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Public Act 096-1425 Public Act 1425 96TH GENERAL ASSEMBLY |
Public Act 096-1425 | HB4647 Enrolled | LRB096 14958 MJR 29856 b |
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| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The School Code is amended by adding Section | 34-21.8 as follows: | (105 ILCS 5/34-21.8 new) | Sec. 34-21.8. Chicago public schools violence prevention | hotline. | (a) In consultation with the Chicago Police Department, the | Board must establish a hotline for the purpose of receiving | anonymous phone calls for information that may prevent | violence. | (b) Calls that are placed to the hotline must be answered | by the Chicago Police Department. | (c) Each call placed to the hotline must be recorded and | investigated by the Chicago Police Department. | (d) Prior to receiving any information, notice must be | provided to the caller that the call is being recorded for | investigation by the Chicago Police Department. The notice may | be provided by a pre-recorded message or otherwise. | (e) The hotline shall be known as the "CPS Violence | Prevention Hotline" and its number and anonymous nature must be | posted in all Chicago Public Schools.
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| Section 10. The Criminal Code of 1961 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 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 | 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 | 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 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
| 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) 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 | 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 | 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, 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. 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 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, 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 | 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, 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 | 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 | 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
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| 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.
| 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 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 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; and | (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 ; and . | (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. | (Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07; | 95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff. | 8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff. | 8-25-09; revised 10-9-09.) |
| Section 90. The State Mandates Act is amended by adding | Section 8.34 as follows: | (30 ILCS 805/8.34 new) | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | of this Act, no reimbursement by the State is required for the | implementation of any mandate created by this amendatory Act of | the 96th General Assembly. |
Effective Date: 1/1/2011
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