Illinois 95th Regular Session Status: Enacted

HB 39 — CRIM CD-EAVESDROPPING EXEMPT

Last action — Public Act . . . . . . . . . 95-0463

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2006. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Includes, in the activities that are exempt from the Eavesdropping Article of the Code, intercepting, recording, or listening to, with the approval of the State's Attorney, a conversation or electronic communication where a law enforcement officer, or a person acting at the direction of law enforcement, is a party to the conversation or electronic communication and has consented to it being intercepted or recorded in the course of an investigation of child pornography.

Bill Text

What changed in the latest version

123 added · 107 removed

Plain-language change summary

The recent changes to Bill HB 39 clarify the rules regarding the recording of conversations during child pornography investigations involving law enforcement. The language now specifies that recordings can only take place if there's an order approved within 48 hours, ensuring that law enforcement's use of recording devices is closely regulated. Additionally, any recordings obtained must be evaluated by a court to determine their relevance before they can be used in court cases. This strengthens privacy protections while still enabling law enforcement to gather necessary evidence.

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Latest
HB0039 Engrossed LRB095 03732 RLC 23759 b AN ACT concerning criminal law.
HB0039 Enrolled LRB095 03732 RLC 23759 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 HB0039 Engrossed - 2 - LRB095 03732 RLC 23759 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;
(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 HB0039 Enrolled - 2 - LRB095 03732 RLC 23759 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 HB0039 Engrossed - 3 - LRB095 03732 RLC 23759 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 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, or any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act.
(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 HB0039 Enrolled - 3 - LRB095 03732 RLC 23759 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 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, or any "streetgang related" or "gang-related" felony as those terms are defined in the Illinois Streetgang Terrorism Omnibus Prevention Act.
In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within HB0039 Engrossed - 4 - LRB095 03732 RLC 23759 b 48 hours of the commencement of such use.
In all such cases, an application for an order approving the previous or continuing use of an eavesdropping device must be made within HB0039 Enrolled - 4 - LRB095 03732 RLC 23759 b 48 hours of the commencement of such use.
(g-6) With approval of the State’s Attorney of the county in which it is to occur, intercepting, recording, or listening with the aid of any device to any conversation or electronic communication where a law enforcement officer, or any person acting at the direction of law enforcement, is a party to the conversation or electronic communication and has consented to it being intercepted or recorded in the course of an investigation of child pornography;
(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 child pornography.
HB0039 Engrossed - 5 - LRB095 03732 RLC 23759 b (h) Recordings made simultaneously with a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
In all such cases, an application for an order approving the previous or continuing use of an HB0039 Enrolled - 5 - LRB095 03732 RLC 23759 b eavesdropping device must be made within 48 hours of the commencement of such 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;
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 child pornography shall, upon motion of the State’s Attorney or Attorney General prosecuting any case involving child pornography, 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 a video recording of an oral conversation between a peace officer, who has identified his or her office, and a person stopped for an investigation of an offense under the Illinois Vehicle Code;
(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 HB0039 Enrolled - 6 - LRB095 03732 RLC 23759 b criminal offense may be obtained by the recording;
(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 research or telephone solicitation, or internal research related to marketing or opinion research or telephone HB0039 Engrossed - 6 - LRB095 03732 RLC 23759 b solicitation;
(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 research or telephone solicitation, or internal research related to marketing or opinion research or telephone solicitation;
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.
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 HB0039 Enrolled - 7 - LRB095 03732 RLC 23759 b any administrative, judicial, or other proceeding, or divulged to any third party.
Business entities that use a telephone monitoring or telephone recording system pursuant to this exemption (j) shall provide current and prospective employees with notice that the HB0039 Engrossed - 7 - LRB095 03732 RLC 23759 b monitoring or recordings may occur during the course of their employment.
Business entities that use a telephone monitoring or 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.
(i) soliciting the sale of goods or services;
HB0039 Enrolled - 8 - LRB095 03732 RLC 23759 b (i) soliciting the sale of goods or services;
(k) Electronic recordings, including but not limited to, a HB0039 Engrossed - 8 - LRB095 03732 RLC 23759 b 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 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;
(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 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;
and (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.
and (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 HB0039 Enrolled - 9 - LRB095 03732 RLC 23759 b Illinois Criminal Justice Information Act.
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Action History

