SB1342ham006 98TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 12/2/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1342

2    AMENDMENT NO. ______. Amend Senate Bill 1342, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Code of 2012 is amended by
6changing Sections 14-1, 14-2, 14-3, 14-4, and 14-5 as follows:
 
7    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)
8    Sec. 14-1. Definitions Definition.
9    (a) Eavesdropping device.
10    An eavesdropping device is any device capable of being used
11to hear or record oral conversation or intercept, retain, or
12transcribe electronic communications whether such conversation
13or electronic communication is conducted in person, by
14telephone, or by any other means; Provided, however, that this
15definition shall not include devices used for the restoration
16of the deaf or hard-of-hearing to normal or partial hearing.

 

 

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1    (b) Eavesdropper.
2    An eavesdropper is any person, including any law
3enforcement officer and any party to a private conversation
4officers, who is a principal, as defined in this Article, or
5who operates or participates in the operation of any
6eavesdropping device contrary to the provisions of this Article
7or who acts as a principal, as defined in this Article.
8    (c) Principal.
9    A principal is any person who:
10        (1) Knowingly employs another who illegally uses an
11    eavesdropping device in the course of such employment; or
12        (2) Knowingly derives any benefit or information from
13    the illegal use of an eavesdropping device by another; or
14        (3) Directs another to use an eavesdropping device
15    illegally on his or her behalf.
16    (d) Private conversation Conversation.
17    For the purposes of this Article, "private the term
18conversation" means any oral communication between 2 or more
19persons, whether in person or transmitted between the parties
20by wire or other means, when regardless of whether one or more
21of the parties intended the their communication to be of a
22private nature under circumstances reasonably justifying that
23expectation. A reasonable expectation shall include any
24expectation recognized by law, including, but not limited to,
25an expectation derived from a privilege, immunity, or right
26established by common law, Supreme Court rule, or the Illinois

 

 

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1or United States Constitution.
2    (e) Private electronic Electronic communication.
3    For purposes of this Article, the term "private electronic
4communication" means any transfer of signs, signals, writing,
5images, sounds, data, or intelligence of any nature transmitted
6in whole or part by a wire, radio, pager, computer,
7electromagnetic, photo electronic or photo optical system,
8when where the sending or and receiving party intends parties
9intend the electronic communication to be private under
10circumstances reasonably justifying that expectation. A
11reasonable expectation shall include any expectation
12recognized by law, including, but not limited to, an
13expectation derived from a privilege, immunity, or right
14established by common law, Supreme Court rule, or the Illinois
15or United States Constitution and the interception, recording,
16or transcription of the electronic communication is
17accomplished by a device in a surreptitious manner contrary to
18the provisions of this Article. Electronic communication does
19not include any communication from a tracking device.
20    (f) Bait car.
21    For purposes of this Article, "bait car" the term bait car
22means any motor vehicle that is not occupied by a law
23enforcement officer and is used by a law enforcement agency to
24deter, detect, identify, and assist in the apprehension of an
25auto theft suspect in the act of stealing a motor vehicle.
26    (g) Surreptitious.

 

 

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1    For purposes of this Article, "surreptitious" means
2obtained or made by stealth or deception, or executed through
3secrecy or concealment.
4(Source: P.A. 95-258, eff. 1-1-08.)
 
5    (720 ILCS 5/14-2)  (from Ch. 38, par. 14-2)
6    Sec. 14-2. Elements of the offense; affirmative defense.
7    (a) A person commits eavesdropping when he or she knowingly
8and intentionally:
9        (1) Uses Knowingly and intentionally uses an
10    eavesdropping device, in a surreptitious manner, for the
11    purpose of overhearing, transmitting, hearing or recording
12    all or any part of any private conversation to which he or
13    she is not a party or intercepts, retains, or transcribes
14    electronic communication unless he or she does so (A) with
15    the consent of all of the parties to the private such
16    conversation or electronic communication or (B) in
17    accordance with Article 108A or Article 108B of the "Code
18    of Criminal Procedure of 1963", approved August 14, 1963,
19    as amended; or
20        (2) Uses an eavesdropping device, in a surreptitious
21    manner, for the purpose of transmitting or recording all or
22    any part of any private conversation to which he or she is
23    a party unless he or she does so with the consent of all
24    other parties to the private conversation;
25        (3) Intercepts, records, or transcribes, in a

 

 

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1    surreptitious manner, any private electronic communication
2    to which he or she is not a party unless he or she does so
3    with the consent of all parties to the private electronic
4    communication;
5        (4) (2) Manufactures, assembles, distributes, or
6    possesses any electronic, mechanical, eavesdropping, or
7    other device knowing that or having reason to know that the
8    design of the device renders it primarily useful for the
9    purpose of the surreptitious overhearing, transmitting,
10    hearing or recording of private oral conversations or the
11    interception, retention, or transcription of private
12    electronic communications and the intended or actual use of
13    the device is contrary to the provisions of this Article;
14    or
15        (5) (3) Uses or discloses divulges, except as
16    authorized by this Article or by Article 108A or 108B of
17    the "Code of Criminal Procedure of 1963", approved August
18    14, 1963, as amended, any information which he or she knows
19    or reasonably should know was obtained from a private
20    conversation or private electronic communication in
21    violation of this Article, unless he or she does so with
22    the consent of all of the parties.
23    (a-5) It does not constitute a violation of this Article to
24surreptitiously use an eavesdropping device to overhear,
25transmit, or record a private conversation, or to
26surreptitiously intercept, record, or transcribe a private

 

 

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1electronic communication, if the overhearing, transmitting,
2recording, interception, or transcription is done in
3accordance with Article 108A or Article 108B of the Code of
4Criminal Procedure of 1963. through the use of an eavesdropping
5device.
6    (b) It is an affirmative defense to a charge brought under
7this Article relating to the interception of a privileged
8communication that the person charged:
9        1. was a law enforcement officer acting pursuant to an
10    order of interception, entered pursuant to Section 108A-1
11    or 108B-5 of the Code of Criminal Procedure of 1963; and
12        2. at the time the communication was intercepted, the
13    officer was unaware that the communication was privileged;
14    and
15        3. stopped the interception within a reasonable time
16    after discovering that the communication was privileged;
17    and
18        4. did not disclose the contents of the communication.
19    (c) It is not unlawful for a manufacturer or a supplier of
20eavesdropping devices, or a provider of wire or electronic
21communication services, their agents, employees, contractors,
22or venders to manufacture, assemble, sell, or possess an
23eavesdropping device within the normal course of their business
24for purposes not contrary to this Article or for law
25enforcement officers and employees of the Illinois Department
26of Corrections to manufacture, assemble, purchase, or possess

 

 

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1an eavesdropping device in preparation for or within the course
2of their official duties.
3    (d) The interception, recording, or transcription of an
4electronic communication by an employee of a penal institution
5is not prohibited under this Act, provided that the
6interception, recording, or transcription is:
7        (1) otherwise legally permissible under Illinois law;
8        (2) conducted with the approval of the penal
9    institution for the purpose of investigating or enforcing a
10    State criminal law or a penal institution rule or
11    regulation with respect to inmates in the institution; and
12        (3) within the scope of the employee's official duties.
13    For the purposes of this subsection (d), "penal
14institution" has the meaning ascribed to it in clause (c)(1) of
15Section 31A-1.1.
16(Source: P.A. 94-183, eff. 1-1-06.)
 
