Sen. Antonio Muņoz
Filed: 2/20/2019
 
 


 




10100SB1139sam001LRB101 04922 SLF 56513 a



1
AMENDMENT TO SENATE BILL 1139




2 AMENDMENT NO. ______. Amend Senate Bill 1139 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 14-3 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 
10communications, and television communications of
any sort 
11where the same are publicly made;
12 (b) Hearing conversation when heard by employees of any 
13common
carrier by wire incidental to the normal course of their 
14employment in
the operation, maintenance or repair of the 
15equipment of such common
carrier by wire so long as no 
16information obtained thereby is used or
divulged by the hearer;
 
 
10100SB1139sam001- 2 -LRB101 04922 SLF 56513 a


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

12emergency repair facility, civilian defense establishment or 
13military
installation;
14 (e) Recording the proceedings of any meeting required to be 
15open by
the Open Meetings Act, as amended;
16 (f) Recording or listening with the aid of any device to 
17incoming
telephone calls of phone lines publicly listed or 
18advertised as consumer
"hotlines" by manufacturers or 
19retailers of food and drug products. Such
recordings must be 
20destroyed, erased or turned over to local law
enforcement 
21authorities within 24 hours from the time of such recording and

22shall not be otherwise disseminated. Failure on the part of the 
23individual
or business operating any such recording or 
24listening device to comply with
the requirements of this 
25subsection shall eliminate any civil or criminal
immunity 
26conferred upon that individual or business by the operation of

 
 
10100SB1139sam001- 3 -LRB101 04922 SLF 56513 a


1this Section;
2 (g) With prior notification to the State's Attorney of the

3county in which
it is to occur, recording or listening with the 
4aid of any device to any
conversation
where a law enforcement 
5officer, or any person acting at the direction of law

6enforcement, is a party to the conversation and has consented 
7to it being
intercepted or recorded under circumstances where 
8the use of the device is
necessary for the protection of the 
9law enforcement officer or any person
acting at the direction 
10of law enforcement, in the course of an
investigation
of a 
11forcible felony, a felony offense of involuntary servitude, 
12involuntary sexual servitude of a minor, or trafficking in 
13persons under Section 10-9 of this Code, an offense involving 
14prostitution, solicitation of a sexual act, or pandering, a 
15felony violation of the Illinois Controlled Substances
Act, a 
16felony violation of the Cannabis Control Act, a felony 
17violation of the Methamphetamine Control and Community 
18Protection Act, any "streetgang
related" or "gang-related" 
19felony as those terms are defined in the Illinois
Streetgang 
20Terrorism Omnibus Prevention Act, or any felony offense 
21involving any weapon listed in paragraphs (1) through (11) of 
22subsection (a) of Section 24-1 of this Code.
Any recording or 
23evidence derived
as the
result of this exemption shall be 
24inadmissible in any proceeding, criminal,
civil or

25administrative, except (i) where a party to the conversation 
26suffers great
bodily injury or is killed during such 
 
 
10100SB1139sam001- 4 -LRB101 04922 SLF 56513 a


1conversation, or
(ii)
when used as direct impeachment of a 
2witness concerning matters contained in
the interception or 
3recording. The Director of the
Department of
State Police shall 
4issue regulations as are necessary concerning the use of

5devices, retention of tape recordings, and reports regarding 
6their
use;
7 (g-5) (Blank);
8 (g-6) With approval of the State's Attorney of the county 
9in which it is to occur, recording or listening with the aid of 
10any device to any conversation where a law enforcement officer, 
11or any person acting at the direction of law enforcement, is a 
12party to the conversation and has consented to it being 
13intercepted or recorded in the course of an investigation of 
14child pornography, aggravated child pornography, indecent 
15solicitation of a child, luring of a minor, sexual exploitation 
16of a child, aggravated criminal sexual abuse in which the 
17victim of the offense was at the time of the commission of the 
18offense under 18 years of age, or criminal sexual abuse by 
19force or threat of force in which the victim of the offense was 
20at the time of the commission of the offense under 18 years of 
21age. In all such cases, an application for an order approving 
22the previous or continuing use of an eavesdropping device must 
23be made within 48 hours of the commencement of such use. In the 
24absence of such an order, or upon its denial, any continuing 
25use shall immediately terminate. The Director of State Police 
26shall issue rules as are necessary concerning the use of 
 