  1. Public Act . . . . . . . . . 95-0463

  2. Effective Date June 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 109-000-000

  7. Final Action Deadline Extended-9(b) June 8, 2007

  8. Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000

  9. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  10. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Brent Hassert

  11. Added Co-Sponsor Rep. Susana A Mendoza

  12. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  13. Arrived in House

  14. Third Reading - Passed; 053-000-000

  15. Placed on Calendar Order of 3rd Reading May 17, 2007

  16. Second Reading

  17. Placed on Calendar Order of 2nd Reading May 16, 2007

  18. Do Pass as Amended Judiciary Criminal Law; 006-000-000

  19. Senate Committee Amendment No. 1 Adopted

  20. Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law

  21. Senate Committee Amendment No. 1 Referred to Rules

  22. Senate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi

  23. Postponed - Judiciary Criminal Law

  24. Assigned to Judiciary Criminal Law

  25. Referred to Rules

  26. First Reading

  27. Chief Senate Sponsor Sen. A. J. Wilhelmi

  28. Placed on Calendar Order of First Reading

  29. Arrive in Senate

  30. Third Reading - Short Debate - Passed 071-034-007

  31. Added Co-Sponsor Rep. Patricia R. Bellock

  32. Removed Co-Sponsor Rep. Dennis M. Reboletti

  33. Added Chief Co-Sponsor Rep. Dennis M. Reboletti

  34. Remove Chief Co-Sponsor Rep. Patricia R. Bellock

  35. Placed on Calendar Order of 3rd Reading - Short Debate

  36. Second Reading - Short Debate

  37. Added Chief Co-Sponsor Rep. Tom Cross

  38. Remove Chief Co-Sponsor Rep. Brent Hassert

  39. Chief Sponsor Changed to Rep. Brent Hassert

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-003-001

  42. Added Co-Sponsor Rep. Fred Crespo

  43. Added Co-Sponsor Rep. Sandy Cole

  44. Removed Co-Sponsor Rep. Sandy Cole

  45. Added Co-Sponsor Rep. Dan Brady

  46. Assigned to Judiciary II - Criminal Law Committee

  47. Added Co-Sponsor Rep. Ed Sullivan, Jr.

  48. Removed Co-Sponsor Rep. Sandra M. Pihos

  49. Added Chief Co-Sponsor Rep. Sandra M. Pihos

  50. Remove Chief Co-Sponsor Rep. Ed Sullivan, Jr.

  51. Added Co-Sponsor Rep. Dennis M. Reboletti

  52. Added Co-Sponsor Rep. Mike Fortner

  53. Added Co-Sponsor Rep. Sandy Cole

  54. Added Co-Sponsor Rep. Franco Coladipietro

  55. Added Co-Sponsor Rep. Ruth Munson

  56. Referred to Rules Committee

  57. First Reading

  58. Added Co-Sponsor Rep. Patricia Reid Lindner

  59. Added Co-Sponsor Rep. Jil Tracy

  60. Added Co-Sponsor Rep. David R. Leitch

  61. Added Co-Sponsor Rep. Raymond Poe

  62. Added Co-Sponsor Rep. Michael P. McAuliffe

  63. Added Co-Sponsor Rep. Elizabeth Coulson

  64. Added Co-Sponsor Rep. Aaron Schock

  65. Added Co-Sponsor Rep. Jerry L. Mitchell

  66. Added Co-Sponsor Rep. Ron Stephens

  67. Added Co-Sponsor Rep. Renée Kosel

  68. Added Co-Sponsor Rep. Dave Winters

  69. Added Co-Sponsor Rep. JoAnn D. Osmond

  70. Added Co-Sponsor Rep. Harry R. Ramey, Jr.

  71. Added Co-Sponsor Rep. Sandra M. Pihos

  72. Added Co-Sponsor Rep. Paul D. Froehlich

  73. Added Co-Sponsor Rep. Joe Dunn

  74. Added Co-Sponsor Rep. Robert W. Pritchard

  75. Added Co-Sponsor Rep. Jim Watson

  76. Added Chief Co-Sponsor Rep. Ed Sullivan, Jr.

  77. Added Chief Co-Sponsor Rep. Patricia R. Bellock

  78. Added Chief Co-Sponsor Rep. Carolyn H. Krause

  79. Added Chief Co-Sponsor Rep. Brent Hassert

  80. Prefiled with Clerk by Rep. Tom Cross

Sponsors

  • Brent Hassert · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 6 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Brent Hassert