17    (720 ILCS 5/14-3)
18    Sec. 14-3. Exemptions. The following activities shall be
19exempt from the provisions of this Article:
20    (a) Listening to radio, wireless electronic
21communications, and television communications of any sort
22where the same are publicly made;
23    (b) Hearing conversation when heard by employees of any
24common carrier by wire incidental to the normal course of their
25employment in the operation, maintenance or repair of the

 

 

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1equipment of such common carrier by wire so long as no
2information obtained thereby is used or divulged by the hearer;
3    (c) Any broadcast by radio, television or otherwise whether
4it be a broadcast or recorded for the purpose of later
5broadcasts of any function where the public is in attendance
6and the conversations are overheard incidental to the main
7purpose for which such broadcasts are then being made;
8    (d) Recording or listening with the aid of any device to
9any emergency communication made in the normal course of
10operations by any federal, state or local law enforcement
11agency or institutions dealing in emergency services,
12including, but not limited to, hospitals, clinics, ambulance
13services, fire fighting agencies, any public utility,
14emergency repair facility, civilian defense establishment or
15military installation;
16    (e) Recording the proceedings of any meeting required to be
17open by the Open Meetings Act, as amended;
18    (f) Recording or listening with the aid of any device to
19incoming telephone calls of phone lines publicly listed or
20advertised as consumer "hotlines" by manufacturers or
21retailers of food and drug products. Such recordings must be
22destroyed, erased or turned over to local law enforcement
23authorities within 24 hours from the time of such recording and
24shall not be otherwise disseminated. Failure on the part of the
25individual or business operating any such recording or
26listening device to comply with the requirements of this

 

 

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1subsection shall eliminate any civil or criminal immunity
2conferred upon that individual or business by the operation of
3this Section;
4    (g) With prior notification to the State's Attorney of the
5county in which it is to occur, recording or listening with the
6aid of any device to any conversation where a law enforcement
7officer, or any person acting at the direction of law
8enforcement, is a party to the conversation and has consented
9to it being intercepted or recorded under circumstances where
10the use of the device is necessary for the protection of the
11law enforcement officer or any person acting at the direction
12of law enforcement, in the course of an investigation of a
13forcible felony, a felony offense of involuntary servitude,
14involuntary sexual servitude of a minor, or trafficking in
15persons under Section 10-9 of this Code, an offense involving
16prostitution, solicitation of a sexual act, or pandering, a
17felony violation of the Illinois Controlled Substances Act, a
18felony violation of the Cannabis Control Act, a felony
19violation of the Methamphetamine Control and Community
20Protection Act, any "streetgang related" or "gang-related"
21felony as those terms are defined in the Illinois Streetgang
22Terrorism Omnibus Prevention Act, or any felony offense
23involving any weapon listed in paragraphs (1) through (11) of
24subsection (a) of Section 24-1 of this Code. Any recording or
25evidence derived as the result of this exemption shall be
26inadmissible in any proceeding, criminal, civil or

 

 

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1administrative, except (i) where a party to the conversation
2suffers great bodily injury or is killed during such
3conversation, or (ii) when used as direct impeachment of a
4witness concerning matters contained in the interception or
5recording. The Director of the Department of State Police shall
6issue regulations as are necessary concerning the use of
7devices, retention of tape recordings, and reports regarding
8their use;
9    (g-5) (Blank); With approval of the State's Attorney of the
10county in which it is to occur, recording or listening with the
11aid of any device to any conversation where a law enforcement
12officer, or any person acting at the direction of law
13enforcement, is a party to the conversation and has consented
14to it being intercepted or recorded in the course of an
15investigation of any offense defined in Article 29D of this
16Code. In all such cases, an application for an order approving
17the previous or continuing use of an eavesdropping device must
18be made within 48 hours of the commencement of such use. In the
19absence of such an order, or upon its denial, any continuing
20use shall immediately terminate. The Director of State Police
21shall issue rules as are necessary concerning the use of
22devices, retention of tape recordings, and reports regarding
23their use.
24    Any recording or evidence obtained or derived in the course
25of an investigation of any offense defined in Article 29D of
26this Code shall, upon motion of the State's Attorney or

 

 

