97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2018

 

Introduced , by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/14-3

    Amends the Criminal Code of 1961. Exempts, from the Eavesdropping Article of the Code, recording of an oral conversation between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer while an occupant of a vehicle other than a police vehicle, provided that the peace officer has knowledge that a recording is being made.


LRB097 05206 RLC 50918 b

 

 

A BILL FOR

 

HB2018LRB097 05206 RLC 50918 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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 and television
10communications of any sort where the same are publicly made;
11    (b) Hearing conversation when heard by employees of any
12common carrier by wire incidental to the normal course of their
13employment in the operation, maintenance or repair of the
14equipment of such common carrier by wire so long as no
15information obtained thereby is used or divulged by the hearer;
16    (c) Any broadcast by radio, television or otherwise whether
17it be a broadcast or recorded for the purpose of later
18broadcasts of any function where the public is in attendance
19and the conversations are overheard incidental to the main
20purpose for which such broadcasts are then being made;
21    (d) Recording or listening with the aid of any device to
22any emergency communication made in the normal course of
23operations by any federal, state or local law enforcement

 

 

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1agency or institutions dealing in emergency services,
2including, but not limited to, hospitals, clinics, ambulance
3services, fire fighting agencies, any public utility,
4emergency repair facility, civilian defense establishment or
5military installation;
6    (e) Recording the proceedings of any meeting required to be
7open by the Open Meetings Act, as amended;
8    (f) Recording or listening with the aid of any device to
9incoming telephone calls of phone lines publicly listed or
10advertised as consumer "hotlines" by manufacturers or
11retailers of food and drug products. Such recordings must be
12destroyed, erased or turned over to local law enforcement
13authorities within 24 hours from the time of such recording and
14shall not be otherwise disseminated. Failure on the part of the
15individual or business operating any such recording or
16listening device to comply with the requirements of this
17subsection shall eliminate any civil or criminal immunity
18conferred upon that individual or business by the operation of
19this Section;
20    (g) With prior notification to the State's Attorney of the
21county in which it is to occur, recording or listening with the
22aid of any device to any conversation where a law enforcement
23officer, or any person acting at the direction of law
24enforcement, is a party to the conversation and has consented
25to it being intercepted or recorded under circumstances where
26the use of the device is necessary for the protection of the

 

 

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1law enforcement officer or any person acting at the direction
2of law enforcement, in the course of an investigation of a
3forcible felony, a felony offense of involuntary servitude,
4involuntary sexual servitude of a minor, or trafficking in
5persons for forced labor or services under Section 10-9 of this
6Code, an offense involving prostitution, solicitation of a
7sexual act, or pandering, a felony violation of the Illinois
8Controlled Substances Act, a felony violation of the Cannabis
9Control Act, a felony violation of the Methamphetamine Control
10and Community Protection Act, any "streetgang related" or
11"gang-related" felony as those terms are defined in the
12Illinois Streetgang Terrorism Omnibus Prevention Act, or any
13felony offense involving any weapon listed in paragraphs (1)
14through (11) of subsection (a) of Section 24-1 of this Code.
15Any recording or evidence derived as the result of this
16exemption shall be inadmissible in any proceeding, criminal,
17civil or administrative, except (i) where a party to the
18conversation suffers great bodily injury or is killed during
19such conversation, or (ii) when used as direct impeachment of a
20witness concerning matters contained in the interception or
21recording. The Director of the Department of State Police shall
22issue regulations as are necessary concerning the use of
23devices, retention of tape recordings, and reports regarding
24their use;
25    (g-5) With approval of the State's Attorney of the county
26in which it is to occur, recording or listening with the aid of

 

 