 
10100SB1139sam001- 5 -LRB101 04922 SLF 56513 a


1devices, retention of recordings, and reports regarding their 
2use.
Any recording or evidence obtained or derived in the 
3course of an investigation of child pornography, aggravated 
4child pornography, indecent solicitation of a child, luring of 
5a minor, sexual exploitation of a child, aggravated criminal 
6sexual abuse in which the victim of the offense was at the time 
7of the commission of the offense under 18 years of age, or 
8criminal sexual abuse by force or threat of force in which the 
9victim of the offense was at the time of the commission of the 
10offense under 18 years of age shall, upon motion of the State's 
11Attorney or Attorney General prosecuting any case involving 
12child pornography, aggravated child pornography, indecent 
13solicitation of a child, luring of a minor, sexual exploitation 
14of a child, aggravated criminal sexual abuse in which the 
15victim of the offense was at the time of the commission of the 
16offense under 18 years of age, or criminal sexual abuse by 
17force or threat of force in which the victim of the offense was 
18at the time of the commission of the offense under 18 years of 
19age be reviewed in camera with notice to all parties present by 
20the court presiding over the criminal case, and, if ruled by 
21the court to be relevant and otherwise admissible, it shall be 
22admissible at the trial of the criminal case. Absent such a 
23ruling, any such recording or evidence shall not be admissible 
24at the trial of the criminal case;
25 (h) Recordings made simultaneously with the use of an 
26in-car video camera recording of an oral
conversation between a 
 
 
10100SB1139sam001- 6 -LRB101 04922 SLF 56513 a


1uniformed peace officer, who has identified his or her office, 
2and
a person in the presence of the peace officer whenever (i) 
3an officer assigned a patrol vehicle is conducting an 
4enforcement stop; or (ii) patrol vehicle emergency lights are 
5activated or would otherwise be activated if not for the need 
6to conceal the presence of law enforcement.
7 For the purposes of this subsection (h), "enforcement stop" 
8means an action by a law enforcement officer in relation to 
9enforcement and investigation duties, including but not 
10limited to, traffic stops, pedestrian stops, abandoned vehicle 
11contacts, motorist assists, commercial motor vehicle stops, 
12roadside safety checks, requests for identification, or 
13responses to requests for emergency assistance;
14 (h-5) Recordings of utterances made by a person while in 
15the presence of a uniformed peace officer and while an occupant 
16of a police vehicle including, but not limited to, (i) 
17recordings made simultaneously with the use of an in-car video 
18camera and (ii) recordings made in the presence of the peace 
19officer utilizing video or audio systems, or both, authorized 
20by the law enforcement agency;
21 (h-10) Recordings made simultaneously with a video camera 
22recording during
the use of a taser or similar weapon or device 
23by a peace officer if the weapon or device is equipped with 
24such camera;
25 (h-15) Recordings made under subsection (h), (h-5), or 
26(h-10) shall be retained by the law enforcement agency that 
 
 
10100SB1139sam001- 7 -LRB101 04922 SLF 56513 a


1employs the peace officer who made the recordings for a storage 
2period of 90 days, unless the recordings are made as a part of 
3an arrest or the recordings are deemed evidence in any 
4criminal, civil, or administrative proceeding and then the 
5recordings must only be destroyed upon a final disposition and 
6an order from the court. Under no circumstances shall any 
7recording be altered or erased prior to the expiration of the 
8designated storage period. Upon completion of the storage 
9period, the recording medium may be erased and reissued for 
10operational use;
11 (i) Recording of a conversation made by or at the request 
12of a person, not a
law enforcement officer or agent of a law 
13enforcement officer, who is a party
to the conversation, under 
14reasonable suspicion that another party to the
conversation is 
15committing, is about to commit, or has committed a criminal

16offense against the person or a member of his or her immediate 
17household, and
there is reason to believe that evidence of the 
18criminal offense may be
obtained by the recording;
19 (j) The use of a telephone monitoring device by either (1) 
20a
corporation or other business entity engaged in marketing or 
21opinion research
or (2) a corporation or other business entity 
22engaged in telephone
solicitation, as
defined in this 
23subsection, to record or listen to oral telephone solicitation

