Sen. Kwame Raoul
Filed: 4/23/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 1006 




2 AMENDMENT NO. ______. Amend Senate Bill 1006 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Criminal Justice Information Act 
5is amended by adding Section 7.7 as follows:

6 (20 ILCS 3930/7.7 new)
7 Sec. 7.7. Electronic Recordings Database.
8 (a) Subject to appropriation, an Electronic Recordings 
9Database is created within the Illinois Criminal Justice 
10Information Authority.
11 (b) The Illinois Criminal Justice Information Authority 
12shall collect and retain in the Electronic Recordings Database 
13all information on the electronic recording of custodial 
14interrogations under Section 5-401.5 of the Juvenile Court Act 
15of 1987 and Section 103-2.1 of the Code of Criminal Procedure 
16of 1963. The Electronic Recordings Database shall serve as a 
 
 
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1repository for all of the foregoing collected information.
2 (c) The Illinois Criminal Justice Information Authority 
3shall develop administrative rules to provide for the 
4coordination and collection of information relating to the 
5Electronic Recordings Database from all law enforcement 
6agencies in this State.
7 (d) The Illinois Criminal Justice Information Authority 
8shall develop procedures and protocols for the submission of 
9information to the Database in conjunction with the agencies 
10submitting information. 

11 Section 10. The Juvenile Court Act of 1987 is amended by 
12changing Section 5-401.5 as follows:




13 (705 ILCS 405/5-401.5)



14 Sec. 5-401.5. When statements by minor may be used. 

15 (a) In this Section, "custodial interrogation" means any 
16interrogation
(i) during which a reasonable person in the 
17subject's position
would consider himself or herself to be in 
18custody and (ii) during which
a
question is asked that is 
19reasonably likely to elicit an incriminating
response.

20 In this Section, "electronic recording" includes motion 
21picture,
audiotape, videotape, or digital recording.

22 In this Section, "place of detention" means a building
or a 
23police station that is a place of operation for a municipal 
24police
department or county sheriff department or other law 
 
 
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1enforcement agency
at which persons are or may be held in 
2detention in
connection with criminal charges against those 
3persons or allegations that
those
persons are delinquent 
4minors.

5 (b) An oral, written, or sign language statement of a minor 
6who, at the time
of the
commission of the offense was under the 
7age of 17
years, made as a
result of a custodial interrogation 
8conducted at a police station or other
place of detention on or 
9after
the effective date of
this amendatory Act of the 93rd 
10General Assembly shall be presumed to be
inadmissible as 
11evidence against the
minor in
any criminal proceeding or 
12juvenile court proceeding,
for an act that if committed by an 
13adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 
149-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the 
15Criminal Code of 2012,
or under clause (d)(1)(F) of Section 
1611-501 of the Illinois Vehicle Code
unless:


17  (1) an electronic recording
is made of the custodial 
18 interrogation; and


19  (2) the recording is substantially accurate and not 
20 intentionally altered.

21 (b-1) Electronic recordings may be made of statements of a 
22minor regarding offenses in addition to those enumerated in 
23subsection (b). 
24 (c) Every electronic recording prepared required under 
25this Section
must be preserved
until such time as the
minor's 
26adjudication
for any
offense relating to the statement is final 
 
 
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1and all direct and habeas corpus
appeals are
exhausted,
or the 
2prosecution of such offenses is barred by law.

3 (d) If the court finds, by a preponderance of the evidence, 
4that the
minor
was
subjected to a custodial interrogation in 
5violation of subsection (b) this Section,
then any statements 
6made
by the
minor during or following that non-recorded 
7custodial interrogation, even
if
otherwise in compliance with 
8this Section, are presumed to be inadmissible in
any criminal

9proceeding or juvenile court proceeding against the minor 
10except for the
purposes of impeachment. 

