CWBChicago editor’s word: Utilizing Illinois’ open data legal guidelines, our staff was lately capable of safe physique digital camera footage that confirmed a Markham police officer recovering a loaded firearm from the middle console of a convicted assassin’s automotive. That video additionally confirmed a Harvey alderwoman figuring out herself to officers on the scene, inquiring in regards to the arrest of Tyrone Muhammad, who was launched a short while later after an intervention by Markham Police Chief Jack Genius.
Within the following report, the Higher Authorities Affiliation particulars this 12 months’s efforts by Illinois legislators to limit public entry to police physique digital camera footage, restrictions that, if enacted, might restrict transparency that’s so vital in policing.
by Sophia Van Pelt, Higher Authorities Affiliation
Just some months after the final remaining legislation enforcement businesses had been required to equip officers with physique cameras, a number of legislative efforts in 2025 tried to restrict entry to physique cam footage, in response to an evaluation by BGA Coverage.
Physique cameras, which almost all officers in Illinois should put on, assist them acquire proof and likewise preserve them accountable. Members of the general public can use the footage to establish or show misconduct. Subsequently limiting public entry to physique cam video would additionally restrict police accountability.
The footage is already handled in another way underneath the Freedom of Info Act. Different authorities data are presumed accessible underneath FOIA except exempted. However physique cam video is presumed exempt except it meets particular standards.
Underneath Illinois’ Freedom of Info Act, there’s a presumption that paperwork and knowledge generated by authorities are open to inspection and copying by the general public. Physique-worn digital camera footage is completely different.
The Legislation Enforcement Officer-Worn Physique Digital camera Act (BCA), and never FOIA, describes which footage is on the market. This implies trying solely at legal guidelines that impression FOIA wouldn’t seize makes an attempt to develop or restrict entry to physique cam footage. That’s why BGA Coverage additionally examined proposed adjustments to the BCA.
Underneath present legislation, physique cam footage falls underneath FOIA if it’s flagged because of the submitting of a grievance, discharge of a firearm, use of pressure, arrest or detention, loss of life or bodily hurt.
If the topic of the encounter has an inexpensive expectation of privateness, extra circumstances have to be met.
The Legislation Enforcement Officer-Worn Physique Digital camera Act
The start of the act particulars the twin objective of body-worn cameras: “state-of-the-art proof assortment” and documentation in instances of alleged police misconduct.
The SAFE-T Act, which was signed into legislation in 2021, mandated body-worn cameras for legislation enforcement officers. Implementation was staggered, with the smallest municipalities and counties required to complete implementation by Jan. 1, 2025.
When are cameras on? The legislation says cameras have to be on when an officer is in uniform, on obligation and fascinating in legislation enforcement-related actions. Exceptions embody being in sight of one other legislation enforcement company’s digital camera system, or underneath sure circumstances when a sufferer or neighborhood member asks the officer to show off the digital camera.
How lengthy is footage saved? Recordings have to be saved for no fewer than 90 days, and may’t be altered, erased or destroyed in that point. After 90 days, recordings have to be destroyed except they’re flagged as proof, used for legal prosecution or for an investigation into the officer. Different causes for the video being flagged for longer retention are the identical ones that might make it topic to FOIA: a grievance was filed, the officer used pressure or their firearm, or if loss of life, nice bodily hurt, a detention or an arrest is on the video.
Physique cams as an accountability software
Officers don’t have entry to footage when finishing incident reviews or different documentation in the event that they’ve been concerned in or witnessed an officer-involved taking pictures, use of lethal pressure incident, or use of pressure incidents leading to nice bodily hurt. Nor have they got entry after they’re ordered to put in writing a report in response to, or through the investigation of, a misconduct grievance in opposition to them. After the preliminary report, officers might use physique cam footage to put in writing amendatory reviews however should doc it.
Physique cam footage can’t be used to self-discipline officers except a misconduct grievance has been made, a use of pressure incident has occurred, the encounter on the recording might lead to a proper investigation underneath the Uniform Peace Officers’ Disciplinary Act, or as corroboration of different proof of misconduct.
