HB 3944 — CRIM CD-EAVESDROPPING EXEMPT

*LRB09713353RLC58791b* HB3944 97THEngrossed GENERALLRB097 ASSEMBLY13353 StateRLC of58791 Illinoisb andAN 2012ACT HB3944concerning Introducedcriminal 1/10/2012,law. by Rep.

Elaine Nekritz SYNOPSIS AS INTRODUCED:

ILCS 5/14-3 Amends the Criminal Code of 1961.

Exempts from an eavesdropping violation the recording of a peace officer who is performing a public duty in a public place and speaking at a volume audible to the unassisted human ear.

Provides that for the purposes of the telephone solicitation and marketing and opinion research exception to the eavesdropping statute, permits a non-employee to record the conversation if the corporation or other business entity announces it may record or listen to a telephone conversation with a non-employee.

LRB097 13353 RLC 58791 b A BILL FOR HB3944 LRB097 13353 RLC 58791 b AN ACT concerning criminal law.

(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 HB3944 Engrossed - 2 - LRB097 13353 RLC 58791 b 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;

(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 HB3944 Engrossed - 3 - LRB097 13353 RLC 58791 b 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 for forced labor or services 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 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.

(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 HB3944 Engrossed - 4 - LRB097 13353 RLC 58791 b 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.

(g-6) With approval of the State's Attorney of the county HB3944 Engrossed - 5 - LRB097 13353 RLC 58791 b 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 for forced labor or services, 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.

Any recording or evidence obtained or derived in the course of an investigation HB3944 Engrossed - 6 - LRB097 13353 RLC 58791 b of involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons for forced labor or services, 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 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 for forced labor or services, 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 HB3944 Engrossed - 7 - LRB097 13353 RLC 58791 b 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.

(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 HB3944 Engrossed - 8 - LRB097 13353 RLC 58791 b officer utilizing video or audio systems, or both, authorized by the law enforcement agency;

HB3944 Engrossed - 9 - LRB097 13353 RLC 58791 b (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:

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 HB3944 Engrossed - 10 - LRB097 13353 RLC 58791 b to any third party.

IfFor athe corporationpurposes orof otherthis businesssubsection entity(j), announces"telephone itsolicitation" maymeans record or listen to a telephonecommunication conversationthrough with a non-employee under this subsection (j), the non-employeeuse mayof recorda thetelephone conversationby aslive well.operators:

HB3944 - 11 - LRB097 13353 RLC 58791 b For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a telephone by live operators:

HB3944 Engrossed - 11 - LRB097 13353 RLC 58791 b (ii) receiving orders for the sale of goods or services;

(l) Recording the interview or statement of any person when the person knows that the interview is being conducted by a law HB3944 - 12 - LRB097 13353 RLC 58791 b 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;

HB3944 Engrossed - 12 - LRB097 13353 RLC 58791 b (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.

HB3944 - 13 - LRB097 13353 RLC 58791 b (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 HB3944 Engrossed - 13 - LRB097 13353 RLC 58791 b protect the safety of the general public, hostages, or law enforcement officers or anyone acting on their behalf;

(q) RecordingA person who is not a law enforcement officer nor acting at the direction of a peacelaw enforcement officer may record the conversation of a law enforcement officer who is performing a public duty in a public place and speakingany other person who is having a conversation with that law enforcement officer if the conversation is at a volume audible to the unassisted humanear ear.of the person who is making the recording.

8-12-11.) HB3944 Engrossed - 14 - LRB097 13353 RLC 58791 b Section 99.

Effective date.

This Act takes effect upon becoming law.