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LRB095 18221 RLC 49706 a |
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| information obtained thereby is used or
divulged by the hearer;
|
2 |
| (c) Any broadcast by radio, television or otherwise whether |
3 |
| it be a
broadcast or recorded for the purpose of later |
4 |
| broadcasts of any
function where the public is in attendance |
5 |
| and the conversations are
overheard incidental to the main |
6 |
| purpose for which such broadcasts are
then being made;
|
7 |
| (d) Recording or listening with the aid of any device to |
8 |
| any
emergency communication made in the normal course of |
9 |
| operations by any
federal, state or local law enforcement |
10 |
| agency or institutions dealing
in emergency services, |
11 |
| including, but not limited to, hospitals,
clinics, ambulance |
12 |
| services, fire fighting agencies, any public utility,
|
13 |
| emergency repair facility, civilian defense establishment or |
14 |
| military
installation;
|
15 |
| (e) Recording the proceedings of any meeting required to be |
16 |
| open by
the Open Meetings Act, as amended;
|
17 |
| (f) Recording or listening with the aid of any device to |
18 |
| incoming
telephone calls of phone lines publicly listed or |
19 |
| advertised as consumer
"hotlines" by manufacturers or |
20 |
| retailers of food and drug products. Such
recordings must be |
21 |
| destroyed, erased or turned over to local law
enforcement |
22 |
| authorities within 24 hours from the time of such recording and
|
23 |
| shall not be otherwise disseminated. Failure on the part of the |
24 |
| individual
or business operating any such recording or |
25 |
| listening device to comply with
the requirements of this |
26 |
| subsection shall eliminate any civil or criminal
immunity |
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| conferred upon that individual or business by the operation of
|
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| this Section;
|
3 |
| (g) With prior notification to the State's Attorney of the
|
4 |
| county in which
it is to occur, recording or listening with the |
5 |
| aid of any device to any
conversation
where a law enforcement |
6 |
| officer, or any person acting at the direction of law
|
7 |
| enforcement, is a party to the conversation and has consented |
8 |
| to it being
intercepted or recorded under circumstances where |
9 |
| the use of the device is
necessary for the protection of the |
10 |
| law enforcement officer or any person
acting at the direction |
11 |
| of law enforcement, in the course of an
investigation
of a |
12 |
| forcible felony, a felony violation of the Illinois Controlled |
13 |
| Substances
Act, a felony violation of the Cannabis Control Act, |
14 |
| a felony violation of the Methamphetamine Control and Community |
15 |
| Protection Act, or any "streetgang
related" or "gang-related" |
16 |
| felony as those terms are defined in the Illinois
Streetgang |
17 |
| Terrorism Omnibus Prevention Act.
Any recording or evidence |
18 |
| derived
as the
result of this exemption shall be inadmissible |
19 |
| in any proceeding, criminal,
civil or
administrative, except |
20 |
| (i) where a party to the conversation suffers great
bodily |
21 |
| injury or is killed during such conversation, or
(ii)
when used |
22 |
| as direct impeachment of a witness concerning matters contained |
23 |
| in
the interception or recording. The Director of the
|
24 |
| Department of
State Police shall issue regulations as are |
25 |
| necessary concerning the use of
devices, retention of tape |
26 |
| recordings, and reports regarding their
use;
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| (g-5) With approval of the State's Attorney of the county |
2 |
| in
which it is to occur, recording or listening with the aid of |
3 |
| any device to any
conversation where a law enforcement officer, |
4 |
| or any person acting at the
direction of law enforcement, is a |
5 |
| party to the conversation and has consented
to it being |
6 |
| intercepted or recorded in the course of an investigation of |
7 |
| any
offense defined in Article 29D of this Code.
In all such |
8 |
| cases, an application for an order approving
the previous or |
9 |
| continuing use of an eavesdropping
device must be made within |
10 |
| 48 hours of the commencement of
such use. In the absence of |
11 |
| such an order, or upon its denial,
any continuing use shall |
12 |
| immediately terminate.
The Director of
State Police shall issue |
13 |
| rules as are necessary concerning the use of
devices, retention |
14 |
| of tape recordings, and reports regarding their use.
|
15 |
| Any recording or evidence obtained or derived in the course |
16 |
| of an
investigation of any offense defined in Article 29D of |
17 |
| this Code shall, upon
motion of the State's Attorney or |
18 |
| Attorney General prosecuting any violation of
Article 29D, be |
19 |
| reviewed in camera with notice to all parties present by the
|
20 |
| court presiding over the criminal
case, and, if ruled by the |
21 |
| court to be relevant and otherwise admissible,
it shall be |
22 |
| admissible at the trial of the criminal
case.
|
23 |
| This subsection (g-5) is inoperative on and after January |
24 |
| 1, 2005.
No conversations recorded or monitored pursuant to |
25 |
| this subsection (g-5)
shall be inadmissible in a court of law |
26 |
| by virtue of the repeal of this
subsection (g-5) on January 1, |
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LRB095 18221 RLC 49706 a |
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| 2005;
|
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| (g-6) With approval of the State's Attorney of the county |
3 |
| in which it is to occur, recording or listening with the aid of |
4 |
| any device to any conversation where a law enforcement officer, |
5 |
| or any person acting at the direction of law enforcement, is a |
6 |
| party to the conversation and has consented to it being |
7 |
| intercepted or recorded in the course of an investigation of |
8 |
| child pornography. In all such cases, an application for an |
9 |
| order approving the previous or continuing use of an |
10 |
| eavesdropping device must be made within 48 hours of the |
11 |
| commencement of such use. In the absence of such an order, or |
12 |
| upon its denial, any continuing use shall immediately |
13 |
| terminate. The Director of State Police shall issue rules as |
14 |
| are necessary concerning the use of devices, retention of |
15 |
| recordings, and reports regarding their use.
Any recording or |
16 |
| evidence obtained or derived in the course of an investigation |
17 |
| of child pornography shall, upon motion of the State's Attorney |
18 |
| or Attorney General prosecuting any case involving child |
19 |
| pornography, be reviewed in camera with notice to all parties |
20 |
| present by the court presiding over the criminal case, and, if |
21 |
| ruled by the court to be relevant and otherwise admissible, it |
22 |
| shall be admissible at the trial of the criminal case. Absent |
23 |
| such a ruling, any such recording or evidence shall not be |
24 |
| admissible at the trial of the criminal case; |
25 |
| (h) Recordings made simultaneously with a video recording |
26 |
| of an oral
conversation between a peace officer, who has |
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| identified his or her office, and
a person stopped for an |
2 |
| investigation of an offense under the Illinois Vehicle
Code;
|
3 |
| (i) Recording of a conversation made by or at the request |
4 |
| of a person, not a
law enforcement officer or agent of a law |
5 |
| enforcement officer, who is a party
to the conversation, under |
6 |
| reasonable suspicion that another party to the
conversation is |
7 |
| committing, is about to commit, or has committed a criminal
|
8 |
| offense against the person or a member of his or her immediate |
9 |
| household, and
there is reason to believe that evidence of the |
10 |
| criminal offense may be
obtained by the recording;
|
11 |
| (j) The use of a telephone monitoring device by either (1) |
12 |
| a
corporation or other business entity engaged in marketing or |
13 |
| opinion research
or (2) a corporation or other business entity |
14 |
| engaged in telephone
solicitation, as
defined in this |
15 |
| subsection, to record or listen to oral telephone solicitation
|
16 |
| conversations or marketing or opinion research conversations |
17 |
| by an employee of
the corporation or other business entity |
18 |
| when:
|
19 |
| (i) the monitoring is used for the purpose of service |
20 |
| quality control of
marketing or opinion research or |
21 |
| telephone solicitation, the education or
training of |
22 |
| employees or contractors
engaged in marketing or opinion |
23 |
| research or telephone solicitation, or internal
research |
24 |
| related to marketing or
opinion research or telephone
|
25 |
| solicitation; and
|
26 |
| (ii) the monitoring is used with the consent of at |
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| least one person who
is an active party to the marketing or |
2 |
| opinion research conversation or
telephone solicitation |
3 |
| conversation being
monitored.
|
4 |
| No communication or conversation or any part, portion, or |
5 |
| aspect of the
communication or conversation made, acquired, or |
6 |
| obtained, directly or
indirectly,
under this exemption (j), may |
7 |
| be, directly or indirectly, furnished to any law
enforcement |
8 |
| officer, agency, or official for any purpose or used in any |
9 |
| inquiry
or investigation, or used, directly or indirectly, in |
10 |
| any administrative,
judicial, or other proceeding, or divulged |
11 |
| to any third party.
|
12 |
| When recording or listening authorized by this subsection |
13 |
| (j) on telephone
lines used for marketing or opinion research |
14 |
| or telephone solicitation purposes
results in recording or
|
15 |
| listening to a conversation that does not relate to marketing |
16 |
| or opinion
research or telephone solicitation; the
person |
17 |
| recording or listening shall, immediately upon determining |
18 |
| that the
conversation does not relate to marketing or opinion |
19 |
| research or telephone
solicitation, terminate the recording
or |
20 |
| listening and destroy any such recording as soon as is |
21 |
| practicable.
|
22 |
| Business entities that use a telephone monitoring or |
23 |
| telephone recording
system pursuant to this exemption (j) shall |
24 |
| provide current and prospective
employees with notice that the |
25 |
| monitoring or recordings may occur during the
course of their |
26 |
| employment. The notice shall include prominent signage
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| notification within the workplace.
|
2 |
| Business entities that use a telephone monitoring or |
3 |
| telephone recording
system pursuant to this exemption (j) shall |
4 |
| provide their employees or agents
with access to personal-only |
5 |
| telephone lines which may be pay telephones, that
are not |
6 |
| subject to telephone monitoring or telephone recording.
|
7 |
| For the purposes of this subsection (j), "telephone |
8 |
| solicitation" means a
communication through the use of a |
9 |
| telephone by live operators:
|
10 |
| (i) soliciting the sale of goods or services;
|
11 |
| (ii) receiving orders for the sale of goods or |
12 |
| services;
|
13 |
| (iii) assisting in the use of goods or services; or
|
14 |
| (iv) engaging in the solicitation, administration, or |
15 |
| collection of bank
or
retail credit accounts.
|
16 |
| For the purposes of this subsection (j), "marketing or |
17 |
| opinion research"
means
a marketing or opinion research |
18 |
| interview conducted by a live telephone
interviewer engaged by |
19 |
| a corporation or other business entity whose principal
business |
20 |
| is the design, conduct, and analysis of polls and surveys |
21 |
| measuring
the
opinions, attitudes, and responses of |
22 |
| respondents toward products and services,
or social or |
23 |
| political issues, or both;
|
24 |
| (k) Electronic recordings, including but not limited to, a |
25 |
| motion picture,
videotape, digital, or other visual or audio |
26 |
| recording, made of a custodial
interrogation of an individual |
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09500HB4964ham002 |
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| at a police station or other place of detention
by a law |
2 |
| enforcement officer under Section 5-401.5 of the Juvenile Court |
3 |
| Act of
1987 or Section 103-2.1 of the Code of Criminal |
4 |
| Procedure of 1963; |
5 |
| (l) Recording the interview or statement of any person when |
6 |
| the person
knows that the interview is being conducted by a law |
7 |
| enforcement officer or
prosecutor and the interview takes place |
8 |
| at a police station that is currently
participating in the |
9 |
| Custodial Interview Pilot Program established under the
|
10 |
| Illinois Criminal Justice Information Act; and
|
11 |
| (m) An electronic recording, including but not limited to, |
12 |
| a motion picture,
videotape, digital, or other visual or audio |
13 |
| recording, made of the interior of a school bus while the |
14 |
| school bus is being used in the transportation of students to |
15 |
| and from school and school-sponsored activities, when the |
16 |
| school board has adopted a policy authorizing such recording, |
17 |
| notice of such recording policy is included in student |
18 |
| handbooks and other documents including the policies of the |
19 |
| school, notice of the policy regarding recording is provided to |
20 |
| parents of students, and notice of such recording is clearly |
21 |
| posted on the door of and inside the school bus.
