Full Text of SB1342 98th General Assembly
SB1342ham007 98TH GENERAL ASSEMBLY | Rep. Ron Sandack Filed: 12/3/2014
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| 1 | | AMENDMENT TO SENATE BILL 1342
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1342, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by | 6 | | changing Sections 14-1, 14-2, 14-3, 14-4, and 14-5 as follows:
| 7 | | (720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
| 8 | | Sec. 14-1. Definitions Definition .
| 9 | | (a) Eavesdropping device.
| 10 | | An eavesdropping device is any device capable of being used | 11 | | to hear or
record oral conversation or intercept, retain, or | 12 | | transcribe electronic
communications whether such conversation | 13 | | or electronic communication is
conducted in person,
by | 14 | | telephone, or by any other means; Provided, however, that this
| 15 | | definition shall not include devices used for the restoration | 16 | | of the deaf
or hard-of-hearing to normal or partial hearing.
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| 1 | | (b) Eavesdropper.
| 2 | | An eavesdropper is any person, including any law | 3 | | enforcement officer and any party to a private conversation | 4 | | officers, who is a
principal, as defined in this Article , or | 5 | | who
operates or participates in the operation of any | 6 | | eavesdropping device
contrary to the provisions of this Article | 7 | | or who acts as a principal, as defined in this Article .
| 8 | | (c) Principal.
| 9 | | A principal is any person who:
| 10 | | (1) Knowingly employs another who illegally uses an | 11 | | eavesdropping
device in the course of such employment; or
| 12 | | (2) (Blank); or Knowingly derives any benefit or | 13 | | information from the illegal use
of an eavesdropping device | 14 | | by another; or
| 15 | | (3) Directs another to use an eavesdropping device | 16 | | illegally on his
or her behalf.
| 17 | | (d) Private conversation Conversation .
| 18 | | For the purposes of this Article, "private the term | 19 | | conversation " means any oral
communication between 2 or more | 20 | | persons , whether in person or transmitted between the parties | 21 | | by wire or other means, when regardless of whether one or more | 22 | | of
the parties intended the their communication to be of a | 23 | | private nature under
circumstances reasonably justifying that | 24 | | expectation.
| 25 | | (e) Private electronic Electronic communication.
| 26 | | For purposes of this Article, the term "private electronic |
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| 1 | | communication " means any
transfer of signs, signals, writing, | 2 | | images, sounds, data, or intelligence of
any nature transmitted | 3 | | in whole or part by a wire, radio, pager, computer,
| 4 | | electromagnetic, photo electronic or photo optical system, | 5 | | when where the sending
and receiving parties intend the | 6 | | electronic communication to be private under circumstances | 7 | | reasonably justifying that expectation and the
interception, | 8 | | recording, or transcription of the electronic communication is
| 9 | | accomplished by a device in a surreptitious manner contrary to | 10 | | the provisions
of this Article . Electronic communication does | 11 | | not include any communication
from a tracking device. | 12 | | (f) Bait car. | 13 | | For purposes of this Article, "bait car" the term bait car | 14 | | means any motor vehicle that is not occupied by a law | 15 | | enforcement officer and is used by a law enforcement agency to | 16 | | deter, detect, identify, and assist in the apprehension of an | 17 | | auto theft suspect in the act of stealing a motor vehicle.
| 18 | | (g) Surreptitious. | 19 | | For purposes of this Article, "surreptitious" means | 20 | | obtained or made by stealth or deception, or executed through | 21 | | secrecy or concealment. | 22 | | (Source: P.A. 95-258, eff. 1-1-08.)
| 23 | | (720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
| 24 | | Sec. 14-2. Elements of the offense; affirmative defense.
| 25 | | (a) A person commits eavesdropping when he or she knowingly |
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| 1 | | and intentionally :
| 2 | | (1) Uses Knowingly and intentionally uses an
| 3 | | eavesdropping device , in a surreptitious manner, for the | 4 | | purpose of overhearing, transmitting, hearing or recording | 5 | | all or any part of
any private conversation to which he or | 6 | | she is not a party or intercepts, retains, or transcribes | 7 | | electronic
communication unless he or she does so (A) with | 8 | | the consent of all of
the parties to the private
such | 9 | | conversation or electronic communication or (B) in
| 10 | | accordance with
Article
108A or Article 108B of the "Code | 11 | | of Criminal Procedure of 1963",
approved August 14, 1963, | 12 | | as amended ; or
| 13 | | (2) Uses an eavesdropping device, in a surreptitious | 14 | | manner, for the purpose of transmitting or recording all or | 15 | | any part of any private conversation to which he or she is | 16 | | a party unless he or she does so with the consent of all | 17 | | other parties to the private conversation; | 18 | | (3) Intercepts, records, or transcribes, in a | 19 | | surreptitious manner, any private electronic communication | 20 | | to which he or she is not a party unless he or she does so | 21 | | with the consent of all parties to the private electronic | 22 | | communication;
| 23 | | (4) (2) Manufactures, assembles, distributes, or | 24 | | possesses any electronic,
mechanical, eavesdropping, or | 25 | | other device knowing that or having reason to
know
that the | 26 | | design of the device renders it primarily useful for the |
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| 1 | | purpose of
the surreptitious overhearing, transmitting, | 2 | | hearing or recording of private oral conversations or the
| 3 | | interception, retention, or transcription of private | 4 | | electronic communications and the
intended or actual use of | 5 | | the device is contrary to the provisions of this
Article; | 6 | | or
| 7 | | (5) (3) Uses or discloses divulges, except as | 8 | | authorized
by this Article or by Article 108A or 108B of | 9 | | the "Code of Criminal Procedure
of 1963", approved August | 10 | | 14, 1963, as amended, any information
which he or she knows | 11 | | or reasonably should know was obtained from a private | 12 | | conversation or private electronic communication in | 13 | | violation of this Article, unless: | 14 | | (A) he or she does so with the consent of all of | 15 | | the parties; or | 16 | | (B) the information used or disclosed is a matter | 17 | | of public concern and the person using or disclosing | 18 | | the information is not the eavesdropper or the | 19 | | principal. | 20 | | (a-5) It does not constitute a violation of this Article to | 21 | | surreptitiously use an eavesdropping device to overhear, | 22 | | transmit, or record a private conversation, or to | 23 | | surreptitiously intercept, record, or transcribe a private | 24 | | electronic communication, if the overhearing, transmitting, | 25 | | recording, interception, or transcription is done in | 26 | | accordance with Article 108A or Article 108B of the Code of |
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| 1 | | Criminal Procedure of 1963. through the use of an
eavesdropping | 2 | | device.
| 3 | | (b) It is an affirmative defense to a charge brought under | 4 | | this
Article relating to the interception of a privileged | 5 | | communication that the
person charged:
| 6 | | 1. was a law enforcement officer acting pursuant to an | 7 | | order of
interception, entered pursuant to Section 108A-1 | 8 | | or 108B-5 of the Code of
Criminal Procedure of 1963; and
| 9 | | 2. at the time the communication was intercepted, the | 10 | | officer was
unaware that the communication was privileged; | 11 | | and
| 12 | | 3. stopped the interception within a reasonable time | 13 | | after discovering
that the communication was privileged; | 14 | | and
| 15 | | 4. did not disclose the contents of the communication.
| 16 | | (c) It is not unlawful for a manufacturer or a supplier of
| 17 | | eavesdropping devices, or a provider of wire or electronic | 18 | | communication
services, their agents, employees, contractors, | 19 | | or venders to manufacture,
assemble, sell, or possess an | 20 | | eavesdropping device within the normal course of
their business | 21 | | for purposes not contrary to this Article or for law | 22 | | enforcement
officers and employees of the Illinois Department | 23 | | of Corrections to
manufacture, assemble, purchase, or possess | 24 | | an eavesdropping device
in preparation for or within the course | 25 | | of their official duties.
| 26 | | (d) The interception, recording, or transcription of an |
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| 1 | | electronic
communication by an employee of a penal institution | 2 | | is not
prohibited under this Act, provided that the | 3 | | interception, recording, or
transcription is:
| 4 | | (1) otherwise legally permissible under Illinois law;
| 5 | | (2) conducted with the approval of the penal | 6 | | institution
for the purpose of investigating or enforcing a | 7 | | State criminal law or a
penal institution rule or | 8 | | regulation with respect to inmates in the institution; and
| 9 | | (3) within the scope of the employee's official duties. | 10 | | For the purposes of this subsection (d), "penal | 11 | | institution" has the meaning ascribed to it in clause (c)(1) of | 12 | | Section 31A-1.1.
| 13 | | (Source: P.A. 94-183, eff. 1-1-06.)
