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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| operations by any
federal, state or local law enforcement |
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| agency or institutions dealing
in emergency services, |
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| including, but not limited to, hospitals,
clinics, ambulance |
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| services, fire fighting agencies, any public utility,
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| emergency repair facility, civilian defense establishment or |
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| military
installation;
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| (e) Recording the proceedings of any meeting required to be |
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| open by
the Open Meetings Act, as amended;
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| (f) Recording or listening with the aid of any device to |
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| incoming
telephone calls of phone lines publicly listed or |
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| advertised as consumer
"hotlines" by manufacturers or |
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| retailers of food and drug products. Such
recordings must be |
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| destroyed, erased or turned over to local law
enforcement |
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| authorities within 24 hours from the time of such recording and
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| shall not be otherwise disseminated. Failure on the part of the |
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| individual
or business operating any such recording or |
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| listening device to comply with
the requirements of this |
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| subsection shall eliminate any civil or criminal
immunity |
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| conferred upon that individual or business by the operation of
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| this Section;
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| (g) With prior notification to the State's Attorney of the
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| county in which
it is to occur, recording or listening with the |
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| aid of any device to any
conversation
where a law enforcement |
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| officer, or any person acting at the direction of law
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| enforcement, is a party to the conversation and has consented |
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| to it being
intercepted or recorded under circumstances where |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| the use of the device is
necessary for the protection of the |
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| law enforcement officer or any person
acting at the direction |
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| of law enforcement, in the course of an
investigation
of a |
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| forcible felony, a felony violation of the Illinois Controlled |
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| Substances
Act, a felony violation of the Cannabis Control Act, |
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| a felony violation of the Methamphetamine Control and Community |
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| Protection Act, or any "streetgang
related" or "gang-related" |
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| felony as those terms are defined in the Illinois
Streetgang |
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| Terrorism Omnibus Prevention Act.
Any recording or evidence |
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| derived
as the
result of this exemption shall be inadmissible |
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| in any proceeding, criminal,
civil or
administrative, except |
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| (i) where a party to the conversation suffers great
bodily |
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| injury or is killed during such conversation, or
(ii)
when used |
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| as direct impeachment of a witness concerning matters contained |
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| in
the interception or recording. The Director of the
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| Department of
State Police shall issue regulations as are |
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| necessary concerning the use of
devices, retention of tape |
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| recordings, and reports regarding their
use;
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| (g-5) 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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| any
offense defined in Article 29D of this Code.
In all such |
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| cases, an application for an order approving
the previous or |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| continuing use of an eavesdropping
device must be made within |
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| 48 hours of the commencement of
such use. In the absence of |
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| such an order, or upon its denial,
any continuing use shall |
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| immediately terminate.
The Director of
State Police shall issue |
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| rules as are necessary concerning the use of
devices, retention |
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| of tape recordings, and reports regarding their use.
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| Any recording or evidence obtained or derived in the course |
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| of an
investigation of any offense defined in Article 29D of |
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| this Code shall, upon
motion of the State's Attorney or |
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| Attorney General prosecuting any violation of
Article 29D, be |
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| reviewed in camera with notice to all parties present by the
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| court presiding over the criminal
case, and, if ruled by the |
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| court to be relevant and otherwise admissible,
it shall be |
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| admissible at the trial of the criminal
case.
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| This subsection (g-5) is inoperative on and after January |
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| 1, 2005.
No conversations recorded or monitored pursuant to |
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| this subsection (g-5)
shall be inadmissible in a court of law |
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| by virtue of the repeal of this
subsection (g-5) on January 1, |
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| 2005;
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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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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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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 |
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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; |
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| (h) Recordings made simultaneously with a video recording |
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| of an oral
conversation between a peace officer, who has |
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| identified his or her office, and
a person stopped for an |
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| investigation of an offense under the Illinois Vehicle
Code;
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| (i) Recording of a conversation made by or at the request |
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| of a person, not a
law enforcement officer or agent of a law |
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| enforcement officer, who is a party
to the conversation, under |
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| reasonable suspicion that another party to the
conversation is |
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| committing, is about to commit, or has committed a criminal
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| offense against the person or a member of his or her immediate |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| household, and
there is reason to believe that evidence of the |
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| criminal offense may be
obtained by the recording;
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| (j) The use of a telephone monitoring device by either (1) |
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| a
corporation or other business entity engaged in marketing or |
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| opinion research
or (2) a corporation or other business entity |
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| engaged in telephone
solicitation, as
defined in this |
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| subsection, to record or listen to oral telephone solicitation
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| conversations or marketing or opinion research conversations |
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| by an employee of
the corporation or other business entity |
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| when:
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| (i) the monitoring is used for the purpose of service |
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| quality control of
marketing or opinion research or |
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| telephone solicitation, the education or
training of |
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| employees or contractors
engaged in marketing or opinion |
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| research or telephone solicitation, or internal
research |
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| related to marketing or
opinion research or telephone
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| solicitation; and
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| (ii) the monitoring is used with the consent of at |
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| least one person who
is an active party to the marketing or |
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| opinion research conversation or
telephone solicitation |
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| conversation being
monitored.
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| No communication or conversation or any part, portion, or |
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| aspect of the
communication or conversation made, acquired, or |
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| obtained, directly or
indirectly,
under this exemption (j), may |
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| be, directly or indirectly, furnished to any law
enforcement |
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| officer, agency, or official for any purpose or used in any |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| inquiry
or investigation, or used, directly or indirectly, in |
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| any administrative,
judicial, or other proceeding, or divulged |
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| to any third party.
