Full Text of SB1006 98th General Assembly
SB1006eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 2. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory Exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be exempt | 9 | | from inspection and copying: | 10 | | (a) All information determined to be confidential under | 11 | | Section 4002 of the Technology Advancement and Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library Records | 14 | | Confidentiality Act. | 15 | | (c) Applications, related documents, and medical records | 16 | | received by the Experimental Organ Transplantation Procedures | 17 | | Board and any and all documents or other records prepared by | 18 | | the Experimental Organ Transplantation Procedures Board or its | 19 | | staff relating to applications it has received. | 20 | | (d) Information and records held by the Department of | 21 | | Public Health and its authorized representatives relating to | 22 | | known or suspected cases of sexually transmissible disease or | 23 | | any information the disclosure of which is restricted under the |
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| 1 | | Illinois Sexually Transmissible Disease Control Act. | 2 | | (e) Information the disclosure of which is exempted under | 3 | | Section 30 of the Radon Industry Licensing Act. | 4 | | (f) Firm performance evaluations under Section 55 of the | 5 | | Architectural, Engineering, and Land Surveying Qualifications | 6 | | Based Selection Act. | 7 | | (g) Information the disclosure of which is restricted and | 8 | | exempted under Section 50 of the Illinois Prepaid Tuition Act. | 9 | | (h) Information the disclosure of which is exempted under | 10 | | the State Officials and Employees Ethics Act, and records of | 11 | | any lawfully created State or local inspector general's office | 12 | | that would be exempt if created or obtained by an Executive | 13 | | Inspector General's office under that Act. | 14 | | (i) Information contained in a local emergency energy plan | 15 | | submitted to a municipality in accordance with a local | 16 | | emergency energy plan ordinance that is adopted under Section | 17 | | 11-21.5-5 of the Illinois Municipal Code. | 18 | | (j) Information and data concerning the distribution of | 19 | | surcharge moneys collected and remitted by wireless carriers | 20 | | under the Wireless Emergency Telephone Safety Act. | 21 | | (k) Law enforcement officer identification information or | 22 | | driver identification information compiled by a law | 23 | | enforcement agency or the Department of Transportation under | 24 | | Section 11-212 of the Illinois Vehicle Code. | 25 | | (l) Records and information provided to a residential | 26 | | health care facility resident sexual assault and death review |
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| 1 | | team or the Executive Council under the Abuse Prevention Review | 2 | | Team Act. | 3 | | (m) Information provided to the predatory lending database | 4 | | created pursuant to Article 3 of the Residential Real Property | 5 | | Disclosure Act, except to the extent authorized under that | 6 | | Article. | 7 | | (n) Defense budgets and petitions for certification of | 8 | | compensation and expenses for court appointed trial counsel as | 9 | | provided under Sections 10 and 15 of the Capital Crimes | 10 | | Litigation Act. This subsection (n) shall apply until the | 11 | | conclusion of the trial of the case, even if the prosecution | 12 | | chooses not to pursue the death penalty prior to trial or | 13 | | sentencing. | 14 | | (o) Information that is prohibited from being disclosed | 15 | | under Section 4 of the Illinois Health and Hazardous Substances | 16 | | Registry Act. | 17 | | (p) Security portions of system safety program plans, | 18 | | investigation reports, surveys, schedules, lists, data, or | 19 | | information compiled, collected, or prepared by or for the | 20 | | Regional Transportation Authority under Section 2.11 of the | 21 | | Regional Transportation Authority Act or the St. Clair County | 22 | | Transit District under the Bi-State Transit Safety Act. | 23 | | (q) Information prohibited from being disclosed by the | 24 | | Personnel Records Review Act. | 25 | | (r) Information prohibited from being disclosed by the | 26 | | Illinois School Student Records Act. |
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| 1 | | (s) Information the disclosure of which is restricted under | 2 | | Section 5-108 of the Public Utilities Act.
