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91_SB0867eng SB867 Engrossed SRS91S0024MMch 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 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 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 14-3, 14-3A, and 14-3B as follows: 7 (720 ILCS 5/14-3) (from Ch. 38, par. 14-3) 8 Sec. 14-3. Exemptions. The following activities shall 9 be exempt from the provisions of this Article: 10 (a) Listening to radio, wireless and television 11 communications of any sort where the same are publicly made; 12 (b) Hearing conversation when heard by employees of any 13 common carrier by wire incidental to the normal course of 14 their employment in the operation, maintenance or repair of 15 the equipment of such common carrier by wire so long as no 16 information obtained thereby is used or divulged by the 17 hearer; 18 (c) Any broadcast by radio, television or otherwise 19 whether it be a broadcast or recorded for the purpose of 20 later broadcasts of any function where the public is in 21 attendance and the conversations are overheard incidental to 22 the main purpose for which such broadcasts are then being 23 made; 24 (d) Recording or listening with the aid of any device to 25 any emergency communication made in the normal course of 26 operations by any federal, state or local law enforcement 27 agency or institutions dealing in emergency services, 28 including, but not limited to, hospitals, clinics, ambulance 29 services, fire fighting agencies, any public utility, 30 emergency repair facility, civilian defense establishment or 31 military installation; SB867 Engrossed -2- SRS91S0024MMch 1 (e) Recording the proceedings of any meeting required to 2 be open by the Open Meetings Act, as amended;and3 (f) Recording or listening with the aid of any device to 4 incoming telephone calls of phone lines publicly listed or 5 advertised as consumer "hotlines" by manufacturers or 6 retailers of food and drug products. Such recordings must be 7 destroyed, erased or turned over to local law enforcement 8 authorities within 24 hours from the time of such recording 9 and shall not be otherwise disseminated. Failure on the part 10 of the individual or business operating any such recording or 11 listening device to comply with the requirements of this 12 subsection shall eliminate any civil or criminal immunity 13 conferred upon that individual or business by the operation 14 of this Section;.15 (g) With prior notification to the State's Attorney of 16 the county in which it is to occur, recording or listening 17 with the aid of any device to any conversation where a law 18 enforcement officer, or any person acting at the direction of 19 law enforcement, is a party to the conversation and has 20 consented to it being intercepted or recorded under 21 circumstances where the use of the device is necessary for 22 the protection of the law enforcement officer or any person 23 acting at the direction of law enforcement, in the course of 24 an investigation of a forcible felony, a felony violation of 25 the Illinois Controlled Substances Act, a felony violation of 26 the Cannabis Control Act, or any "streetgang related" or 27 "gang-related" felony as those terms are defined in the 28 Illinois Streetgang Terrorism Omnibus Prevention Act. Any 29 recording or evidence derived as the result of this exemption 30 shall be inadmissible in any proceeding, criminal, civil or 31 administrative, except (i) where a party to the conversation 32 suffers great bodily injury or is killed during such 33 conversation, or (ii) when used as direct impeachment of a 34 witness concerning matters contained in the interception or SB867 Engrossed -3- SRS91S0024MMch 1 recording. The Director of the Department of State Police 2 shall issue regulations as are necessary concerning the use 3 of devices, retention of tape recordings, and reports 4 regarding their use;.5 (h) Recordings made simultaneously with a video 6 recording of an oral conversation between a peace officer, 7 who has identified his or her office, and a person stopped 8 for an investigation of an offense under the Illinois Vehicle 9 Code;.10 (i) Recording of a conversation made by or at the 11 request of a person, not a law enforcement officer or agent 12 of a law enforcement officer, who is a party to the 13 conversation, under reasonable suspicion that another party 14 to the conversation is committing, is about to commit, or has 15 committed a criminal offense against the person or a member 16 of his or her immediate household, and there is reason to 17 believe that evidence of the criminal offense may be obtained 18 by the recording; and.19 (j) The use of a telephone monitoring device by either 20 (1) a corporation or other business entity engaged in 21 marketing or opinion research or (2) a corporation or other 22 business entity engaged in telephone solicitation, as defined 23 in this subsection, to record or listen to oral telephone 24 solicitation conversations or marketing or opinion research 25 conversations by an employee of the corporation or other 26 business entity when: 27 (i) the monitoring is used for the purpose of 28 service quality control of marketing or opinion research 29 or telephone solicitation, the education or training of 30 employees or contractors engaged in marketing or opinion 31 research or telephone solicitation, or internal research 32 related to marketing or opinion research or telephone 33 solicitation; and 34 (ii) the monitoring is used with the consent of at SB867 Engrossed -4- SRS91S0024MMch 1 least one person who is an active party to the marketing 2 or opinion research conversation or telephone 3 solicitation conversation being monitored. 4 No communication or conversation or any part, portion, or 5 aspect of the communication or conversation made, acquired, 6 or obtained, directly or indirectly, under this exemption 7 (j), may be, directly or indirectly, furnished to any law 8 enforcement officer, agency, or official for any purpose or 9 used in any inquiry or investigation, or used, directly or 10 indirectly, in any administrative, judicial, or other 11 proceeding, or divulged to any third party. 