Bill Status of HB 1057   96th General Assembly

Short Description:  CRIM CD-EAVESDROPPING EXEMPT

House Sponsors
Rep. Lisa M. Dugan-Careen M. Gordon, Dennis M. Reboletti, Jim Sacia, Ronald A. Wait, Kathleen A. Ryg and Naomi D. Jakobsson

Senate Sponsors
(Sen. Toi W. Hutchinson)


Last Action  View All Actions

DateChamber Action
  8/25/2009HousePublic Act . . . . . . . . . 96-0670

Statutes Amended In Order of Appearance
720 ILCS 5/14-3

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that the exemption from an eavesdropping violation for recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code applies to oral conversations between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer while the officer is performing his or her official duties, or utterances made by the person while an occupant of a police vehicle including, but not limited to, recordings made by in-car video cameras and recordings made in the presence of the peace officer utilizing video or audio systems, or both, authorized by the law enforcement agency (instead of a stop for an investigation of an offense under the Illinois Vehicle Code). Effective immediately.

House Floor Amendment No. 3
Deletes the substance of the bill. Provides exemptions from an eavesdropping violation: (1) 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; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose; (2) 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; and (3) 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. Provides that the law enforcement agency shall retain such 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. Provides that under no circumstances shall any recording be altered or erased prior to the expiration of the designated storage period. Provides that upon completion of the storage period, the recording medium may be erased and reissued for operational use.

Senate Floor Amendment No. 2
Deletes as an exemption from an eavesdropping violation, 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 the officer reasonably believes recordings may assist with prosecution, enhance safety, or for any other lawful purpose.

Actions 
DateChamber Action
  2/11/2009HouseFiled with the Clerk by Rep. Lisa M. Dugan
  2/11/2009HouseFirst Reading
  2/11/2009HouseReferred to Rules Committee
  2/18/2009HouseAssigned to Judiciary II - Criminal Law Committee
  2/26/2009HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
  2/26/2009HousePlaced on Calendar 2nd Reading - Short Debate
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Careen M. Gordon
  2/26/2009HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  2/26/2009HouseAdded Co-Sponsor Rep. Jim Sacia
  2/26/2009HouseAdded Co-Sponsor Rep. Ronald A. Wait
  3/12/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lisa M. Dugan
  3/12/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/18/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lisa M. Dugan
  3/18/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/30/2009HouseSecond Reading - Short Debate
  3/30/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/31/2009HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Lisa M. Dugan
  3/31/2009HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/1/2009HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/1/2009HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  4/1/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2009HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/2/2009HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/2/2009HouseThird Reading - Short Debate - Passed 117-000-000
  4/2/2009HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)
  4/2/2009HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  4/2/2009SenateArrive in Senate
  4/2/2009SenatePlaced on Calendar Order of First Reading April 21, 2009
  4/2/2009SenateChief Senate Sponsor Sen. John J. Cullerton
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/21/2009SenateAlternate Chief Sponsor Changed to Sen. Toi W. Hutchinson
  4/28/2009SenateAssigned to Criminal Law
  5/5/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  5/5/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/7/2009SenateDo Pass Criminal Law; 008-000-000
  5/7/2009SenatePlaced on Calendar Order of 2nd Reading May 12, 2009
  5/11/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Toi W. Hutchinson
  5/11/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/12/2009SenateSecond Reading
  5/12/2009SenatePlaced on Calendar Order of 3rd Reading May 13, 2009
  5/13/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/13/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 007-000-000
  5/13/2009SenateRecalled to Second Reading
  5/13/2009SenateSenate Floor Amendment No. 2 Adopted; Hutchinson
  5/13/2009SenatePlaced on Calendar Order of 3rd Reading May 14, 2009
  5/20/2009SenateThird Reading - Passed; 058-000-000
  5/20/2009SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/20/2009HouseArrived in House
  5/20/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/20/2009HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lisa M. Dugan
  5/20/2009HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2009HouseSenate Floor Amendment No. 2 House Concurs 117-000-000
  5/28/2009HousePassed Both Houses
  6/26/2009HouseSent to the Governor
  8/25/2009HouseGovernor Approved
  8/25/2009HouseEffective Date August 25, 2009
  8/25/2009HousePublic Act . . . . . . . . . 96-0670

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