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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by adding | ||||||||||||||||||||||||||
5 | Section 11-501.10 as follows: | ||||||||||||||||||||||||||
6 | (625 ILCS 5/11-501.10 new) | ||||||||||||||||||||||||||
7 | Sec. 11-501.10. Audio and video recording. | ||||||||||||||||||||||||||
8 | (a) Definitions. As used in this Section: | ||||||||||||||||||||||||||
9 | "Audio recording" means the recorded conversation | ||||||||||||||||||||||||||
10 | between an officer and a second party. | ||||||||||||||||||||||||||
11 | "Emergency lights" means oscillating, rotating, or | ||||||||||||||||||||||||||
12 | flashing lights on patrol vehicles. | ||||||||||||||||||||||||||
13 | "Enforcement stop" means an action by a law enforcement | ||||||||||||||||||||||||||
14 | officer in relation to enforcement and investigation | ||||||||||||||||||||||||||
15 | duties, including but not limited to, traffic stops,
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16 | pedestrian stops, abandoned vehicle contacts, motorist | ||||||||||||||||||||||||||
17 | assists, commercial motor vehicle stops, roadside safety | ||||||||||||||||||||||||||
18 | checks, requests for identification, or responses to
| ||||||||||||||||||||||||||
19 | requests for emergency assistance. | ||||||||||||||||||||||||||
20 | "In-car video camera" means a video camera located in a | ||||||||||||||||||||||||||
21 | law enforcement patrol vehicle. | ||||||||||||||||||||||||||
22 | "In-car video camera recording equipment" means a | ||||||||||||||||||||||||||
23 | video camera recording system located in a law enforcement |
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| |||||||
1 | patrol vehicle consisting of a camera assembly, recording | ||||||
2 | mechanism, and an in-car video recording medium. | ||||||
3 | "Recording" means the process of capturing data or | ||||||
4 | information stored on a recording medium to include both | ||||||
5 | audio and video as required under this Section. | ||||||
6 | "Recording medium" means any recording medium | ||||||
7 | authorized by a law enforcement agency for the retention | ||||||
8 | and playback of recorded audio and video including, but not | ||||||
9 | limited to, VHS, DVD, hard drive, solid state, digital, or | ||||||
10 | flash memory technology. | ||||||
11 | "Wireless microphone" means a device worn by the | ||||||
12 | officer or any other equipment used to record conversations | ||||||
13 | between the officer and a second party and transmitted to | ||||||
14 | the recording equipment. | ||||||
15 | (b) On or before July 1, 2015, all law enforcement agencies | ||||||
16 | shall install in-car video camera recording equipment in all | ||||||
17 | patrol vehicles. All patrol vehicles shall be equipped with | ||||||
18 | in-car video camera recording equipment with a recording medium | ||||||
19 | capable of recording for 10 hours or more. In-car video camera | ||||||
20 | recording equipment shall be capable of making audio recordings | ||||||
21 | with the assistance of a wireless microphone. | ||||||
22 | (c) In-car video camera recording equipment with a | ||||||
23 | recording medium shall record activities outside a patrol | ||||||
24 | vehicle in the following circumstances: | ||||||
25 | (1) Recording for an enforcement stop shall begin when | ||||||
26 | the officer determines an enforcement stop is necessary and |
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| |||||||
1 | shall continue until the enforcement action has been | ||||||
2 | completed, provided that, in the event the enforcement stop | ||||||
3 | involves an investigation for a violation of Section 11-501 | ||||||
4 | of this Code or a similar provision of a local ordinance, | ||||||
5 | the recording shall include any field sobriety tests | ||||||
6 | administered, including the administration of a portable | ||||||
7 | breath test under Section 11-501.5 of this Code. | ||||||
8 | (2) Recording shall begin when patrol vehicle | ||||||
9 | emergency lights are activated or when they would otherwise | ||||||
10 | be activated if not for the need to conceal the presence of | ||||||
11 | law enforcement, and shall continue until the reason for | ||||||
12 | the activation ceases to exist, regardless of whether the | ||||||
13 | emergency lights are no longer activated and, in the event | ||||||
14 | of an arrest may not conclude before the subject is | ||||||
15 | transported and leaves the vehicle. | ||||||
16 | (3) An officer may also begin recording if the officer | ||||||
17 | reasonably believes recording may assist with a | ||||||
18 | prosecution, enhance safety, or for any other lawful | ||||||
19 | purpose; and shall continue until the reason for recording | ||||||
20 | ceases to exist. | ||||||
21 | (d) In-car video camera recording equipment with a | ||||||
22 | recording medium shall record activities inside the vehicle | ||||||
23 | when transporting an arrestee or when an officer reasonably | ||||||
24 | believes recording may assist with a prosecution, enhance | ||||||
25 | safety, or for any other lawful purpose. | ||||||
26 | (e) In-car video camera recording equipment with a |
| |||||||
| |||||||
1 | recording medium capable of recording 10 hours or more shall | ||||||