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1Attorney General prosecuting any violation of Article 29D, be
2reviewed in camera with notice to all parties present by the
3court presiding over the criminal case, and, if ruled by the
4court to be relevant and otherwise admissible, it shall be
5admissible at the trial of the criminal case.
6    This subsection (g-5) is inoperative on and after January
71, 2005. No conversations recorded or monitored pursuant to
8this subsection (g-5) shall be inadmissible in a court of law
9by virtue of the repeal of this subsection (g-5) on January 1,
102005;
11    (g-6) With approval of the State's Attorney of the county
12in which it is to occur, recording or listening with the aid of
13any device to any conversation where a law enforcement officer,
14or any person acting at the direction of law enforcement, is a
15party to the conversation and has consented to it being
16intercepted or recorded in the course of an investigation of
17involuntary servitude, involuntary sexual servitude of a
18minor, trafficking in persons, child pornography, aggravated
19child pornography, indecent solicitation of a child, child
20abduction, luring of a minor, sexual exploitation of a child,
21predatory criminal sexual assault of a child, aggravated
22criminal sexual abuse in which the victim of the offense was at
23the time of the commission of the offense under 18 years of
24age, or criminal sexual abuse by force or threat of force in
25which the victim of the offense was at the time of the
26commission of the offense under 18 years of age, or aggravated

 

 

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

 

 

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1pornography, aggravated child pornography, indecent
2solicitation of a child, child abduction, luring of a minor,
3sexual exploitation of a child, predatory criminal sexual
4assault of a child, aggravated criminal sexual abuse in which
5the victim of the offense was at the time of the commission of
6the offense under 18 years of age, or criminal sexual abuse by
7force or threat of force in which the victim of the offense was
8at the time of the commission of the offense under 18 years of
9age, or aggravated criminal sexual assault in which the victim
10of the offense was at the time of the commission of the offense
11under 18 years of age, be reviewed in camera with notice to all
12parties present by the court presiding over the criminal case,
13and, if ruled by the court to be relevant and otherwise
14admissible, it shall be admissible at the trial of the criminal
15case. Absent such a ruling, any such recording or evidence
16shall not be admissible at the trial of the criminal case;
17    (h) Recordings made simultaneously with the use of an
18in-car video camera recording of an oral conversation between a
19uniformed peace officer, who has identified his or her office,
20and a person in the presence of the peace officer whenever (i)
21an officer assigned a patrol vehicle is conducting an
22enforcement stop; or (ii) patrol vehicle emergency lights are
23activated or would otherwise be activated if not for the need
24to conceal the presence of law enforcement.
25    For the purposes of this subsection (h), "enforcement stop"
26means an action by a law enforcement officer in relation to

 

 

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1enforcement and investigation duties, including but not
2limited to, traffic stops, pedestrian stops, abandoned vehicle
3contacts, motorist assists, commercial motor vehicle stops,
4roadside safety checks, requests for identification, or
5responses to requests for emergency assistance;
6    (h-5) Recordings of utterances made by a person while in
7the presence of a uniformed peace officer and while an occupant
8of a police vehicle including, but not limited to, (i)
9recordings made simultaneously with the use of an in-car video
10camera and (ii) recordings made in the presence of the peace
11officer utilizing video or audio systems, or both, authorized
12by the law enforcement agency;
13    (h-10) Recordings made simultaneously with a video camera
14recording during the use of a taser or similar weapon or device
15by a peace officer if the weapon or device is equipped with
16such camera;
17    (h-15) Recordings made under subsection (h), (h-5), or
18(h-10) shall be retained by the law enforcement agency that
19employs the peace officer who made the recordings for a storage
20period of 90 days, unless the recordings are made as a part of
21an arrest or the recordings are deemed evidence in any
22criminal, civil, or administrative proceeding and then the
23recordings must only be destroyed upon a final disposition and
24an order from the court. Under no circumstances shall any
25recording be altered or erased prior to the expiration of the
26designated storage period. Upon completion of the storage

