Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.
Senate Committee Amendment No. 2: Replaces everything after the enacting clause. Deletes changes to the Law Enforcement Officer-Worn Body Camera Act and the Criminal Code of 2012. Amends the Freedom of Information Act. Provides that a public body may charge fees reflecting its actual costs up to $40 for each hour spent by personnel in searching for and retrieving a requested recording or examining the record for or applying necessary redactions on requests for recordings that are made pursuant to the Law Enforcement Officer-Worn Body Camera Act, unless the request is made by: (1) a court order; (2) the subject of the encounter or the subject's legal representative; (3) a witness to the encounter or the witness's representative, if the encounter resulted in the recording being flagged; (4) a representative of the news media, as defined in the Act; or (5) a nonprofit, scientific, or academic organization when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education. Provides that a public body shall respond to requests for recordings within 5 business days after the receipt of the request with an estimated time that will be required for the public body to provide the recordings requested and an estimate of the fees to be charged. Further provides that the public body shall have an additional 5 business days to respond to a request once payment of the estimated fee is made, as well as any extensions allowed under any other applicable provisions of the Act. Specifies that if the requester fails to pay the required estimated fees within 30 days after the public body requests payment of the estimated fee, then the public body may deny the request. Requires a public body that imposes a fee under the provisions of the amendatory Act must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records and must apply a new balance or refund based on the actual cost versus the paid estimate. Authorizes a waiver of fees under the amendatory Act if the requester can demonstrate that the purpose of the request is to access and disseminate information in order to further the interest of the health, safety, and welfare or the legal rights of the community.

Statutes affected:
Introduced: 50 ILCS 706/10, 720 ILCS 5/14
Engrossed: 5 ILCS 140/6