Full Text of HB3202 98th General Assembly
HB3202 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3202 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501.9 new | | 720 ILCS 5/14-3 | |
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Amends the Illinois Vehicle Code. Requires all law enforcement patrol vehicles to be equipped with video recording equipment by July 1, 2014. This equipment must be capable of recording at least 10 hours of video footage and recording sound with the use of a wireless microphone. Patrol vehicles with in-car cameras are required to record when (1) the officer determines an enforcement stop is necessary and shall continue until the enforcement action has been completed, provided that the recording shall include any field sobriety tests administered during a DUI stop, including the administration of a portable breath test; (2) the patrol vehicle emergency lights are activated or when they would otherwise be activated if not for the need to conceal the presence of law enforcement, and shall continue until the reason for the activation ceases to exist, regardless of whether the emergency lights are no longer activated and, in the event of an arrest may not conclude before the subject is transported and leaves the vehicle; (3) the officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose and shall continue until the reason for recording ceases to exist. Requires audio and visual recordings of all Illinois Vehicle Code related stops. For DUI related stops, requires video recording of any observation periods, test refusal, and test administration, including those not conducted at the scene of the stop. Requires officers to report any equipment malfunction. Makes any video recording made under this Section subject to the Freedom of Information Act and subpoenas, but allows the department to charge a $25 fee for compliance with any video production request for the purpose of recouping administrative costs. Effective July 1, 2014.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Section 11-501.9 as follows: | 6 | | (625 ILCS 5/11-501.9 new) | 7 | | Sec. 11-501.9. 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,
| 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 devise 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) By July 1, 2014, all law enforcement agencies shall | 16 | | install in-car video camera recording equipment in all patrol | 17 | | vehicles. All patrol vehicles shall be equipped with in-car | 18 | | video camera recording equipment with a recording medium | 19 | | capable of recording for a period of 10 hours or more. In-car | 20 | | video camera recording equipment shall be capable of making | 21 | | audio recordings 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 625 ILCS | 4 | | 5/11-501 or a similar provision of a local ordinance, the | 5 | | recording shall include any field sobriety tests | 6 | | administered, including the administration of a portable | 7 | | breath test pursuant to 625 ILCS 5/11-501.5. | 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 prosecution, | 18 | | enhance safety, or for any other lawful purpose; and shall | 19 | | continue until the reason for recording ceases to exist. | 20 | | In-car video camera recording equipment with a recording | 21 | | medium shall record activities inside the vehicle when | 22 | | transporting an arrestee or when an officer reasonably believes | 23 | | recording may assist with prosecution, enhance safety, or for | 24 | | any other lawful purpose. | 25 | | (d) In-car video camera recording equipment with a | 26 | | recording medium capable of recording for a period of 10 hours |
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| 1 | | or more shall record activities whenever a patrol vehicle is | 2 | | assigned to patrol duty. | 3 | | (e) Any enforcement stop resulting from a suspected | 4 | | violation of the Illinois Vehicle Code shall be video and audio | 5 | | recorded. Audio recording shall terminate upon release of the | 6 | | violator. | 7 | | (f) In the event the subject of the enforcement stop is | 8 | | charged with a violation of 625 ILCS 5/11-501 or a similar | 9 | | provision of a local ordinance, the law enforcement agency | 10 | | shall video and audio record the administration of the warning | 11 | | to motorist pursuant to 625 ILCS 5/11-501.1, the 20-minute | 12 | | observation period before the administration of any breath test | 13 | | and the administration of a breath test pursuant to 625 ILCS | 14 | | 5/11-501.2 or the person's refusal submit to testing. | 15 | | (g) Recordings shall be retained by the law enforcement | 16 | | agency for a storage period of at least 90 days. Under no | 17 | | circumstances shall any recording be altered or erased prior to | 18 | | the expiration of the designated storage period. Upon | 19 | | completion of the storage period, the recording medium may be | 20 | | erased and reissued for operational use unless otherwise | 21 | | ordered by the supervisor his or her designee or by a court, or | 22 | | if designated for evidentiary or training purposes. Provided | 23 | | that, in the event that the enforcement stop results in an | 24 | | arrest for violation of 625 ILCS 5/11-501 or a similar | 25 | | provision of a local ordinance, all recordings required | 26 | | hereunder shall be retained until such time as the criminal |
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| 1 | | proceedings have terminated or as otherwise required by court | 2 | | order, whichever is longer. | 3 | | (h) Audio or video recordings made pursuant to this Section | 4 | | shall be available under the applicable provisions of the | 5 | | Freedom of Information Act. Only recorded portions of the audio | 6 | | recording or video recording medium applicable to the request
