093_HB0223ham002
LRB093 04402 RLC 13779 a
1 AMENDMENT TO HOUSE BILL 223
2 AMENDMENT NO. . Amend House Bill 223, AS AMENDED, as
3 follows:
4 by replacing everything after the enacting clause with the
5 following:
6 "Section 5. The Illinois Criminal Justice Information
7 Act is amended by adding Section 7.5 as follows:
8 (20 ILCS 3930/7.5 new)
9 Sec. 7.5. Grants for electronic recording equipment.
10 (a) The Authority, from appropriations made to it for
11 that purpose, shall make grants to local law enforcement
12 agencies for the purpose of purchasing equipment for
13 electronic recording of interrogations.
14 (b) The Authority shall promulgate rules to implement
15 this Section.
16 Section 10. The Illinois Police Training Act is amended
17 by adding Section 10.3 as follows:
18 (50 ILCS 705/10.3 new)
19 Sec. 10.3. Training of police officers to conduct
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1 electronic interrogations. From appropriations made to it
2 for that purpose, the Board shall initiate, administer, and
3 conduct training programs for permanent police officers,
4 part-time police officers, and recruits on the methods and
5 technical aspects of conducting electronic recordings of
6 interrogations.
7 Section 15. The Juvenile Court Act of 1987 is amended by
8 adding Section 5-401.5 as follows:
9 (705 ILCS 405/5-401.5 new)
10 Sec. 5-401.5. When statements by minor may be used.
11 (a) In this Section, "custodial interrogation" means any
12 interrogation (i) during which a reasonable person in the
13 subject's position would consider himself or herself to be in
14 custody and (ii) during which a question is asked that is
15 reasonably likely to elicit an incriminating response.
16 In this Section, "electronic recording" includes motion
17 picture, audiotape, videotape, or digital recording.
18 In this Section, "place of detention" means a building or
19 a police station that is a place of operation for a municipal
20 police department or county sheriff department or other law
21 enforcement agency at which persons are or may be held in
22 detention in connection with criminal charges against those
23 persons or allegations that those persons are delinquent
24 minors.
25 (b) An oral, written, or sign language statement of a
26 minor who, at the time of the commission of the offense was
27 under the age of 17 years, made as a result of a custodial
28 interrogation conducted at a police station or other place of
29 detention on or after the effective date of this amendatory
30 Act of the 93rd General Assembly shall be presumed to be
31 inadmissible as evidence against the minor in any criminal
32 proceeding or juvenile court proceeding, for an act that if
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1 committed by an adult would be brought under Section 9-1,
2 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code
3 of 1961 unless:
4 (1) an electronic recording is made of the
5 custodial interrogation; and
6 (2) the recording is substantially accurate and not
7 intentionally altered.
8 (c) Every electronic recording required under this
9 Section must be preserved until such time as the minor's
10 adjudication for any offense relating to the statement is
11 final and all direct and habeas corpus appeals are exhausted,
12 or the prosecution of such offenses is barred by law.
13 (d) If the court finds, by a preponderance of the
14 evidence, that the minor was subjected to a custodial
15 interrogation in violation of this Section, then any
16 statements made by the minor during or following that
17 non-recorded custodial interrogation, even if otherwise in
18 compliance with this Section, are presumed to be inadmissible
19 in any criminal proceeding or juvenile court proceeding
20 against the minor except for the purposes of impeachment.
21 (e) Nothing in this Section precludes the admission (i)
22 of a statement made by the minor in open court in any
23 criminal proceeding or juvenile court proceeding, before a
24 grand jury, or at a preliminary hearing, (ii) of a statement
25 made during a custodial interrogation that was not recorded
26 as required by this Section because electronic recording was
27 not feasible, (iii) of a voluntary statement, whether or not
28 the result of a custodial interrogation, that has a bearing
29 on the credibility of the accused as a witness, (iv) of a
30 spontaneous statement that is not made in response to a
31 question, (v) of a statement made after questioning that is
32 routinely asked during the processing of the arrest of the
33 suspect, (vi) of a statement made during a custodial
34 interrogation by a suspect who requests, prior to making the
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1 statement, to respond to the interrogator's questions only if
2 an electronic recording is not made of the statement,
3 provided that an electronic recording is made of the
4 statement of agreeing to respond to the interrogator's
5 question, only if a recording is not made of the statement,
6 (vii) of a statement made during a custodial interrogation
7 that is conducted out-of-state, (viii) of a statement given
8 at a time when the interrogators are unaware that a death has
9 in fact occurred, or (ix) of any other statement that may be
10 admissible under law. The State shall bear the burden of
11 proving, by a preponderance of the evidence, that one of the
12 exceptions described in this subsection (e) is applicable.