2 | record activities whenever a patrol vehicle is assigned to | ||||||
3 | patrol duty. | ||||||
4 | (f) Any enforcement stop resulting from a suspected | ||||||
5 | violation of the Illinois Vehicle Code shall be video and audio | ||||||
6 | recorded. Audio recording shall terminate upon release of the | ||||||
7 | violator. | ||||||
8 | (g) If the subject of the enforcement stop is charged with | ||||||
9 | a violation of Section 11-501 of this Code or a similar | ||||||
10 | provision of a local ordinance, the law enforcement agency | ||||||
11 | shall video and audio record the administration of the warning | ||||||
12 | to the motorist under Section 11-501.1 of this Code, the | ||||||
13 | 20-minute observation period before the administration of any | ||||||
14 | breath test, and the administration of a breath test under | ||||||
15 | Section 11-501.2 of this Code or the person's refusal to submit | ||||||
16 | to testing. | ||||||
17 | (h) Recordings shall be retained by the law enforcement | ||||||
18 | agency for a storage period of at least 90 days. Under no | ||||||
19 | circumstances shall any recording be altered or erased prior to | ||||||
20 | the expiration of the designated storage period. Upon | ||||||
21 | completion of the storage period, the recording medium may be | ||||||
22 | erased and reissued for operational use unless otherwise | ||||||
23 | ordered by the supervisor or his or her designee or by a court, | ||||||
24 | or if designated for evidentiary or training purposes. Provided | ||||||
25 | that, if the enforcement stop results in an arrest for | ||||||
26 | violation of Section 11-501 of this Code or a similar provision |
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| |||||||
1 | of a local ordinance, all recordings required under this | ||||||
2 | Section shall be retained until such time as the criminal | ||||||
3 | proceedings have terminated or as otherwise required by court | ||||||
4 | order, whichever is longer. | ||||||
5 | (i) Audio or video recordings made under this Section shall | ||||||
6 | be available under the applicable provisions of the Freedom of | ||||||
7 | Information Act. Only recorded portions of the audio recording | ||||||
8 | or video recording medium applicable to the request
shall be | ||||||
9 | available for inspection or copying. The recordings shall also | ||||||
10 | be subject to subpoena when the law enforcement stop has | ||||||
11 | resulted in the filing of a criminal complaint. | ||||||
12 | (j) The law enforcement agency shall ensure proper care and | ||||||
13 | maintenance of in-car video camera recording equipment and | ||||||
14 | recording medium and breath site video recording equipment and | ||||||
15 | recording medium as provided in subsection (g) of this Section. | ||||||
16 | An officer operating a patrol vehicle must immediately document | ||||||
17 | and notify a supervisor or his or her designee of any technical | ||||||
18 | difficulties, failures, or problems with the in-car video | ||||||
19 | camera recording equipment or recording medium or breath site | ||||||
20 | video recording equipment and recording medium. Upon receiving | ||||||
21 | notice, the supervisor or his or her designee shall make every | ||||||
22 | reasonable effort to correct and repair the in-car video camera | ||||||
23 | recording equipment or recording medium or breath site video | ||||||
24 | recording equipment or recording medium and further, determine | ||||||
25 | if it is in the public interest to permit the use of the patrol | ||||||
26 | vehicle or breath test equipment. |
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| |||||||
1 | (k) The law enforcement agency may assess the person | ||||||
2 | requesting a copy of any recording made under this Section a | ||||||
3 | fee not to exceed $25 to recover the reasonable costs | ||||||
4 | associated with complying with the request. This fee may be | ||||||
5 | waived if the requesting party is found to be indigent by the | ||||||
6 | court. | ||||||
7 | (l) The Department of State Police may adopt rules to | ||||||
8 | implement this Act. | ||||||
9 | Section 10. The Criminal Code of 2012 is amended by | ||||||
10 | changing Section 14-3 as follows: | ||||||
11 | (720 ILCS 5/14-3) | ||||||
12 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
13 | exempt from the provisions of this Article: | ||||||
14 | (a) Listening to radio, wireless electronic | ||||||
15 | communications, and television communications of
any sort | ||||||
16 | where the same are publicly made; | ||||||
17 | (b) Hearing conversation when heard by employees of any | ||||||
18 | common
carrier by wire incidental to the normal course of their | ||||||
19 | employment in
the operation, maintenance or repair of the | ||||||
20 | equipment of such common
carrier by wire so long as no | ||||||
21 | information obtained thereby is used or
divulged by the hearer; | ||||||
22 | (c) Any broadcast by radio, television or otherwise whether | ||||||
23 | it be a
broadcast or recorded for the purpose of later | ||||||
24 | broadcasts of any
function where the public is in attendance |
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| |||||||
1 | and the conversations are
overheard incidental to the main | ||||||