|
22 |
| Recordings made pursuant to this subsection (m) shall be |
23 |
| confidential records and may only be used by school officials |
24 |
| (or their designees) and law enforcement personnel for |
25 |
| investigations, school disciplinary actions and hearings, |
26 |
| proceedings under the Juvenile Court Act of 1987, and criminal |
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LRB095 18221 RLC 49706 a |
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| prosecutions, related to incidents occurring in or around the |
2 |
| school bus ; . |
3 |
| (n)
(m) Recording or listening to an audio transmission |
4 |
| from a microphone placed by a person under the authority of a |
5 |
| law enforcement agency inside a bait car surveillance vehicle |
6 |
| while simultaneously capturing a photographic or video image ; .
|
7 |
| (o) With prior written request under oath to, and with |
8 |
| written approval of, the State's Attorney or any of his or her |
9 |
| designees of the county in which the conversation is |
10 |
| anticipated to occur, recording or listening with the aid of an |
11 |
| eavesdropping device to a conversation in which a law |
12 |
| enforcement officer, or any person acting at the direction of a |
13 |
| law enforcement officer, is a party to an undercover |
14 |
| conversation and has consented to the conversation being |
15 |
| intercepted or recorded in the course of an investigation of a |
16 |
| felony violation of the Illinois Controlled Substances Act, a |
17 |
| felony violation of the Cannabis Control Act, or a felony |
18 |
| violation of the Methamphetamine Control and Community |
19 |
| Protection Act, or conspiracies related to violations of any of |
20 |
| those Acts. The written request must have been submitted in the |
21 |
| name of the Superintendent of Police, Chief of Police, Director |
22 |
| of the Illinois State Police, or Sheriff, and must be |
23 |
| authorized and signed by him or her or by any of his or her |
24 |
| designees. The written request under oath must establish |
25 |
| reasonable cause for believing that an individual is |
26 |
| committing, has committed, or is about to commit any of the |
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| previously specified felony offenses, and that there is |
2 |
| reasonable cause for believing that particular conversations |
3 |
| concerning any of the previously specified felony offenses will |
4 |
| be obtained, and that the written request under oath contains |
5 |
| the information required
pursuant to Section 108A-3 of the Code |
6 |
| of Criminal Procedure of 1963. The written approval must be |
7 |
| signed by the State's Attorney or his or her designee and |
8 |
| specify that one party to the conversation has or will have |
9 |
| consented to the use of the device, there is reasonable cause |
10 |
| for believing that an individual is committing, has committed, |
11 |
| or is about to commit any of the previously specified felony |
12 |
| offenses, and there is reasonable cause for believing that |
13 |
| particular conversations concerning any of the previously |
14 |
| specified felony offenses will be obtained through such use of |
15 |
| such device. The State's Attorney's written approval |
16 |
| authorizing use of an eavesdropping device shall include and |
17 |
| specify all information required pursuant to Section 108A-5 of |
18 |
| the Code of Criminal Procedure of 1963, except that no written |
19 |
| approval under this Article may authorize the use of an |
20 |
| eavesdropping device for any period longer than 72 hours. A |
21 |
| subsequent written request under oath to, and written approval |
22 |
| of, the State's Attorney or any of his or her designees of the |
23 |
| county in which a conversation is anticipated to occur may be |
24 |
| made only after a judicial order pursuant to subsection (o-1) |
25 |
| of this Section has been granted. |
26 |
| (o-1) An application for a judicial order approving the |
|
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| State's Attorney's previous authorization of the use of an |
2 |
| eavesdropping device must be made to a Circuit Judge or an |
3 |
| Associate Judge of the county in which the conversation |
4 |
| occurred within 48 hours of the expiration of the 72-hour |
5 |
| period authorized in subsection (o). In the absence of such a |
6 |
| judicial order approving the State's Attorney's previous |
7 |
| authorization, or upon the denial of the judicial order, the |
8 |
| contents of the conversation overheard or recorded shall be |
9 |
| inadmissible as substantive evidence at any trial or hearing. |
