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.