 

 

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1period, the recording medium may be erased and reissued for
2operational use;
3    (i) Recording of a conversation made by or at the request
4of a person, not a law enforcement officer or agent of a law
5enforcement officer, who is a party to the conversation, under
6reasonable suspicion that another party to the conversation is
7committing, is about to commit, or has committed a criminal
8offense against the person or a member of his or her immediate
9household, and there is reason to believe that evidence of the
10criminal offense may be obtained by the recording;
11    (j) The use of a telephone monitoring device by either (1)
12a corporation or other business entity engaged in marketing or
13opinion research or (2) a corporation or other business entity
14engaged in telephone solicitation, as defined in this
15subsection, to record or listen to oral telephone solicitation
16conversations or marketing or opinion research conversations
17by an employee of the corporation or other business entity
18when:
19        (i) the monitoring is used for the purpose of service
20    quality control of marketing or opinion research or
21    telephone solicitation, the education or training of
22    employees or contractors engaged in marketing or opinion
23    research or telephone solicitation, or internal research
24    related to marketing or opinion research or telephone
25    solicitation; and
26        (ii) the monitoring is used with the consent of at

 

 

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1    least one person who is an active party to the marketing or
2    opinion research conversation or telephone solicitation
3    conversation being monitored.
4    No communication or conversation or any part, portion, or
5aspect of the communication or conversation made, acquired, or
6obtained, directly or indirectly, under this exemption (j), may
7be, directly or indirectly, furnished to any law enforcement
8officer, agency, or official for any purpose or used in any
9inquiry or investigation, or used, directly or indirectly, in
10any administrative, judicial, or other proceeding, or divulged
11to any third party.
12    When recording or listening authorized by this subsection
13(j) on telephone lines used for marketing or opinion research
14or telephone solicitation purposes results in recording or
15listening to a conversation that does not relate to marketing
16or opinion research or telephone solicitation; the person
17recording or listening shall, immediately upon determining
18that the conversation does not relate to marketing or opinion
19research or telephone solicitation, terminate the recording or
20listening and destroy any such recording as soon as is
21practicable.
22    Business entities that use a telephone monitoring or
23telephone recording system pursuant to this exemption (j) shall
24provide current and prospective employees with notice that the
25monitoring or recordings may occur during the course of their
26employment. The notice shall include prominent signage

 

 

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1notification within the workplace.
2    Business entities that use a telephone monitoring or
3telephone recording system pursuant to this exemption (j) shall
4provide their employees or agents with access to personal-only
5telephone lines which may be pay telephones, that are not
6subject to telephone monitoring or telephone recording.
7    For the purposes of this subsection (j), "telephone
8solicitation" means a communication through the use of a
9telephone by live operators:
10        (i) soliciting the sale of goods or services;
11        (ii) receiving orders for the sale of goods or
12    services;
13        (iii) assisting in the use of goods or services; or
14        (iv) engaging in the solicitation, administration, or
15    collection of bank or retail credit accounts.
16    For the purposes of this subsection (j), "marketing or
17opinion research" means a marketing or opinion research
18interview conducted by a live telephone interviewer engaged by
19a corporation or other business entity whose principal business
20is the design, conduct, and analysis of polls and surveys
21measuring the opinions, attitudes, and responses of
22respondents toward products and services, or social or
23political issues, or both;
24    (k) Electronic recordings, including but not limited to, a
25motion picture, videotape, digital, or other visual or audio
26recording, made of a custodial interrogation of an individual

 

 

