|
| Public Act 102-0918
|
| HB3893 Enrolled | LRB102 14883 KMF 20236 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Criminal Code of 2012 is amended by |
changing Sections 14-3 and 33G-9 as follows:
|
(720 ILCS 5/14-3) |
Sec. 14-3. Exemptions. The following activities shall be
|
exempt from the provisions of this Article: |
(a) Listening to radio, wireless electronic |
communications, and television communications of
any sort |
where the same are publicly made; |
(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; |
(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; |
|
(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,
emergency repair facility, civilian |
defense establishment or military
installation; |
(e) Recording the proceedings of any meeting required |
to be open by
the Open Meetings Act, as amended; |
(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
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
this Section; |
(g) With prior notification to 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 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 |
offense of involuntary servitude, involuntary sexual |
servitude of a minor, or trafficking in persons under |
Section 10-9 of this Code, an offense involving |
prostitution, solicitation of a sexual act, or pandering, |
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, any "streetgang
related" or |
"gang-related" felony as those terms are defined in the |
Illinois
Streetgang Terrorism Omnibus Prevention Act, or |
any felony offense involving any weapon listed in |
paragraphs (1) through (11) of subsection (a) of Section |
24-1 of this Code.
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 Illinois State Police shall issue regulations as |
|
are necessary concerning the use of
devices, retention of |
tape recordings, and reports regarding their
use; |
(g-5) (Blank); |
(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, luring of a minor, sexual exploitation 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, or 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. 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 the Illinois 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, luring of a minor, sexual exploitation 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, or 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 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, luring of a minor, sexual |
exploitation 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, or |
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 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 the use of an |
in-car video camera recording of an oral
conversation |
|
between a uniformed peace officer, who has identified his |
or her office, and
a person in the presence of the peace |
officer whenever (i) an officer assigned a patrol vehicle |
is conducting an enforcement stop; or (ii) patrol vehicle |
emergency lights are activated or would otherwise be |
activated if not for the need to conceal the presence of |
law enforcement. |
For the purposes of this subsection (h), "enforcement |
stop" means an action by a law enforcement officer in |
relation to enforcement and investigation duties, |
including but not limited to, traffic stops, pedestrian |
stops, abandoned vehicle contacts, motorist assists, |
commercial motor vehicle stops, roadside safety checks, |
requests for identification, or responses to requests for |
emergency assistance; |
(h-5) Recordings of utterances made by a person while |
in the presence of a uniformed peace officer and while an |
occupant of a police vehicle including, but not limited |
to, (i) recordings made simultaneously with the use of an |
in-car video camera and (ii) recordings made in the |
presence of the peace officer utilizing video or audio |
systems, or both, authorized by the law enforcement |
agency; |
(h-10) Recordings made simultaneously with a video |
camera recording during
the use of a taser or similar |
weapon or device by a peace officer if the weapon or device |
|
is equipped with such camera; |
(h-15) Recordings made under subsection (h), (h-5), or |
(h-10) shall be retained by the law enforcement agency |
that employs the peace officer who made the recordings for |
a storage period of 90 days, unless the recordings are |
made as a part of an arrest or the recordings are deemed |
evidence in any criminal, civil, or administrative |
proceeding and then the recordings must only be destroyed |
upon a final disposition and an order from the court. |
Under no circumstances shall any recording be altered or |
erased prior to the expiration of the designated storage |
period. Upon completion of the storage period, the |
recording medium may be erased and reissued for |
operational use; |
(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
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; |
(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
conversations or marketing or |
opinion research conversations by an employee of
the |
corporation or other business entity when: |
(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
|
solicitation; and |
(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. |
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. |
|
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
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. |
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
notification within the workplace. |
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. |
For the purposes of this subsection (j), "telephone |
solicitation" means a
communication through the use of a |
telephone by live operators: |
|
(i) soliciting the sale of goods or services; |
(ii) receiving orders for the sale of goods or |
services; |
(iii) assisting in the use of goods or services; |
or |
(iv) engaging in the solicitation, administration, |
or collection of bank
or
retail credit accounts. |
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; |
(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 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
Illinois Criminal Justice |
Information Act; |
(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.
