CRIM CD-EAVESDROPPING EXEMPT
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HB 39 — CRIM CD-EAVESDROPPING EXEMPT
Last action — Public Act . . . . . . . . . 95-0463
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 05, 2006. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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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 removedPlain-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.
HB0039 EngrossedEnrolled 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 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;pornography.
HB0039In Engrossedall -such 5cases, -an LRB095application 03732for RLCan 23759order bapproving (h)the Recordingsprevious madeor simultaneouslycontinuing withuse a video recording of an oralHB0039 conversationEnrolled between- a5 peace- officer,LRB095 who03732 hasRLC identified23759 hisb oreavesdropping herdevice office,must andbe amade personwithin stopped48 forhours an investigation of an offense under the Illinoiscommencement Vehicleof Code;such use.
(i)In Recording of a conversation made by or at the requestabsence of asuch person,an notorder, a law enforcement officer or agentupon ofits adenial, lawany enforcementcontinuing officer,use whoshall isimmediately aterminate. 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;
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;
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.
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;
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.
Action History
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Public Act . . . . . . . . . 95-0463
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Effective Date June 1, 2008
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Senate Committee Amendment No. 1 House Concurs 109-000-000
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Final Action Deadline Extended-9(b) June 8, 2007
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Senate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
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Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
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Senate Committee Amendment No. 1 Motion Filed Concur Rep. Brent Hassert
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Added Co-Sponsor Rep. Susana A Mendoza
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Placed on Calendar Order of Concurrence Senate Amendment(s) 1
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Arrived in House
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Third Reading - Passed; 053-000-000
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Placed on Calendar Order of 3rd Reading May 17, 2007
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Second Reading
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Placed on Calendar Order of 2nd Reading May 16, 2007
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Do Pass as Amended Judiciary Criminal Law; 006-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Rules Refers to Judiciary Criminal Law
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Senate Committee Amendment No. 1 Referred to Rules
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
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Postponed - Judiciary Criminal Law
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Assigned to Judiciary Criminal Law
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. A. J. Wilhelmi
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 071-034-007
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Added Co-Sponsor Rep. Patricia R. Bellock
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Removed Co-Sponsor Rep. Dennis M. Reboletti
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Added Chief Co-Sponsor Rep. Dennis M. Reboletti
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Remove Chief Co-Sponsor Rep. Patricia R. Bellock
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Chief Co-Sponsor Rep. Tom Cross
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Remove Chief Co-Sponsor Rep. Brent Hassert
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Chief Sponsor Changed to Rep. Brent Hassert
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-003-001
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Added Co-Sponsor Rep. Fred Crespo
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Added Co-Sponsor Rep. Sandy Cole
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Removed Co-Sponsor Rep. Sandy Cole
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Added Co-Sponsor Rep. Dan Brady
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Assigned to Judiciary II - Criminal Law Committee
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Added Co-Sponsor Rep. Ed Sullivan, Jr.
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Removed Co-Sponsor Rep. Sandra M. Pihos
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Added Chief Co-Sponsor Rep. Sandra M. Pihos
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Remove Chief Co-Sponsor Rep. Ed Sullivan, Jr.
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Added Co-Sponsor Rep. Dennis M. Reboletti
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Added Co-Sponsor Rep. Mike Fortner
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Added Co-Sponsor Rep. Sandy Cole
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Added Co-Sponsor Rep. Franco Coladipietro
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Added Co-Sponsor Rep. Ruth Munson
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Referred to Rules Committee
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First Reading
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Added Co-Sponsor Rep. Patricia Reid Lindner
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Added Co-Sponsor Rep. Jil Tracy
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Added Co-Sponsor Rep. David R. Leitch
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Added Co-Sponsor Rep. Raymond Poe
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Added Co-Sponsor Rep. Michael P. McAuliffe
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Added Co-Sponsor Rep. Elizabeth Coulson
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Added Co-Sponsor Rep. Aaron Schock
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Added Co-Sponsor Rep. Jerry L. Mitchell
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Added Co-Sponsor Rep. Ron Stephens
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Added Co-Sponsor Rep. Renée Kosel
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Added Co-Sponsor Rep. Dave Winters
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Added Co-Sponsor Rep. JoAnn D. Osmond
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Added Co-Sponsor Rep. Harry R. Ramey, Jr.
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Added Co-Sponsor Rep. Sandra M. Pihos
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Added Co-Sponsor Rep. Paul D. Froehlich
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Added Co-Sponsor Rep. Joe Dunn
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Added Co-Sponsor Rep. Robert W. Pritchard
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Added Co-Sponsor Rep. Jim Watson
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Added Chief Co-Sponsor Rep. Ed Sullivan, Jr.
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Added Chief Co-Sponsor Rep. Patricia R. Bellock
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Added Chief Co-Sponsor Rep. Carolyn H. Krause
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Added Chief Co-Sponsor Rep. Brent Hassert
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 9 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 109 | 0 | 0 | 9 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 6 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 67 | 28 | 0 | 10 |
| Democrat | 2 | 5 | 0 | 2 |
| Republican | 2 | 1 | 0 | 1 |
| Total | 71 | 34 | 0 | 13 |
| % 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 |
Subjects
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?
- Track HB 39 free on One Click Politics — get push/email alerts when it moves.
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