Bill Text: IL SB1796 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Assignments [SB1796 Detail]

Download: Illinois-2025-SB1796-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1796 Introduced 2/5/2025, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
50 ILCS 706/10-10
50 ILCS 706/10-20
720 ILCS 5/14-3
Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Law Enforcement Officer-Worn Body Camera
Act is amended by changing Sections 10-10 and 10-20 as
follows:
(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in this Act:
"Badge" means an officer's department issued
identification number associated with his or her position as a
police officer with that department.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Business offense" means a petty offense for which the
fine is in excess of $1,000.
"Community caretaking function" means a task undertaken by
a law enforcement officer in which the officer is performing
an articulable act unrelated to the investigation of a crime.
"Community caretaking function" includes, but is not limited
to, participating in town halls or other community outreach,
helping a child find his or her parents, providing death
notifications, and performing in-home or hospital well-being
checks on the sick, elderly, or persons presumed missing.

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"Community caretaking function" excludes law
enforcement-related encounters or activities.
"Fund" means the Law Enforcement Camera Grant Fund.
"In uniform" means a law enforcement officer who is
wearing any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is
visibly wearing articles of clothing, a badge, tactical gear,
gun belt, a patch, or other insignia that he or she is a law
enforcement officer acting in the course of his or her duties.
"Law enforcement officer" or "officer" means any person
employed by a State, county, municipality, special district,
college, unit of government, or any other entity authorized by
law to employ peace officers or exercise police authority and
whose primary duties are who is primarily responsible for the
prevention or detection of crime and the enforcement of the
laws of this State. "Law enforcement officer" or "officer"
does not include administrative personnel or officers who are
assigned to administrative duties or functions and who are not
assigned to conduct law enforcement-related encounters and
activities.
"Law enforcement agency" means all State agencies with law
enforcement officers, county sheriff's offices, municipal,
special district, college, or unit of local government police
departments.
"Law enforcement-related encounters or activities"
include, but are not limited to, traffic stops, pedestrian

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stops, arrests, searches, interrogations, investigations,
pursuits, crowd control, traffic control, non-community
caretaking interactions with an individual while on patrol, or
any other instance in which the officer is enforcing the laws
of the municipality, county, or State. "Law
enforcement-related encounter or activities" does not include
when the officer is completing paperwork alone, is
participating in training in a classroom setting, or is only
in the presence of another law enforcement officer.
"Minor traffic offense" means a petty offense, business
offense, or Class C misdemeanor under the Illinois Vehicle
Code or a similar provision of a municipal or local ordinance.
"Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,
displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
"Peace officer" has the meaning provided in Section 2-13
of the Criminal Code of 2012.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Recording" means the process of capturing data or
information stored on a recording medium as required under
this Act.
"Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,

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cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
(Source: P.A. 102-1104, eff. 12-6-22.)
(50 ILCS 706/10-20)
Sec. 10-20. Requirements.
(a) The Board shall develop basic guidelines for the use
of officer-worn body cameras by law enforcement agencies. The
guidelines developed by the Board shall be the basis for the
written policy which must be adopted by each law enforcement
agency which employs the use of officer-worn body cameras. The
written policy adopted by the law enforcement agency must
include, at a minimum, all of the following:
(1) Cameras must be equipped with pre-event recording,
capable of recording at least the 30 seconds prior to
camera activation, unless the officer-worn body camera was
purchased and acquired by the law enforcement agency prior
to July 1, 2015.
(2) Cameras must be capable of recording for a period
of 10 hours or more, unless the officer-worn body camera
was purchased and acquired by the law enforcement agency
prior to July 1, 2015.
(3) Cameras must be turned on at all times when the
officer is in uniform and is responding to calls for
service or engaged in any law enforcement-related
encounter or activity that occurs while the officer is on

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duty.
(A) If exigent circumstances exist which prevent
the camera from being turned on, the camera must be
turned on as soon as practicable.
(B) Officer-worn body cameras may be turned off
when the officer is inside of a patrol car which is
equipped with a functioning in-car camera; however,
the officer must turn on the camera upon exiting the
patrol vehicle for law enforcement-related encounters.
(C) Officer-worn body cameras may be turned off
when the officer is inside a correctional facility or
courthouse which is equipped with a functioning camera
system.
(4) Cameras must be turned off when:
(A) the victim of a crime requests that the camera
be turned off, and unless impractical or impossible,
that request is made on the recording;
(B) a witness of a crime or a community member who
wishes to report a crime requests that the camera be
turned off, and unless impractical or impossible that
request is made on the recording;
(C) the officer is interacting with a confidential
informant used by the law enforcement agency; or
(D) an officer of the Department of Revenue enters
a Department of Revenue facility or conducts an
interview during which return information will be

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discussed or visible.
However, an officer may continue to record or resume
recording a victim or a witness, if exigent circumstances
exist, or if the officer has reasonable articulable
suspicion that a victim or witness, or confidential
informant has committed or is in the process of committing
a crime. Under these circumstances, and unless impractical
or impossible, the officer must indicate on the recording
the reason for continuing to record despite the request of
the victim or witness.
(4.5) Cameras may be turned off when the officer is
engaged in community caretaking functions. However, the
camera must be turned on when the officer has reason to
believe that the person on whose behalf the officer is
performing a community caretaking function has committed
or is in the process of committing a crime. If exigent
circumstances exist which prevent the camera from being
turned on, the camera must be turned on as soon as
practicable.
(5) The officer must provide notice of recording to
any person if the person has a reasonable expectation of
privacy and proof of notice must be evident in the
recording. If exigent circumstances exist which prevent
the officer from providing notice, notice must be provided
as soon as practicable.
(6) (A) For the purposes of redaction or duplicating

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recordings, access to camera recordings shall be
restricted to only those personnel responsible for those
purposes. The recording officer or his or her supervisor
may not redact, duplicate, or otherwise alter the
recording officer's camera recordings. Except as otherwise
provided in this Section, the recording officer and his or
her supervisor may access and review recordings prior to
completing incident reports or other documentation,
provided that the supervisor discloses that fact in the
report or documentation.
(i) A law enforcement officer shall not have
access to or review his or her body-worn camera
recordings or the body-worn camera recordings of
another officer prior to completing incident reports
or other documentation when the officer:
(a) has been involved in or is a witness to an
officer-involved shooting, use of deadly force
incident, or use of force incidents resulting in
great bodily harm;
(b) is ordered to write a report in response
to or during the investigation of a misconduct
complaint against the officer.
(ii) If the officer subject to subparagraph (i)
prepares a report, any report shall be prepared
without viewing body-worn camera recordings, and
subject to supervisor's approval, officers may file

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amendatory reports after viewing body-worn camera
recordings. Supplemental reports under this provision
shall also contain documentation regarding access to
the video footage.
(B) The recording officer's assigned field
training officer may access and review recordings for
training purposes. Any detective or investigator
directly involved in the investigation of a matter may
access and review recordings which pertain to that
investigation but may not have access to delete or
alter such recordings.
(7) Recordings made on officer-worn cameras must be
retained by the law enforcement agency or by the camera
vendor used by the agency, on a recording medium for a
period of no less than 90 days.
(A) Under no circumstances shall any recording,
except for a non-law enforcement related activity or
encounter, made with an officer-worn body camera be
altered, erased, or destroyed prior to the expiration
of the 90-day storage period. In the event any
recording made with an officer-worn body camera is
altered, erased, or destroyed prior to the expiration
of the 90-day storage period, the law enforcement
agency shall maintain, for a period of one year, a
written record including (i) the name of the
individual who made such alteration, erasure, or

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destruction, and (ii) the reason for any such
alteration, erasure, or destruction.
(B) Following the 90-day storage period, any and
all recordings made with an officer-worn body camera
may must be destroyed, unless any encounter captured
on the recording has been flagged. An encounter is
deemed to be flagged when:
(i) a formal or informal complaint has been
filed;
(ii) the officer discharged his or her firearm
or used force during the encounter;
(iii) death or great bodily harm occurred to
any person in the recording;
(iv) the encounter resulted in a detention or
an arrest, excluding traffic stops which resulted
in only a minor traffic offense or business
offense;
(v) the officer is the subject of an internal
investigation or otherwise being investigated for
possible misconduct;
(vi) the supervisor of the officer,
prosecutor, defendant, or court determines that
the encounter has evidentiary value in a criminal
prosecution; or
(vii) the recording officer requests that the
video be flagged for official purposes related to

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his or her official duties or believes it may have
evidentiary value in a criminal prosecution.
(C) Under no circumstances shall any recording
made with an officer-worn body camera relating to a
flagged encounter be altered or destroyed prior to 2
years after the recording was flagged. If the flagged
recording was used in a criminal, civil, or
administrative proceeding, the recording shall not be
destroyed except upon a final disposition and order
from the court.
(D) Nothing in this Act prohibits law enforcement
agencies from labeling officer-worn body camera video
within the recording medium; provided that the
labeling does not alter the actual recording of the
incident captured on the officer-worn body camera. The
labels, titles, and tags shall not be construed as
altering the officer-worn body camera video in any
way.
(8) Following the 90-day storage period, recordings
may be retained if a supervisor at the law enforcement
agency designates the recording for training purposes. If
the recording is designated for training purposes, the
recordings may be viewed by officers, in the presence of a
supervisor or training instructor, for the purposes of
instruction, training, or ensuring compliance with agency
policies.

