99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0361

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501.10 new
720 ILCS 5/14-3

    Amends the Illinois Vehicle Code. Requires all law enforcement patrol vehicles to be equipped with video recording equipment by July 1, 2015. Provides that this equipment must be capable of recording at least 10 hours of video footage and recording sound with the use of a wireless microphone. Provides that patrol vehicles with in-car cameras are required to record when: (1) the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed, provided that the recording shall include any field sobriety tests administered during a DUI stop, including the administration of a portable breath test; (2) the patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated and, in the event of an arrest may not conclude before the subject is transported and leaves the vehicle; and (3) the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose and shall continue until the reason for recording ceases to exist. Requires audio and visual recordings of all Illinois Vehicle Code related stops. Makes any video recording made under these provisions subject to the Freedom of Information Act and subpoenas, but allows the law enforcement agency to charge a $25 fee for compliance with any video production request for the purpose of recouping administrative costs. Amends the Criminal Code of 2012 to make conforming changes. Effective July 1, 2015.


LRB099 04281 RLC 24306 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0361LRB099 04281 RLC 24306 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 11-501.10 as follows:
 
6    (625 ILCS 5/11-501.10 new)
7    Sec. 11-501.10. Audio and video recording.
8    (a) Definitions. As used in this Section:
9        "Audio recording" means the recorded conversation
10    between an officer and a second party.
11        "Emergency lights" means oscillating, rotating, or
12    flashing lights on patrol vehicles.
13        "Enforcement stop" means an action by a law enforcement
14    officer in relation to enforcement and investigation
15    duties, including but not limited to, traffic stops,
16    pedestrian stops, abandoned vehicle contacts, motorist
17    assists, commercial motor vehicle stops, roadside safety
18    checks, requests for identification, or responses to
19    requests for emergency assistance.
20        "In-car video camera" means a video camera located in a
21    law enforcement patrol vehicle.
22        "In-car video camera recording equipment" means a
23    video camera recording system located in a law enforcement

 

 

HB0361- 2 -LRB099 04281 RLC 24306 b

1    patrol vehicle consisting of a camera assembly, recording
2    mechanism, and an in-car video recording medium.
3        "Recording" means the process of capturing data or
4    information stored on a recording medium to include both
5    audio and video as required under this Section.
6        "Recording medium" means any recording medium
7    authorized by a law enforcement agency for the retention
8    and playback of recorded audio and video including, but not
9    limited to, VHS, DVD, hard drive, solid state, digital, or
10    flash memory technology.
11        "Wireless microphone" means a device worn by the
12    officer or any other equipment used to record conversations
13    between the officer and a second party and transmitted to
14    the recording equipment.
15    (b) On or before July 1, 2015, all law enforcement agencies
16shall install in-car video camera recording equipment in all
17patrol vehicles. All patrol vehicles shall be equipped with
18in-car video camera recording equipment with a recording medium
19capable of recording for 10 hours or more. In-car video camera
20recording equipment shall be capable of making audio recordings
21with the assistance of a wireless microphone.
22    (c) In-car video camera recording equipment with a
23recording medium shall record activities outside a patrol
24vehicle in the following circumstances:
25        (1) Recording for an enforcement stop shall begin when
26    the officer determines an enforcement stop is necessary and

 

 

HB0361- 3 -LRB099 04281 RLC 24306 b

1    shall continue until the enforcement action has been
2    completed, provided that, in the event the enforcement stop
3    involves an investigation for a violation of Section 11-501
4    of this Code or a similar provision of a local ordinance,
5    the recording shall include any field sobriety tests
6    administered, including the administration of a portable
7    breath test under Section 11-501.5 of this Code.
8        (2) Recording shall begin when patrol vehicle
9    emergency lights are activated or when they would otherwise
10    be activated if not for the need to conceal the presence of
11    law enforcement, and shall continue until the reason for
12    the activation ceases to exist, regardless of whether the
13    emergency lights are no longer activated and, in the event
14    of an arrest may not conclude before the subject is
15    transported and leaves the vehicle.
16        (3) An officer may also begin recording if the officer
17    reasonably believes recording may assist with a
18    prosecution, enhance safety, or for any other lawful
19    purpose; and shall continue until the reason for recording
20    ceases to exist.
21    (d) In-car video camera recording equipment with a
22recording medium shall record activities inside the vehicle
23when transporting an arrestee or when an officer reasonably
24believes recording may assist with a prosecution, enhance
25safety, or for any other lawful purpose.
26    (e) In-car video camera recording equipment with a