| 3 | | (t) All identified or deidentified health information in | 4 | | the form of health data or medical records contained in, stored | 5 | | in, submitted to, transferred by, or released from the Illinois | 6 | | Health Information Exchange, and identified or deidentified | 7 | | health information in the form of health data and medical | 8 | | records of the Illinois Health Information Exchange in the | 9 | | possession of the Illinois Health Information Exchange | 10 | | Authority due to its administration of the Illinois Health | 11 | | Information Exchange. The terms "identified" and | 12 | | "deidentified" shall be given the same meaning as in the Health | 13 | | Insurance Accountability and Portability Act of 1996, Public | 14 | | Law 104-191, or any subsequent amendments thereto, and any | 15 | | regulations promulgated thereunder. | 16 | | (u) Records and information provided to an independent team | 17 | | of experts under Brian's Law. | 18 | | (v) Names and information of people who have applied for or | 19 | | received Firearm Owner's Identification Cards under the | 20 | | Firearm Owners Identification Card Act. | 21 | | (w) Personally identifiable information which is exempted | 22 | | from disclosure under subsection (g) of Section 19.1 of the | 23 | | Toll Highway Act. | 24 | | (x) Information which is exempted from disclosure under | 25 | | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | 26 | | Illinois Municipal Code. |
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| 1 | | (y) Any and all abstract data and information collected | 2 | | under Section 7.7 of the Illinois Criminal Justice Information | 3 | | Act. | 4 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | 5 | | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | 6 | | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | 7 | | eff. 1-1-13.) | 8 | | Section 5. The Illinois Criminal Justice Information Act is | 9 | | amended by adding Section 7.7 as follows: | 10 | | (20 ILCS 3930/7.7 new) | 11 | | Sec. 7.7. Electronic Recordings Database. | 12 | | (a) Subject to appropriation, an Electronic Recordings | 13 | | Database is created within the Illinois Criminal Justice | 14 | | Information Authority. | 15 | | (b) The Illinois Criminal Justice Information Authority | 16 | | shall collect and retain in the Electronic Recordings Database | 17 | | all abstract data of the numbers of investigations and types of | 18 | | crimes captured during the electronic recording of custodial | 19 | | interrogations under Section 5-401.5 of the Juvenile Court Act | 20 | | of 1987 and Section 103-2.1 of the Code of Criminal Procedure | 21 | | of 1963. The Electronic Recordings Database shall serve as a | 22 | | repository for all of the foregoing collected abstract data. | 23 | | (c) The Illinois Criminal Justice Information Authority | 24 | | shall develop administrative rules to provide for the |
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| 1 | | coordination and collection of abstract data relating to the | 2 | | Electronic Recordings Database from all law enforcement | 3 | | agencies in this State, which shall be shared only with other | 4 | | government agencies. | 5 | | (d) The Illinois Criminal Justice Information Authority | 6 | | shall develop procedures and protocols for the submission of | 7 | | abstract data to the Database in conjunction with the agencies | 8 | | submitting abstract data. | 9 | | Section 10. The Juvenile Court Act of 1987 is amended by | 10 | | changing Section 5-401.5 as follows:
| 11 | | (705 ILCS 405/5-401.5)
| 12 | | Sec. 5-401.5. When statements by minor may be used.
| 13 | | (a) In this Section, "custodial interrogation" means any | 14 | | interrogation
(i) during which a reasonable person in the | 15 | | subject's position
would consider himself or herself to be in | 16 | | custody and (ii) during which
a
question is asked that is | 17 | | reasonably likely to elicit an incriminating
response.
| 18 | | In this Section, "electronic recording" includes motion | 19 | | picture,
audiotape, videotape, or digital recording.
| 20 | | In this Section, "place of detention" means a building
or a | 21 | | police station that is a place of operation for a municipal | 22 | | police
department or county sheriff department or other law | 23 | | enforcement agency
at which persons are or may be held in | 24 | | detention in
connection with criminal charges against those |
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| 1 | | persons or allegations that
those
persons are delinquent | 2 | | minors.
| 3 | | (b) An oral, written, or sign language statement of a minor | 4 | | who, at the time
of the
commission of the offense was under the | 5 | | age of 17
years, made as a
result of a custodial interrogation | 6 | | conducted at a police station or other
place of detention on or | 7 | | after
the effective date of
this amendatory Act of the 93rd | 8 | | General Assembly shall be presumed to be
inadmissible as | 9 | | evidence against the
minor in
any criminal proceeding or | 10 | | juvenile court proceeding,
for an act that if committed by an | 11 | | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | 12 | | 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012,
or under clause (d)(1)(F) of Section | 14 | | 11-501 of the Illinois Vehicle Code
unless:
| 15 | | (1) an electronic recording
is made of the custodial | 16 | | interrogation; and
| 17 | | (2) the recording is substantially accurate and not | 18 | | intentionally altered.
| 19 | | (b-1) Electronic recordings may be made of statements of a | 20 | | minor regarding felony offenses in addition to those enumerated | 21 | | in subsection (b). | 22 | | (c) Every electronic recording prepared required under | 23 | | this Section
must be preserved
until such time as the
minor's | 24 | | adjudication
for any
offense relating to the statement is final | 25 | | and all direct and habeas corpus
appeals are
exhausted,
or the | 26 | | prosecution of such offenses is barred by law.
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| 1 | | (d) If the court finds, by a preponderance of the evidence, | 2 | | that the
minor
was
subjected to a custodial interrogation in | 3 | | violation of subsection (b) this Section ,
then any statements | 4 | | made
by the
minor during or following that non-recorded | 5 | | custodial interrogation, even
if
otherwise in compliance with | 6 | | this Section, are presumed to be inadmissible in
any criminal
| 7 | | proceeding or juvenile court proceeding against the minor | 8 | | except for the
purposes of impeachment.
| 9 | | (e) Nothing in this Section precludes the admission (i) of | 10 | | a statement made
by the
minor in open court in any criminal | 11 | | proceeding or juvenile court proceeding,
before a grand jury, | 12 | | or
at a
preliminary hearing,
(ii) of a
statement made during a
| 13 | | custodial interrogation that was not recorded as required by
| 14 | | this
Section because electronic recording was not feasible, | 15 | | (iii) of a
voluntary
statement,
whether or not the result of a | 16 | | custodial interrogation, that has a bearing on
the
credibility | 17 | | of the accused as a witness, (iv)
of a spontaneous statement
| 18 | | that is not made in response to a question,
(v) of a statement | 19 | | made after questioning that is routinely
asked during the | 20 | | processing of the arrest of the suspect, (vi) of a statement
| 21 | | made during a custodial interrogation by a suspect who | 22 | | requests, prior to
making
the statement, to respond to the
| 23 | | interrogator's questions only if
an electronic recording is not | 24 | | made of the statement, provided that an
electronic
recording is | 25 | | made of the statement of agreeing to respond to
the | 26 | | interrogator's question, only if a recording is not made of the |
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| 1 | | statement,
(vii)
of a statement made
during a custodial
| 2 | | interrogation that is conducted out-of-state,
(viii)
of a
| 3 | | statement given at a time when the interrogators are unaware | 4 | | that a death
has in fact occurred, or (ix) of any
other | 5 | | statement that may be admissible under law. The State shall | 6 | | bear the
burden of proving, by a preponderance of the evidence, | 7 | | that one of the
exceptions described in this subsection (e) is | 8 | | applicable. Nothing in this
Section precludes the admission of | 9 | | a statement, otherwise inadmissible under
this Section, that is | 10 | | used only for impeachment and not as substantive
evidence. | 11 | | Nothing in this Section precludes the admission of a statement | 12 | | in a criminal court proceeding or juvenile court proceeding | 13 | | involving a felony offense other than those enumerated in | 14 | | subsection (b).
| 15 | | (f) The presumption of inadmissibility of a statement made | 16 | | by a suspect at
a custodial interrogation at a police station | 17 | | or other place of detention may
be overcome by a preponderance | 18 | | of the evidence
that
the statement was voluntarily given and is | 19 | | reliable, based on the totality of
the
circumstances.
| 20 | | (g) Any electronic recording of any statement made by a | 21 | | minor during a
custodial interrogation that is compiled by any | 22 | | law enforcement agency as
required by this Section for the | 23 | | purposes of fulfilling the requirements of
this
Section shall | 24 | | be confidential and exempt from public inspection and copying, | 25 | | as
provided under Section 7 of the Freedom of Information Act, | 26 | | and the information
shall not be transmitted to anyone except |
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| 1 | | as needed to comply with this
Section.
| 2 | | (g-1) All law enforcement agencies shall submit monthly | 3 | | reports to the Electronic Recordings Database in the Illinois | 4 | | Criminal Justice Information Authority regarding any | 5 | | electronic recordings made under this Section in a form and in | 6 | | a manner as may be prescribed by rules adopted by the Illinois | 7 | | Criminal Justice Information Authority. | 8 | | (h) A statement, admission, confession, or incriminating | 9 | | information made by or obtained from a minor related to the | 10 | | instant offense, as part of any behavioral health screening, | 11 | | assessment, evaluation, or treatment, whether or not | 12 | | court-ordered, shall not be admissible as evidence against the | 13 | | minor on the issue of guilt only in the instant juvenile court | 14 | | proceeding. The provisions of this subsection (h) are in | 15 | | addition to and do not override any existing statutory and | 16 | | constitutional prohibition on the admission into evidence in | 17 | | delinquency proceedings of information obtained during | 18 | | screening, assessment, or treatment. | 19 | | (Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| 20 | | Section 15. The Criminal Code of 2012 is amended by | 21 | | changing Section 14-3 as follows: | 22 | | (720 ILCS 5/14-3) | 23 | | Sec. 14-3. Exemptions. The following activities shall be
| 24 | | exempt from the provisions of this Article: |
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| 1 | | (a) Listening to radio, wireless and television | 2 | | communications of
any sort where the same are publicly made; | 3 | | (b) Hearing conversation when heard by employees of any | 4 | | common
carrier by wire incidental to the normal course of their | 5 | | employment in
the operation, maintenance or repair of the | 6 | | equipment of such common
carrier by wire so long as no | 7 | | information obtained thereby is used or
divulged by the hearer; | 8 | | (c) Any broadcast by radio, television or otherwise whether | 9 | | it be a
broadcast or recorded for the purpose of later | 10 | | broadcasts of any
function where the public is in attendance | 11 | | and the conversations are
overheard incidental to the main | 12 | | purpose for which such broadcasts are
then being made; | 13 | | (d) Recording or listening with the aid of any device to | 14 | | any
emergency communication made in the normal course of | 15 | | operations by any
federal, state or local law enforcement | 16 | | agency or institutions dealing
in emergency services, | 17 | | including, but not limited to, hospitals,
clinics, ambulance | 18 | | services, fire fighting agencies, any public utility,
| 19 | | emergency repair facility, civilian defense establishment or | 20 | | military
installation; | 21 | | (e) Recording the proceedings of any meeting required to be | 22 | | open by
the Open Meetings Act, as amended; | 23 | | (f) Recording or listening with the aid of any device to | 24 | | incoming
telephone calls of phone lines publicly listed or | 25 | | advertised as consumer
"hotlines" by manufacturers or | 26 | | retailers of food and drug products. Such
recordings must be |
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| 1 | | destroyed, erased or turned over to local law
enforcement | 2 | | authorities within 24 hours from the time of such recording and
| 3 | | shall not be otherwise disseminated. Failure on the part of the | 4 | | individual
or business operating any such recording or | 5 | | listening device to comply with
the requirements of this | 6 | | subsection shall eliminate any civil or criminal
immunity | 7 | | conferred upon that individual or business by the operation of
| 8 | | this Section; | 9 | | (g) With prior notification to the State's Attorney of the
| 10 | | county in which
it is to occur, recording or listening with the | 11 | | aid of any device to any
conversation
where a law enforcement | 12 | | officer, or any person acting at the direction of law
| 13 | | enforcement, is a party to the conversation and has consented | 14 | | to it being
intercepted or recorded under circumstances where | 15 | | the use of the device is
necessary for the protection of the | 16 | | law enforcement officer or any person
acting at the direction | 17 | | of law enforcement, in the course of an
investigation
of a | 18 | | forcible felony, a felony offense of involuntary servitude, | 19 | | involuntary sexual servitude of a minor, or trafficking in | 20 | | persons under Section 10-9 of this Code, an offense involving | 21 | | prostitution, solicitation of a sexual act, or pandering, a | 22 | | felony violation of the Illinois Controlled Substances
Act, a | 23 | | felony violation of the Cannabis Control Act, a felony | 24 | | violation of the Methamphetamine Control and Community | 25 | | Protection Act, any "streetgang
related" or "gang-related" | 26 | | felony as those terms are defined in the Illinois
Streetgang |
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| 1 | | Terrorism Omnibus Prevention Act, or any felony offense | 2 | | involving any weapon listed in paragraphs (1) through (11) of | 3 | | subsection (a) of Section 24-1 of this Code.
Any recording or | 4 | | evidence derived
as the
result of this exemption shall be | 5 | | inadmissible in any proceeding, criminal,
civil or
| 6 | | administrative, except (i) where a party to the conversation | 7 | | suffers great
bodily injury or is killed during such | 8 | | conversation, or
(ii)
when used as direct impeachment of a | 9 | | witness concerning matters contained in
the interception or | 10 | | recording. The Director of the
Department of
State Police shall | 11 | | issue regulations as are necessary concerning the use of
| 12 | | devices, retention of tape recordings, and reports regarding | 13 | | their
use; | 14 | | (g-5) With approval of the State's Attorney of the county | 15 | | in
which it is to occur, recording or listening with the aid of | 16 | | any device to any
conversation where a law enforcement officer, | 17 | | or any person acting at the
direction of law enforcement, is a | 18 | | party to the conversation and has consented
to it being | 19 | | intercepted or recorded in the course of an investigation of | 20 | | any
offense defined in Article 29D of this Code.
In all such | 21 | | cases, an application for an order approving
the previous or | 22 | | continuing use of an eavesdropping
device must be made within | 23 | | 48 hours of the commencement of
such use. In the absence of | 24 | | such an order, or upon its denial,
any continuing use shall | 25 | | immediately terminate.
The Director of
State Police shall issue | 26 | | rules as are necessary concerning the use of
devices, retention |
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| 1 | | of tape recordings, and reports regarding their use. | 2 | | Any recording or evidence obtained or derived in the course | 3 | | of an
investigation of any offense defined in Article 29D of | 4 | | this Code shall, upon
motion of the State's Attorney or | 5 | | Attorney General prosecuting any violation of
Article 29D, be | 6 | | reviewed in camera with notice to all parties present by the
| 7 | | court presiding over the criminal
case, and, if ruled by the | 8 | | court to be relevant and otherwise admissible,
it shall be | 9 | | admissible at the trial of the criminal
case. | 10 | | This subsection (g-5) is inoperative on and after January | 11 | | 1, 2005.
No conversations recorded or monitored pursuant to | 12 | | this subsection (g-5)
shall be inadmissible in a court of law | 13 | | by virtue of the repeal of this
subsection (g-5) on January 1, | 14 | | 2005; | 15 | | (g-6) With approval of the State's Attorney of the county | 16 | | in which it is to occur, recording or listening with the aid of | 17 | | any device to any conversation where a law enforcement officer, | 18 | | or any person acting at the direction of law enforcement, is a | 19 | | party to the conversation and has consented to it being | 20 | | intercepted or recorded in the course of an investigation of | 21 | | involuntary servitude, involuntary sexual servitude of a | 22 | | minor, trafficking in persons, child pornography, aggravated | 23 | | child pornography, indecent solicitation of a child, child | 24 | | abduction, luring of a minor, sexual exploitation of a child, | 25 | | predatory criminal sexual assault of a child, aggravated | 26 | | criminal sexual abuse in which the victim of the offense was at |
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| 1 | | the time of the commission of the offense under 18 years of | 2 | | age, criminal sexual abuse by force or threat of force in which | 3 | | the victim of the offense was at the time of the commission of | 4 | | the offense under 18 years of age, or aggravated criminal | 5 | | sexual assault in which the victim of the offense was at the | 6 | | time of the commission of the offense under 18 years of age. In | 7 | | all such cases, an application for an order approving the | 8 | | previous or continuing use of an eavesdropping device must be | 9 | | made within 48 hours of the commencement of such use. In the | 10 | | absence of such an order, or upon its denial, any continuing | 11 | | use shall immediately terminate. The Director of State Police | 12 | | shall issue rules as are necessary concerning the use of | 13 | | devices, retention of recordings, and reports regarding their | 14 | | use.
Any recording or evidence obtained or derived in the | 15 | | course of an investigation of involuntary servitude, | 16 | | involuntary sexual servitude of a minor, trafficking in | 17 | | persons, child pornography, aggravated child pornography, | 18 | | indecent solicitation of a child, child abduction, luring of a | 19 | | minor, sexual exploitation of a child, predatory criminal | 20 | | sexual assault of a child, aggravated criminal sexual abuse in | 21 | | which the victim of the offense was at the time of the | 22 | | commission of the offense under 18 years of age, criminal | 23 | | sexual abuse by force or threat of force in which the victim of | 24 | | the offense was at the time of the commission of the offense | 25 | | under 18 years of age, or aggravated criminal sexual assault in | 26 | | which the victim of the offense was at the time of the |
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| 1 | | commission of the offense under 18 years of age shall, upon | 2 | | motion of the State's Attorney or Attorney General prosecuting | 3 | | any case involving involuntary servitude, involuntary sexual | 4 | | servitude of a minor, trafficking in persons, child | 5 | | pornography, aggravated child pornography, indecent | 6 | | solicitation of a child, child abduction, luring of a minor, | 7 | | sexual exploitation of a child, predatory criminal sexual | 8 | | assault of a child, aggravated criminal sexual abuse in which | 9 | | the victim of the offense was at the time of the commission of | 10 | | the offense under 18 years of age, criminal sexual abuse by | 11 | | force or threat of force in which the victim of the offense was | 12 | | at the time of the commission of the offense under 18 years of | 13 | | age, or aggravated criminal sexual assault in which the victim | 14 | | of the offense was at the time of the commission of the offense | 15 | | under 18 years of age, be reviewed in camera with notice to all | 16 | | parties present by the court presiding over the criminal case, | 17 | | and, if ruled by the court to be relevant and otherwise | 18 | | admissible, it shall be admissible at the trial of the criminal | 19 | | case. Absent such a ruling, any such recording or evidence | 20 | | shall not be admissible at the trial of the criminal case; | 21 | | (h) Recordings made simultaneously with the use of an | 22 | | in-car video camera recording of an oral
conversation between a | 23 | | uniformed peace officer, who has identified his or her office, | 24 | | and
a person in the presence of the peace officer whenever (i) | 25 | | an officer assigned a patrol vehicle is conducting an | 26 | | enforcement stop; or (ii) patrol vehicle emergency lights are |
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| 1 | | activated or would otherwise be activated if not for the need | 2 | | to conceal the presence of law enforcement. | 3 | | For the purposes of this subsection (h), "enforcement stop" | 4 | | means an action by a law enforcement officer in relation to | 5 | | enforcement and investigation duties, including but not | 6 | | limited to, traffic stops, pedestrian stops, abandoned vehicle | 7 | | contacts, motorist assists, commercial motor vehicle stops, | 8 | | roadside safety checks, requests for identification, or | 9 | | responses to requests for emergency assistance; | 10 | | (h-5) Recordings of utterances made by a person while in | 11 | | the presence of a uniformed peace officer and while an occupant | 12 | | of a police vehicle including, but not limited to, (i) | 13 | | recordings made simultaneously with the use of an in-car video | 14 | | camera and (ii) recordings made in the presence of the peace | 15 | | officer utilizing video or audio systems, or both, authorized | 16 | | by the law enforcement agency; | 17 | | (h-10) Recordings made simultaneously with a video camera | 18 | | recording during
the use of a taser or similar weapon or device | 19 | | by a peace officer if the weapon or device is equipped with | 20 | | such camera; | 21 | | (h-15) Recordings made under subsection (h), (h-5), or | 22 | | (h-10) shall be retained by the law enforcement agency that | 23 | | employs the peace officer who made the recordings for a storage | 24 | | period of 90 days, unless the recordings are made as a part of | 25 | | an arrest or the recordings are deemed evidence in any | 26 | | criminal, civil, or administrative proceeding and then the |
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| 1 | | recordings must only be destroyed upon a final disposition and | 2 | | an order from the court. Under no circumstances shall any | 3 | | recording be altered or erased prior to the expiration of the | 4 | | designated storage period. Upon completion of the storage | 5 | | period, the recording medium may be erased and reissued for | 6 | | operational use; | 7 | | (i) Recording of a conversation made by or at the request | 8 | | of a person, not a
law enforcement officer or agent of a law | 9 | | enforcement officer, who is a party
to the conversation, under | 10 | | reasonable suspicion that another party to the
conversation is | 11 | | committing, is about to commit, or has committed a criminal
| 12 | | offense against the person or a member of his or her immediate | 13 | | household, and
there is reason to believe that evidence of the | 14 | | criminal offense may be
obtained by the recording; | 15 | | (j) The use of a telephone monitoring device by either (1) | 16 | | a
corporation or other business entity engaged in marketing or | 17 | | opinion research
or (2) a corporation or other business entity | 18 | | engaged in telephone
solicitation, as
defined in this | 19 | | subsection, to record or listen to oral telephone solicitation
| 20 | | conversations or marketing or opinion research conversations | 21 | | by an employee of
the corporation or other business entity | 22 | | when: | 23 | | (i) the monitoring is used for the purpose of service | 24 | | quality control of
marketing or opinion research or | 25 | | telephone solicitation, the education or
training of | 26 | | employees or contractors
engaged in marketing or opinion |
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| 1 | | research or telephone solicitation, or internal
research | 2 | | related to marketing or
opinion research or telephone
| 3 | | solicitation; and | 4 | | (ii) the monitoring is used with the consent of at | 5 | | least one person who
is an active party to the marketing or | 6 | | opinion research conversation or
telephone solicitation | 7 | | conversation being
monitored. | 8 | | No communication or conversation or any part, portion, or | 9 | | aspect of the
