Sen. Michael Noland

Filed: 2/28/2013

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1
AMENDMENT TO SENATE BILL 1275
2 AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The State Police Act is amended by changing
5Section 14 as follows:
6 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
7 Sec. 14. Except as is otherwise provided in this Act, no
8Department of State Police officer shall be removed, demoted or
9suspended except for cause, upon written charges filed with the
10Board by the Director and a hearing before the Board thereon
11upon not less than 10 days' notice at a place to be designated
12by the chairman thereof. At such hearing, the accused shall be
13afforded full opportunity to be heard in his or her own defense
14and to produce proof in his or her defense. Anyone filing a
15complaint against a State Police Officer must have the
16complaint supported by a sworn affidavit. Any such complaint,

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1having been supported by a sworn affidavit, and having been
2found, in total or in part, to contain false information, shall
3be presented to the appropriate State's Attorney for a
4determination of prosecution. If a recorded conversation
5authorized under subsection (r) of Section 14-3 of the Criminal
6Code of 2012 is used by the complainant as part of the evidence
7of misconduct against the officer and is found to have been
8intentionally altered by or at the direction of the complainant
9to inaccurately reflect the incident at issue, it must be
10presented to the appropriate State's Attorney for a
11determination of prosecution.
12 Before any such officer may be interrogated or examined by
13or before the Board, or by a departmental agent or investigator
14specifically assigned to conduct an internal investigation,
15the results of which hearing, interrogation or examination may
16be the basis for filing charges seeking his or her suspension
17for more than 15 days or his or her removal or discharge, he or
18she shall be advised in writing as to what specific improper or
19illegal act he or she is alleged to have committed; he or she
20shall be advised in writing that his or her admissions made in
21the course of the hearing, interrogation or examination may be
22used as the basis for charges seeking his or her suspension,
23removal or discharge; and he or she shall be advised in writing
24that he or she has a right to counsel of his or her choosing,
25who may be present to advise him or her at any hearing,
26interrogation or examination. A complete record of any hearing,

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1interrogation or examination shall be made, and a complete
2transcript or electronic recording thereof shall be made
3available to such officer without charge and without delay.
4 The Board shall have the power to secure by its subpoena
5both the attendance and testimony of witnesses and the
6production of books and papers in support of the charges and
7for the defense. Each member of the Board or a designated
8hearing officer shall have the power to administer oaths or
9affirmations. If the charges against an accused are established
10by a preponderance of evidence, the Board shall make a finding
11of guilty and order either removal, demotion, suspension for a
12period of not more than 180 days, or such other disciplinary
13punishment as may be prescribed by the rules and regulations of
14the Board which, in the opinion of the members thereof, the
15offense merits. Thereupon the Director shall direct such
16removal or other punishment as ordered by the Board and if the
17accused refuses to abide by any such disciplinary order, the
18Director shall remove him or her forthwith.
19 If the accused is found not guilty or has served a period
20of suspension greater than prescribed by the Board, the Board
21shall order that the officer receive compensation for the
22period involved. The award of compensation shall include
23interest at the rate of 7% per annum.
24 The Board may include in its order appropriate sanctions
25based upon the Board's rules and regulations. If the Board
26finds that a party has made allegations or denials without

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1reasonable cause or has engaged in frivolous litigation for the
2purpose of delay or needless increase in the cost of
3litigation, it may order that party to pay the other party's
4reasonable expenses, including costs and reasonable attorney's
5fees. The State of Illinois and the Department shall be subject
6to these sanctions in the same manner as other parties.
7 In case of the neglect or refusal of any person to obey a
8subpoena issued by the Board, any circuit court, upon
9application of any member of the Board, may order such person
10to appear before the Board and give testimony or produce
11evidence, and any failure to obey such order is punishable by
12the court as a contempt thereof.
13 The provisions of the Administrative Review Law, and all
14amendments and modifications thereof, and the rules adopted
15pursuant thereto, shall apply to and govern all proceedings for
16the judicial review of any order of the Board rendered pursuant
17to the provisions of this Section.
18 Notwithstanding the provisions of this Section, a policy
19making officer, as defined in the Employee Rights Violation
20Act, of the Department of State Police shall be discharged from
21the Department of State Police as provided in the Employee
22Rights Violation Act, enacted by the 85th General Assembly.
23(Source: P.A. 96-891, eff. 5-10-10.)
24 Section 10. The Uniform Peace Officers' Disciplinary Act is
25amended by changing Section 3.8 as follows:

