Sen. Michael Noland
Filed: 2/28/2013
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1 | AMENDMENT TO SENATE BILL 1275
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2 | AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Police Act is amended by changing | ||||||
5 | Section 14 as follows:
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6 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
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7 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
8 | Department of
State Police officer shall be removed, demoted or | ||||||
9 | suspended except for
cause, upon written charges filed with the | ||||||
10 | Board by the Director and a hearing
before the Board thereon | ||||||
11 | upon not less than 10 days' notice at a place to
be designated | ||||||
12 | by the chairman thereof. At such hearing, the accused shall
be | ||||||
13 | afforded full opportunity to be heard in his or her own defense | ||||||
14 | and
to produce proof in his or her defense. Anyone filing a | ||||||
15 | complaint against a State Police Officer must have the | ||||||
16 | complaint supported by a sworn affidavit.
Any such complaint, |
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1 | having been supported by a sworn affidavit, and having been | ||||||
2 | found, in total or in part, to contain false information, shall | ||||||
3 | be presented to the appropriate State's Attorney for a | ||||||
4 | determination of prosecution. If a recorded conversation | ||||||
5 | authorized under subsection (r) of Section 14-3 of the Criminal | ||||||
6 | Code of 2012 is used by the complainant as part of the evidence | ||||||
7 | of misconduct against the officer and is found to have been | ||||||
8 | intentionally altered by or at the direction of the complainant | ||||||
9 | to inaccurately reflect the incident at issue, it must be | ||||||
10 | presented to the appropriate State's Attorney for a | ||||||
11 | determination of prosecution.
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12 | Before any such officer may be interrogated or examined by | ||||||
13 | or before the
Board, or by a departmental agent or investigator | ||||||
14 | specifically assigned
to conduct an internal investigation, | ||||||
15 | the results of which hearing,
interrogation
or examination may | ||||||
16 | be the basis for filing charges seeking his or her
suspension | ||||||
17 | for more than 15 days or his or her removal or discharge,
he or | ||||||
18 | she shall be advised in writing as to what specific improper or
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19 | illegal act he or she is alleged to have committed; he or she | ||||||
20 | shall
be advised in writing that his or her admissions made in | ||||||
21 | the course
of the hearing, interrogation or examination may be | ||||||
22 | used as the basis for
charges seeking his or her suspension, | ||||||
23 | removal or discharge; and he
or she shall be advised in writing | ||||||
24 | that he or she has a right to
counsel of his or her choosing, | ||||||
25 | who may be present to advise him or
her at any hearing, | ||||||
26 | interrogation or examination. A complete record of
any hearing, |
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1 | interrogation or examination shall be made, and a complete
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2 | transcript or electronic recording thereof shall be made | ||||||
3 | available to such
officer without charge and without delay.
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4 | The Board shall have the power to secure by its subpoena
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5 | both the attendance and testimony of witnesses and the | ||||||
6 | production of books
and papers in support of the charges and | ||||||
7 | for the defense. Each member of
the Board or a designated | ||||||
8 | hearing officer shall have the power to administer
oaths or | ||||||
9 | affirmations. If the charges against an accused are established
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10 | by a preponderance of evidence, the Board shall make a finding | ||||||
11 | of guilty
and order either removal, demotion, suspension for a | ||||||
12 | period of not more
than 180 days, or such other disciplinary | ||||||
13 | punishment as may be prescribed
by the rules and regulations of | ||||||
14 | the Board which, in the opinion of the members
thereof, the | ||||||
15 | offense merits. Thereupon the
Director shall direct such | ||||||
16 | removal or other punishment as ordered by the
Board and if the | ||||||
17 | accused refuses to abide by any such disciplinary
order, the | ||||||
18 | Director shall remove him or her forthwith.
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19 | If the accused is found not guilty or has served a period | ||||||
20 | of suspension
greater than prescribed by the Board, the Board | ||||||
21 | shall order that the officer receive compensation for the | ||||||
22 | period involved.
The award of compensation shall include | ||||||
23 | interest at the rate of 7% per
annum.
