Illinois General Assembly - Full Text of HB0185
Illinois General Assembly

Previous General Assemblies

Full Text of HB0185  100th General Assembly

HB0185ham001 100TH GENERAL ASSEMBLY

Rep. Elgie R. Sims, Jr.

Filed: 10/20/2017

 

 


 

 


 
10000HB0185ham001LRB100 03278 RLC 30052 a

1
AMENDMENT TO HOUSE BILL 185

2    AMENDMENT NO. ______. Amend House Bill 185 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 14-3 as follows:
 
6    (720 ILCS 5/14-3)
7    Sec. 14-3. Exemptions. The following activities shall be
8exempt from the provisions of this Article:
9    (a) Listening to radio, wireless electronic
10communications, and television communications of any sort
11where the same are publicly made;
12    (b) Hearing conversation when heard by employees of any
13common carrier by wire incidental to the normal course of their
14employment in the operation, maintenance or repair of the
15equipment of such common carrier by wire so long as no
16information obtained thereby is used or divulged by the hearer;

 

 

10000HB0185ham001- 2 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 3 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 4 -LRB100 03278 RLC 30052 a

1conversation, or (ii) when used as direct impeachment of a
2witness concerning matters contained in the interception or
3recording. The Director of the Department of State Police shall
4issue regulations as are necessary concerning the use of
5devices, retention of tape recordings, and reports regarding
6their use;
7    (g-5) (Blank);
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
14child pornography, aggravated child pornography, indecent
15solicitation of a child, luring of a minor, sexual exploitation
16of a child, aggravated criminal sexual abuse in which the
17victim of the offense was at the time of the commission of the
18offense under 18 years of age, or criminal sexual abuse by
19force or threat of force 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

 

 

10000HB0185ham001- 5 -LRB100 03278 RLC 30052 a

1devices, retention of recordings, and reports regarding their
2use. Any recording or evidence obtained or derived in the
3course of an investigation of child pornography, aggravated
4child pornography, indecent solicitation of a child, luring of
5a minor, sexual exploitation of a child, aggravated criminal
6sexual abuse in which the victim of the offense was at the time
7of the commission of the offense under 18 years of age, or
8criminal sexual abuse by force or threat of force in which the
9victim of the offense was at the time of the commission of the
10offense under 18 years of age shall, upon motion of the State's
11Attorney or Attorney General prosecuting any case involving
12child pornography, aggravated child pornography, indecent
13solicitation of a child, luring of a minor, sexual exploitation
14of a child, aggravated criminal sexual abuse in which the
15victim of the offense was at the time of the commission of the
16offense under 18 years of age, or criminal sexual abuse by
17force or threat of force in which the victim of the offense was
18at the time of the commission of the offense under 18 years of
19age be reviewed in camera with notice to all parties present by
20the court presiding over the criminal case, and, if ruled by
21the court to be relevant and otherwise admissible, it shall be
22admissible at the trial of the criminal case. Absent such a
23ruling, any such recording or evidence shall not be admissible
24at the trial of the criminal case;
25    (h) Recordings made simultaneously with the use of an
26in-car video camera recording of an oral conversation between a

 

 

10000HB0185ham001- 6 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 7 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 8 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 9 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 10 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 11 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 12 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 13 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 14 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 15 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 16 -LRB100 03278 RLC 30052 a

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

 

 

10000HB0185ham001- 17 -LRB100 03278 RLC 30052 a

1            Substances Act; and
2                (iii) Section 60 of the Methamphetamine
3            Control and Community Protection Act; and
4            (B) first degree murder, solicitation of murder
5        for hire, predatory criminal sexual assault of a child,
6        criminal sexual assault, aggravated criminal sexual
7        assault, aggravated arson, kidnapping, aggravated
8        kidnapping, child abduction, trafficking in persons,
9        involuntary servitude, involuntary sexual servitude of
10        a minor, or gunrunning.
11        "State's Attorney" includes and is limited to the
12    State's Attorney or an assistant State's Attorney
13    designated by the State's Attorney to provide verbal
14    approval to record or intercept conversations under this
15    subsection (q).
16    (8) Sunset. This subsection (q) is inoperative on and after
17January 1, 2020 2018. No conversations intercepted pursuant to
18this subsection (q), while operative, shall be inadmissible in
19a court of law by virtue of the inoperability of this
20subsection (q) on January 1, 2020 2018.
21    (9) Recordings, records, and custody. Any private
22conversation or private electronic communication intercepted
23by a law enforcement officer or a person acting at the
24direction of law enforcement shall, if practicable, be recorded
25in such a way as will protect the recording from editing or
26other alteration. Any and all original recordings made under

 

 

10000HB0185ham001- 18 -LRB100 03278 RLC 30052 a

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