24conversations or marketing or opinion research conversations 
25by an employee of
the corporation or other business entity 
26when:
 
 
10100SB1139sam001- 8 -LRB101 04922 SLF 56513 a


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

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 
13aspect of the
communication or conversation made, acquired, or 
14obtained, directly or
indirectly,
under this exemption (j), may 
15be, directly or indirectly, furnished to any law
enforcement 
16officer, agency, or official for any purpose or used in any 
17inquiry
or investigation, or used, directly or indirectly, in 
18any administrative,
judicial, or other proceeding, or divulged 
19to any third party.
20 When recording or listening authorized by this subsection 
21(j) on telephone
lines used for marketing or opinion research 
22or telephone solicitation purposes
results in recording or

23listening to a conversation that does not relate to marketing 
24or opinion
research or telephone solicitation; the
person 
25recording or listening shall, immediately upon determining 
26that the
conversation does not relate to marketing or opinion 
 
 
10100SB1139sam001- 9 -LRB101 04922 SLF 56513 a


1research or telephone
solicitation, terminate the recording
or 
2listening and destroy any such recording as soon as is 
3practicable.
4 Business entities that use a telephone monitoring or 
5telephone recording
system pursuant to this exemption (j) shall 
6provide current and prospective
employees with notice that the 
7monitoring or recordings may occur during the
course of their 
8employment. The notice shall include prominent signage

9notification within the workplace.
10 Business entities that use a telephone monitoring or 
11telephone recording
system pursuant to this exemption (j) shall 
12provide their employees or agents
with access to personal-only 
13telephone lines which may be pay telephones, that
are not 
14subject to telephone monitoring or telephone recording.
15 For the purposes of this subsection (j), "telephone 
16solicitation" means a
communication through the use of a 
17telephone 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 
25opinion research"
means
a marketing or opinion research 
26interview conducted by a live telephone
interviewer engaged by 
 
 
10100SB1139sam001- 10 -LRB101 04922 SLF 56513 a


1a corporation or other business entity whose principal
business 
2is the design, conduct, and analysis of polls and surveys 
3measuring
the
opinions, attitudes, and responses of 
4respondents toward products and services,
or social or 
5political issues, or both;
6 (k) Electronic recordings, including but not limited to, a 
7motion picture,
videotape, digital, or other visual or audio 
8recording, made of a custodial
interrogation of an individual 
9at a police station or other place of detention
by a law 
10enforcement officer under Section 5-401.5 of the Juvenile Court 
11Act of
1987 or Section 103-2.1 of the Code of Criminal 
12Procedure of 1963;
13 (l) Recording the interview or statement of any person when 
14the person
knows that the interview is being conducted by a law 
15enforcement officer or
prosecutor and the interview takes place 
16at a police station that is currently
participating in the 
17Custodial Interview Pilot Program established under the

18Illinois Criminal Justice Information Act;
19 (m) An electronic recording, including but not limited to, 
20a motion picture,
videotape, digital, or other visual or audio 
21recording, made of the interior of a school bus while the 
22school bus is being used in the transportation of students to 
23and from school and school-sponsored activities, when the 
24school board has adopted a policy authorizing such recording, 
25notice of such recording policy is included in student 
26handbooks and other documents including the policies of the 
 
 
10100SB1139sam001- 11 -LRB101 04922 SLF 56513 a


1school, notice of the policy regarding recording is provided to 
2parents of students, and notice of such recording is clearly 
3posted on the door of and inside the school bus.