 

 

HB0361- 4 -LRB099 04281 RLC 24306 b

1recording medium capable of recording 10 hours or more shall
2record activities whenever a patrol vehicle is assigned to
3patrol duty.
4    (f) Any enforcement stop resulting from a suspected
5violation of the Illinois Vehicle Code shall be video and audio
6recorded. Audio recording shall terminate upon release of the
7violator.
8    (g) If the subject of the enforcement stop is charged with
9a violation of Section 11-501 of this Code or a similar
10provision of a local ordinance, the law enforcement agency
11shall video and audio record the administration of the warning
12to the motorist under Section 11-501.1 of this Code, the
1320-minute observation period before the administration of any
14breath test, and the administration of a breath test under
15Section 11-501.2 of this Code or the person's refusal to submit
16to testing.
17    (h) Recordings shall be retained by the law enforcement
18agency for a storage period of at least 90 days. Under no
19circumstances shall any recording be altered or erased prior to
20the expiration of the designated storage period. Upon
21completion of the storage period, the recording medium may be
22erased and reissued for operational use unless otherwise
23ordered by the supervisor or his or her designee or by a court,
24or if designated for evidentiary or training purposes. Provided
25that, if the enforcement stop results in an arrest for
26violation of Section 11-501 of this Code or a similar provision

 

 

HB0361- 5 -LRB099 04281 RLC 24306 b

1of a local ordinance, all recordings required under this
2Section shall be retained until such time as the criminal
3proceedings have terminated or as otherwise required by court
4order, whichever is longer.
5    (i) Audio or video recordings made under this Section shall
6be available under the applicable provisions of the Freedom of
7Information Act. Only recorded portions of the audio recording
8or video recording medium applicable to the request shall be
9available for inspection or copying. The recordings shall also
10be subject to subpoena when the law enforcement stop has
11resulted in the filing of a criminal complaint.
12    (j) The law enforcement agency shall ensure proper care and
13maintenance of in-car video camera recording equipment and
14recording medium and breath site video recording equipment and
15recording medium as provided in subsection (g) of this Section.
16An officer operating a patrol vehicle must immediately document
17and notify a supervisor or his or her designee of any technical
18difficulties, failures, or problems with the in-car video
19camera recording equipment or recording medium or breath site
20video recording equipment and recording medium. Upon receiving
21notice, the supervisor or his or her designee shall make every
22reasonable effort to correct and repair the in-car video camera
23recording equipment or recording medium or breath site video
24recording equipment or recording medium and further, determine
25if it is in the public interest to permit the use of the patrol
26vehicle or breath test equipment.

 

 

HB0361- 6 -LRB099 04281 RLC 24306 b

1    (k) The law enforcement agency may assess the person
2requesting a copy of any recording made under this Section a
3fee not to exceed $25 to recover the reasonable costs
4associated with complying with the request. This fee may be
5waived if the requesting party is found to be indigent by the
6court.
7    (l) The Department of State Police may adopt rules to
8implement this Act.
 
9    Section 10. The Criminal Code of 2012 is amended by
10changing Section 14-3 as follows:
 
11    (720 ILCS 5/14-3)
12    Sec. 14-3. Exemptions. The following activities shall be
13exempt from the provisions of this Article:
14    (a) Listening to radio, wireless electronic
15communications, and television communications of any sort
16where the same are publicly made;
17    (b) Hearing conversation when heard by employees of any
18common carrier by wire incidental to the normal course of their
19employment in the operation, maintenance or repair of the
20equipment of such common carrier by wire so long as no
21information obtained thereby is used or divulged by the hearer;
22    (c) Any broadcast by radio, television or otherwise whether
23it be a broadcast or recorded for the purpose of later
24broadcasts of any function where the public is in attendance

