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90_HB2075
720 ILCS 5/14-3 from Ch. 38, par. 14-3
Amends the Criminal Code of 1961. Includes in the
exemption from an eavesdropping violation, the use of a
telephone monitoring device by a corporation or other
business entity that has contracted for telephone
solicitation by another corporation or business entity to
record or listen to the conversation by an employee of the
corporation or business entity conducting the telephone
solicitation or marketing or opinion research. Effective
immediately.
LRB9005373RCmg
LRB9005373RCmg
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 14-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 14-3 as follows:
7 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
8 Sec. 14-3. Exemptions. The following activities shall
9 be exempt from the provisions of this Article:
10 (a) Listening to radio, wireless and television
11 communications of any sort where the same are publicly made;
12 (b) Hearing conversation when heard by employees of any
13 common carrier by wire incidental to the normal course of
14 their employment in the operation, maintenance or repair of
15 the equipment of such common carrier by wire so long as no
16 information obtained thereby is used or divulged by the
17 hearer;
18 (c) Any broadcast by radio, television or otherwise
19 whether it be a broadcast or recorded for the purpose of
20 later broadcasts of any function where the public is in
21 attendance and the conversations are overheard incidental to
22 the main purpose for which such broadcasts are then being
23 made;
24 (d) Recording or listening with the aid of any device to
25 any emergency communication made in the normal course of
26 operations by any federal, state or local law enforcement
27 agency or institutions dealing in emergency services,
28 including, but not limited to, hospitals, clinics, ambulance
29 services, fire fighting agencies, any public utility,
30 emergency repair facility, civilian defense establishment or
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1 military installation;
2 (e) Recording the proceedings of any meeting required to
3 be open by the Open Meetings Act, as amended; and
4 (f) Recording or listening with the aid of any device to
5 incoming telephone calls of phone lines publicly listed or
6 advertised as consumer "hotlines" by manufacturers or
7 retailers of food and drug products. Such recordings must be
8 destroyed, erased or turned over to local law enforcement
9 authorities within 24 hours from the time of such recording
10 and shall not be otherwise disseminated. Failure on the part
11 of the individual or business operating any such recording or
12 listening device to comply with the requirements of this
13 subsection shall eliminate any civil or criminal immunity
14 conferred upon that individual or business by the operation
15 of this Section.
16 (g) With prior notification to the State's Attorney of
17 the county in which it is to occur, recording or listening
18 with the aid of any device to any conversation where a law
19 enforcement officer, or any person acting at the direction of
20 law enforcement, is a party to the conversation and has
21 consented to it being intercepted or recorded under
22 circumstances where the use of the device is necessary for
23 the protection of the law enforcement officer or any person
24 acting at the direction of law enforcement, in the course of
25 an investigation of a forcible felony, a felony violation of
26 the Illinois Controlled Substances Act, a felony violation of
27 the Cannabis Control Act, or any "streetgang related" or
28 "gang-related" felony as those terms are defined in the
29 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
30 recording or evidence derived as the result of this exemption
31 shall be inadmissible in any proceeding, criminal, civil or
32 administrative, except (i) where a party to the conversation
33 suffers great bodily injury or is killed during such
34 conversation, or (ii) when used as direct impeachment of a
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1 witness concerning matters contained in the interception or
2 recording. The Director of the Department of State Police
3 shall issue regulations as are necessary concerning the use
4 of devices, retention of tape recordings, and reports
5 regarding their use.
6 (h) Recordings made simultaneously with a video
7 recording of an oral conversation between a peace officer,
8 who has identified his or her office, and a person stopped
9 for an investigation of an offense under the Illinois Vehicle
10 Code.
11 (i) Recording of a conversation made by or at the
12 request of a person, not a law enforcement officer or agent
13 of a law enforcement officer, who is a party to the
14 conversation, under reasonable suspicion that another party
15 to the conversation is committing, is about to commit, or has
16 committed a criminal offense against the person or a member
17 of his or her immediate household, and there is reason to
18 believe that evidence of the criminal offense may be obtained
19 by the recording.
20 (j) The use of a telephone monitoring device by either
21 (1) a corporation or other business entity engaged in
22 marketing or opinion research, or (2) a corporation or other
23 business entity engaged in telephone solicitation, or (3) a
24 corporation or other business entity that has contracted for
25 telephone solicitation by another corporation or business
26 entity as defined in this subsection, to record or listen to
27 oral telephone solicitation conversations or marketing or
28 opinion research conversations by an employee of the
29 corporation or other business entity conducting the telephone
30 solicitation or marketing or opinion research when:
31 (i) the monitoring is used for the purpose of
32 service quality control of marketing or opinion research
33 or telephone solicitation, the education or training of
34 employees or contractors engaged in marketing or opinion
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1 research or telephone solicitation, or internal research
2 related to marketing or opinion research or telephone
3 solicitation; and
4 (ii) the monitoring is used with the consent of at
5 least one person who is an active party to the marketing
6 or opinion research conversation or telephone
7 solicitation conversation being monitored.
8 No communication or conversation or any part, portion, or
9 aspect of the communication or conversation made, acquired,
10 or obtained, directly or indirectly, under this exemption
11 (j), may be, directly or indirectly, furnished to any law
12 enforcement officer, agency, or official for any purpose or
13 used in any inquiry or investigation, or used, directly or
14 indirectly, in any administrative, judicial, or other
15 proceeding, or divulged to any third party.
16 When recording or listening authorized by this subsection
17 (j) on telephone lines used for marketing or opinion research
18 or telephone solicitation purposes results in recording or
19 listening to a conversation that does not relate to marketing
20 or opinion research or telephone solicitation; the person
21 recording or listening shall, immediately upon determining
22 that the conversation does not relate to marketing or opinion
23 research or telephone solicitation, terminate the recording
24 or listening and destroy any such recording as soon as is
25 practicable.
26 Business entities that use a telephone monitoring or
27 telephone recording system pursuant to this exemption (j)
28 shall provide current and prospective employees with notice
29 that the monitoring or recordings may occur during the course
30 of their employment. The notice shall include prominent
31 signage notification within the workplace.
32 Business entities that use a telephone monitoring or
33 telephone recording system pursuant to this exemption (j)
34 shall provide their employees or agents with access to
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1 personal-only telephone lines which may be pay telephones,
2 that are not subject to telephone monitoring or telephone
3 recording.
4 For the purposes of this subsection (j), "telephone
5 solicitation" means a communication through the use of a
6 telephone by live operators:
7 (i) soliciting the sale of goods or services;
8 (ii) receiving orders for the sale of goods or
9 services;
10 (iii) assisting in the use of goods or services; or
11 (iv) engaging in the solicitation, administration,
12 or collection of bank or retail credit accounts.
13 For the purposes of this subsection (j), "marketing or
14 opinion research" means a marketing or opinion research
15 interview conducted by a live telephone interviewer engaged
16 by a corporation or other business entity whose principal
17 business is the design, conduct, and analysis of polls and
18 surveys measuring the opinions, attitudes, and responses of
19 respondents toward products and services, or social or
20 political issues, or both.
21 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
22 89-452, eff. 5-17-96.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.