communication or conversation made, acquired, or | 10 | | obtained, directly or
indirectly,
under this exemption (j), may | 11 | | be, directly or indirectly, furnished to any law
enforcement | 12 | | officer, agency, or official for any purpose or used in any | 13 | | inquiry
or investigation, or used, directly or indirectly, in | 14 | | any administrative,
judicial, or other proceeding, or divulged | 15 | | to any third party. | 16 | | When recording or listening authorized by this subsection | 17 | | (j) on telephone
lines used for marketing or opinion research | 18 | | or telephone solicitation purposes
results in recording or
| 19 | | listening to a conversation that does not relate to marketing | 20 | | or opinion
research or telephone solicitation; the
person | 21 | | recording or listening shall, immediately upon determining | 22 | | that the
conversation does not relate to marketing or opinion | 23 | | research or telephone
solicitation, terminate the recording
or | 24 | | listening and destroy any such recording as soon as is | 25 | | practicable. | 26 | | Business entities that use a telephone monitoring or |
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| 1 | | telephone recording
system pursuant to this exemption (j) shall | 2 | | provide current and prospective
employees with notice that the | 3 | | monitoring or recordings may occur during the
course of their | 4 | | employment. The notice shall include prominent signage
| 5 | | notification within the workplace. | 6 | | Business entities that use a telephone monitoring or | 7 | | telephone recording
system pursuant to this exemption (j) shall | 8 | | provide their employees or agents
with access to personal-only | 9 | | telephone lines which may be pay telephones, that
are not | 10 | | subject to telephone monitoring or telephone recording. | 11 | | For the purposes of this subsection (j), "telephone | 12 | | solicitation" means a
communication through the use of a | 13 | | telephone by live operators: | 14 | | (i) soliciting the sale of goods or services; | 15 | | (ii) receiving orders for the sale of goods or | 16 | | services; | 17 | | (iii) assisting in the use of goods or services; or | 18 | | (iv) engaging in the solicitation, administration, or | 19 | | collection of bank
or
retail credit accounts. | 20 | | For the purposes of this subsection (j), "marketing or | 21 | | opinion research"
means
a marketing or opinion research | 22 | | interview conducted by a live telephone
interviewer engaged by | 23 | | a corporation or other business entity whose principal
business | 24 | | is the design, conduct, and analysis of polls and surveys | 25 | | measuring
the
opinions, attitudes, and responses of | 26 | | respondents toward products and services,
or social or |
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| 1 | | political issues, or both; | 2 | | (k) Electronic recordings, including but not limited to, a | 3 | | motion picture,
videotape, digital, or other visual or audio | 4 | | recording, made of a custodial
interrogation of an individual | 5 | | at a police station or other place of detention
by a law | 6 | | enforcement officer or prosecutor under Section 5-401.5 of the | 7 | | Juvenile Court Act of
1987 or Section 103-2.1 of the Code of | 8 | | Criminal Procedure of 1963 ; | 9 | | (l) Recording the interview or statement of any person when | 10 | | the person
knows that the interview is being conducted by a law | 11 | | enforcement officer or
prosecutor and the interview takes place | 12 | | at a police station that is currently
participating in the | 13 | | Custodial Interview Pilot Program established under the
| 14 | | Illinois Criminal Justice Information Act; | 15 | | (m) An electronic recording, including but not limited to, | 16 | | a motion picture,
videotape, digital, or other visual or audio | 17 | | recording, made of the interior of a school bus while the | 18 | | school bus is being used in the transportation of students to | 19 | | and from school and school-sponsored activities, when the | 20 | | school board has adopted a policy authorizing such recording, | 21 | | notice of such recording policy is included in student | 22 | | handbooks and other documents including the policies of the | 23 | | school, notice of the policy regarding recording is provided to | 24 | | parents of students, and notice of such recording is clearly | 25 | | posted on the door of and inside the school bus.
| 26 | | Recordings made pursuant to this subsection (m) shall be |
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| 1 | | confidential records and may only be used by school officials | 2 | | (or their designees) and law enforcement personnel for | 3 | | investigations, school disciplinary actions and hearings, | 4 | | proceedings under the Juvenile Court Act of 1987, and criminal | 5 | | prosecutions, related to incidents occurring in or around the | 6 | | school bus; | 7 | | (n)
Recording or listening to an audio transmission from a | 8 | | microphone placed by a person under the authority of a law | 9 | | enforcement agency inside a bait car surveillance vehicle while | 10 | | simultaneously capturing a photographic or video image; | 11 | | (o) The use of an eavesdropping camera or audio device | 12 | | during an ongoing hostage or barricade situation by a law | 13 | | enforcement officer or individual acting on behalf of a law | 14 | | enforcement officer when the use of such device is necessary to | 15 | | protect the safety of the general public, hostages, or law | 16 | | enforcement officers or anyone acting on their behalf; | 17 | | (p) Recording or listening with the aid of any device to | 18 | | incoming telephone calls of phone lines publicly listed or | 19 | | advertised as the "CPS Violence Prevention Hotline", but only | 20 | | where the notice of recording is given at the beginning of each | 21 | | call as required by Section 34-21.8 of the School Code. The | 22 | | recordings may be retained only by the Chicago Police | 23 | | Department or other law enforcement authorities, and shall not | 24 | | be otherwise retained or disseminated; and | 25 | | (q)(1) With prior request to and verbal approval of the | 26 | | State's Attorney of the county in which the conversation is |
