SB1342ham007 98TH GENERAL ASSEMBLY

Rep. Ron Sandack

Filed: 12/3/2014

 

 


 

 


 
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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) (Blank); or Knowingly derives any benefit or
13    information from the illegal use of an eavesdropping device
14    by another; or
15        (3) Directs another to use an eavesdropping device
16    illegally on his or her behalf.
17    (d) Private conversation Conversation.
18    For the purposes of this Article, "private the term
19conversation" means any oral communication between 2 or more
20persons, whether in person or transmitted between the parties
21by wire or other means, when regardless of whether one or more
22of the parties intended the their communication to be of a
23private nature under circumstances reasonably justifying that
24expectation.
25    (e) Private electronic Electronic communication.
26    For purposes of this Article, the term "private electronic

 

 

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1communication" means any transfer of signs, signals, writing,
2images, sounds, data, or intelligence of any nature transmitted
3in whole or part by a wire, radio, pager, computer,
4electromagnetic, photo electronic or photo optical system,
5when where the sending and receiving parties intend the
6electronic communication to be private under circumstances
7reasonably justifying that expectation and the interception,
8recording, or 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:
14            (A) he or she does so with the consent of all of
15        the parties; or
16            (B) the information used or disclosed is a matter
17        of public concern and the person using or disclosing
18        the information is not the eavesdropper or the
19        principal.
20    (a-5) It does not constitute a violation of this Article to
21surreptitiously use an eavesdropping device to overhear,
22transmit, or record a private conversation, or to
23surreptitiously intercept, record, or transcribe a private
24electronic communication, if the overhearing, transmitting,
25recording, interception, or transcription is done in
26accordance with Article 108A or Article 108B of the Code of

 

 

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

 

 

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1electronic communication by an employee of a penal institution
2is not prohibited under this Act, provided that the
3interception, recording, or transcription is:
4        (1) otherwise legally permissible under Illinois law;
5        (2) conducted with the approval of the penal
6    institution for the purpose of investigating or enforcing a
7    State criminal law or a penal institution rule or
8    regulation with respect to inmates in the institution; and
9        (3) within the scope of the employee's official duties.
10    For the purposes of this subsection (d), "penal
11institution" has the meaning ascribed to it in clause (c)(1) of
12Section 31A-1.1.
13(Source: P.A. 94-183, eff. 1-1-06.)
 
14    (720 ILCS 5/14-3)
15    Sec. 14-3. Exemptions. The following activities shall be
16exempt from the provisions of this Article:
17    (a) Listening to radio, wireless electronic
18communications, and television communications of any sort
19where the same are publicly made;
20    (b) Hearing conversation when heard by employees of any
21common carrier by wire incidental to the normal course of their
22employment in the operation, maintenance or repair of the
23equipment of such common carrier by wire so long as no
24information obtained thereby is used or divulged by the hearer;
25    (c) Any broadcast by radio, television or otherwise whether

 

 

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

 

 

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

 

 

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

 

 

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1court to be relevant and otherwise admissible, it shall be
2admissible at the trial of the criminal case.
3    This subsection (g-5) is inoperative on and after January
41, 2005. No conversations recorded or monitored pursuant to
5this subsection (g-5) shall be inadmissible in a court of law
6by virtue of the repeal of this subsection (g-5) on January 1,
72005;
8    (g-6) With approval of the State's Attorney of the county
9in which it is to occur, recording or listening with the aid of
10any device to any conversation where a law enforcement officer,
11or any person acting at the direction of law enforcement, is a
12party to the conversation and has consented to it being
13intercepted or recorded in the course of an investigation of
14involuntary servitude, involuntary sexual servitude of a
15minor, trafficking in persons, child pornography, aggravated
16child pornography, indecent solicitation of a child, child
17abduction, luring of a minor, sexual exploitation of a child,
18predatory criminal sexual assault of a child, aggravated
19criminal sexual abuse in which the victim of the offense was at
20the time of the commission of the offense under 18 years of
21age, or criminal sexual abuse by force or threat of force in
22which the victim of the offense was at the time of the
23commission of the offense under 18 years of age, or aggravated
24criminal sexual assault in which the victim of the offense was
25at the time of the commission of the offense under 18 years of
26age. In all such cases, an application for an order approving

 

 