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| When recording or listening authorized by this subsection |
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| (j) on telephone
lines used for marketing or opinion research |
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| or telephone solicitation purposes
results in recording or
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| listening to a conversation that does not relate to marketing |
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| or opinion
research or telephone solicitation; the
person |
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| recording or listening shall, immediately upon determining |
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| that the
conversation does not relate to marketing or opinion |
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| research or telephone
solicitation, terminate the recording
or |
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| listening and destroy any such recording as soon as is |
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| practicable.
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| Business entities that use a telephone monitoring or |
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| telephone recording
system pursuant to this exemption (j) shall |
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| provide current and prospective
employees with notice that the |
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| monitoring or recordings may occur during the
course of their |
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| employment. The notice shall include prominent signage
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| notification within the workplace.
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| Business entities that use a telephone monitoring or |
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| telephone recording
system pursuant to this exemption (j) shall |
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| provide their employees or agents
with access to personal-only |
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| telephone lines which may be pay telephones, that
are not |
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| subject to telephone monitoring or telephone recording.
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| For the purposes of this subsection (j), "telephone |
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| solicitation" means a
communication through the use of a |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| telephone by live operators:
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| (i) soliciting the sale of goods or services;
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| (ii) receiving orders for the sale of goods or |
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| services;
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| (iii) assisting in the use of goods or services; or
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| (iv) engaging in the solicitation, administration, or |
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| collection of bank
or
retail credit accounts.
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| For the purposes of this subsection (j), "marketing or |
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| opinion research"
means
a marketing or opinion research |
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| interview conducted by a live telephone
interviewer engaged by |
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| a corporation or other business entity whose principal
business |
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| is the design, conduct, and analysis of polls and surveys |
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| measuring
the
opinions, attitudes, and responses of |
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| respondents toward products and services,
or social or |
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| political issues, or both;
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| (k) Electronic recordings, including but not limited to, a |
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| motion picture,
videotape, digital, or other visual or audio |
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| recording, made of a custodial
interrogation of an individual |
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| at a police station or other place of detention
by a law |
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| enforcement officer under Section 5-401.5 of the Juvenile Court |
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| Act of
1987 or Section 103-2.1 of the Code of Criminal |
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| Procedure of 1963; |
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| (l) Recording the interview or statement of any person when |
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| the person
knows that the interview is being conducted by a law |
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| enforcement officer or
prosecutor and the interview takes place |
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| at a police station that is currently
participating in the |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| Custodial Interview Pilot Program established under the
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| Illinois Criminal Justice Information Act; and
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| (m) An electronic recording, including but not limited to, |
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| a motion picture,
videotape, digital, or other visual or audio |
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| recording, made of the interior of a school bus while the |
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| school bus is being used in the transportation of students to |
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| and from school and school-sponsored activities, when the |
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| school board has adopted a policy authorizing such recording, |
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| notice of such recording policy is included in student |
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| handbooks and other documents including the policies of the |
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| school, notice of the policy regarding recording is provided to |
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| parents of students, and notice of such recording is clearly |
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| posted on the door of and inside the school bus.
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| Recordings made pursuant to this subsection (m) shall be |
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| confidential records and may only be used by school officials |
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| (or their designees) and law enforcement personnel for |
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| investigations, school disciplinary actions and hearings, |
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| proceedings under the Juvenile Court Act of 1987, and criminal |
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| prosecutions, related to incidents occurring in or around the |
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| school bus ; . |
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| (n)
(m) Recording or listening to an audio transmission |
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| from a microphone placed by a person under the authority of a |
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| law enforcement agency inside a bait car surveillance vehicle |
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| while simultaneously capturing a photographic or video image ; .
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| (o) With prior notification to and verbal approval of the |
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| State's Attorney or his or her designee of the county in which |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| the conversation is anticipated to occur, recording or |
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| listening with the aid of an eavesdropping device to a |
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| conversation in which a law enforcement officer, or any person |
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| acting at the direction of a law enforcement officer, is a |
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| party to an undercover conversation and has consented to the |
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| conversation being intercepted or recorded in the course of an |
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| investigation of a felony violation of the Illinois Controlled |
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| Substance Act, a felony violation of the Cannabis Control Act, |
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| or a felony violation of the Methamphetamine Control and |
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| Community Protection Act. Whenever any wire, electronic, or |
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| oral communication has been intercepted as a result of this |
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| exception that is not related to felony violations of the |
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| Illinois Controlled Substance Act, felony violations of the |
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| Cannabis Control Act, or felony violations of the |
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| Methamphetamine Control and Community Protection Act and |
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| conspiracies related to violations of any of those Acts, no |
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| part of the contents of the communication and no evidence |
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| derived from the communication may be received in evidence in |
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| any trial, hearing, or other proceeding in or before any court, |
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| grand jury, department, officer, agency, regulatory body, |
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| legislative committee, or other authority of this State, or a |
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| political subdivision of this State if the disclosure of that |
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| information would be in violation of this Article unless the |
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| violation involves a forcible felony. The Director of State |
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| Police shall issue rules as necessary concerning the use of |
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| devices, retention of recording media, and reports regarding |
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HB4964 Engrossed |
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LRB095 18221 RLC 44305 b |
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| their use; and |
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| (p) The use of eavesdropping cameras or audio devices |
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| intended to ensure the safety of the general public or any law |
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| enforcement officer in incidents involving hostages or |
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| barricaded subjects. |
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |