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.