SB1814 Engrossed LRB096 04565 RLC 14620 b

1     AN ACT concerning 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 changing
5 Section 14-3 as follows:
 
6     (720 ILCS 5/14-3)
7     Sec. 14-3. Exemptions. The following activities shall be
8 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 their
13 employment in the operation, maintenance or repair of the
14 equipment of such common carrier by wire so long as no
15 information obtained thereby is used or divulged by the hearer;
16     (c) Any broadcast by radio, television or otherwise whether
17 it be a broadcast or recorded for the purpose of later
18 broadcasts of any function where the public is in attendance
19 and the conversations are overheard incidental to the main
20 purpose for which such broadcasts are then being made;
21     (d) Recording or listening with the aid of any device to
22 any emergency communication made in the normal course of
23 operations by any federal, state or local law enforcement

 

 

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1 agency or institutions dealing in emergency services,
2 including, but not limited to, hospitals, clinics, ambulance
3 services, fire fighting agencies, any public utility,
4 emergency repair facility, civilian defense establishment or
5 military installation;
6     (e) Recording the proceedings of any meeting required to be
7 open by the Open Meetings Act, as amended;
8     (f) Recording or listening with the aid of any device to
9 incoming telephone calls of phone lines publicly listed or
10 advertised as consumer "hotlines" by manufacturers or
11 retailers of food and drug products. Such recordings must be
12 destroyed, erased or turned over to local law enforcement
13 authorities within 24 hours from the time of such recording and
14 shall not be otherwise disseminated. Failure on the part of the
15 individual or business operating any such recording or
16 listening device to comply with the requirements of this
17 subsection shall eliminate any civil or criminal immunity
18 conferred upon that individual or business by the operation of
19 this Section;
20     (g) With prior notification to the State's Attorney of the
21 county in which it is to occur, recording or listening with the
22 aid of any device to any conversation where a law enforcement
23 officer, or any person acting at the direction of law
24 enforcement, is a party to the conversation and has consented
25 to it being intercepted or recorded under circumstances where
26 the use of the device is necessary for the protection of the

 

 

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

 

 

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1 any offense defined in Article 29D of this Code. In all such
2 cases, an application for an order approving the previous or
3 continuing use of an eavesdropping device must be made within
4 48 hours of the commencement of such use. In the absence of
5 such an order, or upon its denial, any continuing use shall
6 immediately terminate. The Director of State Police shall issue
7 rules as are necessary concerning the use of devices, retention
8 of tape recordings, and reports regarding their use.
9     Any recording or evidence obtained or derived in the course
10 of an investigation of any offense defined in Article 29D of
11 this Code shall, upon motion of the State's Attorney or
12 Attorney General prosecuting any violation of Article 29D, be
13 reviewed in camera with notice to all parties present by the
14 court presiding over the criminal case, and, if ruled by the
15 court to be relevant and otherwise admissible, it shall be
16 admissible at the trial of the criminal case.
17     This subsection (g-5) is inoperative on and after January
18 1, 2005. No conversations recorded or monitored pursuant to
19 this subsection (g-5) shall be inadmissible in a court of law
20 by virtue of the repeal of this subsection (g-5) on January 1,
21 2005;
22     (g-6) With approval of the State's Attorney of the county
23 in which it is to occur, recording or listening with the aid of
24 any device to any conversation where a law enforcement officer,
25 or any person acting at the direction of law enforcement, is a
26 party to the conversation and has consented to it being

 

 

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1 intercepted or recorded in the course of an investigation of
2 child pornography. In all such cases, an application for an
3 order approving the previous or continuing use of an
4 eavesdropping device must be made within 48 hours of the
5 commencement of such use. In the absence of such an order, or
6 upon its denial, any continuing use shall immediately
7 terminate. The Director of State Police shall issue rules as
8 are necessary concerning the use of devices, retention of
9 recordings, and reports regarding their use. Any recording or
10 evidence obtained or derived in the course of an investigation
11 of child pornography shall, upon motion of the State's Attorney
12 or Attorney General prosecuting any case involving child
13 pornography, be reviewed in camera with notice to all parties
14 present by the court presiding over the criminal case, and, if
15 ruled by the court to be relevant and otherwise admissible, it
16 shall be admissible at the trial of the criminal case. Absent
17 such a ruling, any such recording or evidence shall not be
18 admissible at the trial of the criminal case;
19     (h) Recordings made simultaneously with a video recording
20 of an oral conversation between a peace officer, who has
21 identified his or her office, and a person stopped for an
22 investigation of an offense under the Illinois Vehicle Code;
23     (i) Recording of a conversation made by or at the request
24 of a person, not a law enforcement officer or agent of a law
25 enforcement officer, who is a party to the conversation, under
26 reasonable suspicion that another party to the conversation is

 

 

