Illinois General Assembly - Full Text of HB0185
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Full Text of HB0185  100th General Assembly

HB0185enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 14-3 as follows:
 
6    (720 ILCS 5/14-3)
7    Sec. 14-3. Exemptions. The following activities shall be
8exempt from the provisions of this Article:
9    (a) Listening to radio, wireless electronic
10communications, and television communications of any sort
11where the same are publicly made;
12    (b) Hearing conversation when heard by employees of any
13common carrier by wire incidental to the normal course of their
14employment in the operation, maintenance or repair of the
15equipment of such common carrier by wire so long as no
16information obtained thereby is used or divulged by the hearer;
17    (c) Any broadcast by radio, television or otherwise whether
18it be a broadcast or recorded for the purpose of later
19broadcasts of any function where the public is in attendance
20and the conversations are overheard incidental to the main
21purpose for which such broadcasts are then being made;
22    (d) Recording or listening with the aid of any device to
23any emergency communication made in the normal course of

 

 

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1operations by any federal, state or local law enforcement
2agency or institutions dealing in emergency services,
3including, but not limited to, hospitals, clinics, ambulance
4services, fire fighting agencies, any public utility,
5emergency repair facility, civilian defense establishment or
6military installation;
7    (e) Recording the proceedings of any meeting required to be
8open by the Open Meetings Act, as amended;
9    (f) Recording or listening with the aid of any device to
10incoming telephone calls of phone lines publicly listed or
11advertised as consumer "hotlines" by manufacturers or
12retailers of food and drug products. Such recordings must be
13destroyed, erased or turned over to local law enforcement
14authorities within 24 hours from the time of such recording and
15shall not be otherwise disseminated. Failure on the part of the
16individual or business operating any such recording or
17listening device to comply with the requirements of this
18subsection shall eliminate any civil or criminal immunity
19conferred upon that individual or business by the operation of
20this Section;
21    (g) With prior notification to the State's Attorney of the
22county in which it is to occur, recording or listening with the
23aid of any device to any conversation where a law enforcement
24officer, or any person acting at the direction of law
25enforcement, is a party to the conversation and has consented
26to it being intercepted or recorded under circumstances where

 

 

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1the use of the device is necessary for the protection of the
2law enforcement officer or any person acting at the direction
3of law enforcement, in the course of an investigation of a
4forcible felony, a felony offense of involuntary servitude,
5involuntary sexual servitude of a minor, or trafficking in
6persons under Section 10-9 of this Code, an offense involving
7prostitution, solicitation of a sexual act, or pandering, a
8felony violation of the Illinois Controlled Substances Act, a
9felony violation of the Cannabis Control Act, a felony
10violation of the Methamphetamine Control and Community
11Protection Act, any "streetgang related" or "gang-related"
12felony as those terms are defined in the Illinois Streetgang
13Terrorism Omnibus Prevention Act, or any felony offense
14involving any weapon listed in paragraphs (1) through (11) of
15subsection (a) of Section 24-1 of this Code. Any recording or
16evidence derived as the result of this exemption shall be
17inadmissible in any proceeding, criminal, civil or
18administrative, except (i) where a party to the conversation
19suffers great bodily injury or is killed during such
20conversation, or (ii) when used as direct impeachment of a
21witness concerning matters contained in the interception or
22recording. The Director of the Department of State Police shall
23issue regulations as are necessary concerning the use of
24devices, retention of tape recordings, and reports regarding
25their use;
26    (g-5) (Blank);

 

 

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1    (g-6) With approval of the State's Attorney of the county
2in which it is to occur, recording or listening with the aid of
3any device to any conversation where a law enforcement officer,
4or any person acting at the direction of law enforcement, is a
5party to the conversation and has consented to it being
6intercepted or recorded in the course of an investigation of
7child pornography, aggravated child pornography, indecent
8solicitation of a child, luring of a minor, sexual exploitation
9of a child, aggravated criminal sexual abuse in which the
10victim of the offense was at the time of the commission of the
11offense under 18 years of age, or criminal sexual abuse by
12force or threat of force in which the victim of the offense was
13at the time of the commission of the offense under 18 years of
14age. In all such cases, an application for an order approving
15the previous or continuing use of an eavesdropping device must
16be made within 48 hours of the commencement of such use. In the
17absence of such an order, or upon its denial, any continuing
18use shall immediately terminate. The Director of State Police
19shall issue rules as are necessary concerning the use of
20devices, retention of recordings, and reports regarding their
21use. Any recording or evidence obtained or derived in the
22course of an investigation of child pornography, aggravated
23child pornography, indecent solicitation of a child, luring of
24a minor, sexual exploitation of a child, aggravated criminal
25sexual abuse in which the victim of the offense was at the time
26of the commission of the offense under 18 years of age, or