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1 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
2 Sec. 3.8. Admissions; counsel; verified complaint.
3 (a) No officer shall be interrogated without first being
4advised in writing that admissions made in the course of the
5interrogation may be used as evidence of misconduct or as the
6basis for charges seeking suspension, removal, or discharge;
7and without first being advised in writing that he or she has
8the right to counsel of his or her choosing who may be present
9to advise him or her at any stage of any interrogation.
10 (b) Anyone filing a complaint against a sworn peace officer
11must have the complaint supported by a sworn affidavit. Any
12complaint, having been supported by a sworn affidavit, and
13having been found, in total or in part, to contain knowingly
14false material information, shall be presented to the
15appropriate State's Attorney for a determination of
16prosecution. If a recorded conversation authorized under
17subsection (r) of Section 14-3 of the Criminal Code of 2012 is
18used by the complainant as part of the evidence of misconduct
19against the officer and is found to have been intentionally
20altered by or at the direction of the complainant to
21inaccurately reflect the incident at issue, it must be
22presented to the appropriate State's Attorney for a
23determination of prosecution.
24(Source: P.A. 97-472, eff. 8-22-11.)

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1 Section 15. The Criminal Code of 2012 is amended by
2changing Section 14-3 as follows:
3 (720 ILCS 5/14-3)
4 Sec. 14-3. Exemptions. The following activities shall be
5exempt from the provisions of this Article:
6 (a) Listening to radio, wireless and television
7communications of any sort where the same are publicly made;
8 (b) Hearing conversation when heard by employees of any
9common carrier by wire incidental to the normal course of their
10employment in the operation, maintenance or repair of the
11equipment of such common carrier by wire so long as no
12information obtained thereby is used or divulged by the hearer;
13 (c) Any broadcast by radio, television or otherwise whether
14it be a broadcast or recorded for the purpose of later
15broadcasts of any function where the public is in attendance
16and the conversations are overheard incidental to the main
17purpose for which such broadcasts are then being made;
18 (d) Recording or listening with the aid of any device to
19any emergency communication made in the normal course of
20operations by any federal, state or local law enforcement
21agency or institutions dealing in emergency services,
22including, but not limited to, hospitals, clinics, ambulance
23services, fire fighting agencies, any public utility,
24emergency repair facility, civilian defense establishment or
25military installation;

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1 (e) Recording the proceedings of any meeting required to be
2open by the Open Meetings Act, as amended;
3 (f) Recording or listening with the aid of any device to
4incoming telephone calls of phone lines publicly listed or
5advertised as consumer "hotlines" by manufacturers or
6retailers of food and drug products. Such recordings must be
7destroyed, erased or turned over to local law enforcement
8authorities within 24 hours from the time of such recording and
9shall not be otherwise disseminated. Failure on the part of the
10individual or business operating any such recording or
11listening device to comply with the requirements of this
12subsection shall eliminate any civil or criminal immunity
13conferred upon that individual or business by the operation of
14this Section;
15 (g) With prior notification to the State's Attorney of the
16county in which it is to occur, recording or listening with the
17aid of any device to any conversation where a law enforcement
18officer, or any person acting at the direction of law
19enforcement, is a party to the conversation and has consented
20to it being intercepted or recorded under circumstances where
21the use of the device is necessary for the protection of the
22law enforcement officer or any person acting at the direction
23of law enforcement, in the course of an investigation of a
24forcible felony, a felony offense of involuntary servitude,
25involuntary sexual servitude of a minor, or trafficking in
26persons under Section 10-9 of this Code, an offense involving

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1prostitution, solicitation of a sexual act, or pandering, a
2felony violation of the Illinois Controlled Substances Act, a
3felony violation of the Cannabis Control Act, a felony
4violation of the Methamphetamine Control and Community
5Protection Act, any "streetgang related" or "gang-related"
6felony as those terms are defined in the Illinois Streetgang
7Terrorism Omnibus Prevention Act, or any felony offense
8involving any weapon listed in paragraphs (1) through (11) of
9subsection (a) of Section 24-1 of this Code. Any recording or
10evidence derived as the result of this exemption shall be
11inadmissible in any proceeding, criminal, civil or
12administrative, except (i) where a party to the conversation
13suffers great bodily injury or is killed during such
14conversation, or (ii) when used as direct impeachment of a
15witness concerning matters contained in the interception or
16recording. The Director of the Department of State Police shall
17issue regulations as are necessary concerning the use of
18devices, retention of tape recordings, and reports regarding
19their use;
20 (g-5) With approval of the State's Attorney of the county
21in which it is to occur, recording or listening with the aid of
22any device to any conversation where a law enforcement officer,
23or any person acting at the direction of law enforcement, is a
24party to the conversation and has consented to it being
25intercepted or recorded in the course of an investigation of
26any offense defined in Article 29D of this Code. In all such