| 7 | | will be available for inspection or copying. Such recordings | 8 | | shall also be subject to subpoena where the law enforcement | 9 | | stop has resulted in the filing of a criminal complaint. | 10 | | The law enforcement agency shall ensure proper care and | 11 | | maintenance of in-car video camera recording equipment and | 12 | | recording medium and breath site video recording equipment and | 13 | | recording medium as provided in paragraph (f) above. An officer | 14 | | operating a patrol vehicle must immediately document and notify | 15 | | a supervisor or his or her designee of any technical | 16 | | difficulties, failures, or problems with the in-car video | 17 | | camera recording equipment or recording medium or breath site | 18 | | video recording equipment and recording medium. Upon receiving | 19 | | notice, the supervisor or his or her designee shall make every | 20 | | reasonable effort to correct and repair any of the and further, | 21 | | determine if it is in the public interest to permit the use of | 22 | | the patrol vehicle or breath test equipment. | 23 | | (i) The law enforcement agency may assess the person | 24 | | requesting any recording made hereunder a fee not to exceed | 25 | | $25.00 to recover the reasonable costs associated with | 26 | | complying with the costs associated with complying with this |
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| 1 | | Section. Such fee may be waived where the requesting party is | 2 | | found to be indigent by the Court. | 3 | | (j) The Department of State Police may promulgate rules to | 4 | | implement this Act. | 5 | | Section 10. The Criminal Code of 2012 is amended by | 6 | | changing Section 14-3 as follows: | 7 | | (720 ILCS 5/14-3) | 8 | | Sec. 14-3. Exemptions. The following activities shall be
| 9 | | exempt from the provisions of this Article: | 10 | | (a) Listening to radio, wireless and television | 11 | | communications of
any sort where the same are publicly made; | 12 | | (b) Hearing conversation when heard by employees of any | 13 | | common
carrier by wire incidental to the normal course of their | 14 | | employment in
the operation, maintenance or repair of the | 15 | | equipment of such common
carrier by wire so long as no | 16 | | information obtained thereby is used or
divulged by the hearer; | 17 | | (c) Any broadcast by radio, television or otherwise whether | 18 | | it be a
broadcast or recorded for the purpose of later | 19 | | broadcasts of any
function where the public is in attendance | 20 | | and the conversations are
overheard incidental to the main | 21 | | purpose for which such broadcasts are
then being made; | 22 | | (d) Recording or listening with the aid of any device to | 23 | | any
emergency communication made in the normal course of | 24 | | operations by any
federal, state or local law enforcement |
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| 1 | | agency or institutions dealing
in emergency services, | 2 | | including, but not limited to, hospitals,
clinics, ambulance | 3 | | services, fire fighting agencies, any public utility,
| 4 | | emergency repair facility, civilian defense establishment or | 5 | | military
installation; | 6 | | (e) Recording the proceedings of any meeting required to be | 7 | | open by
the Open Meetings Act, as amended; | 8 | | (f) Recording or listening with the aid of any device to | 9 | | incoming
telephone calls of phone lines publicly listed or | 10 | | advertised as consumer
"hotlines" by manufacturers or | 11 | | retailers of food and drug products. Such
recordings must be | 12 | | destroyed, erased or turned over to local law
enforcement | 13 | | authorities within 24 hours from the time of such recording and
| 14 | | shall not be otherwise disseminated. Failure on the part of the | 15 | | individual
or business operating any such recording or | 16 | | listening device to comply with
the requirements of this | 17 | | subsection shall eliminate any civil or criminal
immunity | 18 | | conferred upon that individual or business by the operation of
| 19 | | this Section; | 20 | | (g) With prior notification to the State's Attorney of the
| 21 | | county in which
it is to occur, recording or listening with the | 22 | | aid of any device to any
conversation
where a law enforcement | 23 | | officer, or any person acting at the direction of law
| 24 | | enforcement, is a party to the conversation and has consented | 25 | | to it being
intercepted or recorded under circumstances where | 26 | | the use of the device is
necessary for the protection of the |
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| 1 | | law enforcement officer or any person
acting at the direction | 2 | | of law enforcement, in the course of an
investigation
of a | 3 | | forcible felony, a felony offense of involuntary servitude, | 4 | | involuntary sexual servitude of a minor, or trafficking in | 5 | | persons under Section 10-9 of this Code, an offense involving | 6 | | prostitution, solicitation of a sexual act, or pandering, a | 7 | | felony violation of the Illinois Controlled Substances
Act, a | 8 | | felony violation of the Cannabis Control Act, a felony | 9 | | violation of the Methamphetamine Control and Community | 10 | | Protection Act, any "streetgang
related" or "gang-related" | 11 | | felony as those terms are defined in the Illinois
Streetgang | 12 | | Terrorism Omnibus Prevention Act, or any felony offense | 13 | | involving any weapon listed in paragraphs (1) through (11) of | 14 | | subsection (a) of Section 24-1 of this Code.
Any recording or | 15 | | evidence derived
as the
result of this exemption shall be | 16 | | inadmissible in any proceeding, criminal,
civil or
| 17 | | administrative, except (i) where a party to the conversation | 18 | | suffers great
bodily injury or is killed during such | 19 | | conversation, or
(ii)
when used as direct impeachment of a | 20 | | witness concerning matters contained in
the interception or | 21 | | recording. The Director of the
Department of
State Police shall | 22 | | issue regulations as are necessary concerning the use of
| 23 | | devices, retention of tape recordings, and reports regarding | 24 | | their
use; | 25 | | (g-5) With approval of the State's Attorney of the county | 26 | | in
which it is to occur, recording or listening with the aid of |
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| 1 | | any device to any
conversation where a law enforcement officer, | 2 | | or any person acting at the
direction of law enforcement, is a | 3 | | party to the conversation and has consented
to it being | 4 | | intercepted or recorded in the course of an investigation of | 5 | | any
offense defined in Article 29D of this Code.
In all such | 6 | | cases, an application for an order approving
the previous or | 7 | | continuing use of an eavesdropping
device must be made within | 8 | | 48 hours of the commencement of
such use. In the absence of | 9 | | such an order, or upon its denial,
any continuing use shall | 10 | | immediately terminate.
The Director of
State Police shall issue | 11 | | rules as are necessary concerning the use of
devices, retention | 12 | | of tape recordings, and reports regarding their use. | 13 | | Any recording or evidence obtained or derived in the course | 14 | | of an
investigation of any offense defined in Article 29D of | 15 | | this Code shall, upon
motion of the State's Attorney or | 16 | | Attorney General prosecuting any violation of
Article 29D, be | 17 | | reviewed in camera with notice to all parties present by the
| 18 | | court presiding over the criminal
case, and, if ruled by the | 19 | | court to be relevant and otherwise admissible,
it shall be | 20 | | admissible at the trial of the criminal
case. | 21 | | This subsection (g-5) is inoperative on and after January | 22 | | 1, 2005.
No conversations recorded or monitored pursuant to | 23 | | this subsection (g-5)
shall be inadmissible in a court of law | 24 | | by virtue of the repeal of this
subsection (g-5) on January 1, | 25 | | 2005; | 26 | | (g-6) With approval of the State's Attorney of the county |
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| 1 | | in which it is to occur, recording or listening with the aid of | 2 | | any device to any conversation where a law enforcement officer, | 3 | | or any person acting at the direction of law enforcement, is a | 4 | | party to the conversation and has consented to it being | 5 | | intercepted or recorded in the course of an investigation of | 6 | | involuntary servitude, involuntary sexual servitude of a | 7 | | minor, trafficking in persons, child pornography, aggravated | 8 | | child pornography, indecent solicitation of a child, child | 9 | | abduction, luring of a minor, sexual exploitation of a child, | 10 | | predatory criminal sexual assault of a child, aggravated | 11 | | criminal sexual abuse in which the victim of the offense was at | 12 | | the time of the commission of the offense under 18 years of | 13 | | age, criminal sexual abuse by force or threat of force in which | 14 | | the victim of the offense was at the time of the commission of | 15 | | the offense under 18 years of age, or aggravated criminal | 16 | | sexual assault in which the victim of the offense was at the | 17 | | time of the commission of the offense under 18 years of age. In | 18 | | all such cases, an application for an order approving the | 19 | | previous or continuing use of an eavesdropping device must be | 20 | | 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 involuntary servitude, |
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| 1 | | involuntary sexual servitude of a minor, trafficking in | 2 | | persons, child pornography, aggravated child pornography, | 3 | | indecent solicitation of a child, child abduction, luring of a | 4 | | minor, sexual exploitation of a child, predatory criminal | 5 | | sexual assault of a child, aggravated criminal sexual abuse in | 6 | | which the victim of the offense was at the time of the | 7 | | commission of the offense under 18 years of age, criminal | 8 | | sexual abuse by force or threat of force in which the victim of | 9 | | the offense was at the time of the commission of the offense | 10 | | under 18 years of age, or aggravated criminal sexual assault in | 11 | | which the victim of the offense was at the time of the | 12 | | commission of the offense under 18 years of age shall, upon | 13 | | motion of the State's Attorney or Attorney General prosecuting | 14 | | any case involving involuntary servitude, involuntary sexual | 15 | | servitude of a minor, trafficking in persons, child | 16 | | pornography, aggravated child pornography, indecent | 17 | | solicitation of a child, child abduction, luring of a minor, | 18 | | sexual exploitation of a child, predatory criminal sexual | 19 | | assault of a child, aggravated criminal sexual abuse in which | 20 | | the victim of the offense was at the time of the commission of | 21 | | the offense under 18 years of age, criminal sexual abuse by | 22 | | force or threat of force in which the victim of the offense was | 23 | | at the time of the commission of the offense under 18 years of | 24 | | age, or aggravated criminal sexual assault in which the victim | 25 | | of the offense was at the time of the commission of the offense | 26 | | under 18 years of age, be reviewed in camera with notice to all |
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| 1 | | parties present by the court presiding over the criminal case, | 2 | | and, if ruled by the court to be relevant and otherwise | 3 | | admissible, it shall be admissible at the trial of the criminal | 4 | | case. Absent such a ruling, any such recording or evidence | 5 | | shall not be admissible at the trial of the criminal case; | 6 | | (h) Recordings made simultaneously with the use of an | 7 | | in-car video camera recording of an oral
conversation between a | 8 | | uniformed peace officer, who has identified his or her office, | 9 | | and
a person in the presence of the peace officer whenever (i) | 10 | | an officer assigned a patrol vehicle is conducting an | 11 | | enforcement stop; or (ii) patrol vehicle emergency lights are | 12 | | activated or would otherwise be activated if not for the need | 13 | | to conceal the presence of law enforcement. | 14 | | For the purposes of this subsection (h), "enforcement stop" | 15 | | means an action by a law enforcement officer in relation to | 16 | | enforcement and investigation duties, including but not | 17 | | limited to, traffic stops, pedestrian stops, abandoned vehicle | 18 | | contacts, motorist assists, commercial motor vehicle stops, | 19 | | roadside safety checks, requests for identification, or | 20 | | responses to requests for emergency assistance; | 21 | | (h-5) Recordings of utterances made by a person while in | 22 | | the presence of a uniformed peace officer and while an occupant | 23 | | of a police vehicle including, but not limited to, (i) | 24 | | recordings made simultaneously with the use of an in-car video | 25 | | camera and (ii) recordings made in the presence of the peace | 26 | | officer utilizing video or audio systems, or both, authorized |
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| 1 | | by the law enforcement agency; | 2 | | (h-10) Recordings made simultaneously with a video camera | 3 | | recording during
the use of a taser or similar weapon or device | 4 | | by a peace officer if the weapon or device is equipped with | 5 | | such camera; | 6 | | (h-15) Recordings made under subsection (h), (h-5), or | 7 | | (h-10) , or (h-20) shall be retained by the law enforcement | 8 | | agency that employs the peace officer who made the recordings | 9 | | for a storage period of 90 days, unless the recordings are made | 10 | | as a part of an arrest or the recordings are deemed evidence in | 11 | | any criminal, civil, or administrative proceeding and then the | 12 | | recordings must only be destroyed upon a final disposition and | 13 | | an order from the court. Under no circumstances shall any | 14 | | recording be altered or erased prior to the expiration of the | 15 | | designated storage period. Upon completion of the storage | 16 | | period, the recording medium may be erased and reissued for | 17 | | operational use; | 18 | | (h-20) Recordings of activities at an evidentiary breath | 19 | | alcohol test site made under Section 11-501.9 of the Illinois | 20 | | Vehicle Code; | 21 | | (i) Recording of a conversation made by or at the request | 22 | | of a person, not a
law enforcement officer or agent of a law | 23 | | enforcement officer, who is a party
to the conversation, under | 24 | | reasonable suspicion that another party to the
conversation is | 25 | | committing, is about to commit, or has committed a criminal
| 26 | | offense against the person or a member of his or her immediate |
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| 1 | | household, and
there is reason to believe that evidence of the | 2 | | criminal offense may be
obtained by the recording; | 3 | | (j) The use of a telephone monitoring device by either (1) | 4 | | a
corporation or other business entity engaged in marketing or | 5 | | opinion research
or (2) a corporation or other business entity | 6 | | engaged in telephone
solicitation, as
defined in this | 7 | | subsection, to record or listen to oral telephone solicitation
| 8 | | conversations or marketing or opinion research conversations | 9 | | by an employee of
the corporation or other business entity | 10 | | when: | 11 | | (i) the monitoring is used for the purpose of service | 12 | | quality control of
marketing or opinion research or | 13 | | telephone solicitation, the education or
training of | 14 | | employees or contractors
engaged in marketing or opinion | 15 | | research or telephone solicitation, or internal
research | 16 | | related to marketing or
opinion research or telephone
| 17 | | solicitation; and | 18 | | (ii) the monitoring is used with the consent of at | 19 | | least one person who
is an active party to the marketing or | 20 | | opinion research conversation or
telephone solicitation | 21 | | conversation being
monitored. | 22 | | No communication or conversation or any part, portion, or | 23 | | aspect of the
communication or conversation made, acquired, or | 24 | | obtained, directly or
indirectly,
under this exemption (j), may | 25 | | be, directly or indirectly, furnished to any law
enforcement | 26 | | officer, agency, or official for any purpose or used in any |
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| 1 | | inquiry
or investigation, or used, directly or indirectly, in | 2 | | any administrative,
judicial, or other proceeding, or divulged | 3 | | to any third party. | 4 | | When recording or listening authorized by this subsection | 5 | | (j) on telephone
lines used for marketing or opinion research | 6 | | or telephone solicitation purposes
results in recording or
| 7 | | listening to a conversation that does not relate to marketing | 8 | | or opinion
research or telephone solicitation; the
person | 9 | | recording or listening shall, immediately upon determining | 10 | | that the
conversation does not relate to marketing or opinion | 11 | | research or telephone
solicitation, terminate the recording
or | 12 | | listening and destroy any such recording as soon as is | 13 | | practicable. | 14 | | Business entities that use a telephone monitoring or | 15 | | telephone recording
system pursuant to this exemption (j) shall | 16 | | provide current and prospective
employees with notice that the | 17 | | monitoring or recordings may occur during the
course of their | 18 | | employment. The notice shall include prominent signage
| 19 | | notification within the workplace. | 20 | | Business entities that use a telephone monitoring or | 21 | | telephone recording
system pursuant to this exemption (j) shall | 22 | | provide their employees or agents
with access to personal-only | 23 | | telephone lines which may be pay telephones, that
are not | 24 | | subject to telephone monitoring or telephone recording. | 25 | | For the purposes of this subsection (j), "telephone | 26 | | solicitation" means a
communication through the use of a |
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| 1 | | telephone by live operators: | 2 | | (i) soliciting the sale of goods or services; | 3 | | (ii) receiving orders for the sale of goods or | 4 | | services; | 5 | | (iii) assisting in the use of goods or services; or | 6 | | (iv) engaging in the solicitation, administration, or | 7 | | collection of bank
or
retail credit accounts. | 8 | | For the purposes of this subsection (j), "marketing or | 9 | | opinion research"
means
a marketing or opinion research | 10 | | interview conducted by a live telephone
interviewer engaged by | 11 | | a corporation or other business entity whose principal
business | 12 | | is the design, conduct, and analysis of polls and surveys | 13 | | measuring
the
opinions, attitudes, and responses of | 14 | | respondents toward products and services,
or social or | 15 | | political issues, or both; | 16 | | (k) Electronic recordings, including but not limited to, a | 17 | | motion picture,
videotape, digital, or other visual or audio | 18 | | recording, made of a custodial
interrogation of an individual | 19 | | at a police station or other place of detention
by a law | 20 | | enforcement officer under Section 5-401.5 of the Juvenile Court | 21 | | Act of
1987 or Section 103-2.1 of the Code of Criminal | 22 | | Procedure of 1963; | 23 | | (l) Recording the interview or statement of any person when | 24 | | the person
knows that the interview is being conducted by a law | 25 | | enforcement officer or
prosecutor and the interview takes place | 26 | | at a police station that is currently
participating in the |
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| 1 | | Custodial Interview Pilot Program established under the
| 2 | | Illinois Criminal Justice Information Act; | 3 | | (m) An electronic recording, including but not limited to, | 4 | | a motion picture,
videotape, digital, or other visual or audio | 5 | | recording, made of the interior of a school bus while the | 6 | | school bus is being used in the transportation of students to | 7 | | and from school and school-sponsored activities, when the | 8 | | school board has adopted a policy authorizing such recording, | 9 | | notice of such recording policy is included in student | 10 | | handbooks and other documents including the policies of the | 11 | | school, notice of the policy regarding recording is provided to | 12 | | parents of students, and notice of such recording is clearly | 13 | | posted on the door of and inside the school bus.
| 14 | | Recordings made pursuant to this subsection (m) shall be | 15 | | confidential records and may only be used by school officials | 16 | | (or their designees) and law enforcement personnel for | 17 | | investigations, school disciplinary actions and hearings, | 18 | | proceedings under the Juvenile Court Act of 1987, and criminal | 19 | | prosecutions, related to incidents occurring in or around the | 20 | | school bus; | 21 | | (n)
Recording or listening to an audio transmission from a | 22 | | microphone placed by a person under the authority of a law | 23 | | enforcement agency inside a bait car surveillance vehicle while | 24 | | simultaneously capturing a photographic or video image; | 25 | | (o) The use of an eavesdropping camera or audio device | 26 | | during an ongoing hostage or barricade situation by a law |
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| 1 | | enforcement officer or individual acting on behalf of a law | 2 | | enforcement officer when the use of such device is necessary to | 3 | | protect the safety of the general public, hostages, or law | 4 | | enforcement officers or anyone acting on their behalf; | 5 | | (p) Recording or listening with the aid of any device to | 6 | | incoming telephone calls of phone lines publicly listed or | 7 | | advertised as the "CPS Violence Prevention Hotline", but only | 8 | | where the notice of recording is given at the beginning of each | 9 | | call as required by Section 34-21.8 of the School Code. The | 10 | | recordings may be retained only by the Chicago Police | 11 | | Department or other law enforcement authorities, and shall not | 12 | | be otherwise retained or disseminated; and | 13 | | (q)(1) With prior request to and verbal approval of the | 14 | | State's Attorney of the county in which the conversation is | 15 | | anticipated to occur, recording or listening with the aid of an | 16 | | eavesdropping device to a conversation in which a law | 17 | | enforcement officer, or any person acting at the direction of a | 18 | | law enforcement officer, is a party to the conversation and has | 19 | | consented to the conversation being intercepted or recorded in | 20 | | the course of an investigation of a drug offense. The State's | 21 | | Attorney may grant this verbal approval only after determining | 22 | | that reasonable cause exists to believe that a drug offense | 23 | | will be committed by a specified individual or individuals | 24 | | within a designated period of time. | 25 | | (2) Request for approval. To invoke the exception contained | 26 | | in this subsection (q), a law enforcement officer shall make a |
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| 1 | | written or verbal request for approval to the appropriate | 2 | | State's Attorney. This request for approval shall include | 3 | | whatever information is deemed necessary by the State's | 4 | | Attorney but shall include, at a minimum, the following | 5 | | information about each specified individual whom the law | 6 | | enforcement officer believes will commit a drug offense: | 7 | | (A) his or her full or partial name, nickname or alias; | 8 | | (B) a physical description; or | 9 | | (C) failing either (A) or (B) of this paragraph (2), | 10 | | any other supporting information known to the law | 11 | | enforcement officer at the time of the request that gives | 12 | | rise to reasonable cause to believe the individual will | 13 | | commit a drug offense. | 14 | | (3) Limitations on verbal approval. Each verbal approval by | 15 | | the State's Attorney under this subsection (q) shall be limited | 16 | | to: | 17 | | (A) a recording or interception conducted by a | 18 | | specified law enforcement officer or person acting at the | 19 | | direction of a law enforcement officer; | 20 | | (B) recording or intercepting conversations with the | 21 | | individuals specified in the request for approval, | 22 | | provided that the verbal approval shall be deemed to | 23 | | include the recording or intercepting of conversations | 24 | | with other individuals, unknown to the law enforcement | 25 | | officer at the time of the request for approval, who are | 26 | | acting in conjunction with or as co-conspirators with the |