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1any device to any conversation where a law enforcement officer,
2or any person acting at the direction of law enforcement, is a
3party to the conversation and has consented to it being
4intercepted or recorded in the course of an investigation of
5any offense defined in Article 29D of this Code. In all such
6cases, an application for an order approving the previous or
7continuing use of an eavesdropping device must be made within
848 hours of the commencement of such use. In the absence of
9such an order, or upon its denial, any continuing use shall
10immediately terminate. The Director of State Police shall issue
11rules as are necessary concerning the use of devices, retention
12of tape recordings, and reports regarding their use.
13    Any recording or evidence obtained or derived in the course
14of an investigation of any offense defined in Article 29D of
15this Code shall, upon motion of the State's Attorney or
16Attorney General prosecuting any violation of Article 29D, be
17reviewed in camera with notice to all parties present by the
18court presiding over the criminal case, and, if ruled by the
19court to be relevant and otherwise admissible, it shall be
20admissible at the trial of the criminal case.
21    This subsection (g-5) is inoperative on and after January
221, 2005. No conversations recorded or monitored pursuant to
23this subsection (g-5) shall be inadmissible in a court of law
24by virtue of the repeal of this subsection (g-5) on January 1,
252005;
26    (g-6) With approval of the State's Attorney of the county

 

 

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1in which it is to occur, recording or listening with the aid of
2any device to any conversation where a law enforcement officer,
3or any person acting at the direction of law enforcement, is a
4party to the conversation and has consented to it being
5intercepted or recorded in the course of an investigation of
6involuntary servitude, involuntary sexual servitude of a
7minor, trafficking in persons for forced labor or services,
8child pornography, aggravated child pornography, indecent
9solicitation of a child, child abduction, luring of a minor,
10sexual exploitation of a child, predatory criminal sexual
11assault of a child, aggravated criminal sexual abuse in which
12the victim of the offense was at the time of the commission of
13the offense under 18 years of age, criminal sexual abuse by
14force or threat of force in which the victim of the offense was
15at the time of the commission of the offense under 18 years of
16age, or aggravated criminal sexual assault in which the victim
17of the offense was at the time of the commission of the offense
18under 18 years of age. In all such cases, an application for an
19order approving the previous or continuing use of an
20eavesdropping device must be made within 48 hours of the
21commencement of such use. In the absence of such an order, or
22upon its denial, any continuing use shall immediately
23terminate. The Director of State Police shall issue rules as
24are necessary concerning the use of devices, retention of
25recordings, and reports regarding their use. Any recording or
26evidence obtained or derived in the course of an investigation

 

 

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1of involuntary servitude, involuntary sexual servitude of a
2minor, trafficking in persons for forced labor or services,
3child pornography, aggravated child pornography, indecent
4solicitation of a child, child abduction, luring of a minor,
5sexual exploitation of a child, predatory criminal sexual
6assault of a child, aggravated criminal sexual abuse in which
7the victim of the offense was at the time of the commission of
8the offense under 18 years of age, criminal sexual abuse by
9force or threat of force in which the victim of the offense was
10at the time of the commission of the offense under 18 years of
11age, or aggravated criminal sexual assault in which the victim
12of the offense was at the time of the commission of the offense
13under 18 years of age shall, upon motion of the State's
14Attorney or Attorney General prosecuting any case involving
15involuntary servitude, involuntary sexual servitude of a
16minor, trafficking in persons for forced labor or services,
17child pornography, aggravated child pornography, indecent
18solicitation of a child, child abduction, luring of a minor,
19sexual exploitation of a child, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse in which
21the victim of the offense was at the time of the commission of
22the offense under 18 years of age, criminal sexual abuse by
23force or threat of force in which the victim of the offense was
24at the time of the commission of the offense under 18 years of
25age, or aggravated criminal sexual assault in which the victim
26of the offense was at the time of the commission of the offense

 

 