 

 

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1criminal sexual abuse by force or threat of force in which the
2victim of the offense was at the time of the commission of the
3offense under 18 years of age shall, upon motion of the State's
4Attorney or Attorney General prosecuting any case involving
5child pornography, aggravated child pornography, indecent
6solicitation of a child, luring of a minor, sexual exploitation
7of a child, aggravated criminal sexual abuse in which the
8victim of the offense was at the time of the commission of the
9offense under 18 years of age, or criminal sexual abuse by
10force or threat of force in which the victim of the offense was
11at the time of the commission of the offense under 18 years of
12age be reviewed in camera with notice to all parties present by
13the court presiding over the criminal case, and, if ruled by
14the court to be relevant and otherwise admissible, it shall be
15admissible at the trial of the criminal case. Absent such a
16ruling, any such recording or evidence shall not be admissible
17at the trial of the criminal case;
18    (h) Recordings made simultaneously with the use of an
19in-car video camera recording of an oral conversation between a
20uniformed peace officer, who has identified his or her office,
21and a person in the presence of the peace officer whenever (i)
22an officer assigned a patrol vehicle is conducting an
23enforcement stop; or (ii) patrol vehicle emergency lights are
24activated or would otherwise be activated if not for the need
25to conceal the presence of law enforcement.
26    For the purposes of this subsection (h), "enforcement stop"

 

 

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1means an action by a law enforcement officer in relation to
2enforcement and investigation duties, including but not
3limited to, traffic stops, pedestrian stops, abandoned vehicle
4contacts, motorist assists, commercial motor vehicle stops,
5roadside safety checks, requests for identification, or
6responses to requests for emergency assistance;
7    (h-5) Recordings of utterances made by a person while in
8the presence of a uniformed peace officer and while an occupant
9of a police vehicle including, but not limited to, (i)
10recordings made simultaneously with the use of an in-car video
11camera and (ii) recordings made in the presence of the peace
12officer utilizing video or audio systems, or both, authorized
13by the law enforcement agency;
14    (h-10) Recordings made simultaneously with a video camera
15recording during the use of a taser or similar weapon or device
16by a peace officer if the weapon or device is equipped with
17such camera;
18    (h-15) Recordings made under subsection (h), (h-5), or
19(h-10) shall be retained by the law enforcement agency that
20employs the peace officer who made the recordings for a storage
21period of 90 days, unless the recordings are made as a part of
22an arrest or the recordings are deemed evidence in any
23criminal, civil, or administrative proceeding and then the
24recordings must only be destroyed upon a final disposition and
25an order from the court. Under no circumstances shall any
26recording be altered or erased prior to the expiration of the

 

 

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1designated storage period. Upon completion of the storage
2period, the recording medium may be erased and reissued for
3operational use;
4    (i) Recording of a conversation made by or at the request
5of a person, not a law enforcement officer or agent of a law
6enforcement officer, who is a party to the conversation, under
7reasonable suspicion that another party to the conversation is
8committing, is about to commit, or has committed a criminal
9offense against the person or a member of his or her immediate
10household, and there is reason to believe that evidence of the
11criminal offense may be obtained by the recording;
12    (j) The use of a telephone monitoring device by either (1)
13a corporation or other business entity engaged in marketing or
14opinion research or (2) a corporation or other business entity
15engaged in telephone solicitation, as defined in this
16subsection, to record or listen to oral telephone solicitation
17conversations or marketing or opinion research conversations
18by an employee of the corporation or other business entity
19when:
20        (i) the monitoring is used for the purpose of service
21    quality control of marketing or opinion research or
22    telephone solicitation, the education or training of
23    employees or contractors engaged in marketing or opinion
24    research or telephone solicitation, or internal research
25    related to marketing or opinion research or telephone
26    solicitation; and

