101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2466

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-6  from Ch. 38, par. 2-6
720 ILCS 5/14-3

    Amends the Criminal Code of 2012. Exempts from an eavesdropping violation, with the consent of the owner or lessee of the dwelling in which it is installed, the use of a doorbell or intercommunication device that has audio or video capabilities, or both. Defines "intercommunication device". Includes in the General Definitions Article of the Code that for the purposes of this eavesdropping exemption, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.


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A BILL FOR

 

HB2466LRB101 06031 SLF 51052 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 2-6 and 14-3 as follows:
 
6    (720 ILCS 5/2-6)  (from Ch. 38, par. 2-6)
7    Sec. 2-6. "Dwelling". (a) Except as otherwise provided in
8subsection (b) of this Section, "dwelling" means a building or
9portion thereof, a tent, a vehicle, or other enclosed space
10which is used or intended for use as a human habitation, home
11or residence.
12    (b) For the purposes of subsection (s) of Section 14-3 and
13Section 19-3 of this Code, "dwelling" means a house, apartment,
14mobile home, trailer, or other living quarters in which at the
15time of the alleged offense the owners or occupants actually
16reside or in their absence intend within a reasonable period of
17time to reside.
18(Source: P.A. 84-1289.)
 
19    (720 ILCS 5/14-3)
20    Sec. 14-3. Exemptions. The following activities shall be
21exempt from the provisions of this Article:
22    (a) Listening to radio, wireless electronic

 

 

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1communications, and television communications of any sort
2where the same are publicly made;
3    (b) Hearing conversation when heard by employees of any
4common carrier by wire incidental to the normal course of their
5employment in the operation, maintenance or repair of the
6equipment of such common carrier by wire so long as no
7information obtained thereby is used or divulged by the hearer;
8    (c) Any broadcast by radio, television or otherwise whether
9it be a broadcast or recorded for the purpose of later
10broadcasts of any function where the public is in attendance
11and the conversations are overheard incidental to the main
12purpose for which such broadcasts are then being made;
13    (d) Recording or listening with the aid of any device to
14any emergency communication made in the normal course of
15operations by any federal, state or local law enforcement
16agency or institutions dealing in emergency services,
17including, but not limited to, hospitals, clinics, ambulance
18services, fire fighting agencies, any public utility,
19emergency repair facility, civilian defense establishment or
20military installation;
21    (e) Recording the proceedings of any meeting required to be
22open by the Open Meetings Act, as amended;
23    (f) Recording or listening with the aid of any device to
24incoming telephone calls of phone lines publicly listed or
25advertised as consumer "hotlines" by manufacturers or
26retailers of food and drug products. Such recordings must be

 

 

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1destroyed, erased or turned over to local law enforcement
2authorities within 24 hours from the time of such recording and
3shall not be otherwise disseminated. Failure on the part of the
4individual or business operating any such recording or
5listening device to comply with the requirements of this
6subsection shall eliminate any civil or criminal immunity
7conferred upon that individual or business by the operation of
8this Section;
9    (g) With prior notification to the State's Attorney of the
10county in which it is to occur, recording or listening with the
11aid of any device to any conversation where a law enforcement
12officer, or any person acting at the direction of law
13enforcement, is a party to the conversation and has consented
14to it being intercepted or recorded under circumstances where
15the use of the device is necessary for the protection of the
16law enforcement officer or any person acting at the direction
17of law enforcement, in the course of an investigation of a
18forcible felony, a felony offense of involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons under Section 10-9 of this Code, an offense involving
21prostitution, solicitation of a sexual act, or pandering, a
22felony violation of the Illinois Controlled Substances Act, a
23felony violation of the Cannabis Control Act, a felony
24violation of the Methamphetamine Control and Community
25Protection Act, any "streetgang related" or "gang-related"
26felony as those terms are defined in the Illinois Streetgang

 

 

