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90_HB0471
720 ILCS 5/14-3 from Ch. 38, par. 14-3
Amends the Article on eavesdropping in the Criminal Code
of 1961. Adds an exemption to the provisions of this Article
for recording a conversation requesting an emergency response
by a corporation or business entity that maintains a full
professional emergency response or emergency services
operation. Effective immediately.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 14-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 14-3 as follows:
7 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
8 Sec. 14-3. Exemptions. The following activities shall
9 be exempt from the provisions of this Article:
10 (a) Listening to radio, wireless and television
11 communications of any sort where the same are publicly made;
12 (b) Hearing conversation when heard by employees of any
13 common carrier by wire incidental to the normal course of
14 their employment in the operation, maintenance or repair of
15 the equipment of such common carrier by wire so long as no
16 information obtained thereby is used or divulged by the
17 hearer;
18 (c) Any broadcast by radio, television or otherwise
19 whether it be a broadcast or recorded for the purpose of
20 later broadcasts of any function where the public is in
21 attendance and the conversations are overheard incidental to
22 the main purpose for which such broadcasts are then being
23 made;
24 (d) Recording or listening with the aid of any device to
25 any emergency communication made in the normal course of
26 operations by any federal, state or local law enforcement
27 agency or institutions dealing in emergency services,
28 including, but not limited to, hospitals, clinics, ambulance
29 services, fire fighting agencies, any public utility,
30 emergency repair facility, civilian defense establishment or
31 military installation;
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1 (e) Recording the proceedings of any meeting required to
2 be open by the Open Meetings Act, as amended; and
3 (f) Recording or listening with the aid of any device to
4 incoming telephone calls of phone lines publicly listed or
5 advertised as consumer "hotlines" by manufacturers or
6 retailers of food and drug products. Such recordings must be
7 destroyed, erased or turned over to local law enforcement
8 authorities within 24 hours from the time of such recording
9 and shall not be otherwise disseminated. Failure on the part
10 of the individual or business operating any such recording or
11 listening device to comply with the requirements of this
12 subsection shall eliminate any civil or criminal immunity
13 conferred upon that individual or business by the operation
14 of this Section.
15 (g) With prior notification to the State's Attorney of
16 the county in which it is to occur, recording or listening
17 with the aid of any device to any conversation where a law
18 enforcement officer, or any person acting at the direction of
19 law enforcement, is a party to the conversation and has
20 consented to it being intercepted or recorded under
21 circumstances where the use of the device is necessary for
22 the protection of the law enforcement officer or any person
23 acting at the direction of law enforcement, in the course of
24 an investigation of a forcible felony, a felony violation of
25 the Illinois Controlled Substances Act, a felony violation of
26 the Cannabis Control Act, or any "streetgang related" or
27 "gang-related" felony as those terms are defined in the
28 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
29 recording or evidence derived as the result of this exemption
30 shall be inadmissible in any proceeding, criminal, civil or
31 administrative, except (i) where a party to the conversation
32 suffers great bodily injury or is killed during such
33 conversation, or (ii) when used as direct impeachment of a
34 witness concerning matters contained in the interception or
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1 recording. The Director of the Department of State Police
2 shall issue regulations as are necessary concerning the use
3 of devices, retention of tape recordings, and reports
4 regarding their use.
5 (h) Recordings made simultaneously with a video
6 recording of an oral conversation between a peace officer,
7 who has identified his or her office, and a person stopped
8 for an investigation of an offense under the Illinois Vehicle
9 Code.
10 (i) Recording of a conversation made by or at the
11 request of a person, not a law enforcement officer or agent
12 of a law enforcement officer, who is a party to the
13 conversation, under reasonable suspicion that another party
14 to the conversation is committing, is about to commit, or has
15 committed a criminal offense against the person or a member
16 of his or her immediate household, and there is reason to
17 believe that evidence of the criminal offense may be obtained
18 by the recording.
19 (j) The use of a telephone monitoring device by either
20 (1) a corporation or other business entity engaged in
21 marketing or opinion research or (2) a corporation or other
22 business entity engaged in telephone solicitation, as defined
23 in this subsection, to record or listen to oral telephone
24 solicitation conversations or marketing or opinion research
25 conversations by an employee of the corporation or other
26 business entity when:
27 (i) the monitoring is used for the purpose of
28 service quality control of marketing or opinion research
29 or telephone solicitation, the education or training of
30 employees or contractors engaged in marketing or opinion
31 research or telephone solicitation, or internal research
32 related to marketing or opinion research or telephone
33 solicitation; and
34 (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
2 or opinion research conversation or telephone
3 solicitation conversation being monitored.
4 No communication or conversation or any part, portion, or
5 aspect of the communication or conversation made, acquired,
6 or obtained, directly or indirectly, under this exemption
7 (j), may be, directly or indirectly, furnished to any law
8 enforcement officer, agency, or official for any purpose or
9 used in any inquiry or investigation, or used, directly or
10 indirectly, in any administrative, judicial, or other
11 proceeding, or divulged to any third party.
12 When recording or listening authorized by this subsection
13 (j) on telephone lines used for marketing or opinion research
14 or telephone solicitation purposes results in recording or
15 listening to a conversation that does not relate to marketing
16 or opinion research or telephone solicitation; the person
17 recording or listening shall, immediately upon determining
18 that the conversation does not relate to marketing or opinion
19 research or telephone solicitation, terminate the recording
20 or listening and destroy any such recording as soon as is
21 practicable.
22 Business entities that use a telephone monitoring or
23 telephone recording system pursuant to this exemption (j)
24 shall provide current and prospective employees with notice
25 that the monitoring or recordings may occur during the course
26 of their employment. The notice shall include prominent
27 signage notification within the workplace.
28 Business entities that use a telephone monitoring or
29 telephone recording system pursuant to this exemption (j)
30 shall provide their employees or agents with access to
31 personal-only telephone lines which may be pay telephones,
32 that are not subject to telephone monitoring or telephone
33 recording.
34 For the purposes of this subsection (j), "telephone
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1 solicitation" means a communication through the use of a
2 telephone by live operators:
3 (i) soliciting the sale of goods or services;
4 (ii) receiving orders for the sale of goods or
5 services;
6 (iii) assisting in the use of goods or services; or
7 (iv) engaging in the solicitation, administration,
8 or collection of bank or retail credit accounts.
9 For the purposes of this subsection (j), "marketing or
10 opinion research" means a marketing or opinion research
11 interview conducted by a live telephone interviewer engaged
12 by a corporation or other business entity whose principal
13 business is the design, conduct, and analysis of polls and
14 surveys measuring the opinions, attitudes, and responses of
15 respondents toward products and services, or social or
16 political issues, or both.
17 (k) Recording a conversation requesting an emergency
18 response by a corporation or business entity that maintains a
19 full professional emergency response or emergency services
20 operation.
21 As used in this subsection (k), "emergency" means a
22 condition or circumstance in which an individual is or is
23 reasonably believed by the person transmitting the
24 communication to be in imminent danger of serious bodily
25 injury or in which property is or is reasonably believed by
26 that person transmitting the communication to be in imminent
27 danger of destruction.
28 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
29 89-452, eff. 5-17-96.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.