2 | purpose for which such broadcasts are
then being made; | ||||||
3 | (d) Recording or listening with the aid of any device to | ||||||
4 | any
emergency communication made in the normal course of | ||||||
5 | operations by any
federal, state or local law enforcement | ||||||
6 | agency or institutions dealing
in emergency services, | ||||||
7 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
8 | services, fire fighting agencies, any public utility,
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9 | emergency repair facility, civilian defense establishment or | ||||||
10 | military
installation; | ||||||
11 | (e) Recording the proceedings of any meeting required to be | ||||||
12 | open by
the Open Meetings Act, as amended; | ||||||
13 | (f) Recording or listening with the aid of any device to | ||||||
14 | incoming
telephone calls of phone lines publicly listed or | ||||||
15 | advertised as consumer
"hotlines" by manufacturers or | ||||||
16 | retailers of food and drug products. Such
recordings must be | ||||||
17 | destroyed, erased or turned over to local law
enforcement | ||||||
18 | authorities within 24 hours from the time of such recording and
| ||||||
19 | shall not be otherwise disseminated. Failure on the part of the | ||||||
20 | individual
or business operating any such recording or | ||||||
21 | listening device to comply with
the requirements of this | ||||||
22 | subsection shall eliminate any civil or criminal
immunity | ||||||
23 | conferred upon that individual or business by the operation of
| ||||||
24 | this Section; | ||||||
25 | (g) With prior notification to the State's Attorney of the
| ||||||
26 | county in which
it is to occur, recording or listening with the |
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| |||||||
1 | aid of any device to any
conversation
where a law enforcement | ||||||
2 | officer, or any person acting at the direction of law
| ||||||
3 | enforcement, is a party to the conversation and has consented | ||||||
4 | to it being
intercepted or recorded under circumstances where | ||||||
5 | the use of the device is
necessary for the protection of the | ||||||
6 | law enforcement officer or any person
acting at the direction | ||||||
7 | of law enforcement, in the course of an
investigation
of a | ||||||
8 | forcible felony, a felony offense of involuntary servitude, | ||||||
9 | involuntary sexual servitude of a minor, or trafficking in | ||||||
10 | persons under Section 10-9 of this Code, an offense involving | ||||||
11 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
12 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
13 | felony violation of the Cannabis Control Act, a felony | ||||||
14 | violation of the Methamphetamine Control and Community | ||||||
15 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
16 | felony as those terms are defined in the Illinois
Streetgang | ||||||
17 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
18 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
19 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
20 | evidence derived
as the
result of this exemption shall be | ||||||
21 | inadmissible in any proceeding, criminal,
civil or
| ||||||
22 | administrative, except (i) where a party to the conversation | ||||||
23 | suffers great
bodily injury or is killed during such | ||||||
24 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
25 | witness concerning matters contained in
the interception or | ||||||
26 | recording. The Director of the
Department of
State Police shall |
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1 | issue regulations as are necessary concerning the use of
| ||||||
2 | devices, retention of tape recordings, and reports regarding | ||||||
3 | their
use; | ||||||
4 | (g-5) (Blank); | ||||||
5 | (g-6) With approval of the State's Attorney of the county | ||||||
6 | in which it is to occur, recording or listening with the aid of | ||||||
7 | any device to any conversation where a law enforcement officer, | ||||||
8 | or any person acting at the direction of law enforcement, is a | ||||||
9 | party to the conversation and has consented to it being | ||||||
10 | intercepted or recorded in the course of an investigation of | ||||||
11 | child pornography, aggravated child pornography, indecent | ||||||
12 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
13 | of a child, aggravated criminal sexual abuse in which the | ||||||
14 | victim of the offense was at the time of the commission of the | ||||||
15 | offense under 18 years of age, or criminal sexual abuse by | ||||||
16 | force or threat of force in which the victim of the offense was | ||||||
17 | at the time of the commission of the offense under 18 years of | ||||||
18 | age. In all such cases, an application for an order approving | ||||||
19 | the previous or continuing use of an eavesdropping device must | ||||||
20 | be made within 48 hours of the commencement of such use. In the | ||||||
21 | absence of such an order, or upon its denial, any continuing | ||||||
22 | use shall immediately terminate. The Director of State Police | ||||||
23 | shall issue rules as are necessary concerning the use of | ||||||
24 | devices, retention of recordings, and reports regarding their | ||||||
25 | use.
