98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3299

 

Introduced , by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/14-3

    Amends the Criminal Code of 2012 concerning exceptions to eavesdropping violations. Provides that with prior request to and verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which 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 a sex offense is permitted. Defines "sex offense" as including and limited to involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, traveling to meet a minor for sexual conduct, sexual exploitation of a child, grooming, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age.


LRB098 09083 RLC 39220 b

 

 

A BILL FOR

 

HB3299LRB098 09083 RLC 39220 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 14-3 as follows:
 
6    (720 ILCS 5/14-3)
7    Sec. 14-3. Exemptions. The following activities shall be
8exempt from the provisions of this Article:
9    (a) Listening to radio, wireless and television
10communications of any sort where the same are publicly made;
11    (b) Hearing conversation when heard by employees of any
12common carrier by wire incidental to the normal course of their
13employment in the operation, maintenance or repair of the
14equipment of such common carrier by wire so long as no
15information obtained thereby is used or divulged by the hearer;
16    (c) Any broadcast by radio, television or otherwise whether
17it be a broadcast or recorded for the purpose of later
18broadcasts of any function where the public is in attendance
19and the conversations are overheard incidental to the main
20purpose for which such broadcasts are then being made;
21    (d) Recording or listening with the aid of any device to
22any emergency communication made in the normal course of
23operations by any federal, state or local law enforcement

 

 

HB3299- 2 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 3 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 4 -LRB098 09083 RLC 39220 b

1any device to any conversation where a law enforcement officer,
2or any person acting at the direction of law enforcement, is a
3party to the conversation and has consented to it being
4intercepted or recorded in the course of an investigation of
5any offense defined in Article 29D of this Code. In all such
6cases, an application for an order approving the previous or
7continuing use of an eavesdropping device must be made within
848 hours of the commencement of such use. In the absence of
9such an order, or upon its denial, any continuing use shall
10immediately terminate. The Director of State Police shall issue
11rules as are necessary concerning the use of devices, retention
12of tape recordings, and reports regarding their use.
13    Any recording or evidence obtained or derived in the course
14of an investigation of any offense defined in Article 29D of
15this Code shall, upon motion of the State's Attorney or
16Attorney General prosecuting any violation of Article 29D, be
17reviewed in camera with notice to all parties present by the
18court presiding over the criminal case, and, if ruled by the
19court to be relevant and otherwise admissible, it shall be
20admissible at the trial of the criminal case.
21    This subsection (g-5) is inoperative on and after January
221, 2005. No conversations recorded or monitored pursuant to
23this subsection (g-5) shall be inadmissible in a court of law
24by virtue of the repeal of this subsection (g-5) on January 1,
252005;
26    (g-6) With prior request to and verbal approval of the

 

 

HB3299- 5 -LRB098 09083 RLC 39220 b

1State's Attorney of the county in which the conversation is
2anticipated to occur it is to occur, recording or listening
3with the aid of an eavesdropping device to a any device to any
4conversation in which where a law enforcement officer, or any
5person acting at the direction of law enforcement, is a party
6to the conversation and has consented to it being intercepted
7or recorded in the course of an investigation of a sex offense
8as defined in paragraph (6). The State's Attorney may grant
9this verbal approval only after determining that reasonable
10cause exists to believe that a sex offense will be committed by
11a specified individual or individuals within a designated
12period of time.
13    (1) Request for approval. To invoke the exception contained
14in this subsection (g-6), a law enforcement officer shall make
15a written or verbal request for approval to the appropriate
16State's Attorney. This request for approval shall include
17whatever information is deemed necessary by the State's
18Attorney but shall include, at a minimum, the following
19information about each specified individual whom the law
20enforcement officer believes will commit a sex offense:
21        (A) his or her full or partial name, nickname or alias;
22        (B) a physical description; or
23        (C) failing either subparagraph (A) or (B) of this
24    paragraph (1), any other supporting information known to
25    the law enforcement officer at the time of the request that
26    gives rise to reasonable cause to believe the individual

