Illinois 2023-2024 Regular Session

Illinois House Bill HB1433 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1433 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/14-3 Amends the Criminal Code of 2012. Eliminates the sunset of the exemption from an eavesdropping violation that provides 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 as specified in the statute. Effective immediately. LRB103 05852 RLC 50873 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1433 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/14-3 720 ILCS 5/14-3 Amends the Criminal Code of 2012. Eliminates the sunset of the exemption from an eavesdropping violation that provides 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 as specified in the statute. Effective immediately. LRB103 05852 RLC 50873 b LRB103 05852 RLC 50873 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1433 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/14-3 720 ILCS 5/14-3
4	4	720 ILCS 5/14-3
5	5	Amends the Criminal Code of 2012. Eliminates the sunset of the exemption from an eavesdropping violation that provides 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 as specified in the statute. Effective immediately.
6	6	LRB103 05852 RLC 50873 b LRB103 05852 RLC 50873 b
7	7	LRB103 05852 RLC 50873 b
8	8	A BILL FOR
9	9	HB1433LRB103 05852 RLC 50873 b HB1433 LRB103 05852 RLC 50873 b
10	10	HB1433 LRB103 05852 RLC 50873 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 14-3 as follows:
16	16	6 (720 ILCS 5/14-3)
17	17	7 Sec. 14-3. Exemptions. The following activities shall be
18	18	8 exempt from the provisions of this Article:
19	19	9 (a) Listening to radio, wireless electronic
20	20	10 communications, and television communications of any sort
21	21	11 where the same are publicly made;
22	22	12 (b) Hearing conversation when heard by employees of
23	23	13 any common carrier by wire incidental to the normal course
24	24	14 of their employment in the operation, maintenance or
25	25	15 repair of the equipment of such common carrier by wire so
26	26	16 long as no information obtained thereby is used or
27	27	17 divulged by the hearer;
28	28	18 (c) Any broadcast by radio, television or otherwise
29	29	19 whether it be a broadcast or recorded for the purpose of
30	30	20 later broadcasts of any function where the public is in
31	31	21 attendance and the conversations are overheard incidental
32	32	22 to the main purpose for which such broadcasts are then
33	33	23 being made;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1433 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/14-3 720 ILCS 5/14-3
39	39	720 ILCS 5/14-3
40	40	Amends the Criminal Code of 2012. Eliminates the sunset of the exemption from an eavesdropping violation that provides 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 as specified in the statute. Effective immediately.
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68	68	1 (d) Recording or listening with the aid of any device
69	69	2 to any emergency communication made in the normal course
70	70	3 of operations by any federal, state or local law
71	71	4 enforcement agency or institutions dealing in emergency
72	72	5 services, including, but not limited to, hospitals,
73	73	6 clinics, ambulance services, fire fighting agencies, any
74	74	7 public utility, emergency repair facility, civilian
75	75	8 defense establishment or military installation;
76	76	9 (e) Recording the proceedings of any meeting required
77	77	10 to be open by the Open Meetings Act, as amended;
78	78	11 (f) Recording or listening with the aid of any device
79	79	12 to incoming telephone calls of phone lines publicly listed
80	80	13 or advertised as consumer "hotlines" by manufacturers or
81	81	14 retailers of food and drug products. Such recordings must
82	82	15 be destroyed, erased or turned over to local law
83	83	16 enforcement authorities within 24 hours from the time of
84	84	17 such recording and shall not be otherwise disseminated.
