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1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Code of 2012 is amended by changing
5		Section 14-3 as follows:
6		(720 ILCS 5/14-3)
7		Sec. 14-3. Exemptions. The following activities shall be
8		exempt from the provisions of this Article:
9		(a) Listening to radio, wireless and television
10		communications of any sort where the same are publicly made;
11		(b) Hearing conversation when heard by employees of any
12		common carrier by wire incidental to the normal course of their
13		employment in the operation, maintenance or repair of the
14		equipment of such common carrier by wire so long as no
15		information obtained thereby is used or divulged by the hearer;
16		(c) Any broadcast by radio, television or otherwise whether
17		it be a broadcast or recorded for the purpose of later
18		broadcasts of any function where the public is in attendance
19		and the conversations are overheard incidental to the main
20		purpose for which such broadcasts are then being made;
21		(d) Recording or listening with the aid of any device to
22		any emergency communication made in the normal course of
23		operations by any federal, state or local law enforcement

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1		agency or institutions dealing in emergency services,
2		including, but not limited to, hospitals, clinics, ambulance
3		services, fire fighting agencies, any public utility,
4		emergency repair facility, civilian defense establishment or
5		military installation;
6		(e) Recording the proceedings of any meeting required to be
7		open by the Open Meetings Act, as amended;
8		(f) Recording or listening with the aid of any device to
9		incoming telephone calls of phone lines publicly listed or
10		advertised as consumer "hotlines" by manufacturers or
11		retailers of food and drug products. Such recordings must be
12		destroyed, erased or turned over to local law enforcement
13		authorities within 24 hours from the time of such recording and
14		shall not be otherwise disseminated. Failure on the part of the
15		individual or business operating any such recording or
16		listening device to comply with the requirements of this
17		subsection shall eliminate any civil or criminal immunity
18		conferred upon that individual or business by the operation of
19		this Section;
20		(g) With prior notification to the State's Attorney of the
21		county in which it is to occur, recording or listening with the
22		aid of any device to any conversation where a law enforcement
23		officer, or any person acting at the direction of law
24		enforcement, is a party to the conversation and has consented
25		to it being intercepted or recorded under circumstances where
26		the use of the device is necessary for the protection of the

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1		law enforcement officer or any person acting at the direction
2		of law enforcement, in the course of an investigation of a
3		forcible felony, a felony offense of involuntary servitude,
4		involuntary sexual servitude of a minor, or trafficking in
5		persons under Section 10-9 of this Code, an offense involving
6		prostitution, solicitation of a sexual act, or pandering, a
7		felony violation of the Illinois Controlled Substances Act, a
8		felony violation of the Cannabis Control Act, a felony
9		violation of the Methamphetamine Control and Community
10		Protection Act, any "streetgang related" or "gang-related"
11		felony as those terms are defined in the Illinois Streetgang
12		Terrorism Omnibus Prevention Act, or any felony offense
13		involving any weapon listed in paragraphs (1) through (11) of
14		subsection (a) of Section 24-1 of this Code. Any recording or
15		evidence derived as the result of this exemption shall be
16		inadmissible in any proceeding, criminal, civil or
17		administrative, except (i) where a party to the conversation
18		suffers great bodily injury or is killed during such
19		conversation, or (ii) when used as direct impeachment of a
20		witness concerning matters contained in the interception or
21		recording. The Director of the Department of State Police shall
22		issue regulations as are necessary concerning the use of
23		devices, retention of tape recordings, and reports regarding
24		their use;
25		(g-5) With approval of the State's Attorney of the county
26		in which it is to occur, recording or listening with the aid of