| 14 | | (720 ILCS 5/14-3) | 15 | | Sec. 14-3. Exemptions. The following activities shall be
| 16 | | exempt from the provisions of this Article: | 17 | | (a) Listening to radio, wireless electronic | 18 | | communications, and television communications of
any sort | 19 | | where the same are publicly made; | 20 | | (b) Hearing conversation when heard by employees of any | 21 | | common
carrier by wire incidental to the normal course of their | 22 | | employment in
the operation, maintenance or repair of the | 23 | | equipment of such common
carrier by wire so long as no | 24 | | information obtained thereby is used or
divulged by the hearer; | 25 | | (c) Any broadcast by radio, television or otherwise whether |
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| 1 | | it be a
broadcast or recorded for the purpose of later | 2 | | broadcasts of any
function where the public is in attendance | 3 | | and the conversations are
overheard incidental to the main | 4 | | purpose for which such broadcasts are
then being made; | 5 | | (d) Recording or listening with the aid of any device to | 6 | | any
emergency communication made in the normal course of | 7 | | operations by any
federal, state or local law enforcement | 8 | | agency or institutions dealing
in emergency services, | 9 | | including, but not limited to, hospitals,
clinics, ambulance | 10 | | services, fire fighting agencies, any public utility,
| 11 | | emergency repair facility, civilian defense establishment or | 12 | | military
installation; | 13 | | (e) Recording the proceedings of any meeting required to be | 14 | | open by
the Open Meetings Act, as amended; | 15 | | (f) Recording or listening with the aid of any device to | 16 | | incoming
telephone calls of phone lines publicly listed or | 17 | | advertised as consumer
"hotlines" by manufacturers or | 18 | | retailers of food and drug products. Such
recordings must be | 19 | | destroyed, erased or turned over to local law
enforcement | 20 | | authorities within 24 hours from the time of such recording and
| 21 | | shall not be otherwise disseminated. Failure on the part of the | 22 | | individual
or business operating any such recording or | 23 | | listening device to comply with
the requirements of this | 24 | | subsection shall eliminate any civil or criminal
immunity | 25 | | conferred upon that individual or business by the operation of
| 26 | | this Section; |
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| 1 | | (g) With prior notification to the State's Attorney of the
| 2 | | county in which
it is to occur, recording or listening with the | 3 | | aid of any device to any
conversation
where a law enforcement | 4 | | officer, or any person acting at the direction of law
| 5 | | enforcement, is a party to the conversation and has consented | 6 | | to it being
intercepted or recorded under circumstances where | 7 | | the use of the device is
necessary for the protection of the | 8 | | law enforcement officer or any person
acting at the direction | 9 | | of law enforcement, in the course of an
investigation
of a | 10 | | forcible felony, a felony offense of involuntary servitude, | 11 | | involuntary sexual servitude of a minor, or trafficking in | 12 | | persons under Section 10-9 of this Code, an offense involving | 13 | | prostitution, solicitation of a sexual act, or pandering, a | 14 | | felony violation of the Illinois Controlled Substances
Act, a | 15 | | felony violation of the Cannabis Control Act, a felony | 16 | | violation of the Methamphetamine Control and Community | 17 | | Protection Act, any "streetgang
related" or "gang-related" | 18 | | felony as those terms are defined in the Illinois
Streetgang | 19 | | Terrorism Omnibus Prevention Act, or any felony offense | 20 | | involving any weapon listed in paragraphs (1) through (11) of | 21 | | subsection (a) of Section 24-1 of this Code.
Any recording or | 22 | | evidence derived
as the
result of this exemption shall be | 23 | | inadmissible in any proceeding, criminal,
civil or
| 24 | | administrative, except (i) where a party to the conversation | 25 | | suffers great
bodily injury or is killed during such | 26 | | conversation, or
(ii)
when used as direct impeachment of a |
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| 1 | | witness concerning matters contained in
the interception or | 2 | | recording. The Director of the
Department of
State Police shall | 3 | | issue regulations as are necessary concerning the use of
| 4 | | devices, retention of tape recordings, and reports regarding | 5 | | their
use; | 6 | | (g-5) (Blank); With approval of the State's Attorney of the | 7 | | county in
which it is to occur, recording or listening with the | 8 | | aid of any device to any
conversation where a law enforcement | 9 | | officer, or any person acting at the
direction of law | 10 | | enforcement, is a party to the conversation and has consented
| 11 | | to it being intercepted or recorded in the course of an | 12 | | investigation of any
offense defined in Article 29D of this | 13 | | Code.
In all such cases, an application for an order approving
| 14 | | the previous or continuing use of an eavesdropping
device must | 15 | | be made within 48 hours of the commencement of
such use. In the | 16 | | absence of such an order, or upon its denial,
any continuing | 17 | | use shall immediately terminate.
The Director of
State Police | 18 | | shall issue rules as are necessary concerning the use of
| 19 | | devices, retention of tape recordings, and reports regarding | 20 | | their use. | 21 | | Any recording or evidence obtained or derived in the course | 22 | | of an
investigation of any offense defined in Article 29D of | 23 | | this Code shall, upon
motion of the State's Attorney or | 24 | | Attorney General prosecuting any violation of
Article 29D, be | 25 | | reviewed in camera with notice to all parties present by the
| 26 | | court presiding over the criminal
case, and, if ruled by the |
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| 1 | | court to be relevant and otherwise admissible,
it shall be | 2 | | admissible at the trial of the criminal
case. | 3 | | This subsection (g-5) is inoperative on and after January | 4 | | 1, 2005.
No conversations recorded or monitored pursuant to | 5 | | this subsection (g-5)
shall be inadmissible in a court of law | 6 | | by virtue of the repeal of this
subsection (g-5) on January 1, | 7 | | 2005; | 8 | | (g-6) With approval of the State's Attorney of the county | 9 | | in which it is to occur, recording or listening with the aid of | 10 | | any device to any conversation where a law enforcement officer, | 11 | | or any person acting at the direction of law enforcement, is a | 12 | | party to the conversation and has consented to it being | 13 | | intercepted or recorded in the course of an investigation of | 14 | | involuntary servitude, involuntary sexual servitude of a | 15 | | minor, trafficking in persons, child pornography, aggravated | 16 | | child pornography, indecent solicitation of a child, child | 17 | | abduction, luring of a minor, sexual exploitation of a child, | 18 | | predatory criminal sexual assault of a child, aggravated | 19 | | criminal sexual abuse in which the victim of the offense was at | 20 | | the time of the commission of the offense under 18 years of | 21 | | age, or criminal sexual abuse by force or threat of force in | 22 | | which the victim of the offense was at the time of the | 23 | | commission of the offense under 18 years of age , or aggravated | 24 | | criminal sexual assault in which the victim of the offense was | 25 | | at the time of the commission of the offense under 18 years of | 26 | | age . In all such cases, an application for an order approving |
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| 1 | | the previous or continuing use of an eavesdropping device must | 2 | | be made within 48 hours of the commencement of such use. In the | 3 | | absence of such an order, or upon its denial, any continuing | 4 | | use shall immediately terminate. The Director of State Police | 5 | | shall issue rules as are necessary concerning the use of | 6 | | devices, retention of recordings, and reports regarding their | 7 | | use.
Any recording or evidence obtained or derived in the | 8 | | course of an investigation of involuntary servitude, | 9 | | involuntary sexual servitude of a minor, trafficking in | 10 | | persons, child pornography, aggravated child pornography, | 11 | | indecent solicitation of a child, child abduction, luring of a | 12 | | minor, sexual exploitation of a child, predatory criminal | 13 | | sexual assault of a child, aggravated criminal sexual abuse in | 14 | | which the victim of the offense was at the time of the | 15 | | commission of the offense under 18 years of age, or criminal | 16 | | sexual abuse by force or threat of force in which the victim of | 17 | | the offense was at the time of the commission of the offense | 18 | | under 18 years of age , or aggravated criminal sexual assault in | 19 | | which the victim of the offense was at the time of the | 20 | | commission of the offense under 18 years of age shall, upon | 21 | | motion of the State's Attorney or Attorney General prosecuting | 22 | | any case involving involuntary servitude, involuntary sexual | 23 | | servitude of a minor, trafficking in persons, child | 24 | | pornography, aggravated child pornography, indecent | 25 | | solicitation of a child, child abduction, luring of a minor, | 26 | | sexual exploitation of a child, predatory criminal sexual |
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| 1 | | assault of a child, aggravated criminal sexual abuse in which | 2 | | the victim of the offense was at the time of the commission of | 3 | | the offense under 18 years of age, or criminal sexual abuse by | 4 | | force or threat of force in which the victim of the offense was | 5 | | at the time of the commission of the offense under 18 years of | 6 | | age , or aggravated criminal sexual assault in which the victim | 7 | | of the offense was at the time of the commission of the offense | 8 | | under 18 years of age, be reviewed in camera with notice to all | 9 | | parties present by the court presiding over the criminal case, | 10 | | and, if ruled by the court to be relevant and otherwise | 11 | | admissible, it shall be admissible at the trial of the criminal | 12 | | case. Absent such a ruling, any such recording or evidence | 13 | | shall not be admissible at the trial of the criminal case; | 14 | | (h) Recordings made simultaneously with the use of an | 15 | | in-car video camera recording of an oral
conversation between a | 16 | | uniformed peace officer, who has identified his or her office, | 17 | | and
a person in the presence of the peace officer whenever (i) | 18 | | an officer assigned a patrol vehicle is conducting an | 19 | | enforcement stop; or (ii) patrol vehicle emergency lights are | 20 | | activated or would otherwise be activated if not for the need | 21 | | to conceal the presence of law enforcement. | 22 | | For the purposes of this subsection (h), "enforcement stop" | 23 | | means an action by a law enforcement officer in relation to | 24 | | enforcement and investigation duties, including but not | 25 | | limited to, traffic stops, pedestrian stops, abandoned vehicle | 26 | | contacts, motorist assists, commercial motor vehicle stops, |
