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| Public Act 095-0352 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 14-3 as follows:
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(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
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Sec. 14-3. Exemptions. The following activities shall be
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exempt from the provisions of this Article:
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(a) Listening to radio, wireless and television | ||||
communications of
any sort where the same are publicly made;
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(b) Hearing conversation when heard by employees of any | ||||
common
carrier by wire incidental to the normal course of their | ||||
employment in
the operation, maintenance or repair of the | ||||
equipment of such common
carrier by wire so long as no | ||||
information obtained thereby is used or
divulged by the hearer;
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(c) Any broadcast by radio, television or otherwise whether | ||||
it be a
broadcast or recorded for the purpose of later | ||||
broadcasts of any
function where the public is in attendance | ||||
and the conversations are
overheard incidental to the main | ||||
purpose for which such broadcasts are
then being made;
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(d) Recording or listening with the aid of any device to | ||||
any
emergency communication made in the normal course of | ||||
operations by any
federal, state or local law enforcement | ||||
agency or institutions dealing
in emergency services, | ||
including, but not limited to, hospitals,
clinics, ambulance | ||
services, fire fighting agencies, any public utility,
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emergency repair facility, civilian defense establishment or | ||
military
installation;
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(e) Recording the proceedings of any meeting required to be | ||
open by
the Open Meetings Act, as amended;
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(f) Recording or listening with the aid of any device to | ||
incoming
telephone calls of phone lines publicly listed or | ||
advertised as consumer
"hotlines" by manufacturers or | ||
retailers of food and drug products. Such
recordings must be | ||
destroyed, erased or turned over to local law
enforcement | ||
authorities within 24 hours from the time of such recording and
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shall not be otherwise disseminated. Failure on the part of the | ||
individual
or business operating any such recording or | ||
listening device to comply with
the requirements of this | ||
subsection shall eliminate any civil or criminal
immunity | ||
conferred upon that individual or business by the operation of
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this Section;
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(g) With prior notification to the State's Attorney of the
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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
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enforcement, is a party to the conversation and has consented | ||
to it being
intercepted or recorded under circumstances where | ||
the use of the device is
necessary for the protection of the | ||
law enforcement officer or any person
acting at the direction | ||
of law enforcement, in the course of an
investigation
of a | ||
forcible felony, a felony violation of the Illinois Controlled | ||
Substances
Act, a felony violation of the Cannabis Control Act, | ||
a felony violation of the Methamphetamine Control and Community | ||
Protection Act, or any "streetgang
related" or "gang-related" | ||
felony as those terms are defined in the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
Any recording or evidence | ||
derived
as the
result of this exemption shall be inadmissible | ||
in any proceeding, criminal,
civil or
administrative, except | ||
(i) where a party to the conversation suffers great
bodily | ||
injury or is killed during such conversation, or
(ii)
when used | ||
as direct impeachment of a witness concerning matters contained | ||
in
the interception or recording. The Director of the
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Department of
State Police shall issue regulations as are | ||
necessary concerning the use of
devices, retention of tape | ||
recordings, and reports regarding their
use;
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(g-5) 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 | ||
any
offense defined in Article 29D of this Code.
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. In the absence of | ||
such an order, or upon its denial,
any continuing use shall | ||
immediately terminate.
The Director of
State Police shall issue | ||
rules as are necessary concerning the use of
devices, retention | ||
of tape recordings, and reports regarding their use.
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Any recording or evidence obtained or derived in the course | ||
of an
investigation of any offense defined in Article 29D of | ||
this Code shall, upon
motion of the State's Attorney or | ||
Attorney General prosecuting any violation of
Article 29D, be | ||
reviewed in camera with notice to all parties present by the
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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.
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This subsection (g-5) is inoperative on and after January | ||
1, 2005.
No conversations recorded or monitored pursuant to | ||
this subsection (g-5)
shall be inadmissible in a court of law | ||
by virtue of the repeal of this
subsection (g-5) on January 1, | ||
2005;
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(h) Recordings made simultaneously with a video recording | ||
of an oral
conversation between a peace officer, who has | ||
identified his or her office, and
a person stopped for an | ||
investigation of an offense under the Illinois Vehicle
Code;
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(i) Recording of a conversation made by or at the request | ||
of a person, not a
law enforcement officer or agent of a law | ||
enforcement officer, who is a party
to the conversation, under | ||
reasonable suspicion that another party to the
conversation is | ||
committing, is about to commit, or has committed a criminal
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offense against the person or a member of his or her immediate | ||
household, and
there is reason to believe that evidence of the | ||
criminal offense may be
obtained by the recording;
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(j) The use of a telephone monitoring device by either (1) | ||
a
corporation or other business entity engaged in marketing or | ||
opinion research
or (2) a corporation or other business entity | ||
engaged in telephone
solicitation, as
defined in this | ||
subsection, to record or listen to oral telephone solicitation
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conversations or marketing or opinion research conversations | ||
by an employee of
the corporation or other business entity | ||
when:
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(i) the monitoring is used for the purpose of service | ||
quality control of
marketing or opinion research or | ||
telephone solicitation, the education or
training of | ||
employees or contractors
engaged in marketing or opinion | ||
research or telephone solicitation, or internal
research | ||
related to marketing or
opinion research or telephone
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solicitation; and
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(ii) the monitoring is used with the consent of at | ||
least one person who
is an active party to the marketing or | ||
opinion research conversation or
telephone solicitation | ||
conversation being
monitored.
