Sen. A. J. Wilhelmi
Filed: 5/9/2007
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1 | AMENDMENT TO HOUSE BILL 39
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2 | AMENDMENT NO. ______. Amend House Bill 39 by replacing | ||||||
3 | lines 19 through 26 on page 4 with the following: | ||||||
4 | " (g-6) With approval of the State's Attorney of the county | ||||||
5 | in which it is to occur, recording or listening with the aid of | ||||||
6 | any device to any conversation where a law enforcement officer, | ||||||
7 | or any person acting at the direction of law enforcement, is a | ||||||
8 | party to the conversation and has consented to it being | ||||||
9 | intercepted or recorded in the course of an investigation of | ||||||
10 | child pornography. In all such cases, an application for an | ||||||
11 | order approving the previous or continuing use of an | ||||||
12 | eavesdropping device must be made within 48 hours of the | ||||||
13 | commencement of such use. In the absence of such an order, or | ||||||
14 | upon its denial, any continuing use shall immediately | ||||||
15 | terminate. The Director of State Police shall issue rules as | ||||||
16 | are necessary concerning the use of devices, retention of | ||||||
17 | recordings, and reports regarding their use.
Any recording or | ||||||
18 | evidence obtained or derived in the course of an investigation |
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1 | of child pornography shall, upon motion of the State's Attorney | ||||||
2 | or Attorney General prosecuting any case involving child | ||||||
3 | pornography, be reviewed in camera with notice to all parties | ||||||
4 | present by the court presiding over the criminal case, and, if | ||||||
5 | ruled by the court to be relevant and otherwise admissible, it | ||||||
6 | shall be admissible at the trial of the criminal case. Absent | ||||||
7 | such a ruling, any such recording or evidence shall not be | ||||||
8 | admissible at the trial of the criminal case; ".
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