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1at a police station or other place of detention by a law
2enforcement officer under Section 5-401.5 of the Juvenile Court
3Act of 1987 or Section 103-2.1 of the Code of Criminal
4Procedure of 1963;
5    (l) Recording the interview or statement of any person when
6the person knows that the interview is being conducted by a law
7enforcement officer or prosecutor and the interview takes place
8at a police station that is currently participating in the
9Custodial Interview Pilot Program established under the
10Illinois Criminal Justice Information Act;
11    (m) An electronic recording, including but not limited to,
12a motion picture, videotape, digital, or other visual or audio
13recording, made of the interior of a school bus while the
14school bus is being used in the transportation of students to
15and from school and school-sponsored activities, when the
16school board has adopted a policy authorizing such recording,
17notice of such recording policy is included in student
18handbooks and other documents including the policies of the
19school, notice of the policy regarding recording is provided to
20parents of students, and notice of such recording is clearly
21posted on the door of and inside the school bus.
22    Recordings made pursuant to this subsection (m) shall be
23confidential records and may only be used by school officials
24(or their designees) and law enforcement personnel for
25investigations, school disciplinary actions and hearings,
26proceedings under the Juvenile Court Act of 1987, and criminal

 

 

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1prosecutions, related to incidents occurring in or around the
2school bus;
3    (n) Recording or listening to an audio transmission from a
4microphone placed by a person under the authority of a law
5enforcement agency inside a bait car surveillance vehicle while
6simultaneously capturing a photographic or video image;
7    (o) The use of an eavesdropping camera or audio device
8during an ongoing hostage or barricade situation by a law
9enforcement officer or individual acting on behalf of a law
10enforcement officer when the use of such device is necessary to
11protect the safety of the general public, hostages, or law
12enforcement officers or anyone acting on their behalf;
13    (p) Recording or listening with the aid of any device to
14incoming telephone calls of phone lines publicly listed or
15advertised as the "CPS Violence Prevention Hotline", but only
16where the notice of recording is given at the beginning of each
17call as required by Section 34-21.8 of the School Code. The
18recordings may be retained only by the Chicago Police
19Department or other law enforcement authorities, and shall not
20be otherwise retained or disseminated;
21    (q)(1) With prior request to and written or verbal approval
22of the State's Attorney of the county in which the conversation
23is anticipated to occur, recording or listening with the aid of
24an eavesdropping device to a conversation in which a law
25enforcement officer, or any person acting at the direction of a
26law enforcement officer, is a party to the conversation and has

 

 

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1consented to the conversation being intercepted or recorded in
2the course of an investigation of a qualified drug offense. The
3State's Attorney may grant this verbal approval only after
4determining that reasonable cause exists to believe that
5inculpatory conversations concerning a qualified drug offense
6will occur with be committed by a specified individual or
7individuals within a designated period of time.
8    (2) Request for approval. To invoke the exception contained
9in this subsection (q), a law enforcement officer shall make a
10written or verbal request for approval to the appropriate
11State's Attorney. The request may be written or verbal;
12however, a written memorialization of the request must be made
13by the State's Attorney. This request for approval shall
14include whatever information is deemed necessary by the State's
15Attorney but shall include, at a minimum, the following
16information about each specified individual whom the law
17enforcement officer believes will commit a qualified drug
18offense:
19        (A) his or her full or partial name, nickname or alias;
20        (B) a physical description; or
21        (C) failing either (A) or (B) of this paragraph (2),
22    any other supporting information known to the law
23    enforcement officer at the time of the request that gives
24    rise to reasonable cause to believe that the specified
25    individual will participate in an inculpatory conversation
26    concerning a qualified commit a drug offense.