11 (e) Nothing in this Section precludes the admission (i) of 
12a statement made
by the
minor in open court in any criminal 
13proceeding or juvenile court proceeding,
before a grand jury, 
14or
at a
preliminary hearing,
(ii) of a
statement made during a

15custodial interrogation that was not recorded as required by

16this
Section because electronic recording was not feasible, 
17(iii) of a
voluntary
statement,
whether or not the result of a 
18custodial interrogation, that has a bearing on
the
credibility 
19of the accused as a witness, (iv)
of a spontaneous statement

20that is not made in response to a question,
(v) of a statement 
21made after questioning that is routinely
asked during the 
22processing of the arrest of the suspect, (vi) of a statement

23made during a custodial interrogation by a suspect who 
24requests, prior to
making
the statement, to respond to the

25interrogator's questions only if
an electronic recording is not 
26made of the statement, provided that an
electronic
recording is 
 
 
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1made of the statement of agreeing to respond to
the 
2interrogator's question, only if a recording is not made of the 
3statement,
(vii)
of a statement made
during a custodial

4interrogation that is conducted out-of-state,
(viii)
of a

5statement given at a time when the interrogators are unaware 
6that a death
has in fact occurred, or (ix) of any
other 
7statement that may be admissible under law. The State shall 
8bear the
burden of proving, by a preponderance of the evidence, 
9that one of the
exceptions described in this subsection (e) is 
10applicable. Nothing in this
Section precludes the admission of 
11a statement, otherwise inadmissible under
this Section, that is 
12used only for impeachment and not as substantive
evidence. 
13Nothing in this Section precludes the admission of a statement 
14in a criminal court proceeding or juvenile court proceeding 
15involving an offense other than those enumerated in subsection 
16(b). 

17 (f) The presumption of inadmissibility of a statement made 
18by a suspect at
a custodial interrogation at a police station 
19or other place of detention may
be overcome by a preponderance 
20of the evidence
that
the statement was voluntarily given and is 
21reliable, based on the totality of
the
circumstances.

22 (g) Any electronic recording of any statement made by a 
23minor during a
custodial interrogation that is compiled by any 
24law enforcement agency as
required by this Section for the 
25purposes of fulfilling the requirements of
this
Section shall 
26be confidential and exempt from public inspection and copying, 
 
 
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1as
provided under Section 7 of the Freedom of Information Act, 
2and the information
shall not be transmitted to anyone except 
3as needed to comply with this
Section.

4 (g-1) All law enforcement agencies shall submit monthly 
5reports to the Electronic Recordings Database in the Illinois 
6Criminal Justice Information Authority regarding any 
7electronic recordings made under this Section in a form and in 
8a manner as may be prescribed by rules adopted by the Illinois 
9Criminal Justice Information Authority. 
10 (h) A statement, admission, confession, or incriminating 
11information made by or obtained from a minor related to the 
12instant offense, as part of any behavioral health screening, 
13assessment, evaluation, or treatment, whether or not 
14court-ordered, shall not be admissible as evidence against the 
15minor on the issue of guilt only in the instant juvenile court 
16proceeding. The provisions of this subsection (h) are in 
17addition to and do not override any existing statutory and 
18constitutional prohibition on the admission into evidence in 
19delinquency proceedings of information obtained during 
20screening, assessment, or treatment. 
21(Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)


22 Section 15. The Criminal Code of 2012 is amended by 
23changing Section 14-3 as follows:

24 (720 ILCS 5/14-3)
 
 
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1 Sec. 14-3. Exemptions. The following activities shall be

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

21emergency repair facility, civilian defense establishment or 
22military
installation;
23 (e) Recording the proceedings of any meeting required to be 
24open by
the Open Meetings Act, as amended;
25 (f) Recording or listening with the aid of any device to 
26incoming
telephone calls of phone lines publicly listed or 
 
 
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1advertised as consumer
"hotlines" by manufacturers or 
2retailers of food and drug products. Such
recordings must be 
3destroyed, erased or turned over to local law
enforcement 
4authorities within 24 hours from the time of such recording and

5shall not be otherwise disseminated. Failure on the part of the 
6individual
or business operating any such recording or 
7listening device to comply with
the requirements of this 
8subsection shall eliminate any civil or criminal
immunity 
9conferred upon that individual or business by the operation of

10this Section;
11 (g) With prior notification to the State's Attorney of the

12county in which
it is to occur, recording or listening with the 
13aid of any device to any
conversation
where a law enforcement 
14officer, or any person acting at the direction of law