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| 1 | | roadside safety checks, requests for identification, or | 2 | | responses to requests for emergency assistance; | 3 | | (h-5) Recordings of utterances made by a person while in | 4 | | the presence of a uniformed peace officer and while an occupant | 5 | | of a police vehicle including, but not limited to, (i) | 6 | | recordings made simultaneously with the use of an in-car video | 7 | | camera and (ii) recordings made in the presence of the peace | 8 | | officer utilizing video or audio systems, or both, authorized | 9 | | by the law enforcement agency; | 10 | | (h-10) Recordings made simultaneously with a video camera | 11 | | recording during
the use of a taser or similar weapon or device | 12 | | by a peace officer if the weapon or device is equipped with | 13 | | such camera; | 14 | | (h-15) Recordings made under subsection (h), (h-5), or | 15 | | (h-10) shall be retained by the law enforcement agency that | 16 | | employs the peace officer who made the recordings for a storage | 17 | | period of 90 days, unless the recordings are made as a part of | 18 | | an arrest or the recordings are deemed evidence in any | 19 | | criminal, civil, or administrative proceeding and then the | 20 | | recordings must only be destroyed upon a final disposition and | 21 | | an order from the court. Under no circumstances shall any | 22 | | recording be altered or erased prior to the expiration of the | 23 | | designated storage period. Upon completion of the storage | 24 | | period, the recording medium may be erased and reissued for | 25 | | operational use; | 26 | | (i) Recording of a conversation made by or at the request |
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| 1 | | of a person, not a
law enforcement officer or agent of a law | 2 | | enforcement officer, who is a party
to the conversation, under | 3 | | reasonable suspicion that another party to the
conversation is | 4 | | committing, is about to commit, or has committed a criminal
| 5 | | offense against the person or a member of his or her immediate | 6 | | household, and
there is reason to believe that evidence of the | 7 | | criminal offense may be
obtained by the recording; | 8 | | (j) The use of a telephone monitoring device by either (1) | 9 | | a
corporation or other business entity engaged in marketing or | 10 | | opinion research
or (2) a corporation or other business entity | 11 | | engaged in telephone
solicitation, as
defined in this | 12 | | subsection, to record or listen to oral telephone solicitation
| 13 | | conversations or marketing or opinion research conversations | 14 | | by an employee of
the corporation or other business entity | 15 | | when: | 16 | | (i) the monitoring is used for the purpose of service | 17 | | quality control of
marketing or opinion research or | 18 | | telephone solicitation, the education or
training of | 19 | | employees or contractors
engaged in marketing or opinion | 20 | | research or telephone solicitation, or internal
research | 21 | | related to marketing or
opinion research or telephone
| 22 | | solicitation; and | 23 | | (ii) the monitoring is used with the consent of at | 24 | | least one person who
is an active party to the marketing or | 25 | | opinion research conversation or
telephone solicitation | 26 | | conversation being
monitored. |
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| 1 | | No communication or conversation or any part, portion, or | 2 | | aspect of the
communication or conversation made, acquired, or | 3 | | obtained, directly or
indirectly,
under this exemption (j), may | 4 | | be, directly or indirectly, furnished to any law
enforcement | 5 | | officer, agency, or official for any purpose or used in any | 6 | | inquiry
or investigation, or used, directly or indirectly, in | 7 | | any administrative,
judicial, or other proceeding, or divulged | 8 | | to any third party. | 9 | | When recording or listening authorized by this subsection | 10 | | (j) on telephone
lines used for marketing or opinion research | 11 | | or telephone solicitation purposes
results in recording or
| 12 | | listening to a conversation that does not relate to marketing | 13 | | or opinion
research or telephone solicitation; the
person | 14 | | recording or listening shall, immediately upon determining | 15 | | that the
conversation does not relate to marketing or opinion | 16 | | research or telephone
solicitation, terminate the recording
or | 17 | | listening and destroy any such recording as soon as is | 18 | | practicable. | 19 | | Business entities that use a telephone monitoring or | 20 | | telephone recording
system pursuant to this exemption (j) shall | 21 | | provide current and prospective
employees with notice that the | 22 | | monitoring or recordings may occur during the
course of their | 23 | | employment. The notice shall include prominent signage
| 24 | | notification within the workplace. | 25 | | Business entities that use a telephone monitoring or | 26 | | telephone recording
system pursuant to this exemption (j) shall |
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| 1 | | provide their employees or agents
with access to personal-only | 2 | | telephone lines which may be pay telephones, that
are not | 3 | | subject to telephone monitoring or telephone recording. | 4 | | For the purposes of this subsection (j), "telephone | 5 | | solicitation" means a
communication through the use of a | 6 | | telephone by live operators: | 7 | | (i) soliciting the sale of goods or services; | 8 | | (ii) receiving orders for the sale of goods or | 9 | | services; | 10 | | (iii) assisting in the use of goods or services; or | 11 | | (iv) engaging in the solicitation, administration, or | 12 | | collection of bank
