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91_SB1905
LRB9112976STsbA
1 AN ACT to amend certain Acts in relation to criminal
2 investigations.
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 Section 14-3 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;
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1 (e) Recording the proceedings of any meeting required to
2 be open by the Open Meetings Act, as amended;
3 (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
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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 (h-5) Recordings made simultaneously with a video
11 recording of an oral conversation between a peace officer,
12 who has identified his or her office, and a person
13 interviewed as a suspect or witness in a case that may result
14 in a defendant being charged with a Class X felony as
15 provided in Section 108C-5 of the Code of Criminal Procedure
16 of 1963;
17 (i) Recording of a conversation made by or at the
18 request of a person, not a law enforcement officer or agent
19 of a law enforcement officer, who is a party to the
20 conversation, under reasonable suspicion that another party
21 to the conversation is committing, is about to commit, or has
22 committed a criminal offense against the person or a member
23 of his or her immediate household, and there is reason to
24 believe that evidence of the criminal offense may be obtained
25 by the recording; and
26 (j) The use of a telephone monitoring device by either
27 (1) a corporation or other business entity engaged in
28 marketing or opinion research or (2) a corporation or other
29 business entity engaged in telephone solicitation, as defined
30 in this subsection, to record or listen to oral telephone
31 solicitation conversations or marketing or opinion research
32 conversations by an employee of the corporation or other
33 business entity when:
34 (i) the monitoring is used for the purpose of
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1 service quality control of marketing or opinion research
2 or telephone solicitation, the education or training of
3 employees or contractors engaged in marketing or opinion
4 research or telephone solicitation, or internal research
5 related to marketing or opinion research or telephone
6 solicitation; and
7 (ii) the monitoring is used with the consent of at
8 least one person who is an active party to the marketing
9 or opinion research conversation or telephone
10 solicitation conversation being monitored.
11 No communication or conversation or any part, portion, or
12 aspect of the communication or conversation made, acquired,
13 or obtained, directly or indirectly, under this exemption
14 (j), may be, directly or indirectly, furnished to any law
15 enforcement officer, agency, or official for any purpose or
16 used in any inquiry or investigation, or used, directly or
17 indirectly, in any administrative, judicial, or other
18 proceeding, or divulged to any third party.
19 When recording or listening authorized by this subsection
20 (j) on telephone lines used for marketing or opinion research
21 or telephone solicitation purposes results in recording or
22 listening to a conversation that does not relate to marketing
23 or opinion research or telephone solicitation; the person
24 recording or listening shall, immediately upon determining
25 that the conversation does not relate to marketing or opinion
26 research or telephone solicitation, terminate the recording
27 or listening and destroy any such recording as soon as is
28 practicable.
29 Business entities that use a telephone monitoring or
30 telephone recording system pursuant to this exemption (j)
31 shall provide current and prospective employees with notice
32 that the monitoring or recordings may occur during the course
33 of their employment. The notice shall include prominent
34 signage notification within the workplace.
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1 Business entities that use a telephone monitoring or
2 telephone recording system pursuant to this exemption (j)
3 shall provide their employees or agents with access to
4 personal-only telephone lines which may be pay telephones,
5 that are not subject to telephone monitoring or telephone
6 recording.
7 For the purposes of this subsection (j), "telephone
8 solicitation" means a communication through the use of a
9 telephone by live operators:
10 (i) soliciting the sale of goods or services;
11 (ii) receiving orders for the sale of goods or
12 services;
13 (iii) assisting in the use of goods or services; or
14 (iv) engaging in the solicitation, administration,
15 or collection of bank or retail credit accounts.
16 For the purposes of this subsection (j), "marketing or
17 opinion research" means a marketing or opinion research
18 interview conducted by a live telephone interviewer engaged
19 by a corporation or other business entity whose principal
20 business is the design, conduct, and analysis of polls and
21 surveys measuring the opinions, attitudes, and responses of
22 respondents toward products and services, or social or
23 political issues, or both.
24 (Source: P.A. 91-357, eff. 7-29-99.)
25 Section 10. The Code of Criminal Procedure of 1963 is
26 amended by adding Article 108C as follows:
27 (725 ILCS 5/Art. 108C heading new)
28 ARTICLE 108C. VIDEOTAPING OF INTERVIEWS
29 (725 ILCS 5/108C-5 new)
30 Sec. 108C-5. Videotaping of interviews required. During
31 an investigation of a case that may result in a defendant
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1 being charged with a Class X felony, every interview between
2 a peace officer and a suspect or witness in that case must be
3 videotaped. The videotaping must begin with the peace
4 officer's statement to the suspect or witness reciting all of
5 the suspect or witness's constitutionally required warnings,
6 which must be followed by the suspect or witness's waiver of
7 each of his or her constitutional rights as specified in
8 those warnings. The entire interview must be videotaped.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.