Erickson & Oppenheimer: Illinois Civil Rights and Criminal Defense Attorneys

Free Consultation: 877-505-1924

Erickson & Oppenheimer: Illinois Civil Rights and Criminal Defense Attorneys

Free Consultation: 877-505-1924

HB3202 – HA#1 – VEH CD-DUI ARREST AUDIO/VIDEO

HB3202 – HA#1 – VEH CD-DUI ARREST AUDIO/VIDEO

Amends the Illinois Vehicle Code. Requires all law enforcement patrol vehicles to be equipped with video recording equipment by July 1, 2014. This equipment must be capable of recording at least 10 hours of video footage and recording sound with the use of a wireless microphone. Patrol vehicles with in-car cameras are required to record when (1) the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed, provided that the recording shall include any field sobriety tests administered during a DUI stop, including the administration of a portable breath test; (2) the patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated and, in the event of an arrest may not conclude before the subject is transported and leaves the vehicle; (3) the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose and shall continue until the reason for recording ceases to exist. Requires audio and visual recordings of all Illinois Vehicle Code related stops. For DUI related stops, requires video recording of any observation periods, test refusal, and test administration, including those not conducted at the scene of the stop. Requires officers to report any equipment malfunction. Makes any video recording made under this Section subject to the Freedom of Information Act and subpoenas, but allows the department to charge a $25 fee for compliance with any video production request for the purpose of recouping administrative costs. Effective July 1, 2014

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