Full Text of SB1813 096th General Assembly
SB1813eng 96TH GENERAL ASSEMBLY
|
|
|
SB1813 Engrossed |
|
LRB096 04566 RLC 14621 b |
|
| 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 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 14-3 as follows:
| 6 |
| (720 ILCS 5/14-3)
| 7 |
| Sec. 14-3. Exemptions. The following activities shall be
| 8 |
| exempt from the provisions of this Article:
| 9 |
| (a) Listening to radio, wireless and television | 10 |
| communications of
any sort where the same are publicly made;
| 11 |
| (b) Hearing conversation when heard by employees of any | 12 |
| common
carrier by wire incidental to the normal course of their | 13 |
| employment in
the operation, maintenance or repair of the | 14 |
| equipment of such common
carrier by wire so long as no | 15 |
| information obtained thereby is used or
divulged by the hearer;
| 16 |
| (c) Any broadcast by radio, television or otherwise whether | 17 |
| it be a
broadcast or recorded for the purpose of later | 18 |
| broadcasts of any
function where the public is in attendance | 19 |
| and the conversations are
overheard incidental to the main | 20 |
| purpose for which such broadcasts are
then being made;
| 21 |
| (d) Recording or listening with the aid of any device to | 22 |
| any
emergency communication made in the normal course of | 23 |
| operations by any
federal, state or local law enforcement |
|
|
|
SB1813 Engrossed |
- 2 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| agency or institutions dealing
in emergency services, | 2 |
| including, but not limited to, hospitals,
clinics, ambulance | 3 |
| services, fire fighting agencies, any public utility,
| 4 |
| emergency repair facility, civilian defense establishment or | 5 |
| military
installation;
| 6 |
| (e) Recording the proceedings of any meeting required to be | 7 |
| open by
the Open Meetings Act, as amended;
| 8 |
| (f) Recording or listening with the aid of any device to | 9 |
| incoming
telephone calls of phone lines publicly listed or | 10 |
| advertised as consumer
"hotlines" by manufacturers or | 11 |
| retailers of food and drug products. Such
recordings must be | 12 |
| destroyed, erased or turned over to local law
enforcement | 13 |
| authorities within 24 hours from the time of such recording and
| 14 |
| shall not be otherwise disseminated. Failure on the part of the | 15 |
| individual
or business operating any such recording or | 16 |
| listening device to comply with
the requirements of this | 17 |
| subsection shall eliminate any civil or criminal
immunity | 18 |
| conferred upon that individual or business by the operation of
| 19 |
| this Section;
| 20 |
| (g) With prior notification to the State's Attorney of the
| 21 |
| county in which
it is to occur, recording or listening with the | 22 |
| aid of any device to any
conversation
where a law enforcement | 23 |
| officer, or any person acting at the direction of law
| 24 |
| enforcement, is a party to the conversation and has consented | 25 |
| to it being
intercepted or recorded under circumstances where | 26 |
| the use of the device is
necessary for the protection of the |
|
|
|
SB1813 Engrossed |
- 3 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| law enforcement officer or any person
acting at the direction | 2 |
| of law enforcement, in the course of an
investigation
of a | 3 |
| forcible felony, a felony violation of the Illinois Controlled | 4 |
| Substances
Act, a felony violation of the Cannabis Control Act, | 5 |
| a felony violation of the Methamphetamine Control and Community | 6 |
| Protection Act, or any "streetgang
related" or "gang-related" | 7 |
| felony as those terms are defined in the Illinois
Streetgang | 8 |
| Terrorism Omnibus Prevention Act.
Any recording or evidence | 9 |
| derived
as the
result of this exemption shall be inadmissible | 10 |
| in any proceeding, criminal,
civil or
administrative, except | 11 |
| (i) where a party to the conversation suffers great
bodily | 12 |
| injury or is killed during such conversation, or
(ii)
when used | 13 |
| as direct impeachment of a witness concerning matters contained | 14 |
| in
the interception or recording. The Director of the
| 15 |
| Department of
State Police shall issue regulations as are | 16 |
| necessary concerning the use of
devices, retention of tape | 17 |
| recordings, and reports regarding their
use;
| 18 |
| (g-5) With approval of the State's Attorney of the county | 19 |
| in
which it is to occur, recording or listening with the aid of | 20 |
| any device to any
conversation where a law enforcement officer, | 21 |
| or any person acting at the
direction of law enforcement, is a | 22 |
| party to the conversation and has consented
to it being | 23 |
| intercepted or recorded in the course of an investigation of | 24 |
| any
offense defined in Article 29D of this Code.
In all such | 25 |
| cases, an application for an order approving
the previous or | 26 |
| continuing use of an eavesdropping
device must be made within |
|
|
|
SB1813 Engrossed |
- 4 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| 48 hours of the commencement of
such use. In the absence of | 2 |
| such an order, or upon its denial,
any continuing use shall | 3 |
| immediately terminate.
The Director of
State Police shall issue | 4 |
| rules as are necessary concerning the use of
devices, retention | 5 |
| of tape recordings, and reports regarding their use.
| 6 |
| Any recording or evidence obtained or derived in the course | 7 |
| of an
investigation of any offense defined in Article 29D of | 8 |
| this Code shall, upon
motion of the State's Attorney or | 9 |
| Attorney General prosecuting any violation of
Article 29D, be | 10 |
| reviewed in camera with notice to all parties present by the
| 11 |
| court presiding over the criminal
case, and, if ruled by the | 12 |
| court to be relevant and otherwise admissible,
it shall be | 13 |
| admissible at the trial of the criminal
case.
| 14 |
| This subsection (g-5) is inoperative on and after January | 15 |
| 1, 2005.
No conversations recorded or monitored pursuant to | 16 |
| this subsection (g-5)
shall be inadmissible in a court of law | 17 |
| by virtue of the repeal of this
subsection (g-5) on January 1, | 18 |
| 2005;
| 19 |
| (g-6) With approval of the State's Attorney of the county | 20 |
| in which it is to occur, recording or listening with the aid of | 21 |
| any device to any conversation where a law enforcement officer, | 22 |
| or any person acting at the direction of law enforcement, is a | 23 |
| party to the conversation and has consented to it being | 24 |
| intercepted or recorded in the course of an investigation of | 25 |
| child pornography. In all such cases, an application for an | 26 |
| order approving the previous or continuing use of an |
|
|
|
SB1813 Engrossed |
- 5 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| eavesdropping device must be made within 48 hours of the | 2 |
| commencement of such use. In the absence of such an order, or | 3 |
| upon its denial, any continuing use shall immediately | 4 |
| terminate. The Director of State Police shall issue rules as | 5 |
| are necessary concerning the use of devices, retention of | 6 |
| recordings, and reports regarding their use.
Any recording or | 7 |
| evidence obtained or derived in the course of an investigation | 8 |
| of child pornography shall, upon motion of the State's Attorney | 9 |
| or Attorney General prosecuting any case involving child | 10 |
| pornography, be reviewed in camera with notice to all parties | 11 |
| present by the court presiding over the criminal case, and, if | 12 |
| ruled by the court to be relevant and otherwise admissible, it | 13 |
| shall be admissible at the trial of the criminal case. Absent | 14 |
| such a ruling, any such recording or evidence shall not be | 15 |
| admissible at the trial of the criminal case; | 16 |
| (h) Recordings made simultaneously with a video recording | 17 |
| of an oral
conversation between a peace officer, who has | 18 |
| identified his or her office, and
a person stopped for an | 19 |
| investigation of an offense under the Illinois law Vehicle
| 20 |
| Code , in the presence of the peace officer while the officer is | 21 |
| performing his or her official duties, or utterances made by | 22 |
| the person while an occupant of a police vehicle including, but | 23 |
| not limited to, recordings made by in-car video cameras ;
| 24 |
| (i) Recording of a conversation made by or at the request | 25 |
| of a person, not a
law enforcement officer or agent of a law | 26 |
| enforcement officer, who is a party
to the conversation, under |
|
|
|
SB1813 Engrossed |
- 6 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| reasonable suspicion that another party to the
conversation is | 2 |
| committing, is about to commit, or has committed a criminal
| 3 |
| offense against the person or a member of his or her immediate | 4 |
| household, and
there is reason to believe that evidence of the | 5 |
| criminal offense may be
obtained by the recording;
| 6 |
| (j) The use of a telephone monitoring device by either (1) | 7 |
| a
corporation or other business entity engaged in marketing or | 8 |
| opinion research
or (2) a corporation or other business entity | 9 |
| engaged in telephone
solicitation, as
defined in this | 10 |
| subsection, to record or listen to oral telephone solicitation
| 11 |
| conversations or marketing or opinion research conversations | 12 |
| by an employee of
the corporation or other business entity | 13 |
| when:
| 14 |
| (i) the monitoring is used for the purpose of service | 15 |
| quality control of
marketing or opinion research or | 16 |
| telephone solicitation, the education or
training of | 17 |
| employees or contractors
engaged in marketing or opinion | 18 |
| research or telephone solicitation, or internal
research | 19 |
| related to marketing or
opinion research or telephone
| 20 |
| solicitation; and
| 21 |
| (ii) the monitoring is used with the consent of at | 22 |
| least one person who
is an active party to the marketing or | 23 |
| opinion research conversation or
telephone solicitation | 24 |
| conversation being
monitored.
| 25 |
| No communication or conversation or any part, portion, or | 26 |
| aspect of the
communication or conversation made, acquired, or |
|
|
|
SB1813 Engrossed |
- 7 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| obtained, directly or
indirectly,
under this exemption (j), may | 2 |
| be, directly or indirectly, furnished to any law
enforcement | 3 |
| officer, agency, or official for any purpose or used in any | 4 |
| inquiry
or investigation, or used, directly or indirectly, in | 5 |
| any administrative,
judicial, or other proceeding, or divulged | 6 |
| to any third party.
| 7 |
| When recording or listening authorized by this subsection | 8 |
| (j) on telephone
lines used for marketing or opinion research | 9 |
| or telephone solicitation purposes
results in recording or
| 10 |
| listening to a conversation that does not relate to marketing | 11 |
| or opinion
research or telephone solicitation; the
person | 12 |
| recording or listening shall, immediately upon determining | 13 |
| that the
conversation does not relate to marketing or opinion | 14 |
| research or telephone
solicitation, terminate the recording
or | 15 |
| listening and destroy any such recording as soon as is | 16 |
| practicable.
| 17 |
| Business entities that use a telephone monitoring or | 18 |
| telephone recording
system pursuant to this exemption (j) shall | 19 |
| provide current and prospective
employees with notice that the | 20 |
| monitoring or recordings may occur during the
course of their | 21 |
| employment. The notice shall include prominent signage
| 22 |
| notification within the workplace.
| 23 |
| Business entities that use a telephone monitoring or | 24 |
| telephone recording
system pursuant to this exemption (j) shall | 25 |
| provide their employees or agents
with access to personal-only | 26 |
| telephone lines which may be pay telephones, that
are not |
|
|
|
SB1813 Engrossed |
- 8 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| subject to telephone monitoring or telephone recording.
| 2 |
| For the purposes of this subsection (j), "telephone | 3 |
| solicitation" means a
communication through the use of a | 4 |
| telephone by live operators:
| 5 |
| (i) soliciting the sale of goods or services;
| 6 |
| (ii) receiving orders for the sale of goods or | 7 |
| services;
| 8 |
| (iii) assisting in the use of goods or services; or
| 9 |
| (iv) engaging in the solicitation, administration, or | 10 |
| collection of bank
or
retail credit accounts.
| 11 |
| For the purposes of this subsection (j), "marketing or | 12 |
| opinion research"
means
a marketing or opinion research | 13 |
| interview conducted by a live telephone
interviewer engaged by | 14 |
| a corporation or other business entity whose principal
business | 15 |
| is the design, conduct, and analysis of polls and surveys | 16 |
| measuring
the
opinions, attitudes, and responses of | 17 |
| respondents toward products and services,
or social or | 18 |
| political issues, or both;
| 19 |
| (k) Electronic recordings, including but not limited to, a | 20 |
| motion picture,
videotape, digital, or other visual or audio | 21 |
| recording, made of a custodial
interrogation of an individual | 22 |
| at a police station or other place of detention
by a law | 23 |
| enforcement officer under Section 5-401.5 of the Juvenile Court | 24 |
| Act of
1987 or Section 103-2.1 of the Code of Criminal | 25 |
| Procedure of 1963; | 26 |
| (l) Recording the interview or statement of any person when |
|
|
|
SB1813 Engrossed |
- 9 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| the person
knows that the interview is being conducted by a law | 2 |
| enforcement officer or
prosecutor and the interview takes place | 3 |
| at a police station that is currently
participating in the | 4 |
| Custodial Interview Pilot Program established under the
| 5 |
| Illinois Criminal Justice Information Act;
| 6 |
| (m) An electronic recording, including but not limited to, | 7 |
| a motion picture,
videotape, digital, or other visual or audio | 8 |
| recording, made of the interior of a school bus while the | 9 |
| school bus is being used in the transportation of students to | 10 |
| and from school and school-sponsored activities, when the | 11 |
| school board has adopted a policy authorizing such recording, | 12 |
| notice of such recording policy is included in student | 13 |
| handbooks and other documents including the policies of the | 14 |
| school, notice of the policy regarding recording is provided to | 15 |
| parents of students, and notice of such recording is clearly | 16 |
| posted on the door of and inside the school bus.
| 17 |
| Recordings made pursuant to this subsection (m) shall be | 18 |
| confidential records and may only be used by school officials | 19 |
| (or their designees) and law enforcement personnel for | 20 |
| investigations, school disciplinary actions and hearings, | 21 |
| proceedings under the Juvenile Court Act of 1987, and criminal | 22 |
| prosecutions, related to incidents occurring in or around the | 23 |
| school bus; and | 24 |
| (n)
Recording or listening to an audio transmission from a | 25 |
| microphone placed by a person under the authority of a law | 26 |
| enforcement agency inside a bait car surveillance vehicle while |
|
|
|
SB1813 Engrossed |
- 10 - |
LRB096 04566 RLC 14621 b |
|
| 1 |
| simultaneously capturing a photographic or video image.
| 2 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-258, eff. 1-1-08; | 3 |
| 95-352, eff. 8-23-07; 95-463, eff. 6-1-08; 95-876, eff. | 4 |
| 8-21-08.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|