4 Recordings made pursuant to this subsection (m) shall be 
5confidential records and may only be used by school officials 
6(or their designees) and law enforcement personnel for 
7investigations, school disciplinary actions and hearings, 
8proceedings under the Juvenile Court Act of 1987, and criminal 
9prosecutions, related to incidents occurring in or around the 
10school bus; 
11 (n)
Recording or listening to an audio transmission from a 
12microphone placed by a person under the authority of a law 
13enforcement agency inside a bait car surveillance vehicle while 
14simultaneously capturing a photographic or video image; 
15 (o) The use of an eavesdropping camera or audio device 
16during an ongoing hostage or barricade situation by a law 
17enforcement officer or individual acting on behalf of a law 
18enforcement officer when the use of such device is necessary to 
19protect the safety of the general public, hostages, or law 
20enforcement officers or anyone acting on their behalf; 
21 (p) Recording or listening with the aid of any device to 
22incoming telephone calls of phone lines publicly listed or 
23advertised as the "CPS Violence Prevention Hotline", but only 
24where the notice of recording is given at the beginning of each 
25call as required by Section 34-21.8 of the School Code. The 
26recordings may be retained only by the Chicago Police 
 
 
10100SB1139sam001- 12 -LRB101 04922 SLF 56513 a


1Department or other law enforcement authorities, and shall not 
2be otherwise retained or disseminated; 
3 (q)(1) With prior request to and written or verbal approval 
4of the State's Attorney of the county in which the conversation 
5is anticipated to occur, recording or listening with the aid of 
6an eavesdropping device to a conversation in which a law 
7enforcement officer, or any person acting at the direction of a 
8law enforcement officer, is a party to the conversation and has 
9consented to the conversation being intercepted or recorded in 
10the course of an investigation of a qualified offense. The 
11State's Attorney may grant this approval only after determining 
12that reasonable cause exists to believe that inculpatory 
13conversations concerning a qualified offense will occur with a 
14specified individual or individuals within a designated period 
15of time.
16 (2) Request for approval. To invoke the exception contained 
17in this subsection (q), a law enforcement officer shall make a 
18request for approval to the appropriate State's Attorney. The 
19request may be written or verbal; however, a written 
20memorialization of the request must be made by the State's 
21Attorney. This request for approval shall include whatever 
22information is deemed necessary by the State's Attorney but 
23shall include, at a minimum, the following information about 
24each specified individual whom the law enforcement officer 
25believes will commit a qualified offense:
26  (A) his or her full or partial name, nickname or alias;
 
 
10100SB1139sam001- 13 -LRB101 04922 SLF 56513 a


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 
9State'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 
 
 
10100SB1139sam001- 14 -LRB101 04922 SLF 56513 a


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 
6approval and the written approval by the State's Attorney may 
7be in any format, including via facsimile, email, or otherwise, 
8so long as it is capable of being filed with the circuit clerk. 
9 (3.10) (Blank). Beginning March 1, 2015, each State's 
10Attorney shall annually submit a report to the General Assembly 
11disclosing:
12  (A) the number of requests for each qualified offense 
13 for approval under this subsection; and
14  (B) the number of approvals for each qualified offense 
15 given by the State's Attorney. 
16 (4) Admissibility of evidence. No part of the contents of 
17any wire, electronic, or oral communication that has been 
18recorded or intercepted as a result of this exception may be 
19received in evidence in any trial, hearing, or other proceeding 
20in or before any court, grand jury, department, officer, 
21agency, regulatory body, legislative committee, or other 
22authority of this State, or a political subdivision of the 
23State, other than in a prosecution of:
24  (A) the qualified offense for which approval was given 
25 to record or intercept a conversation under this subsection 
26 (q);
 
 
10100SB1139sam001- 15 -LRB101 04922 SLF 56513 a


1  (B) a forcible felony committed directly in the course 
2 of the investigation of the qualified offense for which 
3 approval was given to record or intercept a conversation 
4 under this subsection (q); or
5  (C) any other forcible felony committed while the 
6 recording or interception was approved in accordance with 
7 this subsection (q), but for this specific category of 
8 prosecutions, only if the law enforcement officer or person 
9 acting at the direction of a law enforcement officer who 
10 has consented to the conversation being intercepted or 
11 recorded suffers great bodily injury or is killed during 
12 the commission of the charged forcible felony.
13 (5) Compliance with the provisions of this subsection is a 
14prerequisite to the admissibility in evidence of any part of 
15the contents of any wire, electronic or oral communication that 
16has been intercepted as a result of this exception, but nothing 
17in this subsection shall be deemed to prevent a court from 
18otherwise excluding the evidence on any other ground recognized 
19by State or federal law, nor shall anything in this subsection 
20be deemed to prevent a court from independently reviewing the 
21admissibility of the evidence for compliance with the Fourth 
22Amendment to the U.S. Constitution or with Article I, Section 6 
23of the Illinois Constitution.
24 (6) Use of recordings or intercepts unrelated to qualified 
25offenses. Whenever any private conversation or private 
26electronic communication has been recorded or intercepted as a 
 
