SB1342enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1342 EnrolledLRB098 06687 RLC 36733 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
5Sections 14-1, 14-2, 14-3, 14-4, and 14-5 as follows:
 
6    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)
7    Sec. 14-1. Definitions Definition.
8    (a) Eavesdropping device.
9    An eavesdropping device is any device capable of being used
10to hear or record oral conversation or intercept, retain, or
11transcribe electronic communications whether such conversation
12or electronic communication is conducted in person, by
13telephone, or by any other means; Provided, however, that this
14definition shall not include devices used for the restoration
15of the deaf or hard-of-hearing to normal or partial hearing.
16    (b) Eavesdropper.
17    An eavesdropper is any person, including any law
18enforcement officer and any party to a private conversation
19officers, who is a principal, as defined in this Article, or
20who operates or participates in the operation of any
21eavesdropping device contrary to the provisions of this Article
22or who acts as a principal, as defined in this Article.
23    (c) Principal.

 

 

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1    A principal is any person who:
2        (1) Knowingly employs another who illegally uses an
3    eavesdropping device in the course of such employment; or
4        (2) Knowingly derives any benefit or information from
5    the illegal use of an eavesdropping device by another; or
6        (3) Directs another to use an eavesdropping device
7    illegally on his or her behalf.
8    (d) Private conversation Conversation.
9    For the purposes of this Article, "private the term
10conversation" means any oral communication between 2 or more
11persons, whether in person or transmitted between the parties
12by wire or other means, when regardless of whether one or more
13of the parties intended the their communication to be of a
14private nature under circumstances reasonably justifying that
15expectation. A reasonable expectation shall include any
16expectation recognized by law, including, but not limited to,
17an expectation derived from a privilege, immunity, or right
18established by common law, Supreme Court rule, or the Illinois
19or United States Constitution.
20    (e) Private electronic Electronic communication.
21    For purposes of this Article, the term "private electronic
22communication" means any transfer of signs, signals, writing,
23images, sounds, data, or intelligence of any nature transmitted
24in whole or part by a wire, radio, pager, computer,
25electromagnetic, photo electronic or photo optical system,
26when where the sending or and receiving party intends parties

 

 

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1intend the electronic communication to be private under
2circumstances reasonably justifying that expectation. A
3reasonable expectation shall include any expectation
4recognized by law, including, but not limited to, an
5expectation derived from a privilege, immunity, or right
6established by common law, Supreme Court rule, or the Illinois
7or United States Constitution and the interception, recording,
8or transcription of the electronic communication is
9accomplished by a device in a surreptitious manner contrary to
10the provisions of this Article. Electronic communication does
11not include any communication from a tracking device.
12    (f) Bait car.
13    For purposes of this Article, "bait car" the term bait car
14means any motor vehicle that is not occupied by a law
15enforcement officer and is used by a law enforcement agency to
16deter, detect, identify, and assist in the apprehension of an
17auto theft suspect in the act of stealing a motor vehicle.
18    (g) Surreptitious.
19    For purposes of this Article, "surreptitious" means
20obtained or made by stealth or deception, or executed through
21secrecy or concealment.
22(Source: P.A. 95-258, eff. 1-1-08.)
 
23    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)
24    Sec. 14-2. Elements of the offense; affirmative defense.
25    (a) A person commits eavesdropping when he or she knowingly

 

 

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1and intentionally:
2        (1) Uses Knowingly and intentionally uses an
3    eavesdropping device, in a surreptitious manner, for the
4    purpose of overhearing, transmitting, hearing or recording
5    all or any part of any private conversation to which he or
6    she is not a party or intercepts, retains, or transcribes
7    electronic communication unless he or she does so (A) with
8    the consent of all of the parties to the private such
9    conversation or electronic communication or (B) in
10    accordance with Article 108A or Article 108B of the "Code
11    of Criminal Procedure of 1963", approved August 14, 1963,
12    as amended; or
13        (2) Uses an eavesdropping device, in a surreptitious
14    manner, for the purpose of transmitting or recording all or
15    any part of any private conversation to which he or she is
16    a party unless he or she does so with the consent of all
17    other parties to the private conversation;
18        (3) Intercepts, records, or transcribes, in a
19    surreptitious manner, any private electronic communication
20    to which he or she is not a party unless he or she does so
21    with the consent of all parties to the private electronic
22    communication;
23        (4) (2) Manufactures, assembles, distributes, or
24    possesses any electronic, mechanical, eavesdropping, or
25    other device knowing that or having reason to know that the
26    design of the device renders it primarily useful for the