Any recording or evidence obtained or derived in the | ||||||
26 | course of an investigation of child pornography, aggravated |
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1 | child pornography, indecent solicitation of a child, luring of | ||||||
2 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
3 | sexual abuse in which the victim of the offense was at the time | ||||||
4 | of the commission of the offense under 18 years of age, or | ||||||
5 | criminal sexual abuse by force or threat of force in which the | ||||||
6 | victim of the offense was at the time of the commission of the | ||||||
7 | offense under 18 years of age shall, upon motion of the State's | ||||||
8 | Attorney or Attorney General prosecuting any case involving | ||||||
9 | child pornography, aggravated child pornography, indecent | ||||||
10 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
11 | of a child, aggravated criminal sexual abuse in which the | ||||||
12 | victim of the offense was at the time of the commission of the | ||||||
13 | offense under 18 years of age, or criminal sexual abuse by | ||||||
14 | force or threat of force in which the victim of the offense was | ||||||
15 | at the time of the commission of the offense under 18 years of | ||||||
16 | age be reviewed in camera with notice to all parties present by | ||||||
17 | the court presiding over the criminal case, and, if ruled by | ||||||
18 | the court to be relevant and otherwise admissible, it shall be | ||||||
19 | admissible at the trial of the criminal case. Absent such a | ||||||
20 | ruling, any such recording or evidence shall not be admissible | ||||||
21 | at the trial of the criminal case; | ||||||
22 | (h) Recordings made simultaneously with the use of an | ||||||
23 | in-car video camera recording of an oral
conversation between a | ||||||
24 | uniformed peace officer, who has identified his or her office, | ||||||
25 | and
a person in the presence of the peace officer whenever (i) | ||||||
26 | an officer assigned a patrol vehicle is conducting an |
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| |||||||
1 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
2 | activated or would otherwise be activated if not for the need | ||||||
3 | to conceal the presence of law enforcement. | ||||||
4 | For the purposes of this subsection (h), "enforcement stop" | ||||||
5 | means an action by a law enforcement officer in relation to | ||||||
6 | enforcement and investigation duties, including but not | ||||||
7 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
8 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
9 | roadside safety checks, requests for identification, or | ||||||
10 | responses to requests for emergency assistance; | ||||||
11 | (h-5) Recordings of utterances made by a person while in | ||||||
12 | the presence of a uniformed peace officer and while an occupant | ||||||
13 | of a police vehicle including, but not limited to, (i) | ||||||
14 | recordings made simultaneously with the use of an in-car video | ||||||
15 | camera and (ii) recordings made in the presence of the peace | ||||||
16 | officer utilizing video or audio systems, or both, authorized | ||||||
17 | by the law enforcement agency; | ||||||
18 | (h-10) Recordings made simultaneously with a video camera | ||||||
19 | recording during
the use of a taser or similar weapon or device | ||||||
20 | by a peace officer if the weapon or device is equipped with | ||||||
21 | such camera; | ||||||
22 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
23 | (h-10) , or (h-20) shall be retained by the law enforcement | ||||||
24 | agency that employs the peace officer who made the recordings | ||||||
25 | for a storage period of 90 days, unless the recordings are made | ||||||
26 | as a part of an arrest or the recordings are deemed evidence in |
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| |||||||
1 | any criminal, civil, or administrative proceeding and then the | ||||||
2 | recordings must only be destroyed upon a final disposition and | ||||||
3 | an order from the court. Under no circumstances shall any | ||||||
4 | recording be altered or erased prior to the expiration of the | ||||||
5 | designated storage period. Upon completion of the storage | ||||||
6 | period, the recording medium may be erased and reissued for | ||||||
7 | operational use; | ||||||
8 | (h-20) Recordings of activities at an evidentiary breath | ||||||
9 | alcohol test site made under Section 11-501.10 of the Illinois | ||||||
10 | Vehicle Code; | ||||||
11 | (i) Recording of a conversation made by or at the request | ||||||
12 | of a person, not a
law enforcement officer or agent of a law | ||||||
13 | enforcement officer, who is a party
to the conversation, under | ||||||
14 | reasonable suspicion that another party to the
