Illinois General Assembly - Bill Status for HB0039
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 Bill Status of HB0039  95th General Assembly

Short Description:  CRIM CD-EAVESDROPPING EXEMPT

House Sponsors
Rep. Brent Hassert - Tom Cross - Carolyn H. Krause - Sandra M. Pihos - Dennis M. Reboletti, Jim Watson, Robert W. Pritchard, Joe Dunn, Paul D. Froehlich, Harry R. Ramey, Jr., JoAnn D. Osmond, Dave Winters, Renée Kosel, Ron Stephens, Jerry L. Mitchell, Aaron Schock, Elizabeth Coulson, Michael P. McAuliffe, Raymond Poe, David R. Leitch, Jil Tracy, Patricia Reid Lindner, Ruth Munson, Franco Coladipietro, Mike Fortner, Ed Sullivan, Jr., Dan Brady, Sandy Cole, Fred Crespo, Patricia R. Bellock and Susana A Mendoza

Senate Sponsors
(Sen. A. J. Wilhelmi)

Last Action
DateChamber Action
  8/27/2007HousePublic Act . . . . . . . . . 95-0463

Statutes Amended In Order of Appearance
720 ILCS 5/14-3from Ch. 38, par. 14-3


Synopsis As Introduced
Amends the Criminal Code of 1961. Includes, in the activities that are exempt from the Eavesdropping Article of the Code, intercepting, recording, or listening to, with the approval of the State's Attorney, a conversation or electronic communication where a law enforcement officer, or a person acting at the direction of law enforcement, is a party to the conversation or electronic communication and has consented to it being intercepted or recorded in the course of an investigation of child pornography.

Senate Committee Amendment No. 1
Replaces the substance of the bill. Amends the Criminal Code of 1961 relating to exemptions from eavesdropping violations. Exempts from an eavesdropping violation, 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. Provides that 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. Provides that in the absence of such an order, or upon its denial, any continuing use shall immediately terminate. Provides that the Director of State Police shall issue rules as are necessary concerning the use of devices, retention of recordings, and reports regarding their use. Provides that any recording or evidence obtained or derived in the course of an investigation of child pornography shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving child pornography, 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. Provides that absent such a ruling, any such recording or evidence shall not be admissible at the trial of the criminal case.

Actions 
DateChamber Action
  12/5/2006HousePrefiled with Clerk by Rep. Tom Cross
  12/5/2006HouseAdded Chief Co-Sponsor Rep. Brent Hassert
  12/5/2006HouseAdded Chief Co-Sponsor Rep. Carolyn H. Krause
  12/5/2006HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  12/5/2006HouseAdded Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  12/5/2006HouseAdded Co-Sponsor Rep. Jim Watson
  12/5/2006HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  12/5/2006HouseAdded Co-Sponsor Rep. Joe Dunn
  12/5/2006HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  12/5/2006HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  12/5/2006HouseAdded Co-Sponsor Rep. Harry R. Ramey, Jr.
  12/5/2006HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  12/5/2006HouseAdded Co-Sponsor Rep. Dave Winters
  12/5/2006HouseAdded Co-Sponsor Rep. Renée Kosel
  12/5/2006HouseAdded Co-Sponsor Rep. Ron Stephens
  12/5/2006HouseAdded Co-Sponsor Rep. Jerry L. Mitchell
  12/5/2006HouseAdded Co-Sponsor Rep. Aaron Schock
  12/5/2006HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  12/5/2006HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  12/5/2006HouseAdded Co-Sponsor Rep. Raymond Poe
  12/5/2006HouseAdded Co-Sponsor Rep. David R. Leitch
  12/5/2006HouseAdded Co-Sponsor Rep. Jil Tracy
  12/5/2006HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/25/2007HouseAdded Co-Sponsor Rep. Ruth Munson
  1/25/2007HouseAdded Co-Sponsor Rep. Franco Coladipietro
  1/25/2007HouseAdded Co-Sponsor Rep. Sandy Cole
  1/25/2007HouseAdded Co-Sponsor Rep. Mike Fortner
  1/25/2007HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  1/31/2007HouseRemove Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  1/31/2007HouseAdded Chief Co-Sponsor Rep. Sandra M. Pihos
  1/31/2007HouseRemoved Co-Sponsor Rep. Sandra M. Pihos
  1/31/2007HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  1/31/2007HouseAssigned to Judiciary II - Criminal Law Committee
  2/1/2007HouseAdded Co-Sponsor Rep. Dan Brady
  2/13/2007HouseRemoved Co-Sponsor Rep. Sandy Cole
  2/14/2007HouseAdded Co-Sponsor Rep. Sandy Cole
  3/1/2007HouseAdded Co-Sponsor Rep. Fred Crespo
  3/22/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-003-001
  3/22/2007HousePlaced on Calendar 2nd Reading - Short Debate
  4/11/2007HouseChief Sponsor Changed to Rep. Brent Hassert
  4/11/2007HouseRemove Chief Co-Sponsor Rep. Brent Hassert
  4/11/2007HouseAdded Chief Co-Sponsor Rep. Tom Cross
  4/19/2007HouseSecond Reading - Short Debate
  4/19/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/20/2007HouseRemove Chief Co-Sponsor Rep. Patricia R. Bellock
  4/20/2007HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  4/20/2007HouseRemoved Co-Sponsor Rep. Dennis M. Reboletti
  4/20/2007HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  4/20/2007HouseThird Reading - Short Debate - Passed 071-034-007
  4/20/2007SenateArrive in Senate
  4/20/2007SenatePlaced on Calendar Order of First Reading
  4/20/2007SenateChief Senate Sponsor Sen. A. J. Wilhelmi
  4/20/2007SenateFirst Reading
  4/20/2007SenateReferred to Rules
  4/25/2007SenateAssigned to Judiciary Criminal Law
  5/2/2007SenatePostponed - Judiciary Criminal Law
  5/9/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  5/9/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  5/9/2007SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law
  5/15/2007SenateSenate Committee Amendment No. 1 Adopted
  5/15/2007SenateDo Pass as Amended Judiciary Criminal Law; 006-000-000
  5/15/2007SenatePlaced on Calendar Order of 2nd Reading May 16, 2007
  5/16/2007SenateSecond Reading
  5/16/2007SenatePlaced on Calendar Order of 3rd Reading May 17, 2007
  5/22/2007SenateThird Reading - Passed; 053-000-000
  5/22/2007HouseArrived in House
  5/22/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/23/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  5/25/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Brent Hassert
  5/25/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/1/2007HouseSenate Committee Amendment No. 1 House Concurs 109-000-000
  6/1/2007HousePassed Both Houses
  6/29/2007HouseSent to the Governor
  8/27/2007HouseGovernor Approved
  8/27/2007HouseEffective Date June 1, 2008
  8/27/2007HousePublic Act . . . . . . . . . 95-0463

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