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24 | The Board may include in its order appropriate sanctions | ||||||
25 | based upon the
Board's rules and regulations. If the Board | ||||||
26 | finds that a party has made
allegations or denials without |
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1 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
2 | purpose of delay or needless increase in the cost of
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3 | litigation, it may order that party to pay the other party's | ||||||
4 | reasonable
expenses, including costs and reasonable attorney's | ||||||
5 | fees. The State of
Illinois and the Department shall be subject | ||||||
6 | to these sanctions in the same
manner as other parties.
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7 | In case of the neglect or refusal of any person to obey a | ||||||
8 | subpoena issued
by the Board, any circuit court, upon | ||||||
9 | application
of any member of the Board, may order such person | ||||||
10 | to appear before the Board
and give testimony or produce | ||||||
11 | evidence, and any failure to obey such order
is punishable by | ||||||
12 | the court as a contempt thereof.
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13 | The provisions of the Administrative Review Law, and all | ||||||
14 | amendments and
modifications thereof, and the rules adopted | ||||||
15 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
16 | the judicial review of any order of the
Board rendered pursuant | ||||||
17 | to the provisions of this Section.
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18 | Notwithstanding the provisions of this Section, a policy | ||||||
19 | making
officer, as defined in the Employee Rights Violation | ||||||
20 | Act, of the Department
of State Police shall be discharged from | ||||||
21 | the Department of State Police as
provided in the Employee | ||||||
22 | Rights Violation Act, enacted by the 85th General
Assembly.
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23 | (Source: P.A. 96-891, eff. 5-10-10.)
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24 | Section 10. The Uniform Peace Officers' Disciplinary Act is | ||||||
25 | amended by changing Section 3.8 as follows:
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1 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
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2 | Sec. 3.8. Admissions; counsel; verified complaint.
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3 | (a) No officer shall be interrogated without first being | ||||||
4 | advised
in writing that admissions made in the course of the | ||||||
5 | interrogation may be
used as evidence of misconduct or as the | ||||||
6 | basis for charges seeking suspension,
removal, or discharge; | ||||||
7 | and without first being advised in writing that he
or she has | ||||||
8 | the right to counsel of his or her choosing who may be present
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9 | to advise him or her at any stage of any interrogation.
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10 | (b) Anyone filing a complaint against a sworn peace officer | ||||||
11 | must have the
complaint supported by a sworn affidavit. Any | ||||||
12 | complaint, having been supported by a sworn affidavit, and | ||||||
13 | having been found, in total or in part, to contain knowingly | ||||||
14 | false material information, shall be presented to the | ||||||
15 | appropriate State's Attorney for a determination of | ||||||
16 | prosecution. If a recorded conversation authorized under | ||||||
17 | subsection (r) of Section 14-3 of the Criminal Code of 2012 is | ||||||
18 | used by the complainant as part of the evidence of misconduct | ||||||
19 | against the officer and is found to have been intentionally | ||||||
20 | altered by or at the direction of the complainant to | ||||||
21 | inaccurately reflect the incident at issue, it must be | ||||||
22 | presented to the appropriate State's Attorney for a | ||||||
23 | determination of prosecution.
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24 | (Source: P.A. 97-472, eff. 8-22-11.)