15enforcement, is a party to the conversation and has consented 
16to it being
intercepted or recorded under circumstances where 
17the use of the device is
necessary for the protection of the 
18law enforcement officer or any person
acting at the direction 
19of law enforcement, in the course of an
investigation
of a 
20forcible felony, a felony offense of involuntary servitude, 
21involuntary sexual servitude of a minor, or trafficking in 
22persons under Section 10-9 of this Code, an offense involving 
23prostitution, solicitation of a sexual act, or pandering, a 
24felony violation of the Illinois Controlled Substances
Act, a 
25felony violation of the Cannabis Control Act, a felony 
26violation of the Methamphetamine Control and Community 
 
 
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1Protection Act, any "streetgang
related" or "gang-related" 
2felony as those terms are defined in the Illinois
Streetgang 
3Terrorism Omnibus Prevention Act, or any felony offense 
4involving any weapon listed in paragraphs (1) through (11) of 
5subsection (a) of Section 24-1 of this Code.
Any recording or 
6evidence derived
as the
result of this exemption shall be 
7inadmissible in any proceeding, criminal,
civil or

8administrative, except (i) where a party to the conversation 
9suffers great
bodily injury or is killed during such 
10conversation, or
(ii)
when used as direct impeachment of a 
11witness concerning matters contained in
the interception or 
12recording. The Director of the
Department of
State Police shall 
13issue regulations as are necessary concerning the use of

14devices, retention of tape recordings, and reports regarding 
15their
use;
16 (g-5) With approval of the State's Attorney of the county 
17in
which it is to occur, recording or listening with the aid of 
18any device to any
conversation where a law enforcement officer, 
19or any person acting at the
direction of law enforcement, is a 
20party to the conversation and has consented
to it being 
21intercepted or recorded in the course of an investigation of 
22any
offense defined in Article 29D of this Code.
In all such 
23cases, an application for an order approving
the previous or 
24continuing use of an eavesdropping
device must be made within 
2548 hours of the commencement of
such use. In the absence of 
26such an order, or upon its denial,
any continuing use shall 
 
 
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1immediately terminate.
The Director of
State Police shall issue 
2rules as are necessary concerning the use of
devices, retention 
3of tape recordings, and reports regarding their use.
4 Any recording or evidence obtained or derived in the course 
5of an
investigation of any offense defined in Article 29D of 
6this Code shall, upon
motion of the State's Attorney or 
7Attorney General prosecuting any violation of
Article 29D, be 
8reviewed in camera with notice to all parties present by the

9court presiding over the criminal
case, and, if ruled by the 
10court to be relevant and otherwise admissible,
it shall be 
11admissible at the trial of the criminal
case.
12 This subsection (g-5) is inoperative on and after January 
131, 2005.
No conversations recorded or monitored pursuant to 
14this subsection (g-5)
shall be inadmissible in a court of law 
15by virtue of the repeal of this
subsection (g-5) on January 1, 
162005;
17 (g-6) With approval of the State's Attorney of the county 
18in which it is to occur, recording or listening with the aid of 
19any device to any conversation where a law enforcement officer, 
20or any person acting at the direction of law enforcement, is a 
21party to the conversation and has consented to it being 
22intercepted or recorded in the course of an investigation of 
23involuntary servitude, involuntary sexual servitude of a 
24minor, trafficking in persons, child pornography, aggravated 
25child pornography, indecent solicitation of a child, child 
26abduction, luring of a minor, sexual exploitation of a child, 
 
