Illinois General Assembly

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 Bill Status of HB4081  97th General Assembly


Short Description:  CRIM CD-EAVESDROPPING EXEMPT

House Sponsors
Rep. Jehan A. Gordon - Michael J. Zalewski and Jim Durkin

Senate Sponsors
(Sen. William R. Haine - Christine Radogno, Tim Bivins, John G. Mulroe and M. Maggie Crotty)

Last Action
DateChamber Action
  7/24/2012HousePublic Act . . . . . . . . . 97-0846

Statutes Amended In Order of Appearance
720 ILCS 5/14-3


Synopsis As Introduced
Amends the Criminal Code of 1961. Exempts from an eavesdropping violation, with prior notification to and verbal approval of the State's Attorney or his or her designee of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, or a felony violation of the Methamphetamine Control and Community Protection Act. Provides that whenever any wire, electronic, or oral communication has been intercepted as a result of this exception that is not related to a felony violation of the Illinois Controlled Substances Act, felony violation of the Cannabis Control Act, or felony violation of the Methamphetamine Control and Community Protection Act or conspiracy related to those violations, no part of the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State if the disclosure of that information would be in violation of this provision unless the violation involves a forcible felony.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that it is an exception to an eavesdropping violation, with prior request to and verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a drug offense. Provides that the State's Attorney may grant this verbal approval only after determining that reasonable cause exists to believe that a drug offense will be committed by a specified individual or individuals within a designated period of time. Provides that no part of the contents of any wire, electronic, or oral communication that has been recorded or intercepted as a result of this exception may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, other than in a prosecution of: (1) a drug offense; (2) a forcible felony committed directly in the course of the investigation of a drug offense for which verbal approval was given to record or intercept a conversation; or (3) any other forcible felony committed while the recording or interception was approved in accordance with these provisions, but for this specific category of prosecutions, only if the law enforcement officer or person acting at the direction of a law enforcement officer who has consented to the conversation being intercepted or recorded suffers great bodily injury or is killed during the commission of the charged forcible felony. Provides that whenever any wire, electronic, or oral communication has been recorded or intercepted as a result of this exception that is not related to a drug offense or a forcible felony committed in the course of a drug offense, no part of the contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, nor may it be publicly disclosed in any way. Provides that these provisions are inoperative on and after January 1, 2015. Provides that no conversations intercepted pursuant to these provisions, while operative, shall be inadmissible in a court of law by virtue of the inoperability of these provisions on January 1, 2015.

Actions 
DateChamber Action
  1/24/2012HouseFiled with the Clerk by Rep. Jehan A. Gordon
  1/25/2012HouseFirst Reading
  1/25/2012HouseReferred to Rules Committee
  1/30/2012HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  1/31/2012HouseAdded Co-Sponsor Rep. Jim Durkin
  2/6/2012HouseAssigned to Executive Committee
  3/6/2012HouseMotion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie
  3/6/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  3/9/2012HouseRule 19(a) / Re-referred to Rules Committee
  3/21/2012HouseCommittee Deadline Extended-Rule 9(b) March 30, 2012
  3/21/2012HouseAssigned to Executive Committee
  3/23/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jehan A. Gordon
  3/23/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/26/2012HouseHouse Committee Amendment No. 1 Rules Refers to Executive Committee
  3/27/2012HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  3/27/2012HouseDo Pass as Amended / Short Debate Executive Committee; 011-000-000
  3/27/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/30/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2012HouseThird Reading - Short Debate - Passed 099-012-000
  4/11/2012SenateArrive in Senate
  4/11/2012SenatePlaced on Calendar Order of First Reading April 17, 2012
  4/11/2012SenateChief Senate Sponsor Sen. William R. Haine
  4/11/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Christine Radogno
  4/17/2012SenateFirst Reading
  4/17/2012SenateReferred to Assignments
  4/24/2012SenateAssigned to Criminal Law
  4/30/2012SenateAdded as Alternate Co-Sponsor Sen. Tim Bivins
  5/2/2012SenateHeld in Criminal Law
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/9/2012SenateDo Pass Criminal Law; 007-002-000
  5/9/2012SenatePlaced on Calendar Order of 2nd Reading May 10, 2012
  5/10/2012SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/22/2012SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  5/22/2012SenateThird Reading - Passed; 042-014-001
  5/22/2012HousePassed Both Houses
  5/31/2012HouseSent to the Governor
  7/24/2012HouseGovernor Approved
  7/24/2012HouseEffective Date January 1, 2013
  7/24/2012HousePublic Act . . . . . . . . . 97-0846

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