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1 | AN ACT in relation to criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | |||||||||||||||||||
5 | Section 14-3 as
follows:
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6 | (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
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7 | Sec. 14-3. Exemptions. The following activities shall be
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8 | exempt from the provisions of this Article:
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9 | (a) Listening to radio, wireless and television | |||||||||||||||||||
10 | communications of
any sort where the same are publicly made;
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11 | (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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16 | (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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21 | (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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27 | emergency repair facility, civilian defense establishment or | |||||||||||||||||||
28 | military
installation;
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29 | (e) Recording the proceedings of any meeting required to be | |||||||||||||||||||
30 | open by
the Open Meetings Act, as amended;
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31 | (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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1 | 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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5 | 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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10 | this Section;
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11 | (g) With prior notification to the State's Attorney of the
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12 | 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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15 | 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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31 | 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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34 | (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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1 | 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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12 | 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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17 | 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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20 | 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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25 | (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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29 | (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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34 | 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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1 | (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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6 | conversations or marketing or opinion research conversations | ||||||
7 | by an employee of
the corporation or other business entity | ||||||
8 | when:
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9 | (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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15 | solicitation; and
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16 | (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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20 | 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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28 | 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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31 | 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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1 | practicable.
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2 | 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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7 | notification within the workplace.
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8 | 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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13 | 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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16 | (i) soliciting the sale of goods or services;
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17 | (ii) receiving orders for the sale of goods or | ||||||
18 | services;
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19 | (iii) assisting in the use of goods or services; or
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20 | (iv) engaging in the solicitation, administration, or | ||||||
21 | collection of bank
or
retail credit accounts.
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22 | 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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30 | (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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1 | (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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6 | Illinois Criminal Justice Information Act ; and
.
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7 | (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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13 | posted in clear view of the boarding passengers indicating that | ||||||
14 | both audio and
video are being recorded.
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15 | (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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