conversation is | ||||||
15 | committing, is about to commit, or has committed a criminal
| ||||||
16 | offense against the person or a member of his or her immediate | ||||||
17 | household, and
there is reason to believe that evidence of the | ||||||
18 | criminal offense may be
obtained by the recording; | ||||||
19 | (j) The use of a telephone monitoring device by either (1) | ||||||
20 | a
corporation or other business entity engaged in marketing or | ||||||
21 | opinion research
or (2) a corporation or other business entity | ||||||
22 | engaged in telephone
solicitation, as
defined in this | ||||||
23 | subsection, to record or listen to oral telephone solicitation
| ||||||
24 | conversations or marketing or opinion research conversations | ||||||
25 | by an employee of
the corporation or other business entity | ||||||
26 | when: |
| |||||||
| |||||||
1 | (i) the monitoring is used for the purpose of service | ||||||
2 | quality control of
marketing or opinion research or | ||||||
3 | telephone solicitation, the education or
training of | ||||||
4 | employees or contractors
engaged in marketing or opinion | ||||||
5 | research or telephone solicitation, or internal
research | ||||||
6 | related to marketing or
opinion research or telephone
| ||||||
7 | solicitation; and | ||||||
8 | (ii) the monitoring is used with the consent of at | ||||||
9 | least one person who
is an active party to the marketing or | ||||||
10 | opinion research conversation or
telephone solicitation | ||||||
11 | conversation being
monitored. | ||||||
12 | No communication or conversation or any part, portion, or | ||||||
13 | aspect of the
communication or conversation made, acquired, or | ||||||
14 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
15 | be, directly or indirectly, furnished to any law
enforcement | ||||||
16 | officer, agency, or official for any purpose or used in any | ||||||
17 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
18 | any administrative,
judicial, or other proceeding, or divulged | ||||||
19 | to any third party. | ||||||
20 | When recording or listening authorized by this subsection | ||||||
21 | (j) on telephone
lines used for marketing or opinion research | ||||||
22 | or telephone solicitation purposes
results in recording or
| ||||||
23 | listening to a conversation that does not relate to marketing | ||||||
24 | or opinion
research or telephone solicitation; the
person | ||||||
25 | recording or listening shall, immediately upon determining | ||||||
26 | that the
conversation does not relate to marketing or opinion |
| |||||||
| |||||||
1 | research or telephone
solicitation, terminate the recording
or | ||||||
2 | listening and destroy any such recording as soon as is | ||||||
3 | practicable. | ||||||
4 | Business entities that use a telephone monitoring or | ||||||
5 | telephone recording
system pursuant to this exemption (j) shall | ||||||
6 | provide current and prospective
employees with notice that the | ||||||
7 | monitoring or recordings may occur during the
course of their | ||||||
8 | employment. The notice shall include prominent signage
| ||||||
9 | notification within the workplace. | ||||||
10 | Business entities that use a telephone monitoring or | ||||||
11 | telephone recording
system pursuant to this exemption (j) shall | ||||||
12 | provide their employees or agents
with access to personal-only | ||||||
13 | telephone lines which may be pay telephones, that
are not | ||||||
14 | subject to telephone monitoring or telephone recording. | ||||||
15 | For the purposes of this subsection (j), "telephone | ||||||
16 | solicitation" means a
communication through the use of a | ||||||
17 | telephone by live operators: | ||||||
18 | (i) soliciting the sale of goods or services; | ||||||
19 | (ii) receiving orders for the sale of goods or | ||||||
20 | services; | ||||||
21 | (iii) assisting in the use of goods or services; or | ||||||
22 | (iv) engaging in the solicitation, administration, or | ||||||
23 | collection of bank
or
retail credit accounts. | ||||||
24 | For the purposes of this subsection (j), "marketing or | ||||||
25 | opinion research"
means
a marketing or opinion research | ||||||
26 | interview conducted by a live telephone
interviewer engaged by |
| |||||||
| |||||||
1 | a corporation or other business entity whose principal
business | ||||||
2 | is the design, conduct, and analysis of polls and surveys | ||||||
3 | measuring
the
opinions, attitudes, and responses of | ||||||
4 | respondents toward products and services,
or social or | ||||||
5 | political issues, or both; | ||||||
6 | (k) Electronic recordings, including but not limited to, a | ||||||
7 | motion picture,
videotape, digital, or other visual or audio | ||||||
8 | recording, made of a custodial
interrogation of an individual | ||||||