85	85	18 Failure on the part of the individual or business
86	86	19 operating any such recording or listening device to comply
87	87	20 with the requirements of this subsection shall eliminate
88	88	21 any civil or criminal immunity conferred upon that
89	89	22 individual or business by the operation of this Section;
90	90	23 (g) With prior notification to the State's Attorney of
91	91	24 the county in which it is to occur, recording or listening
92	92	25 with the aid of any device to any conversation where a law
93	93	26 enforcement officer, or any person acting at the direction
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104	104	1 of law enforcement, is a party to the conversation and has
105	105	2 consented to it being intercepted or recorded under
106	106	3 circumstances where the use of the device is necessary for
107	107	4 the protection of the law enforcement officer or any
108	108	5 person acting at the direction of law enforcement, in the
109	109	6 course of an investigation of a forcible felony, a felony
110	110	7 offense of involuntary servitude, involuntary sexual
111	111	8 servitude of a minor, or trafficking in persons under
112	112	9 Section 10-9 of this Code, an offense involving
113	113	10 prostitution, solicitation of a sexual act, or pandering,
114	114	11 a felony violation of the Illinois Controlled Substances
115	115	12 Act, a felony violation of the Cannabis Control Act, a
116	116	13 felony violation of the Methamphetamine Control and
117	117	14 Community Protection Act, any "streetgang related" or
118	118	15 "gang-related" felony as those terms are defined in the
119	119	16 Illinois Streetgang Terrorism Omnibus Prevention Act, or
120	120	17 any felony offense involving any weapon listed in
121	121	18 paragraphs (1) through (11) of subsection (a) of Section
122	122	19 24-1 of this Code. Any recording or evidence derived as
123	123	20 the result of this exemption shall be inadmissible in any
124	124	21 proceeding, criminal, civil or administrative, except (i)
125	125	22 where a party to the conversation suffers great bodily
126	126	23 injury or is killed during such conversation, or (ii) when
127	127	24 used as direct impeachment of a witness concerning matters
128	128	25 contained in the interception or recording. The Director
129	129	26 of the Illinois State Police shall issue regulations as
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140	140	1 are necessary concerning the use of devices, retention of
141	141	2 tape recordings, and reports regarding their use;
142	142	3 (g-5) (Blank);
143	143	4 (g-6) With approval of the State's Attorney of the
144	144	5 county in which it is to occur, recording or listening
145	145	6 with the aid of any device to any conversation where a law
146	146	7 enforcement officer, or any person acting at the direction
147	147	8 of law enforcement, is a party to the conversation and has
148	148	9 consented to it being intercepted or recorded in the
149	149	10 course of an investigation of child pornography,
150	150	11 aggravated child pornography, indecent solicitation of a
151	151	12 child, luring of a minor, sexual exploitation of a child,
152	152	13 aggravated criminal sexual abuse in which the victim of
153	153	14 the offense was at the time of the commission of the
154	154	15 offense under 18 years of age, or criminal sexual abuse by
155	155	16 force or threat of force in which the victim of the offense
156	156	17 was at the time of the commission of the offense under 18
157	157	18 years of age. In all such cases, an application for an
158	158	19 order approving the previous or continuing use of an
159	159	20 eavesdropping device must be made within 48 hours of the
160	160	21 commencement of such use. In the absence of such an order,
161	161	22 or upon its denial, any continuing use shall immediately
162	162	23 terminate. The Director of the Illinois State Police shall
163	163	24 issue rules as are necessary concerning the use of
164	164	25 devices, retention of recordings, and reports regarding
165	165	26 their use. Any recording or evidence obtained or derived
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176	176	1 in the course of an investigation of child pornography,
177	177	2 aggravated child pornography, indecent solicitation of a
178	178	3 child, luring of a minor, sexual exploitation of a child,
179	179	4 aggravated criminal sexual abuse in which the victim of
180	180	5 the offense was at the time of the commission of the
181	181	6 offense under 18 years of age, or criminal sexual abuse by
182	182	7 force or threat of force in which the victim of the offense
183	183	8 was at the time of the commission of the offense under 18
184	184	9 years of age shall, upon motion of the State's Attorney or
185	185	10 Attorney General prosecuting any case involving child
186	186	11 pornography, aggravated child pornography, indecent
187	187	12 solicitation of a child, luring of a minor, sexual
188	188	13 exploitation of a child, aggravated criminal sexual abuse
189	189	14 in which the victim of the offense was at the time of the
190	190	15 commission of the offense under 18 years of age, or
191	191	16 criminal sexual abuse by force or threat of force in which
192	192	17 the victim of the offense was at the time of the commission
193	193	18 of the offense under 18 years of age be reviewed in camera
194	194	19 with notice to all parties present by the court presiding
195	195	20 over the criminal case, and, if ruled by the court to be
196	196	21 relevant and otherwise admissible, it shall be admissible
197	197	22 at the trial of the criminal case. Absent such a ruling,
198	198	23 any such recording or evidence shall not be admissible at
199	199	24 the trial of the criminal case;
200	200	25 (h) Recordings made simultaneously with the use of an
201	201	26 in-car video camera recording of an oral conversation
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212	212	1 between a uniformed peace officer, who has identified his
213	213	2 or her office, and a person in the presence of the peace
214	214	3 officer whenever (i) an officer assigned a patrol vehicle
215	215	4 is conducting an enforcement stop; or (ii) patrol vehicle
216	216	5 emergency lights are activated or would otherwise be
217	217	6 activated if not for the need to conceal the presence of
218	218	7 law enforcement.
