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SB0665 Engrossed |
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LRB095 10920 RLC 31207 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| 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 |
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| communications of
any sort where the same are publicly made;
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| (b) Hearing conversation when heard by employees of any |
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| common
carrier by wire incidental to the normal course of their |
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| employment in
the operation, maintenance or repair of the |
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| equipment of such common
carrier by wire so long as no |
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| information obtained thereby is used or
divulged by the hearer;
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| (c) Any broadcast by radio, television or otherwise whether |
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| it be a
broadcast or recorded for the purpose of later |
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| broadcasts of any
function where the public is in attendance |
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| and the conversations are
overheard incidental to the main |
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| purpose for which such broadcasts are
then being made;
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| (d) Recording or listening with the aid of any device to |
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| any
emergency communication made in the normal course of |
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| operations by any
federal, state or local law enforcement |
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LRB095 10920 RLC 31207 b |
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| agency or institutions dealing
in emergency services, |
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| including, but not limited to, hospitals,
clinics, ambulance |
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| services, fire fighting agencies, any public utility,
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| emergency repair facility, civilian defense establishment or |
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| military
installation;
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| (e) Recording the proceedings of any meeting required to be |
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| open by
the Open Meetings Act, as amended;
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| (f) Recording or listening with the aid of any device to |
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| incoming
telephone calls of phone lines publicly listed or |
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| advertised as consumer
"hotlines" by manufacturers or |
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| retailers of food and drug products. Such
recordings must be |
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| destroyed, erased or turned over to local law
enforcement |
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| 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 |
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| individual
or business operating any such recording or |
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| listening device to comply with
the requirements of this |
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| subsection shall eliminate any civil or criminal
immunity |
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| 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 |
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| aid of any device to any
conversation
where a law enforcement |
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| officer, or any person acting at the direction of law
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| enforcement, is a party to the conversation and has consented |
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| to it being
intercepted or recorded under circumstances where |
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| the use of the device is
necessary for the protection of the |
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LRB095 10920 RLC 31207 b |
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| law enforcement officer or any person
acting at the direction |
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| of law enforcement, in the course of an
investigation
of a |
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| forcible felony, a felony violation of the Illinois Controlled |
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| Substances
Act, a felony violation of the Cannabis Control Act, |
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| a felony violation of the Methamphetamine Control and Community |
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| Protection Act, or any "streetgang
related" or "gang-related" |
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| felony as those terms are defined in the Illinois
Streetgang |
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| Terrorism Omnibus Prevention Act.
Any recording or evidence |
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| derived
as the
result of this exemption shall be inadmissible |
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| in any proceeding, criminal,
civil or
administrative, except |
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| (i) where a party to the conversation suffers great
bodily |
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| injury or is killed during such conversation, or
(ii)
when used |
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| as direct impeachment of a witness concerning matters contained |
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| in
the interception or recording. The Director of the
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| Department of
State Police shall issue regulations as are |
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| necessary concerning the use of
devices, retention of tape |
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| recordings, and reports regarding their
use;
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| (g-5) With approval of the State's Attorney of the county |
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| in
which it is to occur, recording or listening with the aid of |
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| any device to any
conversation where a law enforcement officer, |
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| or any person acting at the
direction of law enforcement, is a |
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| party to the conversation and has consented
to it being |
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| intercepted or recorded in the course of an investigation of |
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| any
offense defined in Article 29D of this Code.
In all such |
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| cases, an application for an order approving
the previous or |
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| continuing use of an eavesdropping
device must be made within |
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LRB095 10920 RLC 31207 b |
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| 48 hours of the commencement of
such use. In the absence of |
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| such an order, or upon its denial,
any continuing use shall |
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| immediately terminate.
The Director of
State Police shall issue |
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| rules as are necessary concerning the use of
devices, retention |
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| of tape recordings, and reports regarding their use.
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| Any recording or evidence obtained or derived in the course |
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| of an
investigation of any offense defined in Article 29D of |
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| this Code shall, upon
motion of the State's Attorney or |
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| Attorney General prosecuting any violation of
Article 29D, be |
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| 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 |
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| court to be relevant and otherwise admissible,
it shall be |
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| admissible at the trial of the criminal
case.
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| This subsection (g-5) is inoperative on and after January |
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| 1, 2005.
No conversations recorded or monitored pursuant to |
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| this subsection (g-5)
shall be inadmissible in a court of law |
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| by virtue of the repeal of this
subsection (g-5) on January 1, |
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| 2005;
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| (h) Recordings made simultaneously with a video recording |
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| of an oral
conversation between a peace officer, who has |
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| identified his or her office, and
a person stopped for an |
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| investigation of an offense under the Illinois Vehicle
Code;
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| (i) Recording of a conversation made by or at the request |
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| of a person, not a
law enforcement officer or agent of a law |
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| enforcement officer, who is a party
to the conversation, under |
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| reasonable suspicion that another party to the
conversation is |
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LRB095 10920 RLC 31207 b |
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| 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 |
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| household, and
there is reason to believe that evidence of the |
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| criminal offense may be
obtained by the recording;
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| (j) The use of a telephone monitoring device by either (1) |
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| a
corporation or other business entity engaged in marketing or |
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| opinion research
or (2) a corporation or other business entity |
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| engaged in telephone
solicitation, as
defined in this |
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| subsection, to record or listen to oral telephone solicitation
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| conversations or marketing or opinion research conversations |
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| by an employee of
the corporation or other business entity |
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| when:
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| (i) the monitoring is used for the purpose of service |
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| quality control of
marketing or opinion research or |
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| telephone solicitation, the education or
training of |
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| employees or contractors
engaged in marketing or opinion |
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| research or telephone solicitation, or internal
research |
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| 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 |
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| least one person who
is an active party to the marketing or |
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| opinion research conversation or
telephone solicitation |
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| conversation being
monitored.
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| No communication or conversation or any part, portion, or |
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| aspect of the
communication or conversation made, acquired, or |
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| obtained, directly or
indirectly,
under this exemption (j), may |
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SB0665 Engrossed |
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LRB095 10920 RLC 31207 b |
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| be, directly or indirectly, furnished to any law
enforcement |
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| officer, agency, or official for any purpose or used in any |
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| inquiry
or investigation, or used, directly or indirectly, in |
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| any administrative,
judicial, or other proceeding, or divulged |
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| to any third party.
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| When recording or listening authorized by this subsection |
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| (j) on telephone
lines used for marketing or opinion research |
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| or telephone solicitation purposes
results in recording or
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| listening to a conversation that does not relate to marketing |
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| or opinion
research or telephone solicitation; the
person |
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| recording or listening shall, immediately upon determining |
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| that the
conversation does not relate to marketing or opinion |
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| research or telephone
solicitation, terminate the recording
or |
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| listening and destroy any such recording as soon as is |
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| practicable.
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| Business entities that use a telephone monitoring or |
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| telephone recording
system pursuant to this exemption (j) shall |
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| provide current and prospective
employees with notice that the |
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| monitoring or recordings may occur during the
course of their |
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| 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 |
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| telephone recording
system pursuant to this exemption (j) shall |
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| provide their employees or agents
with access to personal-only |
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| telephone lines which may be pay telephones, that
are not |
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| subject to telephone monitoring or telephone recording.
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LRB095 10920 RLC 31207 b |
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| For the purposes of this subsection (j), "telephone |
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| solicitation" means a
communication through the use of a |
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| 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 |
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| 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 |
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| collection of bank
or
retail credit accounts.
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| For the purposes of this subsection (j), "marketing or |
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| opinion research"
means
a marketing or opinion research |
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| interview conducted by a live telephone
interviewer engaged by |
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| a corporation or other business entity whose principal
business |
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| is the design, conduct, and analysis of polls and surveys |
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| measuring
the
opinions, attitudes, and responses of |
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| respondents toward products and services,
or social or |
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| political issues, or both;
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| (k) Electronic recordings, including but not limited to, a |
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| motion picture,
videotape, digital, or other visual or audio |
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| recording, made of a custodial
interrogation of an individual |
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| at a police station or other place of detention
by a law |
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| enforcement officer under Section 5-401.5 of the Juvenile Court |
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| Act of
1987 or Section 103-2.1 of the Code of Criminal |
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| Procedure of 1963; and |
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| (l) Recording the interview or statement of any person when |
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| the person
knows that the interview is being conducted by a law |
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LRB095 10920 RLC 31207 b |
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| enforcement officer or
prosecutor and the interview takes place |
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| at a police station that is currently
participating in the |
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| Custodial Interview Pilot Program established under the
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| Illinois Criminal Justice Information Act ; and
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| (m) An electronic recording, including but not limited to, |
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| a motion picture,
videotape, digital, or other visual or audio |
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| recording, made of the interior of a school bus while the |
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| school bus is being used in the transportation of students to |
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| and from school and school-sponsored activities, when the |
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| school board has adopted a policy authorizing such recording, |
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| notice of such recording policy is included in student |
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| handbooks and other documents including the policies of the |
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| school, notice of the policy regarding recording is provided to |
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| parents of students, and notice of such recording is clearly |
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| posted on the door of and inside the school bus.
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| Recordings made pursuant to this subsection (m) shall be |
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| confidential records and may only be used by school officials |
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| (or their designees) and law enforcement personnel for |
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| investigations, school disciplinary actions and hearings, |
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| proceedings under the Juvenile Court Act of 1987, and criminal |
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| prosecutions, related to incidents occurring in or around the |
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| school bus. |
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| (Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03; |
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| 93-605, eff. 11-19-03; 94-556, eff. 9-11-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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