9 | at a police station or other place of detention
by a law | ||||||
10 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
11 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
12 | Procedure of 1963; | ||||||
13 | (l) Recording the interview or statement of any person when | ||||||
14 | the person
knows that the interview is being conducted by a law | ||||||
15 | enforcement officer or
prosecutor and the interview takes place | ||||||
16 | at a police station that is currently
participating in the | ||||||
17 | Custodial Interview Pilot Program established under the
| ||||||
18 | Illinois Criminal Justice Information Act; | ||||||
19 | (m) An electronic recording, including but not limited to, | ||||||
20 | a motion picture,
videotape, digital, or other visual or audio | ||||||
21 | recording, made of the interior of a school bus while the | ||||||
22 | school bus is being used in the transportation of students to | ||||||
23 | and from school and school-sponsored activities, when the | ||||||
24 | school board has adopted a policy authorizing such recording, | ||||||
25 | notice of such recording policy is included in student | ||||||
26 | handbooks and other documents including the policies of the |
| |||||||
| |||||||
1 | school, notice of the policy regarding recording is provided to | ||||||
2 | parents of students, and notice of such recording is clearly | ||||||
3 | posted on the door of and inside the school bus.
| ||||||
4 | Recordings made pursuant to this subsection (m) shall be | ||||||
5 | confidential records and may only be used by school officials | ||||||
6 | (or their designees) and law enforcement personnel for | ||||||
7 | investigations, school disciplinary actions and hearings, | ||||||
8 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
9 | prosecutions, related to incidents occurring in or around the | ||||||
10 | school bus; | ||||||
11 | (n)
Recording or listening to an audio transmission from a | ||||||
12 | microphone placed by a person under the authority of a law | ||||||
13 | enforcement agency inside a bait car surveillance vehicle while | ||||||
14 | simultaneously capturing a photographic or video image; | ||||||
15 | (o) The use of an eavesdropping camera or audio device | ||||||
16 | during an ongoing hostage or barricade situation by a law | ||||||
17 | enforcement officer or individual acting on behalf of a law | ||||||
18 | enforcement officer when the use of such device is necessary to | ||||||
19 | protect the safety of the general public, hostages, or law | ||||||
20 | enforcement officers or anyone acting on their behalf; | ||||||
21 | (p) Recording or listening with the aid of any device to | ||||||
22 | incoming telephone calls of phone lines publicly listed or | ||||||
23 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
24 | where the notice of recording is given at the beginning of each | ||||||
25 | call as required by Section 34-21.8 of the School Code. The | ||||||
26 | recordings may be retained only by the Chicago Police |
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1 | Department or other law enforcement authorities, and shall not | ||||||
2 | be otherwise retained or disseminated; | ||||||
3 | (q)(1) With prior request to and written or verbal approval | ||||||
4 | of the State's Attorney of the county in which the conversation | ||||||
5 | is anticipated to occur, recording or listening with the aid of | ||||||
6 | an eavesdropping device to a conversation in which a law | ||||||
7 | enforcement officer, or any person acting at the direction of a | ||||||
8 | law enforcement officer, is a party to the conversation and has | ||||||
9 | consented to the conversation being intercepted or recorded in | ||||||
10 | the course of an investigation of a qualified offense. The | ||||||
11 | State's Attorney may grant this approval only after determining | ||||||
12 | that reasonable cause exists to believe that inculpatory | ||||||
13 | conversations concerning a qualified offense will occur with a | ||||||
14 | specified individual or individuals within a designated period | ||||||
15 | of time. | ||||||
16 | (2) Request for approval. To invoke the exception contained | ||||||
17 | in this subsection (q), a law enforcement officer shall make a | ||||||
18 | request for approval to the appropriate State's Attorney. The | ||||||
19 | request may be written or verbal; however, a written | ||||||
20 | memorialization of the request must be made by the State's | ||||||
21 | Attorney. This request for approval shall include whatever | ||||||
22 | information is deemed necessary by the State's Attorney but | ||||||
23 | shall include, at a minimum, the following information about | ||||||
24 | each specified individual whom the law enforcement officer | ||||||
25 | believes will commit a qualified offense: | ||||||
