SB 1006 — CRIMINAL JUSTICE-RECORDINGS

1-1-11;

96-1331, eff.

7-27-10;

97-80, eff.

7-5-11;

97-333, eff.

8-12-11;

97-342, eff.

8-12-11;

97-813, eff.

7-13-12;

97-976, eff.

1-1-13.) Section 5.

The Illinois Criminal Justice Information Act is amended by adding Section 7.7 as follows:

(20 ILCS 3930/7.7 new) Sec.

7.7.

Electronic Recordings Database.

(a) Subject to appropriation, an Electronic Recordings Database is created within the Illinois Criminal Justice Information Authority.

(b) The Illinois Criminal Justice Information Authority shall collect and retain in the Electronic Recordings Database all abstract data of the numbers of investigations and types of crimes captured during the electronic recording of custodial interrogations under Section 5-401.5 of the Juvenile Court Act of 1987 and Section 103-2.1 of the Code of Criminal Procedure of 1963.

The Electronic Recordings Database shall serve as a repository for all of the foregoing collected abstract data.

(c) The Illinois Criminal Justice Information Authority shall develop administrative rules to provide for the SB1006 Engrossed - 6 - LRB098 05269 MRW 35301 b coordination and collection of abstract data relating to the Electronic Recordings Database from all law enforcement agencies in this State, which shall be shared only with other government agencies.

(d) The Illinois Criminal Justice Information Authority shall develop procedures and protocols for the submission of abstract data to the Database in conjunction with the agencies submitting abstract data.

Section 10.

In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those SB1006 Engrossed - 7 - LRB098 05269 MRW 35301 b persons or allegations that those persons are delinquent minors.

(b) An oral, written, or sign language statement of a minor who, at the time of the commission of the offense was under the SB1006 Enrolled - 2 - LRB098 05269 MRW 35301 b age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 93rd General Assembly shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, for an act that if committed by an adult would be brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3, of the Criminal Code of 1961 or the Criminal Code of 2012, or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless:

(b-1)(b-5) ElectronicUnder recordingsthe mayfollowing becircumstances, madean oforal, statementswritten, or sign language statement of a minor regardingwho, felonyat offensesthe intime additionof the commission of the offense was under the age of 17 years, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to thosebe enumeratedinadmissible inas subsectionevidence (b).against the minor, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:

(c)(1) Everyin electronicany recordingcriminal preparedproceeding requiredor underjuvenile thiscourt Sectionproceeding, mustfor bean preservedact untilthat suchif timecommitted asby thean minor'sadult adjudicationwould forbe anybrought offenseunder relatingSection to11-1.40 or 20-1.1 of the statementCriminal isSB1006 finalEnrolled and- all3 direct- andLRB098 habeas05269 corpusMRW appeals35301 areb exhausted,Code of 1961 or the prosecutionCriminal Code of such2012, offensesif isthe barredcustodial byinterrogation law.was conducted on or after June 1, 2014;

SB1006(2) Engrossedin -any 8criminal -proceeding LRB098or 05269juvenile MRWcourt 35301proceeding, bfor (d)an Ifact thethat courtif finds,committed by aan preponderanceadult ofwould thebe evidence,brought thatunder theSection minor10-2, was18-4, subjectedor to19-6 aof custodialthe interrogationCriminal inCode violation of subsection1961 (b)or thisthe Section,Criminal thenCode anyof statements2012, madeif by the minor during or following that non-recorded custodial interrogation,interrogation evenwas ifconducted otherwiseon in compliance with this Section, are presumed to be inadmissible in any criminal proceeding or juvenileafter courtJune proceeding1, against2015; the minor except for the purposes of impeachment.

(e)and Nothing(3) in this Section precludes the admission (i) of a statement made by the minor in open court in any criminal proceeding or juvenile court proceeding, beforefor aan grandact jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that wasif notcommitted recorded as required by thisan Sectionadult becausewould electronicbe recordingbrought wasunder notSection feasible,11-1.30 (iii)or of18-2 a voluntary statement, whether or notsubsection the(e) result of aSection custodial12-3.05 interrogation, that has a bearing on the credibility of the accusedCriminal asCode a witness, (iv) of a1961 spontaneousor statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processingCriminal ofCode the arrest of the2012, suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the SB1006 Engrossed - 9 - LRB098 05269 MRW 35301 b statement, (vii) of a statement made during a custodial interrogation thatwas is conducted out-of-state,on (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix)after ofJune any1, other2016. statement that may be admissible under law.