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1 | Section 15. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 14-3 as follows: | ||||||
3 | (720 ILCS 5/14-3) | ||||||
4 | Sec. 14-3. Exemptions. The following activities shall be
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5 | exempt from the provisions of this Article: | ||||||
6 | (a) Listening to radio, wireless and television | ||||||
7 | communications of
any sort where the same are publicly made; | ||||||
8 | (b) Hearing conversation when heard by employees of any | ||||||
9 | common
carrier by wire incidental to the normal course of their | ||||||
10 | employment in
the operation, maintenance or repair of the | ||||||
11 | equipment of such common
carrier by wire so long as no | ||||||
12 | information obtained thereby is used or
divulged by the hearer; | ||||||
13 | (c) Any broadcast by radio, television or otherwise whether | ||||||
14 | it be a
broadcast or recorded for the purpose of later | ||||||
15 | broadcasts of any
function where the public is in attendance | ||||||
16 | and the conversations are
overheard incidental to the main | ||||||
17 | purpose for which such broadcasts are
then being made; | ||||||
18 | (d) Recording or listening with the aid of any device to | ||||||
19 | any
emergency communication made in the normal course of | ||||||
20 | operations by any
federal, state or local law enforcement | ||||||
21 | agency or institutions dealing
in emergency services, | ||||||
22 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
23 | services, fire fighting agencies, any public utility,
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24 | emergency repair facility, civilian defense establishment or | ||||||
25 | military
installation; |
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1 | (e) Recording the proceedings of any meeting required to be | ||||||
2 | open by
the Open Meetings Act, as amended; | ||||||
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 and
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9 | shall not be otherwise disseminated. Failure on the part of the | ||||||
10 | 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 of
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14 | this Section; | ||||||
15 | (g) With prior notification to the State's Attorney of the
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16 | county in which
it is to occur, recording or listening with the | ||||||
17 | aid of any device to any
conversation
where a law enforcement | ||||||
18 | officer, or any person acting at the direction of law
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19 | enforcement, is a party to the conversation and has consented | ||||||
20 | to it being
intercepted or recorded under circumstances where | ||||||
21 | the use of the device is
necessary for the protection of the | ||||||
22 | law enforcement officer or any person
acting at the direction | ||||||
23 | of law enforcement, in the course of an
investigation
of a | ||||||
24 | forcible felony, a felony offense of involuntary servitude, | ||||||
25 | involuntary sexual servitude of a minor, or trafficking in | ||||||
26 | persons under Section 10-9 of this Code, an offense involving |
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1 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
2 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
3 | felony violation of the Cannabis Control Act, a felony | ||||||
4 | violation of the Methamphetamine Control and Community | ||||||
5 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
6 | felony as those terms are defined in the Illinois
Streetgang | ||||||
7 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
8 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
9 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
10 | evidence derived
as the
result of this exemption shall be | ||||||
11 | inadmissible in any proceeding, criminal,
civil or
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12 | administrative, except (i) where a party to the conversation | ||||||
13 | suffers great
bodily injury or is killed during such | ||||||
14 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
15 | witness concerning matters contained in
the interception or | ||||||
16 | recording. The Director of the
Department of
State Police shall | ||||||
17 | issue regulations as are necessary concerning the use of
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18 | devices, retention of tape recordings, and reports regarding | ||||||
19 | their
use; | ||||||
20 | (g-5) With approval of the State's Attorney of the county | ||||||
21 | in
which it is to occur, recording or listening with the aid of | ||||||
22 | any device to any
conversation where a law enforcement officer, | ||||||
23 | or any person acting at the
direction of law enforcement, is a | ||||||
24 | party to the conversation and has consented
to it being | ||||||
25 | intercepted or recorded in the course of an investigation of | ||||||
26 | any
offense defined in Article 29D of this Code.
In all such |
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1 | cases, an application for an order approving
the previous or | ||||||
2 | continuing use of an eavesdropping
device must be made within | ||||||
3 | 48 hours of the commencement of
such use. In the absence of | ||||||
4 | such an order, or upon its denial,
any continuing use shall | ||||||
5 | immediately terminate.
The Director of
State Police shall issue | ||||||
6 | rules as are necessary concerning the use of
devices, retention | ||||||
7 | of tape recordings, and reports regarding their use. | ||||||
8 | Any recording or evidence obtained or derived in the course | ||||||
9 | of an
investigation of any offense defined in Article 29D of | ||||||
10 | this Code shall, upon
motion of the State's Attorney or | ||||||
11 | Attorney General prosecuting any violation of
Article 29D, be | ||||||
12 | reviewed in camera with notice to all parties present by the
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13 | court presiding over the criminal
case, and, if ruled by the | ||||||
14 | court to be relevant and otherwise admissible,
it shall be | ||||||
15 | admissible at the trial of the criminal
case. | ||||||
16 | This subsection (g-5) is inoperative on and after January | ||||||
17 | 1, 2005.