26 | (A) his or her full or partial name, nickname or alias; |
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1 | (B) a physical description; or | ||||||
2 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
3 | any other supporting information known to the law | ||||||
4 | enforcement officer at the time of the request that gives | ||||||
5 | rise to reasonable cause to believe that the specified | ||||||
6 | individual will participate in an inculpatory conversation | ||||||
7 | concerning a qualified offense. | ||||||
8 | (3) Limitations on approval. Each written approval by the | ||||||
9 | State's Attorney under this subsection (q) shall be limited to: | ||||||
10 | (A) a recording or interception conducted by a | ||||||
11 | specified law enforcement officer or person acting at the | ||||||
12 | direction of a law enforcement officer; | ||||||
13 | (B) recording or intercepting conversations with the | ||||||
14 | individuals specified in the request for approval, | ||||||
15 | provided that the verbal approval shall be deemed to | ||||||
16 | include the recording or intercepting of conversations | ||||||
17 | with other individuals, unknown to the law enforcement | ||||||
18 | officer at the time of the request for approval, who are | ||||||
19 | acting in conjunction with or as co-conspirators with the | ||||||
20 | individuals specified in the request for approval in the | ||||||
21 | commission of a qualified offense; | ||||||
22 | (C) a reasonable period of time but in no event longer | ||||||
23 | than 24 consecutive hours; | ||||||
24 | (D) the written request for approval, if applicable, or | ||||||
25 | the written memorialization must be filed, along with the | ||||||
26 | written approval, with the circuit clerk of the |
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1 | jurisdiction on the next business day following the | ||||||
2 | expiration of the authorized period of time, and shall be | ||||||
3 | subject to review by the Chief Judge or his or her designee | ||||||
4 | as deemed appropriate by the court. | ||||||
5 | (3.5) The written memorialization of the request for | ||||||
6 | approval and the written approval by the State's Attorney may | ||||||
7 | be in any format, including via facsimile, email, or otherwise, | ||||||
8 | so long as it is capable of being filed with the circuit clerk. | ||||||
9 | (3.10) Beginning March 1, 2015, each State's Attorney shall | ||||||
10 | annually submit a report to the General Assembly disclosing: | ||||||
11 | (A) the number of requests for each qualified offense | ||||||
12 | for approval under this subsection; and | ||||||
13 | (B) the number of approvals for each qualified offense | ||||||
14 | given by the State's Attorney. | ||||||
15 | (4) Admissibility of evidence. No part of the contents of | ||||||
16 | any wire, electronic, or oral communication that has been | ||||||
17 | recorded or intercepted as a result of this exception may be | ||||||
18 | received in evidence in any trial, hearing, or other proceeding | ||||||
19 | in or before any court, grand jury, department, officer, | ||||||
20 | agency, regulatory body, legislative committee, or other | ||||||
21 | authority of this State, or a political subdivision of the | ||||||
22 | State, other than in a prosecution of: | ||||||
23 | (A) the qualified offense for which approval was given | ||||||
24 | to record or intercept a conversation under this subsection | ||||||
25 | (q); | ||||||
26 | (B) a forcible felony committed directly in the course |
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1 | of the investigation of the qualified offense for which | ||||||
2 | approval was given to record or intercept a conversation | ||||||
3 | under this subsection (q); or | ||||||
4 | (C) any other forcible felony committed while the | ||||||
5 | recording or interception was approved in accordance with | ||||||
6 | this subsection (q), but for this specific category of | ||||||
7 | prosecutions, only if the law enforcement officer or person | ||||||
8 | acting at the direction of a law enforcement officer who | ||||||
9 | has consented to the conversation being intercepted or | ||||||
10 | recorded suffers great bodily injury or is killed during | ||||||
11 | the commission of the charged forcible felony. | ||||||
12 | (5) Compliance with the provisions of this subsection is a | ||||||
13 | prerequisite to the admissibility in evidence of any part of | ||||||
14 | the contents of any wire, electronic or oral communication that | ||||||
15 | has been intercepted as a result of this exception, but nothing | ||||||
16 | in this subsection shall be deemed to prevent a court from | ||||||
17 | otherwise excluding the evidence on any other ground recognized | ||||||
18 | by State or federal law, nor shall anything in this subsection | ||||||
