093_HB3515

 
                                     LRB093 09859 RLC 10107 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 14-3 as follows:

 6        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 7        Sec.  14-3.   Exemptions.  The following activities shall
 8    be exempt from the provisions of this Article:
 9        (a)  Listening  to   radio,   wireless   and   television
10    communications of any sort where the same are publicly made;
11        (b)  Hearing  conversation when heard by employees of any
12    common carrier by wire incidental to  the  normal  course  of
13    their  employment  in the operation, maintenance or repair of
14    the equipment of such common carrier by wire so  long  as  no
15    information  obtained  thereby  is  used  or  divulged by the
16    hearer;
17        (c)  Any broadcast  by  radio,  television  or  otherwise
18    whether  it  be  a  broadcast  or recorded for the purpose of
19    later broadcasts of any  function  where  the  public  is  in
20    attendance  and the conversations are overheard incidental to
21    the main purpose for which such  broadcasts  are  then  being
22    made;
23        (d)  Recording or listening with the aid of any device to
24    any  emergency  communication  made  in  the normal course of
25    operations by any federal, state  or  local  law  enforcement
26    agency   or   institutions  dealing  in  emergency  services,
27    including, but not limited to, hospitals, clinics,  ambulance
28    services,   fire   fighting  agencies,  any  public  utility,
29    emergency repair facility, civilian defense establishment  or
30    military installation;
31        (e)  Recording the proceedings of any meeting required to
 
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 1    be open by the Open Meetings Act, as amended;
 2        (f)  Recording or listening with the aid of any device to
 3    incoming  telephone  calls  of phone lines publicly listed or
 4    advertised  as  consumer  "hotlines"  by   manufacturers   or
 5    retailers of food and drug products.  Such recordings must be
 6    destroyed,  erased  or  turned  over to local law enforcement
 7    authorities within 24 hours from the time of  such  recording
 8    and shall not be otherwise disseminated.  Failure on the part
 9    of the individual or business operating any such recording or
10    listening  device  to  comply  with  the requirements of this
11    subsection shall eliminate any  civil  or  criminal  immunity
12    conferred  upon  that individual or business by the operation
13    of this Section;
14        (g)  With prior notification to the State's  Attorney  of
15    the  county  in  which it is to occur, recording or listening
16    with the aid of any device to any conversation  where  a  law
17    enforcement officer, or any person acting at the direction of
18    law  enforcement,  is  a  party  to  the conversation and has
19    consented  to  it  being  intercepted   or   recorded   under
20    circumstances  where  the  use of the device is necessary for
21    the protection of the law enforcement officer or  any  person
22    acting  at the direction of law enforcement, in the course of
23    an investigation of a forcible felony, a felony violation  of
24    the Illinois Controlled Substances Act, a felony violation of
25    the  Cannabis  Control  Act,  or  any "streetgang related" or
26    "gang-related" felony as  those  terms  are  defined  in  the
27    Illinois  Streetgang  Terrorism  Omnibus  Prevention Act. Any
28    recording or evidence derived as the result of this exemption
29    shall be inadmissible in any proceeding, criminal,  civil  or
30    administrative,  except (i) where a party to the conversation
31    suffers  great  bodily  injury  or  is  killed  during   such
32    conversation,  or  (ii)  when used as direct impeachment of a
33    witness concerning matters contained in the  interception  or
34    recording.   The  Director  of the Department of State Police
 
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 1    shall issue regulations as are necessary concerning  the  use
 2    of   devices,  retention  of  tape  recordings,  and  reports
 3    regarding their use;
 4        (g-5)  With approval  of  the  State's  Attorney  of  the
 5    county  in  which it is to occur, recording or listening with
 6    the aid of  any  device  to  any  conversation  where  a  law
 7    enforcement officer, or any person acting at the direction of
 8    law  enforcement,  is  a  party  to  the conversation and has
 9    consented to it being intercepted or recorded in  the  course
10    of  an investigation of any offense defined in Article 29D of
11    this Code. In all such cases, an  application  for  an  order
12    approving  the previous or continuing use of an eavesdropping
13    device must be made within 48 hours of  the  commencement  of
14    such  use.   In  the  absence  of  such an order, or upon its
15    denial, any continuing use shall immediately  terminate.  The
16    Director  of  State Police shall issue rules as are necessary
17    concerning the use of devices, retention of tape  recordings,
18    and reports regarding their use.
19        Any  recording  or  evidence  obtained  or derived in the
20    course of an investigation of any offense defined in  Article
21    29D  of  this Code shall, upon motion of the State's Attorney
22    or Attorney General prosecuting any violation of Article 29D,
23    be reviewed in camera with notice to all parties  present  by
24    the  court presiding over the criminal case, and, if ruled by
25    the court to be relevant and otherwise admissible,  it  shall
26    be admissible at the trial of the criminal case.
27        This subsection (g-5) is inoperative on and after January
28    1,  2005.  No conversations recorded or monitored pursuant to
29    this subsection (g-5) shall be inadmissable in a court of law
30    by virtue of the repeal of this subsection (g-5)  on  January
31    1, 2005;.
32        (h)  Recordings   made   simultaneously   with   a  video
33    recording of an oral conversation between  a  peace  officer,
34    who  has  identified  his or her office, and a person stopped
 