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1cases, an application for an order approving the previous or
2continuing use of an eavesdropping device must be made within
348 hours of the commencement of such use. In the absence of
4such an order, or upon its denial, any continuing use shall
5immediately terminate. The Director of State Police shall issue
6rules as are necessary concerning the use of devices, retention
7of tape recordings, and reports regarding their use.
8 Any recording or evidence obtained or derived in the course
9of an investigation of any offense defined in Article 29D of
10this Code shall, upon motion of the State's Attorney or
11Attorney General prosecuting any violation of Article 29D, be
12reviewed in camera with notice to all parties present by the
13court presiding over the criminal case, and, if ruled by the
14court to be relevant and otherwise admissible, it shall be
15admissible at the trial of the criminal case.
16 This subsection (g-5) is inoperative on and after January
171, 2005. No conversations recorded or monitored pursuant to
18this subsection (g-5) shall be inadmissible in a court of law
19by virtue of the repeal of this subsection (g-5) on January 1,
202005;
21 (g-6) With approval of the State's Attorney of the county
22in which it is to occur, recording or listening with the aid of
23any device to any conversation where a law enforcement officer,
24or any person acting at the direction of law enforcement, is a
25party to the conversation and has consented to it being
26intercepted or recorded in the course of an investigation of

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1involuntary servitude, involuntary sexual servitude of a
2minor, trafficking in persons, child pornography, aggravated
3child pornography, indecent solicitation of a child, child
4abduction, luring of a minor, sexual exploitation of a child,
5predatory criminal sexual assault of a child, aggravated
6criminal sexual abuse in which the victim of the offense was at
7the time of the commission of the offense under 18 years of
8age, criminal sexual abuse by force or threat of force in which
9the victim of the offense was at the time of the commission of
10the offense under 18 years of age, or aggravated criminal
11sexual assault in which the victim of the offense was at the
12time of the commission of the offense under 18 years of age. In
13all such cases, an application for an order approving the
14previous or continuing use of an eavesdropping device must be
15made within 48 hours of the commencement of such use. In the
16absence of such an order, or upon its denial, any continuing
17use shall immediately terminate. The Director of State Police
18shall issue rules as are necessary concerning the use of
19devices, retention of recordings, and reports regarding their
20use. Any recording or evidence obtained or derived in the
21course of an investigation of involuntary servitude,
22involuntary sexual servitude of a minor, trafficking in
23persons, child pornography, aggravated child pornography,
24indecent solicitation of a child, child abduction, luring of a
25minor, sexual exploitation of a child, predatory criminal
26sexual assault of a child, aggravated criminal sexual abuse in

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1which the victim of the offense was at the time of the
2commission of the offense under 18 years of age, criminal
3sexual abuse by force or threat of force in which the victim of
4the offense was at the time of the commission of the offense
5under 18 years of age, or aggravated criminal sexual assault in
6which the victim of the offense was at the time of the
7commission of the offense under 18 years of age shall, upon
8motion of the State's Attorney or Attorney General prosecuting
9any case involving involuntary servitude, involuntary sexual
10servitude of a minor, trafficking in persons, child
11pornography, aggravated child pornography, indecent
12solicitation of a child, child abduction, luring of a minor,
13sexual exploitation of a child, predatory criminal sexual
14assault of a child, aggravated criminal sexual abuse in which
15the victim of the offense was at the time of the commission of
16the offense under 18 years of age, criminal sexual abuse by
17force or threat of force in which the victim of the offense was
18at the time of the commission of the offense under 18 years of
19age, or aggravated criminal sexual assault in which the victim
20of the offense was at the time of the commission of the offense
21under 18 years of age, be reviewed in camera with notice to all
22parties present by the court presiding over the criminal case,
23and, if ruled by the court to be relevant and otherwise
24admissible, it shall be admissible at the trial of the criminal
25case. Absent such a ruling, any such recording or evidence
26shall not be admissible at the trial of the criminal case;