 

 

HB0361- 7 -LRB099 04281 RLC 24306 b

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

 

 

HB0361- 8 -LRB099 04281 RLC 24306 b

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

 

 

HB0361- 9 -LRB099 04281 RLC 24306 b

1issue regulations as are necessary concerning the use of
2devices, retention of tape recordings, and reports regarding
3their use;
4    (g-5) (Blank);
5    (g-6) With approval of the State's Attorney of the county
6in which it is to occur, recording or listening with the aid of
7any device to any conversation where a law enforcement officer,
8or any person acting at the direction of law enforcement, is a
9party to the conversation and has consented to it being
10intercepted or recorded in the course of an investigation of
11child pornography, aggravated child pornography, indecent
12solicitation of a child, luring of a minor, sexual exploitation
13of a child, aggravated criminal sexual abuse in which the
14victim of the offense was at the time of the commission of the
15offense under 18 years of age, or criminal sexual abuse by
16force or threat of force in which the victim of the offense was
17at the time of the commission of the offense under 18 years of
18age. In all such cases, an application for an order approving
19the previous or continuing use of an eavesdropping device must
20be made within 48 hours of the commencement of such use. In the
21absence of such an order, or upon its denial, any continuing
22use shall immediately terminate. The Director of State Police
23shall issue rules as are necessary concerning the use of
24devices, retention of recordings, and reports regarding their
25use. Any recording or evidence obtained or derived in the
26course of an investigation of child pornography, aggravated

 

 

HB0361- 10 -LRB099 04281 RLC 24306 b

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

 

 

HB0361- 11 -LRB099 04281 RLC 24306 b

1enforcement stop; or (ii) patrol vehicle emergency lights are
2activated or would otherwise be activated if not for the need
3to conceal the presence of law enforcement.
4    For the purposes of this subsection (h), "enforcement stop"
5means an action by a law enforcement officer in relation to
6enforcement and investigation duties, including but not
7limited to, traffic stops, pedestrian stops, abandoned vehicle
8contacts, motorist assists, commercial motor vehicle stops,
9roadside safety checks, requests for identification, or
10responses to requests for emergency assistance;
11    (h-5) Recordings of utterances made by a person while in
12the presence of a uniformed peace officer and while an occupant
13of a police vehicle including, but not limited to, (i)
14recordings made simultaneously with the use of an in-car video
15camera and (ii) recordings made in the presence of the peace
16officer utilizing video or audio systems, or both, authorized
17by the law enforcement agency;
18    (h-10) Recordings made simultaneously with a video camera
19recording during the use of a taser or similar weapon or device
20by a peace officer if the weapon or device is equipped with
21such camera;
22    (h-15) Recordings made under subsection (h), (h-5), or
23(h-10), or (h-20) shall be retained by the law enforcement
24agency that employs the peace officer who made the recordings
25for a storage period of 90 days, unless the recordings are made
26as a part of an arrest or the recordings are deemed evidence in

 

 

HB0361- 12 -LRB099 04281 RLC 24306 b

1any criminal, civil, or administrative proceeding and then the
2recordings must only be destroyed upon a final disposition and
3an order from the court. Under no circumstances shall any
4recording be altered or erased prior to the expiration of the
5designated storage period. Upon completion of the storage
6period, the recording medium may be erased and reissued for
7operational use;
8    (h-20) Recordings of activities at an evidentiary breath
9alcohol test site made under Section 11-501.10 of the Illinois
10Vehicle Code;
11    (i) Recording of a conversation made by or at the request
12of a person, not a law enforcement officer or agent of a law
13enforcement officer, who is a party to the conversation, under
14reasonable suspicion that another party to the conversation is
15committing, is about to commit, or has committed a criminal
16offense against the person or a member of his or her immediate
17household, and there is reason to believe that evidence of the
18criminal offense may be obtained by the recording;
19    (j) The use of a telephone monitoring device by either (1)
20a corporation or other business entity engaged in marketing or
21opinion research or (2) a corporation or other business entity
22engaged in telephone solicitation, as defined in this
23subsection, to record or listen to oral telephone solicitation
24conversations or marketing or opinion research conversations
25by an employee of the corporation or other business entity
26when:

 

 

HB0361- 13 -LRB099 04281 RLC 24306 b

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

 

 

HB0361- 14 -LRB099 04281 RLC 24306 b

1research or telephone solicitation, terminate the recording or
2listening and destroy any such recording as soon as is
3practicable.
4    Business entities that use a telephone monitoring or
5telephone recording system pursuant to this exemption (j) shall
6provide current and prospective employees with notice that the
7monitoring or recordings may occur during the course of their
8employment. The notice shall include prominent signage
9notification within the workplace.
10    Business entities that use a telephone monitoring or
11telephone recording system pursuant to this exemption (j) shall
12provide their employees or agents with access to personal-only
13telephone lines which may be pay telephones, that are not
14subject to telephone monitoring or telephone recording.
15    For the purposes of this subsection (j), "telephone
16solicitation" means a communication through the use of a
17telephone by live operators:
18        (i) soliciting the sale of goods or services;
19        (ii) receiving orders for the sale of goods or
20    services;
21        (iii) assisting in the use of goods or services; or
22        (iv) engaging in the solicitation, administration, or
23    collection of bank or retail credit accounts.
24    For the purposes of this subsection (j), "marketing or
25opinion research" means a marketing or opinion research
26interview conducted by a live telephone interviewer engaged by

 

 

HB0361- 15 -LRB099 04281 RLC 24306 b

1a corporation or other business entity whose principal business
2is the design, conduct, and analysis of polls and surveys
3measuring the opinions, attitudes, and responses of
4respondents toward products and services, or social or
5political issues, or both;
6    (k) Electronic recordings, including but not limited to, a
7motion picture, videotape, digital, or other visual or audio
8recording, made of a custodial interrogation of an individual
9at a police station or other place of detention by a law
10enforcement officer under Section 5-401.5 of the Juvenile Court
11Act of 1987 or Section 103-2.1 of the Code of Criminal
12Procedure of 1963;
13    (l) Recording the interview or statement of any person when
14the person knows that the interview is being conducted by a law
15enforcement officer or prosecutor and the interview takes place
16at a police station that is currently participating in the
17Custodial Interview Pilot Program established under the
18Illinois Criminal Justice Information Act;
19    (m) An electronic recording, including but not limited to,
20a motion picture, videotape, digital, or other visual or audio
21recording, made of the interior of a school bus while the
22school bus is being used in the transportation of students to
23and from school and school-sponsored activities, when the
24school board has adopted a policy authorizing such recording,
25notice of such recording policy is included in student
26handbooks and other documents including the policies of the

 

 

HB0361- 16 -LRB099 04281 RLC 24306 b

1school, notice of the policy regarding recording is provided to
2parents of students, and notice of such recording is clearly
3posted on the door of and inside the school bus.
4    Recordings made pursuant to this subsection (m) shall be
5confidential records and may only be used by school officials
6(or their designees) and law enforcement personnel for
7investigations, school disciplinary actions and hearings,
8proceedings under the Juvenile Court Act of 1987, and criminal
9prosecutions, related to incidents occurring in or around the
10school bus;
11    (n) Recording or listening to an audio transmission from a
12microphone placed by a person under the authority of a law
13enforcement agency inside a bait car surveillance vehicle while
14simultaneously capturing a photographic or video image;
15    (o) The use of an eavesdropping camera or audio device
16during an ongoing hostage or barricade situation by a law
17enforcement officer or individual acting on behalf of a law
18enforcement officer when the use of such device is necessary to
19protect the safety of the general public, hostages, or law
20enforcement officers or anyone acting on their behalf;
21    (p) Recording or listening with the aid of any device to
22incoming telephone calls of phone lines publicly listed or
23advertised as the "CPS Violence Prevention Hotline", but only
24where the notice of recording is given at the beginning of each
25call as required by Section 34-21.8 of the School Code. The
26recordings may be retained only by the Chicago Police

 

 