 

 

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1    purpose of the surreptitious overhearing, transmitting,
2    hearing or recording of private oral conversations or the
3    interception, retention, or transcription of private
4    electronic communications and the intended or actual use of
5    the device is contrary to the provisions of this Article;
6    or
7        (5) (3) Uses or discloses divulges, except as
8    authorized by this Article or by Article 108A or 108B of
9    the "Code of Criminal Procedure of 1963", approved August
10    14, 1963, as amended, any information which he or she knows
11    or reasonably should know was obtained from a private
12    conversation or private electronic communication in
13    violation of this Article, unless he or she does so with
14    the consent of all of the parties.
15    (a-5) It does not constitute a violation of this Article to
16surreptitiously use an eavesdropping device to overhear,
17transmit, or record a private conversation, or to
18surreptitiously intercept, record, or transcribe a private
19electronic communication, if the overhearing, transmitting,
20recording, interception, or transcription is done in
21accordance with Article 108A or Article 108B of the Code of
22Criminal Procedure of 1963. through the use of an eavesdropping
23device.
24    (b) It is an affirmative defense to a charge brought under
25this Article relating to the interception of a privileged
26communication that the person charged:

 

 

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1        1. was a law enforcement officer acting pursuant to an
2    order of interception, entered pursuant to Section 108A-1
3    or 108B-5 of the Code of Criminal Procedure of 1963; and
4        2. at the time the communication was intercepted, the
5    officer was unaware that the communication was privileged;
6    and
7        3. stopped the interception within a reasonable time
8    after discovering that the communication was privileged;
9    and
10        4. did not disclose the contents of the communication.
11    (c) It is not unlawful for a manufacturer or a supplier of
12eavesdropping devices, or a provider of wire or electronic
13communication services, their agents, employees, contractors,
14or venders to manufacture, assemble, sell, or possess an
15eavesdropping device within the normal course of their business
16for purposes not contrary to this Article or for law
17enforcement officers and employees of the Illinois Department
18of Corrections to manufacture, assemble, purchase, or possess
19an eavesdropping device in preparation for or within the course
20of their official duties.
21    (d) The interception, recording, or transcription of an
22electronic communication by an employee of a penal institution
23is not prohibited under this Act, provided that the
24interception, recording, or transcription is:
25        (1) otherwise legally permissible under Illinois law;
26        (2) conducted with the approval of the penal

 

 

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1    institution for the purpose of investigating or enforcing a
2    State criminal law or a penal institution rule or
3    regulation with respect to inmates in the institution; and
4        (3) within the scope of the employee's official duties.
5    For the purposes of this subsection (d), "penal
6institution" has the meaning ascribed to it in clause (c)(1) of
7Section 31A-1.1.
8(Source: P.A. 94-183, eff. 1-1-06.)
 
9    (720 ILCS 5/14-3)
10    Sec. 14-3. Exemptions. The following activities shall be
11exempt from the provisions of this Article:
12    (a) Listening to radio, wireless electronic
13communications, and television communications of any sort
14where the same are publicly made;
15    (b) Hearing conversation when heard by employees of any
16common carrier by wire incidental to the normal course of their
17employment in the operation, maintenance or repair of the
18equipment of such common carrier by wire so long as no
19information obtained thereby is used or divulged by the hearer;
20    (c) Any broadcast by radio, television or otherwise whether
21it be a broadcast or recorded for the purpose of later
22broadcasts of any function where the public is in attendance
23and the conversations are overheard incidental to the main
24purpose for which such broadcasts are then being made;
25    (d) Recording or listening with the aid of any device to

 

 

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

 

 

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

 

 