(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time of the commission of the offense was under the age of 17 years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary.

Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to SB1006 Enrolled - 4 - LRB098 05269 MRW 35301 b be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.

(c) Every electronic recording made required under this Section must be preserved until such time as the minor's adjudication for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.

(d) If the court finds, by a preponderance of the evidence, that the minor was subjected to a custodial interrogation in violation of this Section, then any statements made by the minor during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding or juvenile court proceeding against the minor except for the purposes of impeachment.

(e) Nothing in this Section precludes the admission (i) of a statement made by the minor in open court in any criminal proceeding or juvenile court proceeding, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement SB1006 Enrolled - 5 - LRB098 05269 MRW 35301 b made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the minor committed an act that if committed by an adult would be an offense required to be recorded under subsection (b-5), or (x) or (ix) of any other statement that may be admissible under law.

Nothing(f) inThe thispresumption Sectionof precludesinadmissibility the admission of a statement inmade by a criminalsuspect courtat proceedinga custodial interrogation at a police station SB1006 Enrolled - 6 - LRB098 05269 MRW 35301 b or juvenileother courtplace proceedingof involvingdetention may be overcome by a felonypreponderance offenseof otherthe thanevidence thosethat enumeratedthe instatement subsectionwas (b).voluntarily given and is reliable, based on the totality of the circumstances.

(f)(g) TheAny presumptionelectronic ofrecording inadmissibility of aany statement made by a suspectminor atduring a custodial interrogation atthat ais policecompiled stationby orany otherlaw placeenforcement ofagency detentionas mayrequired beby overcomethis bySection afor preponderancethe purposes of fulfilling the evidencerequirements thatof thethis statementSection wasshall voluntarilybe givenconfidential and isexempt reliable,from basedpublic oninspection and copying, as provided under Section 7 of the totalityFreedom of Information Act, and the circumstances.information shall not be transmitted to anyone except as needed to comply with this Section.

(g) Any electronic recording of any statement made by a minor during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except SB1006 Engrossed - 10 - LRB098 05269 MRW 35301 b as needed to comply with this Section.

(g-1) All law enforcement agencies shall submit monthly reports to the Electronic Recordings Database in the Illinois Criminal Justice Information Authority regarding any electronic recordings made under this Section in a form and in a manner as may be prescribed by rules adopted by the Illinois Criminal Justice Information Authority.

1-25-13.) Section 15.10.

The Criminal Code of 2012 is amended by changing Section 14-3 as follows:

(720 ILCS 5/14-3) Sec.

14-3.

Exemptions.

The following activities shall be exempt from the provisions of this Article:

SB1006 Engrossed - 11 - LRB098 05269 MRW 35301 b (a) Listening to radio, wireless and television communications of any sort where the same are publicly made;

(b) Hearing conversation when heard by employees of any common carrier by wire incidental to the normal course of their employment in the operation, maintenance or repair of the equipment of such common carrier by wire so long as no information obtained thereby is used or divulged by the hearer;

(c) Any broadcast by radio, television or otherwise whether it be a broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations are overheard incidental to the main purpose for which such broadcasts are then being made;

(d) Recording or listening with the aid of any device to any emergency communication made in the normal course of operations by any federal, state or local law enforcement agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance services, fire fighting agencies, any public utility, emergency repair facility, civilian defense establishment or military installation;

(e) Recording the proceedings of any meeting required to be open by the Open Meetings Act, as amended;

(f) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as consumer "hotlines" by manufacturers or retailers of food and drug products.

Such recordings must be SB1006 Engrossed - 12 - LRB098 05269 MRW 35301 b destroyed, erased or turned over to local law enforcement authorities within 24 hours from the time of such recording and shall not be otherwise disseminated.

Failure on the part of the individual or business operating any such recording or listening device to comply with the requirements of this subsection shall eliminate any civil or criminal immunity conferred upon that individual or business by the operation of this Section;

(g) With prior notification to the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded under circumstances where the use of the device is necessary for the protection of the law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a forcible felony, a felony offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons under Section 10-9 of this Code, an offense involving prostitution, solicitation of a sexual act, or pandering, a felony violation of the Illinois Controlled Substances Act, a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang SB1006 Engrossed - 13 - LRB098 05269 MRW 35301 b Terrorism Omnibus Prevention Act, or any felony offense involving any weapon listed in paragraphs (1) through (11) of subsection (a) of Section 24-1 of this Code.

