HB4964ham003 95TH GENERAL ASSEMBLY

Rep. Susana A Mendoza

Filed: 5/22/2008

09500HB4964ham003 LRB095 18221 RLC 51358 a

AMENDMENT TO HOUSE BILL 4964

AMENDMENT NO. ______. Amend House Bill 4964 by replacing lines 25 and 26 on page 9, all of page 10, and line 1 on page 11 with the following:

"(o) With prior written notification to the State's Attorney or his or her designee of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to an undercover conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, or a felony violation of the Methamphetamine Control and Community Protection Act. Whenever any wire, electronic, or oral communication has been intercepted as a result of this exception that is not related to felony violations of the Illinois Controlled Substances Act, felony violations of the Cannabis Control Act, or felony violations of the Methamphetamine Control and Community Protection Act and conspiracies related thereto, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision thereof, if the disclosure of that information would be in violation of this subtitle unless the violation involves a forcible felony. Furthermore, the Director of the State Police shall issue rules as are necessary concerning the use of devices, review of recordings, notice to parties, retention of recording media, and reports regarding their use; and".