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1    (g-5) (Blank); With approval of the State's Attorney of the
2county in which it is to occur, recording or listening with the
3aid of any device to any conversation where a law enforcement
4officer, or any person acting at the direction of law
5enforcement, is a party to the conversation and has consented
6to it being intercepted or recorded in the course of an
7investigation of any offense defined in Article 29D of this
8Code. In all such cases, an application for an order approving
9the previous or continuing use of an eavesdropping device must
10be made within 48 hours of the commencement of such use. In the
11absence of such an order, or upon its denial, any continuing
12use shall immediately terminate. The Director of State Police
13shall issue rules as are necessary concerning the use of
14devices, retention of tape recordings, and reports regarding
15their use.
16    Any recording or evidence obtained or derived in the course
17of an investigation of any offense defined in Article 29D of
18this Code shall, upon motion of the State's Attorney or
19Attorney General prosecuting any violation of Article 29D, be
20reviewed in camera with notice to all parties present by the
21court presiding over the criminal case, and, if ruled by the
22court to be relevant and otherwise admissible, it shall be
23admissible at the trial of the criminal case.
24    This subsection (g-5) is inoperative on and after January
251, 2005. No conversations recorded or monitored pursuant to
26this subsection (g-5) shall be inadmissible in a court of law

 

 

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1by virtue of the repeal of this subsection (g-5) on January 1,
22005;
3    (g-6) With approval of the State's Attorney of the county
4in which it is to occur, recording or listening with the aid of
5any device to any conversation where a law enforcement officer,
6or any person acting at the direction of law enforcement, is a
7party to the conversation and has consented to it being
8intercepted or recorded in the course of an investigation of
9involuntary servitude, involuntary sexual servitude of a
10minor, trafficking in persons, child pornography, aggravated
11child pornography, indecent solicitation of a child, child
12abduction, luring of a minor, sexual exploitation of a child,
13predatory criminal sexual assault of a child, aggravated
14criminal sexual abuse in which the victim of the offense was at
15the time of the commission of the offense under 18 years of
16age, or criminal sexual abuse by force or threat of force in
17which the victim of the offense was at the time of the
18commission of the offense under 18 years of age, or aggravated
19criminal sexual assault in which the victim of the offense was
20at the time of the commission of the offense under 18 years of
21age. In all such cases, an application for an order approving
22the previous or continuing use of an eavesdropping device must
23be made within 48 hours of the commencement of such use. In the
24absence of such an order, or upon its denial, any continuing
25use shall immediately terminate. The Director of State Police
26shall issue rules as are necessary concerning the use of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    provided that the verbal approval shall be deemed to
2    include the recording or intercepting of conversations
3    with other individuals, unknown to the law enforcement
4    officer at the time of the request for approval, who are
5    acting in conjunction with or as co-conspirators with the
6    individuals specified in the request for approval in the
7    commission of a qualified drug offense;
8        (C) a reasonable period of time but in no event longer
9    than 24 consecutive hours; .
10        (D) the written request for approval, if applicable, or
11    the written memorialization must be filed, along with the
12    written approval, with the circuit clerk of the
13    jurisdiction on the next business day following the
14    expiration of the authorized period of time, and shall be
15    subject to review by the Chief Judge or his or her designee
16    as deemed appropriate by the court.
17    (3.5) The written memorialization of the request for
18approval and the written approval by the State's Attorney may
19be in any format, including via facsimile, email, or otherwise,
20so long as it is capable of being filed with the circuit clerk.
21    (3.10) Beginning March 1, 2015, each State's Attorney shall
22annually submit a report to the General Assembly disclosing:
23        (A) the number of requests for each qualified offense
24    for approval under this subsection; and
25        (B) the number of approvals for each qualified offense
26    given by the State's Attorney.

 

 

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

 

 

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1has been intercepted as a result of this exception, but nothing
2in this subsection shall be deemed to prevent a court from
3otherwise excluding the evidence on any other ground recognized
4by State or federal law, nor shall anything in this subsection
5be deemed to prevent a court from independently reviewing the
6admissibility of the evidence for compliance with the Fourth
7Amendment to the U.S. Constitution or with Article I, Section 6
8of the Illinois Constitution.
9    (6) Use of recordings or intercepts unrelated to qualified
10drug offenses. Whenever any private conversation or private
11electronic wire, electronic, or oral communication has been
12recorded or intercepted as a result of this exception that is
13not related to an offense for which the recording or intercept
14is admissible under paragraph (4) of this subsection (q) a drug
15offense or a forcible felony committed in the course of a drug
16offense, no part of the contents of the communication and
17evidence derived from the communication may be received in
18evidence in any trial, hearing, or other proceeding in or
19before any court, grand jury, department, officer, agency,
20regulatory body, legislative committee, or other authority of
21this State, or a political subdivision of the State, nor may it
22be publicly disclosed in any way.
23    (6.5) The Department of State Police shall adopt rules as
24are necessary concerning the use of devices, retention of
25recordings, and reports regarding their use under this
26subsection (q).