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1		any device to any conversation where a law enforcement officer,
2		or any person acting at the direction of law enforcement, is a
3		party to the conversation and has consented to it being
4		intercepted or recorded in the course of an investigation of
5		any offense defined in Article 29D of this Code. In all such
6		cases, an application for an order approving the previous or
7		continuing use of an eavesdropping device must be made within
8		48 hours of the commencement of such use. In the absence of
9		such an order, or upon its denial, any continuing use shall
10		immediately terminate. The Director of State Police shall issue
11		rules as are necessary concerning the use of devices, retention
12		of tape recordings, and reports regarding their use.
13		Any recording or evidence obtained or derived in the course
14		of an investigation of any offense defined in Article 29D of
15		this Code shall, upon motion of the State's Attorney or
16		Attorney General prosecuting any violation of Article 29D, be
17		reviewed in camera with notice to all parties present by the
18		court presiding over the criminal case, and, if ruled by the
19		court to be relevant and otherwise admissible, it shall be
20		admissible at the trial of the criminal case.
21		This subsection (g-5) is inoperative on and after January
22		1, 2005. No conversations recorded or monitored pursuant to
23		this subsection (g-5) shall be inadmissible in a court of law
24		by virtue of the repeal of this subsection (g-5) on January 1,
25		2005;
26		(g-6) With approval of the State's Attorney of the county

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1		in which it is to occur, recording or listening with the aid of
2		any device to any conversation where a law enforcement officer,
3		or any person acting at the direction of law enforcement, is a
4		party to the conversation and has consented to it being
5		intercepted or recorded in the course of an investigation of
6		involuntary servitude, involuntary sexual servitude of a
7		minor, trafficking in persons, child pornography, aggravated
8		child pornography, indecent solicitation of a child, child
9		abduction, luring of a minor, sexual exploitation of a child,
10		predatory criminal sexual assault of a child, aggravated
11		criminal sexual abuse in which the victim of the offense was at
12		the time of the commission of the offense under 18 years of
13		age, criminal sexual abuse by force or threat of force in which
14		the victim of the offense was at the time of the commission of
15		the offense under 18 years of age, or aggravated criminal
16		sexual assault in which the victim of the offense was at the
17		time of the commission of the offense under 18 years of age. In
18		all such cases, an application for an order approving the
19		previous or continuing use of an eavesdropping device must be
20		made within 48 hours of the commencement of such use. In the
21		absence of such an order, or upon its denial, any continuing
22		use shall immediately terminate. The Director of State Police
23		shall issue rules as are necessary concerning the use of
24		devices, retention of recordings, and reports regarding their
25		use. Any recording or evidence obtained or derived in the
26		course of an investigation of involuntary servitude,

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1		involuntary sexual servitude of a minor, trafficking in
2		persons, child pornography, aggravated child pornography,
3		indecent solicitation of a child, child abduction, luring of a
4		minor, sexual exploitation of a child, predatory criminal
5		sexual assault of a child, aggravated criminal sexual abuse in
6		which the victim of the offense was at the time of the
7		commission of the offense under 18 years of age, criminal
8		sexual abuse by force or threat of force in which the victim of
9		the offense was at the time of the commission of the offense
10		under 18 years of age, or aggravated criminal sexual assault in
11		which the victim of the offense was at the time of the
12		commission of the offense under 18 years of age shall, upon
13		motion of the State's Attorney or Attorney General prosecuting
14		any case involving involuntary servitude, involuntary sexual
15		servitude of a minor, trafficking in persons, child
16		pornography, aggravated child pornography, indecent
17		solicitation of a child, child abduction, luring of a minor,
18		sexual exploitation of a child, predatory criminal sexual
19		assault of a child, aggravated criminal sexual abuse in which
20		the victim of the offense was at the time of the commission of
21		the offense under 18 years of age, criminal sexual abuse by
22		force or threat of force in which the victim of the offense was
23		at the time of the commission of the offense under 18 years of
24		age, or aggravated criminal sexual assault in which the victim
25		of the offense was at the time of the commission of the offense
26		under 18 years of age, be reviewed in camera with notice to all

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1		parties present by the court presiding over the criminal case,
2		and, if ruled by the court to be relevant and otherwise
3		admissible, it shall be admissible at the trial of the criminal
4		case. Absent such a ruling, any such recording or evidence
5		shall not be admissible at the trial of the criminal case;
6		(h) Recordings made simultaneously with the use of an
7		in-car video camera recording of an oral conversation between a
8		uniformed peace officer, who has identified his or her office,
9		and a person in the presence of the peace officer whenever (i)
10		an officer assigned a patrol vehicle is conducting an
11		enforcement stop; or (ii) patrol vehicle emergency lights are
12		activated or would otherwise be activated if not for the need
13		to conceal the presence of law enforcement.
14		For the purposes of this subsection (h), "enforcement stop"
15		means an action by a law enforcement officer in relation to
16		enforcement and investigation duties, including but not
17		limited to, traffic stops, pedestrian stops, abandoned vehicle
18		contacts, motorist assists, commercial motor vehicle stops,
19		roadside safety checks, requests for identification, or
20		responses to requests for emergency assistance;
21		(h-5) Recordings of utterances made by a person while in
22		the presence of a uniformed peace officer and while an occupant
23		of a police vehicle including, but not limited to, (i)
24		recordings made simultaneously with the use of an in-car video
25		camera and (ii) recordings made in the presence of the peace
26		officer utilizing video or audio systems, or both, authorized

