Public Act 096-1425
 
HB4647 EnrolledLRB096 14958 MJR 29856 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The School Code is amended  by adding Section 
34-21.8 as follows:
 
    (105 ILCS 5/34-21.8 new)
    Sec. 34-21.8. Chicago public schools violence prevention 
hotline.
    (a) In consultation with the Chicago Police Department, the 
Board must establish a hotline for the purpose of receiving 
anonymous phone calls for information that may prevent 
violence.
    (b) Calls that are placed to the hotline must be answered 
by the Chicago Police Department.
    (c) Each call placed to the hotline must be recorded and 
investigated by the Chicago Police Department.
    (d)   Prior to receiving any information, notice must be 
provided to the caller that the call is being recorded for 
investigation by the Chicago Police Department.  The notice may 
be provided by a pre-recorded message or otherwise. 
    (e) The hotline shall be known as the "CPS Violence 
Prevention Hotline" and its number and anonymous nature must be 
posted in all Chicago Public Schools.


 
    Section 10. The Criminal Code of 1961 is amended by 
changing Section 14-3 as follows:
 


    (720 ILCS 5/14-3)

    Sec. 14-3. Exemptions. The following activities shall be

exempt from the provisions of this Article:

    (a) Listening to radio, wireless and television 
communications of
any sort where the same are publicly made;

    (b) Hearing conversation when heard by employees of any 
common
carrier by wire incidental to the normal course of their 
employment in
the operation, maintenance or repair of the 
equipment of such common
carrier by wire so long as no 
information obtained thereby is used or
divulged by the hearer;

    (c) Any broadcast by radio, television or otherwise whether 
it be a
broadcast or recorded for the purpose of later 
broadcasts of any
function where the public is in attendance 
and the conversations are
overheard incidental to the main 
purpose for which such broadcasts are
then being made;

    (d) Recording or listening with the aid of any device to 
any
emergency communication made in the normal course of 
operations by any
federal, state or local law enforcement 
agency or institutions dealing
in emergency services, 
including, but not limited to, hospitals,
clinics, ambulance 
services, fire fighting agencies, any public utility,

emergency repair facility, civilian defense establishment or 
military
installation;

    (e) Recording the proceedings of any meeting required to be 
open by
the Open Meetings Act, as amended;

    (f) Recording or listening with the aid of any device to 
incoming
telephone calls of phone lines publicly listed or 
advertised as consumer
"hotlines" by manufacturers or 
retailers of food and drug products.  Such
recordings must be 
destroyed, erased or turned over to local law
enforcement 
authorities within 24 hours from the time of such recording and

shall not be otherwise disseminated.  Failure on the part of the 
individual
or business operating any such recording or 
listening device to comply with
the requirements of this 
subsection shall eliminate any civil or criminal
immunity 
conferred upon that individual or business by the operation of

this Section;

    (g) With prior notification to the State's Attorney of the

county in which
it is to occur, recording or listening with the 
aid of any device to any
conversation
where a law enforcement 
officer, or any person acting at the direction of law

enforcement, is a party to the conversation and has consented 
to it being
intercepted or recorded under circumstances where 
the use of the device is
necessary for the protection of the 
law enforcement officer or any person
acting at the direction 
of law enforcement, in the course of an
investigation
of a 
forcible felony, a felony violation of the Illinois Controlled 
Substances
Act, a felony violation of the Cannabis Control Act, 
a felony violation of the Methamphetamine Control and Community 
Protection Act, any "streetgang
related" or "gang-related" 
felony as those terms are defined in the Illinois
Streetgang 
Terrorism Omnibus Prevention Act, or any felony offense 
involving any weapon listed in paragraphs (1) through (11) of 
subsection (a) of Section 24-1 of this Code.
Any recording or 
evidence derived
as the
result of this exemption shall be 
inadmissible in any proceeding, criminal,
civil or

administrative, except (i) where a party to the conversation 
suffers great
bodily injury or is killed during such 
conversation, or
(ii)
when used as direct impeachment of a 
witness concerning matters contained in
the interception or 
recording.  The Director of the
Department of
State Police shall 
issue regulations as are necessary concerning the use of

devices, retention of tape recordings, and reports regarding 
their
use;