219	219	8 For the purposes of this subsection (h), "enforcement
220	220	9 stop" means an action by a law enforcement officer in
221	221	10 relation to enforcement and investigation duties,
222	222	11 including but not limited to, traffic stops, pedestrian
223	223	12 stops, abandoned vehicle contacts, motorist assists,
224	224	13 commercial motor vehicle stops, roadside safety checks,
225	225	14 requests for identification, or responses to requests for
226	226	15 emergency assistance;
227	227	16 (h-5) Recordings of utterances made by a person while
228	228	17 in the presence of a uniformed peace officer and while an
229	229	18 occupant of a police vehicle including, but not limited
230	230	19 to, (i) recordings made simultaneously with the use of an
231	231	20 in-car video camera and (ii) recordings made in the
232	232	21 presence of the peace officer utilizing video or audio
233	233	22 systems, or both, authorized by the law enforcement
234	234	23 agency;
235	235	24 (h-10) Recordings made simultaneously with a video
236	236	25 camera recording during the use of a taser or similar
237	237	26 weapon or device by a peace officer if the weapon or device
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248	248	1 is equipped with such camera;
249	249	2 (h-15) Recordings made under subsection (h), (h-5), or
250	250	3 (h-10) shall be retained by the law enforcement agency
251	251	4 that employs the peace officer who made the recordings for
252	252	5 a storage period of 90 days, unless the recordings are
253	253	6 made as a part of an arrest or the recordings are deemed
254	254	7 evidence in any criminal, civil, or administrative
255	255	8 proceeding and then the recordings must only be destroyed
256	256	9 upon a final disposition and an order from the court.
257	257	10 Under no circumstances shall any recording be altered or
258	258	11 erased prior to the expiration of the designated storage
259	259	12 period. Upon completion of the storage period, the
260	260	13 recording medium may be erased and reissued for
261	261	14 operational use;
262	262	15 (i) Recording of a conversation made by or at the
263	263	16 request of a person, not a law enforcement officer or
264	264	17 agent of a law enforcement officer, who is a party to the
265	265	18 conversation, under reasonable suspicion that another
266	266	19 party to the conversation is committing, is about to
267	267	20 commit, or has committed a criminal offense against the
268	268	21 person or a member of his or her immediate household, and
269	269	22 there is reason to believe that evidence of the criminal
270	270	23 offense may be obtained by the recording;
271	271	24 (j) The use of a telephone monitoring device by either
272	272	25 (1) a corporation or other business entity engaged in
273	273	26 marketing or opinion research or (2) a corporation or
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284	284	1 other business entity engaged in telephone solicitation,
285	285	2 as defined in this subsection, to record or listen to oral
286	286	3 telephone solicitation conversations or marketing or
287	287	4 opinion research conversations by an employee of the
288	288	5 corporation or other business entity when:
289	289	6 (i) the monitoring is used for the purpose of
290	290	7 service quality control of marketing or opinion
291	291	8 research or telephone solicitation, the education or
292	292	9 training of employees or contractors engaged in
293	293	10 marketing or opinion research or telephone
294	294	11 solicitation, or internal research related to
295	295	12 marketing or opinion research or telephone
296	296	13 solicitation; and
297	297	14 (ii) the monitoring is used with the consent of at
298	298	15 least one person who is an active party to the
299	299	16 marketing or opinion research conversation or
300	300	17 telephone solicitation conversation being monitored.
