Illinois 95th Regular Session Status: Enacted

SB 97 — CRIMINAL-LISTENING DEVICE

Last action — Public Act . . . . . . . . . 95-0258

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced January 31, 2007. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 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. Provides that, 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 taking place within or about any motor vehicle under the control and direction of a law enforcement officer, under circumstances where the use of the device is necessary for the detection or investigation of the theft of that motor vehicle is exempt from the Code's eavesdropping provisions. Requires the Director of State Police to issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Provides that any recording or evidence derived as the result of the exemption is inadmissible in any proceeding, criminal, civil, or administrative, except for (i) the theft of the motor vehicle in question, (ii) the commission of any crime taking place within, or otherwise involving the use of, the motor vehicle in question, or (iii) when used as direct impeachment of a witness concerning matters contained in the interception or recording.

Bill Text

What changed in the latest version

10 added · 10 removed

Plain-language change summary

The recent changes to Bill SB 97 involve replacing the term "Engrossed" with "Enrolled" in the document. This update signifies that the bill has formally passed through legislative sessions and is now in its final form, ready for the governor's approval. Understanding this distinction is important as it reflects the bill's progress toward becoming law and confirms its completion of the legislative process.

→
Previous
Latest
SB0097 Engrossed LRB095 03357 RLC 23361 b AN ACT concerning criminal law.
SB0097 Enrolled LRB095 03357 RLC 23361 b AN ACT concerning criminal law.
SB0097 Engrossed - 2 - LRB095 03357 RLC 23361 b (1) Knowingly employs another who illegally uses an eavesdropping device in the course of such employment;
SB0097 Enrolled - 2 - LRB095 03357 RLC 23361 b (1) Knowingly employs another who illegally uses an eavesdropping device in the course of such employment;
For purposes of this Article, the term bait car means any SB0097 Engrossed - 3 - LRB095 03357 RLC 23361 b motor vehicle that is not occupied by a law enforcement officer and is used by a law enforcement agency to deter, detect, identify, and assist in the apprehension of an auto theft suspect in the act of stealing a motor vehicle.
For purposes of this Article, the term bait car means any SB0097 Enrolled - 3 - LRB095 03357 RLC 23361 b motor vehicle that is not occupied by a law enforcement officer and is used by a law enforcement agency to deter, detect, identify, and assist in the apprehension of an auto theft suspect in the act of stealing a motor vehicle.
(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 SB0097 Engrossed - 4 - LRB095 03357 RLC 23361 b 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 agency or institutions dealing in emergency services, including, but not limited to, hospitals, clinics, ambulance SB0097 Enrolled - 4 - LRB095 03357 RLC 23361 b 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 law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a SB0097 Engrossed - 5 - LRB095 03357 RLC 23361 b 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 law enforcement officer or any person acting at the direction of law enforcement, in the course of an investigation of a SB0097 Enrolled - 5 - LRB095 03357 RLC 23361 b 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 the absence of such an order, or upon its denial, any continuing use shall SB0097 Engrossed - 6 - LRB095 03357 RLC 23361 b immediately terminate.
In the absence of such an order, or upon its denial, any continuing use shall SB0097 Enrolled - 6 - LRB095 03357 RLC 23361 b immediately terminate.
(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 SB0097 Engrossed - 7 - LRB095 03357 RLC 23361 b household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
(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 SB0097 Enrolled - 7 - LRB095 03357 RLC 23361 b household, and there is reason to believe that evidence of the criminal offense may be obtained by the recording;
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 SB0097 Engrossed - 8 - LRB095 03357 RLC 23361 b 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 SB0097 Enrolled - 8 - LRB095 03357 RLC 23361 b inquiry or investigation, or used, directly or indirectly, in any administrative, judicial, or other proceeding, or divulged to any third party.
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a SB0097 Engrossed - 9 - LRB095 03357 RLC 23361 b telephone by live operators:
For the purposes of this subsection (j), "telephone solicitation" means a communication through the use of a SB0097 Enrolled - 9 - LRB095 03357 RLC 23361 b telephone by live operators:
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 SB0097 Engrossed - 10 - LRB095 03357 RLC 23361 b 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 SB0097 Enrolled - 10 - LRB095 03357 RLC 23361 b Custodial Interview Pilot Program established under the Illinois Criminal Justice Information Act;
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0258

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 115-000-000

  7. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  8. Added Alternate Co-Sponsor Rep. Jack D. Franks

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

  10. Second Reading - Short Debate

  11. Added Alternate Chief Co-Sponsor Rep. Brandon W. Phelps

  12. Added Alternate Chief Co-Sponsor Rep. Patrick J Verschoore

  13. Added Alternate Chief Co-Sponsor Rep. Jim Sacia

  14. Placed on Calendar 2nd Reading - Short Debate

  15. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 009-001-001

  16. Assigned to Judiciary II - Criminal Law Committee

  17. Referred to Rules Committee

  18. First Reading

  19. Chief House Sponsor Rep. Dan Reitz

  20. Placed on Calendar Order of First Reading

  21. Arrived in House

  22. Third Reading - Passed; 057-000-000

  23. Placed on Calendar Order of 3rd Reading March 6, 2007

  24. Second Reading

  25. Placed on Calendar Order of 2nd Reading March 2, 2007

  26. Do Pass as Amended Judiciary Criminal Law; 007-000-000

  27. Senate Committee Amendment No. 1 Adopted

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

  29. Senate Committee Amendment No. 1 Referred to Rules

  30. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  31. Assigned to Judiciary Criminal Law

  32. Referred to Rules

  33. First Reading

  34. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor
  • Jack D. Franks · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"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

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Democrat 9000
Republican 4000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Munson — Yea
Hamos — Yea
Holbrook — Yea
Jefferies — Not Voting
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Schock — Yea
Lyons — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Madigan — Yea
Moffitt — Yea
Burke — Yea
Sullivan — Yea
Molaro — Yea
Mulligan — Yea
Hannig — Yea
Myers — Yea
Harris — Yea
Nekritz — Yea
Osterman — Yea
Hernandez — Yea
Patterson — Not Voting
Pihos — Yea
Sommer — Yea
Soto — Yea
Watson — Yea
Howard — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Davis, Monique — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Not Voting
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Coulson — 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 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Brady — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Radogno — Yea
Sullivan — Yea
Munoz — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Kotowski — Yea
Pankau — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — 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 →

Subjects

public-safety technology
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 SB 97 do?
Amends the Criminal Code of 1961. Provides that, 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 taking place within or about any motor vehicle under the control and direction of a law enforcement officer, under circumstances where the use of the device is necessary for the detection or investigation of the theft of that motor vehicle is exempt from the Code's eavesdropping provisions. Requires the Director of State Police to issue regulations as are necessary concerning the use of devices, retention of tape recordings, and reports regarding their use. Provides that any recording or evidence derived as the result of the exemption is inadmissible in any proceeding, criminal, civil, or administrative, except for (i) the theft of the motor vehicle in question, (ii) the commission of any crime taking place within, or otherwise involving the use of, the motor vehicle in question, or (iii) when used as direct impeachment of a witness concerning matters contained in the interception or recording.
Who sponsors SB 97?
SB 97 is sponsored by William R. Haine, Jack D. Franks, and Chapa LaVia.
What is the current status of SB 97?
This bill has been enacted into law. Introduced January 31, 2007. Enacted.
Where can I track SB 97?
Track SB 97 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 97

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 97

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →