Sen. Antonio Muñoz
Filed: 2/20/2019
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1 | AMENDMENT TO SENATE BILL 1139
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2 | AMENDMENT NO. ______. Amend Senate Bill 1139 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 14-3 as follows: | ||||||
6 | (720 ILCS 5/14-3) | ||||||
7 | Sec. 14-3. Exemptions. The following activities shall be
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8 | exempt from the provisions of this Article: | ||||||
9 | (a) Listening to radio, wireless electronic | ||||||
10 | communications, and television communications of
any sort | ||||||
11 | 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 their | ||||||
14 | employment in
the operation, maintenance or repair of the | ||||||
15 | equipment of such common
carrier by wire so long as no | ||||||
16 | information obtained thereby is used or
divulged by the hearer; |
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1 | (c) Any broadcast by radio, television or otherwise whether | ||||||
2 | it be a
broadcast or recorded for the purpose of later | ||||||
3 | broadcasts of any
function where the public is in attendance | ||||||
4 | and the conversations are
overheard incidental to the main | ||||||
5 | purpose for which such broadcasts are
then being made; | ||||||
6 | (d) Recording or listening with the aid of any device to | ||||||
7 | any
emergency communication made in the normal course of | ||||||
8 | operations by any
federal, state or local law enforcement | ||||||
9 | agency or institutions dealing
in emergency services, | ||||||
10 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
11 | services, fire fighting agencies, any public utility,
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12 | emergency repair facility, civilian defense establishment or | ||||||
13 | military
installation; | ||||||
14 | (e) Recording the proceedings of any meeting required to be | ||||||
15 | open by
the Open Meetings Act, as amended; | ||||||
16 | (f) Recording or listening with the aid of any device to | ||||||
17 | incoming
telephone calls of phone lines publicly listed or | ||||||
18 | advertised as consumer
"hotlines" by manufacturers or | ||||||
19 | retailers of food and drug products. Such
recordings must be | ||||||
20 | destroyed, erased or turned over to local law
enforcement | ||||||
21 | authorities within 24 hours from the time of such recording and
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22 | shall not be otherwise disseminated. Failure on the part of the | ||||||
23 | individual
or business operating any such recording or | ||||||
24 | listening device to comply with
the requirements of this | ||||||
25 | subsection shall eliminate any civil or criminal
immunity | ||||||
26 | conferred upon that individual or business by the operation of
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1 | this Section; | ||||||
2 | (g) With prior notification to the State's Attorney of the
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3 | county in which
it is to occur, recording or listening with the | ||||||
4 | aid of any device to any
conversation
where a law enforcement | ||||||
5 | officer, or any person acting at the direction of law
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6 | enforcement, is a party to the conversation and has consented | ||||||
7 | to it being
intercepted or recorded under circumstances where | ||||||
8 | the use of the device is
necessary for the protection of the | ||||||
9 | law enforcement officer or any person
acting at the direction | ||||||
10 | of law enforcement, in the course of an
investigation
of a | ||||||
11 | forcible felony, a felony offense of involuntary servitude, | ||||||
12 | involuntary sexual servitude of a minor, or trafficking in | ||||||
13 | persons under Section 10-9 of this Code, an offense involving | ||||||
14 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
15 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
16 | felony violation of the Cannabis Control Act, a felony | ||||||
17 | violation of the Methamphetamine Control and Community | ||||||
18 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
19 | felony as those terms are defined in the Illinois
Streetgang | ||||||
20 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
21 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
22 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
23 | evidence derived
as the
result of this exemption shall be | ||||||
24 | inadmissible in any proceeding, criminal,
civil or
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25 | administrative, except (i) where a party to the conversation | ||||||
26 | suffers great
bodily injury or is killed during such |
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1 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
2 | witness concerning matters contained in
the interception or | ||||||
3 | recording. The Director of the
Department of
State Police shall | ||||||
4 | issue regulations as are necessary concerning the use of
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5 | devices, retention of tape recordings, and reports regarding | ||||||
6 | their
use; | ||||||
7 | (g-5) (Blank); | ||||||
8 | (g-6) With approval of the State's Attorney of the county | ||||||
9 | in which it is to occur, recording or listening with the aid of | ||||||
10 | any device to any conversation where a law enforcement officer, | ||||||
11 | or any person acting at the direction of law enforcement, is a | ||||||
12 | party to the conversation and has consented to it being | ||||||
13 | intercepted or recorded in the course of an investigation of | ||||||
14 | child pornography, aggravated child pornography, indecent | ||||||
15 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
16 | of a child, aggravated criminal sexual abuse in which the | ||||||
17 | victim of the offense was at the time of the commission of the | ||||||
18 | offense under 18 years of age, or criminal sexual abuse by | ||||||
19 | force or threat of force in which the victim of the offense was | ||||||
20 | at the time of the commission of the offense under 18 years of | ||||||
21 | age. In all such cases, an application for an order approving | ||||||
22 | the previous or continuing use of an eavesdropping device must | ||||||
23 | be made within 48 hours of the commencement of such use. In the | ||||||
24 | absence of such an order, or upon its denial, any continuing | ||||||
25 | use shall immediately terminate. The Director of State Police | ||||||
26 | shall issue rules as are necessary concerning the use of |
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1 | devices, retention of recordings, and reports regarding their | ||||||
2 | use.
Any recording or evidence obtained or derived in the | ||||||
3 | course of an investigation of child pornography, aggravated | ||||||
4 | child pornography, indecent solicitation of a child, luring of | ||||||
5 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
6 | sexual abuse in which the victim of the offense was at the time | ||||||
7 | of the commission of the offense under 18 years of age, or | ||||||
8 | criminal sexual abuse by force or threat of force in which the | ||||||
9 | victim of the offense was at the time of the commission of the | ||||||
10 | offense under 18 years of age shall, upon motion of the State's | ||||||
11 | Attorney or Attorney General prosecuting any case involving | ||||||
12 | child pornography, aggravated child pornography, indecent | ||||||
13 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
14 | of a child, aggravated criminal sexual abuse in which the | ||||||
15 | victim of the offense was at the time of the commission of the | ||||||
16 | offense under 18 years of age, or criminal sexual abuse by | ||||||
17 | force or threat of force in which the victim of the offense was | ||||||
18 | at the time of the commission of the offense under 18 years of | ||||||
19 | age be reviewed in camera with notice to all parties present by | ||||||
20 | the court presiding over the criminal case, and, if ruled by | ||||||
21 | the court to be relevant and otherwise admissible, it shall be | ||||||
22 | admissible at the trial of the criminal case. Absent such a | ||||||
23 | ruling, any such recording or evidence shall not be admissible | ||||||
24 | at the trial of the criminal case; | ||||||
25 | (h) Recordings made simultaneously with the use of an | ||||||
26 | in-car video camera recording of an oral
conversation between a |
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1 | uniformed peace officer, who has identified his or her office, | ||||||
2 | and
a person in the presence of the peace officer whenever (i) | ||||||
3 | an officer assigned a patrol vehicle is conducting an | ||||||
4 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
5 | activated or would otherwise be activated if not for the need | ||||||
6 | to conceal the presence of law enforcement. | ||||||
7 | For the purposes of this subsection (h), "enforcement stop" | ||||||
8 | means an action by a law enforcement officer in relation to | ||||||
9 | enforcement and investigation duties, including but not | ||||||
10 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
11 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
12 | roadside safety checks, requests for identification, or | ||||||
13 | responses to requests for emergency assistance; | ||||||
14 | (h-5) Recordings of utterances made by a person while in | ||||||
15 | the presence of a uniformed peace officer and while an occupant | ||||||
16 | of a police vehicle including, but not limited to, (i) | ||||||
17 | recordings made simultaneously with the use of an in-car video | ||||||
18 | camera and (ii) recordings made in the presence of the peace | ||||||
19 | officer utilizing video or audio systems, or both, authorized | ||||||
20 | by the law enforcement agency; | ||||||
21 | (h-10) Recordings made simultaneously with a video camera | ||||||
22 | recording during
the use of a taser or similar weapon or device | ||||||
23 | by a peace officer if the weapon or device is equipped with | ||||||
24 | such camera; | ||||||
25 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
26 | (h-10) shall be retained by the law enforcement agency that |
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1 | employs the peace officer who made the recordings for a storage | ||||||
2 | period of 90 days, unless the recordings are made as a part of | ||||||
3 | an arrest or the recordings are deemed evidence in any | ||||||
4 | criminal, civil, or administrative proceeding and then the | ||||||
5 | recordings must only be destroyed upon a final disposition and | ||||||
6 | an order from the court. Under no circumstances shall any | ||||||
7 | recording be altered or erased prior to the expiration of the | ||||||
8 | designated storage period. Upon completion of the storage | ||||||
9 | period, the recording medium may be erased and reissued for | ||||||
10 | operational use; | ||||||
11 | (i) Recording of a conversation made by or at the request | ||||||
12 | of a person, not a
law enforcement officer or agent of a law | ||||||
13 | enforcement officer, who is a party
to the conversation, under | ||||||
14 | reasonable suspicion that another party to the
conversation is | ||||||
15 | committing, is about to commit, or has committed a criminal
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16 | offense against the person or a member of his or her immediate | ||||||
17 | household, and
there is reason to believe that evidence of the | ||||||
18 | criminal offense may be
obtained by the recording; | ||||||
19 | (j) The use of a telephone monitoring device by either (1) | ||||||
20 | a
corporation or other business entity engaged in marketing or | ||||||
21 | opinion research