|
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; |
(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 simultaneously capturing a photographic or |
|
video image; |
(o) The use of an eavesdropping camera or audio device |
during an ongoing hostage or barricade situation by a law |
enforcement officer or individual acting on behalf of a |
law enforcement officer when the use of such device is |
necessary to protect the safety of the general public, |
hostages, or law enforcement officers or anyone acting on |
their behalf; |
(p) Recording or listening with the aid of any device |
to incoming telephone calls of phone lines publicly listed |
or advertised as the "CPS Violence Prevention Hotline", |
but only where the notice of recording is given at the |
beginning of each call as required by Section 34-21.8 of |
the School Code. The recordings may be retained only by |
the Chicago Police Department or other law enforcement |
authorities, and shall not be otherwise retained or |
disseminated; |
(q)(1) With prior request to and written or verbal |
approval of the State's Attorney of the county in which |
the conversation is anticipated to occur, recording or |
listening with the aid of an eavesdropping device to a |
conversation in which a law enforcement officer, or any |
person acting at the direction of a law enforcement |
officer, is a party to the conversation and has consented |
to the conversation being intercepted or recorded in the |
course of an investigation of a qualified offense. The |
|
State's Attorney may grant this approval only after |
determining that reasonable cause exists to believe that |
inculpatory conversations concerning a qualified offense |
will occur with a specified individual or individuals |
within a designated period of time. |
(2) Request for approval. To invoke the exception |
contained in this subsection (q), a law enforcement |
officer shall make a request for approval to the |
appropriate State's Attorney. The request may be written |
or verbal; however, a written memorialization of the |
request must be made by the State's Attorney. This request |
for approval shall include whatever information is deemed |
necessary by the State's Attorney but shall include, at a |
minimum, the following information about each specified |
individual whom the law enforcement officer believes will |
commit a qualified offense: |
(A) his or her full or partial name, nickname or |
alias; |
(B) a physical description; or |
(C) failing either (A) or (B) of this paragraph |
(2), any other supporting information known to the law |
enforcement officer at the time of the request that |
gives rise to reasonable cause to believe that the |
specified individual will participate in an |
inculpatory conversation concerning a qualified |
offense. |
|
(3) Limitations on approval. Each written approval by |
the State's Attorney under this subsection (q) shall be |
limited to: |
(A) a recording or interception conducted by a |
specified law enforcement officer or person acting at |
the direction of a law enforcement officer; |
(B) recording or intercepting conversations with |
the individuals specified in the request for approval, |
provided that the verbal approval shall be deemed to |
include the recording or intercepting of conversations |
with other individuals, unknown to the law enforcement |
officer at the time of the request for approval, who |
are acting in conjunction with or as co-conspirators |
with the individuals specified in the request for |
approval in the commission of a qualified offense; |
(C) a reasonable period of time but in no event |
longer than 24 consecutive hours; |
(D) the written request for approval, if |
applicable, or the written memorialization must be |
filed, along with the written approval, with the |
circuit clerk of the jurisdiction on the next business |
day following the expiration of the authorized period |
of time, and shall be subject to review by the Chief |
Judge or his or her designee as deemed appropriate by |
the court. |
(3.5) The written memorialization of the request for |
|
approval and the written approval by the State's Attorney |
may be in any format, including via facsimile, email, or |
otherwise, so long as it is capable of being filed with the |
circuit clerk. |
(3.10) Beginning March 1, 2015, each State's Attorney |
shall annually submit a report to the General Assembly |
disclosing: |
(A) the number of requests for each qualified |
offense for approval under this subsection; and |
(B) the number of approvals for each qualified |
offense given by the State's Attorney. |
(4) Admissibility of evidence. No part of the contents |
of any wire, electronic, or oral communication that has |
been recorded or intercepted as a result of this exception |
may be received in evidence in any trial, hearing, or |
other proceeding in or before any court, grand jury, |
department, officer, agency, regulatory body, legislative |
committee, or other authority of this State, or a |
political subdivision of the State, other than in a |
prosecution of: |
(A) the qualified offense for which approval was |
