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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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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: |
6 | | (720 ILCS 5/14-3) |
7 | | Sec. 14-3. Exemptions. The following activities shall be
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8 | | exempt from the provisions of this Article: |
9 | | (a) Listening to radio, wireless and television |
10 | | communications of
any sort where the same are publicly made; |
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; |
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; |
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 |
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1 | | agency or institutions dealing
in emergency services, |
2 | | including, but not limited to, hospitals,
clinics, ambulance |
3 | | services, fire fighting agencies, any public utility,
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4 | | emergency repair facility, civilian defense establishment or |
5 | | military
installation; |
6 | | (e) Recording the proceedings of any meeting required to be |
7 | | open by
the Open Meetings Act, as amended; |
8 | | (f) Recording or listening with the aid of any device to |
9 | | incoming
telephone calls of phone lines publicly listed or |
10 | | advertised as consumer
"hotlines" by manufacturers or |
11 | | retailers of food and drug products. Such
recordings must be |
12 | | destroyed, erased or turned over to local law
enforcement |
13 | | authorities within 24 hours from the time of such recording and
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14 | | shall not be otherwise disseminated. Failure on the part of the |
15 | | individual
or business operating any such recording or |
16 | | listening device to comply with
the requirements of this |
17 | | subsection shall eliminate any civil or criminal
immunity |
18 | | conferred upon that individual or business by the operation of
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19 | | this Section; |
20 | | (g) With prior notification to the State's Attorney of the
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21 | | county in which
it is to occur, recording or listening with the |
22 | | aid of any device to any
conversation
where a law enforcement |
23 | | officer, or any person acting at the direction of law
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24 | | enforcement, is a party to the conversation and has consented |
25 | | to it being
intercepted or recorded under circumstances where |
26 | | the use of the device is
necessary for the protection of the |
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1 | | law enforcement officer or any person
acting at the direction |
2 | | of law enforcement, in the course of an
investigation
of a |
3 | | forcible felony, a felony offense of involuntary servitude, |
4 | | involuntary sexual servitude of a minor, or trafficking in |
5 | | persons for forced labor or services under Section 10-9 of this |
6 | | Code, an offense involving prostitution, solicitation of a |
7 | | sexual act, or pandering, a felony violation of the Illinois |
8 | | Controlled Substances
Act, a felony violation of the Cannabis |
9 | | Control Act, a felony violation of the Methamphetamine Control |
10 | | and Community Protection Act, any "streetgang
related" or |
11 | | "gang-related" felony as those terms are defined in the |
12 | | Illinois
Streetgang Terrorism Omnibus Prevention Act, or any |
13 | | felony offense involving any weapon listed in paragraphs (1) |
14 | | through (11) of subsection (a) of Section 24-1 of this Code.
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15 | | Any recording or evidence derived
as the
result of this |
16 | | exemption shall be inadmissible in any proceeding, criminal,
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17 | | civil or
administrative, except (i) where a party to the |
18 | | conversation suffers great
bodily injury or is killed during |
19 | | such conversation, or
(ii)
when used as direct impeachment of a |
20 | | witness concerning matters contained in
the interception or |
21 | | recording. The Director of the
Department of
State Police shall |
22 | | issue regulations as are necessary concerning the use of
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23 | | devices, retention of tape recordings, and reports regarding |
24 | | their
use; |
25 | | (g-5) With approval of the State's Attorney of the county |
26 | | in
which it is to occur, recording or listening with the aid of |
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1 | | any device to any
conversation where a law enforcement officer, |
2 | | or any person acting at the
direction of law enforcement, is a |
3 | | party to the conversation and has consented
to it being |
4 | | intercepted or recorded in the course of an investigation of |
5 | | any
offense defined in Article 29D of this Code.
In all such |
6 | | cases, an application for an order approving
the previous or |
7 | | continuing use of an eavesdropping
device must be made within |
8 | | 48 hours of the commencement of
such use. In the absence of |
9 | | such an order, or upon its denial,
any continuing use shall |
10 | | immediately terminate.
The Director of
State Police shall issue |
11 | | rules as are necessary concerning the use of
devices, retention |
12 | | of tape recordings, and reports regarding their use. |
13 | | Any recording or evidence obtained or derived in the course |
14 | | of an
investigation of any offense defined in Article 29D of |
15 | | this Code shall, upon
motion of the State's Attorney or |
16 | | Attorney General prosecuting any violation of
Article 29D, be |
17 | | reviewed in camera with notice to all parties present by the
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18 | | court presiding over the criminal
case, and, if ruled by the |
19 | | court to be relevant and otherwise admissible,
it shall be |
20 | | admissible at the trial of the criminal
case. |
21 | | This subsection (g-5) is inoperative on and after January |
22 | | 1, 2005.
