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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
5		changing Sections 14-3 and 33G-9 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 electronic
10		communications, and television communications of any sort
11		where the same are publicly made;
12		(b) Hearing conversation when heard by employees of
13		any common carrier by wire incidental to the normal course
14		of their employment in the operation, maintenance or
15		repair of the equipment of such common carrier by wire so
16		long as no information obtained thereby is used or
17		divulged by the 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
22		to the main purpose for which such broadcasts are then
23		being made;

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

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

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

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1		in the course of an investigation of child pornography,
2		aggravated child pornography, indecent solicitation of a
3		child, luring of a minor, sexual exploitation of a child,
4		aggravated criminal sexual abuse in which the victim of
5		the offense was at the time of the commission of the
6		offense under 18 years of age, or criminal sexual abuse by
7		force or threat of force in which the victim of the offense
8		was at the time of the commission of the offense under 18
9		years of age shall, upon motion of the State's Attorney or
10		Attorney General prosecuting any case involving child
11		pornography, aggravated child pornography, indecent
12		solicitation of a child, luring of a minor, sexual
13		exploitation of a child, aggravated criminal sexual abuse
14		in which the victim of the offense was at the time of the
15		commission of the offense under 18 years of age, or
16		criminal sexual abuse by force or threat of force in which
17		the victim of the offense was at the time of the commission
18		of the offense under 18 years of age be reviewed in camera
19		with notice to all parties present by the court presiding
20		over the criminal case, and, if ruled by the court to be
21		relevant and otherwise admissible, it shall be admissible
22		at the trial of the criminal case. Absent such a ruling,
23		any such recording or evidence shall not be admissible at
24		the trial of the criminal case;
25		(h) Recordings made simultaneously with the use of an
26		in-car video camera recording of an oral conversation

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

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

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

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

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

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1		currently participating in the Custodial Interview Pilot
2		Program established under the Illinois Criminal Justice
3		Information Act;
4		(m) An electronic recording, including but not limited
5		to, a motion picture, videotape, digital, or other visual
6		or audio recording, made of the interior of a school bus
7		while the school bus is being used in the transportation
8		of students to and from school and school-sponsored
9		activities, when the school board has adopted a policy
10		authorizing such recording, notice of such recording
11		policy is included in student handbooks and other
12		documents including the policies of the school, notice of
13		the policy regarding recording is provided to parents of
14		students, and notice of such recording is clearly posted
15		on the door of and inside the school bus.
16		Recordings made pursuant to this subsection (m) shall
17		be confidential records and may only be used by school
18		officials (or their designees) and law enforcement
19		personnel for investigations, school disciplinary actions
20		and hearings, proceedings under the Juvenile Court Act of
21		1987, and criminal prosecutions, related to incidents
22		occurring in or around the school bus;
23		(n) Recording or listening to an audio transmission
24		from a microphone placed by a person under the authority
25		of a law enforcement agency inside a bait car surveillance
26		vehicle while simultaneously capturing a photographic or

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1		video image;
2		(o) The use of an eavesdropping camera or audio device
3		during an ongoing hostage or barricade situation by a law
4		enforcement officer or individual acting on behalf of a
5		law enforcement officer when the use of such device is
6		necessary to protect the safety of the general public,
7		hostages, or law enforcement officers or anyone acting on
8		their behalf;
9		(p) Recording or listening with the aid of any device
10		to incoming telephone calls of phone lines publicly listed
11		or advertised as the "CPS Violence Prevention Hotline",
12		but only where the notice of recording is given at the
13		beginning of each call as required by Section 34-21.8 of
14		the School Code. The recordings may be retained only by
15		the Chicago Police Department or other law enforcement
16		authorities, and shall not be otherwise retained or
17		disseminated;
18		(q)(1) With prior request to and written or verbal
19		approval of the State's Attorney of the county in which
20		the conversation is anticipated to occur, recording or
21		listening with the aid of an eavesdropping device to a
22		conversation in which a law enforcement officer, or any
23		person acting at the direction of a law enforcement
24		officer, is a party to the conversation and has consented
25		to the conversation being intercepted or recorded in the
26		course of an investigation of a qualified offense. The