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 1    for an investigation of an offense under the Illinois Vehicle
 2    Code;
 3        (i)  Recording of  a  conversation  made  by  or  at  the
 4    request  of  a person, not a law enforcement officer or agent
 5    of  a  law  enforcement  officer,  who  is  a  party  to  the
 6    conversation, under reasonable suspicion that  another  party
 7    to the conversation is committing, is about to commit, or has
 8    committed  a  criminal offense against the person or a member
 9    of his or her immediate household, and  there  is  reason  to
10    believe that evidence of the criminal offense may be obtained
11    by the recording; and
12        (j)  The  use  of a telephone monitoring device by either
13    (1)  a  corporation  or  other  business  entity  engaged  in
14    marketing or opinion research or (2) a corporation  or  other
15    business entity engaged in telephone solicitation, as defined
16    in  this  subsection,  to  record or listen to oral telephone
17    solicitation conversations or marketing or  opinion  research
18    conversations  by  an  employee  of  the corporation or other
19    business entity when:
20             (i)  the monitoring  is  used  for  the  purpose  of
21        service  quality control of marketing or opinion research
22        or telephone solicitation, the education or  training  of
23        employees  or contractors engaged in marketing or opinion
24        research or telephone solicitation, or internal  research
25        related  to  marketing  or  opinion research or telephone
26        solicitation; and
27             (ii)  the monitoring is used with the consent of  at
28        least  one person who is an active party to the marketing
29        or   opinion   research   conversation    or    telephone
30        solicitation conversation being monitored.
31        No communication or conversation or any part, portion, or
32    aspect  of  the communication or conversation made, acquired,
33    or obtained, directly or  indirectly,  under  this  exemption
34    (j),  may  be,  directly  or indirectly, furnished to any law
 
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 1    enforcement officer, agency, or official for any  purpose  or
 2    used  in  any  inquiry or investigation, or used, directly or
 3    indirectly,  in  any  administrative,  judicial,   or   other
 4    proceeding, or divulged to any third party.
 5        When recording or listening authorized by this subsection
 6    (j) on telephone lines used for marketing or opinion research
 7    or  telephone  solicitation  purposes results in recording or
 8    listening to a conversation that does not relate to marketing
 9    or opinion research or  telephone  solicitation;  the  person
10    recording  or  listening  shall, immediately upon determining
11    that the conversation does not relate to marketing or opinion
12    research or telephone solicitation, terminate  the  recording
13    or  listening  and  destroy  any such recording as soon as is
14    practicable.
15        Business entities that  use  a  telephone  monitoring  or
16    telephone  recording  system  pursuant  to this exemption (j)
17    shall provide current and prospective employees  with  notice
18    that the monitoring or recordings may occur during the course
19    of  their  employment.   The  notice  shall include prominent
20    signage notification within the workplace.
21        Business entities that  use  a  telephone  monitoring  or
22    telephone  recording  system  pursuant  to this exemption (j)
23    shall provide  their  employees  or  agents  with  access  to
24    personal-only  telephone  lines  which may be pay telephones,
25    that are not subject to  telephone  monitoring  or  telephone
26    recording.
27        For  the  purposes  of  this  subsection  (j), "telephone
28    solicitation" means a communication  through  the  use  of  a
29    telephone by live operators:
30             (i)  soliciting the sale of goods or services;
31             (ii)  receiving  orders  for  the  sale  of goods or
32        services;
33             (iii)  assisting in the use of goods or services; or
34             (iv)  engaging in the solicitation,  administration,
 
                            -6-      LRB093 09859 RLC 10107 b
 1        or collection of bank or retail credit accounts.
 2        For  the  purposes  of this subsection (j), "marketing or
 3    opinion research"  means  a  marketing  or  opinion  research
 4    interview  conducted  by a live telephone interviewer engaged
 5    by a corporation or other  business  entity  whose  principal
 6    business  is  the  design, conduct, and analysis of polls and
 7    surveys measuring the opinions, attitudes, and  responses  of
 8    respondents  toward  products  and  services,  or  social  or
 9    political issues, or both; and.
10        (k)  With  prior  notification  to and verbal approval of
11    the State's Attorney of the county in which the  conversation
12    is  anticipated  to  occur,  or  a  designee  of  the State's
13    Attorney,  recording  or  listening  with  the  aid   of   an
14    eavesdropping  device  to  a  conversation  in  which  a  law
15    enforcement officer, or any person acting at the direction of
16    a  law  enforcement  officer,  is  a  party  to an undercover
17    conversation and has  consented  to  the  conversation  being
18    intercepted  or recorded in the course of an investigation of
19    a felony violation of the Illinois Controlled Substances  Act
20    or  a  felony  violation  of  the  Cannabis  Control Act. The
21    Director of State Police  shall  adopt  any  necessary  rules
22    concerning  the  use  of  eavesdropping devices, retention of
23    recording media, and reports regarding their use.
24    (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.