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1 (h) Recordings made simultaneously with the use of an
2in-car video camera recording of an oral conversation between a
3uniformed peace officer, who has identified his or her office,
4and a person in the presence of the peace officer whenever (i)
5an officer assigned a patrol vehicle is conducting an
6enforcement stop; or (ii) patrol vehicle emergency lights are
7activated or would otherwise be activated if not for the need
8to conceal the presence of law enforcement.
9 For the purposes of this subsection (h), "enforcement stop"
10means an action by a law enforcement officer in relation to
11enforcement and investigation duties, including but not
12limited to, traffic stops, pedestrian stops, abandoned vehicle
13contacts, motorist assists, commercial motor vehicle stops,
14roadside safety checks, requests for identification, or
15responses to requests for emergency assistance;
16 (h-5) Recordings of utterances made by a person while in
17the presence of a uniformed peace officer and while an occupant
18of a police vehicle including, but not limited to, (i)
19recordings made simultaneously with the use of an in-car video
20camera and (ii) recordings made in the presence of the peace
21officer utilizing video or audio systems, or both, authorized
22by the law enforcement agency;
23 (h-10) Recordings made simultaneously with a video camera
24recording during the use of a taser or similar weapon or device
25by a peace officer if the weapon or device is equipped with
26such camera;

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1 (h-15) Recordings made under subsection (h), (h-5), or
2(h-10) shall be retained by the law enforcement agency that
3employs the peace officer who made the recordings for a storage
4period of 90 days, unless the recordings are made as a part of
5an arrest or the recordings are deemed evidence in any
6criminal, civil, or administrative proceeding and then the
7recordings must only be destroyed upon a final disposition and
8an order from the court. Under no circumstances shall any
9recording be altered or erased prior to the expiration of the
10designated storage period. Upon completion of the storage
11period, the recording medium may be erased and reissued for
12operational use;
13 (i) Recording of a conversation made by or at the request
14of a person, not a law enforcement officer or agent of a law
15enforcement officer, who is a party to the conversation, under
16reasonable suspicion that another party to the conversation is
17committing, is about to commit, or has committed a criminal
18offense against the person or a member of his or her immediate
19household, and there is reason to believe that evidence of the
20criminal offense may be obtained by the recording;
21 (j) The use of a telephone monitoring device by either (1)
22a corporation or other business entity engaged in marketing or
23opinion research or (2) a corporation or other business entity
24engaged in telephone solicitation, as defined in this
25subsection, to record or listen to oral telephone solicitation
26conversations or marketing or opinion research conversations

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1by an employee of the corporation or other business entity
2when:
3 (i) the monitoring is used for the purpose of service
4 quality control of marketing or opinion research or
5 telephone solicitation, the education or training of
6 employees or contractors engaged in marketing or opinion
7 research or telephone solicitation, or internal research
8 related to marketing or opinion research or telephone
9 solicitation; and
10 (ii) the monitoring is used with the consent of at
11 least one person who is an active party to the marketing or
12 opinion research conversation or telephone solicitation
13 conversation being monitored.
14 No communication or conversation or any part, portion, or
15aspect of the communication or conversation made, acquired, or
16obtained, directly or indirectly, under this exemption (j), may
17be, directly or indirectly, furnished to any law enforcement
18officer, agency, or official for any purpose or used in any
19inquiry or investigation, or used, directly or indirectly, in
20any administrative, judicial, or other proceeding, or divulged
21to any third party.
22 When recording or listening authorized by this subsection
23(j) on telephone lines used for marketing or opinion research
24or telephone solicitation purposes results in recording or
25listening to a conversation that does not relate to marketing
26or opinion research or telephone solicitation; the person

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1recording or listening shall, immediately upon determining
2that the conversation does not relate to marketing or opinion
3research or telephone solicitation, terminate the recording or
4listening and destroy any such recording as soon as is
5practicable.
6 Business entities that use a telephone monitoring or
7telephone recording system pursuant to this exemption (j) shall
8provide current and prospective employees with notice that the
9monitoring or recordings may occur during the course of their
10employment. The notice shall include prominent signage
11notification within the workplace.
12 Business entities that use a telephone monitoring or
13telephone recording system pursuant to this exemption (j) shall
14provide their employees or agents with access to personal-only
15telephone lines which may be pay telephones, that are not
16subject to telephone monitoring or telephone recording.
17 For the purposes of this subsection (j), "telephone
18solicitation" means a communication through the use of a
19telephone by live operators:
20 (i) soliciting the sale of goods or services;
21 (ii) receiving orders for the sale of goods or
22 services;
23 (iii) assisting in the use of goods or services; or
24 (iv) engaging in the solicitation, administration, or
25 collection of bank or retail credit accounts.
26 For the purposes of this subsection (j), "marketing or

