Sen. Patrick J. Joyce
Filed: 4/4/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 3893




2 AMENDMENT NO. ______. Amend House Bill 3893 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 14-3 and 33G-9 as follows:

6 (720 ILCS 5/14-3)
7 Sec. 14-3. Exemptions. The following activities shall be

8exempt from the provisions of this Article:
9  (a) Listening to radio, wireless electronic 
10 communications, and television communications of
any sort 
11 where the same are publicly made;
12  (b) Hearing conversation when heard by employees of 
13 any common
carrier by wire incidental to the normal course 
14 of their employment in
the operation, maintenance or 
15 repair of the equipment of such common
carrier by wire so 
16 long as no information obtained thereby is used or

 
 
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1 divulged by the hearer;
2  (c) Any broadcast by radio, television or otherwise 
3 whether it be a
broadcast or recorded for the purpose of 
4 later broadcasts of any
function where the public is in 
5 attendance and the conversations are
overheard incidental 
6 to the main purpose for which such broadcasts are
then 
7 being made;
8  (d) Recording or listening with the aid of any device 
9 to any
emergency communication made in the normal course 
10 of operations by any
federal, state or local law 
11 enforcement agency or institutions dealing
in emergency 
12 services, including, but not limited to, hospitals,

13 clinics, ambulance services, fire fighting agencies, any 
14 public utility,
emergency repair facility, civilian 
15 defense establishment or military
installation;
16  (e) Recording the proceedings of any meeting required 
17 to be open by
the Open Meetings Act, as amended;
18  (f) Recording or listening with the aid of any device 
19 to incoming
telephone calls of phone lines publicly listed 
20 or advertised as consumer
"hotlines" by manufacturers or 
21 retailers of food and drug products. Such
recordings must 
22 be destroyed, erased or turned over to local law

23 enforcement authorities within 24 hours from the time of 
24 such recording and
shall not be otherwise disseminated. 
25 Failure on the part of the individual
or business 
26 operating any such recording or listening device to comply 
 
 
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1 with
the requirements of this subsection shall eliminate 
2 any civil or criminal
immunity conferred upon that 
3 individual or business by the operation of
this Section;
4  (g) With prior notification to the State's Attorney of 
5 the
county in which
it is to occur, recording or listening 
6 with the aid of any device to any
conversation
where a law 
7 enforcement officer, or any person acting at the direction 
8 of law
enforcement, is a party to the conversation and has 
9 consented to it being
intercepted or recorded under 
10 circumstances where the use of the device is
necessary for 
11 the protection of the law enforcement officer or any 
12 person
acting at the direction of law enforcement, in the 
13 course of an
investigation
of a forcible felony, a felony 
14 offense of involuntary servitude, involuntary sexual 
15 servitude of a minor, or trafficking in persons under 
16 Section 10-9 of this Code, an offense involving 
17 prostitution, solicitation of a sexual act, or pandering, 
18 a felony violation of the Illinois Controlled Substances

19 Act, a felony violation of the Cannabis Control Act, a 
20 felony violation of the Methamphetamine Control and 
21 Community Protection Act, any "streetgang
related" or 
22 "gang-related" felony as those terms are defined in the 
23 Illinois
Streetgang Terrorism Omnibus Prevention Act, or 
24 any felony offense involving any weapon listed in 
25 paragraphs (1) through (11) of subsection (a) of Section 
26 24-1 of this Code.
Any recording or evidence derived
as 
 