301	301	18 No communication or conversation or any part, portion,
302	302	19 or aspect of the communication or conversation made,
303	303	20 acquired, or obtained, directly or indirectly, under this
304	304	21 exemption (j), may be, directly or indirectly, furnished
305	305	22 to any law enforcement officer, agency, or official for
306	306	23 any purpose or used in any inquiry or investigation, or
307	307	24 used, directly or indirectly, in any administrative,
308	308	25 judicial, or other proceeding, or divulged to any third
309	309	26 party.
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320	320	1 When recording or listening authorized by this
321	321	2 subsection (j) on telephone lines used for marketing or
322	322	3 opinion research or telephone solicitation purposes
323	323	4 results in recording or listening to a conversation that
324	324	5 does not relate to marketing or opinion research or
325	325	6 telephone solicitation; the person recording or listening
326	326	7 shall, immediately upon determining that the conversation
327	327	8 does not relate to marketing or opinion research or
328	328	9 telephone solicitation, terminate the recording or
329	329	10 listening and destroy any such recording as soon as is
330	330	11 practicable.
331	331	12 Business entities that use a telephone monitoring or
332	332	13 telephone recording system pursuant to this exemption (j)
333	333	14 shall provide current and prospective employees with
334	334	15 notice that the monitoring or recordings may occur during
335	335	16 the course of their employment. The notice shall include
336	336	17 prominent signage notification within the workplace.
337	337	18 Business entities that use a telephone monitoring or
338	338	19 telephone recording system pursuant to this exemption (j)
339	339	20 shall provide their employees or agents with access to
340	340	21 personal-only telephone lines which may be pay telephones,
341	341	22 that are not subject to telephone monitoring or telephone
342	342	23 recording.
343	343	24 For the purposes of this subsection (j), "telephone
344	344	25 solicitation" means a communication through the use of a
345	345	26 telephone by live operators:
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356	356	1 (i) soliciting the sale of goods or services;
357	357	2 (ii) receiving orders for the sale of goods or
358	358	3 services;
359	359	4 (iii) assisting in the use of goods or services;
360	360	5 or
361	361	6 (iv) engaging in the solicitation, administration,
362	362	7 or collection of bank or retail credit accounts.
363	363	8 For the purposes of this subsection (j), "marketing or
364	364	9 opinion research" means a marketing or opinion research
365	365	10 interview conducted by a live telephone interviewer
366	366	11 engaged by a corporation or other business entity whose
367	367	12 principal business is the design, conduct, and analysis of
368	368	13 polls and surveys measuring the opinions, attitudes, and
369	369	14 responses of respondents toward products and services, or
370	370	15 social or political issues, or both;
371	371	16 (k) Electronic recordings, including but not limited
372	372	17 to, a motion picture, videotape, digital, or other visual
373	373	18 or audio recording, made of a custodial interrogation of
374	374	19 an individual at a police station or other place of
375	375	20 detention by a law enforcement officer under Section
376	376	21 5-401.5 of the Juvenile Court Act of 1987 or Section
377	377	22 103-2.1 of the Code of Criminal Procedure of 1963;
378	378	23 (l) Recording the interview or statement of any person
379	379	24 when the person knows that the interview is being
380	380	25 conducted by a law enforcement officer or prosecutor and
381	381	26 the interview takes place at a police station that is
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392	392	1 currently participating in the Custodial Interview Pilot
393	393	2 Program established under the Illinois Criminal Justice
394	394	3 Information Act;
395	395	4 (m) An electronic recording, including but not limited
396	396	5 to, a motion picture, videotape, digital, or other visual
397	397	6 or audio recording, made of the interior of a school bus
398	398	7 while the school bus is being used in the transportation
399	399	8 of students to and from school and school-sponsored
400	400	9 activities, when the school board has adopted a policy
401	401	10 authorizing such recording, notice of such recording
402	402	11 policy is included in student handbooks and other
403	403	12 documents including the policies of the school, notice of
404	404	13 the policy regarding recording is provided to parents of
405	405	14 students, and notice of such recording is clearly posted
406	406	15 on the door of and inside the school bus.