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| 1 | | anticipated to occur, recording or listening with the aid of an | 2 | | eavesdropping device to a conversation in which a law | 3 | | enforcement officer, or any person acting at the direction of a | 4 | | law enforcement officer, is a party to the conversation and has | 5 | | consented to the conversation being intercepted or recorded in | 6 | | the course of an investigation of a drug offense. The State's | 7 | | Attorney may grant this verbal approval only after determining | 8 | | that reasonable cause exists to believe that a drug offense | 9 | | will be committed by a specified individual or individuals | 10 | | within a designated period of time. | 11 | | (2) Request for approval. To invoke the exception contained | 12 | | in this subsection (q), a law enforcement officer shall make a | 13 | | written or verbal request for approval to the appropriate | 14 | | State's Attorney. This request for approval shall include | 15 | | whatever information is deemed necessary by the State's | 16 | | Attorney but shall include, at a minimum, the following | 17 | | information about each specified individual whom the law | 18 | | enforcement officer believes will commit a drug 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 the individual will | 25 | | commit a drug offense. | 26 | | (3) Limitations on verbal approval. Each verbal approval by |
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| 1 | | the State's Attorney under this subsection (q) shall be limited | 2 | | 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 drug offense; | 15 | | (C) a reasonable period of time but in no event longer | 16 | | than 24 consecutive hours. | 17 | | (4) Admissibility of evidence. No part of the contents of | 18 | | any wire, electronic, or oral communication that has been | 19 | | recorded or intercepted as a result of this exception may be | 20 | | received in evidence in any trial, hearing, or other proceeding | 21 | | in or before any court, grand jury, department, officer, | 22 | | agency, regulatory body, legislative committee, or other | 23 | | authority of this State, or a political subdivision of the | 24 | | State, other than in a prosecution of: | 25 | | (A) a drug offense; | 26 | | (B) a forcible felony committed directly in the course |
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| 1 | | of the investigation of a drug offense for which verbal | 2 | | approval was given to record or intercept a conversation | 3 | | under this subsection (q); or | 4 | | (C) any other forcible felony committed while the | 5 | | recording or interception was approved in accordance with | 6 | | this Section (q), but for this specific category of | 7 | | prosecutions, only if the law enforcement officer or person | 8 | | acting at the direction of a law enforcement officer who | 9 | | has consented to the conversation being intercepted or | 10 | | recorded suffers great bodily injury or is killed during | 11 | | the commission of the charged forcible felony. | 12 | | (5) Compliance with the provisions of this subsection is a | 13 | | prerequisite to the admissibility in evidence of any part of | 14 | | the contents of any wire, electronic or oral communication that | 15 | | has been intercepted as a result of this exception, but nothing | 16 | | in this subsection shall be deemed to prevent a court from | 17 | | otherwise excluding the evidence on any other ground, nor shall | 18 | | anything in this subsection be deemed to prevent a court from | 19 | | independently reviewing the admissibility of the evidence for | 20 | | compliance with the Fourth Amendment to the U.S. Constitution | 21 | | or with Article I, Section 6 of the Illinois Constitution. | 22 | | (6) Use of recordings or intercepts unrelated to drug | 23 | | offenses. Whenever any wire, electronic, or oral communication | 24 | | has been recorded or intercepted as a result of this exception | 25 | | that is not related to a drug offense or a forcible felony | 26 | | committed in the course of a drug offense, no part of the |
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| 1 | | contents of the communication and evidence derived from the | 2 | | communication may be received in evidence in any trial, | 3 | | hearing, or other proceeding in or before any court, grand | 4 | | jury, department, officer, agency, regulatory body, | 5 | | legislative committee, or other authority of this State, or a | 6 | | political subdivision of the State, nor may it be publicly | 7 | | disclosed in any way. | 8 | | (7) Definitions. For the purposes of this subsection (q) | 9 | | only: | 10 | | "Drug offense" includes and is limited to a felony | 11 | | violation of one of the following: (A) the Illinois | 12 | | Controlled Substances Act, (B) the Cannabis Control Act, | 13 | | and (C) the Methamphetamine Control and Community | 14 | | Protection Act. | 15 | | "Forcible felony" includes and is limited to those | 16 | | offenses contained in Section 2-8 of the Criminal Code of | 17 | | 1961 as of the effective date of this amendatory Act of the | 18 | | 97th General Assembly, and only as those offenses have been | 19 | | defined by law or judicial interpretation as of that date. | 20 | | "State's Attorney" includes and is limited to the | 21 | | State's Attorney or an assistant State's Attorney | 22 | | designated by the State's Attorney to provide verbal | 23 | | approval to record or intercept conversations under this | 24 | | subsection (q). | 25 | | (8) Sunset. This subsection (q) is inoperative on and after | 26 | | January 1, 2015. No conversations intercepted pursuant to this |
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| 1 | | subsection (q), while operative, shall be inadmissible in a | 2 | | court of law by virtue of the inoperability of this subsection | 3 | | (q) on January 1, 2015. | 4 | | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | 5 | | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. | 6 | | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | 7 | | eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised | 8 | | 8-23-12.) | 9 | | Section 20. The Code of Criminal Procedure of 1963 is | 10 | | amended by changing Section 103-2.1 as follows:
| 11 | | (725 ILCS 5/103-2.1)
| 12 | | Sec. 103-2.1. When statements by accused may be used.
| 13 | | (a) In this Section, "custodial interrogation" means any | 14 | | interrogation
during which (i) a reasonable person in the | 15 | | subject's position would consider
himself or herself to be in | 16 | | custody and (ii) during which
a question is asked that is | 17 | | reasonably likely to elicit an incriminating
response.
| 18 | | In this Section, "place of detention" means a building or a | 19 | | police station
that is a place of operation for a municipal | 20 | | police department or county
sheriff department or other law | 21 | | enforcement agency, not a courthouse, that
is owned or operated | 22 | | by a
law enforcement agency at which persons are or may be held | 23 | | in detention in
connection with criminal charges against those | 24 | | persons.