No conversations recorded or monitored pursuant to | ||||||
18 | this subsection (g-5)
shall be inadmissible in a court of law | ||||||
19 | by virtue of the repeal of this
subsection (g-5) on January 1, | ||||||
20 | 2005; | ||||||
21 | (g-6) With approval of the State's Attorney of the county | ||||||
22 | in which it is to occur, recording or listening with the aid of | ||||||
23 | any device to any conversation where a law enforcement officer, | ||||||
24 | or any person acting at the direction of law enforcement, is a | ||||||
25 | party to the conversation and has consented to it being | ||||||
26 | intercepted or recorded in the course of an investigation of |
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1 | involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, trafficking in persons, child pornography, aggravated | ||||||
3 | child pornography, indecent solicitation of a child, child | ||||||
4 | abduction, luring of a minor, sexual exploitation of a child, | ||||||
5 | predatory criminal sexual assault of a child, aggravated | ||||||
6 | criminal sexual abuse in which the victim of the offense was at | ||||||
7 | the time of the commission of the offense under 18 years of | ||||||
8 | age, criminal sexual abuse by force or threat of force in which | ||||||
9 | the victim of the offense was at the time of the commission of | ||||||
10 | the offense under 18 years of age, or aggravated criminal | ||||||
11 | sexual assault in which the victim of the offense was at the | ||||||
12 | time of the commission of the offense under 18 years of age. In | ||||||
13 | all such cases, an application for an order approving the | ||||||
14 | previous or continuing use of an eavesdropping device must be | ||||||
15 | made within 48 hours of the commencement of such use. In the | ||||||
16 | absence of such an order, or upon its denial, any continuing | ||||||
17 | use shall immediately terminate. The Director of State Police | ||||||
18 | shall issue rules as are necessary concerning the use of | ||||||
19 | devices, retention of recordings, and reports regarding their | ||||||
20 | use.
Any recording or evidence obtained or derived in the | ||||||
21 | course of an investigation of involuntary servitude, | ||||||
22 | involuntary sexual servitude of a minor, trafficking in | ||||||
23 | persons, child pornography, aggravated child pornography, | ||||||
24 | indecent solicitation of a child, child abduction, luring of a | ||||||
25 | minor, sexual exploitation of a child, predatory criminal | ||||||
26 | sexual assault of a child, aggravated criminal sexual abuse in |
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1 | which the victim of the offense was at the time of the | ||||||
2 | commission of the offense under 18 years of age, criminal | ||||||
3 | sexual abuse by force or threat of force in which the victim of | ||||||
4 | the offense was at the time of the commission of the offense | ||||||
5 | under 18 years of age, or aggravated criminal sexual assault in | ||||||
6 | which the victim of the offense was at the time of the | ||||||
7 | commission of the offense under 18 years of age shall, upon | ||||||
8 | motion of the State's Attorney or Attorney General prosecuting | ||||||
9 | any case involving involuntary servitude, involuntary sexual | ||||||
10 | servitude of a minor, trafficking in persons, child | ||||||
11 | pornography, aggravated child pornography, indecent | ||||||
12 | solicitation of a child, child abduction, luring of a minor, | ||||||
13 | sexual exploitation of a child, predatory criminal sexual | ||||||
14 | assault of a child, aggravated criminal sexual abuse in which | ||||||
15 | the victim of the offense was at the time of the commission of | ||||||
16 | the offense under 18 years of age, 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, or aggravated criminal sexual assault in which the victim | ||||||
20 | of the offense was at the time of the commission of the offense | ||||||
21 | under 18 years of age, be reviewed in camera with notice to all | ||||||
22 | parties present by the court presiding over the criminal case, | ||||||
23 | and, if ruled by the court to be relevant and otherwise | ||||||
24 | admissible, it shall be admissible at the trial of the criminal | ||||||
25 | case. Absent such a ruling, any such recording or evidence | ||||||
26 | shall not be admissible at the trial of the criminal case; |
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1 | (h) Recordings made simultaneously with the use of an | ||||||
2 | in-car video camera recording of an oral
conversation between a | ||||||
3 | uniformed peace officer, who has identified his or her office, | ||||||