or
retail credit accounts. | 13 | | For the purposes of this subsection (j), "marketing or | 14 | | opinion research"
means
a marketing or opinion research | 15 | | interview conducted by a live telephone
interviewer engaged by | 16 | | a corporation or other business entity whose principal
business | 17 | | is the design, conduct, and analysis of polls and surveys | 18 | | measuring
the
opinions, attitudes, and responses of | 19 | | respondents toward products and services,
or social or | 20 | | political issues, or both; | 21 | | (k) Electronic recordings, including but not limited to, a | 22 | | motion picture,
videotape, digital, or other visual or audio | 23 | | recording, made of a custodial
interrogation of an individual | 24 | | at a police station or other place of detention
by a law | 25 | | enforcement officer under Section 5-401.5 of the Juvenile Court | 26 | | Act of
1987 or Section 103-2.1 of the Code of Criminal |
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| 1 | | Procedure of 1963; | 2 | | (l) Recording the interview or statement of any person when | 3 | | the person
knows that the interview is being conducted by a law | 4 | | enforcement officer or
prosecutor and the interview takes place | 5 | | at a police station that is currently
participating in the | 6 | | Custodial Interview Pilot Program established under the
| 7 | | Illinois Criminal Justice Information Act; | 8 | | (m) An electronic recording, including but not limited to, | 9 | | a motion picture,
videotape, digital, or other visual or audio | 10 | | recording, made of the interior of a school bus while the | 11 | | school bus is being used in the transportation of students to | 12 | | and from school and school-sponsored activities, when the | 13 | | school board has adopted a policy authorizing such recording, | 14 | | notice of such recording policy is included in student | 15 | | handbooks and other documents including the policies of the | 16 | | school, notice of the policy regarding recording is provided to | 17 | | parents of students, and notice of such recording is clearly | 18 | | posted on the door of and inside the school bus.
| 19 | | Recordings made pursuant to this subsection (m) shall be | 20 | | confidential records and may only be used by school officials | 21 | | (or their designees) and law enforcement personnel for | 22 | | investigations, school disciplinary actions and hearings, | 23 | | proceedings under the Juvenile Court Act of 1987, and criminal | 24 | | prosecutions, related to incidents occurring in or around the | 25 | | school bus; | 26 | | (n)
Recording or listening to an audio transmission from a |
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| 1 | | microphone placed by a person under the authority of a law | 2 | | enforcement agency inside a bait car surveillance vehicle while | 3 | | simultaneously capturing a photographic or video image; | 4 | | (o) The use of an eavesdropping camera or audio device | 5 | | during an ongoing hostage or barricade situation by a law | 6 | | enforcement officer or individual acting on behalf of a law | 7 | | enforcement officer when the use of such device is necessary to | 8 | | protect the safety of the general public, hostages, or law | 9 | | enforcement officers or anyone acting on their behalf; | 10 | | (p) Recording or listening with the aid of any device to | 11 | | incoming telephone calls of phone lines publicly listed or | 12 | | advertised as the "CPS Violence Prevention Hotline", but only | 13 | | where the notice of recording is given at the beginning of each | 14 | | call as required by Section 34-21.8 of the School Code. The | 15 | | recordings may be retained only by the Chicago Police | 16 | | Department or other law enforcement authorities, and shall not | 17 | | be otherwise retained or disseminated; | 18 | | (q)(1) With prior request to and verbal approval of the | 19 | | State's Attorney of the county in which the conversation is | 20 | | anticipated to occur, recording or listening with the aid of an | 21 | | eavesdropping device to a conversation in which a law | 22 | | enforcement officer, or any person acting at the direction of a | 23 | | law enforcement officer, is a party to the conversation and has | 24 | | consented to the conversation being intercepted or recorded in | 25 | | the course of an investigation of a qualified drug offense. The | 26 | | State's Attorney may grant this verbal approval only after |
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| 1 | | determining that reasonable cause exists to believe that | 2 | | inculpatory conversations concerning a qualified drug offense | 3 | | will occur with be committed by a specified individual or | 4 | | individuals within a designated period of time. | 5 | | (2) Request for approval. To invoke the exception contained | 6 | | in this subsection (q), a law enforcement officer shall make a | 7 | | written or verbal request for approval to the appropriate | 8 | | State's Attorney. The request may be written or verbal; | 9 | | however, a written memorialization of the request must be made | 10 | | by the State's Attorney. This request for approval shall | 11 | | include whatever information is deemed necessary by the State's | 12 | | Attorney but shall include, at a minimum, the following | 13 | | information about each specified individual whom the law | 14 | | enforcement officer believes will commit a qualified drug | 15 | | offense: | 16 | | (A) his or her full or partial name, nickname or alias; | 17 | | (B) a physical description; or | 18 | | (C) failing either (A) or (B) of this paragraph (2), | 19 | | any other supporting information known to the law | 20 | | enforcement officer at the time of the request that gives | 21 | | rise to reasonable cause to believe that the specified | 22 | | individual will participate in an inculpatory conversation | 23 | | concerning a qualified commit a drug offense. | 24 | | (3) Limitations on verbal approval. Each written verbal | 25 | | approval by the State's Attorney under this subsection (q) | 26 | | shall be limited to: |
