Sen. A. J. Wilhelmi
Filed: 5/9/2007
 
 

 




 

 		












09500HB0039sam001

LRB095 03732 RLC 36106 a






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AMENDMENT TO HOUSE BILL 39 




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    AMENDMENT NO. ______. Amend House Bill 39 by replacing 
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lines 19 through 26 on page 4 with the following:
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    "(g-6) With approval of the State's Attorney of the county 
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in which it is to occur, recording or listening with the aid of 
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any device to any conversation where a law enforcement officer, 
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or any person acting at the direction of law enforcement, is a 
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party to the conversation and has consented to it being 
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intercepted or recorded in the course of an investigation of 
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child pornography. In all such cases, an application for an 
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order approving the previous or continuing use of an 
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eavesdropping device must be made within 48 hours of the 
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commencement of such use. In the absence of such an order, or 
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upon its denial, any continuing use shall immediately 
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terminate. The Director of State Police shall issue rules as 
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are necessary concerning the use of devices, retention of 
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recordings, and reports regarding their use.
    Any recording or 
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evidence obtained or derived in the course of an investigation 
 


 






09500HB0039sam001
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LRB095 03732 RLC 36106 a




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of child pornography shall, upon motion of the State's Attorney 
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or Attorney General prosecuting any case involving child 
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pornography, be reviewed in camera with notice to all parties 
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present by the court presiding over the criminal case, and, if 
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ruled by the court to be relevant and otherwise admissible, it 
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shall be admissible at the trial of the criminal case. Absent 
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such a ruling, any such recording or evidence shall not be 
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admissible at the trial of the criminal case;".