4 | and
a person in the presence of the peace officer whenever (i) | ||||||
5 | an officer assigned a patrol vehicle is conducting an | ||||||
6 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
7 | activated or would otherwise be activated if not for the need | ||||||
8 | to conceal the presence of law enforcement. | ||||||
9 | For the purposes of this subsection (h), "enforcement stop" | ||||||
10 | means an action by a law enforcement officer in relation to | ||||||
11 | enforcement and investigation duties, including but not | ||||||
12 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
13 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
14 | roadside safety checks, requests for identification, or | ||||||
15 | responses to requests for emergency assistance; | ||||||
16 | (h-5) Recordings of utterances made by a person while in | ||||||
17 | the presence of a uniformed peace officer and while an occupant | ||||||
18 | of a police vehicle including, but not limited to, (i) | ||||||
19 | recordings made simultaneously with the use of an in-car video | ||||||
20 | camera and (ii) recordings made in the presence of the peace | ||||||
21 | officer utilizing video or audio systems, or both, authorized | ||||||
22 | by the law enforcement agency; | ||||||
23 | (h-10) Recordings made simultaneously with a video camera | ||||||
24 | recording during
the use of a taser or similar weapon or device | ||||||
25 | by a peace officer if the weapon or device is equipped with | ||||||
26 | such camera; |
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1 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
2 | (h-10) shall be retained by the law enforcement agency that | ||||||
3 | employs the peace officer who made the recordings for a storage | ||||||
4 | period of 90 days, unless the recordings are made as a part of | ||||||
5 | an arrest or the recordings are deemed evidence in any | ||||||
6 | criminal, civil, or administrative proceeding and then the | ||||||
7 | recordings must only be destroyed upon a final disposition and | ||||||
8 | an order from the court. Under no circumstances shall any | ||||||
9 | recording be altered or erased prior to the expiration of the | ||||||
10 | designated storage period. Upon completion of the storage | ||||||
11 | period, the recording medium may be erased and reissued for | ||||||
12 | operational use; | ||||||
13 | (i) Recording of a conversation made by or at the request | ||||||
14 | of a person, not a
law enforcement officer or agent of a law | ||||||
15 | enforcement officer, who is a party
to the conversation, under | ||||||
16 | reasonable suspicion that another party to the
conversation is | ||||||
17 | committing, is about to commit, or has committed a criminal
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18 | offense against the person or a member of his or her immediate | ||||||
19 | household, and
there is reason to believe that evidence of the | ||||||
20 | criminal offense may be
obtained by the recording; | ||||||
21 | (j) The use of a telephone monitoring device by either (1) | ||||||
22 | a
corporation or other business entity engaged in marketing or | ||||||
23 | opinion research
or (2) a corporation or other business entity | ||||||
24 | engaged in telephone
solicitation, as
defined in this | ||||||
25 | subsection, to record or listen to oral telephone solicitation
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26 | conversations or marketing or opinion research conversations |
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1 | by an employee of
the corporation or other business entity | ||||||
2 | when: | ||||||
3 | (i) the monitoring is used for the purpose of service | ||||||
4 | quality control of
marketing or opinion research or | ||||||
5 | telephone solicitation, the education or
training of | ||||||
6 | employees or contractors
engaged in marketing or opinion | ||||||
7 | research or telephone solicitation, or internal
research | ||||||
8 | related to marketing or
opinion research or telephone
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9 | solicitation; and | ||||||
10 | (ii) the monitoring is used with the consent of at | ||||||
11 | least one person who
is an active party to the marketing or | ||||||
12 | opinion research conversation or
telephone solicitation | ||||||
13 | conversation being
monitored. | ||||||
14 | No communication or conversation or any part, portion, or | ||||||
15 | aspect of the
communication or conversation made, acquired, or | ||||||
16 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
17 | be, directly or indirectly, furnished to any law