No conversations recorded or monitored pursuant to |
23 | | this subsection (g-5)
shall be inadmissible in a court of law |
24 | | by virtue of the repeal of this
subsection (g-5) on January 1, |
25 | | 2005; |
26 | | (g-6) With approval of the State's Attorney of the county |
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1 | | in which it is to occur, recording or listening with the aid of |
2 | | any device to any conversation where a law enforcement officer, |
3 | | or any person acting at the direction of law enforcement, is a |
4 | | party to the conversation and has consented to it being |
5 | | intercepted or recorded in the course of an investigation of |
6 | | involuntary servitude, involuntary sexual servitude of a |
7 | | minor, trafficking in persons for forced labor or services, |
8 | | child pornography, aggravated child pornography, indecent |
9 | | solicitation of a child, child abduction, luring of a minor, |
10 | | sexual exploitation of a child, predatory criminal sexual |
11 | | assault of a child, aggravated criminal sexual abuse in which |
12 | | the victim of the offense was at the time of the commission of |
13 | | the offense under 18 years of age, criminal sexual abuse by |
14 | | force or threat of force in which the victim of the offense was |
15 | | at the time of the commission of the offense under 18 years of |
16 | | age, or aggravated criminal sexual assault in which the victim |
17 | | of the offense was at the time of the commission of the offense |
18 | | under 18 years of age. In all such cases, an application for an |
19 | | order approving the previous or continuing use of an |
20 | | eavesdropping device must be made within 48 hours of the |
21 | | commencement of such use. In the absence of such an order, or |
22 | | upon its denial, any continuing use shall immediately |
23 | | terminate. The Director of State Police shall issue rules as |
24 | | are necessary concerning the use of devices, retention of |
25 | | recordings, and reports regarding their use.
Any recording or |
26 | | evidence obtained or derived in the course of an investigation |
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1 | | of involuntary servitude, involuntary sexual servitude of a |
2 | | minor, trafficking in persons for forced labor or services, |
3 | | child pornography, aggravated child pornography, indecent |
4 | | solicitation of a child, child abduction, luring of a minor, |
5 | | sexual exploitation of a child, predatory criminal sexual |
6 | | assault of a child, aggravated criminal sexual abuse in which |
7 | | the victim of the offense was at the time of the commission of |
8 | | the offense under 18 years of age, criminal sexual abuse by |
9 | | force or threat of force in which the victim of the offense was |
10 | | at the time of the commission of the offense under 18 years of |
11 | | age, or aggravated criminal sexual assault in which the victim |
12 | | of the offense was at the time of the commission of the offense |
13 | | under 18 years of age shall, upon motion of the State's |
14 | | Attorney or Attorney General prosecuting any case involving |
15 | | involuntary servitude, involuntary sexual servitude of a |
16 | | minor, trafficking in persons for forced labor or services, |
17 | | child pornography, aggravated child pornography, indecent |
18 | | solicitation of a child, child abduction, luring of a minor, |
19 | | sexual exploitation of a child, predatory criminal sexual |
20 | | assault of a child, aggravated criminal sexual abuse in which |
21 | | the victim of the offense was at the time of the commission of |
22 | | the offense under 18 years of age, criminal sexual abuse by |
23 | | force or threat of force in which the victim of the offense was |
24 | | at the time of the commission of the offense under 18 years of |
25 | | age, or aggravated criminal sexual assault in which the victim |
26 | | of the offense was at the time of the commission of the offense |
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1 | | under 18 years of age, be reviewed in camera with notice to all |
2 | | parties present by the court presiding over the criminal case, |
3 | | and, if ruled by the court to be relevant and otherwise |
4 | | admissible, it shall be admissible at the trial of the criminal |
5 | | case. Absent such a ruling, any such recording or evidence |
6 | | shall not be admissible at the trial of the criminal case; |
7 | | (h) Recordings made simultaneously with the use of an |
8 | | in-car video camera recording of an oral
conversation between a |
9 | | uniformed peace officer, who has identified his or her office, |
10 | | and
a person in the presence of the peace officer whenever (i) |
11 | | an officer assigned a patrol vehicle is conducting an |
12 | | enforcement stop; or (ii) patrol vehicle emergency lights are |
13 | | activated or would otherwise be activated if not for the need |
14 | | to conceal the presence of law enforcement. |
15 | | For the purposes of this subsection (h), "enforcement stop" |
16 | | means an action by a law enforcement officer in relation to |
17 | | enforcement and investigation duties, including but not |
18 | | limited to, traffic stops, pedestrian stops, abandoned vehicle |