 
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1 the
result of this exemption shall be inadmissible in any 
2 proceeding, criminal,
civil or
administrative, except (i) 
3 where a party to the conversation suffers great
bodily 
4 injury or is killed during such conversation, or
(ii)
when 
5 used as direct impeachment of a witness concerning matters 
6 contained in
the interception or recording. The Director 
7 of the Illinois State Police shall issue regulations as 
8 are necessary concerning the use of
devices, retention of 
9 tape recordings, and reports regarding their
use;
10  (g-5) (Blank);
11  (g-6) With approval of the State's Attorney of the 
12 county in which it is to occur, recording or listening 
13 with the aid of any device to any conversation where a law 
14 enforcement officer, or any person acting at the direction 
15 of law enforcement, is a party to the conversation and has 
16 consented to it being intercepted or recorded in the 
17 course of an investigation of child pornography, 
18 aggravated child pornography, indecent solicitation of a 
19 child, luring of a minor, sexual exploitation of a child, 
20 aggravated criminal sexual abuse in which the victim of 
21 the offense was at the time of the commission of the 
22 offense under 18 years of age, or criminal sexual abuse by 
23 force or threat of force in which the victim of the offense 
24 was at the time of the commission of the offense under 18 
25 years of age. In all such cases, an application for an 
26 order approving the previous or continuing use of an 
 
 
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1 eavesdropping device must be made within 48 hours of the 
2 commencement of such use. In the absence of such an order, 
3 or upon its denial, any continuing use shall immediately 
4 terminate. The Director of the Illinois State Police shall 
5 issue rules as are necessary concerning the use of 
6 devices, retention of recordings, and reports regarding 
7 their use.
Any recording or evidence obtained or derived 
8 in the course of an investigation of child pornography, 
9 aggravated child pornography, indecent solicitation of a 
10 child, luring of a minor, sexual exploitation of a child, 
11 aggravated criminal sexual abuse in which the victim of 
12 the offense was at the time of the commission of the 
13 offense under 18 years of age, or criminal sexual abuse by 
14 force or threat of force in which the victim of the offense 
15 was at the time of the commission of the offense under 18 
16 years of age shall, upon motion of the State's Attorney or 
17 Attorney General prosecuting any case involving child 
18 pornography, aggravated child pornography, indecent 
19 solicitation of a child, luring of a minor, sexual 
20 exploitation of a child, aggravated criminal sexual abuse 
21 in which the victim of the offense was at the time of the 
22 commission of the offense under 18 years of age, or 
23 criminal sexual abuse by force or threat of force in which 
24 the victim of the offense was at the time of the commission 
25 of the offense under 18 years of age be reviewed in camera 
26 with notice to all parties present by the court presiding 
 
 
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1 over the criminal case, and, if ruled by the court to be 
2 relevant and otherwise admissible, it shall be admissible 
3 at the trial of the criminal case. Absent such a ruling, 
4 any such recording or evidence shall not be admissible at 
5 the trial of the criminal case;
6  (h) Recordings made simultaneously with the use of an 
7 in-car video camera recording of an oral
conversation 
8 between a uniformed peace officer, who has identified his 
9 or her office, and
a person in the presence of the peace 
10 officer whenever (i) an officer assigned a patrol vehicle 
11 is conducting an enforcement stop; or (ii) patrol vehicle 
12 emergency lights are activated or would otherwise be 
13 activated if not for the need to conceal the presence of 
14 law enforcement.
15  For the purposes of this subsection (h), "enforcement 
16 stop" means an action by a law enforcement officer in 
17 relation to enforcement and investigation duties, 
18 including but not limited to, traffic stops, pedestrian 
19 stops, abandoned vehicle contacts, motorist assists, 
20 commercial motor vehicle stops, roadside safety checks, 
21 requests for identification, or responses to requests for 
22 emergency assistance;
23  (h-5) Recordings of utterances made by a person while 
24 in the presence of a uniformed peace officer and while an 
25 occupant of a police vehicle including, but not limited 
26 to, (i) recordings made simultaneously with the use of an 
 