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1under 18 years of age, be reviewed in camera with notice to all
2parties present by the court presiding over the criminal case,
3and, if ruled by the court to be relevant and otherwise
4admissible, it shall be admissible at the trial of the criminal
5case. Absent such a ruling, any such recording or evidence
6shall not be admissible at the trial of the criminal case;
7    (h) Recordings made simultaneously with the use of an
8in-car video camera recording of an oral conversation between a
9uniformed peace officer, who has identified his or her office,
10and a person in the presence of the peace officer whenever (i)
11an officer assigned a patrol vehicle is conducting an
12enforcement stop; or (ii) patrol vehicle emergency lights are
13activated or would otherwise be activated if not for the need
14to conceal the presence of law enforcement.
15    For the purposes of this subsection (h), "enforcement stop"
16means an action by a law enforcement officer in relation to
17enforcement and investigation duties, including but not
18limited to, traffic stops, pedestrian stops, abandoned vehicle
19contacts, motorist assists, commercial motor vehicle stops,
20roadside safety checks, requests for identification, or
21responses to requests for emergency assistance;
22    (h-5) Recordings of utterances made by a person while in
23the presence of a uniformed peace officer and while an occupant
24of a police vehicle including, but not limited to, (i)
25recordings made simultaneously with the use of an in-car video
26camera and (ii) recordings made in the presence of the peace

 

 

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1officer utilizing video or audio systems, or both, authorized
2by the law enforcement agency;
3    (h-10) Recordings made simultaneously with a video camera
4recording during the use of a taser or similar weapon or device
5by a peace officer if the weapon or device is equipped with
6such camera;
7    (h-15) Recordings made under subsection (h), (h-5), or
8(h-10) shall be retained by the law enforcement agency that
9employs the peace officer who made the recordings for a storage
10period of 90 days, unless the recordings are made as a part of
11an arrest or the recordings are deemed evidence in any
12criminal, civil, or administrative proceeding and then the
13recordings must only be destroyed upon a final disposition and
14an order from the court. Under no circumstances shall any
15recording be altered or erased prior to the expiration of the
16designated storage period. Upon completion of the storage
17period, the recording medium may be erased and reissued for
18operational use;
19    (h-20) Recording of an oral conversation between a
20uniformed peace officer, who has identified his or her office,
21and a person in the presence of the peace officer while an
22occupant of a vehicle other than a police vehicle, provided
23that the peace officer has knowledge that a recording is being
24made;
25    (i) Recording of a conversation made by or at the request
26of a person, not a law enforcement officer or agent of a law

 

 

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1enforcement officer, who is a party to the conversation, under
2reasonable suspicion that another party to the conversation is
3committing, is about to commit, or has committed a criminal
4offense against the person or a member of his or her immediate
5household, and there is reason to believe that evidence of the
6criminal offense may be obtained by the recording;
7    (j) The use of a telephone monitoring device by either (1)
8a corporation or other business entity engaged in marketing or
9opinion research or (2) a corporation or other business entity
10engaged in telephone solicitation, as defined in this
11subsection, to record or listen to oral telephone solicitation
12conversations or marketing or opinion research conversations
13by an employee of the corporation or other business entity
14when:
15        (i) the monitoring is used for the purpose of service
16    quality control of marketing or opinion research or
17    telephone solicitation, the education or training of
18    employees or contractors engaged in marketing or opinion
19    research or telephone solicitation, or internal research
20    related to marketing or opinion research or telephone
21    solicitation; and
22        (ii) the monitoring is used with the consent of at
23    least one person who is an active party to the marketing or
24    opinion research conversation or telephone solicitation
25    conversation being monitored.
26    No communication or conversation or any part, portion, or

 

 

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1aspect of the communication or conversation made, acquired, or
2obtained, directly or indirectly, under this exemption (j), may
3be, directly or indirectly, furnished to any law enforcement
4officer, agency, or official for any purpose or used in any
5inquiry or investigation, or used, directly or indirectly, in
6any administrative, judicial, or other proceeding, or divulged
7to any third party.
8    When recording or listening authorized by this subsection
9(j) on telephone lines used for marketing or opinion research
10or telephone solicitation purposes results in recording or
11listening to a conversation that does not relate to marketing
12or opinion research or telephone solicitation; the person
13recording or listening shall, immediately upon determining
14that the conversation does not relate to marketing or opinion
15research or telephone solicitation, terminate the recording or
16listening and destroy any such recording as soon as is
17practicable.
18    Business entities that use a telephone monitoring or
19telephone recording system pursuant to this exemption (j) shall
20provide current and prospective employees with notice that the
21monitoring or recordings may occur during the course of their
22employment. The notice shall include prominent signage
23notification within the workplace.
24    Business entities that use a telephone monitoring or
25telephone recording system pursuant to this exemption (j) shall
26provide their employees or agents with access to personal-only