 

 

HB3299- 6 -LRB098 09083 RLC 39220 b

1    will commit a sex offense.
2    (2) Limitations on verbal approval. Each verbal approval by
3the State's Attorney under this subsection (g-6) shall be
4limited to:
5        (A) a recording or interception conducted by a
6    specified law enforcement officer or person acting at the
7    direction of a law enforcement officer;
8        (B) recording or intercepting conversations with the
9    individuals specified in the request for approval,
10    provided that the verbal approval shall be deemed to
11    include the recording or intercepting of conversations
12    with other individuals, unknown to the law enforcement
13    officer at the time of the request for approval, who are
14    acting in conjunction with or as co-conspirators with the
15    individuals specified in the request for approval in the
16    commission of a sex offense;
17        (C) a reasonable period of time but in no event longer
18    than 24 consecutive hours.
19    (3) Admissibility of evidence. No part of the contents of
20any wire, electronic, or oral communication that has been
21recorded or intercepted as a result of this exception may be
22received in evidence in any trial, hearing, or other proceeding
23in or before any court, grand jury, department, officer,
24agency, regulatory body, legislative committee, or other
25authority of this State, or a political subdivision of the
26State, other than in a prosecution of:

 

 

HB3299- 7 -LRB098 09083 RLC 39220 b

1        (A) a sex offense;
2        (B) a forcible felony committed directly in the course
3    of the investigation of a sex offense for which verbal
4    approval was given to record or intercept a conversation
5    under this subsection (g-6); or
6        (C) any other forcible felony committed while the
7    recording or interception was approved in accordance with
8    this Section (g-6), but for this specific category of
9    prosecutions, only if the law enforcement officer or person
10    acting at the direction of a law enforcement officer who
11    has consented to the conversation being intercepted or
12    recorded suffers great bodily injury or is killed during
13    the commission of the charged forcible felony.
14    (4) Compliance with the provisions of this subsection is a
15prerequisite to the admissibility in evidence of any part of
16the contents of any wire, electronic or oral communication that
17has been intercepted as a result of this exception, but nothing
18in this subsection shall be deemed to prevent a court from
19otherwise excluding the evidence on any other ground, nor shall
20anything in this subsection be deemed to prevent a court from
21independently reviewing the admissibility of the evidence for
22compliance with the Fourth Amendment to the U.S. Constitution
23or with Article I, Section 6 of the Illinois Constitution.
24    (5) Use of recordings or intercepts unrelated to sex
25offenses. Whenever any wire, electronic, or oral communication
26has been recorded or intercepted as a result of this exception

 

 

HB3299- 8 -LRB098 09083 RLC 39220 b

1that is not related to a sex offense or a forcible felony
2committed in the course of a sex offense, no part of the
3contents of the communication and evidence derived from the
4communication may be received in evidence in any trial,
5hearing, or other proceeding in or before any court, grand
6jury, department, officer, agency, regulatory body,
7legislative committee, or other authority of this State, or a
8political subdivision of the State, nor may it be publicly
9disclosed in any way.
10    (6) Definitions. For the purposes of this subsection (g-6)
11only:
12        "Sex offense" includes and is limited to involuntary
13    servitude, involuntary sexual servitude of a minor,
14    trafficking in persons, child pornography, aggravated
15    child pornography, indecent solicitation of a child, child
16    abduction, luring of a minor, traveling to meet a minor for
17    sexual conduct, sexual exploitation of a child, grooming,
18    predatory criminal sexual assault of a child, aggravated
19    criminal sexual abuse in which the victim of the offense
20    was at the time of the commission of the offense under 18
21    years of age, criminal sexual abuse by force or threat of
22    force in which the victim of the offense was at the time of
23    the commission of the offense under 18 years of age, or
24    aggravated criminal sexual assault in which the victim of
25    the offense was at the time of the commission of the
26    offense under 18 years of age.

