Illinois General Assembly - Full Text of SB1808
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Full Text of SB1808  97th General Assembly

SB1808ham001 97TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 4/27/2012

 

 


 

 


 
09700SB1808ham001LRB097 00224 RLC 68937 a

1
AMENDMENT TO SENATE BILL 1808

2    AMENDMENT NO. ______. Amend Senate Bill 1808 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Police Act is amended by changing
5Section 14 as follows:
 
6    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
7    Sec. 14. Except as is otherwise provided in this Act, no
8Department of State Police officer shall be removed, demoted or
9suspended except for cause, upon written charges filed with the
10Board by the Director and a hearing before the Board thereon
11upon not less than 10 days' notice at a place to be designated
12by the chairman thereof. At such hearing, the accused shall be
13afforded full opportunity to be heard in his or her own defense
14and to produce proof in his or her defense. Anyone filing a
15complaint against a State Police Officer must have the
16complaint supported by a sworn affidavit. Any such complaint,

 

 

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1having been supported by a sworn affidavit, and having been
2found, in total or in part, to contain false information, shall
3be presented to the appropriate State's Attorney for a
4determination of prosecution. If a recorded conversation
5authorized under subsection (q) of Section 14-3 of the Criminal
6Code of 1961 is used by the complainant as part of the evidence
7of misconduct against the officer and is found to have been
8intentionally altered by or at the direction of the complainant
9to inaccurately reflect the incident at issue, it must be
10presented to the appropriate State's Attorney for a
11determination of prosecution.
12    Before any such officer may be interrogated or examined by
13or before the Board, or by a departmental agent or investigator
14specifically assigned to conduct an internal investigation,
15the results of which hearing, interrogation or examination may
16be the basis for filing charges seeking his or her suspension
17for more than 15 days or his or her removal or discharge, he or
18she shall be advised in writing as to what specific improper or
19illegal act he or she is alleged to have committed; he or she
20shall be advised in writing that his or her admissions made in
21the course of the hearing, interrogation or examination may be
22used as the basis for charges seeking his or her suspension,
23removal or discharge; and he or she shall be advised in writing
24that he or she has a right to counsel of his or her choosing,
25who may be present to advise him or her at any hearing,
26interrogation or examination. A complete record of any hearing,

 

 

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1interrogation or examination shall be made, and a complete
2transcript or electronic recording thereof shall be made
3available to such officer without charge and without delay.
4    The Board shall have the power to secure by its subpoena
5both the attendance and testimony of witnesses and the
6production of books and papers in support of the charges and
7for the defense. Each member of the Board or a designated
8hearing officer shall have the power to administer oaths or
9affirmations. If the charges against an accused are established
10by a preponderance of evidence, the Board shall make a finding
11of guilty and order either removal, demotion, suspension for a
12period of not more than 180 days, or such other disciplinary
13punishment as may be prescribed by the rules and regulations of
14the Board which, in the opinion of the members thereof, the
15offense merits. Thereupon the Director shall direct such
16removal or other punishment as ordered by the Board and if the
17accused refuses to abide by any such disciplinary order, the
18Director shall remove him or her forthwith.
19    If the accused is found not guilty or has served a period
20of suspension greater than prescribed by the Board, the Board
21shall order that the officer receive compensation for the
22period involved. The award of compensation shall include
23interest at the rate of 7% per annum.
24    The Board may include in its order appropriate sanctions
25based upon the Board's rules and regulations. If the Board
26finds that a party has made allegations or denials without

 

 

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1reasonable cause or has engaged in frivolous litigation for the
2purpose of delay or needless increase in the cost of
3litigation, it may order that party to pay the other party's
4reasonable expenses, including costs and reasonable attorney's
5fees. The State of Illinois and the Department shall be subject
6to these sanctions in the same manner as other parties.
7    In case of the neglect or refusal of any person to obey a
8subpoena issued by the Board, any circuit court, upon
9application of any member of the Board, may order such person
10to appear before the Board and give testimony or produce
11evidence, and any failure to obey such order is punishable by
12the court as a contempt thereof.
13    The provisions of the Administrative Review Law, and all
14amendments and modifications thereof, and the rules adopted
15pursuant thereto, shall apply to and govern all proceedings for
16the judicial review of any order of the Board rendered pursuant
17to the provisions of this Section.
18    Notwithstanding the provisions of this Section, a policy
19making officer, as defined in the Employee Rights Violation
20Act, of the Department of State Police shall be discharged from
21the Department of State Police as provided in the Employee
22Rights Violation Act, enacted by the 85th General Assembly.
23(Source: P.A. 96-891, eff. 5-10-10.)
 