 
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1predatory criminal sexual assault of a child, aggravated 
2criminal sexual abuse in which the victim of the offense was at 
3the time of the commission of the offense under 18 years of 
4age, criminal sexual abuse by force or threat of force in which 
5the victim of the offense was at the time of the commission of 
6the offense under 18 years of age, or aggravated criminal 
7sexual assault in which the victim of the offense was at the 
8time of the commission of the offense under 18 years of age. In 
9all such cases, an application for an order approving the 
10previous or continuing use of an eavesdropping device must be 
11made within 48 hours of the commencement of such use. In the 
12absence of such an order, or upon its denial, any continuing 
13use shall immediately terminate. The Director of State Police 
14shall issue rules as are necessary concerning the use of 
15devices, retention of recordings, and reports regarding their 
16use.
Any recording or evidence obtained or derived in the 
17course of an investigation of involuntary servitude, 
18involuntary sexual servitude of a minor, trafficking in 
19persons, child pornography, aggravated child pornography, 
20indecent solicitation of a child, child abduction, luring of a 
21minor, sexual exploitation of a child, predatory criminal 
22sexual assault of a child, aggravated criminal sexual abuse in 
23which the victim of the offense was at the time of the 
24commission of the offense under 18 years of age, criminal 
25sexual abuse by force or threat of force in which the victim of 
26the offense was at the time of the commission of the offense 
 
 
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1under 18 years of age, or aggravated criminal sexual assault in 
2which the victim of the offense was at the time of the 
3commission of the offense under 18 years of age shall, upon 
4motion of the State's Attorney or Attorney General prosecuting 
5any case involving involuntary servitude, involuntary sexual 
6servitude of a minor, trafficking in persons, child 
7pornography, aggravated child pornography, indecent 
8solicitation of a child, child abduction, luring of a minor, 
9sexual exploitation of a child, predatory criminal sexual 
10assault of a child, aggravated criminal sexual abuse in which 
11the victim of the offense was at the time of the commission of 
12the offense under 18 years of age, criminal sexual abuse by 
13force or threat of force in which the victim of the offense was 
14at the time of the commission of the offense under 18 years of 
15age, or aggravated criminal sexual assault in which the victim 
16of the offense was at the time of the commission of the offense 
17under 18 years of age, be reviewed in camera with notice to all 
18parties present by the court presiding over the criminal case, 
19and, if ruled by the court to be relevant and otherwise 
20admissible, it shall be admissible at the trial of the criminal 
21case. Absent such a ruling, any such recording or evidence 
22shall not be admissible at the trial of the criminal case;
23 (h) Recordings made simultaneously with the use of an 
24in-car video camera recording of an oral
conversation between a 
25uniformed peace officer, who has identified his or her office, 
26and
a person in the presence of the peace officer whenever (i) 
 
 
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1an officer assigned a patrol vehicle is conducting an 
2enforcement stop; or (ii) patrol vehicle emergency lights are 
3activated or would otherwise be activated if not for the need 
4to conceal the presence of law enforcement.
5 For the purposes of this subsection (h), "enforcement stop" 
6means an action by a law enforcement officer in relation to 
7enforcement and investigation duties, including but not 
8limited to, traffic stops, pedestrian stops, abandoned vehicle 
9contacts, motorist assists, commercial motor vehicle stops, 
10roadside safety checks, requests for identification, or 
11responses to requests for emergency assistance;
12 (h-5) Recordings of utterances made by a person while in 
13the presence of a uniformed peace officer and while an occupant 
14of a police vehicle including, but not limited to, (i) 
15recordings made simultaneously with the use of an in-car video 
16camera and (ii) recordings made in the presence of the peace 
17officer utilizing video or audio systems, or both, authorized 
18by the law enforcement agency;
19 (h-10) Recordings made simultaneously with a video camera 
20recording during
the use of a taser or similar weapon or device 
21by a peace officer if the weapon or device is equipped with 
22such camera;
23 (h-15) Recordings made under subsection (h), (h-5), or 
24(h-10) shall be retained by the law enforcement agency that 
25employs the peace officer who made the recordings for a storage 
26period of 90 days, unless the recordings are made as a part of 
 
 
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1an arrest or the recordings are deemed evidence in any 
2criminal, civil, or administrative proceeding and then the 
3recordings must only be destroyed upon a final disposition and 
4an order from the court. Under no circumstances shall any 
5recording be altered or erased prior to the expiration of the 
6designated storage period. Upon completion of the storage 
7period, the recording medium may be erased and reissued for 
8operational use;
9 (i) Recording of a conversation made by or at the request 
10of a person, not a
law enforcement officer or agent of a law 
11enforcement officer, who is a party
to the conversation, under 
12reasonable suspicion that another party to the
conversation is 
13committing, is about to commit, or has committed a criminal