 

 

HB3299- 9 -LRB098 09083 RLC 39220 b

1        "Child" means a person under 17 years of age.
2        "State's Attorney" includes and is limited to the
3    State's Attorney or an assistant State's Attorney
4    designated by the State's Attorney to provide verbal
5    approval to record or intercept conversations under this
6    subsection (g-6); involuntary servitude, involuntary
7    sexual servitude of a minor, trafficking in persons, child
8    pornography, aggravated child pornography, indecent
9    solicitation of a child, child abduction, luring of a
10    minor, sexual exploitation of a child, predatory criminal
11    sexual assault of a child, aggravated criminal sexual abuse
12    in which the victim of the offense was at the time of the
13    commission of the offense under 18 years of age, criminal
14    sexual abuse by force or threat of force in which the
15    victim of the offense was at the time of the commission of
16    the offense under 18 years of age, or aggravated criminal
17    sexual assault in which the victim of the offense was at
18    the time of the commission of the offense under 18 years of
19    age. In all such cases, an application for an order
20    approving the previous or continuing use of an
21    eavesdropping device must be made within 48 hours of the
22    commencement of such use. In the absence of such an order,
23    or upon its denial, any continuing use shall immediately
24    terminate. The Director of State Police shall issue rules
25    as are necessary concerning the use of devices, retention
26    of recordings, and reports regarding their use. Any

 

 

HB3299- 10 -LRB098 09083 RLC 39220 b

1    recording or evidence obtained or derived in the course of
2    an investigation of involuntary servitude, involuntary
3    sexual servitude of a minor, trafficking in persons, child
4    pornography, aggravated child pornography, indecent
5    solicitation of a child, child abduction, luring of a
6    minor, sexual exploitation of a child, predatory criminal
7    sexual assault of a child, aggravated criminal sexual abuse
8    in which the victim of the offense was at the time of the
9    commission of the offense under 18 years of age, criminal
10    sexual abuse by force or threat of force in which the
11    victim of the offense was at the time of the commission of
12    the offense under 18 years of age, or aggravated criminal
13    sexual assault in which the victim of the offense was at
14    the time of the commission of the offense under 18 years of
15    age shall, upon motion of the State's Attorney or Attorney
16    General prosecuting any case involving involuntary
17    servitude, involuntary sexual servitude of a minor,
18    trafficking in persons, child pornography, aggravated
19    child pornography, indecent solicitation of a child, child
20    abduction, luring of a minor, sexual exploitation of a
21    child, predatory criminal sexual assault of a child,
22    aggravated criminal sexual abuse in which the victim of the
23    offense was at the time of the commission of the offense
24    under 18 years of age, criminal sexual abuse by force or
25    threat of force in which the victim of the offense was at
26    the time of the commission of the offense under 18 years of

 

 

HB3299- 11 -LRB098 09083 RLC 39220 b

1    age, or aggravated criminal sexual assault in which the
2    victim of the offense was at the time of the commission of
3    the offense under 18 years of age, be reviewed in camera
4    with notice to all parties present by the court presiding
5    over the criminal case, and, if ruled by the court to be
6    relevant and otherwise admissible, it shall be admissible
7    at the trial of the criminal case. Absent such a ruling,
8    any such recording or evidence shall not be admissible at
9    the trial of the criminal case;
10    (h) Recordings made simultaneously with the use of an
11in-car video camera recording of an oral conversation between a
12uniformed peace officer, who has identified his or her office,
13and a person in the presence of the peace officer whenever (i)
14an officer assigned a patrol vehicle is conducting an
15enforcement stop; or (ii) patrol vehicle emergency lights are
16activated or would otherwise be activated if not for the need
17to conceal the presence of law enforcement.
18    For the purposes of this subsection (h), "enforcement stop"
19means an action by a law enforcement officer in relation to
20enforcement and investigation duties, including but not
21limited to, traffic stops, pedestrian stops, abandoned vehicle
22contacts, motorist assists, commercial motor vehicle stops,
23roadside safety checks, requests for identification, or
24responses to requests for emergency assistance;
25    (h-5) Recordings of utterances made by a person while in
26the presence of a uniformed peace officer and while an occupant