 

 

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1    (3) Limitations on verbal approval. Each written verbal
2approval by the State's Attorney under this subsection (q)
3shall be limited to:
4        (A) a recording or interception conducted by a
5    specified law enforcement officer or person acting at the
6    direction of a law enforcement officer;
7        (B) recording or intercepting conversations with the
8    individuals specified in the request for approval,
9    provided that the verbal approval shall be deemed to
10    include the recording or intercepting of conversations
11    with other individuals, unknown to the law enforcement
12    officer at the time of the request for approval, who are
13    acting in conjunction with or as co-conspirators with the
14    individuals specified in the request for approval in the
15    commission of a qualified drug offense;
16        (C) a reasonable period of time but in no event longer
17    than 24 consecutive hours; .
18        (D) the written request for approval, if applicable, or
19    the written memorialization must be filed, along with the
20    written approval, with the circuit clerk of the
21    jurisdiction on the next business day following the
22    expiration of the authorized period of time, and shall be
23    subject to review by the Chief Judge or his or her designee
24    as deemed appropriate by the court.
25    (3.5) The written memorialization of the request for
26approval and the written approval by the State's Attorney may

 

 

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1be in any format, including via facsimile, email, or otherwise,
2so long as it is capable of being filed with the circuit clerk.
3    (3.10) Beginning March 1, 2015, each State's Attorney shall
4annually submit a report to the General Assembly disclosing:
5        (A) the number of requests for each qualified offense
6    for approval under this subsection; and
7        (B) the number of approvals for each qualified offense
8    given by the State's Attorney.
9    (4) Admissibility of evidence. No part of the contents of
10any wire, electronic, or oral communication that has been
11recorded or intercepted as a result of this exception may be
12received in evidence in any trial, hearing, or other proceeding
13in or before any court, grand jury, department, officer,
14agency, regulatory body, legislative committee, or other
15authority of this State, or a political subdivision of the
16State, other than in a prosecution of:
17        (A) the qualified a drug offense for which approval was
18    given to record or intercept a conversation under this
19    subsection (q);
20        (B) a forcible felony committed directly in the course
21    of the investigation of the qualified a drug offense for
22    which verbal approval was given to record or intercept a
23    conversation under this subsection (q); or
24        (C) any other forcible felony committed while the
25    recording or interception was approved in accordance with
26    this subsection Section (q), but for this specific category

 

 

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1    of prosecutions, only if the law enforcement officer or
2    person acting at the direction of a law enforcement officer
3    who has consented to the conversation being intercepted or
4    recorded suffers great bodily injury or is killed during
5    the commission of the charged forcible felony.
6    (5) Compliance with the provisions of this subsection is a
7prerequisite to the admissibility in evidence of any part of
8the contents of any wire, electronic or oral communication that
9has been intercepted as a result of this exception, but nothing
10in this subsection shall be deemed to prevent a court from
11otherwise excluding the evidence on any other ground recognized
12by State or federal law, nor shall anything in this subsection
13be deemed to prevent a court from independently reviewing the
14admissibility of the evidence for compliance with the Fourth
15Amendment to the U.S. Constitution or with Article I, Section 6
16of the Illinois Constitution.
17    (6) Use of recordings or intercepts unrelated to qualified
18drug offenses. Whenever any private conversation or private
19electronic wire, electronic, or oral communication has been
20recorded or intercepted as a result of this exception that is
21not related to an offense for which the recording or intercept
22is admissible under paragraph (4) of this subsection (q) a drug
23offense or a forcible felony committed in the course of a drug
24offense, no part of the contents of the communication and
25evidence derived from the communication may be received in
26evidence in any trial, hearing, or other proceeding in or

 

 

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1before any court, grand jury, department, officer, agency,
2regulatory body, legislative committee, or other authority of
3this State, or a political subdivision of the State, nor may it
4be publicly disclosed in any way.
5    (6.5) The Department of State Police shall adopt rules as
6are necessary concerning the use of devices, retention of
7recordings, and reports regarding their use under this
8subsection (q).
9    (7) Definitions. For the purposes of this subsection (q)
10only:
11        "Drug offense" includes and is limited to a felony
12    violation of one of the following: (A) the Illinois
13    Controlled Substances Act, (B) the Cannabis Control Act,
14    and (C) the Methamphetamine Control and Community
15    Protection Act.
16        "Forcible felony" includes and is limited to those
17    offenses contained in Section 2-8 of the Criminal Code of
18    1961 as of the effective date of this amendatory Act of the
19    97th General Assembly, and only as those offenses have been
20    defined by law or judicial interpretation as of that date.
21        "Qualified offense" means and is limited to:
22            (A) a felony violation of the Cannabis Control Act,
23        the Illinois Controlled Substances Act, or the
24        Methamphetamine Control and Community Protection Act,
25        except for violations of:
26                (i) Section 4 of the Cannabis Control Act;

