HB4647 Enrolled LRB096 14958 MJR 29856 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by adding Section
5 34-21.8 as follows:
 
6     (105 ILCS 5/34-21.8 new)
7     Sec. 34-21.8. Chicago public schools violence prevention
8 hotline.
9     (a) In consultation with the Chicago Police Department, the
10 Board must establish a hotline for the purpose of receiving
11 anonymous phone calls for information that may prevent
12 violence.
13     (b) Calls that are placed to the hotline must be answered
14 by the Chicago Police Department.
15     (c) Each call placed to the hotline must be recorded and
16 investigated by the Chicago Police Department.
17     (d) Prior to receiving any information, notice must be
18 provided to the caller that the call is being recorded for
19 investigation by the Chicago Police Department. The notice may
20 be provided by a pre-recorded message or otherwise.
21     (e) The hotline shall be known as the "CPS Violence
22 Prevention Hotline" and its number and anonymous nature must be
23 posted in all Chicago Public Schools.
 

 

 

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1     Section 10. The Criminal Code of 1961 is amended by
2 changing Section 14-3 as follows:
 
3     (720 ILCS 5/14-3)
4     Sec. 14-3. Exemptions. The following activities shall be
5 exempt from the provisions of this Article:
6     (a) Listening to radio, wireless and television
7 communications of any sort where the same are publicly made;
8     (b) Hearing conversation when heard by employees of any
9 common carrier by wire incidental to the normal course of their
10 employment in the operation, maintenance or repair of the
11 equipment of such common carrier by wire so long as no
12 information obtained thereby is used or divulged by the hearer;
13     (c) Any broadcast by radio, television or otherwise whether
14 it be a broadcast or recorded for the purpose of later
15 broadcasts of any function where the public is in attendance
16 and the conversations are overheard incidental to the main
17 purpose for which such broadcasts are then being made;
18     (d) Recording or listening with the aid of any device to
19 any emergency communication made in the normal course of
20 operations by any federal, state or local law enforcement
21 agency or institutions dealing in emergency services,
22 including, but not limited to, hospitals, clinics, ambulance
23 services, fire fighting agencies, any public utility,
24 emergency repair facility, civilian defense establishment or

 

 

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1 military installation;
2     (e) Recording the proceedings of any meeting required to be
3 open by the Open Meetings Act, as amended;
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 and
10 shall not be otherwise disseminated. Failure on the part of the
11 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 of
15 this Section;
16     (g) With prior notification to the State's Attorney of the
17 county in which it is to occur, recording or listening with the
18 aid of any device to any conversation where a law enforcement
19 officer, or any person acting at the direction of law
20 enforcement, is a party to the conversation and has consented
21 to it being intercepted or recorded under circumstances where
22 the use of the device is necessary for the protection of the
23 law enforcement officer or any person acting at the direction
24 of law enforcement, in the course of an investigation of a
25 forcible felony, a felony violation of the Illinois Controlled
26 Substances Act, a felony violation of the Cannabis Control Act,

 

 

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1 a felony violation of the Methamphetamine Control and Community
2 Protection Act, any "streetgang related" or "gang-related"
3 felony as those terms are defined in the Illinois Streetgang
4 Terrorism Omnibus Prevention Act, or any felony offense
5 involving any weapon listed in paragraphs (1) through (11) of
6 subsection (a) of Section 24-1 of this Code. Any recording or
7 evidence derived as the result of this exemption shall be
8 inadmissible in any proceeding, criminal, civil or
9 administrative, except (i) where a party to the conversation
10 suffers great bodily injury or is killed during such
11 conversation, or (ii) when used as direct impeachment of a
12 witness concerning matters contained in the interception or
13 recording. The Director of the Department of State Police shall
14 issue regulations as are necessary concerning the use of
15 devices, retention of tape recordings, and reports regarding
16 their use;
17     (g-5) With approval of the State's Attorney of the county
18 in which it is to occur, recording or listening with the aid of
19 any device to any conversation where a law enforcement officer,
20 or any person acting at the direction of law enforcement, is a
21 party to the conversation and has consented to it being
22 intercepted or recorded in the course of an investigation of
23 any offense defined in Article 29D of this Code. In all such
24 cases, an application for an order approving the previous or
25 continuing use of an eavesdropping device must be made within
26 48 hours of the commencement of such use. In the absence of

 

 

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1 such an order, or upon its denial, any continuing use shall
2 immediately terminate. The Director of State Police shall issue
3 rules as are necessary concerning the use of devices, retention
4 of tape recordings, and reports regarding their use.
5     Any recording or evidence obtained or derived in the course
6 of an investigation of any offense defined in Article 29D of
7 this Code shall, upon motion of the State's Attorney or
8 Attorney General prosecuting any violation of Article 29D, be
9 reviewed in camera with notice to all parties present by the
10 court presiding over the criminal case, and, if ruled by the
11 court to be relevant and otherwise admissible, it shall be
12 admissible at the trial of the criminal case.
13     This subsection (g-5) is inoperative on and after January
14 1, 2005. No conversations recorded or monitored pursuant to
15 this subsection (g-5) shall be inadmissible in a court of law
16 by virtue of the repeal of this subsection (g-5) on January 1,
17 2005;
18     (g-6) With approval of the State's Attorney of the county
19 in which it is to occur, recording or listening with the aid of
20 any device to any conversation where a law enforcement officer,
21 or any person acting at the direction of law enforcement, is a
22 party to the conversation and has consented to it being
23 intercepted or recorded in the course of an investigation of
24 child pornography, aggravated child pornography, indecent
25 solicitation of a child, child abduction, luring of a minor,
26 sexual exploitation of a child, predatory criminal sexual

 

 

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1 assault of a child, aggravated criminal sexual abuse in which
2 the victim of the offense was at the time of the commission of
3 the offense under 18 years of age, criminal sexual abuse by
4 force or threat of force in which the victim of the offense was
5 at the time of the commission of the offense under 18 years of
6 age, or aggravated criminal sexual assault in which the victim
7 of the offense was at the time of the commission of the offense
8 under 18 years of age. In all such cases, an application for an
9 order approving the previous or continuing use of an
10 eavesdropping device must be made within 48 hours of the
11 commencement of such use. In the absence of such an order, or
12 upon its denial, any continuing use shall immediately
13 terminate. The Director of State Police shall issue rules as
14 are necessary concerning the use of devices, retention of
15 recordings, and reports regarding their use. Any recording or
16 evidence obtained or derived in the course of an investigation
17 of child pornography, aggravated child pornography, indecent
18 solicitation of a child, child abduction, luring of a minor,
19 sexual exploitation of a child, predatory criminal sexual
20 assault of a child, aggravated criminal sexual abuse in which
21 the victim of the offense was at the time of the commission of
22 the offense under 18 years of age, criminal sexual abuse by
23 force or threat of force in which the victim of the offense was
24 at the time of the commission of the offense under 18 years of
25 age, or aggravated criminal sexual assault in which the victim
26 of the offense was at the time of the commission of the offense

 

 

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1 under 18 years of age shall, upon motion of the State's
2 Attorney or Attorney General prosecuting any case involving
3 child pornography, aggravated child pornography, indecent
4 solicitation of a child, child abduction, luring of a minor,
5 sexual exploitation of a child, predatory criminal sexual
6 assault of a child, aggravated criminal sexual abuse in which
7 the victim of the offense was at the time of the commission of
8 the offense under 18 years of age, criminal sexual abuse by
9 force or threat of force in which the victim of the offense was
10 at the time of the commission of the offense under 18 years of
11 age, or aggravated criminal sexual assault in which the victim
12 of the offense was at the time of the commission of the offense
13 under 18 years of age, be reviewed in camera with notice to all
14 parties present by the court presiding over the criminal case,
15 and, if ruled by the court to be relevant and otherwise
16 admissible, it shall be admissible at the trial of the criminal
17 case. Absent such a ruling, any such recording or evidence
18 shall not be admissible at the trial of the criminal case;
19     (h) Recordings made simultaneously with the use of an
20 in-car video camera recording of an oral conversation between a
21 uniformed peace officer, who has identified his or her office,
22 and a person in the presence of the peace officer whenever (i)
23 an officer assigned a patrol vehicle is conducting an
24 enforcement stop; or (ii) patrol vehicle emergency lights are
25 activated or would otherwise be activated if not for the need
26 to conceal the presence of law enforcement.

