[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] | [ Senate Amendment 003 ] |
91_SB0867
SRS91S0024MMch
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 14-3, 14-3A and 14-3B.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
6 Sec. 14-3. Exemptions. The following activities shall
7 be exempt from the provisions of this Article:
8 (a) Listening to radio, wireless and television
9 communications of any sort where the same are publicly made;
10 (b) Hearing conversation when heard by employees of any
11 common carrier by wire incidental to the normal course of
12 their employment in the operation, maintenance or repair of
13 the equipment of such common carrier by wire so long as no
14 information obtained thereby is used or divulged by the
15 hearer;
16 (c) Any broadcast by radio, television or otherwise
17 whether it be a broadcast or recorded for the purpose of
18 later broadcasts of any function where the public is in
19 attendance and the conversations are overheard incidental to
20 the main purpose for which such broadcasts are then being
21 made;
22 (d) Recording or listening with the aid of any device to
23 any emergency communication made in the normal course of
24 operations by any federal, state or local law enforcement
25 agency or institutions dealing in emergency services,
26 including, but not limited to, hospitals, clinics, ambulance
27 services, fire fighting agencies, any public utility,
28 emergency repair facility, civilian defense establishment or
29 military installation;
30 (e) Recording the proceedings of any meeting required to
31 be open by the Open Meetings Act, as amended; and
-2- SRS91S0024MMch
1 (f) Recording or listening with the aid of any device to
2 incoming telephone calls of phone lines publicly listed or
3 advertised as consumer "hotlines" by manufacturers or
4 retailers of food and drug products. Such recordings must be
5 destroyed, erased or turned over to local law enforcement
6 authorities within 24 hours from the time of such recording
7 and shall not be otherwise disseminated. Failure on the part
8 of the individual or business operating any such recording or
9 listening device to comply with the requirements of this
10 subsection shall eliminate any civil or criminal immunity
11 conferred upon that individual or business by the operation
12 of this Section;.
13 (g) With prior notification to the State's Attorney of
14 the county in which it is to occur, recording or listening
15 with the aid of any device to any conversation where a law
16 enforcement officer, or any person acting at the direction of
17 law enforcement, is a party to the conversation and has
18 consented to it being intercepted or recorded under
19 circumstances where the use of the device is necessary for
20 the protection of the law enforcement officer or any person
21 acting at the direction of law enforcement, in the course of
22 an investigation of a forcible felony, a felony violation of
23 the Illinois Controlled Substances Act, a felony violation of
24 the Cannabis Control Act, or any "streetgang related" or
25 "gang-related" felony as those terms are defined in the
26 Illinois Streetgang Terrorism Omnibus Prevention Act. Any
27 recording or evidence derived as the result of this exemption
28 shall be inadmissible in any proceeding, criminal, civil or
29 administrative, except (i) where a party to the conversation
30 suffers great bodily injury or is killed during such
31 conversation, or (ii) when used as direct impeachment of a
32 witness concerning matters contained in the interception or
33 recording. The Director of the Department of State Police
34 shall issue regulations as are necessary concerning the use
-3- SRS91S0024MMch
1 of devices, retention of tape recordings, and reports
2 regarding their use;.
3 (h) Recordings made simultaneously with a video
4 recording of an oral conversation between a peace officer,
5 who has identified his or her office, and a person stopped
6 for an investigation of an offense under the Illinois Vehicle
7 Code;.
8 (i) Recording of a conversation made by or at the
9 request of a person, not a law enforcement officer or agent
10 of a law enforcement officer, who is a party to the
11 conversation, under reasonable suspicion that another party
12 to the conversation is committing, is about to commit, or has
13 committed a criminal offense against the person or a member
14 of his or her immediate household, and there is reason to
15 believe that evidence of the criminal offense may be obtained
16 by the recording; and.
17 (j) The use of a telephone monitoring device by either
18 (1) a corporation or other business entity engaged in
19 marketing or opinion research or (2) a corporation or other
20 business entity engaged in telephone solicitation, as defined
21 in this subsection, to record or listen to oral telephone
22 solicitation conversations or marketing or opinion research
23 conversations by an employee of the corporation or other
24 business entity when:
25 (i) the monitoring is used for the purpose of
26 service quality control of marketing or opinion research
27 or telephone solicitation, the education or training of
28 employees or contractors engaged in marketing or opinion
29 research or telephone solicitation, or internal research
30 related to marketing or opinion research or telephone
31 solicitation; and
32 (ii) the monitoring is used with the consent of at
33 least one person who is an active party to the marketing
34 or opinion research conversation or telephone
-4- SRS91S0024MMch
1 solicitation conversation being monitored.
2 No communication or conversation or any part, portion, or
3 aspect of the communication or conversation made, acquired,
4 or obtained, directly or indirectly, under this exemption
5 (j), may be, directly or indirectly, furnished to any law
6 enforcement officer, agency, or official for any purpose or
7 used in any inquiry or investigation, or used, directly or
8 indirectly, in any administrative, judicial, or other
9 proceeding, or divulged to any third party.