13 Nothing in this Section precludes the admission of a
14 statement, otherwise inadmissible under this Section, that is
15 used only for impeachment and not as substantive evidence.
16 (f) The presumption of inadmissibility of a statement
17 made by a suspect at a custodial interrogation may be
18 overcome by a preponderance of the evidence that the
19 statement was voluntarily given and is reliable, based on the
20 totality of the circumstances.
21 (g) Any electronic recording of any statement made by a
22 minor during a custodial interrogation that is compiled by
23 any law enforcement agency as required by this Section for
24 the purposes of fulfilling the requirements of this Section
25 shall be confidential and exempt from public inspection and
26 copying, as provided under Section 7 of the Freedom of
27 Information Act, and the information shall not be transmitted
28 to anyone except as needed to comply with this Section.
29 Section 20. The Criminal Code of 1961 is amended by
30 changing Section 14-3 as follows:
31 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
32 Sec. 14-3. Exemptions. The following activities shall
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1 be exempt from the provisions of this Article:
2 (a) Listening to radio, wireless and television
3 communications of any sort where the same are publicly made;
4 (b) Hearing conversation when heard by employees of any
5 common carrier by wire incidental to the normal course of
6 their employment in the operation, maintenance or repair of
7 the equipment of such common carrier by wire so long as no
8 information obtained thereby is used or divulged by the
9 hearer;
10 (c) Any broadcast by radio, television or otherwise
11 whether it be a broadcast or recorded for the purpose of
12 later broadcasts of any function where the public is in
13 attendance and the conversations are overheard incidental to
14 the main purpose for which such broadcasts are then being
15 made;
16 (d) Recording or listening with the aid of any device to
17 any emergency communication made in the normal course of
18 operations by any federal, state or local law enforcement
19 agency or institutions dealing in emergency services,
20 including, but not limited to, hospitals, clinics, ambulance
21 services, fire fighting agencies, any public utility,
22 emergency repair facility, civilian defense establishment or
23 military installation;
24 (e) Recording the proceedings of any meeting required to
25 be open by the Open Meetings Act, as amended;
26 (f) Recording or listening with the aid of any device to
27 incoming telephone calls of phone lines publicly listed or
28 advertised as consumer "hotlines" by manufacturers or
29 retailers of food and drug products. Such recordings must be
30 destroyed, erased or turned over to local law enforcement
31 authorities within 24 hours from the time of such recording
32 and shall not be otherwise disseminated. Failure on the part
33 of the individual or business operating any such recording or
34 listening device to comply with the requirements of this
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1 subsection shall eliminate any civil or criminal immunity
2 conferred upon that individual or business by the operation
3 of this Section;
4 (g) With prior notification to the State's Attorney of
5 the county in which it is to occur, recording or listening
6 with the aid of any device to any conversation where a law
7 enforcement officer, or any person acting at the direction of
8 law enforcement, is a party to the conversation and has
9 consented to it being intercepted or recorded under
10 circumstances where the use of the device is necessary for
11 the protection of the law enforcement officer or any person
12 acting at the direction of law enforcement, in the course of
13 an investigation of a forcible felony, a felony violation of
14 the Illinois Controlled Substances Act, a felony violation of
15 the Cannabis Control Act, or any "streetgang related" or
16 "gang-related" felony as those terms are defined in the
17 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
18 recording or evidence derived as the result of this exemption
19 shall be inadmissible in any proceeding, criminal, civil or
20 administrative, except (i) where a party to the conversation
21 suffers great bodily injury or is killed during such
22 conversation, or (ii) when used as direct impeachment of a
23 witness concerning matters contained in the interception or
24 recording. The Director of the Department of State Police
25 shall issue regulations as are necessary concerning the use
26 of devices, retention of tape recordings, and reports
27 regarding their use;
28 (g-5) With approval of the State's Attorney of the
29 county in which it is to occur, recording or listening with
30 the aid of any device to any conversation where a law
31 enforcement officer, or any person acting at the direction of
32 law enforcement, is a party to the conversation and has
33 consented to it being intercepted or recorded in the course
34 of an investigation of any offense defined in Article 29D of
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1 this Code. In all such cases, an application for an order
2 approving the previous or continuing use of an eavesdropping
3 device must be made within 48 hours of the commencement of
4 such use. In the absence of such an order, or upon its
5 denial, any continuing use shall immediately terminate. The
6 Director of State Police shall issue rules as are necessary
7 concerning the use of devices, retention of tape recordings,
8 and reports regarding their use.