 

 

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1                (ii) Section 402 of the Illinois Controlled
2            Substances Act; and
3                (iii) Section 60 of the Methamphetamine
4            Control and Community Protection Act; and
5            (B) first degree murder, solicitation of murder
6        for hire, predatory criminal sexual assault of a child,
7        criminal sexual assault, aggravated criminal sexual
8        assault, aggravated arson, kidnapping, aggravated
9        kidnapping, child abduction, trafficking in persons,
10        involuntary servitude, involuntary sexual servitude of
11        a minor, or gunrunning.
12        "State's Attorney" includes and is limited to the
13    State's Attorney or an assistant State's Attorney
14    designated by the State's Attorney to provide verbal
15    approval to record or intercept conversations under this
16    subsection (q).
17    (8) Sunset. This subsection (q) is inoperative on and after
18January 1, 2018 2015. No conversations intercepted pursuant to
19this subsection (q), while operative, shall be inadmissible in
20a court of law by virtue of the inoperability of this
21subsection (q) on January 1, 2018 2015 .
22    (9) Recordings, records, and custody. Any private
23conversation or private electronic communication intercepted
24by a law enforcement officer or a person acting at the
25direction of law enforcement shall, if practicable, be recorded
26in such a way as will protect the recording from editing or

 

 

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1other alteration. Any and all original recordings made under
2this subsection (q) shall be inventoried without unnecessary
3delay pursuant to the law enforcement agency's policies for
4inventorying evidence. The original recordings shall not be
5destroyed except upon an order of a court of competent
6jurisdiction; and
7    (r) Electronic recordings, including but not limited to,
8motion picture, videotape, digital, or other visual or audio
9recording, made of a lineup under Section 107A-2 of the Code of
10Criminal Procedure of 1963.
11(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
1297-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
131-1-15.)
 
14    (720 ILCS 5/14-4)  (from Ch. 38, par. 14-4)
15    Sec. 14-4. Sentence.
16    (a) Eavesdropping, for a first offense, is a Class 4 felony
17and, for a second or subsequent offense, is a Class 3 felony.
18    (b) The eavesdropping of an oral conversation or an
19electronic communication of between any law enforcement
20officer, State's Attorney, Assistant State's Attorney, the
21Attorney General, Assistant Attorney General, or a judge, while
22in the performance of his or her official duties, if not
23authorized by this Article or proper court order, is a Class 3
24felony, and for a second or subsequent offenses, is a Class 2
25felony 1 felony.

 

 

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1(Source: P.A. 91-357, eff. 7-29-99; 91-657, eff. 1-1-00.)
 
2    (720 ILCS 5/14-5)  (from Ch. 38, par. 14-5)
3    Sec. 14-5. Evidence inadmissible.
4    Any evidence obtained in violation of this Article is not
5admissible in any civil or criminal trial, or any
6administrative or legislative inquiry or proceeding, nor in any
7grand jury proceedings; provided, however, that so much of the
8contents of an alleged unlawfully intercepted, overheard or
9recorded conversation as is clearly relevant, as determined as
10a matter of law by the court in chambers, to the proof of such
11allegation may be admitted into evidence in any criminal trial
12or grand jury proceeding brought against any person charged
13with violating any provision of this Article. Nothing in this
14Section bars admission of evidence if all parties to the
15private conversation or private electronic communication
16consent to admission of the evidence.
17(Source: Laws 1965, p. 3198.)
 
18    Section 97. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".