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File #: 2021-0374    Version: Name: RESOLUTION IN OPPOSITION TO AND SEEKING REPEAL OR AMENDMENT OF CERTAIN PROVISIONS OF THE "STATEWIDE USE OF FORCE STANDARDIZATION ACT" (PUBLIC ACT 101-0652)
Type: RESOLUTION Status: PASSED
File created: 5/11/2021 In control: Board of Trustees
On agenda: 5/17/2021 Final action: 5/17/2021
Title: RESOLUTION IN OPPOSITION TO AND SEEKING REPEAL OR AMENDMENT OF CERTAIN PROVISIONS OF THE "STATEWIDE USE OF FORCE STANDARDIZATION ACT" (PUBLIC ACT 101-0652)
Attachments: 1. MAP Letter, 2. Resolution

Title

RESOLUTION IN OPPOSITION TO AND SEEKING REPEAL OR AMENDMENT OF CERTAIN PROVISIONS OF THE "STATEWIDE USE OF FORCE STANDARDIZATION ACT" (PUBLIC ACT 101-0652)

 

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WHEREAS, the "Statewide Use of Force Standardization Act" (Public Act 101-0652) (the "Act") become law on February 22, 2021; and

 

WHEREAS, the Act will have an enormous adverse impact upon law enforcement procedures, in particular the mandates imposed upon local communities and their police departments regarding body worn cameras by police officers; and

 

WHEREAS, the Act mandates that local law enforcement agencies institute a body-worn camera program requiring all law enforcement officers to employ officer-worn body cameras, an expensive program without State funding for the considerable cost of acquiring and storing of the equipment as well as the cost of additional personnel necessary to implement such a program; and

 

WHEREAS, the use of officer-worn cameras must be implemented in Orland Park by January 1, 2024; and

 

WHEREAS, the Act prohibits law enforcement officers from reviewing their own body- worn camera video recording before writing their report; and

 

WHEREAS, the Act creates a new felony offense whereby a law enforcement officer can be charged with a Class 3 felony (punishable with a minimum term of imprisonment of 2 years up to a maximum of 5 years) for failing to comply with a police department policy regarding the use of officer-worn body cameras.

 

NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, that the Illinois General Assembly is called upon to repeal Section 10-15 of the Act mandating the implementation of the use of body- worn cameras unless and until the funding for such implementation is provided by the State of Illinois, to all local governments and their law enforcement agencies.

 

BE IT FURTHER RESOLVED that the Illinois General Assembly is called upon to amend Section 10-20 of the Act to permit the recording law enforcement officer to access and review recordings prior to completing incident reports or other documentation.

 

BE IT FURTHER RESOLVED that the Illinois General Assembly is called upon to repeal Section 33-9 of the Illinois Criminal Code of 2012 (720 ILCS 5/33-9) making it a Class 3 felony for a law enforcement officer to fail to comply with State law or his/her department policy requiring the use of officer-worn body cameras.

 

BE IT FURTHER RESOLVED that the Village Clerk of the Village of Orland Park forthwith deliver certified copies of this Resolution upon the Illinois Secretary of State, the President of the Illinois Senate and the Speaker of the Illinois House of Representatives as well

 

as the offices of those Illinois Senators and Representatives representing the Village of Orland Park.