 

 

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1    (7) Definitions. For the purposes of this subsection (q)
2only:
3        "Drug offense" includes and is limited to a felony
4    violation of one of the following: (A) the Illinois
5    Controlled Substances Act, (B) the Cannabis Control Act,
6    and (C) the Methamphetamine Control and Community
7    Protection Act.
8        "Forcible felony" includes and is limited to those
9    offenses contained in Section 2-8 of the Criminal Code of
10    1961 as of the effective date of this amendatory Act of the
11    97th General Assembly, and only as those offenses have been
12    defined by law or judicial interpretation as of that date.
13        "Qualified offense" means and is limited to:
14            (A) a felony violation of the Cannabis Control Act,
15        the Illinois Controlled Substances Act, or the
16        Methamphetamine Control and Community Protection Act,
17        except for violations of:
18                (i) Section 4 of the Cannabis Control Act;
19                (ii) Section 402 of the Illinois Controlled
20            Substances Act; and
21                (iii) Section 60 of the Methamphetamine
22            Control and Community Protection Act; and
23            (B) first degree murder, solicitation of murder
24        for hire, predatory criminal sexual assault of a child,
25        criminal sexual assault, aggravated criminal sexual
26        assault, aggravated arson, kidnapping, aggravated

 

 

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1        kidnapping, child abduction, trafficking in persons,
2        involuntary servitude, involuntary sexual servitude of
3        a minor, or gunrunning.
4        "State's Attorney" includes and is limited to the
5    State's Attorney or an assistant State's Attorney
6    designated by the State's Attorney to provide verbal
7    approval to record or intercept conversations under this
8    subsection (q).
9    (8) Sunset. This subsection (q) is inoperative on and after
10January 1, 2018 2015. No conversations intercepted pursuant to
11this subsection (q), while operative, shall be inadmissible in
12a court of law by virtue of the inoperability of this
13subsection (q) on January 1, 2018 2015 .
14    (9) Recordings, records, and custody. Any private
15conversation or private electronic communication intercepted
16by a law enforcement officer or a person acting at the
17direction of law enforcement shall, if practicable, be recorded
18in such a way as will protect the recording from editing or
19other alteration. Any and all original recordings made under
20this subsection (q) shall be inventoried without unnecessary
21delay pursuant to the law enforcement agency's policies for
22inventorying evidence. The original recordings shall not be
23destroyed except upon an order of a court of competent
24jurisdiction; and
25    (r) Electronic recordings, including but not limited to,
26motion picture, videotape, digital, or other visual or audio

 

 

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1recording, made of a lineup under Section 107A-2 of the Code of
2Criminal Procedure of 1963.
3(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
497-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
51-1-15.)
 
6    (720 ILCS 5/14-4)  (from Ch. 38, par. 14-4)
7    Sec. 14-4. Sentence.
8    (a) Eavesdropping, for a first offense, is a Class 4 felony
9and, for a second or subsequent offense, is a Class 3 felony.
10    (b) The eavesdropping of an oral conversation or an
11electronic communication of between any law enforcement
12officer, State's Attorney, Assistant State's Attorney, the
13Attorney General, Assistant Attorney General, or a judge, while
14in the performance of his or her official duties, if not
15authorized by this Article or proper court order, is a Class 3
16felony, and for a second or subsequent offense, is a Class 2
17felony 1 felony.
18(Source: P.A. 91-357, eff. 7-29-99; 91-657, eff. 1-1-00.)
 
19    (720 ILCS 5/14-5)  (from Ch. 38, par. 14-5)
20    Sec. 14-5. Evidence inadmissible.
21    Any evidence obtained in violation of this Article is not
22admissible in any civil or criminal trial, or any
23administrative or legislative inquiry or proceeding, nor in any
24grand jury proceedings; provided, however, that so much of the

 

 

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1contents of an alleged unlawfully intercepted, overheard or
2recorded conversation as is clearly relevant, as determined as
3a matter of law by the court in chambers, to the proof of such
4allegation may be admitted into evidence in any criminal trial
5or grand jury proceeding brought against any person charged
6with violating any provision of this Article. Nothing in this
7Section bars admission of evidence if all parties to the
8private conversation or private electronic communication
9consent to admission of the evidence.
10(Source: Laws 1965, p. 3198.)
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.