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1Terrorism Omnibus Prevention Act, or any felony offense
2involving any weapon listed in paragraphs (1) through (11) of
3subsection (a) of Section 24-1 of this Code. Any recording or
4evidence derived as the result of this exemption shall be
5inadmissible in any proceeding, criminal, civil or
6administrative, except (i) where a party to the conversation
7suffers great bodily injury or is killed during such
8conversation, or (ii) when used as direct impeachment of a
9witness concerning matters contained in the interception or
10recording. The Director of the Department of State Police shall
11issue regulations as are necessary concerning the use of
12devices, retention of tape recordings, and reports regarding
13their use;
14    (g-5) (Blank);
15    (g-6) With approval of the State's Attorney of the county
16in which it is to occur, recording or listening with the aid of
17any device to any conversation where a law enforcement officer,
18or any person acting at the direction of law enforcement, is a
19party to the conversation and has consented to it being
20intercepted or recorded in the course of an investigation of
21child pornography, aggravated child pornography, indecent
22solicitation of a child, luring of a minor, sexual exploitation
23of a child, aggravated criminal sexual abuse in which the
24victim of the offense was at the time of the commission of the
25offense under 18 years of age, or criminal sexual abuse by
26force or threat of force in which the victim of the offense was

 

 

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1at the time of the commission of the offense under 18 years of
2age. In all such cases, an application for an order approving
3the previous or continuing use of an eavesdropping device must
4be made within 48 hours of the commencement of such use. In the
5absence of such an order, or upon its denial, any continuing
6use shall immediately terminate. The Director of State Police
7shall issue rules as are necessary concerning the use of
8devices, retention of recordings, and reports regarding their
9use. Any recording or evidence obtained or derived in the
10course of an investigation of child pornography, aggravated
11child pornography, indecent solicitation of a child, luring of
12a minor, sexual exploitation of a child, aggravated criminal
13sexual abuse in which the victim of the offense was at the time
14of the commission of the offense under 18 years of age, or
15criminal sexual abuse by force or threat of force in which the
16victim of the offense was at the time of the commission of the
17offense under 18 years of age shall, upon motion of the State's
18Attorney or Attorney General prosecuting any case involving
19child pornography, aggravated child pornography, indecent
20solicitation of a child, luring of a minor, sexual exploitation
21of a child, aggravated criminal sexual abuse in which the
22victim of the offense was at the time of the commission of the
23offense under 18 years of age, or criminal sexual abuse by
24force or threat of force in which the victim of the offense was
25at the time of the commission of the offense under 18 years of
26age be reviewed in camera with notice to all parties present by

 

 

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1the court presiding over the criminal case, and, if ruled by
2the court to be relevant and otherwise admissible, it shall be
3admissible at the trial of the criminal case. Absent such a
4ruling, any such recording or evidence shall not be admissible
5at the trial of the criminal case;
6    (h) Recordings made simultaneously with the use of an
7in-car video camera recording of an oral conversation between a
8uniformed peace officer, who has identified his or her office,
9and a person in the presence of the peace officer whenever (i)
10an officer assigned a patrol vehicle is conducting an
11enforcement stop; or (ii) patrol vehicle emergency lights are
12activated or would otherwise be activated if not for the need
13to conceal the presence of law enforcement.
14    For the purposes of this subsection (h), "enforcement stop"
15means an action by a law enforcement officer in relation to
16enforcement and investigation duties, including but not
17limited to, traffic stops, pedestrian stops, abandoned vehicle
18contacts, motorist assists, commercial motor vehicle stops,
19roadside safety checks, requests for identification, or
20responses to requests for emergency assistance;
21    (h-5) Recordings of utterances made by a person while in
22the presence of a uniformed peace officer and while an occupant
23of a police vehicle including, but not limited to, (i)
24recordings made simultaneously with the use of an in-car video
25camera and (ii) recordings made in the presence of the peace
26officer utilizing video or audio systems, or both, authorized

 

 

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1by the law enforcement agency;
2    (h-10) Recordings made simultaneously with a video camera
3recording during the use of a taser or similar weapon or device
4by a peace officer if the weapon or device is equipped with
5such camera;
6    (h-15) Recordings made under subsection (h), (h-5), or
7(h-10) shall be retained by the law enforcement agency that
8employs the peace officer who made the recordings for a storage
9period of 90 days, unless the recordings are made as a part of
10an arrest or the recordings are deemed evidence in any
11criminal, civil, or administrative proceeding and then the
12recordings must only be destroyed upon a final disposition and
13an order from the court. Under no circumstances shall any
14recording be altered or erased prior to the expiration of the
15designated storage period. Upon completion of the storage
16period, the recording medium may be erased and reissued for
17operational use;
18    (i) Recording of a conversation made by or at the request
19of a person, not a law enforcement officer or agent of a law
20enforcement officer, who is a party to the conversation, under
21reasonable suspicion that another party to the conversation is
22committing, is about to commit, or has committed a criminal
23offense against the person or a member of his or her immediate
24household, and there is reason to believe that evidence of the
25criminal offense may be obtained by the recording;
26    (j) The use of a telephone monitoring device by either (1)