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1		State's Attorney may grant this approval only after
2		determining that reasonable cause exists to believe that
3		inculpatory conversations concerning a qualified offense
4		will occur with a specified individual or individuals
5		within a designated period of time.
6		(2) Request for approval. To invoke the exception
7		contained in this subsection (q), a law enforcement
8		officer shall make a request for approval to the
9		appropriate State's Attorney. The request may be written
10		or verbal; however, a written memorialization of the
11		request must be made by the State's Attorney. This request
12		for approval shall include whatever information is deemed
13		necessary by the State's Attorney but shall include, at a
14		minimum, the following information about each specified
15		individual whom the law enforcement officer believes will
16		commit a qualified offense:
17		(A) his or her full or partial name, nickname or
18		alias;
19		(B) a physical description; or
20		(C) failing either (A) or (B) of this paragraph
21		(2), any other supporting information known to the law
22		enforcement officer at the time of the request that
23		gives rise to reasonable cause to believe that the
24		specified individual will participate in an
25		inculpatory conversation concerning a qualified
26		offense.

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1		(3) Limitations on approval. Each written approval by
2		the State's Attorney under this subsection (q) shall be
3		limited to:
4		(A) a recording or interception conducted by a
5		specified law enforcement officer or person acting at
6		the direction of a law enforcement officer;
7		(B) recording or intercepting conversations with
8		the individuals specified in the request for approval,
9		provided that the verbal approval shall be deemed to
10		include the recording or intercepting of conversations
11		with other individuals, unknown to the law enforcement
12		officer at the time of the request for approval, who
13		are acting in conjunction with or as co-conspirators
14		with the individuals specified in the request for
15		approval in the commission of a qualified offense;
16		(C) a reasonable period of time but in no event
17		longer than 24 consecutive hours;
18		(D) the written request for approval, if
19		applicable, or the written memorialization must be
20		filed, along with the written approval, with the
21		circuit clerk of the jurisdiction on the next business
22		day following the expiration of the authorized period
23		of time, and shall be subject to review by the Chief
24		Judge or his or her designee as deemed appropriate by
25		the court.
26		(3.5) The written memorialization of the request for

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1		approval and the written approval by the State's Attorney
2		may be in any format, including via facsimile, email, or
3		otherwise, so long as it is capable of being filed with the
4		circuit clerk.
5		(3.10) Beginning March 1, 2015, each State's Attorney
6		shall annually submit a report to the General Assembly
7		disclosing:
8		(A) the number of requests for each qualified
9		offense for approval under this subsection; and
10		(B) the number of approvals for each qualified
11		offense given by the State's Attorney.
12		(4) Admissibility of evidence. No part of the contents
13		of any wire, electronic, or oral communication that has
14		been recorded or intercepted as a result of this exception
15		may be received in evidence in any trial, hearing, or
16		other proceeding in or before any court, grand jury,
17		department, officer, agency, regulatory body, legislative
18		committee, or other authority of this State, or a
19		political subdivision of the State, other than in a
20		prosecution of:
21		(A) the qualified offense for which approval was
22		given to record or intercept a conversation under this
23		subsection (q);
24		(B) a forcible felony committed directly in the
25		course of the investigation of the qualified offense
26		for which approval was given to record or intercept a