or (2) a corporation or other business entity | ||||||
22 | engaged in telephone
solicitation, as
defined in this | ||||||
23 | subsection, to record or listen to oral telephone solicitation
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24 | conversations or marketing or opinion research conversations | ||||||
25 | by an employee of
the corporation or other business entity | ||||||
26 | when: |
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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
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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 | ||||||
13 | aspect of the
communication or conversation made, acquired, or | ||||||
14 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
15 | be, directly or indirectly, furnished to any law
enforcement | ||||||
16 | officer, agency, or official for any purpose or used in any | ||||||
17 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
18 | any administrative,
judicial, or other proceeding, or divulged | ||||||
19 | to any third party. | ||||||
20 | When recording or listening authorized by this subsection | ||||||
21 | (j) on telephone
lines used for marketing or opinion research | ||||||
22 | or telephone solicitation purposes
results in recording or
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23 | listening to a conversation that does not relate to marketing | ||||||
24 | or opinion
research or telephone solicitation; the
person | ||||||
25 | recording or listening shall, immediately upon determining | ||||||
26 | that the
conversation does not relate to marketing or opinion |
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1 | research or telephone
solicitation, terminate the recording
or | ||||||
2 | listening and destroy any such recording as soon as is | ||||||
3 | practicable. | ||||||
4 | Business entities that use a telephone monitoring or | ||||||
5 | telephone recording
system pursuant to this exemption (j) shall | ||||||
6 | provide current and prospective
employees with notice that the | ||||||
7 | monitoring or recordings may occur during the
course of their | ||||||
8 | employment. The notice shall include prominent signage
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9 | notification within the workplace. | ||||||
10 | Business entities that use a telephone monitoring or | ||||||
11 | telephone recording
system pursuant to this exemption (j) shall | ||||||
12 | provide their employees or agents
with access to personal-only | ||||||
13 | telephone lines which may be pay telephones, that
are not | ||||||
14 | subject to telephone monitoring or telephone recording. | ||||||
15 | For the purposes of this subsection (j), "telephone | ||||||
16 | solicitation" means a
communication through the use of a | ||||||
17 | telephone 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 | ||||||
25 | opinion research"
means
a marketing or opinion research | ||||||
26 | interview conducted by a live telephone
interviewer engaged by |
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1 | a corporation or other business entity whose principal
business | ||||||
2 | is the design, conduct, and analysis of polls and surveys | ||||||
3 | measuring
the
opinions, attitudes, and responses of | ||||||
4 | respondents toward products and services,
or social or | ||||||
5 | political issues, or both; | ||||||
6 | (k) Electronic recordings, including but not limited to, a | ||||||
7 | motion picture,
videotape, digital, or other visual or audio | ||||||
8 | recording, made of a custodial
interrogation of an individual | ||||||
9 | at a police station or other place of detention
by a law | ||||||
10 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
11 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
12 | Procedure of 1963; | ||||||
13 | (l) Recording the interview or statement of any person when | ||||||
14 | the person
knows that the interview is being conducted by a law | ||||||
15 | enforcement officer or
prosecutor and the interview takes place | ||||||
16 | at a police station that is currently
participating in the | ||||||
17 | Custodial Interview Pilot Program established under the
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18 | Illinois Criminal Justice Information Act; | ||||||
19 | (m) An electronic recording, including but not limited to, | ||||||
20 | a motion picture,
videotape, digital, or other visual or audio | ||||||
21 | recording, made of the interior of a school bus while the | ||||||
22 | school bus is being used in the transportation of students to | ||||||
23 | and from school and school-sponsored activities, when the | ||||||
24 | school board has adopted a policy authorizing such recording, | ||||||
25 | notice of such recording policy is included in student | ||||||
26 | handbooks and other documents including the policies of the |
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1 | school, notice of the policy regarding recording is provided to | ||||||
2 | parents of students, and notice of such recording is clearly | ||||||
3 | posted on the door of and inside the school bus.
