camera
6
recordings. Supplemental reports under this provision
7
shall also contain documentation regarding access to
8
the video footage.
9
(B) The recording officer's assigned field
10
training officer may access and review recordings for
11
training purposes. Any detective or investigator
12
directly involved in the investigation of a matter may
13
access and review recordings which pertain to that
14
investigation but may not have access to delete or
15
alter such recordings.
16
(7) Recordings made on officer-worn cameras must be
17
retained by the law enforcement agency or by the camera
18
vendor used by the agency, on a recording medium for a
19
period of 90 days.
20
(A) Under no circumstances shall any recording,
21
except for a non-law enforcement related activity or
22
encounter, made with an officer-worn body camera be
23
altered, erased, or destroyed prior to the expiration
24
of the 90-day storage period. In the event any
25
recording made with an officer-worn body camera is
26
altered, erased, or destroyed prior to the expiration
HB4446
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of the 90-day storage period, the law enforcement
2
agency shall maintain, for a period of one year, a
3
written record including (i) the name of the
4
individual who made such alteration, erasure, or
5
destruction, and (ii) the reason for any such
6
alteration, erasure, or destruction.
7
(B) Following the 90-day storage period, any and
8
all recordings made with an officer-worn body camera
9
must be destroyed, unless any encounter captured on
10
the recording has been flagged. An encounter is deemed
11
to be flagged when:
12
(i) a formal or informal complaint has been
13
filed;
14
(ii) the officer discharged his or her firearm
15
or used force during the encounter;
16
(iii) death or great bodily harm occurred to
17
any person in the recording;
18
(iv) the encounter resulted in a detention or
19
an arrest, excluding traffic stops which resulted
20
in only a minor traffic offense or business
21
offense;
22
(v) the officer is the subject of an internal
23
investigation or otherwise being investigated for
24
possible misconduct;
25
(vi) the supervisor of the officer,
26
prosecutor, defendant, or court determines that
HB4446
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1
the encounter has evidentiary value in a criminal
2
prosecution; or
3
(vii) the recording officer requests that the
4
video be flagged for official purposes related to
5
his or her official duties or believes it may have
6
evidentiary value in a criminal prosecution.
7
(C) Under no circumstances shall any recording
8
made with an officer-worn body camera relating to a
9
flagged encounter be altered or destroyed prior to 2
10
years after the recording was flagged. If the flagged
11
recording was used in a criminal, civil, or
12
administrative proceeding, the recording shall not be
13
destroyed except upon a final disposition and order
14
from the court.
15
(D) Nothing in this Act prohibits law enforcement
16
agencies from labeling officer-worn body camera video
17
within the recording medium; provided that the
18
labeling does not alter the actual recording of the
19
incident captured on the officer-worn body camera. The
20
labels, titles, and tags shall not be construed as
21
altering the officer-worn body camera video in any
22
way.
23
(8) Following the 90-day storage period, recordings
24
may be retained if a supervisor at the law enforcement
25
agency designates the recording for training purposes. If
26
the recording is designated for training purposes, the
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LRB104 16310 RTM 29696 b
1
recordings may be viewed by officers, in the presence of a
2
supervisor or training instructor, for the purposes of
3
instruction, training, or ensuring compliance with agency
4
policies.
5
(9) Recordings shall not be used to discipline law
6
enforcement officers unless:
7
(A) a formal or informal complaint of misconduct
8
has been made;
9
(B) a use of force incident has occurred;
10
(C) the encounter on the recording could result in
11
a formal investigation under the Uniform Peace
12
Officers' Disciplinary Act; or
13
(D) as corroboration of other evidence of
14
misconduct.
15
Nothing in this paragraph (9) shall be construed to
16
limit or prohibit a law enforcement officer from being
17
subject to an action that does not amount to discipline.
18
(10) The law enforcement agency shall ensure proper
19
care and maintenance of officer-worn body cameras. Upon
20
becoming aware, officers must as soon as practical
21
document and notify the appropriate supervisor of any
22
technical difficulties, failures, or problems with the
23
officer-worn body camera or associated equipment. Upon
24
receiving notice, the appropriate supervisor shall make
25
every reasonable effort to correct and repair any of the
26
officer-worn body camera equipment.
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(11) No officer may hinder or prohibit any person, not
2
a law enforcement officer, from recording a law
3
enforcement officer in the performance of his or her
4
duties in a public place or when the officer has no
5
reasonable expectation of privacy. The law enforcement
6
agency's written policy shall indicate the potential
7
criminal penalties, as well as any departmental
8
discipline, which may result from unlawful confiscation or
9
destruction of the recording medium of a person who is not
10
a law enforcement officer. However, an officer may take
11
reasonable action to maintain safety and control, secure
12
crime scenes and accident sites, protect the integrity and
13
confidentiality of investigations, and protect the public
14
safety and order.
15
(b) Recordings made with the use of an officer-worn body
16
camera are not subject to disclosure under the Freedom of
17
Information Act, except that:
18
(1) if the subject of the encounter has a reasonable
19
expectation of privacy, at the time of the recording, any
20
recording which is flagged, due to the filing of a
21
complaint, discharge of a firearm, use of force, arrest or
22
detention, or resulting death or bodily harm, shall be
23
disclosed in accordance with the Freedom of Information
24
Act if:
25
(A) the subject of the encounter captured on the
26
recording is a victim or witness; and
HB4446
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LRB104 16310 RTM 29696 b
1
(B) the law enforcement agency obtains written
2
permission of the subject or the subject's legal
3
representative;
4
(2) except as provided in paragraph (1) of this
5
subsection (b), any recording which is flagged due to the
6
filing of a complaint, discharge of a firearm, use of
7
force, arrest or detention, or resulting death or bodily
8
harm shall be disclosed in accordance with the Freedom of
9
Information Act; and
10
(3) upon request, the law enforcement agency shall
11
disclose, in accordance with the Freedom of Information
12
Act, the recording to the subject of the encounter
13
captured on the recording or to the subject's attorney, or
14
the officer or his or her legal representative.
15
For the purposes of paragraph (1) of this subsection (b),
16
the subject of the encounter does not have a reasonable
17
expectation of privacy if the subject was arrested as a result
18
of the encounter. For purposes of subparagraph (A) of
19
paragraph (1) of this subsection (b), "witness" does not
20
include a person who is a victim or who was arrested as a
21
result of the encounter.
22
Only recordings or portions of recordings responsive to
23
the request shall be available for inspection or reproduction.
24
Any recording disclosed under the Freedom of Information Act
25
may
shall
be redacted to remove identification of any person
26
that appears on the recording and is not the officer, a subject
HB4446
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LRB104 16310 RTM 29696 b
1
of the encounter, or directly involved in the encounter.
2
Nothing in this subsection (b) shall
prohibit
require
the
3
disclosure of any recording or portion of any recording
4
regardless of whether it
which
would be exempt from disclosure
5
under the Freedom of Information Act.
6
(c) Nothing in this Section shall limit access to a camera
7
recording for the purposes of complying with Supreme Court
8
rules or the rules of evidence.
9
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
10
102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
11
12-6-22.)
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