9 Any recording or evidence obtained or derived in the
10 course of an investigation of any offense defined in Article
11 29D of this Code shall, upon motion of the State's Attorney
12 or Attorney General prosecuting any violation of Article 29D,
13 be reviewed in camera with notice to all parties present by
14 the court presiding over the criminal case, and, if ruled by
15 the court to be relevant and otherwise admissible, it shall
16 be admissible at the trial of the criminal case.
17 This subsection (g-5) is inoperative on and after January
18 1, 2005. No conversations recorded or monitored pursuant to
19 this subsection (g-5) shall be inadmissable in a court of law
20 by virtue of the repeal of this subsection (g-5) on January
21 1, 2005.
22 (h) Recordings made simultaneously with a video
23 recording of an oral conversation between a peace officer,
24 who has identified his or her office, and a person stopped
25 for an investigation of an offense under the Illinois Vehicle
26 Code;
27 (i) Recording of a conversation made by or at the
28 request of a person, not a law enforcement officer or agent
29 of a law enforcement officer, who is a party to the
30 conversation, under reasonable suspicion that another party
31 to the conversation is committing, is about to commit, or has
32 committed a criminal offense against the person or a member
33 of his or her immediate household, and there is reason to
34 believe that evidence of the criminal offense may be obtained
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1 by the recording; and
2 (j) The use of a telephone monitoring device by either
3 (1) a corporation or other business entity engaged in
4 marketing or opinion research or (2) a corporation or other
5 business entity engaged in telephone solicitation, as defined
6 in this subsection, to record or listen to oral telephone
7 solicitation conversations or marketing or opinion research
8 conversations by an employee of the corporation or other
9 business entity when:
10 (i) the monitoring is used for the purpose of
11 service quality control of marketing or opinion research
12 or telephone solicitation, the education or training of
13 employees or contractors engaged in marketing or opinion
14 research or telephone solicitation, or internal research
15 related to marketing or opinion research or telephone
16 solicitation; and
17 (ii) the monitoring is used with the consent of at
18 least one person who is an active party to the marketing
19 or opinion research conversation or telephone
20 solicitation conversation being monitored.
21 No communication or conversation or any part, portion, or
22 aspect of the communication or conversation made, acquired,
23 or obtained, directly or indirectly, under this exemption
24 (j), may be, directly or indirectly, furnished to any law
25 enforcement officer, agency, or official for any purpose or
26 used in any inquiry or investigation, or used, directly or
27 indirectly, in any administrative, judicial, or other
28 proceeding, or divulged to any third party.
29 When recording or listening authorized by this subsection
30 (j) on telephone lines used for marketing or opinion research
31 or telephone solicitation purposes results in recording or
32 listening to a conversation that does not relate to marketing
33 or opinion research or telephone solicitation; the person
34 recording or listening shall, immediately upon determining
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1 that the conversation does not relate to marketing or opinion
2 research or telephone solicitation, terminate the recording
3 or listening and destroy any such recording as soon as is
4 practicable.
5 Business entities that use a telephone monitoring or
6 telephone recording system pursuant to this exemption (j)
7 shall provide current and prospective employees with notice
8 that the monitoring or recordings may occur during the course
9 of their employment. The notice shall include prominent
10 signage notification within the workplace.
11 Business entities that use a telephone monitoring or
12 telephone recording system pursuant to this exemption (j)
13 shall provide their employees or agents with access to
14 personal-only telephone lines which may be pay telephones,
15 that are not subject to telephone monitoring or telephone
16 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,
25 or collection of bank or retail credit accounts.
26 For the purposes of this subsection (j), "marketing or
27 opinion research" means a marketing or opinion research
28 interview conducted by a live telephone interviewer engaged
29 by a corporation or other business entity whose principal
30 business is the design, conduct, and analysis of polls and
31 surveys measuring the opinions, attitudes, and responses of
32 respondents toward products and services, or social or
33 political issues, or both.
34 (k) Electronic recordings, including but not limited to,
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1 a motion picture, videotape, digital, or other visual or
2 audio recording, made of a custodial interrogation of an
3 individual at a police station or other place of detention by
4 a law enforcement officer under Section 5-401.5 of the
5 Juvenile Court Act of 1987 or Section 103-2.1 of the Code of
6 Criminal Procedure of 1963.
7 (Source: P.A. 91-357, eff. 7-29-99; 92-854, eff. 12-5-02.)