 
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1 in-car video camera and (ii) recordings made in the 
2 presence of the peace officer utilizing video or audio 
3 systems, or both, authorized by the law enforcement 
4 agency;
5  (h-10) Recordings made simultaneously with a video 
6 camera recording during
the use of a taser or similar 
7 weapon or device by a peace officer if the weapon or device 
8 is equipped with such camera;
9  (h-15) Recordings made under subsection (h), (h-5), or 
10 (h-10) shall be retained by the law enforcement agency 
11 that employs the peace officer who made the recordings for 
12 a storage period of 90 days, unless the recordings are 
13 made as a part of an arrest or the recordings are deemed 
14 evidence in any criminal, civil, or administrative 
15 proceeding and then the recordings must only be destroyed 
16 upon a final disposition and an order from the court. 
17 Under no circumstances shall any recording be altered or 
18 erased prior to the expiration of the designated storage 
19 period. Upon completion of the storage period, the 
20 recording medium may be erased and reissued for 
21 operational use;
22  (i) Recording of a conversation made by or at the 
23 request of a person, not a
law enforcement officer or 
24 agent of a law enforcement officer, who is a party
to the 
25 conversation, under reasonable suspicion that another 
26 party to the
conversation is committing, is about to 
 
 
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1 commit, or has committed a criminal
offense against the 
2 person or a member of his or her immediate household, and

3 there is reason to believe that evidence of the criminal 
4 offense may be
obtained by the recording;
5  (j) The use of a telephone monitoring device by either 
6 (1) a
corporation or other business entity engaged in 
7 marketing or opinion research
or (2) a corporation or 
8 other business entity engaged in telephone
solicitation, 
9 as
defined in this subsection, to record or listen to oral 
10 telephone solicitation
conversations or marketing or 
11 opinion research conversations by an employee of
the 
12 corporation or other business entity when:
13   (i) the monitoring is used for the purpose of 
14 service quality control of
marketing or opinion 
15 research or telephone solicitation, the education or

16 training of employees or contractors
engaged in 
17 marketing or opinion research or telephone 
18 solicitation, or internal
research related to 
19 marketing or
opinion research or telephone

20 solicitation; and
21   (ii) the monitoring is used with the consent of at 
22 least one person who
is an active party to the 
23 marketing or opinion research conversation or

24 telephone solicitation conversation being
monitored.
25  No communication or conversation or any part, portion, 
26 or aspect of the
communication or conversation made, 
 
 
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1 acquired, or obtained, directly or
indirectly,
under this 
2 exemption (j), may be, directly or indirectly, furnished 
3 to any law
enforcement officer, agency, or official for 
4 any purpose or used in any inquiry
or investigation, or 
5 used, directly or indirectly, in any administrative,

6 judicial, or other proceeding, or divulged to any third 
7 party.
8  When recording or listening authorized by this 
9 subsection (j) on telephone
lines used for marketing or 
10 opinion research or telephone solicitation purposes

11 results in recording or
listening to a conversation that 
12 does not relate to marketing or opinion
research or 
13 telephone solicitation; the
person recording or listening 
14 shall, immediately upon determining that the
conversation 
15 does not relate to marketing or opinion research or 
16 telephone
solicitation, terminate the recording
or 
17 listening and destroy any such recording as soon as is 
18 practicable.
19  Business entities that use a telephone monitoring or 
20 telephone recording
system pursuant to this exemption (j) 
21 shall provide current and prospective
employees with 
22 notice that the monitoring or recordings may occur during 
23 the
course of their employment. The notice shall include 
24 prominent signage
notification within the workplace.
25  Business entities that use a telephone monitoring or 
26 telephone recording
system pursuant to this exemption (j) 
 