407	407	16 Recordings made pursuant to this subsection (m) shall
408	408	17 be confidential records and may only be used by school
409	409	18 officials (or their designees) and law enforcement
410	410	19 personnel for investigations, school disciplinary actions
411	411	20 and hearings, proceedings under the Juvenile Court Act of
412	412	21 1987, and criminal prosecutions, related to incidents
413	413	22 occurring in or around the school bus;
414	414	23 (n) Recording or listening to an audio transmission
415	415	24 from a microphone placed by a person under the authority
416	416	25 of a law enforcement agency inside a bait car surveillance
417	417	26 vehicle while simultaneously capturing a photographic or
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428	428	1 video image;
429	429	2 (o) The use of an eavesdropping camera or audio device
430	430	3 during an ongoing hostage or barricade situation by a law
431	431	4 enforcement officer or individual acting on behalf of a
432	432	5 law enforcement officer when the use of such device is
433	433	6 necessary to protect the safety of the general public,
434	434	7 hostages, or law enforcement officers or anyone acting on
435	435	8 their behalf;
436	436	9 (p) Recording or listening with the aid of any device
437	437	10 to incoming telephone calls of phone lines publicly listed
438	438	11 or advertised as the "CPS Violence Prevention Hotline",
439	439	12 but only where the notice of recording is given at the
440	440	13 beginning of each call as required by Section 34-21.8 of
441	441	14 the School Code. The recordings may be retained only by
442	442	15 the Chicago Police Department or other law enforcement
443	443	16 authorities, and shall not be otherwise retained or
444	444	17 disseminated;
445	445	18 (q)(1) With prior request to and written or verbal
446	446	19 approval of the State's Attorney of the county in which
447	447	20 the conversation is anticipated to occur, recording or
448	448	21 listening with the aid of an eavesdropping device to a
449	449	22 conversation in which a law enforcement officer, or any
450	450	23 person acting at the direction of a law enforcement
451	451	24 officer, is a party to the conversation and has consented
452	452	25 to the conversation being intercepted or recorded in the
453	453	26 course of an investigation of a qualified offense. The
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464	464	1 State's Attorney may grant this approval only after
465	465	2 determining that reasonable cause exists to believe that
466	466	3 inculpatory conversations concerning a qualified offense
467	467	4 will occur with a specified individual or individuals
468	468	5 within a designated period of time.
469	469	6 (2) Request for approval. To invoke the exception
470	470	7 contained in this subsection (q), a law enforcement
471	471	8 officer shall make a request for approval to the
472	472	9 appropriate State's Attorney. The request may be written
473	473	10 or verbal; however, a written memorialization of the
474	474	11 request must be made by the State's Attorney. This request
475	475	12 for approval shall include whatever information is deemed
476	476	13 necessary by the State's Attorney but shall include, at a
477	477	14 minimum, the following information about each specified
478	478	15 individual whom the law enforcement officer believes will
479	479	16 commit a qualified offense:
480	480	17 (A) his or her full or partial name, nickname or
481	481	18 alias;
482	482	19 (B) a physical description; or
483	483	20 (C) failing either (A) or (B) of this paragraph
484	484	21 (2), any other supporting information known to the law
485	485	22 enforcement officer at the time of the request that
486	486	23 gives rise to reasonable cause to believe that the
487	487	24 specified individual will participate in an
488	488	25 inculpatory conversation concerning a qualified
489	489	26 offense.