 

 

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1a corporation or other business entity engaged in marketing or
2opinion research or (2) a corporation or other business entity
3engaged in telephone solicitation, as defined in this
4subsection, to record or listen to oral telephone solicitation
5conversations or marketing or opinion research conversations
6by an employee of the corporation or other business entity
7when:
8        (i) the monitoring is used for the purpose of service
9    quality control of marketing or opinion research or
10    telephone solicitation, the education or training of
11    employees or contractors engaged in marketing or opinion
12    research or telephone solicitation, or internal research
13    related to marketing or opinion research or telephone
14    solicitation; and
15        (ii) the monitoring is used with the consent of at
16    least one person who is an active party to the marketing or
17    opinion research conversation or telephone solicitation
18    conversation being monitored.
19    No communication or conversation or any part, portion, or
20aspect of the communication or conversation made, acquired, or
21obtained, directly or indirectly, under this exemption (j), may
22be, directly or indirectly, furnished to any law enforcement
23officer, agency, or official for any purpose or used in any
24inquiry or investigation, or used, directly or indirectly, in
25any administrative, judicial, or other proceeding, or divulged
26to any third party.

 

 

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1    When recording or listening authorized by this subsection
2(j) on telephone lines used for marketing or opinion research
3or telephone solicitation purposes results in recording or
4listening to a conversation that does not relate to marketing
5or opinion research or telephone solicitation; the person
6recording or listening shall, immediately upon determining
7that the conversation does not relate to marketing or opinion
8research or telephone solicitation, terminate the recording or
9listening and destroy any such recording as soon as is
10practicable.
11    Business entities that use a telephone monitoring or
12telephone recording system pursuant to this exemption (j) shall
13provide current and prospective employees with notice that the
14monitoring or recordings may occur during the course of their
15employment. The notice shall include prominent signage
16notification within the workplace.
17    Business entities that use a telephone monitoring or
18telephone recording system pursuant to this exemption (j) shall
19provide their employees or agents with access to personal-only
20telephone lines which may be pay telephones, that are not
21subject to telephone monitoring or telephone recording.
22    For the purposes of this subsection (j), "telephone
23solicitation" means a communication through the use of a
24telephone by live operators:
25        (i) soliciting the sale of goods or services;
26        (ii) receiving orders for the sale of goods or

 

 

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1    services;
2        (iii) assisting in the use of goods or services; or
3        (iv) engaging in the solicitation, administration, or
4    collection of bank or retail credit accounts.
5    For the purposes of this subsection (j), "marketing or
6opinion research" means a marketing or opinion research
7interview conducted by a live telephone interviewer engaged by
8a corporation or other business entity whose principal business
9is the design, conduct, and analysis of polls and surveys
10measuring the opinions, attitudes, and responses of
11respondents toward products and services, or social or
12political issues, or both;
13    (k) Electronic recordings, including but not limited to, a
14motion picture, videotape, digital, or other visual or audio
15recording, made of a custodial interrogation of an individual
16at a police station or other place of detention by a law
17enforcement officer under Section 5-401.5 of the Juvenile Court
18Act of 1987 or Section 103-2.1 of the Code of Criminal
19Procedure of 1963;
20    (l) Recording the interview or statement of any person when
21the person knows that the interview is being conducted by a law
22enforcement officer or prosecutor and the interview takes place
23at a police station that is currently participating in the
24Custodial Interview Pilot Program established under the
25Illinois Criminal Justice Information Act;
26    (m) An electronic recording, including but not limited to,

 

 

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1a motion picture, videotape, digital, or other visual or audio
2recording, made of the interior of a school bus while the
3school bus is being used in the transportation of students to
4and from school and school-sponsored activities, when the
5school board has adopted a policy authorizing such recording,
6notice of such recording policy is included in student
7handbooks and other documents including the policies of the
8school, notice of the policy regarding recording is provided to
9parents of students, and notice of such recording is clearly
10posted on the door of and inside the school bus.
11    Recordings made pursuant to this subsection (m) shall be
12confidential records and may only be used by school officials
13(or their designees) and law enforcement personnel for
14investigations, school disciplinary actions and hearings,
15proceedings under the Juvenile Court Act of 1987, and criminal
16prosecutions, related to incidents occurring in or around the
17school bus;
18    (n) Recording or listening to an audio transmission from a
19microphone placed by a person under the authority of a law
20enforcement agency inside a bait car surveillance vehicle while
21simultaneously capturing a photographic or video image;
22    (o) The use of an eavesdropping camera or audio device
23during an ongoing hostage or barricade situation by a law
24enforcement officer or individual acting on behalf of a law
25enforcement officer when the use of such device is necessary to
26protect the safety of the general public, hostages, or law

