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Public Act 096-0547
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| HB1348 Enrolled |
LRB096 09721 RLC 19884 b |
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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)
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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 |
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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 |
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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 |
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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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(g-6) 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, aggravated child pornography, indecent |
solicitation of a child, child abduction, luring of a minor, |
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sexual exploitation of a child, predatory criminal sexual |
assault of a child, aggravated criminal sexual abuse in which |
the victim of the offense was at the time of the commission of |
the offense under 18 years of age, criminal sexual abuse by |
force or threat of force in which the victim of the offense was |
at the time of the commission of the offense under 18 years of |
age, or aggravated criminal sexual assault in which the victim |
of the offense was at the time of the commission of the offense |
under 18 years of age. 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 |
recordings, and reports regarding their use.
Any recording or |
evidence obtained or derived in the course of an investigation |
of child pornography, aggravated child pornography, indecent |
solicitation of a child, child abduction, luring of a minor, |
sexual exploitation of a child, predatory criminal sexual |
assault of a child, aggravated criminal sexual abuse in which |
the victim of the offense was at the time of the commission of |
the offense under 18 years of age, criminal sexual abuse by |
force or threat of force in which the victim of the offense was |
at the time of the commission of the offense under 18 years of |
age, or aggravated criminal sexual assault in which the victim |
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of the offense was at the time of the commission of the offense |
under 18 years of age shall, upon motion of the State's |
Attorney or Attorney General prosecuting any case involving |
child pornography, aggravated child pornography, indecent |
solicitation of a child, child abduction, luring of a minor, |
sexual exploitation of a child, predatory criminal sexual |
assault of a child, aggravated criminal sexual abuse in which |
the victim of the offense was at the time of the commission of |
the offense under 18 years of age, criminal sexual abuse by |
force or threat of force in which the victim of the offense was |
at the time of the commission of the offense under 18 years of |
age, or aggravated criminal sexual assault in which the victim |
of the offense was at the time of the commission of the offense |
under 18 years of age, 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. Absent such a ruling, any such recording or evidence |
shall not be admissible at the trial of the criminal case; |
(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 |
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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 |
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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 |
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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; |
(l) Recording the interview or statement of any person when |
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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;
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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; and |
(n)
Recording or listening to an audio transmission from a |
microphone placed by a person under the authority of a law |
enforcement agency inside a bait car surveillance vehicle while |