10 |
| To approve the State's Attorney's previous authorization, the |
11 |
| Circuit Judge or Associate Judge must make the determination |
12 |
| and issue a written order that one party to the recorded |
13 |
| conversation consented to the use of the eavesdropping device, |
14 |
| there was reasonable cause for believing that an individual was |
15 |
| committing, had committed, or was about to commit any of
the |
16 |
| previously specified felony offenses, and there was reasonable |
17 |
| cause for believing that particular conversations concerning |
18 |
| any of the previously specified felony offenses would have been |
19 |
| obtained through use of an eavesdropping device, and that the |
20 |
| judge would have granted an order had the information been |
21 |
| before the court prior to the use of the device. |
22 |
| (o-2) The retention and review of recordings, notice to |
23 |
| parties overheard, motion to suppress contents of recordings, |
24 |
| appeal by State, and reports concerning use of eavesdropping |
25 |
| devices under this Article shall be governed by the provisions |
26 |
| of Sections 108A-7, 108A-8, 108A-9, 108A-10, and 108A-11 of the |
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09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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| Code of Criminal Procedure of 1963. |
2 |
| (o-3) Whenever any wire, electronic, or oral communication |
3 |
| has been intercepted as a result of this exception that is not |
4 |
| related to felony violations of the Illinois Controlled |
5 |
| Substances Act, felony violations of the Cannabis Control Act, |
6 |
| or felony violations of the Methamphetamine Control and |
7 |
| Community Protection Act and conspiracies related to |
8 |
| violations of any of those Acts, no part of the contents of the |
9 |
| communication and no evidence derived from the communication |
10 |
| may be received in evidence in any trial, hearing, or other |
11 |
| proceeding in or before any court, grand jury, department, |
12 |
| officer, agency, regulatory body, legislative committee, or |
13 |
| other authority of this State, or a political subdivision of |
14 |
| this State if the disclosure of that information would be in |
15 |
| violation of this Article. The Director of State Police shall |
16 |
| issue rules as necessary concerning the use of devices and |
17 |
| reports regarding their use; and |
18 |
| (p) The use of eavesdropping cameras or audio devices |
19 |
| intended to ensure the safety of the general public or any law |
20 |
| enforcement officer in incidents involving hostages or |
21 |
| barricaded subjects. |
22 |
| (q) Notwithstanding any other rulemaking authority that |
23 |
| may exist, neither the Governor nor any agency or agency head |
24 |
| under the jurisdiction of the Governor has any authority to |
25 |
| make or promulgate rules to implement or enforce the provisions |
26 |
| of this amendatory Act of the 95th General Assembly. If, |
|
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|
09500HB4964ham002 |
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LRB095 18221 RLC 49706 a |
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|
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| however, the Governor believes that rules are necessary to |
2 |
| implement or enforce the provisions of this amendatory Act of |
3 |
| the 95th General Assembly, the Governor may suggest rules to |
4 |
| the General Assembly by filing them with the Clerk of the House |
5 |
| and the Secretary of the Senate and by requesting that the |
6 |
| General Assembly authorize such rulemaking by law, enact those |
7 |
| suggested rules into law, or take any other appropriate action |
8 |
| in the General Assembly's discretion. Nothing contained in this |
9 |
| amendatory Act of the 95th General Assembly shall be |
10 |
| interpreted to grant rulemaking authority under any other |
11 |
| Illinois statute where such authority is not otherwise |
12 |
| explicitly given. For the purposes of this Section, "rules" is |
13 |
| given the meaning contained in Section 1-70 of the Illinois |
14 |
| Administrative Procedure Act, and "agency" and "agency head" |
15 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
16 |
| the Illinois Administrative Procedure Act to the extent that |
17 |
| such definitions apply to agencies or agency heads under the |
18 |
| jurisdiction of the Governor. |
19 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-258, eff. 1-1-08; |
20 |
| 95-352, eff. 8-23-07; 95-463, eff. 6-1-08; revised |
21 |
| 11-19-07.)".
|