24    Section 10. The Uniform Peace Officers' Disciplinary Act is
25amended by changing Section 3.8 as follows:
 

 

 

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1    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
2    Sec. 3.8. Admissions; counsel; verified complaint.
3    (a) No officer shall be interrogated without first being
4advised in writing that admissions made in the course of the
5interrogation may be used as evidence of misconduct or as the
6basis for charges seeking suspension, removal, or discharge;
7and without first being advised in writing that he or she has
8the right to counsel of his or her choosing who may be present
9to advise him or her at any stage of any interrogation.
10    (b) Anyone filing a complaint against a sworn peace officer
11must have the complaint supported by a sworn affidavit. Any
12complaint, having been supported by a sworn affidavit, and
13having been found, in total or in part, to contain knowingly
14false material information, shall be presented to the
15appropriate State's Attorney for a determination of
16prosecution. If a recorded conversation authorized under
17subsection (q) of Section 14-3 of the Criminal Code of 1961 is
18used by the complainant as part of the evidence of misconduct
19against the officer and is found to have been intentionally
20altered by or at the direction of the complainant to
21inaccurately reflect the incident at issue, it must be
22presented to the appropriate State's Attorney for a
23determination of prosecution.
24(Source: P.A. 97-472, eff. 8-22-11.)
 

 

 

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1    Section 15. The Criminal Code of 1961 is amended by
2changing Section 14-3 as follows:
 
3    (720 ILCS 5/14-3)
4    Sec. 14-3. Exemptions. The following activities shall be
5exempt from the provisions of this Article:
6    (a) Listening to radio, wireless and television
7communications of any sort where the same are publicly made;
8    (b) Hearing conversation when heard by employees of any
9common carrier by wire incidental to the normal course of their
10employment in the operation, maintenance or repair of the
11equipment of such common carrier by wire so long as no
12information obtained thereby is used or divulged by the hearer;
13    (c) Any broadcast by radio, television or otherwise whether
14it be a broadcast or recorded for the purpose of later
15broadcasts of any function where the public is in attendance
16and the conversations are overheard incidental to the main
17purpose for which such broadcasts are then being made;
18    (d) Recording or listening with the aid of any device to
19any emergency communication made in the normal course of
20operations by any federal, state or local law enforcement
21agency or institutions dealing in emergency services,
22including, but not limited to, hospitals, clinics, ambulance
23services, fire fighting agencies, any public utility,
24emergency repair facility, civilian defense establishment or
25military installation;

 

 

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1    (e) Recording the proceedings of any meeting required to be
2open by the Open Meetings Act, as amended;
3    (f) Recording or listening with the aid of any device to
4incoming telephone calls of phone lines publicly listed or
5advertised as consumer "hotlines" by manufacturers or
6retailers of food and drug products. Such recordings must be
7destroyed, erased or turned over to local law enforcement
8authorities within 24 hours from the time of such recording and
9shall not be otherwise disseminated. Failure on the part of the
10individual or business operating any such recording or
11listening device to comply with the requirements of this
12subsection shall eliminate any civil or criminal immunity
13conferred upon that individual or business by the operation of
14this Section;
15    (g) With prior notification to the State's Attorney of the
16county in which it is to occur, recording or listening with the
17aid of any device to any conversation where a law enforcement
18officer, or any person acting at the direction of law
19enforcement, is a party to the conversation and has consented
20to it being intercepted or recorded under circumstances where
21the use of the device is necessary for the protection of the
22law enforcement officer or any person acting at the direction
23of law enforcement, in the course of an investigation of a
24forcible felony, a felony offense of involuntary servitude,
25involuntary sexual servitude of a minor, or trafficking in
26persons for forced labor or services under Section 10-9 of this

 

 

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

 

 