8 Section 25. The Code of Criminal Procedure of 1963 is
9 amended by adding Section 103-2.1 as follows:
10 (725 ILCS 5/103-2.1 new)
11 Sec. 103-2.1. When statements by accused may be used.
12 (a) In this Section, "custodial interrogation" means any
13 interrogation during which (i) a reasonable person in the
14 subject's position would consider himself or herself to be in
15 custody and (ii) during which a question is asked that is
16 reasonably likely to elicit an incriminating response.
17 In this Section, "place of detention" means a building or
18 a police station that is a place of operation for a municipal
19 police department or county sheriff department or other law
20 enforcement agency, not a courthouse, that is owned or
21 operated by a law enforcement agency at which persons are or
22 may be held in detention in connection with criminal charges
23 against those persons.
24 In this Section, "electronic recording" includes motion
25 picture, audiotape, or videotape, or digital recording.
26 (b) An oral, written, or sign language statement of an
27 accused made as a result of a custodial interrogation at a
28 police station or other place of detention shall be presumed
29 to be inadmissible as evidence against the accused in any
30 criminal proceeding brought under Section 9-1, 9-1.2, 9-2,
31 9-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961
32 unless:
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1 (1) an electronic recording is made of the custodial
2 interrogation; and
3 (2) the recording is substantially accurate and not
4 intentionally altered.
5 (c) Every electronic recording required under this
6 Section must be preserved until such time as the defendant's
7 conviction for any offense relating to the statement is final
8 and all direct and habeas corpus appeals are exhausted, or
9 the prosecution of such offenses is barred by law.
10 (d) If the court finds, by a preponderance of the
11 evidence, that the defendant was subjected to a custodial
12 interrogation in violation of this Section, then any
13 statements made by the defendant during or following that
14 non-recorded custodial interrogation, even if otherwise in
15 compliance with this Section, are presumed to be inadmissible
16 in any criminal proceeding against the defendant except for
17 the purposes of impeachment.
18 (e) Nothing in this Section precludes the admission (i)
19 of a statement made by the accused in open court at his or
20 her trial, before a grand jury, or at a preliminary hearing,
21 (ii) of a statement made during a custodial interrogation
22 that was not recorded as required by this Section, because
23 electronic recording was not feasible, (iii) of a voluntary
24 statement, whether or not the result of a custodial
25 interrogation, that has a bearing on the credibility of the
26 accused as a witness, (iv) of a spontaneous statement that is
27 not made in response to a question, (v) of a statement made
28 after questioning that is routinely asked during the
29 processing of the arrest of the suspect, (vi) of a statement
30 made during a custodial interrogation by a suspect who
31 requests, prior to making the statement, to respond to the
32 interrogator's questions only if an electronic recording is
33 not made of the statement, provided that an electronic
34 recording is made of the statement of agreeing to respond to
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1 the interrogator's question, only if a recording is not made
2 of the statement, (vii) of a statement made during a
3 custodial interrogation that is conducted out-of-state,
4 (viii) of a statement given at a time when the interrogators
5 are unaware that a death has in fact occurred, or (ix) of any
6 other statement that may be admissible under law. The State
7 shall bear the burden of proving, by a preponderance of the
8 evidence, that one of the exceptions described in this
9 subsection (e) is applicable. Nothing in this Section
10 precludes the admission of a statement, otherwise
11 inadmissible under this Section, that is used only for
12 impeachment and not as substantive evidence.
13 (f) The presumption of inadmissibility of a statement
14 made by a suspect at a custodial interrogation may be
15 overcome by a preponderance of the evidence that the
16 statement was voluntarily given and is reliable, based on the
17 totality of the circumstances.
18 (g) Any electronic recording of any statement made by an
19 accused during a custodial interrogation that is compiled by
20 any law enforcement agency as required by this Section for
21 the purposes of fulfilling the requirements of this Section
22 shall be confidential and exempt from public inspection and
23 copying, as provided under Section 7 of the Freedom of
24 Information Act, and the information shall not be transmitted
25 to anyone except as needed to comply with this Section.
26 Section 95. The State Mandates Act is amended by adding
27 Section 8.27 as follows:
28 (30 ILCS 805/8.27 new)
29 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 for the implementation of any mandate created by this
32 amendatory Act of the 93rd General Assembly.
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1 Section 99. Effective date. Sections 5, 10, 20, and 95
2 of this Act and this Section 99 take effect upon becoming
3 law. Sections 15 and 25 of this Act take effect 2 years
4 after becoming law.".