AUTHORITY: Implementing Section 14-3(n) of the Criminal Code [720 ILCS 5/14-3(n)] and authorized by Section 2605-15 of the Civil Administrative Code of Illinois [20 ILCS 2605/2605-15].

SOURCE: Adopted at 33 Ill. Reg. 14306, effective October 5, 2009.

SUBPART A: PROMULGATION

 

Section 1297.10  Purpose

 

The purpose of this Part is to delineate regulations concerning the use of devices in the recording of transmissions from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle and to adopt measures regarding the retention of any such recorded evidence.  These regulations shall apply exclusively to bait cars as defined in Section 14-1(f) of the Code.

 

Section 1297.20  Definitions

 

Unless specified otherwise, all terms shall have the meaning set forth in Section 14-1 of the Criminal Code.  For purpose of this Part, the following additional definitions apply:

 

"Article 14" means Article 14 of the Criminal Code [720 ILCS 5/Art. 14] (Eavesdropping).

 

                        "Code" or "Criminal Code" means the Criminal Code of 1961 [720 ILCS 5].

 

"Inside a bait car" means inside of the vehicle.

 

"Inventoried" means retained under the policies and procedures of the investigating law enforcement agency conducting the interception or recording; or, if no policy or procedure exists, the policies and procedures establishes by the office of the sheriff of the county in which the interception or recording occurred.

SUBPART B: OPERATIONS

 

Section 1297.30  Interception and Recording Standards

 

a)         Any and all recordings made pursuant to this Section shall be protected from editing or other alteration.  The first recording from each device used shall be designated as the "original" for inventory and reporting purposes.

 

b)         Any and all original recordings shall be inventoried in accordance with the guidelines of the appropriate law enforcement agency.

 

Section 1297.40  Specifications for Equipment

 

a)         Based on the operating specifications of the recording equipment, all recorded conversations will be saved to virgin blank media and protected from future additions, editing or alterations.

 

b)                  The materials and equipment used for recording conversations pursuant to Section 14-3(n) of the Code shall be of a type and quality sufficient to satisfy the requirements of Article 14 and ensure adequate collection and preservation of evidence.