Any recording or evidence derived as the result of this exemption shall be inadmissible in any proceeding, criminal, civil or administrative, except (i) where a party to the conversation suffers great bodily injury or is killed during such conversation, or (ii) when used as direct impeachment of a witness concerning matters contained in the interception or recording.

The Director of the Department of State Police shall issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use;

(g-5) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of any offense defined in Article 29D of this Code.

In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use.

In the absence of such an order, or upon its denial, any continuing use shall immediately terminate.

The Director of State Police shall issue rules as are necessary concerning the use of devices, retention SB1006 Engrossed - 14 - LRB098 05269 MRW 35301 b of tape recordings, and reports regarding their use.

Any recording or evidence obtained or derived in the course of an investigation of any offense defined in Article 29D of this Code shall, upon motion of the State's Attorney or Attorney General prosecuting any violation of Article 29D, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case.

This subsection (g-5) is inoperative on and after January 1, 2005.

No conversations recorded or monitored pursuant to this subsection (g-5) shall be inadmissible in a court of law by virtue of the repeal of this subsection (g-5) on January 1, 2005;

(g-6) With approval of the State's Attorney of the county in which it is to occur, recording or listening with the aid of any device to any conversation where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation and has consented to it being intercepted or recorded in the course of an investigation of involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at SB1006 Engrossed - 15 - LRB098 05269 MRW 35301 b the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age.

In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within 48 hours of the commencement of such use.

In the absence of such an order, or upon its denial, any continuing use shall immediately terminate.

The Director of State Police shall issue rules as are necessary concerning the use of devices, retention of recordings, and reports regarding their use.

Any recording or evidence obtained or derived in the course of an investigation of involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the SB1006 Engrossed - 16 - LRB098 05269 MRW 35301 b commission of the offense under 18 years of age shall, upon motion of the State's Attorney or Attorney General prosecuting any case involving involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, child pornography, aggravated child pornography, indecent solicitation of a child, child abduction, luring of a minor, sexual exploitation of a child, predatory criminal sexual assault of a child, aggravated criminal sexual abuse in which the victim of the offense was at the time of the commission of the offense under 18 years of age, criminal sexual abuse by force or threat of force in which the victim of the offense was at the time of the commission of the offense under 18 years of age, or aggravated criminal sexual assault in which the victim of the offense was at the time of the commission of the offense under 18 years of age, be reviewed in camera with notice to all parties present by the court presiding over the criminal case, and, if ruled by the court to be relevant and otherwise admissible, it shall be admissible at the trial of the criminal case.

Absent such a ruling, any such recording or evidence shall not be admissible at the trial of the criminal case;

(h) Recordings made simultaneously with the use of an in-car video camera recording of an oral conversation between a uniformed peace officer, who has identified his or her office, and a person in the presence of the peace officer whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop;

or (ii) patrol vehicle emergency lights are SB1006 Engrossed - 17 - LRB098 05269 MRW 35301 b activated or would otherwise be activated if not for the need to conceal the presence of law enforcement.

For the purposes of this subsection (h), "enforcement stop" means an action by a law enforcement officer in relation to enforcement and investigation duties, including but not limited to, traffic stops, pedestrian stops, abandoned vehicle contacts, motorist assists, commercial motor vehicle stops, roadside safety checks, requests for identification, or responses to requests for emergency assistance;

(h-5) Recordings of utterances made by a person while in the presence of a uniformed peace officer and while an occupant of a police vehicle including, but not limited to, (i) recordings made simultaneously with the use of an in-car video camera and (ii) recordings made in the presence of the peace officer utilizing video or audio systems, or both, authorized by the law enforcement agency;

(h-10) Recordings made simultaneously with a video camera recording during the use of a taser or similar weapon or device by a peace officer if the weapon or device is equipped with such camera;

(h-15) Recordings made under subsection (h), (h-5), or (h-10) shall be retained by the law enforcement agency that employs the peace officer who made the recordings for a storage period of 90 days, unless the recordings are made as a part of an arrest or the recordings are deemed evidence in any criminal, civil, or administrative proceeding and then the SB1006 Engrossed - 18 - LRB098 05269 MRW 35301 b recordings must only be destroyed upon a final disposition and an order from the court.

