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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 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 any
13		common carrier by wire incidental to the normal course of their
14		employment in the operation, maintenance or repair of the
15		equipment of such common carrier by wire so long as no
16		information obtained thereby is used or divulged by the hearer;
17		(c) Any broadcast by radio, television or otherwise whether
18		it be a broadcast or recorded for the purpose of later
19		broadcasts of any function where the public is in attendance
20		and the conversations are overheard incidental to the main
21		purpose for which such broadcasts are then being made;
22		(d) Recording or listening with the aid of any device to
23		any emergency communication made in the normal course of

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

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

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

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1		criminal sexual abuse by force or threat of force in which the
2		victim of the offense was at the time of the commission of the
3		offense under 18 years of age shall, upon motion of the State's
4		Attorney or Attorney General prosecuting any case involving
5		child pornography, aggravated child pornography, indecent
6		solicitation of a child, luring of a minor, sexual exploitation
7		of a child, aggravated criminal sexual abuse in which the
8		victim of the offense was at the time of the commission of the
9		offense under 18 years of age, or criminal sexual abuse by
10		force or threat of force in which the victim of the offense was
11		at the time of the commission of the offense under 18 years of
12		age be reviewed in camera with notice to all parties present by
13		the court presiding over the criminal case, and, if ruled by
14		the court to be relevant and otherwise admissible, it shall be
15		admissible at the trial of the criminal case. Absent such a
16		ruling, any such recording or evidence shall not be admissible
17		at the trial of the criminal case;
18		(h) Recordings made simultaneously with the use of an
19		in-car video camera recording of an oral conversation between a
20		uniformed peace officer, who has identified his or her office,
21		and a person in the presence of the peace officer whenever (i)
22		an officer assigned a patrol vehicle is conducting an
23		enforcement stop; or (ii) patrol vehicle emergency lights are
24		activated or would otherwise be activated if not for the need
25		to conceal the presence of law enforcement.
26		For the purposes of this subsection (h), "enforcement stop"

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1		means an action by a law enforcement officer in relation to
2		enforcement and investigation duties, including but not
3		limited to, traffic stops, pedestrian stops, abandoned vehicle
4		contacts, motorist assists, commercial motor vehicle stops,
5		roadside safety checks, requests for identification, or
6		responses to requests for emergency assistance;
7		(h-5) Recordings of utterances made by a person while in
8		the presence of a uniformed peace officer and while an occupant
9		of a police vehicle including, but not limited to, (i)
10		recordings made simultaneously with the use of an in-car video
11		camera and (ii) recordings made in the presence of the peace
12		officer utilizing video or audio systems, or both, authorized
13		by the law enforcement agency;
14		(h-10) Recordings made simultaneously with a video camera
15		recording during the use of a taser or similar weapon or device
16		by a peace officer if the weapon or device is equipped with
17		such camera;
18		(h-15) Recordings made under subsection (h), (h-5), or
19		(h-10) shall be retained by the law enforcement agency that
20		employs the peace officer who made the recordings for a storage
21		period of 90 days, unless the recordings are made as a part of
22		an arrest or the recordings are deemed evidence in any
23		criminal, civil, or administrative proceeding and then the
24		recordings must only be destroyed upon a final disposition and
25		an order from the court. Under no circumstances shall any
26		recording be altered or erased prior to the expiration of the

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1		designated storage period. Upon completion of the storage
2		period, the recording medium may be erased and reissued for
3		operational use;
4		(i) Recording of a conversation made by or at the request
5		of a person, not a law enforcement officer or agent of a law
6		enforcement officer, who is a party to the conversation, under
7		reasonable suspicion that another party to the conversation is
8		committing, is about to commit, or has committed a criminal
9		offense against the person or a member of his or her immediate
10		household, and there is reason to believe that evidence of the
11		criminal offense may be obtained by the recording;
12		(j) The use of a telephone monitoring device by either (1)
13		a corporation or other business entity engaged in marketing or
14		opinion research or (2) a corporation or other business entity
15		engaged in telephone solicitation, as defined in this
16		subsection, to record or listen to oral telephone solicitation
17		conversations or marketing or opinion research conversations
18		by an employee of the corporation or other business entity
19		when:
20		(i) the monitoring is used for the purpose of service
21		quality control of marketing or opinion research or
22		telephone solicitation, the education or training of
23		employees or contractors engaged in marketing or opinion
24		research or telephone solicitation, or internal research
25		related to marketing or opinion research or telephone
26		solicitation; and

