Illinois Legislature Passes Police Body Camera Law

 Posted on June 15,2015 in Criminal Defense

In the wake of the killings of Michael Brown, Eric Garner, Tamir Rice, and countless other unarmed African-American men, women, and children by police officers, the public has finally started to demand that something be done about our nation’s police problem. One of the possible solutions that has been offered is requiring police officers to wear body cameras to record their conduct and misconduct. The footage created by these cameras could exonerate innocent officers, and, conversely, could be used to prosecute guilty officers. They may deter police misconduct. And, the footage could be used by criminal defense attorneys to prove when police officers violate defendants’ rights. Illinois may be the first state to enact legislation requiring police to use these cameras.

Bill Passes through Illinois Legislature and Awaits the Governor’s Signature

The State Journal-Register reports that the Illinois legislature passed a body camera bill and that it is waiting for the governor’s signature. This bill is the first of its nature to pass since President Obama convened the Task Force on 21st Century Policing. If the governor signs the bill, Illinois will be the first state to pass such a law. This one would include requirements regarding body cameras, would create new training for police officers, and would create a database where officers who commit crimes can be tracked so it is less difficult for problem officers to jump from department to department.

The New Bill Likely Does Not Go Far Enough

While this bill may be a good first step, it does not go far enough. It does not require police to wear body cameras at all times. Instead it simply changes the state’s eavesdropping law to allow police to use body cameras and it sets standards for their use. For example, any officers who wear these body cameras will be legally obligated to record any incident with the public. That is a fantastic provision that could be huge in protecting innocent officers while aiding in the prosecution of the bad ones. But, without a requirement that all officers wear the cameras, the provision is actually quite toothless.

Another troubling provision of the law is that it would allow cops to turn off the recorders when interviewing a witness or a victim. This is a huge mistake. There is a real problem of some police officers coercing witnesses and victims to say certain things to help officers build their case. This can rise to the level of misconduct or even criminal activity on an officer’s part. Allowing them to turn off the cameras during these conversations undercuts the potential value of these devices.

Call the Law Offices of Christopher M. Cosley

Sometimes when the police go too far, no one dies, but people wind up wrongfully arrested and charged with serious crimes. If this happened in your case, you will want the help of a talented Rolling Meadows criminal defense attorney who will use all of the tools legally available to help you fight your case. You should call the Law Offices of Christopher M. Cosley. When you call us at 847-253-3100 we will schedule an appointment so we can learn about your case and decide upon the best strategy to use for you.

May 27th, 2015