 

 

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1enforcement officers or anyone acting on their behalf;
2    (p) Recording or listening with the aid of any device to
3incoming telephone calls of phone lines publicly listed or
4advertised as the "CPS Violence Prevention Hotline", but only
5where the notice of recording is given at the beginning of each
6call as required by Section 34-21.8 of the School Code. The
7recordings may be retained only by the Chicago Police
8Department or other law enforcement authorities, and shall not
9be otherwise retained or disseminated;
10    (q)(1) With prior request to and written or verbal approval
11of the State's Attorney of the county in which the conversation
12is anticipated to occur, recording or listening with the aid of
13an eavesdropping device to a conversation in which a law
14enforcement officer, or any person acting at the direction of a
15law enforcement officer, is a party to the conversation and has
16consented to the conversation being intercepted or recorded in
17the course of an investigation of a qualified offense. The
18State's Attorney may grant this approval only after determining
19that reasonable cause exists to believe that inculpatory
20conversations concerning a qualified offense will occur with a
21specified individual or individuals within a designated period
22of time.
23    (2) Request for approval. To invoke the exception contained
24in this subsection (q), a law enforcement officer shall make a
25request for approval to the appropriate State's Attorney. The
26request may be written or verbal; however, a written

 

 

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1memorialization of the request must be made by the State's
2Attorney. This request for approval shall include whatever
3information is deemed necessary by the State's Attorney but
4shall include, at a minimum, the following information about
5each specified individual whom the law enforcement officer
6believes will commit a qualified offense:
7        (A) his or her full or partial name, nickname or alias;
8        (B) a physical description; or
9        (C) failing either (A) or (B) of this paragraph (2),
10    any other supporting information known to the law
11    enforcement officer at the time of the request that gives
12    rise to reasonable cause to believe that the specified
13    individual will participate in an inculpatory conversation
14    concerning a qualified offense.
15    (3) Limitations on approval. Each written approval by the
16State's Attorney under this subsection (q) shall be limited to:
17        (A) a recording or interception conducted by a
18    specified law enforcement officer or person acting at the
19    direction of a law enforcement officer;
20        (B) recording or intercepting conversations with the
21    individuals specified in the request for approval,
22    provided that the verbal approval shall be deemed to
23    include the recording or intercepting of conversations
24    with other individuals, unknown to the law enforcement
25    officer at the time of the request for approval, who are
26    acting in conjunction with or as co-conspirators with the

 

 

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1    individuals specified in the request for approval in the
2    commission of a qualified offense;
3        (C) a reasonable period of time but in no event longer
4    than 24 consecutive hours;
5        (D) the written request for approval, if applicable, or
6    the written memorialization must be filed, along with the
7    written approval, with the circuit clerk of the
8    jurisdiction on the next business day following the
9    expiration of the authorized period of time, and shall be
10    subject to review by the Chief Judge or his or her designee
11    as deemed appropriate by the court.
12    (3.5) The written memorialization of the request for
13approval and the written approval by the State's Attorney may
14be in any format, including via facsimile, email, or otherwise,
15so long as it is capable of being filed with the circuit clerk.
16    (3.10) Beginning March 1, 2015, each State's Attorney shall
17annually submit a report to the General Assembly disclosing:
18        (A) the number of requests for each qualified offense
19    for approval under this subsection; and
20        (B) the number of approvals for each qualified offense
21    given by the State's Attorney.
22    (4) Admissibility of evidence. No part of the contents of
23any wire, electronic, or oral communication that has been
24recorded or intercepted as a result of this exception may be
25received in evidence in any trial, hearing, or other proceeding
26in or before any court, grand jury, department, officer,

 

 