given to record or intercept a conversation under this |
subsection (q); |
(B) a forcible felony committed directly in the |
course of the investigation of the qualified offense |
for which approval was given to record or intercept a |
|
conversation under this subsection (q); or |
(C) any other forcible felony committed while the |
recording or interception was approved in accordance |
with this subsection (q), but for this specific |
category of prosecutions, only if the law enforcement |
officer or person acting at the direction of a law |
enforcement officer who has consented to the |
conversation being intercepted or recorded suffers |
great bodily injury or is killed during the commission |
of the charged forcible felony. |
(5) Compliance with the provisions of this subsection |
is a prerequisite to the admissibility in evidence of any |
part of the contents of any wire, electronic or oral |
communication that has been intercepted as a result of |
this exception, but nothing in this subsection shall be |
deemed to prevent a court from otherwise excluding the |
evidence on any other ground recognized by State or |
federal law, nor shall anything in this subsection be |
deemed to prevent a court from independently reviewing the |
admissibility of the evidence for compliance with the |
Fourth Amendment to the U.S. Constitution or with Article |
I, Section 6 of the Illinois Constitution. |
(6) Use of recordings or intercepts unrelated to |
qualified offenses. Whenever any private conversation or |
private electronic communication has been recorded or |
intercepted as a result of this exception that is not |
|
related to an offense for which the recording or intercept |
is admissible under paragraph (4) of this subsection (q), |
no part of the contents of the communication and evidence |
derived from the communication may be received in evidence |
in any trial, hearing, or other proceeding in or before |
any court, grand jury, department, officer, agency, |
regulatory body, legislative committee, or other authority |
of this State, or a political subdivision of the State, |
nor may it be publicly disclosed in any way. |
(6.5) The Illinois State Police shall adopt rules as |
are necessary concerning the use of devices, retention of |
recordings, and reports regarding their use under this |
subsection (q). |
(7) Definitions. For the purposes of this subsection |
(q) only: |
"Forcible felony" includes and is limited to those |
offenses contained in Section 2-8 of the Criminal Code |
of 1961 as of the effective date of this amendatory Act |
of the 97th General Assembly, and only as those |
offenses have been defined by law or judicial |
interpretation as of that date. |
"Qualified offense" means and is limited to: |
(A) a felony violation of the Cannabis Control |
Act, the Illinois Controlled Substances Act, or |
the Methamphetamine Control and Community |
Protection Act, except for violations of: |
|
(i) Section 4 of the Cannabis Control Act; |
(ii) Section 402 of the Illinois |
Controlled Substances Act; and |
(iii) Section 60 of the Methamphetamine |
Control and Community Protection Act; and |
(B) first degree murder, solicitation of |
murder for hire, predatory criminal sexual assault |
of a child, criminal sexual assault, aggravated |
criminal sexual assault, aggravated arson, |
kidnapping, aggravated kidnapping, child |
abduction, trafficking in persons, involuntary |
servitude, involuntary sexual servitude of a |
minor, or gunrunning. |
"State's Attorney" includes and is limited to the |
State's Attorney or an assistant State's Attorney |
designated by the State's Attorney to provide verbal |
approval to record or intercept conversations under |
this subsection (q). |
(8) Sunset. This subsection (q) is inoperative on and |
after January 1, 2027 2023. No conversations intercepted |
pursuant to this subsection (q), while operative, shall be |
inadmissible in a court of law by virtue of the |
inoperability of this subsection (q) on January 1, 2027 |
2023. |
(9) Recordings, records, and custody. Any private |
conversation or private electronic communication |
|
intercepted by a law enforcement officer or a person |
acting at the direction of law enforcement shall, if |
practicable, be recorded in such a way as will protect the |
recording from editing or other alteration. Any and all |
original recordings made under this subsection (q) shall |
be inventoried without unnecessary delay pursuant to the |
law enforcement agency's policies for inventorying |
evidence. The original recordings shall not be destroyed |
except upon an order of a court of competent jurisdiction; |
and |
(r) Electronic recordings, including but not limited |
to, motion picture, videotape, digital, or other visual or |
audio recording, made of a lineup under Section 107A-2 of |
the Code of Criminal Procedure of 1963. |
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
|
(720 ILCS 5/33G-9) |
(Section scheduled to be repealed on June 11, 2022) |
Sec. 33G-9. Repeal. This Article is repealed on June 11, |
2023 2022.
|
(Source: P.A. 100-1, eff. 6-9-17.)
|
