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| 1 | | (c) Any broadcast by radio, television or otherwise whether |
| 2 | | it be a
broadcast or recorded for the purpose of later |
| 3 | | broadcasts of any
function where the public is in attendance |
| 4 | | and the conversations are
overheard incidental to the main |
| 5 | | purpose for which such broadcasts are
then being made; |
| 6 | | (d) Recording or listening with the aid of any device to |
| 7 | | any
emergency communication made in the normal course of |
| 8 | | operations by any
federal, state or local law enforcement |
| 9 | | agency or institutions dealing
in emergency services, |
| 10 | | including, but not limited to, hospitals,
clinics, ambulance |
| 11 | | services, fire fighting agencies, any public utility,
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| 12 | | emergency repair facility, civilian defense establishment or |
| 13 | | military
installation; |
| 14 | | (e) Recording the proceedings of any meeting required to be |
| 15 | | open by
the Open Meetings Act, as amended; |
| 16 | | (f) Recording or listening with the aid of any device to |
| 17 | | incoming
telephone calls of phone lines publicly listed or |
| 18 | | advertised as consumer
"hotlines" by manufacturers or |
| 19 | | retailers of food and drug products. Such
recordings must be |
| 20 | | destroyed, erased or turned over to local law
enforcement |
| 21 | | authorities within 24 hours from the time of such recording and
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| 22 | | shall not be otherwise disseminated. Failure on the part of the |
| 23 | | individual
or business operating any such recording or |
| 24 | | listening device to comply with
the requirements of this |
| 25 | | subsection shall eliminate any civil or criminal
immunity |
| 26 | | conferred upon that individual or business by the operation of
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| 1 | | this Section; |
| 2 | | (g) With prior notification to the State's Attorney of the
|
| 3 | | county in which
it is to occur, recording or listening with the |
| 4 | | aid of any device to any
conversation
where a law enforcement |
| 5 | | officer, or any person acting at the direction of law
|
| 6 | | enforcement, is a party to the conversation and has consented |
| 7 | | to it being
intercepted or recorded under circumstances where |
| 8 | | the use of the device is
necessary for the protection of the |
| 9 | | law enforcement officer or any person
acting at the direction |
| 10 | | of law enforcement, in the course of an
investigation
of a |
| 11 | | forcible felony, a felony offense of involuntary servitude, |
| 12 | | involuntary sexual servitude of a minor, or trafficking in |
| 13 | | persons under Section 10-9 of this Code, an offense involving |
| 14 | | prostitution, solicitation of a sexual act, or pandering, a |
| 15 | | felony violation of the Illinois Controlled Substances
Act, a |
| 16 | | felony violation of the Cannabis Control Act, a felony |
| 17 | | violation of the Methamphetamine Control and Community |
| 18 | | Protection Act, any "streetgang
related" or "gang-related" |
| 19 | | felony as those terms are defined in the Illinois
Streetgang |
| 20 | | Terrorism Omnibus Prevention Act, or any felony offense |
| 21 | | involving any weapon listed in paragraphs (1) through (11) of |
| 22 | | subsection (a) of Section 24-1 of this Code.
Any recording or |
| 23 | | evidence derived
as the
result of this exemption shall be |
| 24 | | inadmissible in any proceeding, criminal,
civil or
|
| 25 | | administrative, except (i) where a party to the conversation |
| 26 | | suffers great
bodily injury or is killed during such |
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| 1 | | conversation, or
(ii)
when used as direct impeachment of a |
| 2 | | witness concerning matters contained in
the interception or |
| 3 | | recording. The Director of the
Department of
State Police shall |
| 4 | | issue regulations as are necessary concerning the use of
|
| 5 | | devices, retention of tape recordings, and reports regarding |
| 6 | | their
use; |
| 7 | | (g-5) (Blank); |
| 8 | | (g-6) With approval of the State's Attorney of the county |
| 9 | | in which it is to occur, recording or listening with the aid of |
| 10 | | any device to any conversation where a law enforcement officer, |
| 11 | | or any person acting at the direction of law enforcement, is a |
| 12 | | party to the conversation and has consented to it being |
| 13 | | intercepted or recorded in the course of an investigation of |
| 14 | | child pornography, aggravated child pornography, indecent |
| 15 | | solicitation of a child, luring of a minor, sexual exploitation |
| 16 | | of a child, aggravated criminal sexual abuse in which the |
| 17 | | victim of the offense was at the time of the commission of the |
| 18 | | offense under 18 years of age, or criminal sexual abuse by |
| 19 | | force or threat of force in which the victim of the offense was |
| 20 | | at the time of the commission of the offense under 18 years of |
| 21 | | age. In all such cases, an application for an order approving |
| 22 | | the previous or continuing use of an eavesdropping device must |
| 23 | | be made within 48 hours of the commencement of such use. In the |
| 24 | | absence of such an order, or upon its denial, any continuing |
| 25 | | use shall immediately terminate. The Director of State Police |
| 26 | | shall issue rules as are necessary concerning the use of |
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| 1 | | devices, retention of recordings, and reports regarding their |
| 2 | | use.