 
10100SB1139sam001- 16 -LRB101 04922 SLF 56513 a


1result of this exception that is not related to an offense for 
2which the recording or intercept is admissible under paragraph 
3(4) of this subsection (q), no part of the contents of the 
4communication and evidence derived from the communication may 
5be received in evidence in any trial, hearing, or other 
6proceeding in or before any court, grand jury, department, 
7officer, agency, regulatory body, legislative committee, or 
8other authority of this State, or a political subdivision of 
9the State, nor may it be publicly disclosed in any way.
10 (6.5) The Department of State Police shall adopt rules as 
11are necessary concerning the use of devices, retention of 
12recordings, and reports regarding their use under this 
13subsection (q). 
14 (7) Definitions. For the purposes of this subsection (q) 
15only:
16  "Forcible felony" includes and is limited to those 
17 offenses contained in Section 2-8 of the Criminal Code of 
18 1961 as of the effective date of this amendatory Act of the 
19 97th General Assembly, and only as those offenses have been 
20 defined by law or judicial interpretation as of that date.
21  "Qualified offense" means and is limited to:
22   (A) a felony violation of the Cannabis Control Act, 
23 the Illinois Controlled Substances Act, or the 
24 Methamphetamine Control and Community Protection Act, 
25 except for violations of:
26    (i) Section 4 of the Cannabis Control Act;
 
 
10100SB1139sam001- 17 -LRB101 04922 SLF 56513 a


1    (ii) Section 402 of the Illinois Controlled 
2 Substances Act; and
3    (iii) Section 60 of the Methamphetamine 
4 Control and Community Protection Act; and
5   (B) first degree murder, solicitation of murder 
6 for hire, predatory criminal sexual assault of a child, 
7 criminal sexual assault, aggravated criminal sexual 
8 assault, aggravated arson, kidnapping, aggravated 
9 kidnapping, child abduction, trafficking in persons, 
10 involuntary servitude, involuntary sexual servitude of 
11 a minor, or gunrunning. 
12  "State's Attorney" includes and is limited to the 
13 State's Attorney or an assistant State's Attorney 
14 designated by the State's Attorney to provide verbal 
15 approval to record or intercept conversations under this 
16 subsection (q).
17 (8) Sunset. This subsection (q) is inoperative on and after 
18January 1, 2025 2020. No conversations intercepted pursuant to 
19this subsection (q), while operative, shall be inadmissible in 
20a court of law by virtue of the inoperability of this 
21subsection (q) on January 1, 2025 2020. 
22 (9) Recordings, records, and custody. Any private 
23conversation or private electronic communication intercepted 
24by a law enforcement officer or a person acting at the 
25direction of law enforcement shall, if practicable, be recorded 
26in such a way as will protect the recording from editing or 
 
 
10100SB1139sam001- 18 -LRB101 04922 SLF 56513 a


1other alteration. Any and all original recordings made under 
2this subsection (q) shall be inventoried without unnecessary 
3delay pursuant to the law enforcement agency's policies for 
4inventorying evidence. The original recordings shall not be 
5destroyed except upon an order of a court of competent 
6jurisdiction; and 
7 (r) Electronic recordings, including but not limited to, 
8motion picture, videotape, digital, or other visual or audio 
9recording, made of a lineup under Section 107A-2 of the Code of 
10Criminal Procedure of 1963. 
11(Source: P.A. 100-572, eff. 12-29-17.)