enforcement | ||||||
18 | officer, agency, or official for any purpose or used in any | ||||||
19 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
20 | any administrative,
judicial, or other proceeding, or divulged | ||||||
21 | to any third party. | ||||||
22 | When recording or listening authorized by this subsection | ||||||
23 | (j) on telephone
lines used for marketing or opinion research | ||||||
24 | or telephone solicitation purposes
results in recording or
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25 | listening to a conversation that does not relate to marketing | ||||||
26 | or opinion
research or telephone solicitation; the
person |
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1 | recording or listening shall, immediately upon determining | ||||||
2 | that the
conversation does not relate to marketing or opinion | ||||||
3 | research or telephone
solicitation, terminate the recording
or | ||||||
4 | listening and destroy any such recording as soon as is | ||||||
5 | practicable. | ||||||
6 | Business entities that use a telephone monitoring or | ||||||
7 | telephone recording
system pursuant to this exemption (j) shall | ||||||
8 | provide current and prospective
employees with notice that the | ||||||
9 | monitoring or recordings may occur during the
course of their | ||||||
10 | employment. The notice shall include prominent signage
| ||||||
11 | notification within the workplace. | ||||||
12 | Business entities that use a telephone monitoring or | ||||||
13 | telephone recording
system pursuant to this exemption (j) shall | ||||||
14 | provide their employees or agents
with access to personal-only | ||||||
15 | telephone lines which may be pay telephones, that
are not | ||||||
16 | subject to telephone monitoring or telephone recording. | ||||||
17 | For the purposes of this subsection (j), "telephone | ||||||
18 | solicitation" means a
communication through the use of a | ||||||
19 | telephone by live operators: | ||||||
20 | (i) soliciting the sale of goods or services; | ||||||
21 | (ii) receiving orders for the sale of goods or | ||||||
22 | services; | ||||||
23 | (iii) assisting in the use of goods or services; or | ||||||
24 | (iv) engaging in the solicitation, administration, or | ||||||
25 | collection of bank
or
retail credit accounts. | ||||||
26 | For the purposes of this subsection (j), "marketing or |
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1 | opinion research"
means
a marketing or opinion research | ||||||
2 | interview conducted by a live telephone
interviewer engaged by | ||||||
3 | a corporation or other business entity whose principal
business | ||||||
4 | is the design, conduct, and analysis of polls and surveys | ||||||
5 | measuring
the
opinions, attitudes, and responses of | ||||||
6 | respondents toward products and services,
or social or | ||||||
7 | political issues, or both; | ||||||
8 | (k) Electronic recordings, including but not limited to, a | ||||||
9 | motion picture,
videotape, digital, or other visual or audio | ||||||
10 | recording, made of a custodial
interrogation of an individual | ||||||
11 | at a police station or other place of detention
by a law | ||||||
12 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
13 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
14 | Procedure of 1963; | ||||||
15 | (l) Recording the interview or statement of any person when | ||||||
16 | the person
knows that the interview is being conducted by a law | ||||||
17 | enforcement officer or
prosecutor and the interview takes place | ||||||
18 | at a police station that is currently
participating in the | ||||||
19 | Custodial Interview Pilot Program established under the
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20 | Illinois Criminal Justice Information Act; | ||||||
21 | (m) An electronic recording, including but not limited to, | ||||||
22 | a motion picture,
videotape, digital, or other visual or audio | ||||||
23 | recording, made of the interior of a school bus while the | ||||||
24 | school bus is being used in the transportation of students to | ||||||
25 | and from school and school-sponsored activities, when the | ||||||
26 | school board has adopted a policy authorizing such recording, |
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1 | notice of such recording policy is included in student | ||||||
2 | handbooks and other documents including the policies of the | ||||||
3 | school, notice of the policy regarding recording is provided to | ||||||
4 | parents of students, and notice of such recording is clearly | ||||||
5 | posted on the door of and inside the school bus.
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6 | Recordings made pursuant to this subsection (m) shall be | ||||||
7 | confidential records and may only be used by school officials | ||||||
8 | (or their designees) and law enforcement personnel for | ||||||
9 | investigations, school disciplinary actions and hearings, | ||||||
10 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
11 | prosecutions, related to incidents occurring in or around the | ||||||
12 | school bus; | ||||||
13 | (n)
Recording or listening to an audio transmission from a | ||||||
14 | microphone placed by a person under the authority of a law | ||||||
15 | enforcement agency inside a bait car surveillance vehicle while | ||||||
16 | simultaneously capturing a photographic or video image; | ||||||
17 | (o) The use of an eavesdropping camera or audio device | ||||||
18 | during an ongoing hostage or barricade situation by a law | ||||||
19 | enforcement officer or individual acting on behalf of a law | ||||||
20 | enforcement officer when the use of such device is necessary to | ||||||
21 | protect the safety of the general public, hostages, or law | ||||||
22 | enforcement officers or anyone acting on their behalf; | ||||||
23 | (p) Recording or listening with the aid of any device to | ||||||
24 | incoming telephone calls of phone lines publicly listed or | ||||||
25 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
26 | where the notice of recording is given at the beginning of each |
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1 | call as required by Section 34-21.8 of the School Code. The | ||||||
2 | recordings may be retained only by the Chicago Police | ||||||
3 | Department or other law enforcement authorities, and shall not | ||||||
4 | be otherwise retained or disseminated; and | ||||||
5 | (q)(1) With prior request to and verbal approval of the | ||||||
6 | State's Attorney of the county in which the conversation is | ||||||
7 | anticipated to occur, recording or listening with the aid of an | ||||||
8 | eavesdropping device to a conversation in which a law | ||||||
9 | enforcement officer, or any person acting at the direction of a | ||||||
10 | law enforcement officer, is a party to the conversation and has | ||||||
11 | consented to the conversation being intercepted or recorded in | ||||||
12 | the course of an investigation of a drug offense. The State's | ||||||
13 | Attorney may grant this verbal approval only after determining | ||||||
14 | that reasonable cause exists to believe that a drug offense | ||||||
15 | will be committed by a specified individual or individuals | ||||||
16 | within a designated period of time. | ||||||
17 | (2) Request for approval. To invoke the exception contained | ||||||
18 | in this subsection (q), a law enforcement officer shall make a | ||||||
19 | written or verbal request for approval to the appropriate | ||||||
20 | State's Attorney. This request for approval shall include | ||||||
21 | whatever information is deemed necessary by the State's | ||||||
22 | Attorney but shall include, at a minimum, the following | ||||||
23 | information about each specified individual whom the law | ||||||
24 | enforcement officer believes will commit a drug offense: | ||||||
25 | (A) his or her full or partial name, nickname or alias; | ||||||
26 | (B) a physical description; or |
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1 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
2 | any other supporting information known to the law | ||||||
3 | enforcement officer at the time of the request that gives | ||||||
4 | rise to reasonable cause to believe the individual will | ||||||
5 | commit a drug offense. | ||||||
6 | (3) Limitations on verbal approval. Each verbal approval by | ||||||
7 | the State's Attorney under this subsection (q) shall be limited | ||||||
8 | to: | ||||||
9 | (A) a recording or interception conducted by a | ||||||
10 | specified law enforcement officer or person acting at the | ||||||
11 | direction of a law enforcement officer; | ||||||
12 | (B) recording or intercepting conversations with the | ||||||
13 | individuals specified in the request for approval, | ||||||
14 | provided that the verbal approval shall be deemed to | ||||||
15 | include the recording or intercepting of conversations | ||||||
16 | with other individuals, unknown to the law enforcement | ||||||
17 | officer at the time of the request for approval, who are | ||||||
18 | acting in conjunction with or as co-conspirators with the | ||||||
19 | individuals specified in the request for approval in the | ||||||
20 | commission of a drug offense; | ||||||
21 | (C) a reasonable period of time but in no event longer | ||||||
22 | than 24 consecutive hours. | ||||||
23 | (4) Admissibility of evidence. No part of the contents of | ||||||
24 | any wire, electronic, or oral communication that has been | ||||||
25 | recorded or intercepted as a result of this exception may be | ||||||
26 | received in evidence in any trial, hearing, or other proceeding |
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1 | in or before any court, grand jury, department, officer, | ||||||
2 | agency, regulatory body, legislative committee, or other | ||||||
3 | authority of this State, or a political subdivision of the | ||||||