12 When recording or listening authorized by this subsection 13 (j) on telephone lines used for marketing or opinion research 14 or telephone solicitation purposes results in recording or 15 listening to a conversation that does not relate to marketing 16 or opinion research or telephone solicitation; the person 17 recording or listening shall, immediately upon determining 18 that the conversation does not relate to marketing or opinion 19 research or telephone solicitation, terminate the recording 20 or listening and destroy any such recording as soon as is 21 practicable. 22 Business entities that use a telephone monitoring or 23 telephone recording system pursuant to this exemption (j) 24 shall provide current and prospective employees with notice 25 that the monitoring or recordings may occur during the course 26 of their employment. The notice shall include prominent 27 signage notification within the workplace. 28 Business entities that use a telephone monitoring or 29 telephone recording system pursuant to this exemption (j) 30 shall provide their employees or agents with access to 31 personal-only telephone lines which may be pay telephones, 32 that are not subject to telephone monitoring or telephone 33 recording. 34 For the purposes of this subsection (j), "telephone SB867 Engrossed -5- SRS91S0024MMch 1 solicitation" means a communication through the use of a 2 telephone by live operators: 3 (i) soliciting the sale of goods or services; 4 (ii) receiving orders for the sale of goods or 5 services; 6 (iii) assisting in the use of goods or services; or 7 (iv) engaging in the solicitation, administration, 8 or collection of bank or retail credit accounts. 9 For the purposes of this subsection (j), "marketing or 10 opinion research" means a marketing or opinion research 11 interview conducted by a live telephone interviewer engaged 12 by a corporation or other business entity whose principal 13 business is the design, conduct, and analysis of polls and 14 surveys measuring the opinions, attitudes, and responses of 15 respondents toward products and services, or social or 16 political issues, or both. 17 (k) The use of a device by a law enforcement officer to 18 hear or record oral conversations, whether such conversation 19 is conducted in person, by telephone, or any other means, 20 which emanate from or within any premises, place, vehicle, 21 vessel or aircraft during an emergency police response to 22 that premise, place, vehicle, vessel or aircraft. An 23 emergency police response, for purposes of this exemption, 24 occurs when a law enforcement officer determines: (1) there 25 is probable cause to believe that a kidnaping victim is 26 present, (2) there is the holding of a hostage by force or 27 the threat of the imminent use of force, or (3) that the 28 location is occupied by force or the threat of imminent use 29 of force and the occupant either is threatening suicide or 30 the occupant has committed a felony outside the location and 31 in fresh pursuit by a law enforcement officer has barricaded 32 himself or herself in the location. 33 (Source: P.A. 88-677, eff. 12-15-94; 89-428, eff. 12-13-95; 34 89-452, eff. 5-17-96; revised 10-31-98.) SB867 Engrossed -6- SRS91S0024MMch 1 (720 ILCS 5/14-3A) 2 Sec. 14-3A. Recordings, records, and custody. 3 (a) Any private oral communication intercepted in 4 accordance with subsection (g) or (k) of Section 14-3 shall, 5 if practicable, be recorded by tape or other comparable 6 method. The recording shall, if practicable, be done in such 7 a way as will protect it from editing or other alteration. 8 During an interception, the interception shall be carried out 9 by a law enforcement officer, and the officer shall keep a 10 signed, written record, including: 11 (1) The day and hours of interception or recording; 12 (2) The time and duration of each intercepted 13 communication; 14 (3) The parties, if known, to each intercepted 15 communication; and 16 (4) A summary of the contents of each intercepted 17 communication. 18 (b) Both the written record of the interception or 19 recording and any and all recordings of the interception or 20 recording shall immediately be inventoried and shall be 21 maintained where the chief law enforcement officer of the 22 county in which the interception or recording occurred 23 directs. The written records of the interception or 24 recording conducted under subsection (g) or (k) of Section 25 14-3 shall not be destroyed except upon an order of a court 26 of competent jurisdiction and in any event shall be kept for 27 10 years. 28 (Source: P.A. 88-677, eff. 12-15-94.) 29 (720 ILCS 5/14-3B) 30 Sec. 14-3B. Notice of interception or recording. 31 (a) Within a reasonable time, but not later than 60 days 32 after the termination of the investigation for which the SB867 Engrossed -7- SRS91S0024MMch 1 interception or recording was conducted, or immediately upon 2 the initiation of criminal proceedings, the person who was 3 the subject of an interception or recording under subsection 4 (g) or (k) of Section 14-3 shall be served with an inventory 5 that shall include: 6 (1) Notice to any person who was the subject of the 7 interception or recording; 8 (2) Notice of any interception or recording if the 9 defendant was arrested or indicted or otherwise charged 10 as a result of the interception of his or her private 11 oral communication; 12 (3) The date of the interception or recording; 13 (4) The period of interception or recording; and 14 (5) Notice of whether during the period of 15 interception or recording devices were or were not used 16 to overhear and record various conversations and whether 17 or not the conversations are recorded. 18 (b) A court of competent jurisdiction, upon filing of a 19 motion, may in its discretion make available to those persons 20 or their attorneys for inspection those portions of the 21 intercepted communications as the court determines to be in 22 the interest of justice. 23 (Source: P.A. 88-677, eff. 12-15-94.)