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1opinion research" means a marketing or opinion research
2interview conducted by a live telephone interviewer engaged by
3a corporation or other business entity whose principal business
4is the design, conduct, and analysis of polls and surveys
5measuring the opinions, attitudes, and responses of
6respondents toward products and services, or social or
7political issues, or both;
8 (k) Electronic recordings, including but not limited to, a
9motion picture, videotape, digital, or other visual or audio
10recording, made of a custodial interrogation of an individual
11at a police station or other place of detention by a law
12enforcement officer under Section 5-401.5 of the Juvenile Court
13Act of 1987 or Section 103-2.1 of the Code of Criminal
14Procedure of 1963;
15 (l) Recording the interview or statement of any person when
16the person knows that the interview is being conducted by a law
17enforcement officer or prosecutor and the interview takes place
18at a police station that is currently participating in the
19Custodial Interview Pilot Program established under the
20Illinois Criminal Justice Information Act;
21 (m) An electronic recording, including but not limited to,
22a motion picture, videotape, digital, or other visual or audio
23recording, made of the interior of a school bus while the
24school bus is being used in the transportation of students to
25and from school and school-sponsored activities, when the
26school board has adopted a policy authorizing such recording,

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1notice of such recording policy is included in student
2handbooks and other documents including the policies of the
3school, notice of the policy regarding recording is provided to
4parents of students, and notice of such recording is clearly
5posted on the door of and inside the school bus.
6 Recordings made pursuant to this subsection (m) shall be
7confidential records and may only be used by school officials
8(or their designees) and law enforcement personnel for
9investigations, school disciplinary actions and hearings,
10proceedings under the Juvenile Court Act of 1987, and criminal
11prosecutions, related to incidents occurring in or around the
12school bus;
13 (n) Recording or listening to an audio transmission from a
14microphone placed by a person under the authority of a law
15enforcement agency inside a bait car surveillance vehicle while
16simultaneously capturing a photographic or video image;
17 (o) The use of an eavesdropping camera or audio device
18during an ongoing hostage or barricade situation by a law
19enforcement officer or individual acting on behalf of a law
20enforcement officer when the use of such device is necessary to
21protect the safety of the general public, hostages, or law
22enforcement officers or anyone acting on their behalf;
23 (p) Recording or listening with the aid of any device to
24incoming telephone calls of phone lines publicly listed or
25advertised as the "CPS Violence Prevention Hotline", but only
26where the notice of recording is given at the beginning of each

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1call as required by Section 34-21.8 of the School Code. The
2recordings may be retained only by the Chicago Police
3Department or other law enforcement authorities, and shall not
4be otherwise retained or disseminated; and
5 (q)(1) With prior request to and verbal approval of the
6State's Attorney of the county in which the conversation is
7anticipated to occur, recording or listening with the aid of an
8eavesdropping device to a conversation in which a law
9enforcement officer, or any person acting at the direction of a
10law enforcement officer, is a party to the conversation and has
11consented to the conversation being intercepted or recorded in
12the course of an investigation of a drug offense. The State's
13Attorney may grant this verbal approval only after determining
14that reasonable cause exists to believe that a drug offense
15will be committed by a specified individual or individuals
16within a designated period of time.
17 (2) Request for approval. To invoke the exception contained
18in this subsection (q), a law enforcement officer shall make a
19written or verbal request for approval to the appropriate
20State's Attorney. This request for approval shall include
21whatever information is deemed necessary by the State's
22Attorney but shall include, at a minimum, the following
23information about each specified individual whom the law
24enforcement officer believes will commit a drug offense:
25 (A) his or her full or partial name, nickname or alias;
26 (B) a physical description; or

