State of Illinois
92nd General Assembly

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 1        AN ACT in relation to criminal investigations.

 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
                            -2-                LRB9215699RCcd
 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
                            -3-                LRB9215699RCcd
 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        (h-5)   Recordings   made  simultaneously  with  a  video
10    recording of an oral conversation between  a  peace  officer,
11    who   has   identified  his  or  her  office,  and  a  person
12    interviewed as a suspect or witness in a case that may result
13    in a defendant being charged with first degree  murder  or  a
14    Class  X  felony as provided in Section 108C-5 of the Code of
15    Criminal Procedure of 1963;
16        (i)  Recording of  a  conversation  made  by  or  at  the
17    request  of  a person, not a law enforcement officer or agent
18    of  a  law  enforcement  officer,  who  is  a  party  to  the
19    conversation, under reasonable suspicion that  another  party
20    to the conversation is committing, is about to commit, or has
21    committed  a  criminal offense against the person or a member
22    of his or her immediate household, and  there  is  reason  to
23    believe that evidence of the criminal offense may be obtained
24    by the recording; and
25        (j)  The  use  of a telephone monitoring device by either
26    (1)  a  corporation  or  other  business  entity  engaged  in
27    marketing or opinion research or (2) a corporation  or  other
28    business entity engaged in telephone solicitation, as defined
29    in  this  subsection,  to  record or listen to oral telephone
30    solicitation conversations or marketing or  opinion  research
31    conversations  by  an  employee  of  the corporation or other
32    business entity when:
33             (i)  the monitoring  is  used  for  the  purpose  of
34        service  quality control of marketing or opinion research
                            -4-                LRB9215699RCcd
 1        or telephone solicitation, the education or  training  of
 2        employees  or contractors engaged in marketing or opinion
 3        research or telephone solicitation, or internal  research
 4        related  to  marketing  or  opinion research or telephone
 5        solicitation; and
 6             (ii)  the monitoring is used with the consent of  at
 7        least  one person who is an active party to the marketing
 8        or   opinion   research   conversation    or    telephone
 9        solicitation conversation being monitored.
10        No communication or conversation or any part, portion, or
11    aspect  of  the communication or conversation made, acquired,
12    or obtained, directly or  indirectly,  under  this  exemption
13    (j),  may  be,  directly  or indirectly, furnished to any law
14    enforcement officer, agency, or official for any  purpose  or
15    used  in  any  inquiry or investigation, or used, directly or
16    indirectly,  in  any  administrative,  judicial,   or   other
17    proceeding, or divulged to any third party.
18        When recording or listening authorized by this subsection
19    (j) on telephone lines used for marketing or opinion research
20    or  telephone  solicitation  purposes results in recording or
21    listening to a conversation that does not relate to marketing
22    or opinion research or  telephone  solicitation;  the  person
23    recording  or  listening  shall, immediately upon determining
24    that the conversation does not relate to marketing or opinion
25    research or telephone solicitation, terminate  the  recording
26    or  listening  and  destroy  any such recording as soon as is
27    practicable.
28        Business entities that  use  a  telephone  monitoring  or
29    telephone  recording  system  pursuant  to this exemption (j)
30    shall provide current and prospective employees  with  notice
31    that the monitoring or recordings may occur during the course
32    of  their  employment.   The  notice  shall include prominent
33    signage notification within the workplace.
34        Business entities that  use  a  telephone  monitoring  or
                            -5-                LRB9215699RCcd
 1    telephone  recording  system  pursuant  to this exemption (j)
 2    shall provide  their  employees  or  agents  with  access  to
 3    personal-only  telephone  lines  which may be pay telephones,
 4    that are not subject to  telephone  monitoring  or  telephone
 5    recording.
 6        For  the  purposes  of  this  subsection  (j), "telephone
 7    solicitation" means a communication  through  the  use  of  a
 8    telephone by live operators:
 9             (i)  soliciting the sale of goods or services;
10             (ii)  receiving  orders  for  the  sale  of goods or
11        services;
12             (iii)  assisting in the use of goods or services; or
13             (iv)  engaging in the solicitation,  administration,
14        or collection of bank or retail credit accounts.
15        For  the  purposes  of this subsection (j), "marketing or
16    opinion research"  means  a  marketing  or  opinion  research
17    interview  conducted  by a live telephone interviewer engaged
18    by a corporation or other  business  entity  whose  principal
19    business  is  the  design, conduct, and analysis of polls and
20    surveys measuring the opinions, attitudes, and  responses  of
21    respondents  toward  products  and  services,  or  social  or
22    political issues, or both.
23    (Source: P.A. 91-357, eff. 7-29-99.)

24        Section  10.  The  Code  of Criminal Procedure of 1963 is
25    amended by adding Article 108C as follows:

26        (725 ILCS 5/Art. 108C heading new)

28        (725 ILCS 5/108C-5 new)
29        Sec. 108C-5. Videotaping of interviews required.   During
30    an  investigation  of  a  case that may result in a defendant
31    being charged with first degree murder or a Class  X  felony,
                            -6-                LRB9215699RCcd
 1    every  interview  between  a  peace  officer and a suspect or
 2    witness in that case must be videotaped. The videotaping must
 3    begin with the peace officer's statement to  the  suspect  or
 4    witness  reciting  all  constitutionally  required  warnings,
 5    which  must  be  followed  by  the  waiver  by the suspect or
 6    witness of each  of  his  or  her  constitutional  rights  as
 7    specified  in  those  warnings.  The entire interview must be
 8    videotaped.

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.

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