Bill Text: IL SB1342 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Department of Juvenile Justice Mortality Review Team Act. Provides that each mortality review team shall consist of at least one member who is a representative of a bar association, law school, or legal academic organization.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-12-30 - Public Act . . . . . . . . . 98-1142 [SB1342 Detail]

Download: Illinois-2013-SB1342-Amended.html

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Rep. Elaine Nekritz

Filed: 12/2/2014

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AMENDMENT TO SENATE BILL 1342
AMENDMENT NO. ______. Amend Senate Bill 1342, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Criminal Code of 2012 is amended by
changing Sections 14-1, 14-2, 14-3, 14-4, and 14-5 as follows:
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definitions Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used
to hear or record oral conversation or intercept, retain, or
transcribe electronic communications whether such conversation
or electronic communication is conducted in person, by
telephone, or by any other means; Provided, however, that this
definition shall not include devices used for the restoration
of the deaf or hard-of-hearing to normal or partial hearing.

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(b) Eavesdropper.
An eavesdropper is any person, including any law
enforcement officer and any party to a private conversation
officers, who is a principal, as defined in this Article, or
who operates or participates in the operation of any
eavesdropping device contrary to the provisions of this Article
or who acts as a principal, as defined in this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an
eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information from
the illegal use of an eavesdropping device by another; or
(3) Directs another to use an eavesdropping device
illegally on his or her behalf.
(d) Private conversation Conversation.
For the purposes of this Article, "private the term
conversation" means any oral communication between 2 or more
persons, whether in person or transmitted between the parties
by wire or other means, when regardless of whether one or more
of the parties intended the their communication to be of a
private nature under circumstances reasonably justifying that
expectation. A reasonable expectation shall include any
expectation recognized by law, including, but not limited to,
an expectation derived from a privilege, immunity, or right
established by common law, Supreme Court rule, or the Illinois

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or United States Constitution.
(e) Private electronic Electronic communication.
For purposes of this Article, the term "private electronic
communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted
in whole or part by a wire, radio, pager, computer,
electromagnetic, photo electronic or photo optical system,
when where the sending or and receiving party intends parties
intend the electronic communication to be private under
circumstances reasonably justifying that expectation. A
reasonable expectation shall include any expectation
recognized by law, including, but not limited to, an
expectation derived from a privilege, immunity, or right
established by common law, Supreme Court rule, or the Illinois
or United States Constitution and the interception, recording,
or transcription of the electronic communication is
accomplished by a device in a surreptitious manner contrary to
the provisions of this Article. Electronic communication does
not include any communication from a tracking device.
(f) Bait car.
For purposes of this Article, "bait car" the term bait car
means any 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.
(g) Surreptitious.

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For purposes of this Article, "surreptitious" means
obtained or made by stealth or deception, or executed through
secrecy or concealment.
(Source: P.A. 95-258, eff. 1-1-08.)
(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he or she knowingly
and intentionally:
(1) Uses Knowingly and intentionally uses an
eavesdropping device, in a surreptitious manner, for the
purpose of overhearing, transmitting, hearing or recording
all or any part of any private conversation to which he or
she is not a party or intercepts, retains, or transcribes
electronic communication unless he or she does so (A) with
the consent of all of the parties to the private such
conversation or electronic communication or (B) in
accordance with Article 108A or Article 108B of the "Code
of Criminal Procedure of 1963", approved August 14, 1963,
as amended; or
(2) Uses an eavesdropping device, in a surreptitious
manner, for the purpose of transmitting or recording all or
any part of any private conversation to which he or she is
a party unless he or she does so with the consent of all
other parties to the private conversation;
(3) Intercepts, records, or transcribes, in a

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surreptitious manner, any private electronic communication
to which he or she is not a party unless he or she does so
with the consent of all parties to the private electronic
communication;
(4) (2) Manufactures, assembles, distributes, or
possesses any electronic, mechanical, eavesdropping, or
other device knowing that or having reason to know that the
design of the device renders it primarily useful for the
purpose of the surreptitious overhearing, transmitting,
hearing or recording of private oral conversations or the
interception, retention, or transcription of private
electronic communications and the intended or actual use of
the device is contrary to the provisions of this Article;
or
(5) (3) Uses or discloses divulges, except as
authorized by this Article or by Article 108A or 108B of
the "Code of Criminal Procedure of 1963", approved August
14, 1963, as amended, any information which he or she knows
or reasonably should know was obtained from a private
conversation or private electronic communication in
violation of this Article, unless he or she does so with
the consent of all of the parties.
(a-5) It does not constitute a violation of this Article to
surreptitiously use an eavesdropping device to overhear,
transmit, or record a private conversation, or to
surreptitiously intercept, record, or transcribe a private

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electronic communication, if the overhearing, transmitting,
recording, interception, or transcription is done in
accordance with Article 108A or Article 108B of the Code of
Criminal Procedure of 1963. through the use of an eavesdropping
device.
(b) It is an affirmative defense to a charge brought under
this Article relating to the interception of a privileged
communication that the person charged:
1. was a law enforcement officer acting pursuant to an
order of interception, entered pursuant to Section 108A-1
or 108B-5 of the Code of Criminal Procedure of 1963; and
2. at the time the communication was intercepted, the
officer was unaware that the communication was privileged;
and
3. stopped the interception within a reasonable time
after discovering that the communication was privileged;
and
4. did not disclose the contents of the communication.
(c) It is not unlawful for a manufacturer or a supplier of
eavesdropping devices, or a provider of wire or electronic
communication services, their agents, employees, contractors,
or venders to manufacture, assemble, sell, or possess an
eavesdropping device within the normal course of their business
for purposes not contrary to this Article or for law
enforcement officers and employees of the Illinois Department
of Corrections to manufacture, assemble, purchase, or possess

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an eavesdropping device in preparation for or within the course
of their official duties.
(d) The interception, recording, or transcription of an
electronic communication by an employee of a penal institution
is not prohibited under this Act, provided that the
interception, recording, or transcription is:
(1) otherwise legally permissible under Illinois law;
(2) conducted with the approval of the penal
institution for the purpose of investigating or enforcing a
State criminal law or a penal institution rule or
regulation with respect to inmates in the institution; and
(3) within the scope of the employee's official duties.
For the purposes of this subsection (d), "penal
institution" has the meaning ascribed to it in clause (c)(1) of
Section 31A-1.1.
(Source: P.A. 94-183, eff. 1-1-06.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the

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equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
(c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
(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
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
(e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this

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subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
(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
forcible felony, a felony offense of involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons under Section 10-9 of this Code, an offense involving
prostitution, solicitation of a sexual act, or pandering, 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, 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 paragraphs (1) through (11) of
subsection (a) of Section 24-1 of this Code. Any recording or
evidence derived as the result of this exemption shall be
inadmissible in any proceeding, criminal, civil or

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administrative, except (i) where a party to the conversation
suffers great bodily injury or is killed during such
conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police shall
issue regulations as are necessary concerning the use of
devices, retention of tape recordings, and reports regarding
their use;
(g-5) (Blank); 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 any offense defined in Article 29D of this
Code. In all such cases, an application for an order approving
the previous or continuing use of an eavesdropping device must
be made within 48 hours of the commencement of such use. 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 tape recordings, and reports regarding
their use.
Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or

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Attorney General prosecuting any violation of Article 29D, 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.
This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
(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
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons, child pornography, aggravated
child pornography, indecent solicitation of a child, child
abduction, luring of a minor, sexual exploitation of a child,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse in which the victim of the offense was at
the time of the commission of the offense under 18 years of
age, or criminal sexual abuse by force or threat of force in
which the victim of the offense was at the time of the
commission of the offense under 18 years of age, or aggravated

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criminal sexual assault in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age. In all such cases, an application for an order approving
the previous or continuing use of an eavesdropping device must
be made within 48 hours of the commencement of such use. 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 involuntary servitude,
involuntary sexual servitude of a minor, trafficking in
persons, child pornography, aggravated child pornography,
indecent solicitation of a child, child abduction, luring of a
minor, sexual exploitation of a child, predatory criminal
sexual assault of a child, aggravated criminal sexual abuse in
which the victim of the offense was at the time of the
commission of the offense under 18 years of age, or criminal
sexual abuse by force or threat of force in which the victim of
the offense was at the time of the commission of the offense
under 18 years of age, or aggravated criminal sexual assault in
which the victim of the offense was at the time of the
commission of the offense under 18 years of age shall, upon
motion of the State's Attorney or Attorney General prosecuting
any case involving involuntary servitude, involuntary sexual
servitude of a minor, trafficking in persons, child

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pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age, 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 the use of an
in-car video camera recording of an oral conversation between a
uniformed peace officer, who has identified his or her office,
and a person in the presence of the peace officer whenever (i)
an officer assigned a patrol vehicle is conducting an
enforcement stop; or (ii) patrol vehicle emergency lights are
activated or would otherwise be activated if not for the need
to conceal the presence of law enforcement.
For the purposes of this subsection (h), "enforcement stop"
means an action by a law enforcement officer in relation to