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4 | Recordings made pursuant to this subsection (m) shall be | ||||||
5 | confidential records and may only be used by school officials | ||||||
6 | (or their designees) and law enforcement personnel for | ||||||
7 | investigations, school disciplinary actions and hearings, | ||||||
8 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
9 | prosecutions, related to incidents occurring in or around the | ||||||
10 | school bus; | ||||||
11 | (n)
Recording or listening to an audio transmission from a | ||||||
12 | microphone placed by a person under the authority of a law | ||||||
13 | enforcement agency inside a bait car surveillance vehicle while | ||||||
14 | simultaneously capturing a photographic or video image; | ||||||
15 | (o) The use of an eavesdropping camera or audio device | ||||||
16 | during an ongoing hostage or barricade situation by a law | ||||||
17 | enforcement officer or individual acting on behalf of a law | ||||||
18 | enforcement officer when the use of such device is necessary to | ||||||
19 | protect the safety of the general public, hostages, or law | ||||||
20 | enforcement officers or anyone acting on their behalf; | ||||||
21 | (p) Recording or listening with the aid of any device to | ||||||
22 | incoming telephone calls of phone lines publicly listed or | ||||||
23 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
24 | where the notice of recording is given at the beginning of each | ||||||
25 | call as required by Section 34-21.8 of the School Code. The | ||||||
26 | recordings may be retained only by the Chicago Police |
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1 | Department or other law enforcement authorities, and shall not | ||||||
2 | be otherwise retained or disseminated; | ||||||
3 | (q)(1) With prior request to and written or verbal approval | ||||||
4 | of the State's Attorney of the county in which the conversation | ||||||
5 | is anticipated to occur, recording or listening with the aid of | ||||||
6 | an eavesdropping device to a conversation in which a law | ||||||
7 | enforcement officer, or any person acting at the direction of a | ||||||
8 | law enforcement officer, is a party to the conversation and has | ||||||
9 | consented to the conversation being intercepted or recorded in | ||||||
10 | the course of an investigation of a qualified offense. The | ||||||
11 | State's Attorney may grant this approval only after determining | ||||||
12 | that reasonable cause exists to believe that inculpatory | ||||||
13 | conversations concerning a qualified offense will occur with a | ||||||
14 | specified individual or individuals within a designated period | ||||||
15 | of time. | ||||||
16 | (2) Request for approval. To invoke the exception contained | ||||||
17 | in this subsection (q), a law enforcement officer shall make a | ||||||
18 | request for approval to the appropriate State's Attorney. The | ||||||
19 | request may be written or verbal; however, a written | ||||||
20 | memorialization of the request must be made by the State's | ||||||
21 | Attorney. This request for approval shall include whatever | ||||||
22 | information is deemed necessary by the State's Attorney but | ||||||
23 | shall include, at a minimum, the following information about | ||||||
24 | each specified individual whom the law enforcement officer | ||||||
25 | believes will commit a qualified offense: | ||||||
26 | (A) his or her full or partial name, nickname or alias; |
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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 | ||||||
9 | State'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 |
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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 | ||||||
6 | approval and the written approval by the State's Attorney may | ||||||
7 | be in any format, including via facsimile, email, or otherwise, | ||||||
8 | so long as it is capable of being filed with the circuit clerk. | ||||||
9 | (3.10) (Blank). Beginning March 1, 2015, each State's | ||||||
10 | Attorney shall annually submit a report to the General Assembly | ||||||
11 | disclosing: | ||||||
12 | (A) the number of requests for each qualified offense | ||||||