 

 

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1     For the purposes of this subsection (h), "enforcement stop"
2 means an action by a law enforcement officer in relation to
3 enforcement and investigation duties, including but not
4 limited to, traffic stops, pedestrian stops, abandoned vehicle
5 contacts, motorist assists, commercial motor vehicle stops,
6 roadside safety checks, requests for identification, or
7 responses to requests for emergency assistance;
8     (h-5) Recordings of utterances made by a person while in
9 the presence of a uniformed peace officer and while an occupant
10 of a police vehicle including, but not limited to, (i)
11 recordings made simultaneously with the use of an in-car video
12 camera and (ii) recordings made in the presence of the peace
13 officer utilizing video or audio systems, or both, authorized
14 by the law enforcement agency;
15     (h-10) Recordings made simultaneously with a video camera
16 recording during the use of a taser or similar weapon or device
17 by a peace officer if the weapon or device is equipped with
18 such camera;
19     (h-15) Recordings made under subsection (h), (h-5), or
20 (h-10) shall be retained by the law enforcement agency that
21 employs the peace officer who made the recordings for a storage
22 period of 90 days, unless the recordings are made as a part of
23 an arrest or the recordings are deemed evidence in any
24 criminal, civil, or administrative proceeding and then the
25 recordings must only be destroyed upon a final disposition and
26 an order from the court. Under no circumstances shall any

 

 

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1 recording be altered or erased prior to the expiration of the
2 designated storage period. Upon completion of the storage
3 period, the recording medium may be erased and reissued for
4 operational use;
5     (i) Recording of a conversation made by or at the request
6 of a person, not a law enforcement officer or agent of a law
7 enforcement officer, who is a party to the conversation, under
8 reasonable suspicion that another party to the conversation is
9 committing, is about to commit, or has committed a criminal
10 offense against the person or a member of his or her immediate
11 household, and there is reason to believe that evidence of the
12 criminal offense may be obtained by the recording;
13     (j) The use of a telephone monitoring device by either (1)
14 a corporation or other business entity engaged in marketing or
15 opinion research or (2) a corporation or other business entity
16 engaged in telephone solicitation, as defined in this
17 subsection, to record or listen to oral telephone solicitation
18 conversations or marketing or opinion research conversations
19 by an employee of the corporation or other business entity
20 when:
21         (i) the monitoring is used for the purpose of service
22     quality control of marketing or opinion research or
23     telephone solicitation, the education or training of
24     employees or contractors engaged in marketing or opinion
25     research or telephone solicitation, or internal research
26     related to marketing or opinion research or telephone

 

 

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1     solicitation; and
2         (ii) the monitoring is used with the consent of at
3     least one person who is an active party to the marketing or
4     opinion research conversation or telephone solicitation
5     conversation being monitored.
6     No communication or conversation or any part, portion, or
7 aspect of the communication or conversation made, acquired, or
8 obtained, directly or indirectly, under this exemption (j), may
9 be, directly or indirectly, furnished to any law enforcement
10 officer, agency, or official for any purpose or used in any
11 inquiry or investigation, or used, directly or indirectly, in
12 any administrative, judicial, or other proceeding, or divulged
13 to any third party.
14     When recording or listening authorized by this subsection
15 (j) on telephone lines used for marketing or opinion research
16 or telephone solicitation purposes results in recording or
17 listening to a conversation that does not relate to marketing
18 or opinion research or telephone solicitation; the person
19 recording or listening shall, immediately upon determining
20 that the conversation does not relate to marketing or opinion
21 research or telephone solicitation, terminate the recording or
22 listening and destroy any such recording as soon as is
23 practicable.
24     Business entities that use a telephone monitoring or
25 telephone recording system pursuant to this exemption (j) shall
26 provide current and prospective employees with notice that the