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enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned vehicle
contacts, motorist assists, commercial motor vehicle stops,
roadside safety checks, requests for identification, or
responses to requests for emergency assistance;
(h-5) Recordings of utterances made by a person while in
the presence of a uniformed peace officer and while an occupant
of a police vehicle including, but not limited to, (i)
recordings made simultaneously with the use of an in-car video
camera and (ii) recordings made in the presence of the peace
officer utilizing video or audio systems, or both, authorized
by the law enforcement agency;
(h-10) Recordings made simultaneously with a video camera
recording during the use of a taser or similar weapon or device
by a peace officer if the weapon or device is equipped with
such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a storage
period of 90 days, unless the recordings are made as a part of
an arrest or the recordings are deemed evidence in any
criminal, civil, or administrative proceeding and then the
recordings must only be destroyed upon a final disposition and
an order from the court. Under no circumstances shall any
recording be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage

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period, the recording medium may be erased and reissued for
operational 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;
(j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
(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; and
(ii) the monitoring is used with the consent of at

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least one person who is an active party to the marketing or
opinion research conversation or telephone solicitation
conversation being monitored.
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.
When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
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. The notice shall include prominent signage

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notification within the workplace.
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
subject to telephone monitoring or telephone recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration, or
collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both;
(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

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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;
(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;
(m) An electronic recording, including but not limited to,
a motion picture, videotape, digital, or other visual or audio
recording, made of the interior of a school bus while the
school bus is being used in the transportation of students to
and from school and school-sponsored activities, when the
school board has adopted a policy authorizing such recording,
notice of such recording policy is included in student
handbooks and other documents including the policies of the
school, notice of the policy regarding recording is provided to
parents of students, and notice of such recording is clearly
posted on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall be
confidential records and may only be used by school officials
(or their designees) and law enforcement personnel for
investigations, school disciplinary actions and hearings,
proceedings under the Juvenile Court Act of 1987, and criminal

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prosecutions, related to incidents occurring in or around the
school bus;
(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
simultaneously capturing a photographic or video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is necessary to
protect the safety of the general public, hostages, or law
enforcement officers or anyone acting on their behalf;
(p) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as the "CPS Violence Prevention Hotline", but only
where the notice of recording is given at the beginning of each
call as required by Section 34-21.8 of the School Code. The
recordings may be retained only by the Chicago Police
Department or other law enforcement authorities, and shall not
be otherwise retained or disseminated;
(q)(1) With prior request to and written or verbal approval
of the State's Attorney of the county in which the conversation
is anticipated to occur, recording or listening with the aid of
an eavesdropping device to a conversation in which a law
enforcement officer, or any person acting at the direction of a
law enforcement officer, is a party to the conversation and has

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consented to the conversation being intercepted or recorded in
the course of an investigation of a qualified drug offense. The
State's Attorney may grant this verbal approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified drug offense
will occur with be committed by a specified individual or
individuals within a designated period of time.
(2) Request for approval. To invoke the exception contained
in this subsection (q), a law enforcement officer shall make a
written or verbal request for approval to the appropriate
State's Attorney. The request may be written or verbal;
however, a written memorialization of the request must be made
by the State's Attorney. This request for approval shall
include whatever information is deemed necessary by the State's
Attorney but shall include, at a minimum, the following
information about each specified individual whom the law
enforcement officer believes will commit a qualified drug
offense:
(A) his or her full or partial name, nickname or alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph (2),
any other supporting information known to the law
enforcement officer at the time of the request that gives
rise to reasonable cause to believe that the specified
individual will participate in an inculpatory conversation
concerning a qualified commit a drug offense.

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(3) Limitations on verbal approval. Each written verbal
approval by the State's Attorney under this subsection (q)
shall be limited to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at the
direction of a law enforcement officer;
(B) recording or intercepting conversations with the
individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who are
acting in conjunction with or as co-conspirators with the
individuals specified in the request for approval in the
commission of a qualified drug offense;
(C) a reasonable period of time but in no event longer
than 24 consecutive hours; .
(D) the written request for approval, if applicable, or
the written memorialization must be filed, along with the
written approval, with the circuit clerk of the
jurisdiction on the next business day following the
expiration of the authorized period of time, and shall be
subject to review by the Chief Judge or his or her designee
as deemed appropriate by the court.
(3.5) The written memorialization of the request for
approval and the written approval by the State's Attorney may

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be in any format, including via facsimile, email, or otherwise,
so long as it is capable of being filed with the circuit clerk.
(3.10) Beginning March 1, 2015, each State's Attorney shall
annually submit a report to the General Assembly disclosing:
(A) the number of requests for each qualified offense
for approval under this subsection; and
(B) the number of approvals for each qualified offense
given by the State's Attorney.
(4) Admissibility of evidence. No part of the contents of
any wire, electronic, or oral communication that has been
recorded or intercepted as a result of this exception may be
received in evidence in any trial, hearing, or other proceeding
in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other
authority of this State, or a political subdivision of the
State, other than in a prosecution of:
(A) the qualified a drug offense for which approval was
given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the course
of the investigation of the qualified a drug offense for
which verbal approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance with
this subsection Section (q), but for this specific category

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of prosecutions, only if the law enforcement officer or
person acting at the direction of a law enforcement officer
who has consented to the conversation being intercepted or
recorded suffers great bodily injury or is killed during
the commission of the charged forcible felony.
(5) Compliance with the provisions of this subsection is a
prerequisite to the admissibility in evidence of any part of
the contents of any wire, electronic or oral communication that
has been intercepted as a result of this exception, but nothing
in this subsection shall be deemed to prevent a court from
otherwise excluding the evidence on any other ground recognized
by State or federal law, nor shall anything in this subsection
be deemed to prevent a court from independently reviewing the
admissibility of the evidence for compliance with the Fourth
Amendment to the U.S. Constitution or with Article I, Section 6
of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to qualified
drug offenses. Whenever any private conversation or private
electronic wire, electronic, or oral communication has been
recorded or intercepted as a result of this exception that is
not related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q) a drug
offense or a forcible felony committed in the course of a drug
offense, no part of the contents of the communication and
evidence derived from the communication may be received in
evidence in any trial, hearing, or other proceeding in or

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before any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority of
this State, or a political subdivision of the State, nor may it
be publicly disclosed in any way.
(6.5) The Department of State Police shall adopt rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection (q)
only:
"Drug offense" includes and is limited to a felony
violation of one of the following: (A) the Illinois
Controlled Substances Act, (B) the Cannabis Control Act,
and (C) the Methamphetamine Control and Community
Protection Act.
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code of
1961 as of the effective date of this amendatory Act of the
97th General Assembly, and only as those offenses have been
defined by law or judicial interpretation as of that date.
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
except for violations of:
(i) Section 4 of the Cannabis Control Act;

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(ii) Section 402 of the Illinois Controlled
Substances Act; and
(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of murder
for hire, predatory criminal sexual assault of a child,
criminal sexual assault, aggravated criminal sexual
assault, aggravated arson, kidnapping, aggravated
kidnapping, child abduction, trafficking in persons,
involuntary servitude, involuntary sexual servitude of
a minor, or gunrunning.
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under this
subsection (q).
(8) Sunset. This subsection (q) is inoperative on and after
January 1, 2018 2015. No conversations intercepted pursuant to
this subsection (q), while operative, shall be inadmissible in
a court of law by virtue of the inoperability of this
subsection (q) on January 1, 2018 2015 .
(9) Recordings, records, and custody. Any private
conversation or private electronic communication intercepted
by a law enforcement officer or a person acting at the
direction of law enforcement shall, if practicable, be recorded
in such a way as will protect the recording from editing or

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other alteration. Any and all original recordings made under
this subsection (q) shall be inventoried without unnecessary
delay pursuant to the law enforcement agency's policies for
inventorying evidence. The original recordings shall not be
destroyed except upon an order of a court of competent
jurisdiction; and
(r) Electronic recordings, including but not limited to,
motion picture, videotape, digital, or other visual or audio
recording, made of a lineup under Section 107A-2 of the Code of
Criminal Procedure of 1963.
(Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13;
97-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff.
1-1-15.)
(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. Sentence.
(a) Eavesdropping, for a first offense, is a Class 4 felony
and, for a second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an
electronic communication of between any law enforcement
officer, State's Attorney, Assistant State's Attorney, the
Attorney General, Assistant Attorney General, or a judge, while
in the performance of his or her official duties, if not
authorized by this Article or proper court order, is a Class 3
felony, and for a second or subsequent offenses, is a Class 2
felony 1 felony.

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(Source: P.A. 91-357, eff. 7-29-99; 91-657, eff. 1-1-00.)
(720 ILCS 5/14-5) (from Ch. 38, par. 14-5)
Sec. 14-5. Evidence inadmissible.
Any evidence obtained in violation of this Article is not
admissible in any civil or criminal trial, or any
administrative or legislative inquiry or proceeding, nor in any
grand jury proceedings; provided, however, that so much of the
contents of an alleged unlawfully intercepted, overheard or
recorded conversation as is clearly relevant, as determined as
a matter of law by the court in chambers, to the proof of such
allegation may be admitted into evidence in any criminal trial
or grand jury proceeding brought against any person charged
with violating any provision of this Article. Nothing in this
Section bars admission of evidence if all parties to the
private conversation or private electronic communication
consent to admission of the evidence.
(Source: Laws 1965, p. 3198.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".