19 | | contacts, motorist assists, commercial motor vehicle stops, |
20 | | roadside safety checks, requests for identification, or |
21 | | responses to requests for emergency assistance; |
22 | | (h-5) Recordings of utterances made by a person while in |
23 | | the presence of a uniformed peace officer and while an occupant |
24 | | of a police vehicle including, but not limited to, (i) |
25 | | recordings made simultaneously with the use of an in-car video |
26 | | camera and (ii) recordings made in the presence of the peace |
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1 | | officer utilizing video or audio systems, or both, authorized |
2 | | by the law enforcement agency; |
3 | | (h-10) Recordings made simultaneously with a video camera |
4 | | recording during
the use of a taser or similar weapon or device |
5 | | by a peace officer if the weapon or device is equipped with |
6 | | such camera; |
7 | | (h-15) Recordings made under subsection (h), (h-5), or |
8 | | (h-10) shall be retained by the law enforcement agency that |
9 | | employs the peace officer who made the recordings for a storage |
10 | | period of 90 days, unless the recordings are made as a part of |
11 | | an arrest or the recordings are deemed evidence in any |
12 | | criminal, civil, or administrative proceeding and then the |
13 | | recordings must only be destroyed upon a final disposition and |
14 | | an order from the court. Under no circumstances shall any |
15 | | recording be altered or erased prior to the expiration of the |
16 | | designated storage period. Upon completion of the storage |
17 | | period, the recording medium may be erased and reissued for |
18 | | operational use; |
19 | | (i) Recording of a conversation made by or at the request |
20 | | of a person, not a
law enforcement officer or agent of a law |
21 | | enforcement officer, who is a party
to the conversation, under |
22 | | reasonable suspicion that another party to the
conversation is |
23 | | committing, is about to commit, or has committed a criminal
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24 | | offense against the person or a member of his or her immediate |
25 | | household, and
there is reason to believe that evidence of the |
26 | | 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: |
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 |
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. |
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 |
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1 | | to any third party. |
2 | | When recording or listening authorized by this subsection |
3 | | (j) on telephone
lines used for marketing or opinion research |
4 | | or telephone solicitation purposes
results in recording or
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5 | | listening to a conversation that does not relate to marketing |
6 | | or opinion
research or telephone solicitation; the
person |
7 | | recording or listening shall, immediately upon determining |
8 | | that the
conversation does not relate to marketing or opinion |
9 | | research or telephone
solicitation, terminate the recording
or |
10 | | listening and destroy any such recording as soon as is |
11 | | practicable. |
12 | | Business entities that use a telephone monitoring or |
13 | | telephone recording
system pursuant to this exemption (j) shall |
14 | | provide current and prospective
employees with notice that the |
15 | | monitoring or recordings may occur during the
course of their |
16 | | employment. The notice shall include prominent signage
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17 | | notification within the workplace. |
18 | | Business entities that use a telephone monitoring or |
19 | | telephone recording
system pursuant to this exemption (j) shall |
20 | | provide their employees or agents
with access to personal-only |
21 | | telephone lines which may be pay telephones, that
are not |
22 | | subject to telephone monitoring or telephone recording. |
23 | | For the purposes of this subsection (j), "telephone |
24 | | solicitation" means a
communication through the use of a |
25 | | telephone by live operators: |
26 | | (i) soliciting the sale of goods or services; |
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1 | | (ii) receiving orders for the sale of goods or |
2 | | services; |
3 | | (iii) assisting in the use of goods or services; or |
4 | | (iv) engaging in the solicitation, administration, or |
5 | | collection of bank
or
retail credit accounts. |
6 | | For the purposes of this subsection (j), "marketing or |
7 | | opinion research"
means
a marketing or opinion research |
8 | | interview conducted by a live telephone
interviewer engaged by |
9 | | a corporation or other business entity whose principal
business |
10 | | is the design, conduct, and analysis of polls and surveys |
11 | | measuring
the
opinions, attitudes, and responses of |
12 | | respondents toward products and services,
or social or |
13 | | political issues, or both; |
14 | | (k) Electronic recordings, including but not limited to, a |
15 | | motion picture,
videotape, digital, or other visual or audio |
16 | | recording, made of a custodial