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(9) Recordings shall not be used to discipline law
enforcement officers unless:
(A) a formal or informal complaint of misconduct
has been made;
(B) a use of force incident has occurred;
(C) the encounter on the recording could result in
a formal investigation under the Uniform Peace
Officers' Disciplinary Act; or
(D) as corroboration of other evidence of
misconduct.
Nothing in this paragraph (9) shall be construed to
limit or prohibit a law enforcement officer from being
subject to an action that does not amount to discipline.
(10) The law enforcement agency shall ensure proper
care and maintenance of officer-worn body cameras. Upon
becoming aware, officers must as soon as practical
document and notify the appropriate supervisor of any
technical difficulties, failures, or problems with the
officer-worn body camera or associated equipment. Upon
receiving notice, the appropriate supervisor shall make
every reasonable effort to correct and repair any of the
officer-worn body camera equipment.
(11) No officer may hinder or prohibit any person, not
a law enforcement officer, from recording a law
enforcement officer in the performance of his or her
duties in a public place or when the officer has no

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reasonable expectation of privacy. The law enforcement
agency's written policy shall indicate the potential
criminal penalties, as well as any departmental
discipline, which may result from unlawful confiscation or
destruction of the recording medium of a person who is not
a law enforcement officer. However, an officer may take
reasonable action to maintain safety and control, secure
crime scenes and accident sites, protect the integrity and
confidentiality of investigations, and protect the public
safety and order.
(b) Recordings made with the use of an officer-worn body
camera are not subject to disclosure under the Freedom of
Information Act, except that, upon request, the law
enforcement agency shall disclose, in accordance with the
Freedom of Information Act, the recording to (i) the subject
of the encounter captured on the recording, (ii) the legal
representative of the subject of the encounter captured on the
recording, (iii) the officer who wore the camera that made the
recording, (iv) the legal representative of the officer who
wore the camera that made the recording, (v) a person who has
written permission from the subject of the encounter to
receive the recording, or (vi) a person who has written
permission from the officer who wore the camera that made the
recording to receive the recording. :
(1) if the subject of the encounter has a reasonable
expectation of privacy, at the time of the recording, any

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recording which is flagged, due to the filing of a
complaint, discharge of a firearm, use of force, arrest or
detention, or resulting death or bodily harm, shall be
disclosed in accordance with the Freedom of Information
Act if:
(A) the subject of the encounter captured on the
recording is a victim or witness; and
(B) the law enforcement agency obtains written
permission of the subject or the subject's legal
representative;
(2) except as provided in paragraph (1) of this
subsection (b), any recording which is flagged due to the
filing of a complaint, discharge of a firearm, use of
force, arrest or detention, or resulting death or bodily
harm shall be disclosed in accordance with the Freedom of
Information Act; and
(3) upon request, the law enforcement agency shall
disclose, in accordance with the Freedom of Information
Act, the recording to the subject of the encounter
captured on the recording or to the subject's attorney, or
the officer or his or her legal representative.
For the purposes of paragraph (1) of this subsection (b),
the subject of the encounter does not have a reasonable
expectation of privacy if the subject was arrested as a result
of the encounter. For purposes of subparagraph (A) of
paragraph (1) of this subsection (b), "witness" does not

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include a person who is a victim or who was arrested as a
result of the encounter.
Only recordings or portions of recordings responsive to
the request shall be available for inspection or reproduction.
Any recording disclosed under the Freedom of Information Act
shall be redacted to remove identification of any person that
appears on the recording and is not the officer, a subject of
the encounter, or directly involved in the encounter. Nothing
in this subsection (b) shall require the disclosure of any
recording or portion of any recording which would be exempt
from disclosure under the Freedom of Information Act.
(c) Nothing in this Section shall limit access to a camera
recording for the purposes of complying with Supreme Court
rules or the rules of evidence.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
12-6-22.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 14-3 as follows:
(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

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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 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

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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 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

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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 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 Illinois 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);
(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 child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of

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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. 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 the Illinois 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,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation 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 shall, upon motion of the State's Attorney or
Attorney General prosecuting any case involving child
pornography, aggravated child pornography, indecent
solicitation of a child, luring of a minor, sexual
exploitation of a child, aggravated criminal sexual abuse

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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 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 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,

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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 period, the
recording medium may be erased and reissued for

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operational use;
(h-20) Recordings made in accordance with the Law
Enforcement Officer-Worn Body Camera Act;
(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

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marketing or opinion research or telephone
solicitation; 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 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.

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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 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

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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 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

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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 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",

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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 consented
to the conversation being intercepted or recorded in the
course of an investigation of a qualified offense. The
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense
will occur with 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 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

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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 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
offense.
(3) Limitations on approval. Each written 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

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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 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 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.

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(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 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 offense
for which 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 (q), but for this specific
category 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

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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 offenses. Whenever any private conversation or
private electronic 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),
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 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 Illinois State Police shall adopt rules as
are necessary concerning the use of devices, retention of

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recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection
(q) only:
"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;
(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

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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, 2027. 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, 2027.
(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 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

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audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-918, eff. 5-27-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.