    (g-5) With approval of the State's Attorney of the county 
in
which it is to occur, recording or listening with the aid of 
any device to any
conversation where a law enforcement officer, 
or any person acting at the
direction of law enforcement, is a 
party to the conversation and has consented
to it being 
intercepted or recorded in the course of an investigation of 
any
offense defined in Article 29D of this Code.
In all such 
cases, an application for an order approving
the previous or 
continuing use of an eavesdropping
device must be made within 
48 hours of the commencement of
such use.  In the absence of 
such an order, or upon its denial,
any continuing use shall 
immediately terminate.
The Director of
State Police shall issue 
rules as are necessary concerning the use of
devices, retention 
of tape recordings, and reports regarding their use.

    Any recording or evidence obtained or derived in the course 
of an
investigation of any offense defined in Article 29D of 
this Code shall, upon
motion of the State's Attorney or 
Attorney General prosecuting any violation of
Article 29D, be 
reviewed in camera with notice to all parties present by the

court presiding over the criminal
case, and, if ruled by the 
court to be relevant and otherwise admissible,
it shall be 
admissible at the trial of the criminal
case.

    This subsection (g-5) is inoperative on and after January 
1, 2005.
No conversations recorded or monitored pursuant to 
this subsection (g-5)
shall be inadmissible in a court of law 
by virtue of the repeal of this
subsection (g-5) on January 1, 
2005;

    (g-6) With approval of the State's Attorney of the county 
in which it is to occur, recording or listening with the aid of 
any device to any conversation where a law enforcement officer, 
or any person acting at the direction of law enforcement, is a 
party to the conversation and has consented to it being 
intercepted or recorded in the course of an investigation of 
child pornography, aggravated child pornography, indecent 
solicitation of a child, child abduction, luring of a minor, 
sexual exploitation of a child, predatory criminal sexual 
assault of a child, aggravated criminal sexual abuse in which 
the victim of the offense was at the time of the commission of 
the offense under 18 years of age, criminal sexual abuse by 
force or threat of force in which the victim of the offense was 
at the time of the commission of the offense under 18 years of 
age, or aggravated criminal sexual assault in which the victim 
of the offense was at the time of the commission of the offense 
under 18 years of age. In all such cases, an application for an 
order approving the previous or continuing use of an 
eavesdropping device must be made within 48 hours of the 
commencement of such use. In the absence of such an order, or 
upon its denial, any continuing use shall immediately 
terminate. The Director of State Police shall issue rules as 
are necessary concerning the use of devices, retention of 
recordings, and reports regarding their use.
    Any recording or 
evidence obtained or derived in the course of an investigation 
of child pornography, aggravated child pornography, indecent 
solicitation of a child, child abduction, luring of a minor, 
sexual exploitation of a child, predatory criminal sexual 
assault of a child, aggravated criminal sexual abuse in which 
the victim of the offense was at the time of the commission of 
the offense under 18 years of age, criminal sexual abuse by 
force or threat of force in which the victim of the offense was 
at the time of the commission of the offense under 18 years of 
age, or aggravated criminal sexual assault in which the victim 
of the offense was at the time of the commission of the offense 
under 18 years of age shall, upon motion of the State's 
Attorney or Attorney General prosecuting any case involving 
child pornography, aggravated child pornography, indecent 
solicitation of a child, child abduction, luring of a minor, 
sexual exploitation of a child, predatory criminal sexual 
assault of a child, aggravated criminal sexual abuse in which 
the victim of the offense was at the time of the commission of 
the offense under 18 years of age, criminal sexual abuse by 
force or threat of force in which the victim of the offense was 
at the time of the commission of the offense under 18 years of 
age, or aggravated criminal sexual assault in which the victim 
of the offense was at the time of the commission of the offense 
under 18 years of age, be reviewed in camera with notice to all 
parties present by the court presiding over the criminal case, 
and, if ruled by the court to be relevant and otherwise 
admissible, it shall be admissible at the trial of the criminal 
case. Absent such a ruling, any such recording or evidence 
shall not be admissible at the trial of the criminal case;
    (h) Recordings made simultaneously with the use of an 
in-car video camera 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 whenever (i) 
an officer assigned a patrol vehicle is conducting an 
enforcement stop;  or (ii) patrol vehicle emergency lights are 
activated or would otherwise be activated if not for the need 
to conceal the presence of law enforcement.
    For the purposes of this subsection (h), "enforcement stop" 
means an action by a law enforcement officer in relation to 
enforcement and investigation duties, including but not 
limited to, traffic stops, pedestrian stops, abandoned vehicle 
contacts, motorist assists, commercial motor vehicle stops, 
roadside safety checks, requests for identification, or 
responses to requests for emergency assistance;
    (h-5) Recordings of utterances made by a person while in 
the presence of a uniformed peace officer and while an occupant 
of a police vehicle including, but not limited to, (i) 
recordings made simultaneously with the use of an in-car video 
camera and (ii) recordings made in the presence of the peace 
officer utilizing video or audio systems, or both, authorized 
by the law enforcement agency;
    (h-10) Recordings made simultaneously with a video camera 
recording during
the use of a taser or similar weapon or device 
by a peace officer if the weapon or device is  equipped with 
such camera;
    (h-15)  Recordings made under subsection (h), (h-5), or 
(h-10) shall be retained by the law enforcement agency that 
employs the peace officer who made the recordings for a storage 
period of 90 days, unless the recordings are made as a part of 
an arrest or the recordings are deemed evidence in any 
criminal, civil, or administrative proceeding and then the 
recordings must only be destroyed upon a final disposition and 
an order from the court.  Under no circumstances shall any 
recording be altered or erased prior to the expiration of the 
designated storage period.  Upon completion of the storage 
period, the recording medium may be erased and reissued for 
operational use;