interrogation of an individual |
17 | | at a police station or other place of detention
by a law |
18 | | enforcement officer under Section 5-401.5 of the Juvenile Court |
19 | | Act of
1987 or Section 103-2.1 of the Code of Criminal |
20 | | Procedure of 1963; |
21 | | (l) Recording the interview or statement of any person when |
22 | | the person
knows that the interview is being conducted by a law |
23 | | enforcement officer or
prosecutor and the interview takes place |
24 | | at a police station that is currently
participating in the |
25 | | Custodial Interview Pilot Program established under the
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26 | | Illinois Criminal Justice Information Act; |
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1 | | (m) An electronic recording, including but not limited to, |
2 | | a motion picture,
videotape, digital, or other visual or audio |
3 | | recording, made of the interior of a school bus while the |
4 | | school bus is being used in the transportation of students to |
5 | | and from school and school-sponsored activities, when the |
6 | | school board has adopted a policy authorizing such recording, |
7 | | notice of such recording policy is included in student |
8 | | handbooks and other documents including the policies of the |
9 | | school, notice of the policy regarding recording is provided to |
10 | | parents of students, and notice of such recording is clearly |
11 | | posted on the door of and inside the school bus.
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12 | | Recordings made pursuant to this subsection (m) shall be |
13 | | confidential records and may only be used by school officials |
14 | | (or their designees) and law enforcement personnel for |
15 | | investigations, school disciplinary actions and hearings, |
16 | | proceedings under the Juvenile Court Act of 1987, and criminal |
17 | | prosecutions, related to incidents occurring in or around the |
18 | | school bus; |
19 | | (n)
Recording or listening to an audio transmission from a |
20 | | microphone placed by a person under the authority of a law |
21 | | enforcement agency inside a bait car surveillance vehicle while |
22 | | simultaneously capturing a photographic or video image; |
23 | | (o) The use of an eavesdropping camera or audio device |
24 | | during an ongoing hostage or barricade situation by a law |
25 | | enforcement officer or individual acting on behalf of a law |
26 | | enforcement officer when the use of such device is necessary to |
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1 | | protect the safety of the general public, hostages, or law |
2 | | enforcement officers or anyone acting on their behalf; and |
3 | | (p) Recording or listening with the aid of any device to |
4 | | incoming telephone calls of phone lines publicly listed or |
5 | | advertised as the "CPS Violence Prevention Hotline", but only |
6 | | where the notice of recording is given at the beginning of each |
7 | | call as required by Section 34-21.8 of the School Code. The |
8 | | recordings may be retained only by the Chicago Police |
9 | | Department or other law enforcement authorities, and shall not |
10 | | be otherwise retained or disseminated ; and . |
11 | | (q)(1) With prior request to and verbal approval of the |
12 | | State's Attorney of the county in which the conversation is |
13 | | anticipated to occur, recording or listening with the aid of an |
14 | | eavesdropping device to a conversation in which a law |
15 | | enforcement officer, or any person acting at the direction of a |
16 | | law enforcement officer, is a party to the conversation and has |
17 | | consented to the conversation being intercepted or recorded in |
18 | | the course of an investigation of a drug offense. The State's |
19 | | Attorney may grant this verbal approval only after determining |
20 | | that reasonable cause exists to believe that a drug offense |
21 | | will be committed by a specified individual or individuals |
22 | | within a designated period of time. |
23 | | (2) Request for approval. To invoke the exception contained |
24 | | in this subsection (q), a law enforcement officer shall make a |
25 | | written or verbal request for approval to the appropriate |
26 | | State's Attorney. This request for approval shall include |
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1 | | whatever information is deemed necessary by the State's |
2 | | Attorney but shall include, at a minimum, the following |
3 | | information about each specified individual whom the law |
4 | | enforcement officer believes will commit a drug offense: |
5 | | (A) his or her full or partial name, nickname or alias; |
6 | | (B) a physical description; or |
7 | | (C) failing either (A) or (B) of this paragraph (2), |
8 | | any other supporting information known to the law |
9 | | enforcement officer at the time of the request that gives |
10 | | rise to reasonable cause to believe the individual will |
11 | | commit a drug offense. |
12 | | (3) Limitations on verbal approval. Each verbal approval by |
13 | | the State's Attorney under this subsection (q) shall be limited |
14 | | to: |
15 | | (A) a recording or interception conducted by a |
