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Public Act 102-0918


 

Public Act 0918 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0918
 
HB3893 EnrolledLRB102 14883 KMF 20236 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by
changing Sections 14-3 and 33G-9 as follows:
 
    (720 ILCS 5/14-3)
    Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
        (a) Listening to radio, wireless electronic
    communications, and television communications of any sort
    where the same are publicly made;
        (b) Hearing conversation when heard by employees of
    any common carrier by wire incidental to the normal course
    of their employment in the operation, maintenance or
    repair of the equipment of such common carrier by wire so
    long as no information obtained thereby is used or
    divulged by the hearer;
        (c) Any broadcast by radio, television or otherwise
    whether it be a broadcast or recorded for the purpose of
    later broadcasts of any function where the public is in
    attendance and the conversations are overheard incidental
    to the main purpose for which such broadcasts are then
    being made;
        (d) Recording or listening with the aid of any device
    to any emergency communication made in the normal course
    of operations by any federal, state or local law
    enforcement agency or institutions dealing in emergency
    services, including, but not limited to, hospitals,
    clinics, ambulance services, fire fighting agencies, any
    public utility, emergency repair facility, civilian
    defense establishment or military installation;
        (e) Recording the proceedings of any meeting required
    to be open by the Open Meetings Act, as amended;
        (f) Recording or listening with the aid of any device
    to incoming telephone calls of phone lines publicly listed
    or advertised as consumer "hotlines" by manufacturers or
    retailers of food and drug products. Such recordings must
    be destroyed, erased or turned over to local law
    enforcement authorities within 24 hours from the time of
    such recording and shall not be otherwise disseminated.
    Failure on the part of the individual or business
    operating any such recording or listening device to comply
    with the requirements of this subsection shall eliminate
    any civil or criminal immunity conferred upon that
    individual or business by the operation of this Section;
        (g) With prior notification to the State's Attorney of
    the county in which it is to occur, recording or listening
    with the aid of any device to any conversation where a law
    enforcement officer, or any person acting at the direction
    of law enforcement, is a party to the conversation and has
    consented to it being intercepted or recorded under
    circumstances where the use of the device is necessary for
    the protection of the law enforcement officer or any
    person acting at the direction of law enforcement, in the
    course of an investigation of a forcible felony, a felony
    offense of involuntary servitude, involuntary sexual
    servitude of a minor, or trafficking in persons under
    Section 10-9 of this Code, an offense involving
    prostitution, solicitation of a sexual act, or pandering,
    a felony violation of the Illinois Controlled Substances
    Act, a felony violation of the Cannabis Control Act, a
    felony violation of the Methamphetamine Control and
    Community Protection Act, any "streetgang related" or
    "gang-related" felony as those terms are defined in the
    Illinois Streetgang Terrorism Omnibus Prevention Act, or
    any felony offense involving any weapon listed in
    paragraphs (1) through (11) of subsection (a) of Section
    24-1 of this Code. Any recording or evidence derived as
    the result of this exemption shall be inadmissible in any
    proceeding, criminal, civil or administrative, except (i)
    where a party to the conversation suffers great bodily
    injury or is killed during such conversation, or (ii) when
    used as direct impeachment of a witness concerning matters
    contained in the interception or recording. The Director
    of the Illinois State Police shall issue regulations as
    are necessary concerning the use of devices, retention of
    tape recordings, and reports regarding their use;
        (g-5) (Blank);
        (g-6) With approval of the State's Attorney of the
    county in which it is to occur, recording or listening
    with the aid of any device to any conversation where a law
    enforcement officer, or any person acting at the direction
    of law enforcement, is a party to the conversation and has
    consented to it being intercepted or recorded in the
    course of an investigation of child pornography,
    aggravated child pornography, indecent solicitation of a
    child, luring of a minor, sexual exploitation of a child,
    aggravated criminal sexual abuse in which the victim of
    the offense was at the time of the commission of the
    offense under 18 years of age, or criminal sexual abuse by
    force or threat of force in which the victim of the offense
    was at the time of the commission of the offense under 18
    years of age. In all such cases, an application for an
    order approving the previous or continuing use of an
    eavesdropping device must be made within 48 hours of the
    commencement of such use. In the absence of such an order,
    or upon its denial, any continuing use shall immediately
    terminate. The Director of the Illinois State Police shall