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500	500	1 (3) Limitations on approval. Each written approval by
501	501	2 the State's Attorney under this subsection (q) shall be
502	502	3 limited to:
503	503	4 (A) a recording or interception conducted by a
504	504	5 specified law enforcement officer or person acting at
505	505	6 the direction of a law enforcement officer;
506	506	7 (B) recording or intercepting conversations with
507	507	8 the individuals specified in the request for approval,
508	508	9 provided that the verbal approval shall be deemed to
509	509	10 include the recording or intercepting of conversations
510	510	11 with other individuals, unknown to the law enforcement
511	511	12 officer at the time of the request for approval, who
512	512	13 are acting in conjunction with or as co-conspirators
513	513	14 with the individuals specified in the request for
514	514	15 approval in the commission of a qualified offense;
515	515	16 (C) a reasonable period of time but in no event
516	516	17 longer than 24 consecutive hours;
517	517	18 (D) the written request for approval, if
518	518	19 applicable, or the written memorialization must be
519	519	20 filed, along with the written approval, with the
520	520	21 circuit clerk of the jurisdiction on the next business
521	521	22 day following the expiration of the authorized period
522	522	23 of time, and shall be subject to review by the Chief
523	523	24 Judge or his or her designee as deemed appropriate by
524	524	25 the court.
525	525	26 (3.5) The written memorialization of the request for
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536	536	1 approval and the written approval by the State's Attorney
537	537	2 may be in any format, including via facsimile, email, or
538	538	3 otherwise, so long as it is capable of being filed with the
539	539	4 circuit clerk.
540	540	5 (3.10) Beginning March 1, 2015, each State's Attorney
541	541	6 shall annually submit a report to the General Assembly
542	542	7 disclosing:
543	543	8 (A) the number of requests for each qualified
544	544	9 offense for approval under this subsection; and
545	545	10 (B) the number of approvals for each qualified
546	546	11 offense given by the State's Attorney.
547	547	12 (4) Admissibility of evidence. No part of the contents
548	548	13 of any wire, electronic, or oral communication that has
549	549	14 been recorded or intercepted as a result of this exception
550	550	15 may be received in evidence in any trial, hearing, or
551	551	16 other proceeding in or before any court, grand jury,
552	552	17 department, officer, agency, regulatory body, legislative
553	553	18 committee, or other authority of this State, or a
554	554	19 political subdivision of the State, other than in a
555	555	20 prosecution of:
556	556	21 (A) the qualified offense for which approval was
557	557	22 given to record or intercept a conversation under this
558	558	23 subsection (q);
559	559	24 (B) a forcible felony committed directly in the
560	560	25 course of the investigation of the qualified offense
561	561	26 for which approval was given to record or intercept a
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572	572	1 conversation under this subsection (q); or
573	573	2 (C) any other forcible felony committed while the
574	574	3 recording or interception was approved in accordance
575	575	4 with this subsection (q), but for this specific
576	576	5 category of prosecutions, only if the law enforcement
577	577	6 officer or person acting at the direction of a law
578	578	7 enforcement officer who has consented to the
579	579	8 conversation being intercepted or recorded suffers
580	580	9 great bodily injury or is killed during the commission
581	581	10 of the charged forcible felony.
582	582	11 (5) Compliance with the provisions of this subsection
583	583	12 is a prerequisite to the admissibility in evidence of any
584	584	13 part of the contents of any wire, electronic or oral
585	585	14 communication that has been intercepted as a result of
586	586	15 this exception, but nothing in this subsection shall be
587	587	16 deemed to prevent a court from otherwise excluding the
588	588	17 evidence on any other ground recognized by State or
589	589	18 federal law, nor shall anything in this subsection be
590	590	19 deemed to prevent a court from independently reviewing the
591	591	20 admissibility of the evidence for compliance with the
592	592	21 Fourth Amendment to the U.S. Constitution or with Article
593	593	22 I, Section 6 of the Illinois Constitution.