 

 

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1telephone lines which may be pay telephones, that are not
2subject to telephone monitoring or telephone recording.
3    For the purposes of this subsection (j), "telephone
4solicitation" means a communication through the use of a
5telephone by live operators:
6        (i) soliciting the sale of goods or services;
7        (ii) receiving orders for the sale of goods or
8    services;
9        (iii) assisting in the use of goods or services; or
10        (iv) engaging in the solicitation, administration, or
11    collection of bank or retail credit accounts.
12    For the purposes of this subsection (j), "marketing or
13opinion research" means a marketing or opinion research
14interview conducted by a live telephone interviewer engaged by
15a corporation or other business entity whose principal business
16is the design, conduct, and analysis of polls and surveys
17measuring the opinions, attitudes, and responses of
18respondents toward products and services, or social or
19political issues, or both;
20    (k) Electronic recordings, including but not limited to, a
21motion picture, videotape, digital, or other visual or audio
22recording, made of a custodial interrogation of an individual
23at a police station or other place of detention by a law
24enforcement officer under Section 5-401.5 of the Juvenile Court
25Act of 1987 or Section 103-2.1 of the Code of Criminal
26Procedure of 1963;

 

 

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1    (l) Recording the interview or statement of any person when
2the person knows that the interview is being conducted by a law
3enforcement officer or prosecutor and the interview takes place
4at a police station that is currently participating in the
5Custodial Interview Pilot Program established under the
6Illinois Criminal Justice Information Act;
7    (m) An electronic recording, including but not limited to,
8a motion picture, videotape, digital, or other visual or audio
9recording, made of the interior of a school bus while the
10school bus is being used in the transportation of students to
11and from school and school-sponsored activities, when the
12school board has adopted a policy authorizing such recording,
13notice of such recording policy is included in student
14handbooks and other documents including the policies of the
15school, notice of the policy regarding recording is provided to
16parents of students, and notice of such recording is clearly
17posted on the door of and inside the school bus.
18    Recordings made pursuant to this subsection (m) shall be
19confidential records and may only be used by school officials
20(or their designees) and law enforcement personnel for
21investigations, school disciplinary actions and hearings,
22proceedings under the Juvenile Court Act of 1987, and criminal
23prosecutions, related to incidents occurring in or around the
24school bus;
25    (n) Recording or listening to an audio transmission from a
26microphone placed by a person under the authority of a law

 

 

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1enforcement agency inside a bait car surveillance vehicle while
2simultaneously capturing a photographic or video image;
3    (o) The use of an eavesdropping camera or audio device
4during an ongoing hostage or barricade situation by a law
5enforcement officer or individual acting on behalf of a law
6enforcement officer when the use of such device is necessary to
7protect the safety of the general public, hostages, or law
8enforcement officers or anyone acting on their behalf; and
9    (p) Recording or listening with the aid of any device to
10incoming telephone calls of phone lines publicly listed or
11advertised as the "CPS Violence Prevention Hotline,", but only
12where the notice of recording is given at the beginning of each
13call as required by Section 34-21.8 of the School Code. The
14recordings may be retained only by the Chicago Police
15Department or other law enforcement authorities, and shall not
16be otherwise retained or disseminated.
17(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
1895-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
198-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
208-25-09; 96-1000, eff. 7-2-10; 96-1425, eff. 1-1-11; 96-1464,
21eff. 8-20-10; revised 9-16-10.)