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1cases, an application for an order approving the previous or
2continuing use of an eavesdropping device must be made within
348 hours of the commencement of such use. In the absence of
4such an order, or upon its denial, any continuing use shall
5immediately terminate. The Director of State Police shall issue
6rules as are necessary concerning the use of devices, retention
7of tape recordings, and reports regarding their use.
8    Any recording or evidence obtained or derived in the course
9of an investigation of any offense defined in Article 29D of
10this Code shall, upon motion of the State's Attorney or
11Attorney General prosecuting any violation of Article 29D, be
12reviewed in camera with notice to all parties present by the
13court presiding over the criminal case, and, if ruled by the
14court to be relevant and otherwise admissible, it shall be
15admissible at the trial of the criminal case.
16    This subsection (g-5) is inoperative on and after January
171, 2005. No conversations recorded or monitored pursuant to
18this subsection (g-5) shall be inadmissible in a court of law
19by virtue of the repeal of this subsection (g-5) on January 1,
202005;
21    (g-6) With approval of the State's Attorney of the county
22in which it is to occur, recording or listening with the aid of
23any device to any conversation where a law enforcement officer,
24or any person acting at the direction of law enforcement, is a
25party to the conversation and has consented to it being
26intercepted or recorded in the course of an investigation of

 

 

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

 

 

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1assault of a child, aggravated criminal sexual abuse in which
2the victim of the offense was at the time of the commission of
3the offense under 18 years of age, criminal sexual abuse by
4force or threat of force in which the victim of the offense was
5at the time of the commission of the offense under 18 years of
6age, or aggravated criminal sexual assault in which the victim
7of the offense was at the time of the commission of the offense
8under 18 years of age shall, upon motion of the State's
9Attorney or Attorney General prosecuting any case involving
10involuntary servitude, involuntary sexual servitude of a
11minor, trafficking in persons for forced labor or services,
12child pornography, aggravated child pornography, indecent
13solicitation of a child, child abduction, luring of a minor,
14sexual exploitation of a child, predatory criminal sexual
15assault of a child, aggravated criminal sexual abuse in which
16the victim of the offense was at the time of the commission of
17the offense under 18 years of age, criminal sexual abuse by
18force or threat of force in which the victim of the offense was
19at the time of the commission of the offense under 18 years of
20age, or aggravated criminal sexual assault in which the victim
21of the offense was at the time of the commission of the offense
22under 18 years of age, be reviewed in camera with notice to all
23parties present by the court presiding over the criminal case,
24and, if ruled by the court to be relevant and otherwise
25admissible, it shall be admissible at the trial of the criminal
26case. Absent such a ruling, any such recording or evidence

 

 

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

 

 

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1such camera;
2    (h-15) Recordings made under subsection (h), (h-5), or
3(h-10) shall be retained by the law enforcement agency that
4employs the peace officer who made the recordings for a storage
5period of 90 days, unless the recordings are made as a part of
6an arrest or the recordings are deemed evidence in any
7criminal, civil, or administrative proceeding and then the
8recordings must only be destroyed upon a final disposition and
9an order from the court. Under no circumstances shall any
10recording be altered or erased prior to the expiration of the
11designated storage period. Upon completion of the storage
12period, the recording medium may be erased and reissued for
13operational use;
14    (i) Recording of a conversation made by or at the request
15of a person, not a law enforcement officer or agent of a law
16enforcement officer, who is a party to the conversation, under
17reasonable suspicion that another party to the conversation is
18committing, is about to commit, or has committed a criminal
19offense against the person or a member of his or her immediate
20household, and there is reason to believe that evidence of the
21criminal offense may be obtained by the recording;
22    (j) The use of a telephone monitoring device by either (1)
23a corporation or other business entity engaged in marketing or
24opinion research or (2) a corporation or other business entity
25engaged in telephone solicitation, as defined in this
26subsection, to record or listen to oral telephone solicitation

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1where the notice of recording is given at the beginning of each
2call as required by Section 34-21.8 of the School Code. The
3recordings may be retained only by the Chicago Police
4Department or other law enforcement authorities, and shall not
5be otherwise retained or disseminated; and .
6    (q) A person who is not a law enforcement officer nor
7acting at the direction of a law enforcement officer may record
8the conversation of a law enforcement officer who is performing
9a public duty in a public place and any other person who is
10having a conversation with that law enforcement officer if the
11conversation is at a volume audible to the unassisted ear of
12the person who is making the recording. For purposes of this
13subsection (q), "public place" means any place to which the
14public has access and includes, but is not limited to, streets,
15sidewalks, parks, and highways (including inside motor
16vehicles), and the common areas of public and private
17facilities and buildings.
18(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
1996-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.
207-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
21eff. 8-12-11.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".