Full Text of HB4592 93rd General Assembly
HB4592 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4592
Introduced 02/04/04, by Robert Rita SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/14-3 |
from Ch. 38, par. 14-3 |
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Amends the Criminal Code of 1961. Exempts from an
eavesdropping violation, recordings made simultaneously with a security
video recording by a fixed, publicly visible camera in vehicles used by
authorized public mass transit districts in the normal course of public
transportation; provided, the audio recordings are confined to the
passenger boarding or driver areas of the vehicle, or both, and a sign is
posted in clear view of the boarding passengers indicating that both
audio and video are being recorded.
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A BILL FOR
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HB4592 |
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LRB093 14866 RLC 40432 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 14-3 as
follows:
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| (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
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| Sec. 14-3. Exemptions. The following activities shall be
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| exempt from the provisions of this Article:
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| (a) Listening to radio, wireless and television | 10 |
| communications of
any sort where the same are publicly made;
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| (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;
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| (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;
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| (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 | 24 |
| agency or institutions dealing
in emergency services, | 25 |
| including, but not limited to, hospitals,
clinics, ambulance | 26 |
| services, fire fighting agencies, any public utility,
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| emergency repair facility, civilian defense establishment or | 28 |
| military
installation;
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| (e) Recording the proceedings of any meeting required to be | 30 |
| open by
the Open Meetings Act, as amended;
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| (f) Recording or listening with the aid of any device to | 32 |
| incoming
telephone calls of phone lines publicly listed or |
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HB4592 |
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LRB093 14866 RLC 40432 b |
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| advertised as consumer
"hotlines" by manufacturers or | 2 |
| retailers of food and drug products. Such
recordings must be | 3 |
| destroyed, erased or turned over to local law
enforcement | 4 |
| authorities within 24 hours from the time of such recording and
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| shall not be otherwise disseminated. Failure on the part of the | 6 |
| individual
or business operating any such recording or | 7 |
| listening device to comply with
the requirements of this | 8 |
| subsection shall eliminate any civil or criminal
immunity | 9 |
| conferred upon that individual or business by the operation of
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| this Section;
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| (g) With prior notification to the State's Attorney of the
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| county in which
it is to occur, recording or listening with the | 13 |
| aid of any device to any
conversation
where a law enforcement | 14 |
| officer, or any person acting at the direction of law
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| enforcement, is a party to the conversation and has consented | 16 |
| to it being
intercepted or recorded under circumstances where | 17 |
| the use of the device is
necessary for the protection of the | 18 |
| law enforcement officer or any person
acting at the direction | 19 |
| of law enforcement, in the course of an
investigation
of a | 20 |
| forcible felony, a felony violation of the Illinois Controlled | 21 |
| Substances
Act, a felony violation of the Cannabis Control Act, | 22 |
| or any "streetgang
related" or "gang-related" felony as those | 23 |
| terms are defined in the Illinois
Streetgang Terrorism Omnibus | 24 |
| Prevention Act.
Any recording or evidence derived
as the
result | 25 |
| of this exemption shall be inadmissible in any proceeding, | 26 |
| criminal,
civil or
administrative, except (i) where a party to | 27 |
| the conversation suffers great
bodily injury or is killed | 28 |
| during such conversation, or
(ii)
when used as direct | 29 |
| impeachment of a witness concerning matters contained in
the | 30 |
| interception or recording. The Director of the
Department of
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| State Police shall issue regulations as are necessary | 32 |
| concerning the use of
devices, retention of tape recordings, | 33 |
| and reports regarding their
use;
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| (g-5) With approval of the State's Attorney of the county | 35 |
| in
which it is to occur, recording or listening with the aid of | 36 |
| any device to any
conversation where a law enforcement officer, |
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LRB093 14866 RLC 40432 b |
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| or any person acting at the
direction of law enforcement, is a | 2 |
| party to the conversation and has consented
to it being | 3 |
| intercepted or recorded in the course of an investigation of | 4 |
| any
offense defined in Article 29D of this Code.
In all such | 5 |
| cases, an application for an order approving
the previous or | 6 |
| continuing use of an eavesdropping
device must be made within | 7 |
| 48 hours of the commencement of
such use. In the absence of | 8 |
| such an order, or upon its denial,
any continuing use shall | 9 |
| immediately terminate.
The Director of
State Police shall issue | 10 |
| rules as are necessary concerning the use of
devices, retention | 11 |
| of tape recordings, and reports regarding their use.
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| Any recording or evidence obtained or derived in the course | 13 |
| of an
investigation of any offense defined in Article 29D of | 14 |
| this Code shall, upon
motion of the State's Attorney or | 15 |
| Attorney General prosecuting any violation of
Article 29D, be | 16 |
| reviewed in camera with notice to all parties present by the
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| court presiding over the criminal
case, and, if ruled by the | 18 |
| court to be relevant and otherwise admissible,
it shall be | 19 |
| admissible at the trial of the criminal
case.
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| This subsection (g-5) is inoperative on and after January | 21 |
| 1, 2005.
No conversations recorded or monitored pursuant to | 22 |
| this subsection (g-5)
shall be inadmissible
inadmissable in a | 23 |
| court of law by virtue of the repeal of this
subsection (g-5) | 24 |
| on January 1, 2005;
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| (h) Recordings made simultaneously with a video recording | 26 |
| of an oral
conversation between a peace officer, who has | 27 |
| identified his or her office, and
a person stopped for an | 28 |
| investigation of an offense under the Illinois Vehicle
Code;
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| (i) Recording of a conversation made by or at the request | 30 |
| of a person, not a
law enforcement officer or agent of a law | 31 |
| enforcement officer, who is a party
to the conversation, under | 32 |
| reasonable suspicion that another party to the
conversation is | 33 |
| committing, is about to commit, or has committed a criminal
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| offense against the person or a member of his or her immediate | 35 |
| household, and
there is reason to believe that evidence of the | 36 |
| criminal offense may be
obtained by the recording;
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LRB093 14866 RLC 40432 b |
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| (j) The use of a telephone monitoring device by either (1) | 2 |
| a
corporation or other business entity engaged in marketing or | 3 |
| opinion research
or (2) a corporation or other business entity | 4 |
| engaged in telephone
solicitation, as
defined in this | 5 |
| subsection, to record or listen to oral telephone solicitation
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| conversations or marketing or opinion research conversations | 7 |
| by an employee of
the corporation or other business entity | 8 |
| when:
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| (i) the monitoring is used for the purpose of service | 10 |
| quality control of
marketing or opinion research or | 11 |
| telephone solicitation, the education or
training of | 12 |
| employees or contractors
engaged in marketing or opinion | 13 |
| research or telephone solicitation, or internal
research | 14 |
| related to marketing or
opinion research or telephone
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| solicitation; and
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| (ii) the monitoring is used with the consent of at | 17 |
| least one person who
is an active party to the marketing or | 18 |
| opinion research conversation or
telephone solicitation | 19 |
| conversation being
monitored.
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| No communication or conversation or any part, portion, or | 21 |
| aspect of the
communication or conversation made, acquired, or | 22 |
| obtained, directly or
indirectly,
under this exemption (j), may | 23 |
| be, directly or indirectly, furnished to any law
enforcement | 24 |
| officer, agency, or official for any purpose or used in any | 25 |
| inquiry
or investigation, or used, directly or indirectly, in | 26 |
| any administrative,
judicial, or other proceeding, or divulged | 27 |
| to any third party.
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| When recording or listening authorized by this subsection | 29 |
| (j) on telephone
lines used for marketing or opinion research | 30 |
| or telephone solicitation purposes
results in recording or
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| listening to a conversation that does not relate to marketing | 32 |
| or opinion
research or telephone solicitation; the
person | 33 |
| recording or listening shall, immediately upon determining | 34 |
| that the
conversation does not relate to marketing or opinion | 35 |
| research or telephone
solicitation, terminate the recording
or | 36 |
| listening and destroy any such recording as soon as is |
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LRB093 14866 RLC 40432 b |
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| practicable.
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| Business entities that use a telephone monitoring or | 3 |
| telephone recording
system pursuant to this exemption (j) shall | 4 |
| provide current and prospective
employees with notice that the | 5 |
| monitoring or recordings may occur during the
course of their | 6 |
| employment. The notice shall include prominent signage
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| notification within the workplace.
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| Business entities that use a telephone monitoring or | 9 |
| telephone recording
system pursuant to this exemption (j) shall | 10 |
| provide their employees or agents
with access to personal-only | 11 |
| telephone lines which may be pay telephones, that
are not | 12 |
| subject to telephone monitoring or telephone recording.
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| For the purposes of this subsection (j), "telephone | 14 |
| solicitation" means a
communication through the use of a | 15 |
| telephone by live operators:
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| (i) soliciting the sale of goods or services;
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| (ii) receiving orders for the sale of goods or | 18 |
| services;
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| (iii) assisting in the use of goods or services; or
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| (iv) engaging in the solicitation, administration, or | 21 |
| collection of bank
or
retail credit accounts.
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| For the purposes of this subsection (j), "marketing or | 23 |
| opinion research"
means
a marketing or opinion research | 24 |
| interview conducted by a live telephone
interviewer engaged by | 25 |
| a corporation or other business entity whose principal
business | 26 |
| is the design, conduct, and analysis of polls and surveys | 27 |
| measuring
the
opinions, attitudes, and responses of | 28 |
| respondents toward products and services,
or social or | 29 |
| political issues, or both ; .
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| (k) Electronic recordings, including but not limited to, a | 31 |
| motion picture,
videotape, digital, or other visual or audio | 32 |
| recording, made of a custodial
interrogation of an individual | 33 |
| at a police station or other place of detention
by a law | 34 |
| enforcement officer under Section 5-401.5 of the Juvenile Court | 35 |
| Act of
1987 or Section 103-2.1 of the Code of Criminal | 36 |
| Procedure of 1963; and |
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HB4592 |
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LRB093 14866 RLC 40432 b |
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| (l)
(k) Recording the interview or statement of any person | 2 |
| when the person
knows that the interview is being conducted by | 3 |
| a law enforcement officer or
prosecutor and the interview takes | 4 |
| place at a police station that is currently
participating in | 5 |
| the Custodial Interview Pilot Program established under the
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| Illinois Criminal Justice Information Act ; and
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| (m) Recordings made simultaneously with a security video | 8 |
| recording
by a fixed, publicly visible camera in vehicles used | 9 |
| by authorized public
mass transit districts in the normal | 10 |
| course of public transportation. The
audio recordings must be | 11 |
| confined to the passenger boarding or driver
areas of the | 12 |
| vehicle, or both. Every vehicle so equipped must have a sign
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| posted in clear view of the boarding passengers indicating that | 14 |
| both audio and
video are being recorded.
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| (Source: P.A. 92-854, eff. 12-5-02; 93-206, eff. 7-18-03; | 16 |
| 93-517, eff.
8-6-03; 93-605, eff. 11-19-03; revised 12-9-03.)
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