 
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1 shall provide their employees or agents
with access to 
2 personal-only telephone lines which may be pay telephones, 
3 that
are not subject to telephone monitoring or telephone 
4 recording.
5  For the purposes of this subsection (j), "telephone 
6 solicitation" means a
communication through the use of a 
7 telephone by live operators:
8   (i) soliciting the sale of goods or services;
9   (ii) receiving orders for the sale of goods or 
10 services;
11   (iii) assisting in the use of goods or services; 
12 or
13   (iv) engaging in the solicitation, administration, 
14 or collection of bank
or
retail credit accounts.
15  For the purposes of this subsection (j), "marketing or 
16 opinion research"
means
a marketing or opinion research 
17 interview conducted by a live telephone
interviewer 
18 engaged by a corporation or other business entity whose 
19 principal
business is the design, conduct, and analysis of 
20 polls and surveys measuring
the
opinions, attitudes, and 
21 responses of respondents toward products and services,
or 
22 social or political issues, or both;
23  (k) Electronic recordings, including but not limited 
24 to, a motion picture,
videotape, digital, or other visual 
25 or audio recording, made of a custodial
interrogation of 
26 an individual at a police station or other place of 
 
 
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1 detention
by a law enforcement officer under Section 
2 5-401.5 of the Juvenile Court Act of
1987 or Section 
3 103-2.1 of the Code of Criminal Procedure of 1963;
4  (l) Recording the interview or statement of any person 
5 when the person
knows that the interview is being 
6 conducted by a law enforcement officer or
prosecutor and 
7 the interview takes place at a police station that is 
8 currently
participating in the Custodial Interview Pilot 
9 Program established under the
Illinois Criminal Justice 
10 Information Act;
11  (m) An electronic recording, including but not limited 
12 to, a motion picture,
videotape, digital, or other visual 
13 or audio recording, made of the interior of a school bus 
14 while the school bus is being used in the transportation 
15 of students to and from school and school-sponsored 
16 activities, when the school board has adopted a policy 
17 authorizing such recording, notice of such recording 
18 policy is included in student handbooks and other 
19 documents including the policies of the school, notice of 
20 the policy regarding recording is provided to parents of 
21 students, and notice of such recording is clearly posted 
22 on the door of and inside the school bus.

23  Recordings made pursuant to this subsection (m) shall 
24 be confidential records and may only be used by school 
25 officials (or their designees) and law enforcement 
26 personnel for investigations, school disciplinary actions 
 
 
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1 and hearings, proceedings under the Juvenile Court Act of 
2 1987, and criminal prosecutions, related to incidents 
3 occurring in or around the school bus; 
4  (n)
Recording or listening to an audio transmission 
5 from a microphone placed by a person under the authority 
6 of a law enforcement agency inside a bait car surveillance 
7 vehicle while simultaneously capturing a photographic or 
8 video image; 
9  (o) The use of an eavesdropping camera or audio device 
10 during an ongoing hostage or barricade situation by a law 
11 enforcement officer or individual acting on behalf of a 
12 law enforcement officer when the use of such device is 
13 necessary to protect the safety of the general public, 
14 hostages, or law enforcement officers or anyone acting on 
15 their behalf; 
16  (p) Recording or listening with the aid of any device 
17 to incoming telephone calls of phone lines publicly listed 
18 or advertised as the "CPS Violence Prevention Hotline", 
19 but only where the notice of recording is given at the 
20 beginning of each call as required by Section 34-21.8 of 
21 the School Code. The recordings may be retained only by 
22 the Chicago Police Department or other law enforcement 
23 authorities, and shall not be otherwise retained or 
24 disseminated; 
25  (q)(1) With prior request to and written or verbal 
26 approval of the State's Attorney of the county in which 
 
