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posted on 12/11/22

In recent posts, we have been reviewing key changes to Illinois law which have been penned in HB3653, or the Safe-T Act. Because of the sweeping and widespread changes, we will continue to provide informative blog posts about this landmark bill. The Safe-T act makes changes and amendments to wide areas of law, but this article will focus on changes to the requirements around the use of body cameras for law enforcement officers.

The Safe-T Act makes changes to who is required to wear body cameras, when body cameras must be turned on, and the consequences for misusing body cameras. Overall, the changes are designed to make police more accountable and to increase transparency in the actions of police officers.

Implementation of Body Cameras: 50 ILCS 706/10-15

All law enforcement agencies must implement the use of body cameras on a schedule laid out directly in the above statute. The schedule requires the implementation of body cameras on a rolling basis, starting with the municipalities and counties with the largest populations. By January 1, 2025, all law enforcement officers in the state of Illinois will be required to wear body cameras. Law enforcement officers in municipalities or counties with populations over 500,000 people are already required to have body cameras, and by January 1, 2023, areas with populations over 100,000 are required to be fully outfitted with body cameras.

Rules for Body Camera Recording

Body cameras must be on at all times, with a few key exceptions. Notably, if witnesses or victims request that the body camera be turned off, it must be turned off. Additionally, officers may turn off body cameras when engaged in community caretaking functions but must turn them back on immediately if the person for whom they are engaging in a community caretaking function is suspected of committing a crime.

Notice must also be given to persons being recorded as soon as they are being recorded.

Consequences for Misuse of Body Cameras

Failure to comply with state law or department policy around the use of body cameras can result in being charged with a Class 3 Felony. This consequence is due to a new ILCS statute called Law Enforcement Misconduct which details legal consequences for law enforcement officers.

Contact an Experienced Lawyer Today

It is essential to stay up-to-date on the laws in Illinois, as they are changing all the time. Glasgow & Olsson is uniquely qualified to help navigate any legal issues involving the police. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.