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1		(ii) the monitoring is used with the consent of at
2		least one person who is an active party to the marketing or
3		opinion research conversation or telephone solicitation
4		conversation being monitored.
5		No communication or conversation or any part, portion, or
6		aspect of the communication or conversation made, acquired, or
7		obtained, directly or indirectly, under this exemption (j), may
8		be, directly or indirectly, furnished to any law enforcement
9		officer, agency, or official for any purpose or used in any
10		inquiry or investigation, or used, directly or indirectly, in
11		any administrative, judicial, or other proceeding, or divulged
12		to any third party.
13		When recording or listening authorized by this subsection
14		(j) on telephone lines used for marketing or opinion research
15		or telephone solicitation purposes results in recording or
16		listening to a conversation that does not relate to marketing
17		or opinion research or telephone solicitation; the person
18		recording or listening shall, immediately upon determining
19		that the conversation does not relate to marketing or opinion
20		research or telephone solicitation, terminate the recording or
21		listening and destroy any such recording as soon as is
22		practicable.
23		Business entities that use a telephone monitoring or
24		telephone recording system pursuant to this exemption (j) shall
25		provide current and prospective employees with notice that the
26		monitoring or recordings may occur during the course of their

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1		employment. The notice shall include prominent signage
2		notification within the workplace.
3		Business entities that use a telephone monitoring or
4		telephone recording system pursuant to this exemption (j) shall
5		provide their employees or agents with access to personal-only
6		telephone lines which may be pay telephones, that are not
7		subject to telephone monitoring or telephone recording.
8		For the purposes of this subsection (j), "telephone
9		solicitation" means a communication through the use of a
10		telephone by live operators:
11		(i) soliciting the sale of goods or services;
12		(ii) receiving orders for the sale of goods or
13		services;
14		(iii) assisting in the use of goods or services; or
15		(iv) engaging in the solicitation, administration, or
16		collection of bank or retail credit accounts.
17		For the purposes of this subsection (j), "marketing or
18		opinion research" means a marketing or opinion research
19		interview conducted by a live telephone interviewer engaged by
20		a corporation or other business entity whose principal business
21		is the design, conduct, and analysis of polls and surveys
22		measuring the opinions, attitudes, and responses of
23		respondents toward products and services, or social or
24		political issues, or both;
25		(k) Electronic recordings, including but not limited to, a
26		motion picture, videotape, digital, or other visual or audio

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1		recording, made of a custodial interrogation of an individual
2		at a police station or other place of detention by a law
3		enforcement officer under Section 5-401.5 of the Juvenile Court
4		Act of 1987 or Section 103-2.1 of the Code of Criminal
5		Procedure of 1963;
6		(l) Recording the interview or statement of any person when
7		the person knows that the interview is being conducted by a law
8		enforcement officer or prosecutor and the interview takes place
9		at a police station that is currently participating in the
10		Custodial Interview Pilot Program established under the
11		Illinois Criminal Justice Information Act;
12		(m) An electronic recording, including but not limited to,
13		a motion picture, videotape, digital, or other visual or audio
14		recording, made of the interior of a school bus while the
15		school bus is being used in the transportation of students to
16		and from school and school-sponsored activities, when the
17		school board has adopted a policy authorizing such recording,
18		notice of such recording policy is included in student
19		handbooks and other documents including the policies of the
20		school, notice of the policy regarding recording is provided to
21		parents of students, and notice of such recording is clearly
22		posted on the door of and inside the school bus.
23		Recordings made pursuant to this subsection (m) shall be
24		confidential records and may only be used by school officials
25		(or their designees) and law enforcement personnel for
26		investigations, school disciplinary actions and hearings,

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1		proceedings under the Juvenile Court Act of 1987, and criminal
2		prosecutions, related to incidents occurring in or around the
3		school bus;
4		(n) Recording or listening to an audio transmission from a
5		microphone placed by a person under the authority of a law
6		enforcement agency inside a bait car surveillance vehicle while
7		simultaneously capturing a photographic or video image;
8		(o) The use of an eavesdropping camera or audio device
9		during an ongoing hostage or barricade situation by a law
10		enforcement officer or individual acting on behalf of a law
11		enforcement officer when the use of such device is necessary to
12		protect the safety of the general public, hostages, or law
13		enforcement officers or anyone acting on their behalf;
14		(p) Recording or listening with the aid of any device to
15		incoming telephone calls of phone lines publicly listed or
16		advertised as the "CPS Violence Prevention Hotline", but only
17		where the notice of recording is given at the beginning of each
18		call as required by Section 34-21.8 of the School Code. The
19		recordings may be retained only by the Chicago Police
20		Department or other law enforcement authorities, and shall not
21		be otherwise retained or disseminated;
22		(q)(1) With prior request to and written or verbal approval
23		of the State's Attorney of the county in which the conversation
24		is anticipated to occur, recording or listening with the aid of
25		an eavesdropping device to a conversation in which a law
26		enforcement officer, or any person acting at the direction of a