HB0361- 17 -LRB099 04281 RLC 24306 b

1Department or other law enforcement authorities, and shall not
2be otherwise retained or disseminated;
3    (q)(1) With prior request to and written or verbal approval
4of the State's Attorney of the county in which the conversation
5is anticipated to occur, recording or listening with the aid of
6an eavesdropping device to a conversation in which a law
7enforcement officer, or any person acting at the direction of a
8law enforcement officer, is a party to the conversation and has
9consented to the conversation being intercepted or recorded in
10the course of an investigation of a qualified offense. The
11State's Attorney may grant this approval only after determining
12that reasonable cause exists to believe that inculpatory
13conversations concerning a qualified offense will occur with a
14specified individual or individuals within a designated period
15of time.
16    (2) Request for approval. To invoke the exception contained
17in this subsection (q), a law enforcement officer shall make a
18request for approval to the appropriate State's Attorney. The
19request may be written or verbal; however, a written
20memorialization of the request must be made by the State's
21Attorney. This request for approval shall include whatever
22information is deemed necessary by the State's Attorney but
23shall include, at a minimum, the following information about
24each specified individual whom the law enforcement officer
25believes will commit a qualified offense:
26        (A) his or her full or partial name, nickname or alias;

 

 

HB0361- 18 -LRB099 04281 RLC 24306 b

1        (B) a physical description; or
2        (C) failing either (A) or (B) of this paragraph (2),
3    any other supporting information known to the law
4    enforcement officer at the time of the request that gives
5    rise to reasonable cause to believe that the specified
6    individual will participate in an inculpatory conversation
7    concerning a qualified offense.
8    (3) Limitations on approval. Each written approval by the
9State's Attorney under this subsection (q) shall be limited to:
10        (A) a recording or interception conducted by a
11    specified law enforcement officer or person acting at the
12    direction of a law enforcement officer;
13        (B) recording or intercepting conversations with the
14    individuals specified in the request for approval,
15    provided that the verbal approval shall be deemed to
16    include the recording or intercepting of conversations
17    with other individuals, unknown to the law enforcement
18    officer at the time of the request for approval, who are
19    acting in conjunction with or as co-conspirators with the
20    individuals specified in the request for approval in the
21    commission of a qualified offense;
22        (C) a reasonable period of time but in no event longer
23    than 24 consecutive hours;
24        (D) the written request for approval, if applicable, or
25    the written memorialization must be filed, along with the
26    written approval, with the circuit clerk of the

 

 

HB0361- 19 -LRB099 04281 RLC 24306 b

1    jurisdiction on the next business day following the
2    expiration of the authorized period of time, and shall be
3    subject to review by the Chief Judge or his or her designee
4    as deemed appropriate by the court.
5    (3.5) The written memorialization of the request for
6approval and the written approval by the State's Attorney may
7be in any format, including via facsimile, email, or otherwise,
8so long as it is capable of being filed with the circuit clerk.
9    (3.10) Beginning March 1, 2015, each State's Attorney shall
10annually submit a report to the General Assembly disclosing:
11        (A) the number of requests for each qualified offense
12    for approval under this subsection; and
13        (B) the number of approvals for each qualified offense
14    given by the State's Attorney.
15    (4) Admissibility of evidence. No part of the contents of
16any wire, electronic, or oral communication that has been
17recorded or intercepted as a result of this exception may be
18received in evidence in any trial, hearing, or other proceeding
19in or before any court, grand jury, department, officer,
20agency, regulatory body, legislative committee, or other
21authority of this State, or a political subdivision of the
22State, other than in a prosecution of:
23        (A) the qualified offense for which approval was given
24    to record or intercept a conversation under this subsection
25    (q);
26        (B) a forcible felony committed directly in the course

 

 