13 | for approval under this subsection; and | ||||||
14 | (B) the number of approvals for each qualified offense | ||||||
15 | given by the State's Attorney. | ||||||
16 | (4) Admissibility of evidence. No part of the contents of | ||||||
17 | any wire, electronic, or oral communication that has been | ||||||
18 | recorded or intercepted as a result of this exception may be | ||||||
19 | received in evidence in any trial, hearing, or other proceeding | ||||||
20 | in or before any court, grand jury, department, officer, | ||||||
21 | agency, regulatory body, legislative committee, or other | ||||||
22 | authority of this State, or a political subdivision of the | ||||||
23 | State, other than in a prosecution of: | ||||||
24 | (A) the qualified offense for which approval was given | ||||||
25 | to record or intercept a conversation under this subsection | ||||||
26 | (q); |
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1 | (B) a forcible felony committed directly in the course | ||||||
2 | of the investigation of the qualified offense for which | ||||||
3 | approval was given to record or intercept a conversation | ||||||
4 | under this subsection (q); or | ||||||
5 | (C) any other forcible felony committed while the | ||||||
6 | recording or interception was approved in accordance with | ||||||
7 | this subsection (q), but for this specific category of | ||||||
8 | prosecutions, only if the law enforcement officer or person | ||||||
9 | acting at the direction of a law enforcement officer who | ||||||
10 | has consented to the conversation being intercepted or | ||||||
11 | recorded suffers great bodily injury or is killed during | ||||||
12 | the commission of the charged forcible felony. | ||||||
13 | (5) Compliance with the provisions of this subsection is a | ||||||
14 | prerequisite to the admissibility in evidence of any part of | ||||||
15 | the contents of any wire, electronic or oral communication that | ||||||
16 | has been intercepted as a result of this exception, but nothing | ||||||
17 | in this subsection shall be deemed to prevent a court from | ||||||
18 | otherwise excluding the evidence on any other ground recognized | ||||||
19 | by State or federal law, nor shall anything in this subsection | ||||||
20 | be deemed to prevent a court from independently reviewing the | ||||||
21 | admissibility of the evidence for compliance with the Fourth | ||||||
22 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
23 | of the Illinois Constitution. | ||||||
24 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
25 | offenses. Whenever any private conversation or private | ||||||
26 | electronic communication has been recorded or intercepted as a |
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1 | result of this exception that is not related to an offense for | ||||||
2 | which the recording or intercept is admissible under paragraph | ||||||
3 | (4) of this subsection (q), no part of the contents of the | ||||||
4 | communication and evidence derived from the communication may | ||||||
5 | be received in evidence in any trial, hearing, or other | ||||||
6 | proceeding in or before any court, grand jury, department, | ||||||
7 | officer, agency, regulatory body, legislative committee, or | ||||||
8 | other authority of this State, or a political subdivision of | ||||||
9 | the State, nor may it be publicly disclosed in any way. | ||||||
10 | (6.5) The Department of State Police shall adopt rules as | ||||||
11 | are necessary concerning the use of devices, retention of | ||||||
12 | recordings, and reports regarding their use under this | ||||||
13 | subsection (q). | ||||||
14 | (7) Definitions. For the purposes of this subsection (q) | ||||||
15 | only: | ||||||
16 | "Forcible felony" includes and is limited to those | ||||||
17 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
18 | 1961 as of the effective date of this amendatory Act of the | ||||||
19 | 97th General Assembly, and only as those offenses have been | ||||||
20 | defined by law or judicial interpretation as of that date. | ||||||
21 | "Qualified offense" means and is limited to: | ||||||
22 | (A) a felony violation of the Cannabis Control Act, | ||||||
23 | the Illinois Controlled Substances Act, or the | ||||||