    (i) Recording of a conversation made by or at the request 
of a person, not a
law enforcement officer or agent of a law 
enforcement officer, who is a party
to the conversation, under 
reasonable suspicion that another party to the
conversation is 
committing, is about to commit, or has committed a criminal

offense against the person or a member of his or her immediate 
household, and
there is reason to believe that evidence of the 
criminal offense may be
obtained by the recording;

    (j) The use of a telephone monitoring device by either (1) 
a
corporation or other business entity engaged in marketing or 
opinion research
or (2) a corporation or other business entity 
engaged in telephone
solicitation, as
defined in this 
subsection, to record or listen to oral telephone solicitation

conversations or marketing or opinion research conversations 
by an employee of
the corporation or other business entity 
when:


        (i) the monitoring is used for the purpose of service 
    quality control of
marketing or opinion research or 
    telephone solicitation, the education or
training of 
    employees or contractors
engaged in marketing or opinion 
    research or telephone solicitation, or internal
research 
    related to marketing or
opinion research or telephone

    solicitation; and


        (ii) the monitoring is used with the consent of at 
    least one person who
is an active party to the marketing or 
    opinion research conversation or
telephone solicitation 
    conversation being
monitored.

    No communication or conversation or any part, portion, or 
aspect of the
communication or conversation made, acquired, or 
obtained, directly or
indirectly,
under this exemption (j), may 
be, directly or indirectly, furnished to any law
enforcement 
officer, agency, or official for any purpose or used in any 
inquiry
or investigation, or used, directly or indirectly, in 
any administrative,
judicial, or other proceeding, or divulged 
to any third party.

    When recording or listening authorized by this subsection 
(j) on telephone
lines used for marketing or opinion research 
or telephone solicitation purposes
results in recording or

listening to a conversation that does not relate to marketing 
or opinion
research or telephone solicitation; the
person 
recording or listening shall, immediately upon determining 
that the
conversation does not relate to marketing or opinion 
research or telephone
solicitation, terminate the recording
or 
listening and destroy any such recording as soon as is 
practicable.