 
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1 the conversation is anticipated to occur, recording or 
2 listening with the aid of an eavesdropping device to a 
3 conversation in which a law enforcement officer, or any 
4 person acting at the direction of a law enforcement 
5 officer, is a party to the conversation and has consented 
6 to the conversation being intercepted or recorded in the 
7 course of an investigation of a qualified offense. The 
8 State's Attorney may grant this approval only after 
9 determining that reasonable cause exists to believe that 
10 inculpatory conversations concerning a qualified offense 
11 will occur with a specified individual or individuals 
12 within a designated period of time.
13  (2) Request for approval. To invoke the exception 
14 contained in this subsection (q), a law enforcement 
15 officer shall make a request for approval to the 
16 appropriate State's Attorney. The request may be written 
17 or verbal; however, a written memorialization of the 
18 request must be made by the State's Attorney. This request 
19 for approval shall include whatever information is deemed 
20 necessary by the State's Attorney but shall include, at a 
21 minimum, the following information about each specified 
22 individual whom the law enforcement officer believes will 
23 commit a qualified offense:
24   (A) his or her full or partial name, nickname or 
25 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 
4 gives rise to reasonable cause to believe that the 
5 specified individual will participate in an 
6 inculpatory conversation concerning a qualified 
7 offense.
8  (3) Limitations on approval. Each written approval by 
9 the State's Attorney under this subsection (q) shall be 
10 limited to:
11   (A) a recording or interception conducted by a 
12 specified law enforcement officer or person acting at 
13 the direction of a law enforcement officer;
14   (B) recording or intercepting conversations with 
15 the individuals specified in the request for approval, 
16 provided that the verbal approval shall be deemed to 
17 include the recording or intercepting of conversations 
18 with other individuals, unknown to the law enforcement 
19 officer at the time of the request for approval, who 
20 are acting in conjunction with or as co-conspirators 
21 with the individuals specified in the request for 
22 approval in the commission of a qualified offense;
23   (C) a reasonable period of time but in no event 
24 longer than 24 consecutive hours;
25   (D) the written request for approval, if 
26 applicable, or the written memorialization must be 
 
 
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1 filed, along with the written approval, with the 
2 circuit clerk of the jurisdiction on the next business 
3 day following the expiration of the authorized period 
4 of time, and shall be subject to review by the Chief 
5 Judge or his or her designee as deemed appropriate by 
6 the court.
7  (3.5) The written memorialization of the request for 
8 approval and the written approval by the State's Attorney 
9 may be in any format, including via facsimile, email, or 
10 otherwise, so long as it is capable of being filed with the 
11 circuit clerk. 
12  (3.10) Beginning March 1, 2015, each State's Attorney 
13 shall annually submit a report to the General Assembly 
14 disclosing:
15   (A) the number of requests for each qualified 
16 offense for approval under this subsection; and
17   (B) the number of approvals for each qualified 
18 offense given by the State's Attorney. 
19  (4) Admissibility of evidence. No part of the contents 
20 of any wire, electronic, or oral communication that has 
21 been recorded or intercepted as a result of this exception 
22 may be received in evidence in any trial, hearing, or 
23 other proceeding in or before any court, grand jury, 
24 department, officer, agency, regulatory body, legislative 
25 committee, or other authority of this State, or a 
26 political subdivision of the State, other than in a 
 
 
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1 prosecution of:
2   (A) the qualified offense for which approval was 
3 given to record or intercept a conversation under this 
4 subsection (q);
5   (B) a forcible felony committed directly in the 
6 course of the investigation of the qualified offense 
7 for which approval was given to record or intercept a 
8 conversation under this subsection (q); or
9   (C) any other forcible felony committed while the 
10 recording or interception was approved in accordance 
11 with this subsection (q), but for this specific 
12 category of prosecutions, only if the law enforcement 
13 officer or person acting at the direction of a law 
14 enforcement officer who has consented to the 
15 conversation being intercepted or recorded suffers 
16 great bodily injury or is killed during the commission 
17 of the charged forcible felony.
18  (5) Compliance with the provisions of this subsection 
19 is a prerequisite to the admissibility in evidence of any 
20 part of the contents of any wire, electronic or oral 
21 communication that has been intercepted as a result of 
22 this exception, but nothing in this subsection shall be 
23 deemed to prevent a court from otherwise excluding the 
24 evidence on any other ground recognized by State or 
25 federal law, nor shall anything in this subsection be 
26 deemed to prevent a court from independently reviewing the 
 