16 | | specified law enforcement officer or person acting at the |
17 | | direction of a law enforcement officer; |
18 | | (B) recording or intercepting conversations with the |
19 | | individuals specified in the request for approval, |
20 | | provided that the verbal approval shall be deemed to |
21 | | include the recording or intercepting of conversations |
22 | | with other individuals, unknown to the law enforcement |
23 | | officer at the time of the request for approval, who are |
24 | | acting in conjunction with or as co-conspirators with the |
25 | | individuals specified in the request for approval in the |
26 | | commission of a drug offense; |
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1 | | (C) a reasonable period of time but in no event longer |
2 | | than 24 consecutive hours. |
3 | | (4) Admissibility of evidence. No part of the contents of |
4 | | any wire, electronic, or oral communication that has been |
5 | | recorded or intercepted as a result of this exception may be |
6 | | received in evidence in any trial, hearing, or other proceeding |
7 | | in or before any court, grand jury, department, officer, |
8 | | agency, regulatory body, legislative committee, or other |
9 | | authority of this State, or a political subdivision of the |
10 | | State, other than in a prosecution of: |
11 | | (A) a drug offense; |
12 | | (B) a forcible felony committed directly in the course |
13 | | of the investigation of a drug offense for which verbal |
14 | | approval was given to record or intercept a conversation |
15 | | under this subsection (q); or |
16 | | (C) any other forcible felony committed while the |
17 | | recording or interception was approved in accordance with |
18 | | this Section (q), but for this specific category of |
19 | | prosecutions, only if the law enforcement officer or person |
20 | | acting at the direction of a law enforcement officer who |
21 | | has consented to the conversation being intercepted or |
22 | | recorded suffers great bodily injury or is killed during |
23 | | the commission of the charged forcible felony. |
24 | | (5) Compliance with the provisions of this subsection is a |
25 | | prerequisite to the admissibility in evidence of any part of |
26 | | the contents of any wire, electronic or oral communication that |
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1 | | has been intercepted as a result of this exception, but nothing |
2 | | in this subsection shall be deemed to prevent a court from |
3 | | otherwise excluding the evidence on any other ground, nor shall |
4 | | anything in this subsection be deemed to prevent a court from |
5 | | independently reviewing the admissibility of the evidence for |
6 | | compliance with the Fourth Amendment to the U.S. Constitution |
7 | | or with Article I, Section 6 of the Illinois Constitution. |
8 | | (6) Use of recordings or intercepts unrelated to drug |
9 | | offenses. Whenever any wire, electronic, or oral communication |
10 | | has been recorded or intercepted as a result of this exception |
11 | | that is not related to a drug offense or a forcible felony |
12 | | committed in the course of a drug offense, no part of the |
13 | | contents of the communication and evidence derived from the |
14 | | communication may be received in evidence in any trial, |
15 | | hearing, or other proceeding in or before any court, grand |
16 | | jury, department, officer, agency, regulatory body, |
17 | | legislative committee, or other authority of this State, or a |
18 | | political subdivision of the State, nor may it be publicly |
19 | | disclosed in any way. |
20 | | (7) Definitions. For the purposes of this subsection (q) |
21 | | only: |
22 | | "Drug offense" includes and is limited to a felony |
23 | | violation of one of the following: (A) the Illinois |
24 | | Controlled Substances Act, (B) the Cannabis Control Act, |
25 | | and (C) the Methamphetamine Control and Community |
26 | | Protection Act. |
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1 | | "Forcible felony" includes and is limited to those |
2 | | offenses contained in Section 2-8 of the Criminal Code of |
3 | | 1961 as of the effective date of this amendatory Act of the |
4 | | 97th General Assembly, and only as those offenses have been |
5 | | defined by law or judicial interpretation as of that date. |
6 | | "State's Attorney" includes and is limited to the |
7 | | State's Attorney or an assistant State's Attorney |
8 | | designated by the State's Attorney to provide verbal |
9 | | approval to record or intercept conversations under this |
10 | | subsection (q). |
11 | | (8) Sunset. This subsection (q) is inoperative on and after |
12 | | January 1, 2015. No conversations intercepted pursuant to this |
13 | | subsection (q), while operative, shall be inadmissible in a |
14 | | court of law by virtue of the inoperability of this subsection |
15 | | (q) on January 1, 2015. |
16 | | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; |
17 | | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. |
18 | | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, |
19 | | eff. 8-12-11.)
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