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1 (C) failing either (A) or (B) of this paragraph (2),
2 any other supporting information known to the law
3 enforcement officer at the time of the request that gives
4 rise to reasonable cause to believe the individual will
5 commit a drug offense.
6 (3) Limitations on verbal approval. Each verbal approval by
7the State's Attorney under this subsection (q) shall be limited
8to:
9 (A) a recording or interception conducted by a
10 specified law enforcement officer or person acting at the
11 direction of a law enforcement officer;
12 (B) recording or intercepting conversations with the
13 individuals specified in the request for approval,
14 provided that the verbal approval shall be deemed to
15 include the recording or intercepting of conversations
16 with other individuals, unknown to the law enforcement
17 officer at the time of the request for approval, who are
18 acting in conjunction with or as co-conspirators with the
19 individuals specified in the request for approval in the
20 commission of a drug offense;
21 (C) a reasonable period of time but in no event longer
22 than 24 consecutive hours.
23 (4) Admissibility of evidence. No part of the contents of
24any wire, electronic, or oral communication that has been
25recorded or intercepted as a result of this exception may be
26received in evidence in any trial, hearing, or other proceeding

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1in or before any court, grand jury, department, officer,
2agency, regulatory body, legislative committee, or other
3authority of this State, or a political subdivision of the
4State, other than in a prosecution of:
5 (A) a drug offense;
6 (B) a forcible felony committed directly in the course
7 of the investigation of a drug offense for which verbal
8 approval was given to record or intercept a conversation
9 under this subsection (q); or
10 (C) any other forcible felony committed while the
11 recording or interception was approved in accordance with
12 this Section (q), but for this specific category of
13 prosecutions, only if the law enforcement officer or person
14 acting at the direction of a law enforcement officer who
15 has consented to the conversation being intercepted or
16 recorded suffers great bodily injury or is killed during
17 the commission of the charged forcible felony.
18 (5) Compliance with the provisions of this subsection is a
19prerequisite to the admissibility in evidence of any part of
20the contents of any wire, electronic or oral communication that
21has been intercepted as a result of this exception, but nothing
22in this subsection shall be deemed to prevent a court from
23otherwise excluding the evidence on any other ground, nor shall
24anything in this subsection be deemed to prevent a court from
25independently reviewing the admissibility of the evidence for
26compliance with the Fourth Amendment to the U.S. Constitution

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1or with Article I, Section 6 of the Illinois Constitution.
2 (6) Use of recordings or intercepts unrelated to drug
3offenses. Whenever any wire, electronic, or oral communication
4has been recorded or intercepted as a result of this exception
5that is not related to a drug offense or a forcible felony
6committed in the course of a drug offense, no part of the
7contents of the communication and evidence derived from the
8communication may be received in evidence in any trial,
9hearing, or other proceeding in or before any court, grand
10jury, department, officer, agency, regulatory body,
11legislative committee, or other authority of this State, or a
12political subdivision of the State, nor may it be publicly
13disclosed in any way.
14 (7) Definitions. For the purposes of this subsection (q)
15only:
16 "Drug offense" includes and is limited to a felony
17 violation of one of the following: (A) the Illinois
18 Controlled Substances Act, (B) the Cannabis Control Act,
19 and (C) the Methamphetamine Control and Community
20 Protection Act.
21 "Forcible felony" includes and is limited to those
22 offenses contained in Section 2-8 of the Criminal Code of
23 1961 as of the effective date of this amendatory Act of the
24 97th General Assembly, and only as those offenses have been
25 defined by law or judicial interpretation as of that date.
26 "State's Attorney" includes and is limited to the

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1 State's Attorney or an assistant State's Attorney
2 designated by the State's Attorney to provide verbal
3 approval to record or intercept conversations under this
4 subsection (q).
5 (8) Sunset. This subsection (q) is inoperative on and after
6January 1, 2015. No conversations intercepted pursuant to this
7subsection (q), while operative, shall be inadmissible in a
8court of law by virtue of the inoperability of this subsection
9(q) on January 1, 2015; and .
10 (r) A person may record the conversation of a law
11enforcement officer who is performing a public duty in a public
12place and any other person who is having a conversation with
13that law enforcement officer if:
14 (1) the conversation is at a volume audible to the
15 unassisted ear of the person who is making the recording;
16 (2) there is no reasonable expectation of privacy; and
17 (3) if the person recording is a law enforcement
18 officer, the person must notify the parties that the
19 conversation is being recorded.
20 For purposes of this subsection (r), "public place"
21means any place to which the public has access and includes,
22but is not limited to, streets, sidewalks, parks, and highways
23(including inside motor vehicles), and the common areas of
24public and private facilities and buildings.
25(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
2696-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.

09800SB1275sam001- 23 -LRB098 08789 RLC 40700 a
17-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
2eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised
38-23-12.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.".