594	594	23 (6) Use of recordings or intercepts unrelated to
595	595	24 qualified offenses. Whenever any private conversation or
596	596	25 private electronic communication has been recorded or
597	597	26 intercepted as a result of this exception that is not
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608	608	1 related to an offense for which the recording or intercept
609	609	2 is admissible under paragraph (4) of this subsection (q),
610	610	3 no part of the contents of the communication and evidence
611	611	4 derived from the communication may be received in evidence
612	612	5 in any trial, hearing, or other proceeding in or before
613	613	6 any court, grand jury, department, officer, agency,
614	614	7 regulatory body, legislative committee, or other authority
615	615	8 of this State, or a political subdivision of the State,
616	616	9 nor may it be publicly disclosed in any way.
617	617	10 (6.5) The Illinois State Police shall adopt rules as
618	618	11 are necessary concerning the use of devices, retention of
619	619	12 recordings, and reports regarding their use under this
620	620	13 subsection (q).
621	621	14 (7) Definitions. For the purposes of this subsection
622	622	15 (q) only:
623	623	16 "Forcible felony" includes and is limited to those
624	624	17 offenses contained in Section 2-8 of the Criminal Code
625	625	18 of 1961 as of the effective date of this amendatory Act
626	626	19 of the 97th General Assembly, and only as those
627	627	20 offenses have been defined by law or judicial
628	628	21 interpretation as of that date.
629	629	22 "Qualified offense" means and is limited to:
630	630	23 (A) a felony violation of the Cannabis Control
631	631	24 Act, the Illinois Controlled Substances Act, or
632	632	25 the Methamphetamine Control and Community
633	633	26 Protection Act, except for violations of:
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644	644	1 (i) Section 4 of the Cannabis Control Act;
645	645	2 (ii) Section 402 of the Illinois
646	646	3 Controlled Substances Act; and
647	647	4 (iii) Section 60 of the Methamphetamine
648	648	5 Control and Community Protection Act; and
649	649	6 (B) first degree murder, solicitation of
650	650	7 murder for hire, predatory criminal sexual assault
651	651	8 of a child, criminal sexual assault, aggravated
652	652	9 criminal sexual assault, aggravated arson,
653	653	10 kidnapping, aggravated kidnapping, child
654	654	11 abduction, trafficking in persons, involuntary
655	655	12 servitude, involuntary sexual servitude of a
656	656	13 minor, or gunrunning.
657	657	14 "State's Attorney" includes and is limited to the
658	658	15 State's Attorney or an assistant State's Attorney
659	659	16 designated by the State's Attorney to provide verbal
660	660	17 approval to record or intercept conversations under
661	661	18 this subsection (q).
662	662	19 (8) (Blank). Sunset. This subsection (q) is
663	663	20 inoperative on and after January 1, 2027. No conversations
664	664	21 intercepted pursuant to this subsection (q), while
665	665	22 operative, shall be inadmissible in a court of law by
666	666	23 virtue of the inoperability of this subsection (q) on
667	667	24 January 1, 2027.
668	668	25 (9) Recordings, records, and custody. Any private
669	669	26 conversation or private electronic communication
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680	680	1 intercepted by a law enforcement officer or a person
681	681	2 acting at the direction of law enforcement shall, if
682	682	3 practicable, be recorded in such a way as will protect the
683	683	4 recording from editing or other alteration. Any and all
684	684	5 original recordings made under this subsection (q) shall
685	685	6 be inventoried without unnecessary delay pursuant to the
686	686	7 law enforcement agency's policies for inventorying
687	687	8 evidence. The original recordings shall not be destroyed
688	688	9 except upon an order of a court of competent jurisdiction;
689	689	10 and
690	690	11 (r) Electronic recordings, including but not limited
691	691	12 to, motion picture, videotape, digital, or other visual or
692	692	13 audio recording, made of a lineup under Section 107A-2 of
693	693	14 the Code of Criminal Procedure of 1963.
694	694	15 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
695	695	16 102-918, eff. 5-27-22.)
696	696	17 Section 99. Effective date. This Act takes effect upon
697	697	18 becoming law.
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