The six payments
BGA Coverage discovered six payments that might have restricted entry to physique cam footage. Two payments, HB 3515 and HB 4000, additionally impacted FOIA and had been included in BGA Coverage’s full FOIA evaluation. The opposite 4 payments, SB 1796, HB 3524, HB 3380, HB 1583, wouldn’t have impacted FOIA, regardless that they might have decreased the general public’s skill to make use of FOIA to entry physique cam footage.
HB 1583 and HB 3524 would have restricted entry by altering which officers require physique cams or altering necessities to have physique cams turned on whereas on obligation.
HB 1583 – Faculty Security Officers. Would have eliminated the mandate for physique cams for college security officers if the varsity board doesn’t require them. Eradicating physique cams from officers who can detain individuals and carry a firearm prevents the general public from overseeing their conduct.
HB 3524 – Officer-Worn Digital camera Exceptions. Would have added that an govt department constitutional officer can request that their on-duty and assigned safety element flip off their physique cams. This may have restricted the flexibility of the general public to supervise actions taken by these officers.
HB 3515 – FOIA-Business Functions. Would have restricted entry to physique cam footage by excluding “web websites, social media channels, or different websites or purposes that put up legislation enforcement movies in change for compensation primarily based on the variety of views,” from information media underneath FOIA. Would have allowed a public physique to cost as much as $40 (up from $10) for every hour workers spent looking for, retrieving, reviewing, redacting, and reproducing audio and video data. Would have lowered the period of time that public our bodies seek for a file from eight hours to 3.
HB 3380 – Physique Cameras-FOIA Requests and SB 1796 – Physique Cameras-FOIA Requests, underneath Senate Modification 1. These payments would have made it so flagged physique cam footage is barely accessible if the request is made by a courtroom order, an individual concerned within the encounter that resulted within the recording being flagged, a authorized consultant of an individual concerned within the encounter that resulted within the recording being flagged, a witness of the encounter that resulted within the recording being flagged, a authorized consultant of a witness of the encounter that resulted within the recording being flagged, a consultant of reports media, as outlined in 3 subsection (f) of Part 2 of the Freedom of Info Act, a consultant of a nonprofit, scientific or tutorial group.
HB 4000 would have each restricted entry by altering the principles round using physique cams and likewise restricted who can request footage and underneath what circumstances. It additionally would have eliminated prohibitions on officers utilizing physique cam footage whereas writing reviews associated to misconduct, an officer-involved taking pictures, use of lethal pressure incident, or use of pressure incidents leading to nice bodily hurt. Particularly:
- Would have excluded faculty useful resource officers, undercover or covert officers (besides when they’re conducting interviews), and officers employed in an administrative capability from physique cam mandates.
- Would have restricted when an individual has expectations of privateness.
- Would have eliminated a requirement for officers to inform somebody with an inexpensive expectation of privateness that they’re being recorded after Jan. 1, 2027.
- Would have eliminated prohibitions on officers reviewing physique cam footage when finishing incident reviews when the officer was concerned in or witness to an officer-involved taking pictures, use of lethal pressure incident, or use of pressure incidents leading to nice bodily hurt or ordered to put in writing a report in response to or throughout an investigation of misconduct grievance in opposition to the officer.
- Would have restricted when video is flagged for misconduct or can be utilized to self-discipline an officer from “casual grievance” to “casual inquiry” as outlined by Uniform Peace Officers’ Disciplinary Act.
- Would have restricted entry to footage to solely when the topic had an inexpensive expectation of privateness, the topic, or their authorized consultant, indicators off on the disclosure, and the video is flagged for
- submitting of a grievance, discharge of a firearm, use of pressure, arrest or detention, loss of life or bodily hurt.
- Would have created adjustments to cheap expectations of privateness that might have drastically restricted entry to physique cam footage.
Each HB 3515 and HB 4000 had been talked about in BGA Coverage’s 2025 FOIA Laws Evaluation. Neither invoice went past being launched.