12 Section 10. The Code of Criminal Procedure of 1963 is 
13amended by changing Sections 108A-11 and 108B-13 as follows:




14 (725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)



15 Sec. 108A-11. Reports concerning use of eavesdropping 
16devices. 
17 (a) On or before February 1 In January of each year, the 
18State's Attorney of each county in which
eavesdropping devices 
19were used pursuant to the provisions of this
Article shall 
20report to the Department of State Police the
following with 
21respect to each application for an order authorizing the
use of 
22an eavesdropping device, or an extension thereof, made during 
23the
preceding calendar year:

24  (1) (blank) the fact that such an order, extension, or

 
 
10100SB1139sam001- 19 -LRB101 04922 SLF 56513 a


1 subsequent approval of an emergency was applied for;

2  (2) the kind of order and number of extensions or 
3 extension applied for;

4  (3) (blank) a statement as to whether the order or 
5 extension
was granted as applied for was modified, or was 
6 denied;

7  (4) (blank) the period authorized by the order or 
8 extensions
in which an eavesdropping device could be used;

9  (5) the felony specified in the order extension or 
10 denied application;

11  (6) the identity of the applying investigative or
law 
12 enforcement officer and agency making the application
and 
13 the State's Attorney authorizing the application; and

14  (7) the nature of the facilities from which or the 
15 place where
the eavesdropping device was to be used.

16 (b) Such report shall also include the following:

17  (1) a general description of the uses of eavesdropping

18 devices actually made under such order to
overheard or 
19 record conversations, including: (a)
the approximate 
20 number nature and frequency of incriminating
conversations 
21 overheard, and (b) the approximate total number nature
and 
22 frequency of other conversations overheard, (c)
the 
23 approximate number of persons whose conversations
were 
24 overheard, and (d) the approximate nature, amount,
and cost 
25 of the manpower and other resources used
pursuant to the 
26 authorization to use an eavesdropping device;

 
 
10100SB1139sam001- 20 -LRB101 04922 SLF 56513 a


1  (2) the number of arrests resulting from authorized

2 uses of eavesdropping devices and the offenses for
which 
3 arrests were made;

4  (3) (blank) the number of trials resulting from such 
5 uses
of eavesdropping devices;

6  (4) (blank) the number of motions to suppress made with

7 respect to such uses, and the number granted or denied; and

8  (5) the number of convictions resulting from such
uses 
9 and the offenses for which the convictions were obtained

10 and a general assessment of the importance of the 
11 convictions.

12 (c) On or before April 1 In April of each year, the 
13Department of State Police
shall transmit to the General 
14Assembly
a report including information on the number of

15applications for orders authorizing the use of eavesdropping

16devices, the number of orders and extensions granted or denied

17during the preceding calendar year, and the convictions arising

18out of such uses. The report shall also include the information 
19reported under subsection (d).

20 The requirement for reporting to the General Assembly shall 
21be satisfied
by filing copies of the report as required by 
22Section 3.1 of the General Assembly Organization Act, and

23filing such additional copies with the State Government Report 
24Distribution
Center for the General Assembly as is required 
25under paragraph (t) of
Section 7 of the State Library Act.

26 (d) On or before February 1 of each year, each State's 
 
 
10100SB1139sam001- 21 -LRB101 04922 SLF 56513 a


1Attorney shall submit a report to the Department of State 
2Police disclosing: 
3  (1) the number of requests for each qualified offense 
4for approval under subsection (q) of Section 14-3 of the 
5Criminal Code of 2012; and 
6  (2) the number of approvals for each qualified offense 
7under subsection (q) of Section 14-3 of the Criminal Code of 
82012 given by the State's Attorney. 
9(Source: P.A. 100-1148, eff. 12-10-18.)





10 (725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)



11 Sec. 108B-13. Reports concerning use of eavesdropping 
12devices. 

13 (a) Within 30 days after the expiration of an order and 
14each extension
thereof
authorizing an interception, or within 
1530 days after the denial of an
application or disapproval of an 
16application subsequent to any alleged
emergency situation, the 
17State's Attorney shall report to the Department of
State Police 
18the following:

19  (1) (blank) the fact that such an order, extension, or 
20 subsequent approval of an
emergency was applied for;

21  (2) the kind of order and number of extensions or 
22 extension applied for;

23  (3) (blank) a statement as to whether the order or 
24 extension was granted as
applied for was modified, or was 
25 denied;

 
 
10100SB1139sam001- 22 -LRB101 04922 SLF 56513 a


1  (4) (blank) the period authorized by the order or 
2 extensions in which an
eavesdropping device could be used;

3  (5) the offense enumerated in Section 108B-3 which is 
4 specified in the
order or extension or in the denied 
5 application;

6  (6) the identity of the applying electronic criminal 
7 surveillance
officer and agency making the application and 
8 the State's Attorney
authorizing the application; and

9  (7) the nature of the facilities from which or the 
10 place where the
eavesdropping device was to be used.