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No communication or conversation or any part, portion, or | ||
aspect of the
communication or conversation made, acquired, or | ||
obtained, directly or
indirectly,
under this exemption (j), may | ||
be, directly or indirectly, furnished to any law
enforcement | ||
officer, agency, or official for any purpose or used in any | ||
inquiry
or investigation, or used, directly or indirectly, in | ||
any administrative,
judicial, or other proceeding, or divulged | ||
to any third party.
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When recording or listening authorized by this subsection | ||
(j) on telephone
lines used for marketing or opinion research | ||
or telephone solicitation purposes
results in recording or
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listening to a conversation that does not relate to marketing | ||
or opinion
research or telephone solicitation; the
person | ||
recording or listening shall, immediately upon determining | ||
that the
conversation does not relate to marketing or opinion | ||
research or telephone
solicitation, terminate the recording
or | ||
listening and destroy any such recording as soon as is | ||
practicable.
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Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide current and prospective
employees with notice that the | ||
monitoring or recordings may occur during the
course of their | ||
employment. The notice shall include prominent signage
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notification within the workplace.
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Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide their employees or agents
with access to personal-only | ||
telephone lines which may be pay telephones, that
are not | ||
subject to telephone monitoring or telephone recording.
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For the purposes of this subsection (j), "telephone | ||
solicitation" means a
communication through the use of a | ||
telephone by live operators:
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(i) soliciting the sale of goods or services;
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(ii) receiving orders for the sale of goods or | ||
services;
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(iii) assisting in the use of goods or services; or
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(iv) engaging in the solicitation, administration, or | ||
collection of bank
or
retail credit accounts.
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For the purposes of this subsection (j), "marketing or | ||
opinion research"
means
a marketing or opinion research | ||
interview conducted by a live telephone
interviewer engaged by | ||
a corporation or other business entity whose principal
business | ||
is the design, conduct, and analysis of polls and surveys | ||
measuring
the
opinions, attitudes, and responses of | ||
respondents toward products and services,
or social or | ||
political issues, or both;
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(k) Electronic recordings, including but not limited to, a | ||
motion picture,
videotape, digital, or other visual or audio | ||
recording, made of a custodial
interrogation of an individual | ||
at a police station or other place of detention
by a law | ||
enforcement officer under Section 5-401.5 of the Juvenile Court | ||
Act of
1987 or Section 103-2.1 of the Code of Criminal | ||
Procedure of 1963; and | ||
(l) Recording the interview or statement of any person when | ||
the person
knows that the interview is being conducted by a law | ||
enforcement officer or
prosecutor and the interview takes place | ||
at a police station that is currently
participating in the | ||
Custodial Interview Pilot Program established under the
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Illinois Criminal Justice Information Act; and
.
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(m) An electronic recording, including but not limited to, | ||
a motion picture,
videotape, digital, or other visual or audio | ||
recording, made of the interior of a school bus while the | ||
school bus is being used in the transportation of students to | ||
and from school and school-sponsored activities, when the | ||
school board has adopted a policy authorizing such recording, | ||
notice of such recording policy is included in student | ||
handbooks and other documents including the policies of the | ||
school, notice of the policy regarding recording is provided to | ||
parents of students, and notice of such recording is clearly | ||
posted on the door of and inside the school bus.
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Recordings made pursuant to this subsection (m) shall be | ||
confidential records and may only be used by school officials | ||
(or their designees) and law enforcement personnel for | ||
investigations, school disciplinary actions and hearings, | ||
proceedings under the Juvenile Court Act of 1987, and criminal | ||
prosecutions, related to incidents occurring in or around the | ||
school bus. | ||
(Source: P.A. 93-206, eff. 7-18-03; 93-517, eff. 8-6-03; | ||
93-605, eff. 11-19-03; 94-556, eff. 9-11-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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