 

 

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1        (ii) the monitoring is used with the consent of at
2    least one person who is an active party to the marketing or
3    opinion research conversation or telephone solicitation
4    conversation being monitored.
5    No communication or conversation or any part, portion, or
6aspect of the communication or conversation made, acquired, or
7obtained, directly or indirectly, under this exemption (j), may
8be, directly or indirectly, furnished to any law enforcement
9officer, agency, or official for any purpose or used in any
10inquiry or investigation, or used, directly or indirectly, in
11any administrative, judicial, or other proceeding, or divulged
12to any third party.
13    When recording or listening authorized by this subsection
14(j) on telephone lines used for marketing or opinion research
15or telephone solicitation purposes results in recording or
16listening to a conversation that does not relate to marketing
17or opinion research or telephone solicitation; the person
18recording or listening shall, immediately upon determining
19that the conversation does not relate to marketing or opinion
20research or telephone solicitation, terminate the recording or
21listening and destroy any such recording as soon as is
22practicable.
23    Business entities that use a telephone monitoring or
24telephone recording system pursuant to this exemption (j) shall
25provide current and prospective employees with notice that the
26monitoring or recordings may occur during the course of their

 

 

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1employment. The notice shall include prominent signage
2notification within the workplace.
3    Business entities that use a telephone monitoring or
4telephone recording system pursuant to this exemption (j) shall
5provide their employees or agents with access to personal-only
6telephone lines which may be pay telephones, that are not
7subject to telephone monitoring or telephone recording.
8    For the purposes of this subsection (j), "telephone
9solicitation" means a communication through the use of a
10telephone by live operators:
11        (i) soliciting the sale of goods or services;
12        (ii) receiving orders for the sale of goods or
13    services;
14        (iii) assisting in the use of goods or services; or
15        (iv) engaging in the solicitation, administration, or
16    collection of bank or retail credit accounts.
17    For the purposes of this subsection (j), "marketing or
18opinion research" means a marketing or opinion research
19interview conducted by a live telephone interviewer engaged by
20a corporation or other business entity whose principal business
21is the design, conduct, and analysis of polls and surveys
22measuring the opinions, attitudes, and responses of
23respondents toward products and services, or social or
24political issues, or both;
25    (k) Electronic recordings, including but not limited to, a
26motion picture, videotape, digital, or other visual or audio

 

 

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1recording, made of a custodial interrogation of an individual
2at a police station or other place of detention by a law
3enforcement officer under Section 5-401.5 of the Juvenile Court
4Act of 1987 or Section 103-2.1 of the Code of Criminal
5Procedure of 1963;
6    (l) Recording the interview or statement of any person when
7the person knows that the interview is being conducted by a law
8enforcement officer or prosecutor and the interview takes place
9at a police station that is currently participating in the
10Custodial Interview Pilot Program established under the
11Illinois Criminal Justice Information Act;
12    (m) An electronic recording, including but not limited to,
13a motion picture, videotape, digital, or other visual or audio
14recording, made of the interior of a school bus while the
15school bus is being used in the transportation of students to
16and from school and school-sponsored activities, when the
17school board has adopted a policy authorizing such recording,
18notice of such recording policy is included in student
19handbooks and other documents including the policies of the
20school, notice of the policy regarding recording is provided to
21parents of students, and notice of such recording is clearly
22posted on the door of and inside the school bus.
23    Recordings made pursuant to this subsection (m) shall be
24confidential records and may only be used by school officials
25(or their designees) and law enforcement personnel for
26investigations, school disciplinary actions and hearings,

 

 

