State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT in relation to 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
 5    changing Section 14-3 as follows:

 6        (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
 7        Sec. 14-3.  Exemptions.  The following  activities  shall
 8    be 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
13    their employment in the operation, maintenance or  repair  of
14    the  equipment  of  such common carrier by wire so long as no
15    information obtained thereby  is  used  or  divulged  by  the
16    hearer;
17        (c)  Any  broadcast  by  radio,  television  or otherwise
18    whether it be a broadcast or  recorded  for  the  purpose  of
19    later  broadcasts  of  any  function  where  the public is in
20    attendance and the conversations are overheard incidental  to
21    the  main  purpose  for  which such broadcasts are then being
22    made;
23        (d)  Recording or listening with the aid of any device to
24    any emergency communication made  in  the  normal  course  of
25    operations  by  any  federal,  state or local law enforcement
26    agency  or  institutions  dealing  in   emergency   services,
27    including,  but not limited to, hospitals, clinics, ambulance
28    services,  fire  fighting  agencies,  any   public   utility,
29    emergency  repair facility, civilian defense establishment or
30    military installation;
31        (e)  Recording the proceedings of any meeting required to
                            -2-                LRB9202526RCcd
 1    be open by the Open Meetings Act, as amended;
 2        (f)  Recording or listening with the aid of any device to
 3    incoming telephone calls of phone lines  publicly  listed  or
 4    advertised   as   consumer  "hotlines"  by  manufacturers  or
 5    retailers of food and drug products.  Such recordings must be
 6    destroyed, erased or turned over  to  local  law  enforcement
 7    authorities  within  24 hours from the time of such recording
 8    and shall not be otherwise disseminated.  Failure on the part
 9    of the individual or business operating any such recording or
10    listening device to comply  with  the  requirements  of  this
11    subsection  shall  eliminate  any  civil or criminal immunity
12    conferred upon that individual or business by  the  operation
13    of this Section;
14        (g)  With  prior  notification to the State's Attorney of
15    the county in which it is to occur,  recording  or  listening
16    with  the  aid  of any device to any conversation where a law
17    enforcement officer, or any person acting at the direction of
18    law enforcement, is a  party  to  the  conversation  and  has
19    consented   to   it   being  intercepted  or  recorded  under
20    circumstances where the use of the device  is  necessary  for
21    the  protection  of the law enforcement officer or any person
22    acting at the direction of law enforcement, in the course  of
23    an  investigation of a forcible felony, a felony violation of
24    the Illinois Controlled Substances Act, a felony violation of
25    the Cannabis Control Act,  or  any  "streetgang  related"  or
26    "gang-related"  felony  as  those  terms  are  defined in the
27    Illinois Streetgang Terrorism Omnibus  Prevention  Act.   Any
28    recording or evidence derived as the result of this exemption
29    shall  be  inadmissible in any proceeding, criminal, civil or
30    administrative, except (i) where a party to the  conversation
31    suffers   great  bodily  injury  or  is  killed  during  such
32    conversation, or (ii) when used as direct  impeachment  of  a
33    witness  concerning  matters contained in the interception or
34    recording.  The Director of the Department  of  State  Police
                            -3-                LRB9202526RCcd
 1    shall  issue  regulations as are necessary concerning the use
 2    of  devices,  retention  of  tape  recordings,  and   reports
 3    regarding their use;
 4        (h)  Recordings   made   simultaneously   with   a  video
 5    recording of an oral conversation between  a  peace  officer,
 6    who  has  identified  his or her office, and a person stopped
 7    for an investigation of an offense under the Illinois Vehicle
 8    Code;
 9        (i)  Recording of  a  conversation  made  by  or  at  the
10    request  of  a person, not a law enforcement officer or agent
11    of  a  law  enforcement  officer,  who  is  a  party  to  the
12    conversation, under reasonable suspicion that  another  party
13    to the conversation is committing, is about to commit, or has
14    committed  a  criminal offense against the person or a member
15    of his or her immediate household, and  there  is  reason  to
16    believe that evidence of the criminal offense may be obtained
17    by the recording; and
18        (j)  The  use  of a telephone monitoring device by either
19    (1)  a  corporation  or  other  business  entity  engaged  in
20    marketing or opinion research or (2) a corporation  or  other
21    business entity engaged in telephone solicitation, as defined
22    in  this  subsection,  to  record or listen to oral telephone
23    solicitation conversations or marketing or  opinion  research
24    conversations  by  an  employee  of  the corporation or other
25    business entity when:
26             (i)  the monitoring  is  used  for  the  purpose  of
27        service  quality control of marketing or opinion research
28        or telephone solicitation, the education or  training  of
29        employees  or contractors engaged in marketing or opinion
30        research or telephone solicitation, or internal  research
31        related  to  marketing  or  opinion research or telephone
32        solicitation; and
33             (ii)  the monitoring is used with the consent of  at
34        least  one person who is an active party to the marketing
                            -4-                LRB9202526RCcd
 1        or   opinion   research   conversation    or    telephone
 2        solicitation conversation being monitored.
 3        No communication or conversation or any part, portion, or
 4    aspect  of  the communication or conversation made, acquired,
 5    or obtained, directly or  indirectly,  under  this  exemption
 6    (j),  may  be,  directly  or indirectly, furnished to any law
 7    enforcement officer, agency, or official for any  purpose  or
 8    used  in  any  inquiry or investigation, or used, directly or
 9    indirectly,  in  any  administrative,  judicial,   or   other
10    proceeding, or divulged to any third party.
11        When recording or listening authorized by this subsection
12    (j) on telephone lines used for marketing or opinion research
13    or  telephone  solicitation  purposes results in recording or
14    listening to a conversation that does not relate to marketing
15    or opinion research or  telephone  solicitation;  the  person
16    recording  or  listening  shall, immediately upon determining
17    that the conversation does not relate to marketing or opinion
18    research or telephone solicitation, terminate  the  recording
19    or  listening  and  destroy  any such recording as soon as is
20    practicable.
21        Business entities that  use  a  telephone  monitoring  or
22    telephone  recording  system  pursuant  to this exemption (j)
23    shall provide current and prospective employees  with  notice
24    that the monitoring or recordings may occur during the course
25    of  their  employment.   The  notice  shall include prominent
26    signage notification within the workplace.
27        Business entities that  use  a  telephone  monitoring  or
28    telephone  recording  system  pursuant  to this exemption (j)
29    shall provide  their  employees  or  agents  with  access  to
30    personal-only  telephone  lines  which may be pay telephones,
31    that are not subject to  telephone  monitoring  or  telephone
32    recording.
33        For  the  purposes  of  this  subsection  (j), "telephone
34    solicitation" means a communication  through  the  use  of  a
                            -5-                LRB9202526RCcd
 1    telephone by live operators:
 2             (i)  soliciting the sale of goods or services;
 3             (ii)  receiving  orders  for  the  sale  of goods or
 4        services;
 5             (iii)  assisting in the use of goods or services; or
 6             (iv)  engaging in the solicitation,  administration,
 7        or collection of bank or retail credit accounts.
 8        For  the  purposes  of this subsection (j), "marketing or
 9    opinion research"  means  a  marketing  or  opinion  research
10    interview  conducted  by a live telephone interviewer engaged
11    by a corporation or other  business  entity  whose  principal
12    business  is  the  design, conduct, and analysis of polls and
13    surveys measuring the opinions, attitudes, and  responses  of
14    respondents  toward  products  and  services,  or  social  or
15    political issues, or both.
16        (k)  Electronic recordings, including but not limited to,
17    motion   picture,   videotape,  or  other  visual  and  audio
18    recording, made of a custodial interrogation of an individual
19    by a law enforcement officer.
20    (Source: P.A. 91-357, eff. 7-29-99.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

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