Any recording or evidence obtained or derived in the |
| 3 | | course of an investigation of child pornography, aggravated |
| 4 | | child pornography, indecent solicitation of a child, luring of |
| 5 | | a minor, sexual exploitation of a child, aggravated criminal |
| 6 | | sexual abuse in which the victim of the offense was at the time |
| 7 | | of the commission of the offense under 18 years of age, or |
| 8 | | criminal sexual abuse by force or threat of force in which the |
| 9 | | victim of the offense was at the time of the commission of the |
| 10 | | offense under 18 years of age shall, upon motion of the State's |
| 11 | | Attorney or Attorney General prosecuting any case involving |
| 12 | | child pornography, aggravated child pornography, indecent |
| 13 | | solicitation of a child, luring of a minor, sexual exploitation |
| 14 | | of a child, aggravated criminal sexual abuse in which the |
| 15 | | victim of the offense was at the time of the commission of the |
| 16 | | offense under 18 years of age, or criminal sexual abuse by |
| 17 | | force or threat of force in which the victim of the offense was |
| 18 | | at the time of the commission of the offense under 18 years of |
| 19 | | age be reviewed in camera with notice to all parties present by |
| 20 | | the court presiding over the criminal case, and, if ruled by |
| 21 | | the court to be relevant and otherwise admissible, it shall be |
| 22 | | admissible at the trial of the criminal case. Absent such a |
| 23 | | ruling, any such recording or evidence shall not be admissible |
| 24 | | at the trial of the criminal case; |
| 25 | | (h) Recordings made simultaneously with the use of an |
| 26 | | in-car video camera recording of an oral
conversation between a |
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| 1 | | uniformed peace officer, who has identified his or her office, |
| 2 | | and
a person in the presence of the peace officer whenever (i) |
| 3 | | an officer assigned a patrol vehicle is conducting an |
| 4 | | enforcement stop; or (ii) patrol vehicle emergency lights are |
| 5 | | activated or would otherwise be activated if not for the need |
| 6 | | to conceal the presence of law enforcement. |
| 7 | | For the purposes of this subsection (h), "enforcement stop" |
| 8 | | means an action by a law enforcement officer in relation to |
| 9 | | enforcement and investigation duties, including but not |
| 10 | | limited to, traffic stops, pedestrian stops, abandoned vehicle |
| 11 | | contacts, motorist assists, commercial motor vehicle stops, |
| 12 | | roadside safety checks, requests for identification, or |
| 13 | | responses to requests for emergency assistance; |
| 14 | | (h-5) Recordings of utterances made by a person while in |
| 15 | | the presence of a uniformed peace officer and while an occupant |
| 16 | | of a police vehicle including, but not limited to, (i) |
| 17 | | recordings made simultaneously with the use of an in-car video |
| 18 | | camera and (ii) recordings made in the presence of the peace |
| 19 | | officer utilizing video or audio systems, or both, authorized |
| 20 | | by the law enforcement agency; |
| 21 | | (h-10) Recordings made simultaneously with a video camera |
| 22 | | recording during
the use of a taser or similar weapon or device |
| 23 | | by a peace officer if the weapon or device is equipped with |
| 24 | | such camera; |
| 25 | | (h-15) Recordings made under subsection (h), (h-5), or |
| 26 | | (h-10) shall be retained by the law enforcement agency that |
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| 1 | | employs the peace officer who made the recordings for a storage |
| 2 | | period of 90 days, unless the recordings are made as a part of |
| 3 | | an arrest or the recordings are deemed evidence in any |
| 4 | | criminal, civil, or administrative proceeding and then the |
| 5 | | recordings must only be destroyed upon a final disposition and |
| 6 | | an order from the court. Under no circumstances shall any |
| 7 | | recording be altered or erased prior to the expiration of the |
| 8 | | designated storage period. Upon completion of the storage |
| 9 | | period, the recording medium may be erased and reissued for |
| 10 | | operational use; |
| 11 | | (i) Recording of a conversation made by or at the request |
| 12 | | of a person, not a
law enforcement officer or agent of a law |
| 13 | | enforcement officer, who is a party
to the conversation, under |
| 14 | | reasonable suspicion that another party to the
conversation is |
| 15 | | committing, is about to commit, or has committed a criminal
|
| 16 | | offense against the person or a member of his or her immediate |
| 17 | | household, and
there is reason to believe that evidence of the |
| 18 | | criminal offense may be
obtained by the recording; |
| 19 | | (j) The use of a telephone monitoring device by either (1) |
| 20 | | a
corporation or other business entity engaged in marketing or |
| 21 | | opinion research
or (2) a corporation or other business entity |
| 22 | | engaged in telephone
solicitation, as
defined in this |
| 23 | | subsection, to record or listen to oral telephone solicitation
|
| 24 | | conversations or marketing or opinion research conversations |
| 25 | | by an employee of
the corporation or other business entity |
| 26 | | when: |
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| 1 | | (i) the monitoring is used for the purpose of service |
| 2 | | quality control of
marketing or opinion research or |
| 3 | | telephone solicitation, the education or
training of |
| 4 | | employees or contractors
engaged in marketing or opinion |
| 5 | | research or telephone solicitation, or internal
research |
| 6 | | related to marketing or
opinion research or telephone
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| 7 | | solicitation; and |
| 8 | | (ii) the monitoring is used with the consent of at |
| 9 | | least one person who
is an active party to the marketing or |
| 10 | | opinion research conversation or
telephone solicitation |
| 11 | | conversation being
monitored. |
| 12 | | No communication or conversation or any part, portion, or |
| 13 | | aspect of the
communication or conversation made, acquired, or |
| 14 | | obtained, directly or
indirectly,
under this exemption (j), may |
| 15 | | be, directly or indirectly, furnished to any law
enforcement |
| 16 | | officer, agency, or official for any purpose or used in any |
| 17 | | inquiry
or investigation, or used, directly or indirectly, in |
| 18 | | any administrative,
judicial, or other proceeding, or divulged |
| 19 | | to any third party. |
| 20 | | When recording or listening authorized by this subsection |
| 21 | | (j) on telephone
lines used for marketing or opinion research |
| 22 | | or telephone solicitation purposes
results in recording or
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| 23 | | listening to a conversation that does not relate to marketing |
| 24 | | or opinion
research or telephone solicitation; the
person |
| 25 | | recording or listening shall, immediately upon determining |
| 26 | | that the
conversation does not relate to marketing or opinion |
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| 1 | | research or telephone
solicitation, terminate the recording
or |
| 2 | | listening and destroy any such recording as soon as is |
| 3 | | practicable. |
| 4 | | Business entities that use a telephone monitoring or |
| 5 | | telephone recording
system pursuant to this exemption (j) shall |
| 6 | | provide current and prospective
employees with notice that the |
| 7 | | monitoring or recordings may occur during the
course of their |
| 8 | | employment. The notice shall include prominent signage
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| 9 | | notification within the workplace. |
| 10 | | Business entities that use a telephone monitoring or |
| 11 | | telephone recording
system pursuant to this exemption (j) shall |
| 12 | | provide their employees or agents
with access to personal-only |
| 13 | | telephone lines which may be pay telephones, that
are not |
| 14 | | subject to telephone monitoring or telephone recording. |
| 15 | | For the purposes of this subsection (j), "telephone |
| 16 | | solicitation" means a
communication through the use of a |
| 17 | | telephone by live operators: |
| 18 | | (i) soliciting the sale of goods or services; |
| 19 | | (ii) receiving orders for the sale of goods or |
| 20 | | services; |
| 21 | | (iii) assisting in the use of goods or services; or |
| 22 | | (iv) engaging in the solicitation, administration, or |
| 23 | | collection of bank
or
retail credit accounts. |
| 24 | | For the purposes of this subsection (j), "marketing or |
| 25 | | opinion research"
means
a marketing or opinion research |
| 26 | | interview conducted by a live telephone
interviewer engaged by |
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| 1 | | a corporation or other business entity whose principal
business |
| 2 | | is the design, conduct, and analysis of polls and surveys |
| 3 | | measuring
the
opinions, attitudes, and responses of |
| 4 | | respondents toward products and services,
or social or |
| 5 | | political issues, or both; |
| 6 | | (k) Electronic recordings, including but not limited to, a |
| 7 | | motion picture,
videotape, digital, or other visual or audio |
| 8 | | recording, made of a custodial
interrogation of an individual |
| 9 | | at a police station or other place of detention
by a law |
| 10 | | enforcement officer under Section 5-401.5 of the Juvenile Court |
| 11 | | Act of
1987 or Section 103-2.1 of the Code of Criminal |
| 12 | | Procedure of 1963; |
| 13 | | (l) Recording the interview or statement of any person when |
| 14 | | the person
knows that the interview is being conducted by a law |
| 15 | | enforcement officer or
prosecutor and the interview takes place |
| 16 | | at a police station that is currently
participating in the |
| 17 | | Custodial Interview Pilot Program established under the
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| 18 | | Illinois Criminal Justice Information Act; |
| 19 | | (m) An electronic recording, including but not limited to, |
| 20 | | a motion picture,
videotape, digital, or other visual or audio |
| 21 | | recording, made of the interior of a school bus while the |
| 22 | | school bus is being used in the transportation of students to |
| 23 | | and from school and school-sponsored activities, when the |
| 24 | | school board has adopted a policy authorizing such recording, |
| 25 | | notice of such recording policy is included in student |
| 26 | | handbooks and other documents including the policies of the |
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| 1 | | school, notice of the policy regarding recording is provided to |
| 2 | | parents of students, and notice of such recording is clearly |
| 3 | | posted on the door of and inside the school bus.
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| 4 | | Recordings made pursuant to this subsection (m) shall be |
| 5 | | confidential records and may only be used by school officials |
| 6 | | (or their designees) and law enforcement personnel for |
| 7 | | investigations, school disciplinary actions and hearings, |
| 8 | | proceedings under the Juvenile Court Act of 1987, and criminal |
| 9 | | prosecutions, related to incidents occurring in or around the |
| 10 | | school bus; |
| 11 | | (n)
Recording or listening to an audio transmission from a |
| 12 | | microphone placed by a person under the authority of a law |
| 13 | | enforcement agency inside a bait car surveillance vehicle while |
| 14 | | simultaneously capturing a photographic or video image; |
| 15 | | (o) The use of an eavesdropping camera or audio device |
| 16 | | during an ongoing hostage or barricade situation by a law |
| 17 | | enforcement officer or individual acting on behalf of a law |
| 18 | | enforcement officer when the use of such device is necessary to |
| 19 | | protect the safety of the general public, hostages, or law |
| 20 | | enforcement officers or anyone acting on their behalf; |
| 21 | | (p) Recording or listening with the aid of any device to |
| 22 | | incoming telephone calls of phone lines publicly listed or |
| 23 | | advertised as the "CPS Violence Prevention Hotline", but only |
| 24 | | where the notice of recording is given at the beginning of each |
| 25 | | call as required by Section 34-21.8 of the School Code. The |
| 26 | | recordings may be retained only by the Chicago Police |
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| 1 | | Department or other law enforcement authorities, and shall not |
| 2 | | be otherwise retained or disseminated; |
| 3 | | (q)(1) With prior request to and written or verbal approval |
| 4 | | of the State's Attorney of the county in which the conversation |
| 5 | | is anticipated to occur, recording or listening with the aid of |
| 6 | | an eavesdropping device to a conversation in which a law |
| 7 | | enforcement officer, or any person acting at the direction of a |
| 8 | | law enforcement officer, is a party to the conversation and has |
| 9 | | consented to the conversation being intercepted or recorded in |
| 10 | | the course of an investigation of a qualified offense. The |
| 11 | | State's Attorney may grant this approval only after determining |
| 12 | | that reasonable cause exists to believe that inculpatory |
| 13 | | conversations concerning a qualified offense will occur with a |
| 14 | | specified individual or individuals within a designated period |
| 15 | | of time. |
| 16 | | (2) Request for approval. To invoke the exception contained |
| 17 | | in this subsection (q), a law enforcement officer shall make a |
| 18 | | request for approval to the appropriate State's Attorney. The |
| 19 | | request may be written or verbal; however, a written |
| 20 | | memorialization of the request must be made by the State's |
| 21 | | Attorney. This request for approval shall include whatever |
| 22 | | information is deemed necessary by the State's Attorney but |
| 23 | | shall include, at a minimum, the following information about |
| 24 | | each specified individual whom the law enforcement officer |
| 25 | | believes will commit a qualified offense: |
| 26 | | (A) his or her full or partial name, nickname or alias; |
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| 1 | | (B) a physical description; or |
| 2 | | (C) failing either (A) or (B) of this paragraph (2), |
| 3 | | any other supporting information known to the law |
| 4 | | enforcement officer at the time of the request that gives |
| 5 | | rise to reasonable cause to believe that the specified |
| 6 | | individual will participate in an inculpatory conversation |
| 7 | | concerning a qualified offense. |
| 8 | | (3) Limitations on approval. Each written approval by the |
| 9 | | State's Attorney under this subsection (q) shall be limited to: |
| 10 | | (A) a recording or interception conducted by a |
| 11 | | specified law enforcement officer or person acting at the |
| 12 | | direction of a law enforcement officer; |
| 13 | | (B) recording or intercepting conversations with the |
| 14 | | individuals specified in the request for approval, |
| 15 | | provided that the verbal approval shall be deemed to |
| 16 | | include the recording or intercepting of conversations |
| 17 | | with other individuals, unknown to the law enforcement |
| 18 | | officer at the time of the request for approval, who are |
| 19 | | acting in conjunction with or as co-conspirators with the |
| 20 | | individuals specified in the request for approval in the |
| 21 | | commission of a qualified offense; |
| 22 | | (C) a reasonable period of time but in no event longer |
| 23 | | than 24 consecutive hours; |
| 24 | | (D) the written request for approval, if applicable, or |
| 25 | | the written memorialization must be filed, along with the |
| 26 | | written approval, with the circuit clerk of the |
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| 1 | | jurisdiction on the next business day following the |
| 2 | | expiration of the authorized period of time, and shall be |
| 3 | | subject to review by the Chief Judge or his or her designee |
| 4 | | as deemed appropriate by the court. |
| 5 | | (3.5) The written memorialization of the request for |
| 6 | | approval and the written approval by the State's Attorney may |
| 7 | | be in any format, including via facsimile, email, or otherwise, |
| 8 | | so long as it is capable of being filed with the circuit clerk. |
| 9 | | (3.10) Beginning March 1, 2015, each State's Attorney shall |
| 10 | | annually submit a report to the General Assembly disclosing: |
| 11 | | (A) the number of requests for each qualified offense |
| 12 | | for approval under this subsection; and |
| 13 | | (B) the number of approvals for each qualified offense |
| 14 | | given by the State's Attorney. |
| 15 | | (4) Admissibility of evidence. No part of the contents of |
| 16 | | any wire, electronic, or oral communication that has been |
| 17 | | recorded or intercepted as a result of this exception may be |
| 18 | | received in evidence in any trial, hearing, or other proceeding |
| 19 | | in or before any court, grand jury, department, officer, |
| 20 | | agency, regulatory body, legislative committee, or other |
| 21 | | authority of this State, or a political subdivision of the |
| 22 | | State, other than in a prosecution of: |
| 23 | | (A) the qualified offense for which approval was given |
| 24 | | to record or intercept a conversation under this subsection |
| 25 | | (q); |
| 26 | | (B) a forcible felony committed directly in the course |
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| 1 | | of the investigation of the qualified offense for which |
| 2 | | approval was given to record or intercept a conversation |
| 3 | | under this subsection (q); or |
| 4 | | (C) any other forcible felony committed while the |
| 5 | | recording or interception was approved in accordance with |
| 6 | | this subsection (q), but for this specific category of |
| 7 | | prosecutions, only if the law enforcement officer or person |
| 8 | | acting at the direction of a law enforcement officer who |
| 9 | | has consented to the conversation being intercepted or |
| 10 | | recorded suffers great bodily injury or is killed during |
| 11 | | the commission of the charged forcible felony. |
| 12 | | (5) Compliance with the provisions of this subsection is a |
| 13 | | prerequisite to the admissibility in evidence of any part of |
| 14 | | the contents of any wire, electronic or oral communication that |
| 15 | | has been intercepted as a result of this exception, but nothing |
| 16 | | in this subsection shall be deemed to prevent a court from |
| 17 | | otherwise excluding the evidence on any other ground recognized |
| 18 | | by State or federal law, nor shall anything in this subsection |