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 109 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 96009
Democrat 9000
Republican 4000
Total 109009
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
Mautino — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Reitz — Yea
Bradley, John — Yea
Madigan — Yea
Bradley, Richard — Yea
Mendoza — Yea
Brady — Yea
Mitchell, Bill — Yea
Meyer — Yea
Moffitt — Yea
Mitchell, Jerry — Yea
Mulligan — Yea
Munson — Yea
Burke — Yea
Sullivan — Yea
Nekritz — Yea
Hannig — Yea
Phelps — Yea
Harris — Yea
Pihos — Yea
Schock — Yea
Hernandez — Yea
Scully — Yea
Tryon — Yea
Turner — Yea
Watson — Yea
Howard — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Davis, Monique — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Durkin — Not Voting
Froehlich — Yea
Golar — Yea
Graham — Not Voting
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Yarbrough — Not Voting
Coulson — Not Voting
Lyons — Yea
McGuire — Yea
Dugan — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Osmond — Yea
Osterman — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Molaro — Yea
Fritchey — Not Voting
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Cullerton — Yea
Watson — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Jones, J. — Yea
Demuzio — Yea
Lauzen — Yea
Munoz — Not Voting
Jacobs — Not Voting
Meeks — Not Voting
Peterson — Yea
Radogno — Yea
Sieben — Not Voting
Wilhelmi — Yea
Cronin — Not Voting
DeLeo — Yea
Dillard — Yea
Kotowski — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 71 Yea · 34 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 6728010
Democrat 2502
Republican 2101
Total 7134013
% of votes cast 60%29%0%11%
How each member voted (118)
Member Party Vote
Munson — Yea
Granberg — Yea
Jefferson — Yea
Krause — Yea
Lindner — Yea
Madigan — Yea
McAuliffe — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Myers — Yea
Osmond — Yea
Pihos — Yea
Leitch — Not Voting
Schock — Yea
McCarthy — Nay
Molaro — Nay
Nekritz — Nay
Harris — Nay
Osterman — Nay
Howard — Nay
Patterson — Not Voting
Davis, Monique — Nay
Lyons — Not Voting
Phelps — Nay
Scully — Nay
Turner — Nay
Verschoore — Nay
Bradley, John — Not Voting
Washington — Nay
Yarbrough — Not Voting
Younge — Nay
Colvin — Not Voting
Currie — Nay
D'Amico — Not Voting
Flowers — Nay
Fritchey — Nay
Graham — Nay
Hamos — Nay
Holbrook — Not Voting
Jefferies — Nay
Sommer — Yea
Soto — Yea
McGuire — Yea
Tryon — Yea
Wait — Yea
Winters — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Hernandez — Yea
Watson — Yea
Reitz — Nay
Coladipietro — Yea
Cole — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Dugan — Yea
Dunkin — Nay
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Nay
Ryg — Nay
Sacia — Yea
Saviano — Yea
Schmitz — Not Voting
Lang — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Nay
Bellock — Yea
Mathias — Yea
Berrios — Yea
Mautino — Nay
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Nay
Bost — Yea
Brauer — Yea
Brosnahan — Nay
Meyer — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Nay
La Shawn K. Ford Democrat Nay
Lakesia Collins Democrat Nay
Nicholas K. Smith Democrat Nay
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Nay
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Not Voting
Chapin Rose Republican Yea
Chris Miller Republican Nay
Jil Tracy Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 39 do?
Amends the Criminal Code of 1961. Includes, in the activities that are exempt from the Eavesdropping Article of the Code, intercepting, recording, or listening to, with the approval of the State's Attorney, a conversation or electronic communication where a law enforcement officer, or a person acting at the direction of law enforcement, is a party to the conversation or electronic communication and has consented to it being intercepted or recorded in the course of an investigation of child pornography.
Who sponsors HB 39?
HB 39 is sponsored by Brent Hassert.
What is the current status of HB 39?
This bill has been enacted into law. Introduced December 05, 2006. Enacted.
Where can I track HB 39?
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