    issue rules as are necessary concerning the use of
    devices, retention of recordings, and reports regarding
    their use. Any recording or evidence obtained or derived
    in the course of an investigation of child pornography,
    aggravated child pornography, indecent solicitation of a
    child, luring of a minor, sexual exploitation of a child,
    aggravated criminal sexual abuse in which the victim of
    the offense was at the time of the commission of the
    offense under 18 years of age, or criminal sexual abuse by
    force or threat of force in which the victim of the offense
    was at the time of the commission of the offense under 18
    years of age shall, upon motion of the State's Attorney or
    Attorney General prosecuting any case involving child
    pornography, aggravated child pornography, indecent
    solicitation of a child, luring of a minor, sexual
    exploitation of a child, aggravated criminal sexual abuse
    in which the victim of the offense was at the time of the
    commission of the offense under 18 years of age, or
    criminal sexual abuse by force or threat of force in which
    the victim of the offense was at the time of the commission
    of the offense under 18 years of age be reviewed in camera
    with notice to all parties present by the court presiding
    over the criminal case, and, if ruled by the court to be
    relevant and otherwise admissible, it shall be admissible
    at the trial of the criminal case. Absent such a ruling,
    any such recording or evidence shall not be admissible at
    the trial of the criminal case;
        (h) Recordings made simultaneously with the use of an
    in-car video camera recording of an oral conversation
    between a uniformed peace officer, who has identified his
    or her office, and a person in the presence of the peace
    officer whenever (i) an officer assigned a patrol vehicle
    is conducting an enforcement stop; or (ii) patrol vehicle
    emergency lights are activated or would otherwise be
    activated if not for the need to conceal the presence of
    law enforcement.
        For the purposes of this subsection (h), "enforcement
    stop" means an action by a law enforcement officer in
    relation to enforcement and investigation duties,
    including but not limited to, traffic stops, pedestrian
    stops, abandoned vehicle contacts, motorist assists,
    commercial motor vehicle stops, roadside safety checks,
    requests for identification, or responses to requests for
    emergency assistance;
        (h-5) Recordings of utterances made by a person while
    in the presence of a uniformed peace officer and while an
    occupant of a police vehicle including, but not limited
    to, (i) recordings made simultaneously with the use of an
    in-car video camera and (ii) recordings made in the
    presence of the peace officer utilizing video or audio
    systems, or both, authorized by the law enforcement
    agency;
        (h-10) Recordings made simultaneously with a video
    camera recording during the use of a taser or similar
    weapon or device by a peace officer if the weapon or device
    is equipped with such camera;
        (h-15) Recordings made under subsection (h), (h-5), or
    (h-10) shall be retained by the law enforcement agency
    that employs the peace officer who made the recordings for
    a storage period of 90 days, unless the recordings are
    made as a part of an arrest or the recordings are deemed
    evidence in any criminal, civil, or administrative
    proceeding and then the recordings must only be destroyed
    upon a final disposition and an order from the court.
    Under no circumstances shall any recording be altered or
    erased prior to the expiration of the designated storage
    period. Upon completion of the storage period, the
    recording medium may be erased and reissued for
    operational use;
        (i) Recording of a conversation made by or at the
    request of a person, not a law enforcement officer or
    agent of a law enforcement officer, who is a party to the
    conversation, under reasonable suspicion that another
    party to the conversation is committing, is about to
    commit, or has committed a criminal offense against the
    person or a member of his or her immediate household, and
    there is reason to believe that evidence of the criminal
    offense may be obtained by the recording;
        (j) The use of a telephone monitoring device by either
    (1) a corporation or other business entity engaged in
    marketing or opinion research or (2) a corporation or
    other business entity engaged in telephone solicitation,
    as defined in this subsection, to record or listen to oral
    telephone solicitation conversations or marketing or
    opinion research conversations by an employee of the
    corporation or other business entity when:
            (i) the monitoring is used for the purpose of
        service quality control of marketing or opinion
        research or telephone solicitation, the education or
        training of employees or contractors engaged in
        marketing or opinion research or telephone
        solicitation, or internal research related to
        marketing or opinion research or telephone
        solicitation; and
            (ii) the monitoring is used with the consent of at
        least one person who is an active party to the
        marketing or opinion research conversation or
        telephone solicitation conversation being monitored.
        No communication or conversation or any part, portion,
    or aspect of the communication or conversation made,
    acquired, or obtained, directly or indirectly, under this
    exemption (j), may be, directly or indirectly, furnished
    to any law enforcement officer, agency, or official for
    any purpose or used in any inquiry or investigation, or
    used, directly or indirectly, in any administrative,
    judicial, or other proceeding, or divulged to any third
    party.
        When recording or listening authorized by this
    subsection (j) on telephone lines used for marketing or
    opinion research or telephone solicitation purposes
    results in recording or listening to a conversation that
    does not relate to marketing or opinion research or
    telephone solicitation; the person recording or listening
    shall, immediately upon determining that the conversation
    does not relate to marketing or opinion research or
    telephone solicitation, terminate the recording or
    listening and destroy any such recording as soon as is
    practicable.
        Business entities that use a telephone monitoring or
    telephone recording system pursuant to this exemption (j)
    shall provide current and prospective employees with
    notice that the monitoring or recordings may occur during
    the course of their employment. The notice shall include
    prominent signage notification within the workplace.
        Business entities that use a telephone monitoring or
    telephone recording system pursuant to this exemption (j)
    shall provide their employees or agents with access to
    personal-only telephone lines which may be pay telephones,
    that are not subject to telephone monitoring or telephone
    recording.
        For the purposes of this subsection (j), "telephone
    solicitation" means a communication through the use of a
    telephone by live operators:
            (i) soliciting the sale of goods or services;
            (ii) receiving orders for the sale of goods or
        services;
            (iii) assisting in the use of goods or services;
        or
            (iv) engaging in the solicitation, administration,
        or collection of bank or retail credit accounts.
        For the purposes of this subsection (j), "marketing or
    opinion research" means a marketing or opinion research
    interview conducted by a live telephone interviewer
    engaged by a corporation or other business entity whose
    principal business is the design, conduct, and analysis of
    polls and surveys measuring the opinions, attitudes, and
    responses of respondents toward products and services, or
    social or political issues, or both;
        (k) Electronic recordings, including but not limited
    to, a motion picture, videotape, digital, or other visual
    or audio recording, made of a custodial interrogation of
    an individual at a police station or other place of
    detention by a law enforcement officer under Section
    5-401.5 of the Juvenile Court Act of 1987 or Section
    103-2.1 of the Code of Criminal Procedure of 1963;
        (l) Recording the interview or statement of any person
    when the person knows that the interview is being
    conducted by a law enforcement officer or prosecutor and
    the interview takes place at a police station that is
    currently participating in the Custodial Interview Pilot
    Program established under the Illinois Criminal Justice
    Information Act;
        (m) An electronic recording, including but not limited
    to, a motion picture, videotape, digital, or other visual
    or audio recording, made of the interior of a school bus
    while the school bus is being used in the transportation
    of students to and from school and school-sponsored
    activities, when the school board has adopted a policy
    authorizing such recording, notice of such recording
    policy is included in student handbooks and other
    documents including the policies of the school, notice of
    the policy regarding recording is provided to parents of
    students, and notice of such recording is clearly posted
    on the door of and inside the school bus.
        Recordings made pursuant to this subsection (m) shall
    be confidential records and may only be used by school
    officials (or their designees) and law enforcement
    personnel for investigations, school disciplinary actions
    and hearings, proceedings under the Juvenile Court Act of
    1987, and criminal prosecutions, related to incidents
    occurring in or around the school bus;
        (n) Recording or listening to an audio transmission
    from a microphone placed by a person under the authority
    of a law enforcement agency inside a bait car surveillance
    vehicle while simultaneously capturing a photographic or
    video image;
        (o) The use of an eavesdropping camera or audio device
    during an ongoing hostage or barricade situation by a law
    enforcement officer or individual acting on behalf of a
    law enforcement officer when the use of such device is
    necessary to protect the safety of the general public,
    hostages, or law enforcement officers or anyone acting on
    their behalf;
        (p) Recording or listening with the aid of any device
    to incoming telephone calls of phone lines publicly listed
    or advertised as the "CPS Violence Prevention Hotline",
    but only where the notice of recording is given at the
    beginning of each call as required by Section 34-21.8 of
    the School Code. The recordings may be retained only by
    the Chicago Police Department or other law enforcement
    authorities, and shall not be otherwise retained or
    disseminated;
        (q)(1) With prior request to and written or verbal
    approval of the State's Attorney of the county in which
    the conversation is anticipated to occur, recording or
    listening with the aid of an eavesdropping device to a
    conversation in which a law enforcement officer, or any
    person acting at the direction of a law enforcement
    officer, is a party to the conversation and has consented
    to the conversation being intercepted or recorded in the
    course of an investigation of a qualified offense. The
    State's Attorney may grant this approval only after
    determining that reasonable cause exists to believe that
    inculpatory conversations concerning a qualified offense
    will occur with a specified individual or individuals
    within a designated period of time.
        (2) Request for approval. To invoke the exception
    contained in this subsection (q), a law enforcement
    officer shall make a request for approval to the
    appropriate State's Attorney. The request may be written
    or verbal; however, a written memorialization of the
    request must be made by the State's Attorney. This request
    for approval shall include whatever information is deemed
    necessary by the State's Attorney but shall include, at a
    minimum, the following information about each specified
    individual whom the law enforcement officer believes will
    commit a qualified offense:
            (A) his or her full or partial name, nickname or
        alias;
            (B) a physical description; or
            (C) failing either (A) or (B) of this paragraph
        (2), any other supporting information known to the law
        enforcement officer at the time of the request that
        gives rise to reasonable cause to believe that the
        specified individual will participate in an
        inculpatory conversation concerning a qualified
        offense.
        (3) Limitations on approval. Each written approval by
    the State's Attorney under this subsection (q) shall be
    limited to:
            (A) a recording or interception conducted by a
        specified law enforcement officer or person acting at
        the direction of a law enforcement officer;
            (B) recording or intercepting conversations with
        the individuals specified in the request for approval,
        provided that the verbal approval shall be deemed to
        include the recording or intercepting of conversations
        with other individuals, unknown to the law enforcement
        officer at the time of the request for approval, who
        are acting in conjunction with or as co-conspirators
        with the individuals specified in the request for
        approval in the commission of a qualified offense;
            (C) a reasonable period of time but in no event
        longer than 24 consecutive hours;
            (D) the written request for approval, if
        applicable, or the written memorialization must be
        filed, along with the written approval, with the
        circuit clerk of the jurisdiction on the next business
        day following the expiration of the authorized period
        of time, and shall be subject to review by the Chief
        Judge or his or her designee as deemed appropriate by
        the court.
        (3.5) The written memorialization of the request for
    approval and the written approval by the State's Attorney
    may be in any format, including via facsimile, email, or
    otherwise, so long as it is capable of being filed with the
    circuit clerk.
        (3.10) Beginning March 1, 2015, each State's Attorney
    shall annually submit a report to the General Assembly
    disclosing:
            (A) the number of requests for each qualified
        offense for approval under this subsection; and
            (B) the number of approvals for each qualified
        offense given by the State's Attorney.
        (4) Admissibility of evidence. No part of the contents
    of any wire, electronic, or oral communication that has
    been recorded or intercepted as a result of this exception
    may be received in evidence in any trial, hearing, or
    other proceeding in or before any court, grand jury,
    department, officer, agency, regulatory body, legislative
    committee, or other authority of this State, or a
    political subdivision of the State, other than in a
    prosecution of:
            (A) the qualified offense for which approval was
        given to record or intercept a conversation under this
        subsection (q);
            (B) a forcible felony committed directly in the
        course of the investigation of the qualified offense
        for which approval was given to record or intercept a
        conversation under this subsection (q); or
            (C) any other forcible felony committed while the
        recording or interception was approved in accordance
        with this subsection (q), but for this specific
        category of prosecutions, only if the law enforcement
        officer or person acting at the direction of a law
        enforcement officer who has consented to the
        conversation being intercepted or recorded suffers
        great bodily injury or is killed during the commission
        of the charged forcible felony.