11 (b) On or before February 1 In January of each year, the 
12State's Attorney of each county in which
an interception 
13occurred pursuant to the provisions of this Article shall

14report to the Department of State Police the following:

15  (1) a general description of the uses of eavesdropping 
16 devices actually
made under such order to overhear or 
17 record conversations, including: (a)
the approximate 
18 number nature and frequency of incriminating conversations

19 overheard, and (b) the approximate total number nature and 
20 frequency of other conversations
overheard, (c) the 
21 approximate number of persons whose conversations were

22 overheard, and (d) the approximate nature, amount, and cost 
23 of the manpower
and other resources used pursuant to the 
24 authorization to use an
eavesdropping device;

25  (2) the number of arrests resulting from authorized 
26 uses of
eavesdropping devices and the offenses for which 
 
 
10100SB1139sam001- 23 -LRB101 04922 SLF 56513 a


1 arrests were made;

2  (3) (blank) the number of trials resulting from such 
3 uses of eavesdropping devices;

4  (4) (blank) the number of motions to suppress made with 
5 respect to such uses,
and the number granted or denied; and

6  (5) the number of convictions resulting from such uses 
7 and the offenses for
which the convictions were obtained 
8 and a general assessment of the
importance of the 
9 convictions.

10 On or before April March 1 of each year, the Director of 
11the Department of
State Police shall submit to the Governor a 
12report of all intercepts as
defined herein conducted pursuant 
13to this Article and terminated during the
preceding calendar 
14year. Such report shall include:

15  (1) the reports of State's Attorneys forwarded to the

16 Director as required in this Section;

17  (2) the number of Department personnel authorized to 
18 possess, install,
or operate electronic, mechanical, or 
19 other devices;

20  (3) the number of Department and other law enforcement 
21 personnel who
participated or engaged in the seizure of 
22 intercepts pursuant to this
Article during the preceding 
23 calendar year;

24  (4) the number of electronic criminal surveillance 
25 officers trained by
the Department;

26  (5) the total cost to the Department of all activities 
 
 
10100SB1139sam001- 24 -LRB101 04922 SLF 56513 a


1 and procedures
relating to the seizure of intercepts during 
2 the preceding calendar year,
including costs of equipment, 
3 manpower, and expenses incurred as
compensation for use of 
4 facilities or technical assistance provided to or
by the 
5 Department; and

6  (6) a summary of the use of eavesdropping devices 
7 pursuant to orders of
interception including (a) the 
8 frequency of use in each county, (b) the
frequency of use 
9 for each crime enumerated in Section 108B-3 of the Code of

10 Criminal Procedure of 1963, as amended, (c) the type and 
11 frequency of
eavesdropping device use, and (d) the 
12 frequency of use by each police
department or law 
13 enforcement agency of this State.

14 (d) On or before April 1 In April of each year, the 
15Director of the Department of State
Police and the Governor 
16shall each transmit to the General
Assembly reports including 
17information on the number of applications for
orders 
18authorizing the use of eavesdropping devices, the number of 
19orders
and extensions granted or denied during the preceding 
20calendar year, the
convictions arising out of such uses, and a 
21summary of the information
required by subsections (a) and (b) 
22of this Section.

23 The requirement for reporting to the General Assembly shall 
24be satisfied
by filing copies of the report as
required by 
25Section 3.1 of the General Assembly Organization Act, and 
26filing
such
additional copies with the State Government Report 
 
 
10100SB1139sam001- 25 -LRB101 04922 SLF 56513 a


1Distribution Center for
the General Assembly as is required 
2under paragraph (t) of Section 7 of the
State Library Act.

3(Source: P.A. 100-1148, eff. 12-10-18.)



4 Section 99. Effective date. This Act takes effect upon 
5becoming law.".