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

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

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

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1		acting at the direction of a law enforcement officer who
2		has consented to the conversation being intercepted or
3		recorded suffers great bodily injury or is killed during
4		the commission of the charged forcible felony.
5		(5) Compliance with the provisions of this subsection is a
6		prerequisite to the admissibility in evidence of any part of
7		the contents of any wire, electronic or oral communication that
8		has been intercepted as a result of this exception, but nothing
9		in this subsection shall be deemed to prevent a court from
10		otherwise excluding the evidence on any other ground recognized
11		by State or federal law, nor shall anything in this subsection
12		be deemed to prevent a court from independently reviewing the
13		admissibility of the evidence for compliance with the Fourth
14		Amendment to the U.S. Constitution or with Article I, Section 6
15		of the Illinois Constitution.
16		(6) Use of recordings or intercepts unrelated to qualified
17		offenses. Whenever any private conversation or private
18		electronic communication has been recorded or intercepted as a
19		result of this exception that is not related to an offense for
20		which the recording or intercept is admissible under paragraph
21		(4) of this subsection (q), no part of the contents of the
22		communication and evidence derived from the communication may
23		be received in evidence in any trial, hearing, or other
24		proceeding in or before any court, grand jury, department,
25		officer, agency, regulatory body, legislative committee, or
26		other authority of this State, or a political subdivision of

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1		the State, nor may it be publicly disclosed in any way.
2		(6.5) The Department of State Police shall adopt rules as
3		are necessary concerning the use of devices, retention of
4		recordings, and reports regarding their use under this
5		subsection (q).
6		(7) Definitions. For the purposes of this subsection (q)
7		only:
8		"Forcible felony" includes and is limited to those
9		offenses contained in Section 2-8 of the Criminal Code of
10		1961 as of the effective date of this amendatory Act of the
11		97th General Assembly, and only as those offenses have been
12		defined by law or judicial interpretation as of that date.
13		"Qualified offense" means and is limited to:
14		(A) a felony violation of the Cannabis Control Act,
15		the Illinois Controlled Substances Act, or the
16		Methamphetamine Control and Community Protection Act,
17		except for violations of:
18		(i) Section 4 of the Cannabis Control Act;
19		(ii) Section 402 of the Illinois Controlled
20		Substances Act; and
21		(iii) Section 60 of the Methamphetamine
22		Control and Community Protection Act; and
23		(B) first degree murder, solicitation of murder
24		for hire, predatory criminal sexual assault of a child,
25		criminal sexual assault, aggravated criminal sexual
26		assault, aggravated arson, kidnapping, aggravated

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1		kidnapping, child abduction, trafficking in persons,
2		involuntary servitude, involuntary sexual servitude of
3		a minor, or gunrunning.
4		"State's Attorney" includes and is limited to the
5		State's Attorney or an assistant State's Attorney
6		designated by the State's Attorney to provide verbal
7		approval to record or intercept conversations under this
8		subsection (q).
9		(8) Sunset. This subsection (q) is inoperative on and after
10		January 1, 2023 2020. No conversations intercepted pursuant to
11		this subsection (q), while operative, shall be inadmissible in
12		a court of law by virtue of the inoperability of this
13		subsection (q) on January 1, 2023 2020.
14		(9) Recordings, records, and custody. Any private
15		conversation or private electronic communication intercepted
16		by a law enforcement officer or a person acting at the
17		direction of law enforcement shall, if practicable, be recorded
18		in such a way as will protect the recording from editing or
19		other alteration. Any and all original recordings made under
20		this subsection (q) shall be inventoried without unnecessary
21		delay pursuant to the law enforcement agency's policies for
22		inventorying evidence. The original recordings shall not be
23		destroyed except upon an order of a court of competent
24		jurisdiction; and
25		(r) Electronic recordings, including but not limited to,
26		motion picture, videotape, digital, or other visual or audio

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1		recording, made of a lineup under Section 107A-2 of the Code of
2		Criminal Procedure of 1963.
3		(Source: P.A. 100-572, eff. 12-29-17.)
4		Section 99. Effective date. This Act takes effect upon
5		becoming law.