        (5) Compliance with the provisions of this subsection
    is a prerequisite to the admissibility in evidence of any
    part of the contents of any wire, electronic or oral
    communication that has been intercepted as a result of
    this exception, but nothing in this subsection shall be
    deemed to prevent a court from otherwise excluding the
    evidence on any other ground recognized by State or
    federal law, nor shall anything in this subsection be
    deemed to prevent a court from independently reviewing the
    admissibility of the evidence for compliance with the
    Fourth Amendment to the U.S. Constitution or with Article
    I, Section 6 of the Illinois Constitution.
        (6) Use of recordings or intercepts unrelated to
    qualified offenses. Whenever any private conversation or
    private electronic communication has been recorded or
    intercepted as a result of this exception that is not
    related to an offense for which the recording or intercept
    is admissible under paragraph (4) of this subsection (q),
    no part of the contents of the communication and evidence
    derived from the communication may be received in evidence
    in any trial, hearing, or other proceeding in or before
    any court, grand jury, department, officer, agency,
    regulatory body, legislative committee, or other authority
    of this State, or a political subdivision of the State,
    nor may it be publicly disclosed in any way.
        (6.5) The Illinois State Police shall adopt rules as
    are necessary concerning the use of devices, retention of
    recordings, and reports regarding their use under this
    subsection (q).
        (7) Definitions. For the purposes of this subsection
    (q) only:
            "Forcible felony" includes and is limited to those
        offenses contained in Section 2-8 of the Criminal Code
        of 1961 as of the effective date of this amendatory Act
        of the 97th General Assembly, and only as those
        offenses have been defined by law or judicial
        interpretation as of that date.
            "Qualified offense" means and is limited to:
                (A) a felony violation of the Cannabis Control
            Act, the Illinois Controlled Substances Act, or
            the Methamphetamine Control and Community
            Protection Act, except for violations of:
                    (i) Section 4 of the Cannabis Control Act;
                    (ii) Section 402 of the Illinois
                Controlled Substances Act; and
                    (iii) Section 60 of the Methamphetamine
                Control and Community Protection Act; and
                (B) first degree murder, solicitation of
            murder for hire, predatory criminal sexual assault
            of a child, criminal sexual assault, aggravated
            criminal sexual assault, aggravated arson,
            kidnapping, aggravated kidnapping, child
            abduction, trafficking in persons, involuntary
            servitude, involuntary sexual servitude of a
            minor, or gunrunning.
            "State's Attorney" includes and is limited to the
        State's Attorney or an assistant State's Attorney
        designated by the State's Attorney to provide verbal
        approval to record or intercept conversations under
        this subsection (q).
        (8) Sunset. This subsection (q) is inoperative on and
    after January 1, 2027 2023. No conversations intercepted
    pursuant to this subsection (q), while operative, shall be
    inadmissible in a court of law by virtue of the
    inoperability of this subsection (q) on January 1, 2027
    2023.
        (9) Recordings, records, and custody. Any private
    conversation or private electronic communication
    intercepted by a law enforcement officer or a person
    acting at the direction of law enforcement shall, if
    practicable, be recorded in such a way as will protect the
    recording from editing or other alteration. Any and all
    original recordings made under this subsection (q) shall
    be inventoried without unnecessary delay pursuant to the
    law enforcement agency's policies for inventorying
    evidence. The original recordings shall not be destroyed
    except upon an order of a court of competent jurisdiction;
    and
        (r) Electronic recordings, including but not limited
    to, motion picture, videotape, digital, or other visual or
    audio recording, made of a lineup under Section 107A-2 of
    the Code of Criminal Procedure of 1963.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
    (720 ILCS 5/33G-9)
    (Section scheduled to be repealed on June 11, 2022)
    Sec. 33G-9. Repeal. This Article is repealed on June 11,
2023 2022.
(Source: P.A. 100-1, eff. 6-9-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022