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| [ Introduced ] | [ House Amendment 001 ] |
92_HB5925eng HB5925 Engrossed LRB9213685RCdv 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 14-3 as follows: 6 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) 7 Sec. 14-3. Exemptions. The following activities shall 8 be exempt from the provisions of this Article: 9 (a) Listening to radio, wireless and television 10 communications of any sort where the same are publicly made; 11 (b) Hearing conversation when heard by employees of any 12 common carrier by wire incidental to the normal course of 13 their employment in the operation, maintenance or repair of 14 the equipment of such common carrier by wire so long as no 15 information obtained thereby is used or divulged by the 16 hearer; 17 (c) Any broadcast by radio, television or otherwise 18 whether it be a broadcast or recorded for the purpose of 19 later broadcasts of any function where the public is in 20 attendance and the conversations are overheard incidental to 21 the main purpose for which such broadcasts are then being 22 made; 23 (d) Recording or listening with the aid of any device to 24 any emergency communication made in the normal course of 25 operations by any federal, state or local law enforcement 26 agency or institutions dealing in emergency services, 27 including, but not limited to, hospitals, clinics, ambulance 28 services, fire fighting agencies, any public utility, 29 emergency repair facility, civilian defense establishment or 30 military installation; 31 (e) Recording the proceedings of any meeting required to HB5925 Engrossed -2- LRB9213685RCdv 1 be open by the Open Meetings Act, as amended; 2 (f) Recording or listening with the aid of any device to 3 incoming telephone calls of phone lines publicly listed or 4 advertised as consumer "hotlines" by manufacturers or 5 retailers of food and drug products. Such recordings must be 6 destroyed, erased or turned over to local law enforcement 7 authorities within 24 hours from the time of such recording 8 and shall not be otherwise disseminated. Failure on the part 9 of the individual or business operating any such recording or 10 listening device to comply with the requirements of this 11 subsection shall eliminate any civil or criminal immunity 12 conferred upon that individual or business by the operation 13 of this Section; 14 (g) With prior notification to the State's Attorney of 15 the county in which it is to occur, recording or listening 16 with the aid of any device to any conversation where a law 17 enforcement officer, or any person acting at the direction of 18 law enforcement, is a party to the conversation and has 19 consented to it being intercepted or recorded under 20 circumstances where the use of the device is necessary for 21 the protection of the law enforcement officer or any person 22 acting at the direction of law enforcement, in the course of 23 an investigation of a forcible felony, a felony violation of 24 the Illinois Controlled Substances Act, a felony violation of 25 the Cannabis Control Act, or any "streetgang related" or 26 "gang-related" felony as those terms are defined in the 27 Illinois Streetgang Terrorism Omnibus Prevention Act. Any 28 recording or evidence derived as the result of this exemption 29 shall be inadmissible in any proceeding, criminal, civil or 30 administrative, except (i) where a party to the conversation 31 suffers great bodily injury or is killed during such 32 conversation, or (ii) when used as direct impeachment of a 33 witness concerning matters contained in the interception or 34 recording. The Director of the Department of State Police HB5925 Engrossed -3- LRB9213685RCdv 1 shall issue regulations as are necessary concerning the use 2 of devices, retention of tape recordings, and reports 3 regarding their use; 4 (h) Recordings made simultaneously with a video 5 recording of an oral conversation between a peace officer, 6 who has identified his or her office, and a person stopped 7 for an investigation of an offense under the Illinois Vehicle 8 Code; 9 (i) Recording of a conversation made by or at the 10 request of a person, not a law enforcement officer or agent 11 of a law enforcement officer, who is a party to the 12 conversation, under reasonable suspicion that another party 13 to the conversation is committing, is about to commit, or has 14 committed a criminal offense against the person or a member 15 of his or her immediate household, and there is reason to 16 believe that evidence of the criminal offense may be obtained 17 by the recording; and 18 (j) The use of a telephone monitoring device by either 19 (1) a corporation or other business entity engaged in 20 marketing or opinion research or (2) a corporation or other 21 business entity engaged in telephone solicitation, as defined 22 in this subsection, to record or listen to oral telephone 23 solicitation conversations or marketing or opinion research 24 conversations by an employee of the corporation or other 25 business entity when: 26 (i) the monitoring is used for the purpose of 27 service quality control of marketing or opinion research 28 or telephone solicitation, the education or training of 29 employees or contractors engaged in marketing or opinion 30 research or telephone solicitation, or internal research 31 related to marketing or opinion research or telephone 32 solicitation; and 33 (ii) the monitoring is used with the consent of at 34 least one person who is an active party to the marketing HB5925 Engrossed -4- LRB9213685RCdv 1 or opinion research conversation or telephone 2 solicitation conversation being monitored. 3 No communication or conversation or any part, portion, or 4 aspect of the communication or conversation made, acquired, 5 or obtained, directly or indirectly, under this exemption 6 (j), may be, directly or indirectly, furnished to any law 7 enforcement officer, agency, or official for any purpose or 8 used in any inquiry or investigation, or used, directly or 9 indirectly, in any administrative, judicial, or other 10 proceeding, or divulged to any third party. 11 When recording or listening authorized by this subsection 12 (j) on telephone lines used for marketing or opinion research 13 or telephone solicitation purposes results in recording or 14 listening to a conversation that does not relate to marketing 15 or opinion research or telephone solicitation; the person 16 recording or listening shall, immediately upon determining 17 that the conversation does not relate to marketing or opinion 18 research or telephone solicitation, terminate the recording 19 or listening and destroy any such recording as soon as is 20 practicable. 21 Business entities that use a telephone monitoring or 22 telephone recording system pursuant to this exemption (j) 23 shall provide current and prospective employees with notice 24 that the monitoring or recordings may occur during the course 25 of their employment. The notice shall include prominent 26 signage notification within the workplace. 27 Business entities that use a telephone monitoring or 28 telephone recording system pursuant to this exemption (j) 29 shall provide their employees or agents with access to 30 personal-only telephone lines which may be pay telephones, 31 that are not subject to telephone monitoring or telephone 32 recording. 33 For the purposes of this subsection (j), "telephone 34 solicitation" means a communication through the use of a HB5925 Engrossed -5- LRB9213685RCdv 1 telephone by live operators: 2 (i) soliciting the sale of goods or services; 3 (ii) receiving orders for the sale of goods or 4 services; 5 (iii) assisting in the use of goods or services; or 6 (iv) engaging in the solicitation, administration, 7 or collection of bank or retail credit accounts. 8 For the purposes of this subsection (j), "marketing or 9 opinion research" means a marketing or opinion research 10 interview conducted by a live telephone interviewer engaged 11 by a corporation or other business entity whose principal 12 business is the design, conduct, and analysis of polls and 13 surveys measuring the opinions, attitudes, and responses of 14 respondents toward products and services, or social or 15 political issues, or both. 16 (k) Recordings made simultaneously with a security video 17 recording by a fixed, publicly visible camera in vehicles 18 used by authorized public mass transit districts in the 19 normal course of public transportation. The audio recordings 20 must be confined to the passenger boarding or driver areas of 21 the vehicle, or both. Every vehicle so equipped must have a 22 sign posted in clear view of the boarding passengers 23 indicating that both audio and video are being recorded. 24 (Source: P.A. 91-357, eff. 7-29-99.)