Public Act 095-0258
 		





SB0097 Enrolled
LRB095 03357 RLC 23361 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 1961 is amended  by changing 
Sections 14-1 and 14-3 as follows:
 



    (720 ILCS 5/14-1)  (from Ch. 38, par. 14-1)



    Sec. 14-1. Definition. 

    (a) Eavesdropping device.

    An eavesdropping device is any device capable of being used 
to hear or
record oral conversation or intercept, retain, or 
transcribe electronic
communications whether such conversation 
or electronic communication is
conducted in person,
by 
telephone, or by any other means; Provided, however, that this

definition shall not include devices used for the restoration 
of the deaf
or hard-of-hearing to normal or partial hearing.

    (b) Eavesdropper.

    An eavesdropper is any person, including law enforcement 
officers, who is a
principal, as defined in this Article, or 
who
operates or participates in the operation of any 
eavesdropping device
contrary to the provisions of this 
Article.

    (c) Principal.

    A principal is any person who:


        (1) Knowingly employs another who illegally uses an 
    eavesdropping
device in the course of such employment; or


        (2) Knowingly derives any benefit or information from 
    the illegal use
of an eavesdropping device by another; or


        (3) Directs another to use an eavesdropping device 
    illegally on his
behalf.

    (d) Conversation.

    For the purposes of this Article, the term conversation 
means any oral
communication between 2 or more persons 
regardless of whether one or more of
the parties intended their 
communication to be of a private nature under
circumstances 
justifying that expectation.

    (e) Electronic communication.

    For purposes of this Article, the term electronic 
communication means any
transfer of signs, signals, writing, 
images, sounds, data, or intelligence of
any nature transmitted 
in whole or part by a wire, radio, pager, computer,

electromagnetic, photo electronic or photo optical system, 
where the sending
and receiving parties intend the electronic 
communication to be private and the
interception, recording, or 
transcription of the electronic communication is
accomplished 
by a device in a surreptitious manner contrary to the 
provisions
of this Article.  Electronic communication does not 
include any communication
from a tracking device.
    (f) Bait car.
    For purposes of this Article, the term bait car means any 
motor vehicle that is not occupied by a law enforcement officer 
and is used by a law enforcement agency to deter, detect, 
identify, and assist in the apprehension of an auto theft 
suspect in the act of stealing a motor vehicle.


(Source: P.A. 91-657, eff. 1-1-00.)

 



    (720 ILCS 5/14-3)  (from Ch. 38, par. 14-3)


    Sec. 14-3. Exemptions. The following activities shall be

exempt from the provisions of this Article:

    (a) Listening to radio, wireless 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 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

Department of
State Police shall issue regulations as are 
necessary concerning the use of
devices, retention of tape 
recordings, and reports regarding their
use;

    (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.

    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

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.

    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;

    (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;

    (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; 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

Illinois Criminal Justice Information Act; and .

    (m) 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.

(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.)