Under no circumstances shall any recording be altered or erased prior to the expiration of the designated storage period.

Upon completion of the storage period, the recording medium may be erased and reissued for operational use;

(i) Recording of a conversation made by or at the request of a person, not a law enforcement officer or agent of a law enforcement officer, who is a party to the conversation, under reasonable suspicion that another party to the conversation is committing, is about to commit, or has committed a criminal offense against the person or a member of his or her immediate household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;

(j) The use of a telephone monitoring device by either (1) a corporation or other business entity engaged in marketing or opinion research or (2) a corporation or other business entity engaged in telephone solicitation, as defined in this subsection, to record or listen to oral telephone solicitation conversations or marketing or opinion research conversations by an employee of the corporation or other business entity when:

(i) the monitoring is used for the purpose of service quality control of marketing or opinion research or telephone solicitation, the education or training of employees or contractors engaged in marketing or opinion SB1006 Engrossed - 19 - LRB098 05269 MRW 35301 b research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation;

and (ii) the monitoring is used with the consent of at least one person who is an active party to the marketing or opinion research conversation or telephone solicitation conversation being monitored.

No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or obtained, directly or indirectly, under this exemption (j), may be, directly or indirectly, furnished to any law enforcement officer, agency, or official for any purpose or used in any inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.

When recording or listening authorized by this subsection (j) on telephone lines used for marketing or opinion research or telephone solicitation purposes results in recording or listening to a conversation that does not relate to marketing or opinion research or telephone solicitation;

the person recording or listening shall, immediately upon determining that the conversation does not relate to marketing or opinion research or telephone solicitation, terminate the recording or listening and destroy any such recording as soon as is practicable.

Business entities that use a telephone monitoring or SB1006 Engrossed - 20 - LRB098 05269 MRW 35301 b telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the monitoring or recordings may occur during the course of their employment.

The notice shall include prominent signage notification within the workplace.

Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide their employees or agents with access to personal-only telephone lines which may be pay telephones, that are not subject to telephone monitoring or telephone recording.

For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:

(i) soliciting the sale of goods or services;

(ii) receiving orders for the sale of goods or services;

(iii) assisting in the use of goods or services;

or (iv) engaging in the solicitation, administration, or collection of bank or retail credit accounts.

For the purposes of this subsection (j), "marketing or opinion research" means a marketing or opinion research interview conducted by a live telephone interviewer engaged by a corporation or other business entity whose principal business is the design, conduct, and analysis of polls and surveys measuring the opinions, attitudes, and responses of respondents toward products and services, or social or SB1006 Engrossed - 21 - LRB098 05269 MRW 35301 b political issues, or both;

(k) Electronic recordings, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of a custodial interrogation of an individual at a police station or other place of detention by a law enforcement officer or prosecutor under Section 5-401.5 of the Juvenile Court Act of 1987 or Section 103-2.1 of the Code of Criminal Procedure of 1963;

(l) Recording the interview or statement of any person when the person knows that the interview is being conducted by a law enforcement officer or prosecutor and the interview takes place at a police station that is currently participating in the Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act;

(m) An electronic recording, including but not limited to, a motion picture, videotape, digital, or other visual or audio recording, made of the interior of a school bus while the school bus is being used in the transportation of students to and from school and school-sponsored activities, when the school board has adopted a policy authorizing such recording, notice of such recording policy is included in student handbooks and other documents including the policies of the school, notice of the policy regarding recording is provided to parents of students, and notice of such recording is clearly posted on the door of and inside the school bus.

Recordings made pursuant to this subsection (m) shall be SB1006 Engrossed - 22 - LRB098 05269 MRW 35301 b confidential records and may only be used by school officials (or their designees) and law enforcement personnel for investigations, school disciplinary actions and hearings, proceedings under the Juvenile Court Act of 1987, and criminal prosecutions, related to incidents occurring in or around the school bus;

(n) Recording or listening to an audio transmission from a microphone placed by a person under the authority of a law enforcement agency inside a bait car surveillance vehicle while simultaneously capturing a photographic or video image;

(o) The use of an eavesdropping camera or audio device during an ongoing hostage or barricade situation by a law enforcement officer or individual acting on behalf of a law enforcement officer when the use of such device is necessary to protect the safety of the general public, hostages, or law enforcement officers or anyone acting on their behalf;

(p) Recording or listening with the aid of any device to incoming telephone calls of phone lines publicly listed or advertised as the "CPS Violence Prevention Hotline", but only where the notice of recording is given at the beginning of each call as required by Section 34-21.8 of the School Code.

