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90_HB2075 720 ILCS 5/14-3 from Ch. 38, par. 14-3 Amends the Criminal Code of 1961. Includes in the exemption from an eavesdropping violation, the use of a telephone monitoring device by a corporation or other business entity that has contracted for telephone solicitation by another corporation or business entity to record or listen to the conversation by an employee of the corporation or business entity conducting the telephone solicitation or marketing or opinion research. Effective immediately. LRB9005373RCmg LRB9005373RCmg 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 14-3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 14-3 as follows: 7 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) 8 Sec. 14-3. Exemptions. The following activities shall 9 be exempt from the provisions of this Article: 10 (a) Listening to radio, wireless and television 11 communications of any sort where the same are publicly made; 12 (b) Hearing conversation when heard by employees of any 13 common carrier by wire incidental to the normal course of 14 their employment in the operation, maintenance or repair of 15 the equipment of such common carrier by wire so long as no 16 information obtained thereby is used or divulged by the 17 hearer; 18 (c) Any broadcast by radio, television or otherwise 19 whether it be a broadcast or recorded for the purpose of 20 later broadcasts of any function where the public is in 21 attendance and the conversations are overheard incidental to 22 the main purpose for which such broadcasts are then being 23 made; 24 (d) Recording or listening with the aid of any device to 25 any emergency communication made in the normal course of 26 operations by any federal, state or local law enforcement 27 agency or institutions dealing in emergency services, 28 including, but not limited to, hospitals, clinics, ambulance 29 services, fire fighting agencies, any public utility, 30 emergency repair facility, civilian defense establishment or -2- LRB9005373RCmg 1 military installation; 2 (e) Recording the proceedings of any meeting required to 3 be open by the Open Meetings Act, as amended; and 4 (f) Recording or listening with the aid of any device to 5 incoming telephone calls of phone lines publicly listed or 6 advertised as consumer "hotlines" by manufacturers or 7 retailers of food and drug products. Such recordings must be 8 destroyed, erased or turned over to local law enforcement 9 authorities within 24 hours from the time of such recording 10 and shall not be otherwise disseminated. Failure on the part 11 of the individual or business operating any such recording or 12 listening device to comply with the requirements of this 13 subsection shall eliminate any civil or criminal immunity 14 conferred upon that individual or business by the operation 15 of this Section. 16 (g) With prior notification to the State's Attorney of 17 the county in which it is to occur, recording or listening 18 with the aid of any device to any conversation where a law 19 enforcement officer, or any person acting at the direction of 20 law enforcement, is a party to the conversation and has 21 consented to it being intercepted or recorded under 22 circumstances where the use of the device is necessary for 23 the protection of the law enforcement officer or any person 24 acting at the direction of law enforcement, in the course of 25 an investigation of a forcible felony, a felony violation of 26 the Illinois Controlled Substances Act, a felony violation of 27 the Cannabis Control Act, or any "streetgang related" or 28 "gang-related" felony as those terms are defined in the 29 Illinois Streetgang Terrorism Omnibus Prevention Act. Any 30 recording or evidence derived as the result of this exemption 31 shall be inadmissible in any proceeding, criminal, civil or 32 administrative, except (i) where a party to the conversation 33 suffers great bodily injury or is killed during such 34 conversation, or (ii) when used as direct impeachment of a -3- LRB9005373RCmg 1 witness concerning matters contained in the interception or 2 recording. The Director of the Department of State Police 3 shall issue regulations as are necessary concerning the use 4 of devices, retention of tape recordings, and reports 5 regarding their use. 6 (h) Recordings made simultaneously with a video 7 recording of an oral conversation between a peace officer, 8 who has identified his or her office, and a person stopped 9 for an investigation of an offense under the Illinois Vehicle 10 Code. 11 (i) Recording of a conversation made by or at the 12 request of a person, not a law enforcement officer or agent 13 of a law enforcement officer, who is a party to the 14 conversation, under reasonable suspicion that another party 15 to the conversation is committing, is about to commit, or has 16 committed a criminal offense against the person or a member 17 of his or her immediate household, and there is reason to 18 believe that evidence of the criminal offense may be obtained 19 by the recording. 20 (j) The use of a telephone monitoring device by either 21 (1) a corporation or other business entity engaged in 22 marketing or opinion research,
or(2) a corporation or other 23 business entity engaged in telephone solicitation, or (3) a 24 corporation or other business entity that has contracted for 25 telephone solicitation by another corporation or business 26 entity as defined in this subsection, to record or listen to 27 oral telephone solicitation conversations or marketing or 28 opinion research conversations by an employee of the 29 corporation or other business entity conducting the telephone 30 solicitation or marketing or opinion research when: 31 (i) the monitoring is used for the purpose of 32 service quality control of marketing or opinion research 33 or telephone solicitation, the education or training of 34 employees or contractors engaged in marketing or opinion -4- LRB9005373RCmg 1 research or telephone solicitation, or internal research 2 related to marketing or opinion research or telephone 3 solicitation; and 4 (ii) the monitoring is used with the consent of at 5 least one person who is an active party to the marketing 6 or opinion research conversation or telephone 7 solicitation conversation being monitored. 8 No communication or conversation or any part, portion, or 9 aspect of the communication or conversation made, acquired, 10 or obtained, directly or indirectly, under this exemption 11 (j), may be, directly or indirectly, furnished to any law 12 enforcement officer, agency, or official for any purpose or 13 used in any inquiry or investigation, or used, directly or 14 indirectly, in any administrative, judicial, or other 15 proceeding, or divulged to any third party. 16 When recording or listening authorized by this subsection 17 (j) on telephone lines used for marketing or opinion research 18 or telephone solicitation purposes results in recording or 19 listening to a conversation that does not relate to marketing 20 or opinion research or telephone solicitation; the person 21 recording or listening shall, immediately upon determining 22 that the conversation does not relate to marketing or opinion 23 research or telephone solicitation, terminate the recording 24 or listening and destroy any such recording as soon as is 25 practicable. 26 Business entities that use a telephone monitoring or 27 telephone recording system pursuant to this exemption (j) 28 shall provide current and prospective employees with notice 29 that the monitoring or recordings may occur during the course 30 of their employment. The notice shall include prominent 31 signage notification within the workplace. 32 Business entities that use a telephone monitoring or 33 telephone recording system pursuant to this exemption (j) 34 shall provide their employees or agents with access to -5- LRB9005373RCmg 1 personal-only telephone lines which may be pay telephones, 2 that are not subject to telephone monitoring or telephone 3 recording. 4 For the purposes of this subsection (j), "telephone 5 solicitation" means a communication through the use of a 6 telephone by live operators: 7 (i) soliciting the sale of goods or services; 8 (ii) receiving orders for the sale of goods or 9 services; 10 (iii) assisting in the use of goods or services; or 11 (iv) engaging in the solicitation, administration, 12 or collection of bank or retail credit accounts. 13 For the purposes of this subsection (j), "marketing or 14 opinion research" means a marketing or opinion research 15 interview conducted by a live telephone interviewer engaged 16 by a corporation or other business entity whose principal 17 business is the design, conduct, and analysis of polls and 18 surveys measuring the opinions, attitudes, and responses of 19 respondents toward products and services, or social or 20 political issues, or both. 21 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95; 22 89-452, eff. 5-17-96.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.
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