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1		conversation under this subsection (q); or
2		(C) any other forcible felony committed while the
3		recording or interception was approved in accordance
4		with this subsection (q), but for this specific
5		category of prosecutions, only if the law enforcement
6		officer or person acting at the direction of a law
7		enforcement officer who has consented to the
8		conversation being intercepted or recorded suffers
9		great bodily injury or is killed during the commission
10		of the charged forcible felony.
11		(5) Compliance with the provisions of this subsection
12		is a prerequisite to the admissibility in evidence of any
13		part of the contents of any wire, electronic or oral
14		communication that has been intercepted as a result of
15		this exception, but nothing in this subsection shall be
16		deemed to prevent a court from otherwise excluding the
17		evidence on any other ground recognized by State or
18		federal law, nor shall anything in this subsection be
19		deemed to prevent a court from independently reviewing the
20		admissibility of the evidence for compliance with the
21		Fourth Amendment to the U.S. Constitution or with Article
22		I, Section 6 of the Illinois Constitution.
23		(6) Use of recordings or intercepts unrelated to
24		qualified offenses. Whenever any private conversation or
25		private electronic communication has been recorded or
26		intercepted as a result of this exception that is not

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1		related to an offense for which the recording or intercept
2		is admissible under paragraph (4) of this subsection (q),
3		no part of the contents of the communication and evidence
4		derived from the communication may be received in evidence
5		in any trial, hearing, or other proceeding in or before
6		any court, grand jury, department, officer, agency,
7		regulatory body, legislative committee, or other authority
8		of this State, or a political subdivision of the State,
9		nor may it be publicly disclosed in any way.
10		(6.5) The Illinois State Police shall adopt rules as
11		are necessary concerning the use of devices, retention of
12		recordings, and reports regarding their use under this
13		subsection (q).
14		(7) Definitions. For the purposes of this subsection
15		(q) only:
16		"Forcible felony" includes and is limited to those
17		offenses contained in Section 2-8 of the Criminal Code
18		of 1961 as of the effective date of this amendatory Act
19		of the 97th General Assembly, and only as those
20		offenses have been defined by law or judicial
21		interpretation as of that date.
22		"Qualified offense" means and is limited to:
23		(A) a felony violation of the Cannabis Control
24		Act, the Illinois Controlled Substances Act, or
25		the Methamphetamine Control and Community
26		Protection Act, except for violations of:

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1		(i) Section 4 of the Cannabis Control Act;
2		(ii) Section 402 of the Illinois
3		Controlled Substances Act; and
4		(iii) Section 60 of the Methamphetamine
5		Control and Community Protection Act; and
6		(B) first degree murder, solicitation of
7		murder for hire, predatory criminal sexual assault
8		of a child, criminal sexual assault, aggravated
9		criminal sexual assault, aggravated arson,
10		kidnapping, aggravated kidnapping, child
11		abduction, trafficking in persons, involuntary
12		servitude, involuntary sexual servitude of a
13		minor, or gunrunning.
14		"State's Attorney" includes and is limited to the
15		State's Attorney or an assistant State's Attorney
16		designated by the State's Attorney to provide verbal
17		approval to record or intercept conversations under
18		this subsection (q).
19		(8) Sunset. This subsection (q) is inoperative on and
20		after January 1, 2027 2023. No conversations intercepted
21		pursuant to this subsection (q), while operative, shall be
22		inadmissible in a court of law by virtue of the
23		inoperability of this subsection (q) on January 1, 2027
24		2023.
25		(9) Recordings, records, and custody. Any private
26		conversation or private electronic communication

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1		intercepted by a law enforcement officer or a person
2		acting at the direction of law enforcement shall, if
3		practicable, be recorded in such a way as will protect the
4		recording from editing or other alteration. Any and all
5		original recordings made under this subsection (q) shall
6		be inventoried without unnecessary delay pursuant to the
7		law enforcement agency's policies for inventorying
8		evidence. The original recordings shall not be destroyed
9		except upon an order of a court of competent jurisdiction;
10		and
11		(r) Electronic recordings, including but not limited
12		to, motion picture, videotape, digital, or other visual or
13		audio recording, made of a lineup under Section 107A-2 of
14		the Code of Criminal Procedure of 1963.
15		(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
16		(720 ILCS 5/33G-9)
17		(Section scheduled to be repealed on June 11, 2022)
18		Sec. 33G-9. Repeal. This Article is repealed on June 11,
19		2023 2022.
20		(Source: P.A. 100-1, eff. 6-9-17.)