State of Illinois
91st General Assembly
Legislation

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91_SB0867eng

 
SB867 Engrossed                                SRS91S0024MMch

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 14-3, 14-3A, and 14-3B.

 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 Sections 14-3, 14-3A, and 14-3B 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
31    military installation;
 
SB867 Engrossed             -2-                SRS91S0024MMch
 1        (e)  Recording the proceedings of any meeting required to
 2    be open by the Open Meetings Act, as amended; and
 3        (f)  Recording or listening with the aid of any device to
 4    incoming telephone calls of phone lines  publicly  listed  or
 5    advertised   as   consumer  "hotlines"  by  manufacturers  or
 6    retailers of food and drug products.  Such recordings must be
 7    destroyed, erased or turned over  to  local  law  enforcement
 8    authorities  within  24 hours from the time of such recording
 9    and shall not be otherwise disseminated.  Failure on the part
10    of the individual or business operating any such recording or
11    listening device to comply  with  the  requirements  of  this
12    subsection  shall  eliminate  any  civil or criminal immunity
13    conferred upon that individual or business by  the  operation
14    of this Section;.
15        (g)  With  prior  notification to the State's Attorney of
16    the county in which it is to occur,  recording  or  listening
17    with  the  aid  of any device to any conversation where a law
18    enforcement officer, or any person acting at the direction of
19    law enforcement, is a  party  to  the  conversation  and  has
20    consented   to   it   being  intercepted  or  recorded  under
21    circumstances where the use of the device  is  necessary  for
22    the  protection  of the law enforcement officer or any person
23    acting at the direction of law enforcement, in the course  of
24    an  investigation of a forcible felony, a felony violation of
25    the Illinois Controlled Substances Act, a felony violation of
26    the Cannabis Control Act,  or  any  "streetgang  related"  or
27    "gang-related"  felony  as  those  terms  are  defined in the
28    Illinois Streetgang Terrorism Omnibus  Prevention  Act.   Any
29    recording or evidence derived as the result of this exemption
30    shall  be  inadmissible in any proceeding, criminal, civil or
31    administrative, except (i) where a party to the  conversation
32    suffers   great  bodily  injury  or  is  killed  during  such
33    conversation, or (ii) when used as direct  impeachment  of  a
34    witness  concerning  matters contained in the interception or
 
SB867 Engrossed             -3-                SRS91S0024MMch
 1    recording.  The Director of the Department  of  State  Police
 2    shall  issue  regulations as are necessary concerning the use
 3    of  devices,  retention  of  tape  recordings,  and   reports
 4    regarding their use;.
 5        (h)  Recordings   made   simultaneously   with   a  video
 6    recording of an oral conversation between  a  peace  officer,
 7    who  has  identified  his or her office, and a person stopped
 8    for an investigation of an offense under the Illinois Vehicle
 9    Code;.
10        (i)  Recording of  a  conversation  made  by  or  at  the
11    request  of  a person, not a law enforcement officer or agent
12    of  a  law  enforcement  officer,  who  is  a  party  to  the
13    conversation, under reasonable suspicion that  another  party
14    to the conversation is committing, is about to commit, or has
15    committed  a  criminal offense against the person or a member
16    of his or her immediate household, and  there  is  reason  to
17    believe that evidence of the criminal offense may be obtained
18    by the recording; and.
19        (j)  The  use  of a telephone monitoring device by either
20    (1)  a  corporation  or  other  business  entity  engaged  in
21    marketing or opinion research or (2) a corporation  or  other
22    business entity engaged in telephone solicitation, as defined
23    in  this  subsection,  to  record or listen to oral telephone
24    solicitation conversations or marketing or  opinion  research
25    conversations  by  an  employee  of  the corporation or other
26    business entity when:
27             (i)  the monitoring  is  used  for  the  purpose  of
28        service  quality control of marketing or opinion research
29        or telephone solicitation, the education or  training  of
30        employees  or contractors engaged in marketing or opinion
31        research or telephone solicitation, or internal  research
32        related  to  marketing  or  opinion research or telephone
33        solicitation; and
34             (ii)  the monitoring is used with the consent of  at
 
SB867 Engrossed             -4-                SRS91S0024MMch
 1        least  one person who is an active party to the marketing
 2        or   opinion   research   conversation    or    telephone
 3        solicitation conversation being monitored.
 4        No communication or conversation or any part, portion, or
 5    aspect  of  the communication or conversation made, acquired,
 6    or obtained, directly or  indirectly,  under  this  exemption
 7    (j),  may  be,  directly  or indirectly, furnished to any law
 8    enforcement officer, agency, or official for any  purpose  or
 9    used  in  any  inquiry or investigation, or used, directly or
10    indirectly,  in  any  administrative,  judicial,   or   other
11    proceeding, or divulged to any third party.
12        When recording or listening authorized by this subsection
13    (j) on telephone lines used for marketing or opinion research
14    or  telephone  solicitation  purposes results in recording or
15    listening to a conversation that does not relate to marketing
16    or opinion research or  telephone  solicitation;  the  person
17    recording  or  listening  shall, immediately upon determining
18    that the conversation does not relate to marketing or opinion
19    research or telephone solicitation, terminate  the  recording
20    or  listening  and  destroy  any such recording as soon as is
21    practicable.
22        Business entities that  use  a  telephone  monitoring  or
23    telephone  recording  system  pursuant  to this exemption (j)
24    shall provide current and prospective employees  with  notice
25    that the monitoring or recordings may occur during the course
26    of  their  employment.   The  notice  shall include prominent
27    signage notification within the workplace.
28        Business entities that  use  a  telephone  monitoring  or
29    telephone  recording  system  pursuant  to this exemption (j)
30    shall provide  their  employees  or  agents  with  access  to
31    personal-only  telephone  lines  which may be pay telephones,
32    that are not subject to  telephone  monitoring  or  telephone
33    recording.
34        For  the  purposes  of  this  subsection  (j), "telephone
 
