SB 1813 — CRIM CD-EAVESDROPPING-EXEMPT

*LRB09604566RLC14621b* SB1813 96THEngrossed GENERALLRB096 ASSEMBLY04566 StateRLC of14621 Illinoisb andAN 2010ACT SB1813concerning Introducedcriminal 2/20/2009,law. by Sen.

John J.

Millner SYNOPSIS AS INTRODUCED:

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

Exempts from an eavesdropping violation, recordings made simultaneously with a video recording of an oral and a person stopped for an investigation of an offense under Illinois law, (rather than the Illinois Vehicle Code), in the presence of the peace officer while the officer is performing his or her official duties, or utterances made by the person while an occupant of a police vehicle including, but not limited to, recordings made by in-car video cameras.

Effective immediately.

LRB096 04566 RLC 14621 b A BILL FOR SB1813 LRB096 04566 RLC 14621 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 SB1813 Engrossed - 2 - LRB096 04566 RLC 14621 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 SB1813 Engrossed - 3 - LRB096 04566 RLC 14621 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 SB1813 Engrossed - 4 - LRB096 04566 RLC 14621 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 SB1813 Engrossed - 5 - LRB096 04566 RLC 14621 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 SB1813 Engrossed - 6 - LRB096 04566 RLC 14621 b 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;

No communication or conversation or any part, portion, or aspect of the communication or conversation made, acquired, or SB1813 Engrossed - 7 - LRB096 04566 RLC 14621 b 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.

Business entities that use a telephone monitoring or 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 SB1813 Engrossed - 8 - LRB096 04566 RLC 14621 b subject to telephone monitoring or telephone recording.

(l) Recording the interview or statement of any person when SB1813 Engrossed - 9 - LRB096 04566 RLC 14621 b 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 (n) 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 SB1813 Engrossed - 10 - LRB096 04566 RLC 14621 b simultaneously capturing a photographic or video image.