14offense against the person or a member of his or her immediate 
15household, and
there is reason to believe that evidence of the 
16criminal offense may be
obtained by the recording;
17 (j) The use of a telephone monitoring device by either (1) 
18a
corporation or other business entity engaged in marketing or 
19opinion research
or (2) a corporation or other business entity 
20engaged in telephone
solicitation, as
defined in this 
21subsection, to record or listen to oral telephone solicitation

22conversations or marketing or opinion research conversations 
23by an employee of
the corporation or other business entity 
24when:
25  (i) the monitoring is used for the purpose of service 
26 quality control of
marketing or opinion research or 
 
 
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1 telephone solicitation, the education or
training of 
2 employees or contractors
engaged in marketing or opinion 
3 research or telephone solicitation, or internal
research 
4 related to marketing or
opinion research or telephone

5 solicitation; and
6  (ii) the monitoring is used with the consent of at 
7 least one person who
is an active party to the marketing or 
8 opinion research conversation or
telephone solicitation 
9 conversation being
monitored.
10 No communication or conversation or any part, portion, or 
11aspect of the
communication or conversation made, acquired, or 
12obtained, directly or
indirectly,
under this exemption (j), may 
13be, directly or indirectly, furnished to any law
enforcement 
14officer, agency, or official for any purpose or used in any 
15inquiry
or investigation, or used, directly or indirectly, in 
16any administrative,
judicial, or other proceeding, or divulged 
17to any third party.
18 When recording or listening authorized by this subsection 
19(j) on telephone
lines used for marketing or opinion research 
20or telephone solicitation purposes
results in recording or

21listening to a conversation that does not relate to marketing 
22or opinion
research or telephone solicitation; the
person 
23recording or listening shall, immediately upon determining 
24that the
conversation does not relate to marketing or opinion 
25research or telephone
solicitation, terminate the recording
or 
26listening and destroy any such recording as soon as is 
 
 
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1practicable.
2 Business entities that use a telephone monitoring or 
3telephone recording
system pursuant to this exemption (j) shall 
4provide current and prospective
employees with notice that the 
5monitoring or recordings may occur during the
course of their 
6employment. The notice shall include prominent signage

7notification within the workplace.
8 Business entities that use a telephone monitoring or 
9telephone recording
system pursuant to this exemption (j) shall 
10provide their employees or agents
with access to personal-only 
11telephone lines which may be pay telephones, that
are not 
12subject to telephone monitoring or telephone recording.
13 For the purposes of this subsection (j), "telephone 
14solicitation" means a
communication through the use of a 
15telephone by live operators:
16  (i) soliciting the sale of goods or services;
17  (ii) receiving orders for the sale of goods or 
18 services;
19  (iii) assisting in the use of goods or services; or
20  (iv) engaging in the solicitation, administration, or 
21 collection of bank
or
retail credit accounts.
22 For the purposes of this subsection (j), "marketing or 
23opinion research"
means
a marketing or opinion research 
24interview conducted by a live telephone
interviewer engaged by 
25a corporation or other business entity whose principal
business 
26is the design, conduct, and analysis of polls and surveys 
 
 
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1measuring
the
opinions, attitudes, and responses of 
2respondents toward products and services,
or social or 
3political issues, or both;
4 (k) Electronic recordings, including but not limited to, a 
5motion picture,
videotape, digital, or other visual or audio 
6recording, made of a custodial
interrogation of an individual 
7at a police station or other place of detention
by a law 
8enforcement officer or prosecutor under Section 5-401.5 of the 
9Juvenile Court Act of
1987 or Section 103-2.1 of the Code of 
10Criminal Procedure of 1963;
11 (l) Recording the interview or statement of any person when 
12the person
knows that the interview is being conducted by a law 
13enforcement officer or
prosecutor and the interview takes place 
14at a police station that is currently
participating in the 
15Custodial Interview Pilot Program established under the

16Illinois Criminal Justice Information Act;
17 (m) An electronic recording, including but not limited to, 
18a motion picture,
videotape, digital, or other visual or audio 
19recording, made of the interior of a school bus while the 
20school bus is being used in the transportation of students to 
21and from school and school-sponsored activities, when the 
22school board has adopted a policy authorizing such recording, 
23notice of such recording policy is included in student 
24handbooks and other documents including the policies of the 
25school, notice of the policy regarding recording is provided to 
26parents of students, and notice of such recording is clearly 
 
 
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1posted on the door of and inside the school bus.

2 Recordings made pursuant to this subsection (m) shall be 
3confidential records and may only be used by school officials 
4(or their designees) and law enforcement personnel for 
5investigations, school disciplinary actions and hearings, 
6proceedings under the Juvenile Court Act of 1987, and criminal 
7prosecutions, related to incidents occurring in or around the 
8school bus; 
9 (n)
Recording or listening to an audio transmission from a 
10microphone placed by a person under the authority of a law 
11enforcement agency inside a bait car surveillance vehicle while 
12simultaneously capturing a photographic or video image; 
13 (o) The use of an eavesdropping camera or audio device 
14during an ongoing hostage or barricade situation by a law 
15enforcement officer or individual acting on behalf of a law 
16enforcement officer when the use of such device is necessary to 
17protect the safety of the general public, hostages, or law 
18enforcement officers or anyone acting on their behalf; 
19 (p) Recording or listening with the aid of any device to 
20incoming telephone calls of phone lines publicly listed or 
21advertised as the "CPS Violence Prevention Hotline", but only 
22where the notice of recording is given at the beginning of each 
23call as required by Section 34-21.8 of the School Code. The 
24recordings may be retained only by the Chicago Police 
25Department or other law enforcement authorities, and shall not 
26be otherwise retained or disseminated; and 
 
 
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1 (q)(1) With prior request to and verbal approval of the 
2State's Attorney of the county in which the conversation is 
3anticipated to occur, recording or listening with the aid of an 
4eavesdropping device to a conversation in which a law 
5enforcement officer, or any person acting at the direction of a 
6law enforcement officer, is a party to the conversation and has 
7consented to the conversation being intercepted or recorded in 
8the course of an investigation of a drug offense. The State's 
9Attorney may grant this verbal approval only after determining 
10that reasonable cause exists to believe that a drug offense 
11will be committed by a specified individual or individuals 
12within a designated period of time.
13 (2) Request for approval. To invoke the exception contained 
14in this subsection (q), a law enforcement officer shall make a 
15written or verbal request for approval to the appropriate 
16State's Attorney. This request for approval shall include 
17whatever information is deemed necessary by the State's 
18Attorney but shall include, at a minimum, the following 
19information about each specified individual whom the law 
20enforcement officer believes will commit a drug offense:
21  (A) his or her full or partial name, nickname or alias;
22  (B) a physical description; or
23  (C) failing either (A) or (B) of this paragraph (2), 
24 any other supporting information known to the law 
25 enforcement officer at the time of the request that gives 
26 rise to reasonable cause to believe the individual will 
 
 
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1 commit a drug offense.
2 (3) Limitations on verbal approval. Each verbal approval by 
3the State's Attorney under this subsection (q) shall be limited 
4to:
5  (A) a recording or interception conducted by a 
6 specified law enforcement officer or person acting at the 
7 direction of a law enforcement officer;
8  (B) recording or intercepting conversations with the 
9 individuals specified in the request for approval, 
10 provided that the verbal approval shall be deemed to 
11 include the recording or intercepting of conversations 
12 with other individuals, unknown to the law enforcement 
13 officer at the time of the request for approval, who are 
14 acting in conjunction with or as co-conspirators with the 
15 individuals specified in the request for approval in the 
16 commission of a drug offense;
17  (C) a reasonable period of time but in no event longer 
18 than 24 consecutive hours.
19 (4) Admissibility of evidence. No part of the contents of 
20any wire, electronic, or oral communication that has been 
21recorded or intercepted as a result of this exception may be 
22received in evidence in any trial, hearing, or other proceeding 
23in or before any court, grand jury, department, officer, 
24agency, regulatory body, legislative committee, or other 
25authority of this State, or a political subdivision of the 
26State, other than in a prosecution of:
 
 
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1  (A) a drug offense;
2  (B) a forcible felony committed directly in the course 
3 of the investigation of a drug offense for which verbal 
4 approval was given to record or intercept a conversation 
5 under this subsection (q); or
6  (C) any other forcible felony committed while the 
7 recording or interception was approved in accordance with 
8 this Section (q), but for this specific category of 
9 prosecutions, only if the law enforcement officer or person 
10 acting at the direction of a law enforcement officer who 
11 has consented to the conversation being intercepted or 
12 recorded suffers great bodily injury or is killed during 
13 the commission of the charged forcible felony.
14 (5) Compliance with the provisions of this subsection is a 
15prerequisite to the admissibility in evidence of any part of 
16the contents of any wire, electronic or oral communication that 
17has been intercepted as a result of this exception, but nothing 
18in this subsection shall be deemed to prevent a court from 
19otherwise excluding the evidence on any other ground, nor shall 
20anything in this subsection be deemed to prevent a court from 
21independently reviewing the admissibility of the evidence for 
22compliance with the Fourth Amendment to the U.S. Constitution 
23or with Article I, Section 6 of the Illinois Constitution.
24 (6) Use of recordings or intercepts unrelated to drug 
25offenses. Whenever any wire, electronic, or oral communication 
26has been recorded or intercepted as a result of this exception 
 
 
09800SB1006sam001- 22 -LRB098 05269 RLC 44923 a


1that is not related to a drug offense or a forcible felony 
2committed in the course of a drug offense, no part of the 
3contents of the communication and evidence derived from the 
4communication may be received in evidence in any trial, 
5hearing, or other proceeding in or before any court, grand 
6jury, department, officer, agency, regulatory body, 
7legislative committee, or other authority of this State, or a 
8political subdivision of the State, nor may it be publicly 
9disclosed in any way.
10 (7) Definitions. For the purposes of this subsection (q) 
11only:
12  "Drug offense" includes and is limited to a felony 
13 violation of one of the following: (A) the Illinois 
14 Controlled Substances Act, (B) the Cannabis Control Act, 
15 and (C) the Methamphetamine Control and Community 
16 Protection Act.
17  "Forcible felony" includes and is limited to those 
18 offenses contained in Section 2-8 of the Criminal Code of 
19 1961 as of the effective date of this amendatory Act of the 
20 97th General Assembly, and only as those offenses have been 
21 defined by law or judicial interpretation as of that date.
22  "State's Attorney" includes and is limited to the 
23 State's Attorney or an assistant State's Attorney 
24 designated by the State's Attorney to provide verbal 
25 approval to record or intercept conversations under this 
26 subsection (q).
 
 
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1 (8) Sunset. This subsection (q) is inoperative on and after 
2January 1, 2015. No conversations intercepted pursuant to this 
3subsection (q), while operative, shall be inadmissible in a 
4court of law by virtue of the inoperability of this subsection 
5(q) on January 1, 2015. 
6(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; 
796-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. 
87-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, 
9eff. 8-12-11; 97-846, eff. 1-1-13; 97-897, eff. 1-1-13; revised 
108-23-12.)

11 Section 20. The Code of Criminal Procedure of 1963 is 
12amended by changing Section 103-2.1 as follows:




13 (725 ILCS 5/103-2.1)



14 Sec. 103-2.1. When statements by accused may be used. 

15 (a) In this Section, "custodial interrogation" means any 
16interrogation
during which (i) a reasonable person in the 
17subject's position would consider
himself or herself to be in 
18custody and (ii) during which
a question is asked that is 
19reasonably likely to elicit an incriminating
response.

20 In this Section, "place of detention" means a building or a 
21police station
that is a place of operation for a municipal 
22police department or county
sheriff department or other law 
23enforcement agency, not a courthouse, that
is owned or operated 
24by a
law enforcement agency at which persons are or may be held 
 
 
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1in detention in
connection with criminal charges against those 
2persons.

