Full Text of SB1275 98th General Assembly
SB1275sam001 98TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 2/28/2013
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| 1 | | AMENDMENT TO SENATE BILL 1275
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Police Act is amended by changing | 5 | | Section 14 as follows:
| 6 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| 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.
| 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
| 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
| 2 | | transcript or electronic recording thereof shall be made | 3 | | available to such
officer without charge and without delay.
| 4 | | The Board shall have the power to secure by its subpoena
| 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
| 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.
| 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.
| 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
| 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.
| 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.
| 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.
| 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.
| 23 | | (Source: P.A. 96-891, eff. 5-10-10.)
| 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)
| 2 | | Sec. 3.8. Admissions; counsel; verified complaint.
| 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
| 9 | | to advise him or her at any stage of any interrogation.
| 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.
| 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
| 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,
| 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
| 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
| 14 | | this Section; | 15 | | (g) With prior notification to the State's Attorney of the
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 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.
| 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.".
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