| 19 | | be deemed to prevent a court from independently reviewing the |
| 20 | | admissibility of the evidence for compliance with the Fourth |
| 21 | | Amendment to the U.S. Constitution or with Article I, Section 6 |
| 22 | | of the Illinois Constitution. |
| 23 | | (6) Use of recordings or intercepts unrelated to qualified |
| 24 | | offenses. Whenever any private conversation or private |
| 25 | | electronic communication has been recorded or intercepted as a |
| 26 | | result of this exception that is not related to an offense for |
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| 1 | | which the recording or intercept is admissible under paragraph |
| 2 | | (4) of this subsection (q), no part of the contents of the |
| 3 | | communication and evidence derived from the communication may |
| 4 | | be received in evidence in any trial, hearing, or other |
| 5 | | proceeding in or before any court, grand jury, department, |
| 6 | | officer, agency, regulatory body, legislative committee, or |
| 7 | | other authority of this State, or a political subdivision of |
| 8 | | the State, nor may it be publicly disclosed in any way. |
| 9 | | (6.5) The Department of State Police shall adopt rules as |
| 10 | | are necessary concerning the use of devices, retention of |
| 11 | | recordings, and reports regarding their use under this |
| 12 | | subsection (q). |
| 13 | | (7) Definitions. For the purposes of this subsection (q) |
| 14 | | only: |
| 15 | | "Forcible felony" includes and is limited to those |
| 16 | | offenses contained in Section 2-8 of the Criminal Code of |
| 17 | | 1961 as of the effective date of this amendatory Act of the |
| 18 | | 97th General Assembly, and only as those offenses have been |
| 19 | | defined by law or judicial interpretation as of that date. |
| 20 | | "Qualified offense" means and is limited to: |
| 21 | | (A) a felony violation of the Cannabis Control Act, |
| 22 | | the Illinois Controlled Substances Act, or the |
| 23 | | Methamphetamine Control and Community Protection Act, |
| 24 | | except for violations of: |
| 25 | | (i) Section 4 of the Cannabis Control Act; |
| 26 | | (ii) Section 402 of the Illinois Controlled |
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| 1 | | Substances Act; and |
| 2 | | (iii) Section 60 of the Methamphetamine |
| 3 | | Control and Community Protection Act; and |
| 4 | | (B) first degree murder, solicitation of murder |
| 5 | | for hire, predatory criminal sexual assault of a child, |
| 6 | | criminal sexual assault, aggravated criminal sexual |
| 7 | | assault, aggravated arson, kidnapping, aggravated |
| 8 | | kidnapping, child abduction, trafficking in persons, |
| 9 | | involuntary servitude, involuntary sexual servitude of |
| 10 | | a minor, or gunrunning. |
| 11 | | "State's Attorney" includes and is limited to the |
| 12 | | State's Attorney or an assistant State's Attorney |
| 13 | | designated by the State's Attorney to provide verbal |
| 14 | | approval to record or intercept conversations under this |
| 15 | | subsection (q). |
| 16 | | (8) Sunset. This subsection (q) is inoperative on and after |
| 17 | | January 1, 2020 2018. No conversations intercepted pursuant to |
| 18 | | this subsection (q), while operative, shall be inadmissible in |
| 19 | | a court of law by virtue of the inoperability of this |
| 20 | | subsection (q) on January 1, 2020 2018. |
| 21 | | (9) Recordings, records, and custody. Any private |
| 22 | | conversation or private electronic communication intercepted |
| 23 | | by a law enforcement officer or a person acting at the |
| 24 | | direction of law enforcement shall, if practicable, be recorded |
| 25 | | in such a way as will protect the recording from editing or |
| 26 | | other alteration. Any and all original recordings made under |
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| 1 | | this subsection (q) shall be inventoried without unnecessary |
| 2 | | delay pursuant to the law enforcement agency's policies for |
| 3 | | inventorying evidence. The original recordings shall not be |
| 4 | | destroyed except upon an order of a court of competent |
| 5 | | jurisdiction; and |
| 6 | | (r) Electronic recordings, including but not limited to, |
| 7 | | motion picture, videotape, digital, or other visual or audio |
| 8 | | recording, made of a lineup under Section 107A-2 of the Code of |
| 9 | | Criminal Procedure of 1963. |
| 10 | | (Source: P.A. 97-333, eff. 8-12-11; 97-846, eff. 1-1-13; |
| 11 | | 97-897, eff. 1-1-13; 98-463, eff. 8-16-13; 98-1014, eff. |
| 12 | | 1-1-15; 98-1142, eff. 12-30-14.)
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.".
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