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1agency, regulatory body, legislative committee, or other
2authority of this State, or a political subdivision of the
3State, other than in a prosecution of:
4        (A) the qualified offense for which approval was given
5    to record or intercept a conversation under this subsection
6    (q);
7        (B) a forcible felony committed directly in the course
8    of the investigation of the qualified offense for which
9    approval was given to record or intercept a conversation
10    under this subsection (q); or
11        (C) any other forcible felony committed while the
12    recording or interception was approved in accordance with
13    this subsection (q), but for this specific category of
14    prosecutions, only if the law enforcement officer or person
15    acting at the direction of a law enforcement officer who
16    has consented to the conversation being intercepted or
17    recorded suffers great bodily injury or is killed during
18    the commission of the charged forcible felony.
19    (5) Compliance with the provisions of this subsection is a
20prerequisite to the admissibility in evidence of any part of
21the contents of any wire, electronic or oral communication that
22has been intercepted as a result of this exception, but nothing
23in this subsection shall be deemed to prevent a court from
24otherwise excluding the evidence on any other ground recognized
25by State or federal law, nor shall anything in this subsection
26be deemed to prevent a court from independently reviewing the

 

 

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1admissibility of the evidence for compliance with the Fourth
2Amendment to the U.S. Constitution or with Article I, Section 6
3of the Illinois Constitution.
4    (6) Use of recordings or intercepts unrelated to qualified
5offenses. Whenever any private conversation or private
6electronic communication has been recorded or intercepted as a
7result of this exception that is not related to an offense for
8which the recording or intercept is admissible under paragraph
9(4) of this subsection (q), no part of the contents of the
10communication and evidence derived from the communication may
11be received in evidence in any trial, hearing, or other
12proceeding in or before any court, grand jury, department,
13officer, agency, regulatory body, legislative committee, or
14other authority of this State, or a political subdivision of
15the State, nor may it be publicly disclosed in any way.
16    (6.5) The Department of State Police shall adopt rules as
17are necessary concerning the use of devices, retention of
18recordings, and reports regarding their use under this
19subsection (q).
20    (7) Definitions. For the purposes of this subsection (q)
21only:
22        "Forcible felony" includes and is limited to those
23    offenses contained in Section 2-8 of the Criminal Code of
24    1961 as of the effective date of this amendatory Act of the
25    97th General Assembly, and only as those offenses have been
26    defined by law or judicial interpretation as of that date.

 

 

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1        "Qualified offense" means and is limited to:
2            (A) a felony violation of the Cannabis Control Act,
3        the Illinois Controlled Substances Act, or the
4        Methamphetamine Control and Community Protection Act,
5        except for violations of:
6                (i) Section 4 of the Cannabis Control Act;
7                (ii) Section 402 of the Illinois Controlled
8            Substances Act; and
9                (iii) Section 60 of the Methamphetamine
10            Control and Community Protection Act; and
11            (B) first degree murder, solicitation of murder
12        for hire, predatory criminal sexual assault of a child,
13        criminal sexual assault, aggravated criminal sexual
14        assault, aggravated arson, kidnapping, aggravated
15        kidnapping, child abduction, trafficking in persons,
16        involuntary servitude, involuntary sexual servitude of
17        a minor, or gunrunning.
18        "State's Attorney" includes and is limited to the
19    State's Attorney or an assistant State's Attorney
20    designated by the State's Attorney to provide verbal
21    approval to record or intercept conversations under this
22    subsection (q).
23    (8) Sunset. This subsection (q) is inoperative on and after
24January 1, 2020. No conversations intercepted pursuant to this
25subsection (q), while operative, shall be inadmissible in a
26court of law by virtue of the inoperability of this subsection

 

 

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1(q) on January 1, 2020.
2    (9) Recordings, records, and custody. Any private
3conversation or private electronic communication intercepted
4by a law enforcement officer or a person acting at the
5direction of law enforcement shall, if practicable, be recorded
6in such a way as will protect the recording from editing or
7other alteration. Any and all original recordings made under
8this subsection (q) shall be inventoried without unnecessary
9delay pursuant to the law enforcement agency's policies for
10inventorying evidence. The original recordings shall not be
11destroyed except upon an order of a court of competent
12jurisdiction; and
13    (r) Electronic recordings, including but not limited to,
14motion picture, videotape, digital, or other visual or audio
15recording, made of a lineup under Section 107A-2 of the Code of
16Criminal Procedure of 1963; and
17    (s) With the consent of the owner or lessee of the dwelling
18in which it is installed, the use of a doorbell or
19intercommunication device that has audio or video
20capabilities, or both. As used in this paragraph (s),
21"intercommunication device" means a communication system
22installed in a dwelling with a loudspeaker or receiver for
23listening and a microphone for speaking at one or more points.
24(Source: P.A. 100-572, eff. 12-29-17.)