SB 2137 — CRIM CD-EAVESDROPPING EXEMPT

*LRB09519401RLC45696b* SB2137 95THEngrossed GENERALLRB095 ASSEMBLY19401 StateRLC of45696 Illinoisb andAN 2008ACT SB2137concerning Introducedcriminal 2/14/2008,law. by Sen.

John J.

Millner SYNOPSIS AS INTRODUCED:

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

Exempts from an eavesdropping violation any recordings made simultaneously with a video recording of any conversations occurring upon a peace officer responding to a scene in the investigation of any criminal offense under Illinois law.

Also exempts from an eavesdropping violation 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 felony weapons offense with prior notification to the State’s Attorney of the county in which the recording or listening to the conversation is to occur.

LRB095 19401 RLC 45696 b A BILL FOR SB2137 LRB095 19401 RLC 45696 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 SB2137 Engrossed - 2 - LRB095 19401 RLC 45696 b 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;

(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 SB2137 Engrossed - 3 - LRB095 19401 RLC 45696 b 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 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, or any felony offense involving any weapon listed in subsections 24-1(a)(1) through 24-1(a)(11) 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 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 SB2137 Engrossed - 4 - LRB095 19401 RLC 45696 b any offense defined in Article 29D of this Code.

(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 SB2137 Engrossed - 5 - LRB095 19401 RLC 45696 b intercepted or recorded in the course of an investigation of child pornography.

SB2137 Engrossed - 6 - LRB095 19401 RLC 45696 b (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;

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 SB2137 Engrossed - 7 - LRB095 19401 RLC 45696 b conversation being monitored.

Business entities that use a telephone monitoring or SB2137 Engrossed - 8 - LRB095 19401 RLC 45696 b 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.

(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 SB2137 Engrossed - 9 - LRB095 19401 RLC 45696 b Act of 1987 or Section 103-2.1 of the Code of Criminal Procedure of 1963;

SB2137 Engrossed - 10 - LRB095 19401 RLC 45696 b (n) (m) 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.