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| 1 | | (A) a recording or interception conducted by a | 2 | | specified law enforcement officer or person acting at the | 3 | | direction of a law enforcement officer; | 4 | | (B) recording or intercepting conversations with the | 5 | | individuals specified in the request for approval, | 6 | | provided that the verbal approval shall be deemed to | 7 | | include the recording or intercepting of conversations | 8 | | with other individuals, unknown to the law enforcement | 9 | | officer at the time of the request for approval, who are | 10 | | acting in conjunction with or as co-conspirators with the | 11 | | individuals specified in the request for approval in the | 12 | | commission of a qualified drug offense; | 13 | | (C) a reasonable period of time but in no event longer | 14 | | than 24 consecutive hours ; . | 15 | | (D) the written request for approval, if applicable, or | 16 | | the written memorialization must be filed, along with the | 17 | | written approval, with the circuit clerk of the | 18 | | jurisdiction on the next business day following the | 19 | | expiration of the authorized period of time, and shall be | 20 | | subject to review by the Chief Judge or his or her designee | 21 | | as deemed appropriate by the court. | 22 | | (3.5) The written memorialization of the request for | 23 | | approval and the written approval by the State's Attorney may | 24 | | be in any format, including via facsimile, email, or otherwise, | 25 | | so long as it is capable of being filed with the circuit clerk. | 26 | | |
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| 1 | | (4) Admissibility of evidence. No part of the contents of | 2 | | any wire, electronic, or oral communication that has been | 3 | | recorded or intercepted as a result of this exception may be | 4 | | received in evidence in any trial, hearing, or other proceeding | 5 | | in or before any court, grand jury, department, officer, | 6 | | agency, regulatory body, legislative committee, or other | 7 | | authority of this State, or a political subdivision of the | 8 | | State, other than in a prosecution of: | 9 | | (A) the qualified a drug offense for which approval was | 10 | | given to record or intercept a conversation under this | 11 | | subsection (q) ; | 12 | | (B) a forcible felony committed directly in the course | 13 | | of the investigation of the qualified a drug offense for | 14 | | which verbal approval was given to record or intercept a | 15 | | conversation under this subsection (q); or | 16 | | (C) any other forcible felony committed while the | 17 | | recording or interception was approved in accordance with | 18 | | this subsection Section (q), but for this specific category | 19 | | of prosecutions, only if the law enforcement officer or | 20 | | person acting at the direction of a law enforcement officer | 21 | | who has consented to the conversation being intercepted or | 22 | | recorded suffers great bodily injury or is killed during | 23 | | the commission of the charged forcible felony. | 24 | | (5) Compliance with the provisions of this subsection is a | 25 | | prerequisite to the admissibility in evidence of any part of | 26 | | the contents of any wire, electronic or oral communication that |
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| 1 | | has been intercepted as a result of this exception, but nothing | 2 | | in this subsection shall be deemed to prevent a court from | 3 | | otherwise excluding the evidence on any other ground, nor shall | 4 | | anything in this subsection be deemed to prevent a court from | 5 | | independently reviewing the admissibility of the evidence for | 6 | | compliance with the Fourth Amendment to the U.S. Constitution | 7 | | or with Article I, Section 6 of the Illinois Constitution. | 8 | | (6) Use of recordings or intercepts unrelated to qualified | 9 | | drug offenses. Whenever any private conversation or private | 10 | | electronic wire, electronic, or oral communication has been | 11 | | recorded or intercepted as a result of this exception that is | 12 | | not related to an offense for which the recording or intercept | 13 | | is admissible under paragraph (4) of this subsection (q) a drug | 14 | | offense or a forcible felony committed in the course of a drug | 15 | | offense , no part of the contents of the communication and | 16 | | evidence derived from the communication may be received in | 17 | | evidence in any trial, hearing, or other proceeding in or | 18 | | before any court, grand jury, department, officer, agency, | 19 | | regulatory body, legislative committee, or other authority of | 20 | | this State, or a political subdivision of the State, nor may it | 21 | | be publicly disclosed in any way. | 22 | | (6.5) The Department of State Police shall adopt rules as | 23 | | are necessary concerning the use of devices, retention of | 24 | | recordings, and reports regarding their use under this | 25 | | subsection (q). | 26 | | (7) Definitions. For the purposes of this subsection (q) |