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1proceedings under the Juvenile Court Act of 1987, and criminal
2prosecutions, related to incidents occurring in or around the
3school bus;
4    (n) Recording or listening to an audio transmission from a
5microphone placed by a person under the authority of a law
6enforcement agency inside a bait car surveillance vehicle while
7simultaneously capturing a photographic or video image;
8    (o) The use of an eavesdropping camera or audio device
9during an ongoing hostage or barricade situation by a law
10enforcement officer or individual acting on behalf of a law
11enforcement officer when the use of such device is necessary to
12protect the safety of the general public, hostages, or law
13enforcement officers or anyone acting on their behalf;
14    (p) Recording or listening with the aid of any device to
15incoming telephone calls of phone lines publicly listed or
16advertised as the "CPS Violence Prevention Hotline", but only
17where the notice of recording is given at the beginning of each
18call as required by Section 34-21.8 of the School Code. The
19recordings may be retained only by the Chicago Police
20Department or other law enforcement authorities, and shall not
21be otherwise retained or disseminated;
22    (q)(1) With prior request to and written or verbal approval
23of the State's Attorney of the county in which the conversation
24is anticipated to occur, recording or listening with the aid of
25an eavesdropping device to a conversation in which a law
26enforcement officer, or any person acting at the direction of a

 

 

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1law enforcement officer, is a party to the conversation and has
2consented to the conversation being intercepted or recorded in
3the course of an investigation of a qualified offense. The
4State's Attorney may grant this approval only after determining
5that reasonable cause exists to believe that inculpatory
6conversations concerning a qualified offense will occur with a
7specified individual or individuals within a designated period
8of time.
9    (2) Request for approval. To invoke the exception contained
10in this subsection (q), a law enforcement officer shall make a
11request for approval to the appropriate State's Attorney. The
12request may be written or verbal; however, a written
13memorialization of the request must be made by the State's
14Attorney. This request for approval shall include whatever
15information is deemed necessary by the State's Attorney but
16shall include, at a minimum, the following information about
17each specified individual whom the law enforcement officer
18believes will commit a qualified offense:
19        (A) his or her full or partial name, nickname or alias;
20        (B) a physical description; or
21        (C) failing either (A) or (B) of this paragraph (2),
22    any other supporting information known to the law
23    enforcement officer at the time of the request that gives
24    rise to reasonable cause to believe that the specified
25    individual will participate in an inculpatory conversation
26    concerning a qualified offense.

 

 

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1    (3) Limitations on approval. Each written approval by the
2State's Attorney under this subsection (q) shall be limited to:
3        (A) a recording or interception conducted by a
4    specified law enforcement officer or person acting at the
5    direction of a law enforcement officer;
6        (B) recording or intercepting conversations with the
7    individuals specified in the request for approval,
8    provided that the verbal approval shall be deemed to
9    include the recording or intercepting of conversations
10    with other individuals, unknown to the law enforcement
11    officer at the time of the request for approval, who are
12    acting in conjunction with or as co-conspirators with the
13    individuals specified in the request for approval in the
14    commission of a qualified offense;
15        (C) a reasonable period of time but in no event longer
16    than 24 consecutive hours;
17        (D) the written request for approval, if applicable, or
18    the written memorialization must be filed, along with the
19    written approval, with the circuit clerk of the
20    jurisdiction on the next business day following the
21    expiration of the authorized period of time, and shall be
22    subject to review by the Chief Judge or his or her designee
23    as deemed appropriate by the court.
24    (3.5) The written memorialization of the request for
25approval and the written approval by the State's Attorney may
26be in any format, including via facsimile, email, or otherwise,

 

 

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1so long as it is capable of being filed with the circuit clerk.
2    (3.10) Beginning March 1, 2015, each State's Attorney shall
3annually submit a report to the General Assembly disclosing:
4        (A) the number of requests for each qualified offense
5    for approval under this subsection; and
6        (B) the number of approvals for each qualified offense
7    given by the State's Attorney.
8    (4) Admissibility of evidence. No part of the contents of
9any wire, electronic, or oral communication that has been
10recorded or intercepted as a result of this exception may be
11received in evidence in any trial, hearing, or other proceeding
12in or before any court, grand jury, department, officer,
13agency, regulatory body, legislative committee, or other
14authority of this State, or a political subdivision of the
15State, other than in a prosecution of:
16        (A) the qualified offense for which approval was given
17    to record or intercept a conversation under this subsection
18    (q);
19        (B) a forcible felony committed directly in the course
20    of the investigation of the qualified offense for which
21    approval was given to record or intercept a conversation
22    under this subsection (q); or
23        (C) any other forcible felony committed while the
24    recording or interception was approved in accordance with
25    this subsection (q), but for this specific category of
26    prosecutions, only if the law enforcement officer or person