 
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1 admissibility of the evidence for compliance with the 
2 Fourth Amendment to the U.S. Constitution or with Article 
3 I, Section 6 of the Illinois Constitution.
4  (6) Use of recordings or intercepts unrelated to 
5 qualified offenses. Whenever any private conversation or 
6 private electronic communication has been recorded or 
7 intercepted as a result of this exception that is not 
8 related to an offense for which the recording or intercept 
9 is admissible under paragraph (4) of this subsection (q), 
10 no part of the contents of the communication and evidence 
11 derived from the communication may be received in evidence 
12 in any trial, hearing, or other proceeding in or before 
13 any court, grand jury, department, officer, agency, 
14 regulatory body, legislative committee, or other authority 
15 of this State, or a political subdivision of the State, 
16 nor may it be publicly disclosed in any way.
17  (6.5) The Illinois State Police shall adopt rules as 
18 are necessary concerning the use of devices, retention of 
19 recordings, and reports regarding their use under this 
20 subsection (q). 
21  (7) Definitions. For the purposes of this subsection 
22 (q) only:
23   "Forcible felony" includes and is limited to those 
24 offenses contained in Section 2-8 of the Criminal Code 
25 of 1961 as of the effective date of this amendatory Act 
26 of the 97th General Assembly, and only as those 
 
 
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1 offenses have been defined by law or judicial 
2 interpretation as of that date.
3   "Qualified offense" means and is limited to:
4    (A) a felony violation of the Cannabis Control 
5 Act, the Illinois Controlled Substances Act, or 
6 the Methamphetamine Control and Community 
7 Protection Act, except for violations of:
8     (i) Section 4 of the Cannabis Control Act;
9     (ii) Section 402 of the Illinois 
10 Controlled Substances Act; and
11     (iii) Section 60 of the Methamphetamine 
12 Control and Community Protection Act; and
13    (B) first degree murder, solicitation of 
14 murder for hire, predatory criminal sexual assault 
15 of a child, criminal sexual assault, aggravated 
16 criminal sexual assault, aggravated arson, 
17 kidnapping, aggravated kidnapping, child 
18 abduction, trafficking in persons, involuntary 
19 servitude, involuntary sexual servitude of a 
20 minor, or gunrunning. 
21   "State's Attorney" includes and is limited to the 
22 State's Attorney or an assistant State's Attorney 
23 designated by the State's Attorney to provide verbal 
24 approval to record or intercept conversations under 
25 this subsection (q).
26  (8) Sunset. This subsection (q) is inoperative on and 
 
 
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1 after January 1, 2027 2023. No conversations intercepted 
2 pursuant to this subsection (q), while operative, shall be 
3 inadmissible in a court of law by virtue of the 
4 inoperability of this subsection (q) on January 1, 2027 
5 2023. 
6  (9) Recordings, records, and custody. Any private 
7 conversation or private electronic communication 
8 intercepted by a law enforcement officer or a person 
9 acting at the direction of law enforcement shall, if 
10 practicable, be recorded in such a way as will protect the 
11 recording from editing or other alteration. Any and all 
12 original recordings made under this subsection (q) shall 
13 be inventoried without unnecessary delay pursuant to the 
14 law enforcement agency's policies for inventorying 
15 evidence. The original recordings shall not be destroyed 
16 except upon an order of a court of competent jurisdiction; 
17 and 
18  (r) Electronic recordings, including but not limited 
19 to, motion picture, videotape, digital, or other visual or 
20 audio recording, made of a lineup under Section 107A-2 of 
21 the Code of Criminal Procedure of 1963. 
22(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)

23 (720 ILCS 5/33G-9)
24 (Section scheduled to be repealed on June 11, 2022)
25 Sec. 33G-9. Repeal. This Article is repealed on June 11, 
 
 
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12023 2022.

2(Source: P.A. 100-1, eff. 6-9-17.)


3 Section 99. Effective date. This Act takes effect upon 
4becoming law.".