HB0361- 20 -LRB099 04281 RLC 24306 b

1    of the investigation of the qualified offense for which
2    approval was given to record or intercept a conversation
3    under this subsection (q); or
4        (C) any other forcible felony committed while the
5    recording or interception was approved in accordance with
6    this subsection (q), but for this specific category of
7    prosecutions, only if the law enforcement officer or person
8    acting at the direction of a law enforcement officer who
9    has consented to the conversation being intercepted or
10    recorded suffers great bodily injury or is killed during
11    the commission of the charged forcible felony.
12    (5) Compliance with the provisions of this subsection is a
13prerequisite to the admissibility in evidence of any part of
14the contents of any wire, electronic or oral communication that
15has been intercepted as a result of this exception, but nothing
16in this subsection shall be deemed to prevent a court from
17otherwise excluding the evidence on any other ground recognized
18by State or federal law, nor shall anything in this subsection
19be deemed to prevent a court from independently reviewing the
20admissibility of the evidence for compliance with the Fourth
21Amendment to the U.S. Constitution or with Article I, Section 6
22of the Illinois Constitution.
23    (6) Use of recordings or intercepts unrelated to qualified
24offenses. Whenever any private conversation or private
25electronic communication has been recorded or intercepted as a
26result of this exception that is not related to an offense for

 

 

HB0361- 21 -LRB099 04281 RLC 24306 b

1which the recording or intercept is admissible under paragraph
2(4) of this subsection (q), no part of the contents of the
3communication and evidence derived from the communication may
4be received in evidence in any trial, hearing, or other
5proceeding in or before any court, grand jury, department,
6officer, agency, regulatory body, legislative committee, or
7other authority of this State, or a political subdivision of
8the State, nor may it be publicly disclosed in any way.
9    (6.5) The Department of State Police shall adopt rules as
10are necessary concerning the use of devices, retention of
11recordings, and reports regarding their use under this
12subsection (q).
13    (7) Definitions. For the purposes of this subsection (q)
14only:
15        "Forcible felony" includes and is limited to those
16    offenses contained in Section 2-8 of the Criminal Code of
17    1961 as of the effective date of this amendatory Act of the
18    97th General Assembly, and only as those offenses have been
19    defined by law or judicial interpretation as of that date.
20        "Qualified offense" means and is limited to:
21            (A) a felony violation of the Cannabis Control Act,
22        the Illinois Controlled Substances Act, or the
23        Methamphetamine Control and Community Protection Act,
24        except for violations of:
25                (i) Section 4 of the Cannabis Control Act;
26                (ii) Section 402 of the Illinois Controlled

 

 

HB0361- 22 -LRB099 04281 RLC 24306 b

1            Substances Act; and
2                (iii) Section 60 of the Methamphetamine
3            Control and Community Protection Act; and
4            (B) first degree murder, solicitation of murder
5        for hire, predatory criminal sexual assault of a child,
6        criminal sexual assault, aggravated criminal sexual
7        assault, aggravated arson, kidnapping, aggravated
8        kidnapping, child abduction, trafficking in persons,
9        involuntary servitude, involuntary sexual servitude of
10        a minor, or gunrunning.
11        "State's Attorney" includes and is limited to the
12    State's Attorney or an assistant State's Attorney
13    designated by the State's Attorney to provide verbal
14    approval to record or intercept conversations under this
15    subsection (q).
16    (8) Sunset. This subsection (q) is inoperative on and after
17January 1, 2018. No conversations intercepted pursuant to this
18subsection (q), while operative, shall be inadmissible in a
19court of law by virtue of the inoperability of this subsection
20(q) on January 1, 2018.
21    (9) Recordings, records, and custody. Any private
22conversation or private electronic communication intercepted
23by a law enforcement officer or a person acting at the
24direction of law enforcement shall, if practicable, be recorded
25in such a way as will protect the recording from editing or
26other alteration. Any and all original recordings made under

 

 

HB0361- 23 -LRB099 04281 RLC 24306 b

1this subsection (q) shall be inventoried without unnecessary
2delay pursuant to the law enforcement agency's policies for
3inventorying evidence. The original recordings shall not be
4destroyed except upon an order of a court of competent
5jurisdiction; and
6    (r) Electronic recordings, including but not limited to,
7motion picture, videotape, digital, or other visual or audio
8recording, made of a lineup under Section 107A-2 of the Code of
9Criminal Procedure of 1963.
10(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
1197-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
121-1-15; 98-1142, eff. 12-30-14.)
 
13    Section 99. Effective date. This Act takes effect July 1,
142015.