 

 

HB3299- 12 -LRB098 09083 RLC 39220 b

1of a police vehicle including, but not limited to, (i)
2recordings made simultaneously with the use of an in-car video
3camera and (ii) recordings made in the presence of the peace
4officer utilizing video or audio systems, or both, authorized
5by the law enforcement agency;
6    (h-10) Recordings made simultaneously with a video camera
7recording during the use of a taser or similar weapon or device
8by a peace officer if the weapon or device is equipped with
9such camera;
10    (h-15) Recordings made under subsection (h), (h-5), or
11(h-10) shall be retained by the law enforcement agency that
12employs the peace officer who made the recordings for a storage
13period of 90 days, unless the recordings are made as a part of
14an arrest or the recordings are deemed evidence in any
15criminal, civil, or administrative proceeding and then the
16recordings must only be destroyed upon a final disposition and
17an order from the court. Under no circumstances shall any
18recording be altered or erased prior to the expiration of the
19designated storage period. Upon completion of the storage
20period, the recording medium may be erased and reissued for
21operational use;
22    (i) Recording of a conversation made by or at the request
23of a person, not a law enforcement officer or agent of a law
24enforcement officer, who is a party to the conversation, under
25reasonable suspicion that another party to the conversation is
26committing, is about to commit, or has committed a criminal

 

 

HB3299- 13 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 14 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 15 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 16 -LRB098 09083 RLC 39220 b

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

 

 

HB3299- 17 -LRB098 09083 RLC 39220 b

1during an ongoing hostage or barricade situation by a law
2enforcement officer or individual acting on behalf of a law
3enforcement officer when the use of such device is necessary to
4protect the safety of the general public, hostages, or law
5enforcement officers or anyone acting on their behalf;
6    (p) Recording or listening with the aid of any device to
7incoming telephone calls of phone lines publicly listed or
8advertised as the "CPS Violence Prevention Hotline", but only
9where the notice of recording is given at the beginning of each
10call as required by Section 34-21.8 of the School Code. The
11recordings may be retained only by the Chicago Police
12Department or other law enforcement authorities, and shall not
13be otherwise retained or disseminated; and
14    (q)(1) With prior request to and verbal approval of the
15State's Attorney of the county in which the conversation is
16anticipated to occur, recording or listening with the aid of an
17eavesdropping device to a conversation in which a law
18enforcement officer, or any person acting at the direction of a
19law enforcement officer, is a party to the conversation and has
20consented to the conversation being intercepted or recorded in
21the course of an investigation of a drug offense. The State's
22Attorney may grant this verbal approval only after determining
23that reasonable cause exists to believe that a drug offense
24will be committed by a specified individual or individuals
25within a designated period of time.
26    (2) Request for approval. To invoke the exception contained

 

 

HB3299- 18 -LRB098 09083 RLC 39220 b

1in this subsection (q), a law enforcement officer shall make a
2written or verbal request for approval to the appropriate
3State's Attorney. This request for approval shall include
4whatever information is deemed necessary by the State's
5Attorney but shall include, at a minimum, the following
6information about each specified individual whom the law
7enforcement officer believes will commit a drug offense:
8        (A) his or her full or partial name, nickname or alias;
9        (B) a physical description; or
10        (C) failing either (A) or (B) of this paragraph (2),
11    any other supporting information known to the law
12    enforcement officer at the time of the request that gives
13    rise to reasonable cause to believe the individual will
14    commit a drug offense.
15    (3) Limitations on verbal approval. Each verbal approval by
16the State's Attorney under this subsection (q) shall be limited
17to:
18        (A) a recording or interception conducted by a
19    specified law enforcement officer or person acting at the
20    direction of a law enforcement officer;
21        (B) recording or intercepting conversations with the
22    individuals specified in the request for approval,
23    provided that the verbal approval shall be deemed to
24    include the recording or intercepting of conversations
25    with other individuals, unknown to the law enforcement
26    officer at the time of the request for approval, who are