10 When recording or listening authorized by this subsection
11 (j) on telephone lines used for marketing or opinion research
12 or telephone solicitation purposes results in recording or
13 listening to a conversation that does not relate to marketing
14 or opinion research or telephone solicitation; the person
15 recording or listening shall, immediately upon determining
16 that the conversation does not relate to marketing or opinion
17 research or telephone solicitation, terminate the recording
18 or listening and destroy any such recording as soon as is
19 practicable.
20 Business entities that use a telephone monitoring or
21 telephone recording system pursuant to this exemption (j)
22 shall provide current and prospective employees with notice
23 that the monitoring or recordings may occur during the course
24 of their employment. The notice shall include prominent
25 signage notification within the workplace.
26 Business entities that use a telephone monitoring or
27 telephone recording system pursuant to this exemption (j)
28 shall provide their employees or agents with access to
29 personal-only telephone lines which may be pay telephones,
30 that are not subject to telephone monitoring or telephone
31 recording.
32 For the purposes of this subsection (j), "telephone
33 solicitation" means a communication through the use of a
34 telephone by live operators:
-5- SRS91S0024MMch
1 (i) soliciting the sale of goods or services;
2 (ii) receiving orders for the sale of goods or
3 services;
4 (iii) assisting in the use of goods or services; or
5 (iv) engaging in the solicitation, administration,
6 or collection of bank or retail credit accounts.
7 For the purposes of this subsection (j), "marketing or
8 opinion research" means a marketing or opinion research
9 interview conducted by a live telephone interviewer engaged
10 by a corporation or other business entity whose principal
11 business is the design, conduct, and analysis of polls and
12 surveys measuring the opinions, attitudes, and responses of
13 respondents toward products and services, or social or
14 political issues, or both.
15 (k) The use of a device by a law enforcement officer to
16 hear or record oral conversations, whether such conversation
17 is conducted in person, by telephone, or any other means,
18 which emanate from or within any premises, place, vehicle,
19 vessel or aircraft during an emergency police response to
20 that premise, place, vehicle, vessel or aircraft. An
21 emergency police response, for purposes of this exemption,
22 occurs when a law enforcement officer determines there is
23 probable cause to believe that a kidnaping victim is present,
24 there is the holding of a hostage by force or the threat of
25 the imminent use of force, or that the location is occupied
26 by force or the threat of imminent use of force.
27 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95;
28 89-452, eff. 5-17-96; revised 10-31-98.)
29 (720 ILCS 5/14-3A)
30 Sec. 14-3A. Recordings, records, and custody.
31 (a) Any private oral communication intercepted in
32 accordance with subsection (g) or (k) of Section 14-3 shall,
33 if practicable, be recorded by tape or other comparable
-6- SRS91S0024MMch
1 method. The recording shall, if practicable, be done in such
2 a way as will protect it from editing or other alteration.
3 During an interception, the interception shall be carried out
4 by a law enforcement officer, and the officer shall keep a
5 signed, written record, including:
6 (1) The day and hours of interception or recording;
7 (2) The time and duration of each intercepted
8 communication;
9 (3) The parties, if known, to each intercepted
10 communication; and
11 (4) A summary of the contents of each intercepted
12 communication.
13 (b) Both the written record of the interception or
14 recording and any and all recordings of the interception or
15 recording shall immediately be inventoried and shall be
16 maintained where the chief law enforcement officer of the
17 county in which the interception or recording occurred
18 directs. The written records of the interception or
19 recording conducted under subsection (g) or (k) of Section
20 14-3 shall not be destroyed except upon an order of a court
21 of competent jurisdiction and in any event shall be kept for
22 10 years.
23 (Source: P.A. 88-677, eff. 12-15-94.)
24 (720 ILCS 5/14-3B)
25 Sec. 14-3B. Notice of interception or recording.
26 (a) Within a reasonable time, but not later than 60 days
27 after the termination of the investigation for which the
28 interception or recording was conducted, or immediately upon
29 the initiation of criminal proceedings, the person who was
30 the subject of an interception or recording under subsection
31 (g) or (k) of Section 14-3 shall be served with an inventory
32 that shall include:
-7- SRS91S0024MMch
1 (1) Notice to any person who was the subject of the
2 interception or recording;
3 (2) Notice of any interception or recording if the
4 defendant was arrested or indicted or otherwise charged
5 as a result of the interception of his or her private
6 oral communication;
7 (3) The date of the interception or recording;
8 (4) The period of interception or recording; and
9 (5) Notice of whether during the period of
10 interception or recording devices were or were not used
11 to overhear and record various conversations and whether
12 or not the conversations are recorded.
13 (b) A court of competent jurisdiction, upon filing of a
14 motion, may in its discretion make available to those persons
15 or their attorneys for inspection those portions of the
16 intercepted communications as the court determines to be in
17 the interest of justice.
18 (Source: P.A. 88-677, eff. 12-15-94.)