 

 

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1    acting at the direction of a law enforcement officer who
2    has consented to the conversation being intercepted or
3    recorded suffers great bodily injury or is killed during
4    the commission of the charged forcible felony.
5    (5) Compliance with the provisions of this subsection is a
6prerequisite to the admissibility in evidence of any part of
7the contents of any wire, electronic or oral communication that
8has been intercepted as a result of this exception, but nothing
9in this subsection shall be deemed to prevent a court from
10otherwise excluding the evidence on any other ground recognized
11by State or federal law, nor shall anything in this subsection
12be deemed to prevent a court from independently reviewing the
13admissibility of the evidence for compliance with the Fourth
14Amendment to the U.S. Constitution or with Article I, Section 6
15of the Illinois Constitution.
16    (6) Use of recordings or intercepts unrelated to qualified
17offenses. Whenever any private conversation or private
18electronic communication has been recorded or intercepted as a
19result of this exception that is not related to an offense for
20which the recording or intercept is admissible under paragraph
21(4) of this subsection (q), no part of the contents of the
22communication and evidence derived from the communication may
23be received in evidence in any trial, hearing, or other
24proceeding in or before any court, grand jury, department,
25officer, agency, regulatory body, legislative committee, or
26other authority of this State, or a political subdivision of

 

 

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1the State, nor may it be publicly disclosed in any way.
2    (6.5) The Department of State Police shall adopt rules as
3are necessary concerning the use of devices, retention of
4recordings, and reports regarding their use under this
5subsection (q).
6    (7) Definitions. For the purposes of this subsection (q)
7only:
8        "Forcible felony" includes and is limited to those
9    offenses contained in Section 2-8 of the Criminal Code of
10    1961 as of the effective date of this amendatory Act of the
11    97th General Assembly, and only as those offenses have been
12    defined by law or judicial interpretation as of that date.
13        "Qualified offense" means and is limited to:
14            (A) a felony violation of the Cannabis Control Act,
15        the Illinois Controlled Substances Act, or the
16        Methamphetamine Control and Community Protection Act,
17        except for violations of:
18                (i) Section 4 of the Cannabis Control Act;
19                (ii) Section 402 of the Illinois Controlled
20            Substances Act; and
21                (iii) Section 60 of the Methamphetamine
22            Control and Community Protection Act; and
23            (B) first degree murder, solicitation of murder
24        for hire, predatory criminal sexual assault of a child,
25        criminal sexual assault, aggravated criminal sexual
26        assault, aggravated arson, kidnapping, aggravated

 

 

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1        kidnapping, child abduction, trafficking in persons,
2        involuntary servitude, involuntary sexual servitude of
3        a minor, or gunrunning.
4        "State's Attorney" includes and is limited to the
5    State's Attorney or an assistant State's Attorney
6    designated by the State's Attorney to provide verbal
7    approval to record or intercept conversations under this
8    subsection (q).
9    (8) Sunset. This subsection (q) is inoperative on and after
10January 1, 2020 2018. No conversations intercepted pursuant to
11this subsection (q), while operative, shall be inadmissible in
12a court of law by virtue of the inoperability of this
13subsection (q) on January 1, 2020 2018.
14    (9) Recordings, records, and custody. Any private
15conversation or private electronic communication intercepted
16by a law enforcement officer or a person acting at the
17direction of law enforcement shall, if practicable, be recorded
18in such a way as will protect the recording from editing or
19other alteration. Any and all original recordings made under
20this subsection (q) shall be inventoried without unnecessary
21delay pursuant to the law enforcement agency's policies for
22inventorying evidence. The original recordings shall not be
23destroyed except upon an order of a court of competent
24jurisdiction; and
25    (r) Electronic recordings, including but not limited to,
26motion picture, videotape, digital, or other visual or audio

 

 

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1recording, made of a lineup under Section 107A-2 of the Code of
2Criminal Procedure of 1963.
3(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
497-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
51-1-15; 98-1142, eff. 12-30-14.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.