The recordings may be retained only by the Chicago Police Department or other law enforcement authorities, and shall not be otherwise retained or disseminated;

and (q)(1) With prior request to and verbal approval of the State's Attorney of the county in which the conversation is SB1006 Engrossed - 23 - LRB098 05269 MRW 35301 b anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a drug offense.

The State's Attorney may grant this verbal approval only after determining that reasonable cause exists to believe that a drug offense will be committed by a specified individual or individuals within a designated period of time.

(2) Request for approval.

To invoke the exception contained in this subsection (q), a law enforcement officer shall make a written or verbal request for approval to the appropriate State's Attorney.

This request for approval shall include whatever information is deemed necessary by the State's Attorney but shall include, at a minimum, the following information about each specified individual whom the law enforcement officer believes will commit a drug offense:

(A) his or her full or partial name, nickname or alias;

(B) a physical description;

or (C) failing either (A) or (B) of this paragraph (2), any other supporting information known to the law enforcement officer at the time of the request that gives rise to reasonable cause to believe the individual will commit a drug offense.

(3) Limitations on verbal approval.

Each verbal approval by SB1006 Engrossed - 24 - LRB098 05269 MRW 35301 b the State's Attorney under this subsection (q) shall be limited to:

(A) a recording or interception conducted by a specified law enforcement officer or person acting at the direction of a law enforcement officer;

(B) recording or intercepting conversations with the individuals specified in the request for approval, provided that the verbal approval shall be deemed to include the recording or intercepting of conversations with other individuals, unknown to the law enforcement officer at the time of the request for approval, who are acting in conjunction with or as co-conspirators with the individuals specified in the request for approval in the commission of a drug offense;

(C) a reasonable period of time but in no event longer than 24 consecutive hours.

(4) Admissibility of evidence.

No part of the contents of any wire, electronic, or oral communication that has been recorded or intercepted as a result of this exception may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, other than in a prosecution of:

(A) a drug offense;

(B) a forcible felony committed directly in the course SB1006 Engrossed - 25 - LRB098 05269 MRW 35301 b of the investigation of a drug offense for which verbal approval was given to record or intercept a conversation under this subsection (q);

or (C) any other forcible felony committed while the recording or interception was approved in accordance with this Section (q), but for this specific category of prosecutions, only if the law enforcement officer or person acting at the direction of a law enforcement officer who has consented to the conversation being intercepted or recorded suffers great bodily injury or is killed during the commission of the charged forcible felony.

(5) Compliance with the provisions of this subsection is a prerequisite to the admissibility in evidence of any part of the contents of any wire, electronic or oral communication that has been intercepted as a result of this exception, but nothing in this subsection shall be deemed to prevent a court from otherwise excluding the evidence on any other ground, nor shall anything in this subsection be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S.

Constitution or with Article I, Section 6 of the Illinois Constitution.

(6) Use of recordings or intercepts unrelated to drug offenses.

Whenever any wire, electronic, or oral communication has been recorded or intercepted as a result of this exception that is not related to a drug offense or a forcible felony committed in the course of a drug offense, no part of the SB1006 Engrossed - 26 - LRB098 05269 MRW 35301 b contents of the communication and evidence derived from the communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this State, or a political subdivision of the State, nor may it be publicly disclosed in any way.

(7) Definitions.

For the purposes of this subsection (q) only:

"Drug offense" includes and is limited to a felony violation of one of the following:

(A) the Illinois Controlled Substances Act, (B) the Cannabis Control Act, and (C) the Methamphetamine Control and Community Protection Act.

"Forcible felony" includes and is limited to those offenses contained in Section 2-8 of the Criminal Code of 1961 as of the effective date of this amendatory Act of the 97th General Assembly, and only as those offenses have been defined by law or judicial interpretation as of that date.

"State's Attorney" includes and is limited to the State's Attorney or an assistant State's Attorney designated by the State's Attorney to provide verbal approval to record or intercept conversations under this subsection (q).

(8) Sunset.

This subsection (q) is inoperative on and after January 1, 2015.