19 | be deemed to prevent a court from independently reviewing the | ||||||
20 | admissibility of the evidence for compliance with the Fourth | ||||||
21 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
22 | of the Illinois Constitution. | ||||||
23 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
24 | offenses. Whenever any private conversation or private | ||||||
25 | electronic communication has been recorded or intercepted as a | ||||||
26 | result of this exception that is not related to an offense for |
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1 | which the recording or intercept is admissible under paragraph | ||||||
2 | (4) of this subsection (q), no part of the contents of the | ||||||
3 | communication and evidence derived from the communication may | ||||||
4 | be received in evidence in any trial, hearing, or other | ||||||
5 | proceeding in or before any court, grand jury, department, | ||||||
6 | officer, agency, regulatory body, legislative committee, or | ||||||
7 | other authority of this State, or a political subdivision of | ||||||
8 | the State, nor may it be publicly disclosed in any way. | ||||||
9 | (6.5) The Department of State Police shall adopt rules as | ||||||
10 | are necessary concerning the use of devices, retention of | ||||||
11 | recordings, and reports regarding their use under this | ||||||
12 | subsection (q). | ||||||
13 | (7) Definitions. For the purposes of this subsection (q) | ||||||
14 | only: | ||||||
15 | "Forcible felony" includes and is limited to those | ||||||
16 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
17 | 1961 as of the effective date of this amendatory Act of the | ||||||
18 | 97th General Assembly, and only as those offenses have been | ||||||
19 | defined by law or judicial interpretation as of that date. | ||||||
20 | "Qualified offense" means and is limited to: | ||||||
21 | (A) a felony violation of the Cannabis Control Act, | ||||||
22 | the Illinois Controlled Substances Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, | ||||||
24 | except for violations of: | ||||||
25 | (i) Section 4 of the Cannabis Control Act; | ||||||
26 | (ii) Section 402 of the Illinois Controlled |
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1 | Substances Act; and | ||||||
2 | (iii) Section 60 of the Methamphetamine | ||||||
3 | Control and Community Protection Act; and | ||||||
4 | (B) first degree murder, solicitation of murder | ||||||
5 | for hire, predatory criminal sexual assault of a child, | ||||||
6 | criminal sexual assault, aggravated criminal sexual | ||||||
7 | assault, aggravated arson, kidnapping, aggravated | ||||||
8 | kidnapping, child abduction, trafficking in persons, | ||||||
9 | involuntary servitude, involuntary sexual servitude of | ||||||
10 | a minor, or gunrunning. | ||||||
11 | "State's Attorney" includes and is limited to the | ||||||
12 | State's Attorney or an assistant State's Attorney | ||||||
13 | designated by the State's Attorney to provide verbal | ||||||
14 | approval to record or intercept conversations under this | ||||||
15 | subsection (q). | ||||||
16 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
17 | January 1, 2018. No conversations intercepted pursuant to this | ||||||
18 | subsection (q), while operative, shall be inadmissible in a | ||||||
19 | court of law by virtue of the inoperability of this subsection | ||||||
20 | (q) on January 1, 2018. | ||||||
21 | (9) Recordings, records, and custody. Any private | ||||||
22 | conversation or private electronic communication intercepted | ||||||
23 | by a law enforcement officer or a person acting at the | ||||||
24 | direction of law enforcement shall, if practicable, be recorded | ||||||
25 | in such a way as will protect the recording from editing or | ||||||
26 | other alteration. Any and all original recordings made under |
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1 | this subsection (q) shall be inventoried without unnecessary | ||||||
2 | delay pursuant to the law enforcement agency's policies for | ||||||
3 | inventorying evidence. The original recordings shall not be | ||||||
4 | destroyed except upon an order of a court of competent | ||||||
5 | jurisdiction; and | ||||||
6 | (r) Electronic recordings, including but not limited to, | ||||||
7 | motion picture, videotape, digital, or other visual or audio | ||||||
8 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
9 | Criminal Procedure of 1963. | ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13; | ||||||
11 | 97-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff. | ||||||
12 | 1-1-15; 98-1142, eff. 12-30-14.)
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13 | Section 99. Effective date. This Act takes effect July 1, | ||||||
14 | 2015.
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