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1		by the law enforcement agency;
2		(h-10) Recordings made simultaneously with a video camera
3		recording during the use of a taser or similar weapon or device
4		by a peace officer if the weapon or device is equipped with
5		such camera;
6		(h-15) Recordings made under subsection (h), (h-5), or
7		(h-10) shall be retained by the law enforcement agency that
8		employs the peace officer who made the recordings for a storage
9		period of 90 days, unless the recordings are made as a part of
10		an arrest or the recordings are deemed evidence in any
11		criminal, civil, or administrative proceeding and then the
12		recordings must only be destroyed upon a final disposition and
13		an order from the court. Under no circumstances shall any
14		recording be altered or erased prior to the expiration of the
15		designated storage period. Upon completion of the storage
16		period, the recording medium may be erased and reissued for
17		operational use;
18		(i) Recording of a conversation made by or at the request
19		of a person, not a law enforcement officer or agent of a law
20		enforcement officer, who is a party to the conversation, under
21		reasonable suspicion that another party to the conversation is
22		committing, is about to commit, or has committed a criminal
23		offense against the person or a member of his or her immediate
24		household, and there is reason to believe that evidence of the
25		criminal offense may be obtained by the recording;
26		(j) The use of a telephone monitoring device by either (1)

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1		a corporation or other business entity engaged in marketing or
2		opinion research or (2) a corporation or other business entity
3		engaged in telephone solicitation, as defined in this
4		subsection, to record or listen to oral telephone solicitation
5		conversations or marketing or opinion research conversations
6		by an employee of the corporation or other business entity
7		when:
8		(i) the monitoring is used for the purpose of service
9		quality control of marketing or opinion research or
10		telephone solicitation, the education or training of
11		employees or contractors engaged in marketing or opinion
12		research or telephone solicitation, or internal research
13		related to marketing or opinion research or telephone
14		solicitation; and
15		(ii) the monitoring is used with the consent of at
16		least one person who is an active party to the marketing or
17		opinion research conversation or telephone solicitation
18		conversation being monitored.
19		No communication or conversation or any part, portion, or
20		aspect of the communication or conversation made, acquired, or
21		obtained, directly or indirectly, under this exemption (j), may
22		be, directly or indirectly, furnished to any law enforcement
23		officer, agency, or official for any purpose or used in any
24		inquiry or investigation, or used, directly or indirectly, in
25		any administrative, judicial, or other proceeding, or divulged
26		to any third party.

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1		When recording or listening authorized by this subsection
2		(j) on telephone lines used for marketing or opinion research
3		or telephone solicitation purposes results in recording or
4		listening to a conversation that does not relate to marketing
5		or opinion research or telephone solicitation; the person
6		recording or listening shall, immediately upon determining
7		that the conversation does not relate to marketing or opinion
8		research or telephone solicitation, terminate the recording or
9		listening and destroy any such recording as soon as is
10		practicable.
11		Business entities that use a telephone monitoring or
12		telephone recording system pursuant to this exemption (j) shall
13		provide current and prospective employees with notice that the
14		monitoring or recordings may occur during the course of their
15		employment. The notice shall include prominent signage
16		notification within the workplace.
17		Business entities that use a telephone monitoring or
18		telephone recording system pursuant to this exemption (j) shall
19		provide their employees or agents with access to personal-only
20		telephone lines which may be pay telephones, that are not
21		subject to telephone monitoring or telephone recording.
22		For the purposes of this subsection (j), "telephone
23		solicitation" means a communication through the use of a
24		telephone by live operators:
25		(i) soliciting the sale of goods or services;
26		(ii) receiving orders for the sale of goods or