No conversations intercepted pursuant to this SB1006 Engrossed - 27 - LRB098 05269 MRW 35301 b subsection (q), while operative, shall be inadmissible in a court of law by virtue of the inoperability of this subsection (q) on January 1, 2015.

(Source:

P.A.

96-425, eff.

8-13-09;

96-547, eff.

1-1-10;

96-643, eff.

1-1-10;

96-670, eff.

8-25-09;

96-1000, eff.

7-2-10;

96-1425, eff.

1-1-11;

96-1464, eff.

8-20-10;

97-333, eff.

8-12-11;

97-846, eff.

1-1-13;

97-897, eff.

1-1-13;

revised 8-23-12.) Section 20.

SB1006 Enrolled - 7 - LRB098 05269 MRW 35301 b (725 ILCS 5/103-2.1) Sec.

SB1006 Engrossed - 28 - LRB098 05269 MRW 35301 b In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording.

(b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3 of the Criminal Code of 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code unless:

(1) an electronic recording is made of the custodial SB1006 Enrolled - 8 - LRB098 05269 MRW 35301 b interrogation;

(b-1)(b-5) ElectronicUnder recordingsthe mayfollowing becircumstances, madean oforal, statementswritten, or sign language statement of an accused regardingmade felonyas offensesa inresult additionof a custodial interrogation conducted at a police station or other place of detention shall be presumed to thosebe enumeratedinadmissible inas subsectionevidence (b).against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:

(c)(1) Everyin electronicany recordingcriminal preparedproceeding requiredbrought under this Section must11-1.40 beor preserved20-1.1 untilof such time as the defendant'sCriminal convictionCode forof any1961 offenseor relating to the statementCriminal isCode finalof and2012, allif directthe andcustodial habeasinterrogation corpuswas appealsconducted areon exhausted, or theafter prosecutionJune of1, such2014; offenses is barred by law.

(d)(2) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of subsection (b) this Section, then any SB1006criminal Engrossedproceeding -brought 29under -Section LRB09810-2, 0526918-4, MRWor 3530119-6 bof statementsthe madeCriminal byCode theof defendant1961 during or followingthe thatCriminal non-recordedCode custodialof interrogation,2012, even if otherwisethe incustodial complianceinterrogation withwas thisconducted Section,on areor presumedafter toJune be1, inadmissible2015; in any criminal proceeding against the defendant except for the purposes of impeachment.

(e)and Nothing(3) in thisany Sectioncriminal precludesproceeding thebrought admissionunder (i)Section of11-1.30 a statement made by the accused in open court at his or her18-2 trial, before a grand jury, or atsubsection a(e) preliminary hearing, (ii) of aSection statement12-3.05 made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the resultCriminal ofCode a custodial interrogation, that has a bearing on the credibility of the1961 accusedor as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processingCriminal ofCode the arrest of the2012, suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation thatwas is conducted out-of-state,on (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or SB1006after EngrossedJune -1, 302016. - LRB098 05269 MRW 35301 b (ix) of any other statement that may be admissible under law.

The(b-10) StateIf, shallduring bear the burdencourse of proving,an byelectronically arecorded preponderancecustodial ofinterrogation conducted under this Section, the evidence,accused makes a statement that onecreates ofa reasonable suspicion SB1006 Enrolled - 9 - LRB098 05269 MRW 35301 b to believe the exceptionsaccused describedhas incommitted thisan offense other than an offense required to be recorded under subsection (e)(b) isor applicable.(b-5), the interrogators may, without the accused's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary.

Any oral, written, or sign language statement of an accused made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding, unless the recording is substantially accurate and not intentionally altered.

(c) Every electronic recording made required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.

(d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non-recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment.

(e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) SB1006 Enrolled - 10 - LRB098 05269 MRW 35301 b of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out-of-state, (viii) of a statement given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded under subsection (b-5), or (x) or (ix) of any other statement that may be admissible under law.

The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this SB1006 Enrolled - 11 - LRB098 05269 MRW 35301 b subsection (e) is applicable.

Nothing in this Section precludes the admission of a statement in a prosecution for a felony offense other than those enumerated in subsection (b).

(h) All law enforcement agencies shall submit monthly reports to the Electronic Recordings Database in the Illinois Criminal Justice Information Authority regarding any electronic recordings made under this Section in a form and in SB1006 Engrossed - 31 - LRB098 05269 MRW 35301 b a manner as may be prescribed by rules adopted by the Illinois Criminal Justice Information Authority.