    Business entities that use a telephone monitoring or 
telephone recording
system pursuant to this exemption (j) shall 
provide current and prospective
employees with notice that the 
monitoring or recordings may occur during the
course of their 
employment.  The notice shall include prominent signage

notification within the workplace.

    Business entities that use a telephone monitoring or 
telephone recording
system pursuant to this exemption (j) shall 
provide their employees or agents
with access to personal-only 
telephone lines which may be pay telephones, that
are not 
subject to telephone monitoring or telephone recording.

    For the purposes of this subsection (j), "telephone 
solicitation" means a
communication through the use of a 
telephone by live operators:


        (i) soliciting the sale of goods or services;


        (ii) receiving orders for the sale of goods or 
    services;


        (iii) assisting in the use of goods or services; or


        (iv) engaging in the solicitation, administration, or 
    collection of bank
or
retail credit accounts.

    For the purposes of this subsection (j), "marketing or 
opinion research"
means
a marketing or opinion research 
interview conducted by a live telephone
interviewer engaged by 
a corporation or other business entity whose principal
business 
is the design, conduct, and analysis of polls and surveys 
measuring
the
opinions, attitudes, and responses of 
respondents toward products and services,
or social or 
political issues, or both;

    (k) Electronic recordings, including but not limited to, a 
motion picture,
videotape, digital, or other visual or audio 
recording, made of a custodial
interrogation of an individual 
at a police station or other place of detention
by a law 
enforcement officer under Section 5-401.5 of the Juvenile Court 
Act of
1987 or Section 103-2.1 of the Code of Criminal 
Procedure of 1963;
    (l) Recording the interview or statement of any person when 
the person
knows that the interview is being conducted by a law 
enforcement officer or
prosecutor and the interview takes place 
at a police station that is currently
participating in the 
Custodial Interview Pilot Program established under the

Illinois Criminal Justice Information Act;

    (m)  An electronic recording, including but not limited to, 
a motion picture,
videotape, digital, or other visual or audio 
recording, made of the interior of a school bus while the 
school bus is being used in the transportation of students to 
and from school and school-sponsored activities, when the 
school board has adopted a policy authorizing such recording, 
notice of such recording policy is included in student 
handbooks and other documents including the policies of the 
school, notice of the policy regarding recording is provided to 
parents of students, and notice of such recording is clearly 
posted on the door of and inside the school bus.

    Recordings made pursuant to this subsection (m) shall be 
confidential records and may only be used by school officials 
(or their designees) and law enforcement personnel for 
investigations, school disciplinary actions and hearings, 
proceedings under the Juvenile Court Act of 1987, and criminal 
prosecutions, related to incidents occurring in or around the 
school bus; 
    (n)
 Recording or listening to an audio transmission from a 
microphone placed by a person under the authority of a law 
enforcement agency inside a bait car surveillance vehicle while 
simultaneously capturing a photographic or video image; and
    (o)  The use of an eavesdropping camera or audio device 
during an ongoing hostage or barricade situation by a law 
enforcement officer or individual acting on behalf of a law 
enforcement officer when the use of such device is necessary to 
protect the safety of the general public, hostages, or law 
enforcement officers or anyone acting on their behalf; and .
    (p) Recording or listening with the aid of any device to 
incoming telephone calls of phone lines publicly listed or 
advertised as the "CPS Violence Prevention Hotline," but only 
where the notice of recording is given at the beginning of each 
call as required by Section 34-21.8 of the School Code.  The 
recordings may be retained only by the Chicago Police 
Department or other law enforcement authorities, and shall not 
be otherwise retained or disseminated. 
(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07; 
95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff. 
8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff. 
8-25-09; revised 10-9-09.)
 
    Section 90. The State Mandates Act is amended by adding 
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 96th General Assembly.