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| 1 | | only: | 2 | | "Drug offense" includes and is limited to a felony | 3 | | violation of one of the following: (A) the Illinois | 4 | | Controlled Substances Act, (B) the Cannabis Control Act, | 5 | | and (C) the Methamphetamine Control and Community | 6 | | Protection Act. | 7 | | "Forcible felony" includes and is limited to those | 8 | | offenses contained in Section 2-8 of the Criminal Code of | 9 | | 1961 as of the effective date of this amendatory Act of the | 10 | | 97th General Assembly, and only as those offenses have been | 11 | | defined by law or judicial interpretation as of that date. | 12 | | "Qualified offense" means and is limited to: | 13 | | (A) a felony violation of the Cannabis Control Act, | 14 | | the Illinois Controlled Substances Act, or the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | except for violations of: | 17 | | (i) Section 4 of the Cannabis Control Act; | 18 | | (ii) Section 402 of the Illinois Controlled | 19 | | Substances Act; and | 20 | | (iii) Section 60 of the Methamphetamine | 21 | | Control and Community Protection Act; and | 22 | | (B) first degree murder, solicitation of murder, | 23 | | predatory criminal sexual assault of a child, criminal | 24 | | sexual assault, aggravated criminal sexual assault, | 25 | | residential burglary, aggravated arson, kidnapping, | 26 | | aggravated kidnapping, child abduction, trafficking in |
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| 1 | | persons, involuntary servitude, involuntary sexual | 2 | | servitude of a minor, or gunrunning. | 3 | | "State's Attorney" includes and is limited to the | 4 | | State's Attorney or an assistant State's Attorney | 5 | | designated by the State's Attorney to provide verbal | 6 | | approval to record or intercept conversations under this | 7 | | subsection (q). | 8 | | (8) Sunset. This subsection (q) is inoperative on and after | 9 | | January 1, 2018 2015 . No conversations intercepted pursuant to | 10 | | this subsection (q), while operative, shall be inadmissible in | 11 | | a court of law by virtue of the inoperability of this | 12 | | subsection (q) on January 1, 2018 2015 . | 13 | | (9) Recordings, records, and custody. Any private | 14 | | conversation or private electronic communication intercepted | 15 | | by a law enforcement officer or a person acting at the | 16 | | direction of law enforcement shall, if practicable, be recorded | 17 | | in such a way as will protect the recording from editing or | 18 | | other alteration. Any and all original recordings made under | 19 | | this subsection (q) shall be inventoried without unnecessary | 20 | | delay pursuant to the law enforcement agency's policies for | 21 | | inventorying evidence. The original recordings shall not be | 22 | | destroyed except upon an order of a court of competent | 23 | | jurisdiction ; and | 24 | | (r) Electronic recordings, including but not limited to, | 25 | | motion picture, videotape, digital, or other visual or audio | 26 | | recording, made of a lineup under Section 107A-2 of the Code of |
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| 1 | | Criminal Procedure of 1963. | 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13; | 3 | | 97-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff. | 4 | | 1-1-15 .)
| 5 | | (720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
| 6 | | Sec. 14-4. Sentence.
| 7 | | (a) Eavesdropping, for a first offense, is a Class A | 8 | | misdemeanor 4 felony and, for a
second or subsequent offense, | 9 | | is a Class 4 3 felony.
| 10 | | (b) (Blank). The eavesdropping of an oral conversation or | 11 | | an electronic
communication between any law enforcement | 12 | | officer, State's Attorney, Assistant
State's Attorney, the | 13 | | Attorney General, Assistant Attorney General, or a judge,
while | 14 | | in the performance of his or her official duties, if not | 15 | | authorized by
this Article or proper court order, is a Class 1 | 16 | | felony.
| 17 | | (Source: P.A. 91-357, eff. 7-29-99; 91-657, eff. 1-1-00.)
| 18 | | (720 ILCS 5/14-5) (from Ch. 38, par. 14-5)
| 19 | | Sec. 14-5.
Evidence
inadmissible.
| 20 | | Any evidence obtained in violation of this Article is not | 21 | | admissible in
any civil or criminal trial, or any | 22 | | administrative or legislative inquiry
or proceeding, nor in any | 23 | | grand jury proceedings; provided, however, that
so much of the | 24 | | contents of an alleged unlawfully intercepted, overheard or
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| 1 | | recorded conversation as is clearly relevant, as determined as | 2 | | a matter of
law by the court in chambers, to the proof of such | 3 | | allegation may be
admitted into evidence in any criminal trial | 4 | | or grand jury proceeding
brought against any person charged | 5 | | with violating any provision of this
Article. Nothing in this | 6 | | Section bars admission of evidence if all parties to the | 7 | | private conversation or private electronic communication | 8 | | consent to admission of the evidence.
| 9 | | (Source: Laws 1965, p. 3198.)
| 10 | | Section 97. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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