SB867 Engrossed             -5-                SRS91S0024MMch
 1    solicitation" means a communication  through  the  use  of  a
 2    telephone by live operators:
 3             (i)  soliciting the sale of goods or services;
 4             (ii)  receiving  orders  for  the  sale  of goods or
 5        services;
 6             (iii)  assisting in the use of goods or services; or
 7             (iv)  engaging in the solicitation,  administration,
 8        or collection of bank or retail credit accounts.
 9        For  the  purposes  of this subsection (j), "marketing or
10    opinion research"  means  a  marketing  or  opinion  research
11    interview  conducted  by a live telephone interviewer engaged
12    by a corporation or other  business  entity  whose  principal
13    business  is  the  design, conduct, and analysis of polls and
14    surveys measuring the opinions, attitudes, and  responses  of
15    respondents  toward  products  and  services,  or  social  or
16    political issues, or both.
17        (k)  The  use of a device by a law enforcement officer to
18    hear or record oral conversations, whether such  conversation
19    is  conducted  in  person,  by telephone, or any other means,
20    which emanate from or within any  premises,  place,  vehicle,
21    vessel  or  aircraft  during  an emergency police response to
22    that  premise,  place,  vehicle,  vessel  or  aircraft.    An
23    emergency  police  response,  for purposes of this exemption,
24    occurs when a law enforcement officer determines:  (1)  there
25    is  probable  cause  to  believe  that  a kidnaping victim is
26    present, (2) there is the holding of a hostage  by  force  or
27    the  threat  of  the  imminent  use of force, or (3) that the
28    location is occupied by force or the threat of  imminent  use
29    of  force  and  the occupant either is threatening suicide or
30    the occupant has committed a felony outside the location  and
31    in  fresh pursuit by a law enforcement officer has barricaded
32    himself or herself in the location.
33    (Source: P.A. 88-677, eff. 12-15-94; 89-428,  eff.  12-13-95;
34    89-452, eff. 5-17-96; revised 10-31-98.)
 
SB867 Engrossed             -6-                SRS91S0024MMch
 1        (720 ILCS 5/14-3A)
 2        Sec. 14-3A.  Recordings, records, and custody.
 3        (a)  Any   private   oral  communication  intercepted  in
 4    accordance with subsection (g) or (k) of Section 14-3  shall,
 5    if  practicable,  be  recorded  by  tape  or other comparable
 6    method.  The recording shall, if practicable, be done in such
 7    a way as will protect it from editing  or  other  alteration.
 8    During an interception, the interception shall be carried out
 9    by  a  law  enforcement officer, and the officer shall keep a
10    signed, written record, including:
11             (1)  The day and hours of interception or recording;
12             (2)  The  time  and  duration  of  each  intercepted
13        communication;
14             (3)  The parties,  if  known,  to  each  intercepted
15        communication; and
16             (4)  A  summary  of the contents of each intercepted
17        communication.
18        (b)  Both the  written  record  of  the  interception  or
19    recording  and  any and all recordings of the interception or
20    recording shall  immediately  be  inventoried  and  shall  be
21    maintained  where  the  chief  law enforcement officer of the
22    county  in  which  the  interception  or  recording  occurred
23    directs.   The  written  records  of  the   interception   or
24    recording  conducted  under  subsection (g) or (k) of Section
25    14-3 shall not be destroyed except upon an order of  a  court
26    of  competent jurisdiction and in any event shall be kept for
27    10 years.
28    (Source: P.A. 88-677, eff. 12-15-94.)


29        (720 ILCS 5/14-3B)
30        Sec. 14-3B.  Notice of interception or recording.
31        (a)  Within a reasonable time, but not later than 60 days
32    after the termination of  the  investigation  for  which  the
 
SB867 Engrossed             -7-                SRS91S0024MMch
 1    interception  or recording was conducted, or immediately upon
 2    the initiation of criminal proceedings, the  person  who  was
 3    the  subject of an interception or recording under subsection
 4    (g) or (k) of Section 14-3 shall be served with an  inventory
 5    that shall include:
 6             (1)  Notice to any person who was the subject of the
 7        interception or recording;
 8             (2)  Notice  of any interception or recording if the
 9        defendant was arrested or indicted or  otherwise  charged
10        as  a  result  of  the interception of his or her private
11        oral communication;
12             (3)  The date of the interception or recording;
13             (4)  The period of interception or recording; and
14             (5)  Notice  of  whether  during   the   period   of
15        interception  or  recording devices were or were not used
16        to overhear and record various conversations and  whether
17        or not the conversations are recorded.
18        (b)  A  court of competent jurisdiction, upon filing of a
19    motion, may in its discretion make available to those persons
20    or their attorneys  for  inspection  those  portions  of  the
21    intercepted  communications  as the court determines to be in
22    the interest of justice.
23    (Source: P.A. 88-677, eff. 12-15-94.)

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