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1		services;
2		(iii) assisting in the use of goods or services; or
3		(iv) engaging in the solicitation, administration, or
4		collection of bank or retail credit accounts.
5		For the purposes of this subsection (j), "marketing or
6		opinion research" means a marketing or opinion research
7		interview conducted by a live telephone interviewer engaged by
8		a corporation or other business entity whose principal business
9		is the design, conduct, and analysis of polls and surveys
10		measuring the opinions, attitudes, and responses of
11		respondents toward products and services, or social or
12		political issues, or both;
13		(k) Electronic recordings, including but not limited to, a
14		motion picture, videotape, digital, or other visual or audio
15		recording, made of a custodial interrogation of an individual
16		at a police station or other place of detention by a law
17		enforcement officer under Section 5-401.5 of the Juvenile Court
18		Act of 1987 or Section 103-2.1 of the Code of Criminal
19		Procedure of 1963;
20		(l) Recording the interview or statement of any person when
21		the person knows that the interview is being conducted by a law
22		enforcement officer or prosecutor and the interview takes place
23		at a police station that is currently participating in the
24		Custodial Interview Pilot Program established under the
25		Illinois Criminal Justice Information Act;
26		(m) An electronic recording, including but not limited to,

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1		a motion picture, videotape, digital, or other visual or audio
2		recording, made of the interior of a school bus while the
3		school bus is being used in the transportation of students to
4		and from school and school-sponsored activities, when the
5		school board has adopted a policy authorizing such recording,
6		notice of such recording policy is included in student
7		handbooks and other documents including the policies of the
8		school, notice of the policy regarding recording is provided to
9		parents of students, and notice of such recording is clearly
10		posted on the door of and inside the school bus.
11		Recordings made pursuant to this subsection (m) shall be
12		confidential records and may only be used by school officials
13		(or their designees) and law enforcement personnel for
14		investigations, school disciplinary actions and hearings,
15		proceedings under the Juvenile Court Act of 1987, and criminal
16		prosecutions, related to incidents occurring in or around the
17		school bus;
18		(n) Recording or listening to an audio transmission from a
19		microphone placed by a person under the authority of a law
20		enforcement agency inside a bait car surveillance vehicle while
21		simultaneously capturing a photographic or video image;
22		(o) The use of an eavesdropping camera or audio device
23		during an ongoing hostage or barricade situation by a law
24		enforcement officer or individual acting on behalf of a law
25		enforcement officer when the use of such device is necessary to
26		protect the safety of the general public, hostages, or law

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1		enforcement officers or anyone acting on their behalf;
2		(p) Recording or listening with the aid of any device to
3		incoming telephone calls of phone lines publicly listed or
4		advertised as the "CPS Violence Prevention Hotline", but only
5		where the notice of recording is given at the beginning of each
6		call as required by Section 34-21.8 of the School Code. The
7		recordings may be retained only by the Chicago Police
8		Department or other law enforcement authorities, and shall not
9		be otherwise retained or disseminated; and
10		(q)(1) With prior request to and verbal approval of the
11		State's Attorney of the county in which the conversation is
12		anticipated to occur, recording or listening with the aid of an
13		eavesdropping device to a conversation in which a law
14		enforcement officer, or any person acting at the direction of a
15		law enforcement officer, is a party to the conversation and has
16		consented to the conversation being intercepted or recorded in
17		the course of an investigation of a drug offense. The State's
18		Attorney may grant this verbal approval only after determining
19		that reasonable cause exists to believe that a drug offense
20		will be committed by a specified individual or individuals
21		within a designated period of time.
22		(2) Request for approval. To invoke the exception contained
23		in this subsection (q), a law enforcement officer shall make a
24		written or verbal request for approval to the appropriate
25		State's Attorney. This request for approval shall include
26		whatever information is deemed necessary by the State's