3 In this Section, "electronic recording" includes motion 
4picture,
audiotape, or videotape, or digital recording.

5 (b) An oral, written, or sign language statement of an 
6accused made as a
result of a
custodial
interrogation at a 
7police station or other place of detention shall be presumed
to 
8be inadmissible as
evidence against the
accused in any
criminal

9proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 
109-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal 
11Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the 
12Illinois Vehicle Code
unless:


13  (1) an electronic recording
is made of the custodial 
14 interrogation; and


15  (2) the recording is substantially accurate and not 
16 intentionally altered.

17  (b-1) Electronic recordings may be made of statements of 
18an accused regarding offenses in addition to those enumerated 
19in subsection (b). 
20 (c) Every electronic recording prepared required under 
21this Section
must be preserved
until such time as the

22defendant's conviction
for any
offense relating to the 
23statement is final and all direct and habeas corpus
appeals are

24exhausted,
or the prosecution of such offenses is barred by 
25law.

26 (d) If the court finds, by a preponderance of the evidence, 
 
 
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1that the
defendant
was
subjected to a custodial interrogation 
2in violation of subsection (b) this Section, then any

3statements made
by the
defendant during or following that 
4non-recorded custodial interrogation, even
if
otherwise in 
5compliance with this Section, are presumed to be inadmissible 
6in
any criminal
proceeding against the defendant except for the 
7purposes of impeachment. 

8 (e) Nothing in this Section precludes the admission (i) of 
9a statement made
by the
accused in open court at his or her 
10trial, before a grand jury, or at
a preliminary hearing, (ii)

11of a
statement made during a
custodial interrogation that was 
12not recorded as required by
this
Section, because electronic 
13recording was not feasible, (iii) of a
voluntary
statement,

14whether or not the result of a custodial interrogation, that 
15has a bearing on
the
credibility of the accused as a witness,

16(iv) of a spontaneous statement that is
not made in response to 
17a question,
(v) of a statement made after questioning that is 
18routinely
asked during the processing of the arrest of the 
19suspect, (vi) of a statement
made
during a custodial 
20interrogation by a suspect who requests, prior to making the

21statement, to respond to the
interrogator's questions only if

22an electronic recording is not made of the statement, provided 
23that an
electronic
recording is made of the statement of 
24agreeing to respond to
the interrogator's question, only if a 
25recording is not made of the statement,
(vii) of a
statement 
26made
during a custodial
interrogation that is conducted 
 
 
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1out-of-state, (viii)
of a statement
given at a time when the 
2interrogators are unaware that a death has in fact
occurred, or 
3(ix) of any other
statement that may be
admissible under law. 
4The State shall bear the burden of proving, by a
preponderance 
5of the evidence, that one of the exceptions described in this

6subsection (e) is
applicable.
Nothing in
this Section precludes 
7the admission of a statement, otherwise inadmissible
under
this 
8Section, that is used only for impeachment and not as 
9substantive
evidence. Nothing in this Section precludes the 
10admission of a statement in a prosecution for an offense other 
11than those enumerated in subsection (b). 

12 (f) The presumption of inadmissibility of a statement made 
13by a suspect at
a custodial interrogation at a police station 
14or other place of detention may
be overcome by a preponderance 
15of the evidence
that
the statement was voluntarily given and is 
16reliable, based on the totality of
the
circumstances.

17 (g) Any electronic recording of any statement made by an 
18accused during a
custodial interrogation that is compiled by 
19any law enforcement agency as
required by this Section for the 
20purposes of fulfilling the requirements of
this
Section shall 
21be confidential and exempt from public inspection and copying, 
22as
provided under Section 7 of the Freedom of Information Act, 
23and the information
shall not be transmitted to anyone except 
24as needed to comply with this
Section.

25  (h) All law enforcement agencies shall submit monthly 
26reports to the Electronic Recordings Database in the Illinois 
 
 
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1Criminal Justice Information Authority regarding any 
2electronic recordings made under this Section in a form and in 
3a manner as may be prescribed by rules adopted by the Illinois 
4Criminal Justice Information Authority. 
5(Source: P.A. 97-1150, eff. 1-25-13.)".