24 | Methamphetamine Control and Community Protection Act, | ||||||
25 | except for violations of: | ||||||
26 | (i) Section 4 of the Cannabis Control Act; |
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1 | (ii) Section 402 of the Illinois Controlled | ||||||
2 | Substances Act; and | ||||||
3 | (iii) Section 60 of the Methamphetamine | ||||||
4 | Control and Community Protection Act; and | ||||||
5 | (B) first degree murder, solicitation of murder | ||||||
6 | for hire, predatory criminal sexual assault of a child, | ||||||
7 | criminal sexual assault, aggravated criminal sexual | ||||||
8 | assault, aggravated arson, kidnapping, aggravated | ||||||
9 | kidnapping, child abduction, trafficking in persons, | ||||||
10 | involuntary servitude, involuntary sexual servitude of | ||||||
11 | a minor, or gunrunning. | ||||||
12 | "State's Attorney" includes and is limited to the | ||||||
13 | State's Attorney or an assistant State's Attorney | ||||||
14 | designated by the State's Attorney to provide verbal | ||||||
15 | approval to record or intercept conversations under this | ||||||
16 | subsection (q). | ||||||
17 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
18 | January 1, 2025 2020 . No conversations intercepted pursuant to | ||||||
19 | this subsection (q), while operative, shall be inadmissible in | ||||||
20 | a court of law by virtue of the inoperability of this | ||||||
21 | subsection (q) on January 1, 2025 2020 . | ||||||
22 | (9) Recordings, records, and custody. Any private | ||||||
23 | conversation or private electronic communication intercepted | ||||||
24 | by a law enforcement officer or a person acting at the | ||||||
25 | direction of law enforcement shall, if practicable, be recorded | ||||||
26 | in such a way as will protect the recording from editing or |
| |||||||
| |||||||
1 | other alteration. Any and all original recordings made under | ||||||
2 | this subsection (q) shall be inventoried without unnecessary | ||||||
3 | delay pursuant to the law enforcement agency's policies for | ||||||
4 | inventorying evidence. The original recordings shall not be | ||||||
5 | destroyed except upon an order of a court of competent | ||||||
6 | jurisdiction; and | ||||||
7 | (r) Electronic recordings, including but not limited to, | ||||||
8 | motion picture, videotape, digital, or other visual or audio | ||||||
9 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
10 | Criminal Procedure of 1963. | ||||||
11 | (Source: P.A. 100-572, eff. 12-29-17.)
| ||||||
12 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
13 | amended by changing Sections 108A-11 and 108B-13 as follows:
| ||||||
14 | (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
| ||||||
15 | Sec. 108A-11. Reports concerning use of eavesdropping | ||||||
16 | devices. | ||||||
17 | (a) On or before February 1 In January of each year , the | ||||||
18 | State's Attorney of each county in which
eavesdropping devices | ||||||
19 | were used pursuant to the provisions of this
Article shall | ||||||
20 | report to the Department of State Police the
following with | ||||||
21 | respect to each application for an order authorizing the
use of | ||||||
22 | an eavesdropping device, or an extension thereof, made during | ||||||
23 | the
preceding calendar year:
| ||||||
24 | (1) (blank) the fact that such an order, extension, or
|
| |||||||
| |||||||
1 | subsequent approval of an emergency was applied for ;
| ||||||
2 | (2) the kind of order and number of extensions or | ||||||
3 | extension applied for;
| ||||||
4 | (3) (blank) a statement as to whether the order or | ||||||
5 | extension
was granted as applied for was modified, or was | ||||||
6 | denied ;
| ||||||
7 | (4) (blank) the period authorized by the order or | ||||||
8 | extensions
in which an eavesdropping device could be used ;
| ||||||
9 | (5) the felony specified in the order extension or | ||||||
10 | denied application;
| ||||||
11 | (6) the identity of the applying investigative or
law | ||||||
12 | enforcement officer and agency making the application
and | ||||||
13 | the State's Attorney authorizing the application; and
| ||||||
14 | (7) the nature of the facilities from which or the | ||||||
15 | place where
the eavesdropping device was to be used.