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| 1 | | individuals specified in the request for approval in the | 2 | | commission of a drug offense; | 3 | | (C) a reasonable period of time but in no event longer | 4 | | than 24 consecutive hours. | 5 | | (4) Admissibility of evidence. No part of the contents of | 6 | | any wire, electronic, or oral communication that has been | 7 | | recorded or intercepted as a result of this exception may be | 8 | | received in evidence in any trial, hearing, or other proceeding | 9 | | in or before any court, grand jury, department, officer, | 10 | | agency, regulatory body, legislative committee, or other | 11 | | authority of this State, or a political subdivision of the | 12 | | State, other than in a prosecution of: | 13 | | (A) a drug offense; | 14 | | (B) a forcible felony committed directly in the course | 15 | | of the investigation of a drug offense for which verbal | 16 | | approval was given to record or intercept a conversation | 17 | | under this subsection (q); or | 18 | | (C) any other forcible felony committed while the | 19 | | recording or interception was approved in accordance with | 20 | | this Section (q), but for this specific category of | 21 | | prosecutions, only if the law enforcement officer or person | 22 | | acting at the direction of a law enforcement officer who | 23 | | has consented to the conversation being intercepted or | 24 | | recorded suffers great bodily injury or is killed during | 25 | | the commission of the charged forcible felony. | 26 | | (5) Compliance with the provisions of this subsection is a |
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| 1 | | prerequisite to the admissibility in evidence of any part of | 2 | | the contents of any wire, electronic or oral communication that | 3 | | has been intercepted as a result of this exception, but nothing | 4 | | in this subsection shall be deemed to prevent a court from | 5 | | otherwise excluding the evidence on any other ground, nor shall | 6 | | anything in this subsection be deemed to prevent a court from | 7 | | independently reviewing the admissibility of the evidence for | 8 | | compliance with the Fourth Amendment to the U.S. Constitution | 9 | | or with Article I, Section 6 of the Illinois Constitution. | 10 | | (6) Use of recordings or intercepts unrelated to drug | 11 | | offenses. Whenever any wire, electronic, or oral communication | 12 | | has been recorded or intercepted as a result of this exception | 13 | | that is not related to a drug offense or a forcible felony | 14 | | committed in the course of a drug offense, no part of the | 15 | | contents of the communication and evidence derived from the | 16 | | communication may be received in evidence in any trial, | 17 | | hearing, or other proceeding in or before any court, grand | 18 | | jury, department, officer, agency, regulatory body, | 19 | | legislative committee, or other authority of this State, or a | 20 | | political subdivision of the State, nor may it be publicly | 21 | | disclosed in any way. | 22 | | (7) Definitions. For the purposes of this subsection (q) | 23 | | only: | 24 | | "Drug offense" includes and is limited to a felony | 25 | | violation of one of the following: (A) the Illinois | 26 | | Controlled Substances Act, (B) the Cannabis Control Act, |
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| 1 | | and (C) the Methamphetamine Control and Community | 2 | | Protection Act. | 3 | | "Forcible felony" includes and is limited to those | 4 | | offenses contained in Section 2-8 of the Criminal Code of | 5 | | 1961 as of the effective date of this amendatory Act of the | 6 | | 97th General Assembly, and only as those offenses have been | 7 | | defined by law or judicial interpretation as of that date. | 8 | | "State's Attorney" includes and is limited to the | 9 | | State's Attorney or an assistant State's Attorney | 10 | | designated by the State's Attorney to provide verbal | 11 | | approval to record or intercept conversations under this | 12 | | subsection (q). | 13 | | (8) Sunset. This subsection (q) is inoperative on and after | 14 | | January 1, 2015. No conversations intercepted pursuant to this | 15 | | subsection (q), while operative, shall be inadmissible in a | 16 | | court of law by virtue of the inoperability of this subsection | 17 | | (q) on January 1, 2015. | 18 | | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | 19 | | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. | 20 | | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | 21 | | eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised | 22 | | 8-23-12.)
| 23 | | Section 99. Effective date. This Act takes effect July 1, | 24 | | 2014.
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