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Public Act 095-0258


 

Public Act 0258 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0258
 
SB0097 Enrolled LRB095 03357 RLC 23361 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 14-1 and 14-3 as follows:
 
    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)
    Sec. 14-1. Definition.
    (a) Eavesdropping device.
    An eavesdropping device is any device capable of being used
to hear or record oral conversation or intercept, retain, or
transcribe electronic communications whether such conversation
or electronic communication is conducted in person, by
telephone, or by any other means; Provided, however, that this
definition shall not include devices used for the restoration
of the deaf or hard-of-hearing to normal or partial hearing.
    (b) Eavesdropper.
    An eavesdropper is any person, including law enforcement
officers, who is a principal, as defined in this Article, or
who operates or participates in the operation of any
eavesdropping device contrary to the provisions of this
Article.
    (c) Principal.
    A principal is any person who:
        (1) Knowingly employs another who illegally uses an
    eavesdropping device in the course of such employment; or
        (2) Knowingly derives any benefit or information from
    the illegal use of an eavesdropping device by another; or
        (3) Directs another to use an eavesdropping device
    illegally on his behalf.
    (d) Conversation.
    For the purposes of this Article, the term conversation
means any oral communication between 2 or more persons
regardless of whether one or more of the parties intended their
communication to be of a private nature under circumstances
justifying that expectation.
    (e) Electronic communication.
    For purposes of this Article, the term electronic
communication means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted
in whole or part by a wire, radio, pager, computer,
electromagnetic, photo electronic or photo optical system,
where the sending and receiving parties intend the electronic
communication to be private and the interception, recording, or
transcription of the electronic communication is accomplished
by a device in a surreptitious manner contrary to the
provisions of this Article. Electronic communication does not
include any communication from a tracking device.
    (f) Bait car.
    For purposes of this Article, the term bait car means any
motor vehicle that is not occupied by a law enforcement officer
and is used by a law enforcement agency to deter, detect,
identify, and assist in the apprehension of an auto theft
suspect in the act of stealing a motor vehicle.
(Source: P.A. 91-657, eff. 1-1-00.)
 
    (720 ILCS 5/14-3)  (from Ch. 38, par. 14-3)
    Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
    (a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
    (b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
    (c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
    (d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
    (e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
    (f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
    (g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a
forcible felony, a felony violation of the Illinois Controlled
Substances Act, a felony violation of the Cannabis Control Act,
a felony violation of the Methamphetamine Control and Community
Protection Act, or any "streetgang related" or "gang-related"
felony as those terms are defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act. Any recording or evidence
derived as the result of this exemption shall be inadmissible
in any proceeding, criminal, civil or administrative, except
(i) where a party to the conversation suffers great bodily
injury or is killed during such conversation, or (ii) when used
as direct impeachment of a witness concerning matters contained
in the interception or recording. The Director of the
Department of State Police shall issue regulations as are
necessary concerning the use of devices, retention of tape
recordings, and reports regarding their use;
    (g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
    Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
    This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
    (h) Recordings made simultaneously with a video recording
of an oral conversation between a peace officer, who has
identified his or her office, and a person stopped for an
investigation of an offense under the Illinois Vehicle Code;
    (i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
    (j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
        (i) the monitoring is used for the purpose of service
    quality control of marketing or opinion research or
    telephone solicitation, the education or training of
    employees or contractors engaged in marketing or opinion
    research or telephone solicitation, or internal research
    related to marketing or opinion research or telephone
    solicitation; and
        (ii) the monitoring is used with the consent of at
    least one person who is an active party to the marketing or
    opinion research conversation or telephone solicitation
    conversation being monitored.
    No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
    When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
    For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
        (i) soliciting the sale of goods or services;
        (ii) receiving orders for the sale of goods or
    services;
        (iii) assisting in the use of goods or services; or
        (iv) engaging in the solicitation, administration, or
    collection of bank or retail credit accounts.
    For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both;
    (k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963; and
    (l) Recording the interview or statement of any person when
the person knows that the interview is being conducted by a law
enforcement officer or prosecutor and the interview takes place
at a police station that is currently participating in the
Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act; and .
    (m) Recording or listening to an audio transmission from a
microphone placed by a person under the authority of a law
enforcement agency inside a bait car surveillance vehicle while
simultaneously capturing a photographic or video image.
(Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03;
93-605, eff. 11-19-03; 94-556, eff. 9-11-05.)

Effective Date: 1/1/2008