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| 1 | | In this Section, "electronic recording" includes motion | 2 | | picture,
audiotape, or videotape, or digital recording.
| 3 | | (b) An oral, written, or sign language statement of an | 4 | | accused made as a
result of a
custodial
interrogation at a | 5 | | police station or other place of detention shall be presumed
to | 6 | | be inadmissible as
evidence against the
accused in any
criminal
| 7 | | proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | 8 | | 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal | 9 | | Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the | 10 | | Illinois Vehicle Code
unless:
| 11 | | (1) an electronic recording
is made of the custodial | 12 | | interrogation; and
| 13 | | (2) the recording is substantially accurate and not | 14 | | intentionally altered.
| 15 | | (b-1) Electronic recordings may be made of statements of an | 16 | | accused regarding felony offenses in addition to those | 17 | | enumerated in subsection (b). | 18 | | (c) Every electronic recording prepared required under | 19 | | this Section
must be preserved
until such time as the
| 20 | | defendant's conviction
for any
offense relating to the | 21 | | statement is final and all direct and habeas corpus
appeals are
| 22 | | exhausted,
or the prosecution of such offenses is barred by | 23 | | law.
| 24 | | (d) If the court finds, by a preponderance of the evidence, | 25 | | that the
defendant
was
subjected to a custodial interrogation | 26 | | in violation of subsection (b) this Section , then any
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| 1 | | statements made
by the
defendant during or following that | 2 | | non-recorded custodial interrogation, even
if
otherwise in | 3 | | compliance with this Section, are presumed to be inadmissible | 4 | | in
any criminal
proceeding against the defendant except for the | 5 | | purposes of impeachment.
| 6 | | (e) Nothing in this Section precludes the admission (i) of | 7 | | a statement made
by the
accused in open court at his or her | 8 | | trial, before a grand jury, or at
a preliminary hearing, (ii)
| 9 | | of a
statement made during a
custodial interrogation that was | 10 | | not recorded as required by
this
Section, because electronic | 11 | | recording was not feasible, (iii) of a
voluntary
statement,
| 12 | | whether or not the result of a custodial interrogation, that | 13 | | has a bearing on
the
credibility of the accused as a witness,
| 14 | | (iv) of a spontaneous statement that is
not made in response to | 15 | | a question,
(v) of a statement made after questioning that is | 16 | | routinely
asked during the processing of the arrest of the | 17 | | suspect, (vi) of a statement
made
during a custodial | 18 | | interrogation by a suspect who requests, prior to making the
| 19 | | statement, to respond to the
interrogator's questions only if
| 20 | | an electronic recording is not made of the statement, provided | 21 | | that an
electronic
recording is made of the statement of | 22 | | agreeing to respond to
the interrogator's question, only if a | 23 | | recording is not made of the statement,
(vii) of a
statement | 24 | | made
during a custodial
interrogation that is conducted | 25 | | out-of-state, (viii)
of a statement
given at a time when the | 26 | | interrogators are unaware that a death has in fact
occurred, or |
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| 1 | | (ix) of any other
statement that may be
admissible under law. | 2 | | The State shall bear the burden of proving, by a
preponderance | 3 | | of the evidence, that one of the exceptions described in this
| 4 | | subsection (e) is
applicable.
Nothing in
this Section precludes | 5 | | the admission of a statement, otherwise inadmissible
under
this | 6 | | Section, that is used only for impeachment and not as | 7 | | substantive
evidence. Nothing in this Section precludes the | 8 | | admission of a statement in a prosecution for a felony offense | 9 | | other than those enumerated in subsection (b).
| 10 | | (f) The presumption of inadmissibility of a statement made | 11 | | by a suspect at
a custodial interrogation at a police station | 12 | | or other place of detention may
be overcome by a preponderance | 13 | | of the evidence
that
the statement was voluntarily given and is | 14 | | reliable, based on the totality of
the
circumstances.
| 15 | | (g) Any electronic recording of any statement made by an | 16 | | accused during a
custodial interrogation that is compiled by | 17 | | any law enforcement agency as
required by this Section for the | 18 | | purposes of fulfilling the requirements of
this
Section shall | 19 | | be confidential and exempt from public inspection and copying, | 20 | | as
provided under Section 7 of the Freedom of Information Act, | 21 | | and the information
shall not be transmitted to anyone except | 22 | | as needed to comply with this
Section.
| 23 | | (h) All law enforcement agencies shall submit monthly | 24 | | reports to the Electronic Recordings Database in the Illinois | 25 | | Criminal Justice Information Authority regarding any | 26 | | electronic recordings made under this Section in a form and in |
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| 1 | | a manner as may be prescribed by rules adopted by the Illinois | 2 | | Criminal Justice Information Authority. | 3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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