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1 committing, is about to commit, or has committed a criminal
2 offense against the person or a member of his or her immediate
3 household, and there is reason to believe that evidence of the
4 criminal offense may be obtained by the recording;
5     (j) The use of a telephone monitoring device by either (1)
6 a corporation or other business entity engaged in marketing or
7 opinion research or (2) a corporation or other business entity
8 engaged in telephone solicitation, as defined in this
9 subsection, to record or listen to oral telephone solicitation
10 conversations or marketing or opinion research conversations
11 by an employee of the corporation or other business entity
12 when:
13         (i) the monitoring is used for the purpose of service
14     quality control of marketing or opinion research or
15     telephone solicitation, the education or training of
16     employees or contractors engaged in marketing or opinion
17     research or telephone solicitation, or internal research
18     related to marketing or opinion research or telephone
19     solicitation; and
20         (ii) the monitoring is used with the consent of at
21     least one person who is an active party to the marketing or
22     opinion research conversation or telephone solicitation
23     conversation being monitored.
24     No communication or conversation or any part, portion, or
25 aspect of the communication or conversation made, acquired, or
26 obtained, directly or indirectly, under this exemption (j), may

 

 

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1 be, directly or indirectly, furnished to any law enforcement
2 officer, agency, or official for any purpose or used in any
3 inquiry or investigation, or used, directly or indirectly, in
4 any administrative, judicial, or other proceeding, or divulged
5 to any third party.
6     When recording or listening authorized by this subsection
7 (j) on telephone lines used for marketing or opinion research
8 or telephone solicitation purposes results in recording or
9 listening to a conversation that does not relate to marketing
10 or opinion research or telephone solicitation; the person
11 recording or listening shall, immediately upon determining
12 that the conversation does not relate to marketing or opinion
13 research or telephone solicitation, terminate the recording or
14 listening and destroy any such recording as soon as is
15 practicable.
16     Business entities that use a telephone monitoring or
17 telephone recording system pursuant to this exemption (j) shall
18 provide current and prospective employees with notice that the
19 monitoring or recordings may occur during the course of their
20 employment. The notice shall include prominent signage
21 notification within the workplace.
22     Business entities that use a telephone monitoring or
23 telephone recording system pursuant to this exemption (j) shall
24 provide their employees or agents with access to personal-only
25 telephone lines which may be pay telephones, that are not
26 subject to telephone monitoring or telephone recording.

 

 

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1     For the purposes of this subsection (j), "telephone
2 solicitation" means a communication through the use of a
3 telephone by live operators:
4         (i) soliciting the sale of goods or services;
5         (ii) receiving orders for the sale of goods or
6     services;
7         (iii) assisting in the use of goods or services; or
8         (iv) engaging in the solicitation, administration, or
9     collection of bank or retail credit accounts.
10     For the purposes of this subsection (j), "marketing or
11 opinion research" means a marketing or opinion research
12 interview conducted by a live telephone interviewer engaged by
13 a corporation or other business entity whose principal business
14 is the design, conduct, and analysis of polls and surveys
15 measuring the opinions, attitudes, and responses of
16 respondents toward products and services, or social or
17 political issues, or both;
18     (k) Electronic recordings, including but not limited to, a
19 motion picture, videotape, digital, or other visual or audio
20 recording, made of a custodial interrogation of an individual
21 at a police station or other place of detention by a law
22 enforcement officer under Section 5-401.5 of the Juvenile Court
23 Act of 1987 or Section 103-2.1 of the Code of Criminal
24 Procedure of 1963;
25     (l) Recording the interview or statement of any person when
26 the person knows that the interview is being conducted by a law

 

 

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1 enforcement officer or prosecutor and the interview takes place
2 at a police station that is currently participating in the
3 Custodial Interview Pilot Program established under the
4 Illinois Criminal Justice Information Act;
5     (m) An electronic recording, including but not limited to,
6 a motion picture, videotape, digital, or other visual or audio
7 recording, made of the interior of a school bus while the
8 school bus is being used in the transportation of students to
9 and from school and school-sponsored activities, when the
10 school board has adopted a policy authorizing such recording,
11 notice of such recording policy is included in student
12 handbooks and other documents including the policies of the
13 school, notice of the policy regarding recording is provided to
14 parents of students, and notice of such recording is clearly
15 posted on the door of and inside the school bus.
16     Recordings made pursuant to this subsection (m) shall be
17 confidential records and may only be used by school officials
18 (or their designees) and law enforcement personnel for
19 investigations, school disciplinary actions and hearings,
20 proceedings under the Juvenile Court Act of 1987, and criminal
21 prosecutions, related to incidents occurring in or around the
22 school bus; and
23     (n) Recording or listening to an audio transmission from a
24 microphone placed by a person under the authority of a law
25 enforcement agency inside a bait car surveillance vehicle while
26 simultaneously capturing a photographic or video image.

 

 

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1 (Source: P.A. 94-556, eff. 9-11-05; 95-258, eff. 1-1-08;
2 95-352, eff. 8-23-07; 95-463, eff. 6-1-08; 95-876, eff.
3 8-21-08.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.