 

 

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1 monitoring or recordings may occur during the course of their
2 employment. The notice shall include prominent signage
3 notification within the workplace.
4     Business entities that use a telephone monitoring or
5 telephone recording system pursuant to this exemption (j) shall
6 provide their employees or agents with access to personal-only
7 telephone lines which may be pay telephones, that are not
8 subject to telephone monitoring or telephone recording.
9     For the purposes of this subsection (j), "telephone
10 solicitation" means a communication through the use of a
11 telephone by live operators:
12         (i) soliciting the sale of goods or services;
13         (ii) receiving orders for the sale of goods or
14     services;
15         (iii) assisting in the use of goods or services; or
16         (iv) engaging in the solicitation, administration, or
17     collection of bank or retail credit accounts.
18     For the purposes of this subsection (j), "marketing or
19 opinion research" means a marketing or opinion research
20 interview conducted by a live telephone interviewer engaged by
21 a corporation or other business entity whose principal business
22 is the design, conduct, and analysis of polls and surveys
23 measuring the opinions, attitudes, and responses of
24 respondents toward products and services, or social or
25 political issues, or both;
26     (k) Electronic recordings, including but not limited to, a

 

 

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1 motion picture, videotape, digital, or other visual or audio
2 recording, made of a custodial interrogation of an individual
3 at a police station or other place of detention by a law
4 enforcement officer under Section 5-401.5 of the Juvenile Court
5 Act of 1987 or Section 103-2.1 of the Code of Criminal
6 Procedure of 1963;
7     (l) Recording the interview or statement of any person when
8 the person knows that the interview is being conducted by a law
9 enforcement officer or prosecutor and the interview takes place
10 at a police station that is currently participating in the
11 Custodial Interview Pilot Program established under the
12 Illinois Criminal Justice Information Act;
13     (m) An electronic recording, including but not limited to,
14 a motion picture, videotape, digital, or other visual or audio
15 recording, made of the interior of a school bus while the
16 school bus is being used in the transportation of students to
17 and from school and school-sponsored activities, when the
18 school board has adopted a policy authorizing such recording,
19 notice of such recording policy is included in student
20 handbooks and other documents including the policies of the
21 school, notice of the policy regarding recording is provided to
22 parents of students, and notice of such recording is clearly
23 posted on the door of and inside the school bus.
24     Recordings made pursuant to this subsection (m) shall be
25 confidential records and may only be used by school officials
26 (or their designees) and law enforcement personnel for

 

 

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1 investigations, school disciplinary actions and hearings,
2 proceedings under the Juvenile Court Act of 1987, and criminal
3 prosecutions, related to incidents occurring in or around the
4 school bus;
5     (n) Recording or listening to an audio transmission from a
6 microphone placed by a person under the authority of a law
7 enforcement agency inside a bait car surveillance vehicle while
8 simultaneously capturing a photographic or video image; and
9     (o) The use of an eavesdropping camera or audio device
10 during an ongoing hostage or barricade situation by a law
11 enforcement officer or individual acting on behalf of a law
12 enforcement officer when the use of such device is necessary to
13 protect the safety of the general public, hostages, or law
14 enforcement officers or anyone acting on their behalf; and .
15     (p) Recording or listening with the aid of any device to
16 incoming telephone calls of phone lines publicly listed or
17 advertised as the "CPS Violence Prevention Hotline," but only
18 where the notice of recording is given at the beginning of each
19 call as required by Section 34-21.8 of the School Code. The
20 recordings may be retained only by the Chicago Police
21 Department or other law enforcement authorities, and shall not
22 be otherwise retained or disseminated.
23 (Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
24 95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
25 8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
26 8-25-09; revised 10-9-09.)
 

 

 

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1     Section 90. The State Mandates Act is amended by adding
2 Section 8.34 as follows:
 
3     (30 ILCS 805/8.34 new)
4     Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
5 of this Act, no reimbursement by the State is required for the
6 implementation of any mandate created by this amendatory Act of
7 the 96th General Assembly.