4 | State, other than in a prosecution of: | ||||||
5 | (A) a drug offense; | ||||||
6 | (B) a forcible felony committed directly in the course | ||||||
7 | of the investigation of a drug offense for which verbal | ||||||
8 | approval was given to record or intercept a conversation | ||||||
9 | under this subsection (q); or | ||||||
10 | (C) any other forcible felony committed while the | ||||||
11 | recording or interception was approved in accordance with | ||||||
12 | this Section (q), but for this specific category of | ||||||
13 | prosecutions, only if the law enforcement officer or person | ||||||
14 | acting at the direction of a law enforcement officer who | ||||||
15 | has consented to the conversation being intercepted or | ||||||
16 | recorded suffers great bodily injury or is killed during | ||||||
17 | the commission of the charged forcible felony. | ||||||
18 | (5) Compliance with the provisions of this subsection is a | ||||||
19 | prerequisite to the admissibility in evidence of any part of | ||||||
20 | the contents of any wire, electronic or oral communication that | ||||||
21 | has been intercepted as a result of this exception, but nothing | ||||||
22 | in this subsection shall be deemed to prevent a court from | ||||||
23 | otherwise excluding the evidence on any other ground, nor shall | ||||||
24 | anything in this subsection be deemed to prevent a court from | ||||||
25 | independently reviewing the admissibility of the evidence for | ||||||
26 | compliance with the Fourth Amendment to the U.S. Constitution |
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1 | or with Article I, Section 6 of the Illinois Constitution. | ||||||
2 | (6) Use of recordings or intercepts unrelated to drug | ||||||
3 | offenses. Whenever any wire, electronic, or oral communication | ||||||
4 | has been recorded or intercepted as a result of this exception | ||||||
5 | that is not related to a drug offense or a forcible felony | ||||||
6 | committed in the course of a drug offense, no part of the | ||||||
7 | contents of the communication and evidence derived from the | ||||||
8 | communication may be received in evidence in any trial, | ||||||
9 | hearing, or other proceeding in or before any court, grand | ||||||
10 | jury, department, officer, agency, regulatory body, | ||||||
11 | legislative committee, or other authority of this State, or a | ||||||
12 | political subdivision of the State, nor may it be publicly | ||||||
13 | disclosed in any way. | ||||||
14 | (7) Definitions. For the purposes of this subsection (q) | ||||||
15 | only: | ||||||
16 | "Drug offense" includes and is limited to a felony | ||||||
17 | violation of one of the following: (A) the Illinois | ||||||
18 | Controlled Substances Act, (B) the Cannabis Control Act, | ||||||
19 | and (C) the Methamphetamine Control and Community | ||||||
20 | Protection Act. | ||||||
21 | "Forcible felony" includes and is limited to those | ||||||
22 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
23 | 1961 as of the effective date of this amendatory Act of the | ||||||
24 | 97th General Assembly, and only as those offenses have been | ||||||
25 | defined by law or judicial interpretation as of that date. | ||||||
26 | "State's Attorney" includes and is limited to the |
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1 | State's Attorney or an assistant State's Attorney | ||||||
2 | designated by the State's Attorney to provide verbal | ||||||
3 | approval to record or intercept conversations under this | ||||||
4 | subsection (q). | ||||||
5 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
6 | January 1, 2015. No conversations intercepted pursuant to this | ||||||
7 | subsection (q), while operative, shall be inadmissible in a | ||||||
8 | court of law by virtue of the inoperability of this subsection | ||||||
9 | (q) on January 1, 2015 ; and . | ||||||
10 | (r) A person may record the conversation of a law | ||||||
11 | enforcement officer who is performing a public duty in a public | ||||||
12 | place and any other person who is having a conversation with | ||||||
13 | that law enforcement officer if: | ||||||
14 | (1) the conversation is at a volume audible to the | ||||||
15 | unassisted ear of the person who is making the recording; | ||||||
16 | (2) there is no reasonable expectation of privacy; and | ||||||
17 | (3) if the person recording is a law enforcement | ||||||
18 | officer, the person must notify the parties that the | ||||||
19 | conversation is being recorded. | ||||||
20 | For purposes of this subsection (r), "public place" | ||||||
21 | means any place to which the public has access and includes, | ||||||
22 | but is not limited to, streets, sidewalks, parks, and highways | ||||||
23 | (including inside motor vehicles), and the common areas of | ||||||
24 | public and private facilities and buildings. | ||||||
25 | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | ||||||
26 | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. |
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| |||||||
1 | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | ||||||
2 | eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised | ||||||
3 | 8-23-12.) | ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|