| ||||||
16 | (b) Such report shall also include the following:
| ||||||
17 | (1) a general description of the uses of eavesdropping
| ||||||
18 | devices actually made under such order to
overheard or | ||||||
19 | record conversations, including: (a)
the approximate | ||||||
20 | number nature and frequency of incriminating
conversations | ||||||
21 | overheard, and (b) the approximate total number nature
and | ||||||
22 | frequency of other conversations overheard , (c)
the | ||||||
23 | approximate number of persons whose conversations
were | ||||||
24 | overheard, and (d) the approximate nature, amount,
and cost | ||||||
25 | of the manpower and other resources used
pursuant to the | ||||||
26 | authorization to use an eavesdropping device ;
|
| |||||||
| |||||||
1 | (2) the number of arrests resulting from authorized
| ||||||
2 | uses of eavesdropping devices and the offenses for
which | ||||||
3 | arrests were made;
| ||||||
4 | (3) (blank) the number of trials resulting from such | ||||||
5 | uses
of eavesdropping devices ;
| ||||||
6 | (4) (blank) the number of motions to suppress made with
| ||||||
7 | respect to such uses, and the number granted or denied ; and
| ||||||
8 | (5) the number of convictions resulting from such
uses | ||||||
9 | and the offenses for which the convictions were obtained
| ||||||
10 | and a general assessment of the importance of the | ||||||
11 | convictions.
| ||||||
12 | (c) On or before April 1 In April of each year, the | ||||||
13 | Department of State Police
shall transmit to the General | ||||||
14 | Assembly
a report including information on the number of
| ||||||
15 | applications for orders authorizing the use of eavesdropping
| ||||||
16 | devices, the number of orders and extensions granted or denied
| ||||||
17 | during the preceding calendar year, and the convictions arising
| ||||||
18 | out of such uses. The report shall also include the information | ||||||
19 | reported under subsection (d).
| ||||||
20 | The requirement for reporting to the General Assembly shall | ||||||
21 | be satisfied
by filing copies of the report as required by | ||||||
22 | Section 3.1 of the General Assembly Organization Act, and
| ||||||
23 | filing such additional copies with the State Government Report | ||||||
24 | Distribution
Center for the General Assembly as is required | ||||||
25 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
26 | (d) On or before February 1 of each year, each State's |
| |||||||
| |||||||
1 | Attorney shall submit a report to the Department of State | ||||||
2 | Police disclosing: | ||||||
3 | (1) the number of requests for each qualified offense | ||||||
4 | for approval under subsection (q) of Section 14-3 of the | ||||||
5 | Criminal Code of 2012; and | ||||||
6 | (2) the number of approvals for each qualified offense | ||||||
7 | under subsection (q) of Section 14-3 of the Criminal Code of | ||||||
8 | 2012 given by the State's Attorney. | ||||||
9 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
10 | (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
| ||||||
11 | Sec. 108B-13. Reports concerning use of eavesdropping | ||||||
12 | devices.
| ||||||
13 | (a) Within 30 days after the expiration of an order and | ||||||
14 | each extension
thereof
authorizing an interception, or within | ||||||
15 | 30 days after the denial of an
application or disapproval of an | ||||||
16 | application subsequent to any alleged
emergency situation, the | ||||||
17 | State's Attorney shall report to the Department of
State Police | ||||||
18 | the following:
| ||||||
19 | (1) (blank) the fact that such an order, extension, or | ||||||
20 | subsequent approval of an
emergency was applied for ;
| ||||||
21 | (2) the kind of order and number of extensions or | ||||||
22 | extension applied for;
| ||||||
23 | (3) (blank) a statement as to whether the order or | ||||||
24 | extension was granted as
applied for was modified, or was | ||||||
25 | denied ;
|
| |||||||
| |||||||
1 | (4) (blank) the period authorized by the order or | ||||||
2 | extensions in which an
eavesdropping device could be used ;
| ||||||
3 | (5) the offense enumerated in Section 108B-3 which is | ||||||
4 | specified in the
order or extension or in the denied | ||||||
5 | application;
| ||||||
6 | (6) the identity of the applying electronic criminal | ||||||
7 | surveillance
officer and agency making the application and | ||||||
8 | the State's Attorney
authorizing the application; and
| ||||||
9 | (7) the nature of the facilities from which or the | ||||||
10 | place where the
eavesdropping device was to be used.