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1the previous or continuing use of an eavesdropping device must
2be made within 48 hours of the commencement of such use. In the
3absence of such an order, or upon its denial, any continuing
4use shall immediately terminate. The Director of State Police
5shall issue rules as are necessary concerning the use of
6devices, retention of recordings, and reports regarding their
7use. Any recording or evidence obtained or derived in the
8course of an investigation of involuntary servitude,
9involuntary sexual servitude of a minor, trafficking in
10persons, child pornography, aggravated child pornography,
11indecent solicitation of a child, child abduction, luring of a
12minor, sexual exploitation of a child, predatory criminal
13sexual assault of a child, aggravated criminal sexual abuse in
14which the victim of the offense was at the time of the
15commission of the offense under 18 years of age, or criminal
16sexual abuse by force or threat of force in which the victim of
17the offense was at the time of the commission of the offense
18under 18 years of age, or aggravated criminal sexual assault in
19which the victim of the offense was at the time of the
20commission of the offense under 18 years of age shall, upon
21motion of the State's Attorney or Attorney General prosecuting
22any case involving involuntary servitude, involuntary sexual
23servitude of a minor, trafficking in persons, child
24pornography, 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, or 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, be reviewed in camera with notice to all
9parties present by the court presiding over the criminal case,
10and, if ruled by the court to be relevant and otherwise
11admissible, it shall be admissible at the trial of the criminal
12case. Absent such a ruling, any such recording or evidence
13shall not be admissible at the trial of the criminal case;
14    (h) Recordings made simultaneously with the use of an
15in-car video camera recording of an oral conversation between a
16uniformed peace officer, who has identified his or her office,
17and a person in the presence of the peace officer whenever (i)
18an officer assigned a patrol vehicle is conducting an
19enforcement stop; or (ii) patrol vehicle emergency lights are
20activated or would otherwise be activated if not for the need
21to conceal the presence of law enforcement.
22    For the purposes of this subsection (h), "enforcement stop"
23means an action by a law enforcement officer in relation to
24enforcement and investigation duties, including but not
25limited to, traffic stops, pedestrian stops, abandoned vehicle
26contacts, motorist assists, commercial motor vehicle stops,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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, nor shall
4anything in this subsection be deemed to prevent a court from
5independently reviewing the admissibility of the evidence for
6compliance with the Fourth Amendment to the U.S. Constitution
7or with Article I, Section 6 of the Illinois Constitution.
8    (6) Use of recordings or intercepts unrelated to qualified
9drug offenses. Whenever any private conversation or private
10electronic wire, electronic, or oral communication has been
11recorded or intercepted as a result of this exception that is
12not related to an offense for which the recording or intercept
13is admissible under paragraph (4) of this subsection (q) a drug
14offense or a forcible felony committed in the course of a drug
15offense, no part of the contents of the communication and
16evidence derived from the communication may be received in
17evidence in any trial, hearing, or other proceeding in or
18before any court, grand jury, department, officer, agency,
19regulatory body, legislative committee, or other authority of
20this State, or a political subdivision of the State, nor may it
21be publicly disclosed in any way.
22    (6.5) The Department of State Police shall adopt rules as
23are necessary concerning the use of devices, retention of
24recordings, and reports regarding their use under this
25subsection (q).
26    (7) Definitions. For the purposes of this subsection (q)

 

 

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

 

 

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1        persons, involuntary servitude, involuntary sexual
2        servitude of a minor, or gunrunning.
3        "State's Attorney" includes and is limited to the
4    State's Attorney or an assistant State's Attorney
5    designated by the State's Attorney to provide verbal
6    approval to record or intercept conversations under this
7    subsection (q).
8    (8) Sunset. This subsection (q) is inoperative on and after
9January 1, 2018 2015. No conversations intercepted pursuant to
10this subsection (q), while operative, shall be inadmissible in
11a court of law by virtue of the inoperability of this
12subsection (q) on January 1, 2018 2015 .
13    (9) Recordings, records, and custody. Any private
14conversation or private electronic communication intercepted
15by a law enforcement officer or a person acting at the
16direction of law enforcement shall, if practicable, be recorded
17in such a way as will protect the recording from editing or
18other alteration. Any and all original recordings made under
19this subsection (q) shall be inventoried without unnecessary
20delay pursuant to the law enforcement agency's policies for
21inventorying evidence. The original recordings shall not be
22destroyed except upon an order of a court of competent
23jurisdiction; and
24    (r) Electronic recordings, including but not limited to,
25motion picture, videotape, digital, or other visual or audio
26recording, made of a lineup under Section 107A-2 of the Code of

 

 

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1Criminal Procedure of 1963.
2(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
397-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
41-1-15.)
 
5    (720 ILCS 5/14-4)  (from Ch. 38, par. 14-4)
6    Sec. 14-4. Sentence.
7    (a) Eavesdropping, for a first offense, is a Class A
8misdemeanor 4 felony and, for a second or subsequent offense,
9is a Class 4 3 felony.
10    (b) (Blank). The eavesdropping of an oral conversation or
11an electronic communication 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 1
16felony.
17(Source: P.A. 91-357, eff. 7-29-99; 91-657, eff. 1-1-00.)
 
18    (720 ILCS 5/14-5)  (from Ch. 38, par. 14-5)
19    Sec. 14-5. Evidence inadmissible.
20    Any evidence obtained in violation of this Article is not
21admissible in any civil or criminal trial, or any
22administrative or legislative inquiry or proceeding, nor in any
23grand jury proceedings; provided, however, that so much of the
24contents of an alleged unlawfully intercepted, overheard or

 

 

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