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As of January 1, 2025 all police departments must have body cam video of most incidents.

Brian L. Polinske
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Edwardsville Criminal Defense Trial Lawyer

50 ILCS 706 or the "officer-worn body camera act" was fully implemented 1/1/2025.  The act requires officers to wear body cameras in most situations.  The officers may turn off the camera for:

  1. Exigent circumstances that would prevent the camera from being turned on.
  2. When in-car video is capturing the incident.
  3. When the officer is inside a correctional facility with a functioning camera system.
  4. When engaged in a community caretaking function.

Cameras Must be turned off:

  1. When a victim of a crime requests it.
  2. a witness to a crime requests anonymity.
  3. the officer is interacting with a confidential informant.
  4. an Officer of the Dept. of Revenue enters a DOR facility.

The officer shall not have access to the body cam recording prior to completion of incident reports when he/she has been involved in or witness to an officer' involved shooting; or if they are asked to write a report regarding officer misconduct. 

Recordings must be maintained at least 90 days.  

Surprisingly the act did not state that any incident where body cam footage is not made in compliance with the act is suppressed from evidence in court.  The whole purpose of the act is to mandate compliance by officers.  The result should be suppression of evidence if they don't comply with the act.  But the legislators decided to not make that a part of this law. 

 

I have already viewed body cam footage that has has the audio cut out or the lens blocked by officers to conceal their statements.  This seems to be a clear violation of the statute.  But as of this date no suppression of that content has been ordered by the court. 

 

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