| ||||||
11 | (b) On or before February 1 In January of each year , the | ||||||
12 | State's Attorney of each county in which
an interception | ||||||
13 | occurred pursuant to the provisions of this Article shall
| ||||||
14 | report to the Department of State Police the following:
| ||||||
15 | (1) a general description of the uses of eavesdropping | ||||||
16 | devices actually
made under such order to overhear or | ||||||
17 | record conversations, including: (a)
the approximate | ||||||
18 | number nature and frequency of incriminating conversations
| ||||||
19 | overheard, and (b) the approximate total number nature and | ||||||
20 | frequency of other conversations
overheard , (c) the | ||||||
21 | approximate number of persons whose conversations were
| ||||||
22 | overheard, and (d) the approximate nature, amount, and cost | ||||||
23 | of the manpower
and other resources used pursuant to the | ||||||
24 | authorization to use an
eavesdropping device ;
| ||||||
25 | (2) the number of arrests resulting from authorized | ||||||
26 | uses of
eavesdropping devices and the offenses for which |
| |||||||
| |||||||
1 | arrests were made;
| ||||||
2 | (3) (blank) the number of trials resulting from such | ||||||
3 | uses of eavesdropping devices ;
| ||||||
4 | (4) (blank) the number of motions to suppress made with | ||||||
5 | respect to such uses,
and the number granted or denied ; and
| ||||||
6 | (5) the number of convictions resulting from such uses | ||||||
7 | and the offenses for
which the convictions were obtained | ||||||
8 | and a general assessment of the
importance of the | ||||||
9 | convictions.
| ||||||
10 | On or before April March 1 of each year, the Director of | ||||||
11 | the Department of
State Police shall submit to the Governor a | ||||||
12 | report of all intercepts as
defined herein conducted pursuant | ||||||
13 | to this Article and terminated during the
preceding calendar | ||||||
14 | year. Such report shall include:
| ||||||
15 | (1) the reports of State's Attorneys forwarded to the
| ||||||
16 | Director as required in this Section;
| ||||||
17 | (2) the number of Department personnel authorized to | ||||||
18 | possess, install,
or operate electronic, mechanical, or | ||||||
19 | other devices;
| ||||||
20 | (3) the number of Department and other law enforcement | ||||||
21 | personnel who
participated or engaged in the seizure of | ||||||
22 | intercepts pursuant to this
Article during the preceding | ||||||
23 | calendar year;
| ||||||
24 | (4) the number of electronic criminal surveillance | ||||||
25 | officers trained by
the Department;
| ||||||
26 | (5) the total cost to the Department of all activities |
| |||||||
| |||||||
1 | and procedures
relating to the seizure of intercepts during | ||||||
2 | the preceding calendar year,
including costs of equipment, | ||||||
3 | manpower, and expenses incurred as
compensation for use of | ||||||
4 | facilities or technical assistance provided to or
by the | ||||||
5 | Department; and
| ||||||
6 | (6) a summary of the use of eavesdropping devices | ||||||
7 | pursuant to orders of
interception including (a) the | ||||||
8 | frequency of use in each county, (b) the
frequency of use | ||||||
9 | for each crime enumerated in Section 108B-3 of the Code of
| ||||||
10 | Criminal Procedure of 1963, as amended, (c) the type and | ||||||
11 | frequency of
eavesdropping device use, and (d) the | ||||||
12 | frequency of use by each police
department or law | ||||||
13 | enforcement agency of this State.
| ||||||
14 | (d) On or before April 1 In April of each year, the | ||||||
15 | Director of the Department of State
Police and the Governor | ||||||
16 | shall each transmit to the General
Assembly reports including | ||||||
17 | information on the number of applications for
orders | ||||||
18 | authorizing the use of eavesdropping devices, the number of | ||||||
19 | orders
and extensions granted or denied during the preceding | ||||||
20 | calendar year, the
convictions arising out of such uses, and a | ||||||
21 | summary of the information
required by subsections (a) and (b) | ||||||
22 | of this Section.
| ||||||
23 | The requirement for reporting to the General Assembly shall | ||||||
24 | be satisfied
by filing copies of the report as
required by | ||||||
25 | Section 3.1 of the General Assembly Organization Act, and | ||||||
26 | filing
such
additional copies with the State Government Report |
| |||||||
| |||||||
1 | Distribution Center for
the General Assembly as is required | ||||||
2 | under paragraph (t) of Section 7 of the
State Library Act.
| ||||||
3 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|