 

 

HB3299- 19 -LRB098 09083 RLC 39220 b

1    acting in conjunction with or as co-conspirators with the
2    individuals specified in the request for approval in the
3    commission of a drug offense;
4        (C) a reasonable period of time but in no event longer
5    than 24 consecutive hours.
6    (4) Admissibility of evidence. No part of the contents of
7any wire, electronic, or oral communication that has been
8recorded or intercepted as a result of this exception may be
9received in evidence in any trial, hearing, or other proceeding
10in or before any court, grand jury, department, officer,
11agency, regulatory body, legislative committee, or other
12authority of this State, or a political subdivision of the
13State, other than in a prosecution of:
14        (A) a drug offense;
15        (B) a forcible felony committed directly in the course
16    of the investigation of a drug offense for which verbal
17    approval was given to record or intercept a conversation
18    under this subsection (q); or
19        (C) any other forcible felony committed while the
20    recording or interception was approved in accordance with
21    this Section (q), but for this specific category of
22    prosecutions, only if the law enforcement officer or person
23    acting at the direction of a law enforcement officer who
24    has consented to the conversation being intercepted or
25    recorded suffers great bodily injury or is killed during
26    the commission of the charged forcible felony.

 

 

HB3299- 20 -LRB098 09083 RLC 39220 b

1    (5) Compliance with the provisions of this subsection is a
2prerequisite to the admissibility in evidence of any part of
3the contents of any wire, electronic or oral communication that
4has been intercepted as a result of this exception, but nothing
5in this subsection shall be deemed to prevent a court from
6otherwise excluding the evidence on any other ground, nor shall
7anything in this subsection be deemed to prevent a court from
8independently reviewing the admissibility of the evidence for
9compliance with the Fourth Amendment to the U.S. Constitution
10or with Article I, Section 6 of the Illinois Constitution.
11    (6) Use of recordings or intercepts unrelated to drug
12offenses. Whenever any wire, electronic, or oral communication
13has been recorded or intercepted as a result of this exception
14that is not related to a drug offense or a forcible felony
15committed in the course of a drug offense, no part of the
16contents of the communication and evidence derived from the
17communication may be received in evidence in any trial,
18hearing, or other proceeding in or before any court, grand
19jury, department, officer, agency, regulatory body,
20legislative committee, or other authority of this State, or a
21political subdivision of the State, nor may it be publicly
22disclosed in any way.
23    (7) Definitions. For the purposes of this subsection (q)
24only:
25        "Drug offense" includes and is limited to a felony
26    violation of one of the following: (A) the Illinois

 

 

HB3299- 21 -LRB098 09083 RLC 39220 b

1    Controlled Substances Act, (B) the Cannabis Control Act,
2    and (C) the Methamphetamine Control and Community
3    Protection Act.
4        "Forcible felony" includes and is limited to those
5    offenses contained in Section 2-8 of the Criminal Code of
6    1961 as of the effective date of this amendatory Act of the
7    97th General Assembly, and only as those offenses have been
8    defined by law or judicial interpretation as of that date.
9        "State's Attorney" includes and is limited to the
10    State's Attorney or an assistant State's Attorney
11    designated by the State's Attorney to provide verbal
12    approval to record or intercept conversations under this
13    subsection (q).
14    (8) Sunset. This subsection (q) is inoperative on and after
15January 1, 2015. No conversations intercepted pursuant to this
16subsection (q), while operative, shall be inadmissible in a
17court of law by virtue of the inoperability of this subsection
18(q) on January 1, 2015.
19(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
2096-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.
217-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
22eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised
238-23-12.)