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90_HB2239ham001
LRB9005373RCksam01
1 AMENDMENT TO HOUSE BILL 2239
2 AMENDMENT NO. . Amend House Bill 2239 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 14-3 as follows:
6 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
7 Sec. 14-3. Exemptions. The following activities shall
8 be 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
13 their employment in the operation, maintenance or repair of
14 the equipment of such common carrier by wire so long as no
15 information obtained thereby is used or divulged by the
16 hearer;
17 (c) Any broadcast by radio, television or otherwise
18 whether it be a broadcast or recorded for the purpose of
19 later broadcasts of any function where the public is in
20 attendance and the conversations are overheard incidental to
21 the main purpose for which such broadcasts are then being
22 made;
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1 (d) Recording or listening with the aid of any device to
2 any emergency communication made in the normal course of
3 operations by any federal, state or local law enforcement
4 agency or institutions dealing in emergency services,
5 including, but not limited to, hospitals, clinics, ambulance
6 services, fire fighting agencies, any public utility,
7 emergency repair facility, civilian defense establishment or
8 military installation;
9 (e) Recording the proceedings of any meeting required to
10 be open by the Open Meetings Act, as amended; and
11 (f) Recording or listening with the aid of any device to
12 incoming telephone calls of phone lines publicly listed or
13 advertised as consumer "hotlines" by manufacturers or
14 retailers of food and drug products. Such recordings must be
15 destroyed, erased or turned over to local law enforcement
16 authorities within 24 hours from the time of such recording
17 and shall not be otherwise disseminated. Failure on the part
18 of the individual or business operating any such recording or
19 listening device to comply with the requirements of this
20 subsection shall eliminate any civil or criminal immunity
21 conferred upon that individual or business by the operation
22 of this Section.
23 (g) With prior notification to the State's Attorney of
24 the county in which it is to occur, recording or listening
25 with the aid of any device to any conversation where a law
26 enforcement officer, or any person acting at the direction of
27 law enforcement, is a party to the conversation and has
28 consented to it being intercepted or recorded under
29 circumstances where the use of the device is necessary for
30 the protection of the law enforcement officer or any person
31 acting at the direction of law enforcement, in the course of
32 an investigation of a forcible felony, a felony violation of
33 the Illinois Controlled Substances Act, a felony violation of
34 the Cannabis Control Act, or any "streetgang related" or
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1 "gang-related" felony as those terms are defined in the
2 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
3 recording or evidence derived as the result of this exemption
4 shall be inadmissible in any proceeding, criminal, civil or
5 administrative, except (i) where a party to the conversation
6 suffers great bodily injury or is killed during such
7 conversation, or (ii) when used as direct impeachment of a
8 witness concerning matters contained in the interception or
9 recording. The Director of the Department of State Police
10 shall issue regulations as are necessary concerning the use
11 of devices, retention of tape recordings, and reports
12 regarding their use.
13 (h) Recordings made simultaneously with a video
14 recording of an oral conversation between a peace officer,
15 who has identified his or her office, and a person stopped
16 for an investigation of an offense under the Illinois Vehicle
17 Code.
18 (i) Recording of a conversation made by or at the
19 request of a person, not a law enforcement officer or agent
20 of a law enforcement officer, who is a party to the
21 conversation, under reasonable suspicion that another party
22 to the conversation is committing, is about to commit, or has
23 committed a criminal offense against the person or a member
24 of his or her immediate household, and there is reason to
25 believe that evidence of the criminal offense may be obtained
26 by the recording.
27 (j) The use of a telephone monitoring device by either
28 (1) a corporation or other business entity engaged in
29 marketing or opinion research or (2) a corporation or other
30 business entity engaged in telephone solicitation, as defined
31 in this subsection, to record or listen to oral telephone
32 solicitation conversations or marketing or opinion research
33 conversations by an employee of the corporation or other
34 business entity when:
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1 (i) the monitoring is used for the purpose of
2 service quality control of marketing or opinion research
3 or telephone solicitation, the education or training of
4 employees or contractors engaged in marketing or opinion
5 research or telephone solicitation, or internal research
6 related to marketing or opinion research or telephone
7 solicitation; and
8 (ii) the monitoring is used with the consent of at
9 least one person who is an active party to the marketing
10 or opinion research conversation or telephone
11 solicitation conversation being monitored.
12 No communication or conversation or any part, portion, or
13 aspect of the communication or conversation made, acquired,
14 or obtained, directly or indirectly, under this exemption
15 (j), may be, directly or indirectly, furnished to any law
16 enforcement officer, agency, or official for any purpose or
17 used in any inquiry or investigation, or used, directly or
18 indirectly, in any administrative, judicial, or other
19 proceeding, or divulged to any third party.
20 When recording or listening authorized by this subsection
21 (j) on telephone lines used for marketing or opinion research
22 or telephone solicitation purposes results in recording or
23 listening to a conversation that does not relate to marketing
24 or opinion research or telephone solicitation; the person
25 recording or listening shall, immediately upon determining
26 that the conversation does not relate to marketing or opinion
27 research or telephone solicitation, terminate the recording
28 or listening and destroy any such recording as soon as is
29 practicable.
30 Business entities that use a telephone monitoring or
31 telephone recording system pursuant to this exemption (j)
32 shall provide current and prospective employees with notice
33 that the monitoring or recordings may occur during the course
34 of their employment. The notice shall include prominent
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1 signage notification within the workplace.
2 Business entities that use a telephone monitoring or
3 telephone recording system pursuant to this exemption (j)
4 shall provide their employees or agents with access to
5 personal-only telephone lines which may be pay telephones,
6 that are not subject to telephone monitoring or telephone
7 recording.
8 For the purposes of this subsection (j), "telephone
9 solicitation" means a communication through the use of a
10 telephone by live operators:
11 (i) soliciting the sale of goods or services;
12 (ii) receiving orders for the sale of goods or
13 services;
14 (iii) assisting in the use of goods or services; or
15 (iv) engaging in the solicitation, administration,
16 or collection of bank or retail credit accounts.
17 For the purposes of this subsection (j), "marketing or
18 opinion research" means a marketing or opinion research
19 interview conducted by a live telephone interviewer engaged
20 by a corporation or other business entity whose principal
21 business is the design, conduct, and analysis of polls and
22 surveys measuring the opinions, attitudes, and responses of
23 respondents toward products and services, or social or
24 political issues, or both.
25 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
26 89-452, eff. 5-17-96.)".