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1		Attorney but shall include, at a minimum, the following
2		information about each specified individual whom the law
3		enforcement officer believes will commit a drug offense:
4		(A) his or her full or partial name, nickname or alias;
5		(B) a physical description; or
6		(C) failing either (A) or (B) of this paragraph (2),
7		any other supporting information known to the law
8		enforcement officer at the time of the request that gives
9		rise to reasonable cause to believe the individual will
10		commit a drug offense.
11		(3) Limitations on verbal approval. Each verbal approval by
12		the State's Attorney under this subsection (q) shall be limited
13		to:
14		(A) a recording or interception conducted by a
15		specified law enforcement officer or person acting at the
16		direction of a law enforcement officer;
17		(B) recording or intercepting conversations with the
18		individuals specified in the request for approval,
19		provided that the verbal approval shall be deemed to
20		include the recording or intercepting of conversations
21		with other individuals, unknown to the law enforcement
22		officer at the time of the request for approval, who are
23		acting in conjunction with or as co-conspirators with the
24		individuals specified in the request for approval in the
25		commission of a drug offense;
26		(C) a reasonable period of time but in no event longer

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1		than 24 consecutive hours.
2		(4) Admissibility of evidence. No part of the contents of
3		any wire, electronic, or oral communication that has been
4		recorded or intercepted as a result of this exception may be
5		received in evidence in any trial, hearing, or other proceeding
6		in or before any court, grand jury, department, officer,
7		agency, regulatory body, legislative committee, or other
8		authority of this State, or a political subdivision of the
9		State, other than in a prosecution of:
10		(A) a drug offense;
11		(B) a forcible felony committed directly in the course
12		of the investigation of a drug offense for which verbal
13		approval was given to record or intercept a conversation
14		under this subsection (q); or
15		(C) any other forcible felony committed while the
16		recording or interception was approved in accordance with
17		this Section (q), but for this specific category of
18		prosecutions, only if the law enforcement officer or person
19		acting at the direction of a law enforcement officer who
20		has consented to the conversation being intercepted or
21		recorded suffers great bodily injury or is killed during
22		the commission of the charged forcible felony.
23		(5) Compliance with the provisions of this subsection is a
24		prerequisite to the admissibility in evidence of any part of
25		the contents of any wire, electronic or oral communication that
26		has been intercepted as a result of this exception, but nothing

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1		in this subsection shall be deemed to prevent a court from
2		otherwise excluding the evidence on any other ground, nor shall
3		anything in this subsection be deemed to prevent a court from
4		independently reviewing the admissibility of the evidence for
5		compliance with the Fourth Amendment to the U.S. Constitution
6		or with Article I, Section 6 of the Illinois Constitution.
7		(6) Use of recordings or intercepts unrelated to drug
8		offenses. Whenever any wire, electronic, or oral communication
9		has been recorded or intercepted as a result of this exception
10		that is not related to a drug offense or a forcible felony
11		committed in the course of a drug offense, no part of the
12		contents of the communication and evidence derived from the
13		communication may be received in evidence in any trial,
14		hearing, or other proceeding in or before any court, grand
15		jury, department, officer, agency, regulatory body,
16		legislative committee, or other authority of this State, or a
17		political subdivision of the State, nor may it be publicly
18		disclosed in any way.
19		(7) Definitions. For the purposes of this subsection (q)
20		only:
21		"Drug offense" includes and is limited to a felony
22		violation of one of the following: (A) the Illinois
23		Controlled Substances Act, (B) the Cannabis Control Act,
24		and (C) the Methamphetamine Control and Community
25		Protection Act.
26		"Forcible felony" includes and is limited to those

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1		offenses contained in Section 2-8 of the Criminal Code of
2		1961 as of the effective date of this amendatory Act of the
3		97th General Assembly, and only as those offenses have been
4		defined by law or judicial interpretation as of that date.
5		"State's Attorney" includes and is limited to the
6		State's Attorney or an assistant State's Attorney
7		designated by the State's Attorney to provide verbal
8		approval to record or intercept conversations under this
9		subsection (q).
10		(8) Sunset. This subsection (q) is inoperative on and after
11		January 1, 2017 2015. No conversations intercepted pursuant to
12		this subsection (q), while operative, shall be inadmissible in
13		a court of law by virtue of the inoperability of this
14		subsection (q) on January 1, 2017 2015.
15		(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
16		97-897, eff. 1-1-13; 98-463, eff. 8-16-13.)
17		Section 99. Effective date. This Act takes effect upon
18		becoming law.